Article 1: Preamble
The shop
The online store of the website www.pomdapi.fr has been set up by the company Shoemakers which is its operator, below called the company. Any order validated by the consumer within the Pomdapi.fr store implies the prior acceptance of these General Conditions.
Validity of the order
The consumer acknowledges being perfectly informed of the fact that his agreement concerning the content of these General Conditions does not require a handwritten signature, insofar as the consumer orders online the products presented there. The consumer declares that he has full legal capacity allowing him to commit to these general conditions of sale.
Application of General Conditions of Sale
The consumer has the option of safeguarding or publishing these general conditions, it being specified that both the safeguard and the publishing of this document fall under his sole responsibility, these said conditions being likely to be modified by the company. In this case, the applicable conditions will be those in force on the site during the validation of the order by the consumer.
Contractual information
The online store set up by the company as part of its website mentions the following information
- Legal notice allowing precise identification of the company
- Presentation of the essential characteristics of the proposed goods
- Indication, in euros (including tax) of the price of goods and if necessary, participation in shipping and packaging costs
- Indication of payment and delivery methods
- the existence of a right of withdrawal
- The validity duration of the offer
All information on www.pomdapi.fr is presented in French and English language.
Electronic signature validity
In accordance with the law of March 13, 2000 on the electronic signature, any consumer -signed order form by "double validation click" constitutes an irrevocable acceptance which can only be called into question in the events provided for in these general conditions of sale.
The "double click" associated with the authentication, non -repudiation and protection procedure for the integrity of the messages constitutes an electronic signature. This electronic signature has handwritten signature value between the parties.
Proof of transaction
Computerized registers, kept in Company's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
Article 2: Products
Information
The company presents on its website the products for sale as well as their descriptions allowing to respect article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking the final order the essential characteristics products he wants to buy.
Price / VAT
The prices of the site are indicated in euros all taxes included (TTC). They are applicable during the validation of the order by the consumer for delivery in a territory of the European Union and do not include participation in shipping costs, billed in addition, and indicated before the final validation of the order form .
Prices are subject to French T.V.A. and any change in the legal rate of this T.V.A will be implicitly passed on to the price of products presented on the site www.pomdapi.fr, on the date stipulated by the application decree referring to it.
Validity of product offers
The offers presented by www.pomdapi.fr are only valid within the limits of available stocks. The company reserves the right to modify the assortment of products, their availability deadlines and their prices.
Compliance of product offers
The products offered comply with the French legislation in force and the standards applicable in France. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, the responsibility of the company cannot be engaged in the event of an error or omission in one of these photographs, texts or graphics, information or characteristics of the products.
Article 3: Order
Confirmation of the order
Contractual information will be confirmed by email.
Non -performance of the order
The Company cannot be held responsible for the non -performance of the contract concluded in the event of stock shortage or unavailability of the product, force majeure, disruption, total or partial strike, in particular postal and means of transport and/or communications services , flood, fire.
In the event of unavailability of the product ordered the consumer will be informed as soon as possible and will have the possibility of modifying or canceling their order. The consumer will then have the choice to request either the reimbursement of the sums collected (intervening within 30 days at the latest depending on the date of cancellation of the order), or if necessary, an exchange of product, in agreement with the company. If the new order is in a higher amount, the consumer will have to pay the payment of the bullshit. Conversely, if the amount of the exchange is less than the initial amount, the consumer will receive the reimbursement of the difference.
In the event of an impossibility of exchange, the company reserves the right to cancel the consumer's order and to reimburse them the sums collected.
Bonds of the reseller
The Company undertakes to inform the consumer of any change in his order relating to the deadline, price, characteristics, in order to leave the latter the decision to modify his order accordingly.
Warnings / Advice
The company recommends that the consumer keep a trace of the data relating to their order on paper or reliable computer support until the final resolution of its order.
3.2. Anti-fraud checks: Impacts when ordering?
In order to ensure the safety of transactions and to respond to the concern for the greatest number to prevent fraud in distance selling, we carry out random checks on ordering.
As part of a random control, we invite you by email to transmit proof of domicile and/or identity (the aim being to ensure the reality of identity and domiciliation for example an EDF receipt , a telephone bill, and an identity document) for the perfection of the order.
In the absence of proof or if the documents addressed do not make it possible to ensure the identity of the author of the order and the reality of domiciliation, we would be obliged to cancel the order to guarantee the security online transactions and refund this same order.
Article 4: Payment
The payment of the order will take place exclusively by bank card during the final validation of the order form through a secure site. No bank card number is kept in the company's files.
The company reserves the right to suspend any order management or any delivery in the event of refusal of payment authorization from financial organizations.
The company has implemented a procedure for verifying orders intended to ensure that no person uses the banking contact details of another person without their knowledge. However, the consumer remains informed that the company cannot be held responsible for any embezzlement or fraudulent use of any means of payment which would not have been detected by the verification procedure.
Article 5: Delivery
Restrictions
Deliveries are made only:
- In mainland France, Monaco + Corsica
- In one of the countries belonging to the European Union, to date: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain (excluding Canaries, Ceuta y Melilla), Estonia, Finland, Greece, Hungary , Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Slovakia, Slovenia, Sweden.
-In the United Kingdom (excluding Anglo-Norman Islands)
- in Switzerland
- In the United States
- in Canada
- In Israel
- in the United Arab Emirates
- in Australia
The DOM-TOM The countries not listed above are not delivered.
Terms
The products will be delivered by:
- Metropolitan France + Corsica: by Colissimo followed
- Country belonging to the European Union: by standard UPS.
- country outside the European Union: by UPS Express Saver.
The company reminds the consumer that he is required to ensure that he has mentioned all the information useful for the delivery of his order and in particular the compulsory telephone number to which he can be attached.
The latter cannot be held responsible for possible entry errors and the consequences that would result from it such as a delay and/or a delivery error. In this context, all the costs incurred for the re -exposition of the order will be fully borne by the consumer.
Any open and/or damaged package, accepted or not on delivery, must be accompanied by "handwritten reserves". These must be notified on the delivery slip by the consumer, who will also have to inform by mail the service provider and the company within two (2) working days depending on delivery.
Warnings / Advice
Only the damage and anomalies mentioned in the reserves issued by the consumer will be taken into account in the resolution of the dispute by the transport provider.
The company recalls that in the event of a delivery problem, the consumer must imperatively keep all the elements received as it is (including packaging and outline) until the complete resolution of his file.
Any breach of the rules defined above can cause the refusal to take care of the dispute by the transport provider.
We advise you to check your delivery address when summarizing the order. In the event of an error on the delivery address, the shipping costs for a new shipment will be borne by the consumer.
Article 6: Reception
Terms
The consumer must formulate with the company, within two working days of the date of receipt of the package, any claim of delivery error and/or non -compliance of products in kind or in quality compared to the indications appearing on the right order. Any complaint made beyond this period will be rejected without the possibility of recourse for the consumer and will release the company from any responsibility towards the consumer.
Delivery errors
As part of a delivery which would not be intended for him, the consumer is required to keep the package (s) as it is and to inform them according to the terms, the company's customer service (see "contact us" ).
Non-compliance products
In the event of a non -compliant product, the consumer may make this complaint according to the terms, with the company's customer service (see "contact us").
The company will make every effort to regularize the problem encountered by the consumer as soon as possible. In these specific cases and insofar as the error emanates from its services, the company will take care of the return of this product (s) by the mode of transport of its choice.
Warnings / Advice
The consumer is informed that certain documents related to (x) packages can be claimed and must therefore remain in possession of all the elements received (including packaging) until the complete resolution of his complaint.
Article 7: Right of withdrawal
Generalness
The company grants the consumer a withdrawal period of fourteen (14) days to return the products that do not suit him. This period runs from the date of delivery of the product to the consumer. This right of withdrawal is exercised without penalty, with the exception of the shipping and return costs which remain the responsibility of the consumer (unless proven error on the part of www.pomdapi.fr).
The procedure described in the "article 8: returns" is applied for the referral of the goods.
In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the reimbursement of the sums collected, or an exchange of an amount equivalent to the sums paid or, if necessary, with a bank supplement.
In the event of the exercise of the right of withdrawal, the company will make every effort to reimburse the consumer within 15 days of receipt of the return. The consumer will then be reimbursed by re-credit system (secure transaction) in the event of payment by bank card.
Article 8: Returns
Terms
Any return must be reported beforehand to the company's customer service (see "contact us") which will provide a return number.
Any product must be returned to the company, in new condition and specific to resale. Any product that would have been damaged, which would be incomplete, or whose original packaging would be deteriorated or absent, will not be taken up.
In all cases, the return remains at the expense and at the consumer's risks.
Any return must be sent to the company in the fourteen (14) working days according to the return agreement and delivered in its entirety in its original packaging and in perfect condition, to the address of the company.
The return number granted must visibly appear on the return packaging and the return voucher must be printed and slipped inside the package.
No shipment in counter-reimbursement will be accepted, whatever the reason.
In the absence of compliance with the procedures mentioned above, no complaint for non-compliance or apparent vice of the products delivered can be accepted.