General Terms of Sale

1 – Scope and acceptance of general terms of sale

The POMONE e-Boutique (hereinafter referred to as the “Site”) is an e-commerce site accessible via the Internet network at the address www.pomone-beaute.com. It is open to any user of the network (hereinafter referred to as “User”). It is published by the private limited company POMONE SAS, the registered office of which is at 27, rue des Meuniers – Bâtiment B - 75012 Paris – France, and which is registered with the Paris Register of Companies and Commerce under number 523 617 603, and the intracommunity VAT of which is FR 95 523 617 603.

The Site is hosted by the private limited company HOSTEUR SARL, the capital of which is 50 000 €, which is registered with the Marseille Register of Companies and Commerce under number 445 005 812, and the intracommunity VAT of which is FR46 445 005 812 and the registered office of which is at 2, avenue des déportés - 13100 Aix en Provence - France. The internet site of HOSTEUR company is www.hosteur.com.

The Site enables POMONE to offer cosmetic products (hereinafter referred to as “Products”) for sale to Users browsing on the Site. Under these Terms of Sale, it is agreed that a User that has confirmed an order shall then be referred to as the “Customer”. The rights and obligations of the User shall automatically apply to the Customer.

Any order of Products offered on the Site implies consultation and express acceptance of these General Terms of Sale, without this acceptance however being subject to the handwritten signature of the User.

POMONE reserves the right to change these General Terms of Sale without notice and at any time, with any modifications not applying to reservations and orders already accepted and confirmed by the Customer. These Terms of Sale shall apply to the exclusion of any other document.

These Terms of Sale shall apply to the exclusion of any other document.

2 – Products sold on the Site

The Products offered for sale by POMONE are those shown on the Website on the day and date on which the User logs onto the Website and while stocks last.

Prior to placing an order, the Customer may check the main features of any product or products they wish to order, by consulting the Site.

3 – Prices of products for sale on the Site

The prices shown on this Site are in euros including all taxes. POMONE reserves the right, which the User hereby accepts, to modify its prices at any time but the Products will be invoiced on the basis of the prices in effect at the time the order is registered, subject nonetheless to availability of the said Products.

Prices do not include shipping charges, which are invoiced in addition to the price of the purchased products, according to the total amount of the order. Shipping charges will be shown before the Customer is asked to confirm the order.

4 – Orders

All orders imply full and unreserved acceptance of these Terms of Sale.

No order may exceed the sum of one thousand euro.

When the order is confirmed by clicking on the “Complete my order” button, the Customer declares that he accepts the order, together with these General Terms of Sale. A summary of the order can be printed.

Once the order has been registered, a detailed acknowledgement of the order is sent to the Customer at the e-mail address provided.

This acknowledgement specifies the exact amount invoiced and details of delivery.

This acknowledgement implies acceptance of the order and confirms the transaction, subject to order payment.

In the event of one or more products being unavailable once the order has been placed, the Customer will be notified by e-mail. The amount of the order will be recalculated and the Customer will be debited the new amount, with the price of the unavailable products deducted. If the whole order is unavailable, the Customer will be notified by e-mail and will not be debited.

POMONE does however reserves the right to suspend or cancel any order placed by a Customer with whom a dispute exists regarding the payment of a previous order, or for any other legitimate reason, in particular related to the unusual nature of the order.

5 – Payments

To pay his order, the Customer can use the following methods of payment: bank card, store card and PayPal account.

The Customer guarantees POMONE that he has been granted any authorizations required to use his chosen method of payment, when registering the purchase order.

In the event of non-payment of any amount owed by the Customer, or of any adverse payment circumstances, POMONE reserves the right to suspend or cancel any order and/or delivery, whatever their nature or state of progress.

Charges on any unpaid amount will be automatically incurred at the legal interest rate plus 5 percent following a period of ten days from the invoice date.

As part of the measures taken to prevent fraud over the Internet, information related to the Customer’s order may be sent to any competent authority for verification.

6 – Order delivery

The products will be delivered to the address provided by the Customer when placing his order, according to the selected method of delivery.

Orders will be delivered no later than 30 days as from reception of the order, subject to full payment of the price.

On receipt of the Products ordered, the Customer must check the Products are compliant. The Customer must report any discrepancy relating to delivery (missing or broken items, damaged parcel, ...) the same day or no later than the first working day following arrival of the goods, must also inform POMONE, by e-mail to contact@pomone-beaute.com or by phone +33 (0)6 70 28 57 76. No claim made after this period will be accepted and POMONE shall not be held liable in respect thereof.

7 – Right of withdrawal

The Customer has a period of 7 clear days as from the date of reception, to return the ordered products at his own expense for reimbursement.

The reimbursement will be made by any method of payment that the Customer has chosen after exercising his right of withdrawal, no later than 30 days following the date on which the right was exercised

Whatever the reason for returning products to POMONE, the Customer is advised to use the original packaging to return the products, fill in and attach the Return Form to be separated from the Delivery Slip, send the parcel to the following address: 27, rue des Meuniers – Bâtiment B - 75012 Paris - France.

Any risk related to the return of products is borne by the Customer.

8 – Retention of title

All products remain the exclusive property of POMONE until such a time as payment of the sale price, including the principal, extra costs and taxes has been made in full.

9 – Liability

POMONE cannot be held liable for non-fulfilment of contracts due to stock shortagesor in the event of product unavailability due to force majeure.

POMONE accepts no liability for :

  • any interruption to the Site,
  • any incidences involving bugs,
  • any damage resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Site,
  • more generally, any direct or indirect damage, whatever the cause, origin, nature or consequences, including in particular any loss of profit, customers, data or any other loss of intangible goods that may occur as a result of the access by any person to the Site or the impossibility of accessing the Site or any credit accorded to any information directly or indirectly coming from it.

10 – Intellectual property

The Site is an intellectual work protected by intellectual property law. The Site and each of its component elements (such as brands, logos, photographs, images, illustrations, texts …) are the exclusive property of POMONE, which alone is authorized to make use of the related intellectual property rights and personality rights, and which does not grant any license nor any other right except for the right to visit the site.

Reproduction of any document published on the site is allowed for information purposes only, for strictly private, personal use.

Any reproduction or representation of the site, whether total or partial, or of any of its component elements, on any type of support and in any form whatsoever, for other purposes, and notably for commercial use, is expressly forbidden.

Hypertext links to the Site may only be created with prior written authorization from POMONE. POMONE declines all liability concerning the contents, advertising, products, or services available on or through sites that are linked to its Site.

All requests for authorization must be sent to the following address: POMONE – 27, rue des Meuniers – Bâtiment B – 75012 Paris – France.

Unauthorized use of any kind constitutes an infringement giving rise to penal sanctions.

11- Applicable law

The sales of POMONE products are subject to French law, whatever the country of residence of the Customer and the place of signing of the order.

12- Data processing and Civil liberties

The data collected will be processed for the purpose of processing the Customer’s order and sending out a newsletter.

The recipients of the data are POMONE and its service providers.

The Customer has the right to access, change, correct and delete personal information concerning them by contacting POMONE by writing to : POMONE – 27, rue des Meuniers – Bâtiment B - 75012 Paris – France or sending an e-mail to : @pomone-beaute.com.

The Site is registered with the CNIL (National commission for information technology and civil liberties).