Shipping policy

Poécile Shipping Policy

Effective as of 11/06/2021

ARTICLE 1. PURPOSE

This shipping policy aims to define the terms and conditions applicable to the shipment of a Product to the Customer by the Publisher.

ARTICLE 2. PARTIES

This shipping policy applies between Léa Chonier, sole proprietorship registered with the RCS of Clermont-Ferrand, France, on 02/18/2021.

Registration number: 894 231 034

Head office: 19 Rue de la Croix Rouge, 63550 Saint-Rémy sur Durolle, FR

Phone: +33641668703

Email: hello@poecile.fr

EU VAT number: FR04894231034

Hereinafter referred to as "the Publisher", and any individual or legal entity, under public or private law, registered on the Website to purchase a Product, hereinafter referred to as "the Customer".

ARTICLE 3. DEFINITIONS

“Customer”: Any individual or legal entity, under public or private law, registered on the Website.
“Website Content”: All types of content published on the Website, whether protected by intellectual property rights or not, such as texts, images, designs, layouts, videos, diagrams, structures, databases, or software.
“Publisher”: Léa Chonier, acting as the publisher of the Website.
“Internet User”: Any individual or legal entity, under public or private law, accessing the Website.
“Product”: Any goods sold on the Website by the Publisher to Customers.
“Website”: The website accessible at the URL Poécile, including any sub-sites, mirror sites, portals, and related URL variations.

ARTICLE 4. SCOPE OF APPLICATION

The Website is freely and publicly accessible. Browsing the Website implies full acceptance of this shipping policy by any Internet User. Simply accessing the Website, by any means including through a bot or browser, constitutes full and unconditional acceptance of this policy. Upon registering on the Website, acceptance is confirmed by ticking the appropriate checkbox.

By doing so, the Internet User acknowledges that they have fully read and accept this policy without limitation.

Ticking the checkbox shall be deemed equivalent to a handwritten signature by the Internet User. The Internet User acknowledges the evidential value of the Publisher's automated record systems and, unless proven otherwise, waives the right to contest them in case of a dispute.

This policy governs the relationship between the parties, excluding all other terms, including those of the Internet User.

Acceptance of this shipping policy implies that the Internet User has the necessary legal capacity, or failing that, has authorization from a guardian or legal representative (if underage or incapacitated), or holds a mandate when acting on behalf of a legal entity.

ARTICLE 5. DELIVERY

5.1. Delivery Fees

Shipping or handling fees will, in any case, be indicated to the Customer before any payment and only apply to deliveries within mainland France, including Corsica. For delivery to any other location, the Customer must contact customer service.

If the Product is to be delivered to the Customer in-store or via a partner location of the Publisher, the applicable fees will be specified at the time of ordering.

The shipping costs indicated on the Website are in euros, all taxes included.

5.2. Delivery Time

Orders are shipped via La Poste within 3 business days from full payment confirmation by the Publisher.

Some products or order volumes may justify a delivery time longer than 3 business days. In such cases, this will be explicitly stated during the order confirmation process.

5.3. Damaged Package

If a package is delivered in an obviously damaged condition, the Customer must refuse it to benefit from the carrier's guarantee. Additionally, the Customer must inform the seller immediately so that a replacement can be prepared and shipped once the damaged package is returned. In such cases, the delivery times mentioned above no longer apply.

5.4. Retention of Title – Transfer of Risk

Ownership of the delivered Products remains with the Publisher until delivery to the Customer, unless otherwise expressly agreed in writing between the parties.

The Customer assumes all risks related to the Products from the time of order. During the retention of title period, the Customer must insure the Products at their own expense against all potential damages and provide proof upon request by the Publisher.

ARTICLE 6. FINAL PROVISIONS

6.1. Applicable Law

This shipping policy is governed by French law.

6.2. Amendments to this Shipping Policy

This policy may be amended at any time by the Publisher. The applicable version for the Customer is the one in effect on the date of their order or login. Any new login to the personal space implies acceptance of the updated policy, if applicable.

6.3. Disputes

In accordance with Ordinance No. 2015-1033 of August 20, 2015, any dispute with a consumer Customer that cannot be resolved amicably must be submitted accordingly.

Moreover, the consumer Customer is informed of the existence of the EU Online Dispute Resolution platform, available at:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Since January 1, 2016, mediation has been mandatory for all. Any professional selling to consumers must provide contact details of a competent mediator in the event of a dispute, whether they sell online or in a physical store (Source: FEVAD).
FEVAD – https://www.fevad.com/

6.4. Entire Agreement

The nullity of any clause in this contract shall not affect the validity of the remaining clauses or the contract as a whole, which will retain their full effect. In such case, the parties shall, where possible, replace the nullified provision with a valid one reflecting the spirit and purpose of the original.

6.5. No Waiver

Failure by the Publisher to exercise any rights under this policy shall not be construed as a waiver of such rights.

6.6. Telemarketing

The Customer is informed that they may register on the French opt-out list for telemarketing at http://www.bloctel.gouv.fr/.

6.7. Language

This shipping policy is provided in French.

6.8. Unfair Terms

The provisions of this shipping policy apply subject to compliance with the mandatory provisions of the French Consumer Code regarding unfair terms in contracts between professionals and consumers.