Terms of sale

General terms and conditions of sale of the Poécile website

Effective as of 11/06/2021

ARTICLE 1. PARTIES

These general terms and conditions apply 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, public or private, registered on the Site to purchase a Product, hereinafter referred to as "the Client".

ARTICLE 2. DEFINITIONS

Client: Any individual or legal entity, public or private, registered on the Site.
Site Content: Any element published on the Site, protected or not by intellectual property rights, such as texts, images, designs, layouts, videos, diagrams, structures, databases, or software.
Publisher: Léa Chonier, sole proprietorship acting as the publisher of the Site.
User: Any individual or legal entity, public or private, accessing the Site.
Product: Any type of good sold on the Site by the Publisher to the Clients.
Site: The website accessible at the URL Poécile, including all sub-sites, mirror sites, portals, and related URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely and openly accessible to any User. Browsing the Site implies full acceptance of these general terms and conditions. Simply connecting to the Site, by any means, including via a bot or browser, shall be considered full acceptance of these terms.

Upon registration, this acceptance will be confirmed by checking the appropriate box.

By doing so, the User acknowledges having fully read and accepted these terms without reservation.

The act of checking the aforementioned box shall be deemed equivalent to a handwritten signature. The User acknowledges the evidential value of the Publisher’s automatic recording systems and waives the right to contest them in case of dispute unless proven otherwise.

These general terms exclusively govern the relationship between the parties, to the exclusion of all other terms and conditions, including those of the User.

Acceptance of these terms implies that the User has the legal capacity to do so, or, failing that, is authorized by a guardian or curator if legally incapacitated, by their legal representative if a minor, or holds a mandate if acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The Site's purpose is the sale of Products to Clients.

ARTICLE 5. ORDER PROCESS

5.1. Order

To place an order, Users may select one or more Products and add them to their cart. Product availability is indicated on the Site within each product description. Once the order is complete, Users can access their cart via the designated button.

5.2. Order validation by the User

In their cart, Users can review the quantity and type of selected Products, check unit prices, and total cost. They can remove items if needed.
If satisfied, Users may validate the order and proceed to a form where they can either log in or register by providing their personal information.

5.3. Payment by the Client

Once logged in or after completing registration, Clients are invited to confirm or update their delivery and billing information. They are then redirected to a secure payment interface labeled “order with payment obligation” or a similar phrase.

5.4. Order confirmation by the Publisher

Upon successful payment, the Publisher commits to confirming receipt via email within 24 hours. A summary of the order will also be emailed to the Client within the same timeframe, including all relevant information.

ARTICLE 6. PRICES - PAYMENT

6.1. Prices

Prices applicable are those displayed on the Site on the day of the order. They may be changed at any time by the Publisher and are only valid on the order date. Prices are in euros, tax included, excluding delivery fees.

6.2. Payment methods

Clients can pay via PayPal or Stripe.
In the case of credit card payments, the Publisher does not access any payment data. Payment is handled directly by the bank.
For payments via bank transfer, mandate, or check, delivery times begin only after the Publisher receives and confirms payment.

6.3. Invoicing

The Publisher will send or make available an electronic invoice after each payment. The Client expressly agrees to receive invoices electronically.

6.4. Late payment

Agreed payment dates cannot be postponed for any reason, including disputes.
Any overdue payment will automatically incur late fees calculated at three times the legal interest rate, without prior notice.
Additionally, the Client will owe €40 in recovery fees, all remaining amounts will become immediately due, increased by a 20% penalty, and the Publisher may terminate the contract. This clause complies with article 1152 of the Civil Code, allowing the judge to reduce penalties if deemed excessive.

6.5. Retention of ownership

Products remain the Publisher's property until full payment is received.

ARTICLE 7. CUSTOMER SERVICE

The Site’s customer service is available via the contact page on poecile.fr, by email at hello@poecile.fr, or by postal mail at the address listed in Article 1.

ARTICLE 8. PERSONAL ACCOUNT

8.1. Account creation

Creating a personal account is required to place an order. The User will be prompted to provide personal data, some of which are mandatory. Refusing to provide this data prevents account creation and order processing.

Upon account creation, Users choose a password which ensures confidentiality. They must not share it. If a third party accesses the account, the Publisher cannot be held liable.

Clients must regularly update their personal data via their account.

8.2. Account content

Clients can view and track all orders placed on the Site via their account.
These pages can be printed but are not admissible as court evidence and serve solely for order management.

The Publisher commits to securely storing all legally required contractual documents.

8.3. Account deletion

The Publisher may delete any Client account that violates these terms, especially if false or fraudulent information was provided, or if inactive for at least one year. This deletion shall not constitute damage or liability on the part of the Publisher, and no compensation shall be due.

This is without prejudice to potential legal action by the Publisher if warranted.

ARTICLE 9. PERSONAL DATA

In providing its services, the Publisher processes Clients' personal data.

9.1. Data controller

The Publisher is the data controller for all data collected and processed on the Site.

9.2. Data Protection Officer

Etienne Deshoulières
121 boulevard de Sébastopol, 75002 Paris
contact@deshoulieres-avocats.com
+33 1 77 62 82 03
www.deshoulieres-avocats.com

9.3. Collected data

9.3.1. From Clients

The Publisher may collect the following Client data: email, full name, phone number, address (state, province, postal code, city), contract history.

9.3.2. Purpose

Data is used for:

Legal proceedings
Client identity verification

9.3.3. Legal basis

Data is processed on the legal basis of a contractual relationship.

9.3.4. Data recipients

Only the Publisher can view the data, strictly for fulfilling contractual obligations.
This data is never made freely viewable by third parties.

9.3.5. Retention period

Data is stored for the duration of the contractual relationship and the period during which the Publisher may be held liable.
After this, data is permanently deleted.

9.3.6. Security and confidentiality

Data is stored securely using modern technical standards, in compliance with the GDPR and national laws.
Access to the Publisher's premises is also secured.

9.3.7. Data minimization

Only data strictly necessary for fulfilling contractual duties is collected.
The Publisher encourages Clients to limit the data they provide accordingly and deletes unnecessary data promptly.

9.4. Rights of Clients

Clients may exercise their rights by writing to the Publisher's postal address or via the online contact form.

9.4.1. Right to information, access, and communication

Clients can request access to their personal data.
Due to security obligations, requests are processed only upon proof of identity (scan or copy of a valid ID with a signed attestation of conformity and date/place).

9.4.2. Right to rectification, deletion, and erasure

Clients may request correction or deletion of inaccurate, incomplete, or outdated data, and define data handling instructions after death. Heirs may also do so.

9.4.3. Right to object to data processing

Clients may object to their data being processed.

9.4.4. Right to data portability

Clients may request their personal data in a portable, open, and readable format.

9.4.5. Right to restrict processing

Clients may request that their data only be stored and not used further.

9.4.6. Response time

The Publisher undertakes to respond within a reasonable time, no later than one month after receiving the request.

9.4.7. Complaint to a supervisory authority

If Clients believe the Publisher is not complying with data regulations, they may file a complaint with the competent authority. In France, this is the CNIL, which can be contacted here.

9.5. Data transfers

9.5.1. Transfer to partners

The Publisher uses authorized service providers, including those outside the EU, and ensures they uphold strict privacy and protection standards (e.g., U.S. Privacy Shield).

9.5.2. Transfer by legal requirement or court order

Clients consent to their data being disclosed to authorities upon request or court decision.

9.5.3. Transfer during merger or acquisition

If the Publisher undergoes a merger, asset sale, financing, liquidation, or acquisition, Clients consent to the transfer of their data to the acquiring entity, which will then assume the same data processing obligations.

ARTICLE 10. COOKIES POLICY

10.1. Nature of the Publisher’s Obligations

The Publisher undertakes to exercise due care and diligence in providing quality Products in accordance with the specifications set out in these General Terms and Conditions. The Publisher is bound only by a best-efforts obligation (obligation de moyens) with regard to the services covered by this agreement.

10.2. Force Majeure – Client Fault

The Publisher shall not be held liable in cases of force majeure or Client fault, as defined in this article:

10.2.1. Force Majeure

For the purposes of these General Terms and Conditions, force majeure, which may be invoked against the Client, shall include any hindrance, limitation, or disruption of the Service caused by: fire, epidemic, explosion, earthquake, bandwidth fluctuations, failure attributable to the internet service provider, transmission network failure, collapse of infrastructure, unlawful or fraudulent use of passwords, codes, or credentials provided to the Client, hacking, security breaches attributable to the Site’s host or developers, flood, power outage, war, embargo, law, injunction, request or requirement from any government, requisition, strike, boycott, or other circumstances beyond the Publisher’s reasonable control.
In such cases, the Publisher shall be released from performing its obligations to the extent that such hindrance, limitation, or disruption prevents it from doing so.

10.2.2. Client Fault

For the purposes of these General Terms and Conditions, Client fault, which may be invoked against the Client, shall include any misuse of the Service, any fault, negligence, omission, or failure by the Client or its agents, failure to follow the advice provided by the Publisher on its Site, any disclosure or unlawful use of the Client’s password, codes, or credentials, as well as the provision of false information or failure to update such information in the Client’s personal account.
Client fault shall also include the use of any technical process, such as bots or automated queries, that goes against the letter or spirit of these General Terms and Conditions of Sale.

10.3. Technical Issues – Hyperlinks

In the event of an inability to access the Site due to technical issues of any kind, the Client may not claim any damage or compensation. The unavailability, even prolonged and without time limitation, of one or more online services shall not constitute harm to Clients and shall not give rise to any compensation from the Publisher.

The hyperlinks on the Site may lead to other websites. The Publisher shall not be held liable if the content of those sites breaches applicable laws. Likewise, the Publisher shall not be liable if the Client suffers any harm from visiting any such site.

Given current technology, the display of Products offered for sale on this Site — particularly in terms of color or shape — may vary significantly between different computers or may differ from reality depending on the quality of graphic accessories, screens, or display resolution. Such variations and differences shall under no circumstances be attributable to the Publisher, and the Publisher shall in no way be held liable for them.

10.4. Damages Payable by the Publisher

Unless otherwise provided by legal or regulatory provisions, the Publisher’s liability is limited to direct, personal, and certain damages suffered by the Client that are directly related to the failure in question.

Under no circumstances shall the Publisher be held liable for indirect damages, such as, but not limited to, loss of data, commercial losses, loss of orders, damage to brand image, business disruptions, or loss of profits or customers.
Likewise, and within the same limitations, the amount of damages for which the Publisher may be held liable shall in no event exceed the price of the Product ordered.

10.5. Hyperlinks and Site Content

The contents of the Site are published for informational purposes only and without any guarantee of accuracy.

The Publisher cannot, under any circumstances, be held liable for any omission, inaccuracy, or error in this information that may result in direct or indirect damage caused to the Internet user.

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Legal protection of Site content

The Content of the Site may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, whether in whole or in part, carried out unlawfully and without the consent of the Publisher or its rights holders or successors, constitutes a violation of Books I and III of the French Intellectual Property Code and may lead to legal action for infringement.

11.2. Contractual Protection of the Site's Content

The User contractually agrees with the Publisher not to use, reproduce, or display, in any manner whatsoever, the Content of the Site—whether or not it is protected by intellectual property rights—for any purpose other than reading it via a robot or browser. This restriction does not apply to indexing robots whose sole purpose is to scan the Site’s content for indexing purposes.

ARTICLE 12. FINAL STIPULATIONS

12.1. Applicable law

These general terms and conditions are governed by French law.

12.2. Amendments to the general terms

These general terms and conditions may be modified at any time by the Publisher.
The applicable version is the one in effect on the date of the Client's order or connection to the Site.
The Publisher agrees to keep all previous versions archived and to make them available to Clients upon request.

12.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in connection with the performance of these general terms and conditions and which cannot be resolved amicably between the parties must be submitted accordingly.

Furthermore, the Client is informed of the existence of the online dispute resolution platform, accessible at the following URL:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Since January 1st, 2016, mediation has been mandatory for everyone. Thus, any professional selling to consumers is required to provide the contact details of a competent mediator in the event of a dispute, regardless of whether the sale is made remotely or in a physical store.
(Source: FEVAD)

FEVAD / https://www.fevad.com

12.4. Entire Agreement

The invalidity of any provision of this contract shall not result in the invalidity of the other provisions or of the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, to the extent possible, replace the invalidated provision with a valid one that reflects the spirit and purpose of these terms and conditions.

12.5. No Waiver

The failure of the Publisher to exercise any of the rights granted under these terms shall not be interpreted as a waiver of said rights.

12.6. Telemarketing

The Client is informed that they may register on the national do-not-call list at the following address: http://www.bloctel.gouv.fr/.

12.7. Language of these Terms and Conditions

These general terms and conditions are provided in French.

12.8. Unfair Terms

The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the French Consumer Code regarding unfair terms in contracts concluded between professionals and consumers.