GENERAL TERMS AND CONDITIONS OF SALE

CLAUSE 1 – FIELD OF APPLICATION

The purchase of the products offered for sale on the site www.absolutelypom.com is subject to these General Terms and Conditions of Sale.
The languages used for entering into a contract with www.absolutelypom.com are French and English. In the case where there is a difference between the two versions, the French version shall prevail.
ABSOLUTELY PÔM reserves the right to adapt or modify these General Terms and Conditions of Sale by publishing a new version on the site. In the case where there are modifications, the terms and conditions in force on the date the order is placed shall apply to each order.
Furthermore, each time an order is placed on the site www.absolutelypom.com, you will be asked to confirm that you accept the General Terms and Conditions of Sale in force.
The photos of the articles on sale on the site www.absolutelypom.com have no contractual value. These basic features of the products are presented on www.absolutelypom.com within each of the product sheets. However, it is possible that the pictures and the colours of the products do not correspond to the actual colours due to the effect of the Internet browser and the screen used.
It is stipulated that the orders placed on the site www.absolutelypom.com are reserved to consumers, in the meaning given by the law and case law, acting exclusively on their own account and domiciled in metropolitan France and international countries.
Professionals are forbidden to purchase product(s) with a view to the resale thereof.

CLAUSE 2 – IDENTIFICATION OF THE AUTHOR OF THE OFFER

ABSOLUTELY PÔM, a limited liability company with a capital of 15,000 euro
Registered in the Paris Trade and Companies Register under number 512 909 185
Registered office: 74 rue Pierre Demours, 75017 Paris
Intra-community VAT No.: FR 77 512 909 185
Siret: 51290918500013
Telephone: 33 1 56 64 00 74

CLAUSE 3 – PRICES OF THE PRODUCTS AND CONDITION FOR VALIDITY

The prices of the products sold on the site www.absolutelypom.com are indicated per article and are understood as being inclusive of all taxes, excluding delivery costs. When the order is confirmed, the price the customer shall pay is understood as the inclusive price, i.e. the prices inclusive of VAT of the articles making up the order increased by the delivery costs.
The telecommunications costs inherent in accessing the site shall be paid by the customer.
The conditions by which the duration of our products' offers and prices is valid are determined by the site's updating and the release of our collections or our promotions and remain applicable as long as they are still made available by us.

CLAUSE 4 – PURCHASE AND AVAILABILITY OF THE PRODUCTS ON THE ABSOLUTELY PÔM E-SHOP

To purchase on the ABSOLUTELY PÔM e-shop,
- Start by making your selection by browsing through the site www.absolutelypom.com.
- Click on the pictures to access the product pages to view the details of each product.
- Add the articles to your basket after selecting the size, the colour and the quantity by clicking on "add to basket".
- Then check the elements in your order and correct any errors that may have been made when entering.
- To delete an article, click on "Delete" and to change the number of articles, change the quantity. The price of your order will be automatically updated.
- You can then finalise your order to decide to continue your shopping.
- Before purchasing products by sending the order form, you will be asked to read the General Terms and Conditions of Sale carefully. By sending the order form by telematic transmission, you accept the General Terms and Conditions of Sale and you undertake to comply with these Terms and Conditions in any contacts with ABSOLUTELY PÔM.

Before placing the first order, the customer should create an account on the site. Customers can access this account at any time by means of their identifiers (e-mail address and password).
When placing the order, the customer agrees to provide the information requested and confirms that the latter are true (surname, first name, address, telephone, e-mail address, type of payment card, card number, expiry date and the card's cryptogram).
ABSOLUTELY PÔM undertakes to process the orders received within the limit of the stocks available and within three working days as from the day after the order has been validated. Exceptionally, there may be errors or modifications, particularly when there are simultaneous orders for the same product from several customers.
In the event that the product is unavailable after the order has been placed, ABSOLUTELY PÔM will inform you by e-mail or by telephone within the shortest possible time, suggesting that you either order another article shown on the site www.absolutelypom.com in replacement, or that you cancel your order. If you decide to cancel your order, you will be reimbursed if your bank card has already been debited. The sum concerned will be reimbursed by crediting the bank card used in payment within 30 days at the latest.
ABSOLUTELY PÔM reserves the right to cancel or to refuse any order from a customer with whom there is a dispute concerning payment of a previous order.
Orders will only be taken into account after payment has been accepted.
A summary of your order will be sent to you by e-mail to the e-mail address you provided. This order summary is valid as an acknowledgement of your order on which the description of the ABSOLUTELY PÔM products selected will be given, as well as the quantity, the price inclusive of VAT and the amount of the postage.

CLAUSE 5 – PAYMENT TERMS – SECURE PAYMENT

The customer's purchases shall be paid by bank card only (Carte Bleue, Visa, Eurocard/Mastercard).
As the order is only validated if the products are available, the customer's bank card shall be immediately debited for the transaction after the information given has been verified, on receipt of the debit authorisation from the company which issued the bank card used by the customer.

In accordance with the provisions of Article L132-2 of the French Monetary and Financial Code, the undertaking to pay given by means of a payment card is irrevocable.
By providing the number of their bank card and the information given below, the customer authorises ABSOLUTELY PÔM to debit their bank card with the total amount inclusive of VAT of their order (including the delivery cost).
For this purpose, the customer confirms that he is the holder of the bank card to be debited and that the name on this bank card is indeed his then, in a secure environment on the site belonging to our payment partner the Société Générale, the 16-digit number and the expiry date on the front of the bank card, and the visual cryptogram's numbers on the back of the bank card.
In the event that, for any reason whatsoever, the sums due by a customer cannot be debited, the sale made shall be immediately stopped ipso jure and the purchasing process by electronic means cancelled.
Only the Société Générale, through its secure space, can know the customer's bank information. This information does not transit through the site www.absolutelypom.com.

CLAUSE 6 – DESPATCH AND DELIVERY

When a customer fills in the order form, he must select the delivery method proposed on the commercial site (Colissimo or Chronopost) and the place of delivery. In all cases, the place of delivery must be in metropolitan France, ans international countries.
Any delivery address located outside this territory will be refused during the order process.
The delivery time for any order placed before 10 a.m. excluding week-ends and public holidays, subject to the payment being accepted:

Standard delivery by Colissimo:
from 2 to 5 working days as from the date of despatch (excluding week-ends and public holidays) for France, and from 3 to 8 working days for international countries.

Express delivery by Chronopost:
For any order placed before 10 a.m., excluding week-ends and public holidays, subject to the products being available and the payment being accepted, ABSOLUTELY PÔM undertakes to prepare your order during the afternoon and to deliver it to Chronopost at the end of the day. The Chronopost services then guarantee delivery in metropolitan France, including Corsica, within 24 hours as from acceptance, excluding week-ends and public holidays.
When a parcel leaves the ABSOLUTELY PÔM warehouse to be routed to the address given by the customer when ordering, he will receive confirmation of despatch by e-mail from the site www.absolutelypom.com on which the parcel number is given for follow-up.
The customer can monitor the state of progress of his order's processing in his personal secure space YOUR ACCOUNT accessible on the site www.absolutelypom.com or, with the parcel follow-up number, by going to the Internet sites provided by Colissimo: http://www.coliposte.net for delivery by Colissimo, or Chronopost: http://www.chronopost.fr for delivery by Chronopost
It is up to the customer to check the parcels on arrival and to make any reserve and complaint which would appear justified, even to refuse the parcel, if this is seems to have been opened or if there are obvious signs of deterioration. The said reserves and complaints must be sent to the carrier by registered letter with request for receipt within three working days, not including public holidays, following the delivery of the products; a copy shall be immediately sent to ABSOLUTELY PÔM. If no complaint is made within the said time limits, any action against the carrier will be halted in accordance with Article L 133-3 of the French Commercial Code.
The customer must ensure that the articles delivered to his correspond to the order. In the event that the articles delivered are neither the type nor the quality conforming to the specifications given on the delivery sheet, the customer should inform the E-shop Customer Relations Department of ABSOLUTELY PÔM by e-mail: serviceclient@absolutelypom.com and return the articles to the address given in the terms and conditions set forth in Clause 7.
Each delivery is considered to have been made when the carrier has made the parcel available to the customer, materialised by the delivery follow-up proposed on the Colissimo or Chronopost Internet sites.
If the customer has had no news of his order five days after ABSOLUTELY PÔM has informed his of the despatch of the products, he must contact the post office nearest to the place of delivery. If neither the post office nor the corresponding carrier's delivery system (Colissimo or Chronopost) has any trace of the parcel, the customer must contact the ABSOLUTELY PÔM Customer Service which will open an investigation with La Poste.
The time limits for a final reply from La Poste vary from one to three weeks from when ABSOLUTELY PÔM has taken the dossier in hand.
If the parcel is found, it will be sent to the customer and the reception procedure will take its normal course.
If the parcel is declared lost, ABSOLUTELY PÔM will then inform the customer by e-mail and will immediately reimburse his for the parcel (product and postal charges).

CLAUSE 7 – SATISFIED OR MONEY BACK

In accordance with Articles L.121-20 and ff of the French Consumer Code, the customer has a cooling-off period of forteen full days as from the delivery to retract his decision and to return the article(s) ordered without having to provide justification nor to pay any penalties except the cost of returning the articles which are at his expense.
When several articles ordered on the site www.absolutelypom.com are despatched all together (in a single parcel) and that the customer decides, during the cooling-off period, to return all of them, the delivery costs will be reimbursed to his. On the other hand, if only some of the articles ordered and despatched at the same time are returned during the cooling-off period, the delivery costs will be at his expense.
After this seven-day period, no return will be accepted.
If the return is due to an error by ABSOLUTELY PÔM, the delivery costs which were paid by the customer will be reimbursed.
The articles should be returned in their original packaging, complete, with labels, new, not worn, not washed and accompanied with the return slip (to be edited in the section "My account") carefully filled in and with a copy of the delivery sheet, to the following address: ABSOLUTELY PÔM - Retours E-shop
- 74 rue Pierre Demours – 75017 PARIS
Without any return sheet, ABSOLUTELY PÔM cannot make any reimbursement for the products returned.
It is up to the customer to provide the proof of this return, which assumes that the articles should be returned by registered post, or by any other means giving a specific date, the costs and risks of return being at the customer's expense.
If the aforementioned terms and conditions are fulfilled and once the goods have been received, checked and accepted by our services, ABSOLUTELY PÔM will reimburse the articles returned at the price billed (including the delivery costs), according to method used for paying for the articles, by ABSOLUTELY PÔM crediting the customer's bank account corresponding to the bank card used for the payment within 30 days following receipt of the articles returned,.
Articles returned incomplete, spoiled, damaged, deteriorated or dirtied by the customer shall not be reimbursed.
It is stipulated that in using the "Gift Service", only the customer has the right to retract and this right may not be used by the recipient of the gift.

CLAUSE 8 – GUARANTEE AND LIABILITY

The products sold on the site www.absolutelypom.com are subject to the terms of the legal guarantees provided for in Articles L 211-4, L 211-5 and L 211-12 of the French Consumer Code as well as by Articles 1641 and 1648 of the French Civil Code:
Article 1641 French Civil Code: The seller is bound by the guarantee on the basis of latent defects in the object sold which make it unsuitable for the intended use thereof, or which reduces this use to the extent that the purchaser would not have bought it, or would have paid a lesser price, if he had been aware of them.
Article 1648 of the French Civil Code: The action resulting in unacceptable defects must be lodged by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be lodged, at the risk of the right lapsing, within the year following the date on which the seller may be exonerated for the apparent defects.
Article L211-4 of the French Consumer Code: The seller is bound to deliver an article complying with the contract and to respond to the defects in conformity existing on delivery. It shall also respond to the defects on conformity resulting from the packaging, instructions for assembling or installation when the he is responsible thereof by the contract or that it has been carried out under his responsibility.
Article L211-5 of the French Consumer Code: To conform to the contract, the goods must: 
 1.1. Be suitable for the use normally expected of a similar article and, if need be: 
1.2. Show the characteristics determined jointly by the parties or be suitable for any special use sought by the purchaser, brought to the seller's notice and that the latter has accepted.
Article L211-12 of the French Consumer Code: The action resulting from the defect in conformity is limited to two years as from delivery of the article.
ABSOLUTELY PÔM may not be held liable in the case of: 
 failure to fulfil contractual obligations due to an unforeseen event or a case of force majeure; 
 minor differences between the photos, text and illustrations of the articles on our site and the articles ordered.

CLAUSE 9 –COMPLAINTS

For any information, complaint or question concerning the terms and conditions for mail-order sales set up by ABSOLUTELY PÔM or concerning the articles themselves, the customers should contact the Service Client – E-shop – 74 rue Pierre Demours – 75017 PARIS or by e-mail at serviceclient@absolutelypom.com, in both cases, giving the reference and the date of the order.

CLAUSE 10 –CONFIDENTIALITY OF THE INFORMATION

ABSOLUTELY PÔM manages an electronic file which identifies certain information as being of a personal nature with regard to its customers. When a new customer places an order on the site www.absolutelypom.com, the information on this customer is added to the data base, such information will afterwards enable a better response to their expectations and to facilitate the assistance services provided by the Service Relation Client – E-shop- ABSOLUTELY PÔM.
In accordance with the directives required by the Data Protection and Freedom of Information Act of 6 January 1978, amended by the Act of 6 August 2004, this data base has been declared under number 1372752.
In the event that customers agree to provide individual information of a personal nature, they then have the individual right to access, delete and rectify the information as provided for by the law and, in this regard, may have any personal information removed that is no longer relevant, by sending such a request in writing to ABSOLUTELY PÔM, at the following address: Service Relation Client – E-shop - 74 rue Pierre Demours – 75017 PARIS or by e-mail to: servicecclient@absolutelypom.com
According to the choice made when creating or consulting their account on the Internet, customers may chose whether or not they wish to receive offers on the trade mark ABSOLUTELY PÔM.

CLAUSE 11 – INTELLECTUAL PROPERTY RIGHT

The trade mark «ABSOLUTELY PÔM", the illustrations, logos and slogans, drawings and models on the site are, and shall remain, the exclusive property of ABSOLUTELY PÔM SARL. Any total or partial reproduction, for any reason whatsoever on any medium whatsoever, without the express and prior agreement of ABSOLUTELY PÔM SARL, is strictly forbidden in application of Articles L335-2 and L 335-3 of the French Intellectual Property Code and constitutes an infringement and an offence.

CLAUSE 12 – FORCE MAJEURE

ABSOLUTELY PÔM shall suspend all or part of its obligations in the case where an unforeseen or force majeure event occurs which would hinder or delay fulfilment. Are considered as such, without this list being limited, war, riots, insurrection, social movements, strikes of any nature and supply problems suffered by ABSOLUTELY PÔM.
ABSOLUTELY PÔM shall inform the customer of such an unforeseen or force majeure event within seven days of the occurrence thereof. In the event that this suspension exceeds 15 days, the customer shall then have the right to cancel the current order, and he shall then be reimbursed under the terms set forth in Clause 6 of these General Terms and Conditions of Sale.

CLAUSE 13 – DISPUTES –APPLICABLE LAW

These General Terms and Conditions of Sale are subject to French law. Should any difficult arise with regard to the order or the delivery of the ABSOLUTELY PÔM articles, the customer shall have the right, to try to find an amicable solution before taking any legal action, particularly with the help of a consumers' association or any other counsel of his choice. Any dispute which may arise from the interpretation or the fulfilment of these General Terms and Conditions of Sale and its continuations shall be subject to the exclusive jurisdiction of the French courts.