Terms of sale

GENERAL CONDITIONS OF SALE AND USE

Last updated: 1^Er June 2023

PREAMBLE

POLMA products are textile products marketed by VVK SARL, which specialises in the retail trade in textile products.

Unless otherwise agreed, the products presented on the website https://polma.fr/ are offered by VVK SARL.

The present general conditions of sale and use apply as of right to the contractual relationship between (1) VVK SARL, company, whose head office is located 63 boulevard de la plage-33950 Lège Cap Ferret and (2) any user or customer of the website of POLMA: https://polma.fr/

1. DEFINITIONS AND SCOPE OF THE WEBSITE

1.1 Definitions

For the purposes of the interpretation and execution of this document, the following terms and expressions (when preceded by a capital letter) mean:

Ordering : any order of Products made and validated by the Customer on the Website;

General Terms and Conditions of Sale and Use The general conditions of sale and use described in this document;

Products : the products offered for sale on the Website by the Company;

Web Site : the websites operated by DJULA available at the following addresses https://polma.fr ;

Company : VVK SARL company;

You Or User Or Customer : any consumer using the Website, in particular with the intention of ordering Products offered for sale on the Website for strictly personal use.

1.2 Scope of application

The General Terms and Conditions of Sale and Use are applicable to any use of the Website by the Customer, in particular for an order of Products and/or for any online sale of Products by the Company to the Customers through the Website.

The General Conditions of Sale and Use shall apply, as appropriate, to any extension or extension of the site on existing or future social and/or community networks.

Unless otherwise agreed, the General Terms and Conditions of Sale and Use are the only applicable terms and conditions and the Customer expressly agrees to the award of his Order.

The Order of Products is reserved for Users who have read and accepted the General Terms and Conditions of Sale and Use in their entirety, as well as any conditions specific to Products in particular, by means of a click made before each Order.

The User is invited to read carefully the General Conditions of Sale and Use referenced by a hypertext link at the bottom of each page of the Website. Users are advised to download and/or print the General Terms and Conditions of Sale and Use and to keep a copy. The General Conditions of Sale and Use which may be modified at any time and without prior notice by the Company, it is imperative that the User consult them and accept them at the time of the placing of an Order in order to verify the provisions in force. However, any amendment to the General Terms and Conditions of Sale and Use will not be applicable to Orders placed and confirmed by the Company before the amendments are made.

The express acceptance of the General Conditions of Sale and Use, and any special conditions, will materialise by checking the appropriate box. Otherwise, no Products command could be performed.

The General Conditions of Sale and Use will be sent to you with the confirmation email of your Order.

For any issues or requests for information regarding this website, or reports of any illegal content or activities, users can contact the publisher at the following email address: contact@polma.fr Alternatively, send a registered letter to the following address and confirm receipt: Polma/Leopold Matus, 52 rue Notre Dame, 33000 Bordeaux.

According to Article 6 of Law No. 2004-575 of June 21, 2004 on Confidence in the Digital Economy, this article establishes the identities of various stakeholders on the website.

This website is published by VVK SARL, with its registered office located at 63 boulevard de la Plage 33950 L è ge Cap Ferret and registered with RCS under registration number 40069998.

Website Publishing Director: L é opold Matous.

This website is hosted by IONOS 1&1 and is headquartered at 7 Place de la Gare, 57201 Sarreguemines.

1.3 Access, navigation, and website management

The company implements its available technical solutions, allowing access to the website 24 hours a day, 7 days a week. However, it can suspend, restrict, or interrupt access to the website or certain pages at any time in order to update, modify, or take any other action necessary for the normal operation of the website.

In order to properly manage the website, the company may suspend, interrupt, or restrict access to all or part of the website at any time, and reserve access to the website or certain parts of the website to specific categories of internet users; Delete any information that may interfere with its operations or violate national or international laws or network etiquette rules; Pause the website for updates.

2. product

The basic features and prices of electronic sales products can be found on the website.

The company will strive to ensure that the product information sold on the website (categories, names, replicas, photos, descriptions, attributes, features, prices, ingredients, etc.) is as accurate as possible and regularly updated. However, the company is not responsible for non material errors in the information provided.

In addition, although photos and other replicas of the products sold accurately represent these products on the website, within the limitations of available technology, information related to the products may contain immaterial errors.

The product is sold within the availability range.

Although the company remains vigilant, if the ordered product no longer meets the order conditions, the company will notify the customer as soon as possible through any appropriate means (phone or email) and advise the customer to (i) replace the unusable product with a similar price product if possible, or (ii) cancel the order for the relevant unusable product.

If the order for the relevant unusable product is cancelled, the amount corresponding to the unusable product (including transportation costs, if applicable) will not be deducted from the customer's bank account or refunded to the customer within fourteen (14) days.

3. price

The product price is the valid price displayed on the website on the date of payment for the order. The price is expressed in euros, including all taxes and fees.

All orders from customers in the EU, UK or Switzerland are only paid in euros And do not consider the delivery cost of additional charges. The delivery cost is displayed before the customer confirms the order.

If customs duties or other local, import, or state taxes are required, these duties and taxes will be the sole responsibility of the customer. The company does not bear these expenses.

The company reserves the right to change product prices at any time. The product will be invoiced based on the effective price on the date of payment for the order.

The total order amount (including all taxes) and delivery cost shall be indicated before the final confirmation of the order.

The full price must be paid when ordering.

4. Online ordering

Any order implies a complete and unreserved acceptance of the general conditions of sale and use. Unless otherwise agreed by the company, these conditions take precedence over all other conditions.

To place an order on the website, the customer must be of legal age, have legal capacity, and hold a credit card or any other payment tool accepted on the website (as stated at the time of order effectiveness).

The customer guarantees that all information conveyed through the website within the framework of their order complies with the general conditions of sales and use, is accurate and up-to-date. Otherwise, the company reserves the right to cancel the order and make corresponding payments. The company is not responsible for the consequences of inaccurate information provided by customers.

In particular, the customer must provide a valid email address and delivery address, and acknowledge in these General Terms of Sale that any exchange with the seller can be made through this address.

The product is sold to end consumers on the website for their personal use only.

The company also has the right to refuse any order: (i) an order that has a dispute with the customer regarding the payment of a previous order; Or (ii) does not meet the general sales and usage conditions.

5. payment

The customer makes payment through credit card upon final confirmation of the order.

The customer guarantees to the seller that they have the necessary authorization to use this payment method and acknowledges that the information provided for this purpose constitutes proof of their agreement to sell and pay the amounts payable under the order.

According to Article 313-1 of the French Criminal Code, fraudulent use of a bank card number belonging to another person or refusal to make payment for fraudulent purposes without the consent of another person constitutes a crime of fraud and is punishable by 5 years' imprisonment and a fine of 375000 euros. New technology can now track fraudulent attempts.

Then, the customer will influence the transaction by providing their credit card number and/or bank details in accordance with secure banking standards; The customer unconditionally agrees in advance that the company can conduct relevant secure transactions. Customer account debit authorization is always granted only for the amount of product purchased.

The customer's credit card will be debited after verifying their identity and bank information. If for any reason (opposition, rejection by the distribution center, etc.), the amount owed by the customer cannot be debited, the company will not record and/or cancel the order.

6. acknowledgement of order

After receiving confirmation of purchase and payment from the customer, the company will confirm receipt of the order by sending an email to the email address provided by the customer. This confirmation email will contain information related to the order and customer, and/or difficulties related to the order (if applicable) (product availability, delivery time, or payment difficulties). From the date the company sends a confirmation email to an unreserved customer, the order will be binding on the company.

The seller is obligated to issue an invoice to the customer at the time of delivery. Customers can send a request to the customer service department (see contact information below) before delivery, requesting that the invoice be sent to an address other than the delivery address.

If the product is not available, the seller will notify the customer via email as soon as possible to cancel the order for the product and refund the relevant price, while the remaining part of the order remains unchanged.

Customers may exercise their withdrawal rights within 14 days after receiving information about the unavailability of the product.

For any questions regarding order follow-up, customers can contact customer service through the following contact information:

By email: contact@polma.fr

Mailing: 52 Notre Dame Street, Bordeaux, 33000

7. electronic signature

According to Law No. 2000-230 of March 13, 2000, providing the buyer's credit card number and final confirmation of the order online constitutes proof of the customer agreement, payment of the due amount under the order, signing, and explicit acceptance of all transactions.

8. Transaction proof

Communication, orders, and payments between customers and sellers can be evidenced by computerized records stored in the seller's computer system under reasonable and secure conditions. Purchase orders and invoices are archived on reliable and durable media, especially as a means of proof.

9. delivery

The product will be delivered to the address specified at the time of placing the order. If multiple products are ordered, the company reserves the right to deliver segmented products.

Delivery can only be made after payment is confirmed by the company's banking institution. If a debit card is used for payment, the order will be delivered immediately after checking the order payment.

The product is delivered to the address specified by the customer on the online form forming the purchase order, and the customer must ensure its accuracy.

Any packages returned to the company due to incorrect or incomplete delivery addresses will be resent by the customer at their own expense.

The ordered products will be delivered on the date or deadline specified in the order confirmation email, but not exceeding fourteen (14) working days from the date of company order confirmation, Due to conditions not entirely attributable to the company (including possible force majeure), these deadlines may change.

If there is a change in the initial delivery time, the company will notify the customer as soon as possible through any appropriate means (phone or email). In this case, the customer may accept the new deadline set by the company, or cancel the order for the relevant product after the company issues a formal notice to deliver the product within a reasonable additional delivery deadline, which is invalid. If the order is cancelled to change the originally specified delivery time, the amount corresponding to the product (including transportation costs, if applicable) will not be deducted from the customer's bank account or refunded to the customer within fourteen (14) days.

The termination of this contract must be carried out in the following manner:

By email: contact@polma.fr

Mailing:52 Notre Dame Street, Bordeaux 33000

10. Order Verification

The risks related to the product are transferred to the customer on the date and address of product delivery.

The customer has an obligation to check whether the delivered products comply with their order. If the original packaging is damaged, torn or opened during delivery, the customer must inspect the condition of the product. If the package is damaged, the buyer must reject the package and indicate retention on the delivery note. The customer must provide a handwritten explanation of any abnormal circumstances related to the delivery on the delivery note.

Without affecting the withdrawal right and applicable legal guarantees, the company does not accept product returns unless the quantity and/or quality of the product do not match the order.

If the product does not meet the order requirements, the customer must:

- Notify the company as soon as possible, Up to 7 days after receiving the order)Send via email to: contact@polma.fr ; Explain the reason for non-compliance or call customer support at the following phone number: [To be completed] ;

- Return the original packaging of the relevant product, intact, unused, and accompanied by all attachments, if necessary, documents, and a copy of the delivery note accompanying the delivered product;

- Follow the return procedure steps specified by the company, as described in Article 11 below.

- However, the company will only bear the return costs and provide proof of such costs to the company if the customer has reason to claim that the returned product does not meet their order. Then, the customer's bank account will credit the corresponding product amount;

- If the returned product cannot be replaced or repaired, the invoice price of the non-conforming product (including any transportation costs) will be credited to the customer's bank account within fourteen (14) days after the company receives the returned product.

If necessary, the customer must notify the seller of their reservation by:

By email: contact@polma.fr

Mailing:52 Notre Dame Street, Bordeaux 33000

Any booking not made within the aforementioned rules and time frame will not be considered and the seller will be relieved of any responsibility towards the customer.

After receiving the complaint, the seller will assign an exchange number to the relevant product and notify the customer via email.

11. Order Return

The product to be replaced or refunded must be returned to the company in its entirety and original packaging in the following manner:

Product returned by mail within 15 days from the date of delivery of the order to the following address: VVK SARL-Customer Service-63 boulevard de la plage, 33950 Lège Cap Ferret.

Any claim or return not made in the rules defined above and within the time limits will not be taken into account and will relieve the seller of any liability to the customer.

Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. The return charge is the responsibility of the customer.

12. PROPRIETE RESERVE CLAUSE

The Products remain the property of the Company until the full payment of the price of the Products by the Customer to the Company, that is to say when the price was actually debited from the Customer's bank account.

13. RIGHT OF RETRACTATION

The Customer has a right of withdrawal for any purchase of Products from the Website and delivered by the Company, for exchange or not, and without penalty, for a period of fourteen (14) days from the delivery of the Order, without having to justify its decision.

To this end, the Customer shall either (i) complete and return to the Company the form of withdrawal sent to it by the Company in the email confirmation of its Order and attached to the General Conditions of Sale and Use (Annex 1) or (ii) send to the Company an unambiguous statement clearly expressing its will to withdraw.

The Products must be returned in their entirety, in perfect condition and in their original packaging.

The right of withdrawal will not apply to Custom Products, Products created according to the Customer's specifications, to Products liable to be damaged or to perish quickly, to Incomplete Products or to Products which, by nature, cannot be returned to the Company.

To exercise your right of withdrawal, you must notify us of your withdrawal decision by means of an unambiguous statement (for example, a letter sent by post, a fax or an e-mail) or use the standard retraction form under the conditions stated above, since it is not obligatory.

To respect the withdrawal period, you only have to transmit a declaration expressing your right of withdrawal before the expiry of the withdrawal period under the conditions defined above.

You must send us the Products without undue delay and, in all cases, fourteen (14) days after we have communicated your decision of withdrawal.

The cost of return of the Products will be at your expense.

If you have returned Products by exercising your right of withdrawal, the Company will then refund the invoiced amount as soon as possible and, in any event, within fourteen (14) days of the receipt of the Products returned by the Company.

The customer will assert his right of withdrawal by contacting customer service:

By e-mail: contact@polma.fr

By mail:52 rue notre dame 33000 Bordeaux

13. LEGAL SAFEGUARDS

The Customer is informed that the Products of the Company are subject to the following legal guarantees:

" The consumer shall have a period of two years from the grant of the property in order to obtain the implementation of the legal guarantee of conformity in the event of a failure to comply. During that period, the consumer is required to establish only the existence of the non-conformity and not the date of appearance thereof. " Where the contract of sale of the property provides for the supply of digital content or a digital service on an ongoing basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the specified period of supply. During that period, the consumer is required to establish only the existence of the lack of conformity affecting the digital content or digital service and not the date of appearance thereof. " The legal guarantee of conformity imposes an obligation on the professional, where appropriate, to provide all the necessary updates necessary for the maintenance of the conformity of the property. " The legal guarantee of conformity gives the consumer the right to repair or replace the property within thirty days of his request, free of charge and without any major inconvenience to him. " If the property is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. " If the consumer requests the repair of the property, but the seller imposes the replacement, the legal guarantee of conformity shall be renewed for a period of two years from the date of replacement of the property. " The consumer may obtain a reduction in the purchase price by retaining the property or terminate the contract by being reimbursed in full against the return of the property, if: " 1 ° The professional refuses to repair or replace the property; " 2 ° The repair or replacement of the property occurs after a period of thirty days; " 3 ° The repair or replacement of the property causes a major inconvenience to the consumer, in particular where the consumer definitively bears the costs of recovery or removal of the non-compliant property, or if it bears the costs of installation of the repaired or replacement property; " 4 ° The non-conformity of the property persists despite the unsuccessful attempt to bring the seller into conformity. " The consumer is also entitled to a reduction in the price of the property or to the resolution of the contract where the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract immediately. The consumer is not required to request the repair or replacement of the property in advance. " The consumer is not entitled to the resolution of the sale if the lack of conformity is minor. " Any period of detention of the property for the purpose of its repair or replacement suspends the guarantee that remains to be paid until the delivery of the restored property. " The rights mentioned above are the result of the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. " The seller who obstructs bad faith in the implementation of the legal guarantee of conformity is liable to a civil fine of up to EUR 300 000, which may be increased to 10 % of the average annual turnover (Article L. 241-5 of the Consumer Code). " The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the property is retained or a full refund against the return of the property. "

This guarantee will not apply in the following cases:

• Defects or damage resulting from improper use, maintenance or accident;
• The consequences of normal wear due to the ageing of the Product.

14. FORCE MAJEURE

The parties will be exempted from their obligations in the event that a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code would prevent their execution. The obligations of the parties will be suspended.

The party invoking such a circumstance shall notify the other party immediately, its occurrence and its disappearance.

It shall be considered as cases of force majeure all facts or irresistible and unforeseeable circumstances which cannot be prevented by the latter, in spite of all reasonable efforts, defined as such by the French case-law, in particular the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, and the termination of telecommunications networks.

If the case of force majeure is longer than three months, the present general conditions may be terminated by the injured party.

15. PARTIAL NULLITY

If one or more of the provisions of these general conditions of sale were declared invalid by law, regulation or final decision of a French court, the other stipulations will retain all their strength and scope.

16. INTELLECTUAL PROPERTY

All intellectual property rights, regardless of their nature, attached to all Products sold on the Website and to all the elements contained on the Website (including texts, logos, trademarks, graphics, images, photos, videos, animations, names and any other elements) are and remain the exclusive property of the Company.

Nothing herein shall be construed as granting the Customer any right in any of the trademarks, Products and any intellectual property rights attached thereto and other distinctive signs of the Company.

Under these conditions, no one is permitted to reproduce, represent, exploit, adapt, distribute or use, by any process, for any purpose, in whole or in part, the intellectual property rights attached to the Products sold on the Website and any element appearing on the Website without the prior written consent of the Company.

17. CONFIDENTIALITY AND PERSONAL DATA

In addition to these General Conditions, the Website has a privacy policy which describes the manner in which personal data are processed when the user visits the Website, as well as the manner in which cookies are used.

By browsing the Website, the user declares that he has also read the aforementioned privacy policy.

The Company s’Undertakes to preserve the confidentiality of the information provided online by the’Surfer, qu’It would be required to transmit for the’Use of certain services.

Polma.fr reserves the right to collect data on the’User, including by l’Use of cookies. Subject to your agreement, we may, for commercial reasons, transmit to a trading partner l’Identity and contact information for service users. L’User is informed that this automated processing d’Information, including the management of e-mail addresses of users, has done’D object’A declaration to the CNIL under number 1810885 of November 17, 2014.

All information concerning him is subject to the provisions of Act No. 78-17 of 6 January 1978. As such, l’User has d’A right of’Access, modification, correction and deletion of information concerning the’The person may exercise or obtain information concerning him or her by contacting:

By e-mail: contact@polma.fr

By mail:52 rue notre dame 33000 Bordeaux

19. APPLICABLE LAW AND JURISDICTION

The General Conditions of Sale and Use are subject to French law, subject to the application of the mandatory rules of the country of residence of the Customer.

In case of dispute or complaint, the customer will first address the Company to obtain an amicable solution.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up a Dispute Resolution platform, facilitating the independent resolution of online disputes between consumers and professionals in the European Union. This platform is available at the following link: https://webgate.ec.europa.eu/odr/.

In case of a complaint not resolved amicably, the Customer may refer the matter to the mediator of his choice.

The Customer remains free to accept or not to resort to mediation, and each party is free to accept or reject the solution proposed by the mediator. Failing that, the dispute falls within the jurisdiction of the competent courts in accordance with the provisions of the Code of Civil Procedure.