These general terms and conditions of sale concern any purchase that the Customer makes as a physical person on the website, www.pourchet-paris.com, with Pourchet SARL, a limited liability company with capital of 100,000 euros, registered in the Paris trade register under number B 483 070 850, whose head office is located at 226, rue Saint-Martin 75003 Paris.
Telephone number: +33 1 42 78 80 10
E-mail address: firstname.lastname@example.org
Unique VAT identification number: FR 67 483 070 850
These general terms and conditions govern the sale by Pourchet to its Customers of Pourchet products available on the Site, that the Customer orders on the said Site, pays for and that are delivered to him or her. These general terms and conditions of sale apply to all of the orders made on the website, www.pourchet-paris.com.
Pourchet does not sell products that do not appear on the Site online.
The Customer is informed and acknowledges that the Site is intended for consumers and that business clients must contact Pourchet’s sales department to benefit from different contractual terms and conditions.
II. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The Customer must read the General Terms and Conditions carefully and accept them before paying for a product order placed on the Site. The General Terms and Conditions can be accessed at the bottom of each page through a link and must be read before an order is confirmed. The Customer is invited to carefully read, download and print the General Terms and Conditions and to keep a copy of them.
Pourchet advises the Customer to read the General Terms and Conditions whenever he or she places an order as the latest version of the said General Terms and Conditions applies to each new product order.
By confirming the order, the Customer acknowledges that he has read, understood and accepted the General Terms and Conditions without limitation or conditions.
The Pourchet brand belongs to the company, Pourchet SARL, which manages all of the rights and assumes all of the commitments associated with the brand. Consequently, any mention of Pourchet refers to the company, Pourchet SARL, which reserves the right to adapt or change these general terms and conditions of sale at any time.
III. CHARACTERISTICS OF PRODUCTS OFFERED FOR SALE
The products offered for sale are those that appear on Pourchet’s E-shop website. These products are offered while stocks last. Each product is accompanied by a description drafted by Pourchet. The photographs of the products are as accurate as possible but cannot ensure complete similarity with the product offered, particularly with regards to the colours.
IV. GEOGRAPHIC AREA
The online sale of products shown on the Site is restricted to buyers who live in mainland France or Corsica.
The prices that are shown on the Site include all taxes, are in euros and include the VAT applicable on the day of the order. Any change to the rate of VAT may be reflected in the price of the products. Pourchet reserves the right to change the prices shown on the Site,
www.pourchet-paris.com, at any time, but undertakes to apply the prices on display at the time the Customer places an order, subject to the availability of items on the date of the order.
VI. CUSTOMER ACCOUNT - PLACING AN ORDER
To be able to purchase a product on the Site, the Customer must be an adult and have legal capacity.
6.1. Customer account
A new Customer will be invited to open a customer account on the Site by completing the registration form available on the Site. The sign (*) indicates the mandatory fields that have to be completed so that Pourchet can process the Customer’s order. Before opening an account, the Customer has to read and accept Pourchet’s general terms and conditions of use, available at the bottom of each page on the Site through a hypertext link.
During the registration process, the Customer may agree to receive the promotions and offers of Pourchet, and those of its partners, by ticking the relevant box.
Once registered, the Customer can track his order free of charge, at any time, by checking his account on the Site. The Customer can thereby verify the status of the order and see whether the order has been shipped and delivered. Deliveries are tracked through the carrier’s online tracking tool.
The Customer may also contact Pourchet’s E-shop sales department at any time by E-mail, at email@example.com, in order to obtain information on the status of the order.
The information provided by the Customer to Pourchet when opening the customer account or when making an order must be complete, accurate and up to date. Pourchet reserves the right to ask the Customer to confirm, through any appropriate means, his identity, eligibility and the information provided.
6.2. Order process
The Customer places an order on the Site, www.pourchet-paris.com. To purchase one or more products, he must respect the following order process:
- Select items and add to basket
- Validate the basket’s content
- Log into the Site or register through the registration form on which he must enter all mandatory contact details
- Select delivery method
- Select payment method and accept the General Terms and Conditions of Sale
- Confirm payment
The Customer will receive an order confirmation E-mail.
The Customer will be able to view, during the order process, the breakdown of his order as well as the total price, and correct any errors before confirming the order to express his acceptance.
Pourchet retains title of the items until the order is settled in full, namely, until Pourchet has received payment of the price of the order.
Pourchet reserves the right to cancel or refuse any order from a customer with whom there is a dispute concerning the payment of a previous order. By placing an order, the buyer accepts the price and description of the items on sale.
Pourchet shall honour orders received on the Site only within the limits of the stock available.
By making a purchase, the buyer accepts these General Terms and Conditions of Sale.
Pursuant to article 1348 of the civil code, the filing of orders is made on a reliable and sustainable device in order to maintain a true and lasting copy.
VII. PAYMENT METHODS AND SECURITY
7.1. Payment methods
The buyer can pay for the order:
- by bank card (Visa, CB, Mastercard)
- through PayPal, which is a secure method of payment.
If the buyer pays with a bank card, he will be redirected to the secure site of the bank, CIC, on which the payment will be made. This means that no banking information concerning the buyer passes through the Site, www.pourchet-paris.com. Payment by bank card is therefore completely secure.
If the Customer wishes to pay through PayPal, he will be redirected to the PayPal site, which is secure, to make the payment.
The Customer guarantees Pourchet that he is fully authorised to use the method of payment chosen.
By providing his credit card number, the Customer authorises the Site’s bank to debit the order’s total amount (taxes and delivery costs included, if applicable).
Pourchet will take all of the measures necessary to guarantee the security and confidentiality of the data transmitted online as part of the Site’s online payment process. All payment-related information provided on the Site is sent to the Site’s bank or to the secure PayPal site and is not processed on the Site. Pourchet does not collect, keep or process the Customer’s banking details.
Your order will therefore be recorded and validated as soon as the bank, CIC, accepts the payment.
The details of your credit card are encrypted thanks to the SSL protocol (Secure Sockets Layer) and are never transmitted in plain text on the network.
Payment is made directly to the bank, CIC.
Under no circumstances does Pourchet have access to these details or keep them on its servers. Consequently, you are asked to provide them whenever you make a transaction on our site.
7.3. Default on payment
Pourchet reserves the right to refuse to make a delivery or to honour an order from a customer with whom there is an ongoing dispute concerning payment.
7.4. Fraud checks
Pourchet checks all of the orders that are validated on its Site. These checks aim to protect Pourchet from any improper practices carried out by fraudsters.
As part of this process, the company may have to ask you to provide any items necessary to unblock your order: proof of address and proof of method of payment in your name, etc.
These requests are made by E-mail.
7.5. Confidentiality clause regarding payments made through PayPal E-Terminal
We do not keep data regarding our customers’ bank cards after the payment has been made.
VIII. DELIVERY METHODS
There is a flat-rate fee borne by the buyer for the preparation and shipment of the order, namely: €8,90 in the case of So-Colissimo La Poste and €16,90 in the case of Chronopost.
If sent by tracked delivery with La Poste (So-Colissimo), the parcel takes two to seven working days to arrive. By Chronopost, it takes one to three days.
8.1. General points
The product(s) ordered is/are delivered to the delivery address that the Customer entered during the order process. The lead times specified are average lead times and correspond to the order’s processing, preparation and delivery times.
The product(s) ordered is/are delivered to the address that the Customer entered during the order process. We are not responsible for delivery delays caused by an incorrect or incomplete address provided by the Customer. For deliveries by La Poste, if the recipient is absent when our carrier calls at the address, the parcel shall be left at a post office close to the delivery address. In this case, a delivery notification slip will be left for the Customer so that he can collect the parcel within a given period of time. After this period of time, any unclaimed parcels will be returned to us. We are not responsible for the delivery delays caused by the absence of the parcel's recipient or the failure to collect the parcel within the period of time provided.
Carriage-related risks are covered by the seller under the condition that the buyer checks the goods on receipt and advises the carrier within 72 hours (excluding bank holidays) of any problem, even if the delivery is prepaid.
If a parcel is excessively damaged, the buyer must refuse it.
In the event a parcel is lost during carriage, enquiries may take between one and three weeks.
8.3. Delivery lead times
For all of the products, delivery may take between two and seven working days (subject to the availability of stock) as from the confirmation of the order by our Sales Department.
The Customer shall be informed of the order’s confirmation by E-mail, when the invoice is received.
This delivery lead time is an average lead time and depends on the destination and availability of the product. Failure to meet these lead times cannot give rise to the cancellation of the order, a reduction in the price paid by the buyer or a payment to cover damages, as long as the Customer's order is delivered within ten working days of the order’s confirmation.
8.4. Order tracking
Once the Customer has chosen and confirmed the method of payment, a summary of the order is sent automatically by E-Mail to the Customer. The order is then processed immediately.
The Customer will receive an invoice that provides a summary of his order by E-mail.
8.5. Content of the invoice
The invoice contains the following information:
- The order number;
- The number, date and value of the banking transaction (your bank details are not shown);
- A detailed and exhaustive list of the products;
- The shipment method and costs.
We advise the Customer to keep and print this document, which serves as official proof of his order.
If you wish to track your order, go to the “my orders” tab or contact our E-shop Customer Services department:
- By E-mail: firstname.lastname@example.org
- By post:
Service clients « Pourchet – E-shop »
226 rue Saint-Martin
- In general, all of the parcels are sent through La Poste (“tracked Colissimo” service) for a flat fee of €8,90 depending on the delivery cost of each order.
- However, Pourchet reserves the right to choose another method of shipment in light of the lead time, weight and value of the order. Pourchet’s decision to choose another method of shipment shall not affect in any way the buyer’s flat-fee contribution to the shipment costs (€8,90 depending on the delivery cost).
- A Pourchet invoice is attached to the parcel.
- We advise the Customer to keep this invoice as proof of delivery.
- The Customer must check the compliance of the goods at the time of delivery before signing the delivery receipt (from La Poste). The Customer must write down any reservations on the delivery slip (parcel refused as it is open or damaged), sign the slip and specify any anomaly concerning the delivery (damaged product, missing item, etc.). This check is considered to be performed as soon as the buyer, or a person authorised by the buyer, signs the delivery receipt.
- The Customer will also have to confirm his reservations by sending a registered letter to the carrier within at least 72 hours (excluding bank holidays) of receipt of the item(s) and send a copy of this letter to:
Service clients « Pourchet – E-shop »
226 rue Saint-Martin
- Delivery is made by handing the product over directly to the specified recipient and obtaining a signature to confirm receipt from the identified recipient at the time of each delivery. The Customer must ensure that the recipient is available during the delivery times foreseen.
- In the event of an incomplete address, an incorrect address, refusal of the recipient to accept the package or lack of information making it impossible to deliver the item (or items) to the recipient on time, Pourchet, the owner of the site, pourchet-paris.com, cannot be held responsible for the final quality of this delivery. If a lack of information results in a second delivery to the recipient, Pourchet will be entitled to ask the customer to bear the corresponding costs of the second delivery.
- In the event the recipient is absent at the time of delivery, if the delivery is made by La Poste, the postman shall leave a delivery notification slip in the recipient’s letterbox. The recipient will then have to collect the parcel at the address specified on the notification slip (post office).
- A delivery is considered to be late due to any cause other than a case of force majeure (unavailability of the Internet network, war, riot, fire, strike, accident, storm, etc.).
In any event, an on-time delivery can only be made if the buyer is up to date with his obligations to the seller.
- We kindly ask our customers never to accept a damaged parcel without making their reservations known when signing the delivery receipt. By signing the delivery receipt, the recipient confirms that La Poste has delivered the product correctly. If no reservations are made at the time of delivery or if the parcel is not refused, no claim regarding the condition of the delivered parcel will be admissible.
Pourchet will not be held liable for breach of contract due to unforeseeable circumstances, force majeure, partial or total strikes or disturbances, particularly of postal and transport and/or communications services, flooding, fire, etc.
If an order or a part of an order is not delivered, the Customer will have a maximum of 40 days (as from the date of the order) to notify the seller. After this period of time, we shall not accept any claim.
We are not responsible for any “screen/reality” colour difference.
Finally, we are not responsible for any order that is placed by a minor, regardless of whether or not the parents authorised the order.
X. WARRANTY - RIGHT OF WITHDRAWAL AND RETURN - AFTER-SALES SERVICE
The items on sale comply with the regulations in place. They benefit from Pourchet’s know-how and quality.
Consequently, they are guaranteed against defects resulting from faulty workmanship. If such a fault should occur, Pourchet shall repair the item for free or replace it. If replaced, the faulty item will not be returned to the customer.
Pourchet does not cover normal wear and tear, accidental damage or damage caused by the use of a solvent or the abnormal use of the item.
In the event of faulty workmanship, we invite the Customer to immediately contact the E-Shop Customer Services department: email@example.com. This department, following verification, will inform the Customer how the product(s) should be returned.
10.2. Right of withdrawal and returns
A priori, this paragraph shall not change insofar as the plugin installed only lets you generate and send the return ticket to the customer; it will be possible to send the return ticket directly to the customer by E-mail.
The Customer has 14 clear days as from the delivery to return the product(s) ordered to us for exchange or for a credit note, in compliance with the provisions laid down by the law.
The Customer only has to contact our E-Shop Customer Services department by E-mail: firstname.lastname@example.org.
Following verification and validation by our Department, Pourchet will send the Customer a prepaid “Colissimo return label” by E-mail. The Customer will then have to use this “label” to return the item. However, the shipment costs incurred to return the product are borne by the Customer, as stated in article L.121-20 of the consumer code. The shipment costs connected to the product’s return and advanced by Pourchet will be deducted from the credit note.
The product will have to be returned new, with the original labels still attached to the item, in its original packaging, and neither stained nor washed.
The goods must be returned to us in their original packaging and in perfect condition so that the goods can be sold as new. The Customer is entitled to open the packages and to try on the products insofar as this does not render the goods unsuitable for sale.
A new product is a product that has never been worn.
If the Customer exercises his right of withdrawal within the period of time foreseen, the price of the returned products shall be reimbursed in full in the form of a credit note that is valid for three months.
The goods shall be returned at the buyer’s cost and risk.
The Customer will have to attach to the return shipment: a copy of the purchase invoice (attached at the time of delivery).
Items that are returned incomplete, broken, damaged or dirty by the Customer shall not be accepted.
All items are subject to the legal guarantee foreseen by articles 1641 et seq. of the civil code.
10.3. After-Sales Service
Pourchet's After-Sales Service Department is entrusted with carrying out wear repairs on Pourchet items, as well as repairs attributable to faulty workmanship.
To contact our After-Sales Service Department, we invite Customers to contact us, preferably, by E-mail: email@example.com.
The item will be sent to our workshop, which will make a decision:
- In the case of faulty workmanship observed and confirmed by our workshop, we will repair the item free of charge or replace it with a new item of equivalent value.
- In the case of used items, there will be a charge for the repair. A quotation will be submitted to the Customer if the damage observed was caused by the Customer or a third party.
- The item will not be repaired if is too worn. It will then be returned to the Customer as it is.
XI. IT PROVISIONS AND LIBERTIES
The user is informed that this automated data processing operation, particularly the management of user E-mail addresses, has been filed with the French data protection agency (CNIL) under number 1717409v0. In accordance with the law of 6 January 1978, the buyer has the right to access, change, correct and delete his personal data at any time (article 34 of the “Computers and liberties” law of 6 January 1978).
Pourchet may, for commercial reasons, send to a business partner the identity and contact information of service users.
The user may expressly object to the disclosure of his contact details. To do so, the user only has to make his objection known when completing the contact form on the Site, www.pourchet-paris.com.
You can also submit this request to our Customer Services Department:
- By E-mail: firstname.lastname@example.org
- By post:
Service clients « Pourchet – E-shop »
226 rue Saint-Martin
XII. INTELLECTUAL PROPERTY
Intellectual property rights on the Site and all of the items that make up the Site (brands, models, copyright, domain names, etc.) are owned by or exclusively used by Pourchet. Reproduction in whole or part of the Site, without Pourchet’s express agreement, is forbidden, except for your own personal, private and non-commercial use.
XIII. APPLICABLE LAW - DISPUTES
These General Terms and Conditions of Sale, the order and all resulting acts are governed by French law. In the event of a dispute and if no amicable agreement is reached, French courts shall have sole jurisdiction.
We reserve the right to adapt or modify these General Terms and Conditions of Sale at any time and without notice. In this case, the adaptations or modifications will be applicable to all of the orders that are placed as from the publication of the modified General Terms and Conditions of Sale on the site on which the Customer makes his purchase.
These General Terms and Conditions of Sale as well as the prices of the products sold on the Site, www.pourchet-paris.com, are expressly accepted by the buyer, who states and acknowledges that he is familiar with them and therefore renounces any recourse to any contradictory document. The act of making a purchase implies acceptance of these General Terms and Conditions.