Terms of sale

GENERAL TERMS OF SALE

Effective as of 13/08/2023

ARTICLE 1 - SCOPE OF APPLICATION

The present General Terms of Sale (hereinafter referred to as "GTS") apply, without limitations or reservations, to all sales concluded by the Seller with non-professional buyers (hereinafter referred to as "The Clients" or "the Client" ''Customers ''Customer'') wishing to purchase the products offered for sale (hereinafter referred to as "The Products") by the Seller on the website https://www.pomelyne.com. The Products offered for sale on the website include, but are not limited to:

Reproductions of original and non-original works, products derived from said works.

The main characteristics of the Products, in particular specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website https://www.pomelyne.com, of which the client must become familiar before ordering.

The selection and purchase of a Product are the sole responsibility of the Client.

Product offers are subject to availability, as specified when placing the order.

These GTS can be accessed at any time on the website https://pomelyne.com/policies/terms-of-sale and will prevail over any other documentation.

The Client declares having read and accepted these GTS by finalizing the online ordering procedure on the website https://www.pomelyne.com

Unless proven otherwise, the data recorded in the Seller's computer system constitutes evidence of all transactions concluded with the Client.

The Seller's contact details are as follows:

Pomelyne Email: support@pomelyne.com

In case of an order to a country other than mainland France, the Client is the importer of the concerned Product(s) and undertakes to comply with all applicable customs regulations.

For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding import duties and taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be borne by and are the sole responsibility of the Client.

ARTICLE 2 - PRICES

The Products are supplied at the rates in effect displayed on the website https://pomelyne.com, at the time the order is registered by the Seller. Prices are expressed in Euros and inclusive of all taxes (TTC).

The rates take into account any discounts that would be granted by the Seller on the website https://www.pomelyne.com.

These rates are firm and non-revisable during their period of validity. However, the Seller reserves the right, outside of this validity period, to modify the prices at any time.

The prices do not include the costs of processing, shipping, transportation, and delivery, which are billed additionally, under the conditions indicated on the website and calculated prior to the placement of the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.

An invoice is prepared by the Seller and provided to the Client upon delivery of the ordered Products.

ARTICLE 3 - ORDERS

It is the Client's responsibility to select on the website https://www.pomelyne.com the Products they wish to order, according to the following terms:

The client chooses one or several Products to place in their cart, which they can remove or modify before confirming their order.

The client will then input their details and confirm the delivery. After the validation of this information, the order will be considered definitive and will require payment by the Client under the stipulated terms.

Product offers are valid as long as they are visible on the website, subject to stock availability.

The sale will be considered valid only after the full payment of the price. It is up to the Client to verify the accuracy of the order and to report any errors immediately.

Any order placed on the website https://www.pomelyne.com constitutes the formation of a distance contract between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Client with whom, but not limited to, there exists a dispute related to the payment of a previous order.

Any cancellation of the order by the Client after its acceptance by the Seller will only be possible within 24 hours after the acceptance of the order by the Seller and as long as the handover to the carrier has not taken place (regardless of the provisions relating to the application or non-application of the legal right of withdrawal).

ARTICLE 4 - PAYMENT CONDITIONS

The price is paid via secure payment methods, in accordance with the following:

• Payment by credit card.

The price is payable in full by the Client on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider handling banking transactions on the website https://www.pomelyne.com.

Payments made by the Client will only be considered definitive after the Seller has effectively collected the amounts due. The Seller is not obligated to deliver the Products ordered by the Client if the Client does not pay the full price under the conditions indicated above.

ARTICLE 5 - Delivery

5.1 General Provisions Concerning Product Availability

Every order placed is contingent upon the availability of the product. In the unforeseen event that an item is not available for dispatch subsequent to an order being finalized, the party placing the order shall be duly informed. The entire amount paid for said order shall then be refunded to the customer through the initial method of payment employed during the transaction. Alternatively, with the explicit consent of the customer, we may endeavour to procure the product, with the intention to dispatch it upon its availability.


5.2 Estimated Timeframe for Delivery
Upon the finalization of an order, an approximation of the delivery timeframe will be conveyed to the client. It is imperative to comprehend that these are mere estimates, originating from the date of dispatch, not from the inception of the order. Barring extraordinary circumstances, our establishment endeavours to fulfil every order within 5-10 working days post the date of order confirmation. The actual delivery date is susceptible to variances based on carrier operational practices, precise location of delivery, the modality of delivery, and the nature of the items ordered.


5.3 Financial Implications of Shipping
Shipping expenses are meticulously calculated based on the cumulative weight of the order and the chosen method of delivery. To ascertain the precise cost, potential clients are advised to add the desired items to their cart, subsequently proceeding to the checkout page. Herein, the pertinent shipping fees shall be distinctly displayed. It is worth noting that additional charges might be levied for deliveries to remote locations or for items of significant weight or size. Any such surcharges shall be explicitly communicated on the checkout page.


5.4 Protocol for Items Damaged in Transit
In the unfortunate event that a client perceives any damage to the external packaging upon delivery, it is of paramount importance to immediately reach out to our customer service team at support@pomelyne.com


5.5 Stipulations Regarding Customs Duties and Import Taxes
It is imperative to be aware that international shipments might be subject to additional charges in the form of customs duties and import taxes, which are levied once the parcel reaches its specified destination. All associated costs pertaining to customs clearance, duties, and other applicable import charges shall be borne solely by you. pomelyne.com neither predicts nor has any control over these charges, and cannot provide estimations regarding the potential magnitude of such fees.

Furthermore, customs policies vary considerably from one country to another; hence, clients are strongly advised to get in touch with their local customs office for further information. It's also noteworthy to mention that when ordering from pomelyne.com, the customer is considered the importer of record and must thus comply with all laws and regulations of the country in which the goods are received.


ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Client will only be completed after the full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 - Return Policy

For Customers within the European Union (EU):

1. Right of Withdrawal: Customers residing within the European Union have the right to withdraw from a purchase contract without providing any reason within 14 days from the date of receipt of the item.

2. Conditions for Return: To be eligible for a return, your item must be unused, in the same condition you received it, and in its original packaging. Additionally, a receipt or proof of purchase must be included.

3. Refund Process: Once your return is received and inspected, we will notify you of the approval, partial approval or rejection of your refund. If approved, the refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.

For Customers Outside of the European Union:

1. Request for Return: Customers residing outside of the European Union wishing to return an item must contact us by email (support@pomelyne.com) to request a return. All returns from outside the EU are subject to approval on a case-by-case basis.

2. Conditions for Return: If your return request is approved, your item must be unused, in the same condition you received it, and in its original packaging. Additionally, a receipt or proof of purchase must be included.

3. Refund Process: Upon receipt and inspection of the returned item, we will notify you of the approval or rejection of your refund. If approved, the refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.

Shipping:
Customers are responsible for the shipping costs associated with returning items. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

 

ARTICLE 8 - Personal data

8.1 Introduction and Scope of the Policy
This Privacy Policy is designed to inform our users about the collection, processing, use, and protection of personal data implemented when using our site. It applies to all services offered by pomelyne.com, unless otherwise specified in a particular contractual context. By using our services, you acknowledge that you have read this Privacy Policy and consent to the use of your data in accordance with it. If you do not agree with the terms of this Policy, please refrain from using our services.


8.2 Data Collection and Nature
During your interactions with pomelyne.com, various categories of data may be gathered. This data can be provided directly by you, such as when you create an account or place an order, or automatically based on your interactions with our site. The personal data we may collect includes, but is not limited to, your name, email address, postal address, phone number, payment information, and purchase history. While browsing our site, data such as your browser type, pages visited, and other similar information may also be gathered for analysis and user experience enhancement purposes.


8.3 Purposes of Processing and Data Usage
The personal data gathered from our users serves multiple purposes. Primarily, it ensures the proper functioning and optimization of pomelyne.com. This information is vital for processing and fulfilling your orders, administering your user account, responding to your inquiries or complaints, and offering you a tailored and smooth experience on our platform. Furthermore, with your explicit consent, we might utilize your data to send you newsletters, satisfaction surveys, promotional offers, or any other relevant communication. Be aware that you have the right to withdraw this consent at any time by contacting us or by following the unsubscribe links in our communications.


8.4 Data Transmission and Disclosure
We are committed to preserving the confidentiality of your personal data. However, it may be necessary to share certain information with our trusted partners to ensure the proper delivery of our services. These partners, such as logistics providers, payment solutions, or customer relationship management systems, are subject to strict confidentiality obligations and can only use your data within the strict framework of the services they provide for us. We strictly prohibit the sale, rent, or exchange of your personal information to third parties for commercial purposes. Any other disclosure to third parties will only be made if it is required by law or by a judicial decision.

8.5 Security Measures
Protecting your data is a priority for pomelyne.com. We have implemented robust technical and organizational security measures to ensure the integrity, confidentiality, and security of your information. This includes encryption mechanisms, security protocols, and regular training for our teams. Despite these efforts, we cannot guarantee absolute security against all threats, but we commit to acting diligently in the event of a breach or suspicion of a breach of your data.

8.6 Your Data Rights
As a user of pomelyne.com, you have specific rights concerning your personal data. These rights include accessing your information, correcting it if it's erroneous, erasing it, as well as the ability to limit or object to its processing. To exercise any of these rights, or for any questions about your data, you can contact us at support@pomelyne.com. We will strive to respond to your request promptly and in accordance with the applicable legislation.


8.7 Updates and Amendments
pomelyne.com reserves the right to update or modify this Privacy Policy at any given time, reflecting legislative, regulatory, or operational changes. Any amendment made will be clearly indicated on our site, and, in case of significant changes, a notification will be sent to our registered users. We encourage you to review this page regularly to stay informed about how we protect your data.

 

ARTICLE 9 - Intellectual Property

9.1 Protected Content:
All content of the Site [nameofsite.com], including but not limited to, text, graphics, images, logos, icons, sounds, videos, and interfaces, as well as their layout and assembly, is the exclusive property of [nameofsite.com] and is protected by French and international copyright and intellectual property laws.

9.2 Trademarks: The logos, icons, distinctive signs, and trade names on the Site are protected by trademark and intellectual property laws. Any use, reproduction, distribution, or representation of these trademarks without the explicit written permission of [nameofsite.com] is prohibited.

9.3 Unauthorized Use: It is strictly forbidden to use, reproduce, modify, adapt, translate, transfer, distribute, download, transmit, or sell any part of this content, in any form or by any means, without the prior written permission of [nameofsite.com].

9.4 Legal Action: [nameofsite.com] reserves the right to take any legal action necessary in case of violation of its intellectual property rights, including but not limited to civil and criminal actions.

 

ARTICLE 11 - APPLICABLE LAW

These GTS and the resulting transactions are governed by and subject to French law.

ARTICLE 12 - DISPUTES

For any complaints, please contact the customer service at the email address of the Seller as indicated in ARTICLE 1 of these GTS.

The customers within European Union (EU) is informed that they may, in any case, resort to conventional mediation, with existing sectoral mediation bodies or any other alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The Client is also informed that they can use the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

All disputes arising from purchase and sale transactions concluded in accordance with these GTS and which have not been amicably settled between the seller or through mediation, will be submitted to the competent french courts under common law conditions.