Preamble
The website, maisonpopineau.com, is operated by the ARPP Company, SAS (limited liability company) with a capital of 10,000 EUR, with main office located at 209 rue Saint Maur 75010 Paris – France, which is registered at the Paris Trade and Company Registry under number 810433193.
The present conditions govern all orders and transactions made on the maisonpopineau.com website and require the unconditional acceptance of the person responsible for the order, a non-trading natural person, hereinafter referred to as the Client who acknowledges having read these general sales terms and conditions prior to using the website.
The Company reserves the right to modify the general terms and conditions of sale at any time, the applicable version being the one published on the maisonpopineau.com website at the time of the order.
Article 1 – Client
1.1 Only persons who are legally capable of entering into contracts concerning products sold on the maisonpopineau.com website may order from the website.
1.2 The Client declares that he/she is fully aware of and has read and understood the General Sales Terms and Conditions before confirming his/her purchase by clicking on the appropriate box which establishes an irrevocable acceptance which cannot be contested, except in the cases specified in the paragraph "right of withdrawal".
1.3 The ARPP Maison Popineau Company reserves the right to cancel or refuse any order from a Client with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment, either current or past.
1.4 The ARPP Maison Popineau Company reserves the right to suspend or close the account of a client who violates the clauses in the General Sales Terms and Conditions. Any person whose account has been suspended or closed may no longer order on the website without prior authorization from the Company.
1.5 The ARPP Maison Popineau Company reserves the right to cancel any order from a client whose IP address is located in a country that differs from the invoice and/or delivery address.
1.6 When entering personal data in the "my account" section, the Client agrees to provide all information required for identification. The Client must provide correct and complete information. The information provided by the Client is accountable to him/her. The seller may not be held responsible for any error in delivery address information leading to impossibility of product delivery.
1.7 For delivery outside of the European Union, the Client undertakes to verify the possibility of importing the products to the delivery country.
Article 2 – Products
2.1 All products for sale and displayed on the website have a description for which we take great care to ensure that we provide the best possible information to our Clients. However, it is possible that the website may contain minor errors which the Client acknowledges and accepts.
2.2 The information, specifications, photographs, texts, graphics that accompany product descriptions are not binding and the seller cannot be held responsible for any inaccuracy.
2.3 Although the representation of products on the website is as close to the reality as possible, colors may differ slightly depending on search engines and screens that are used for viewing.
2.4 The ARPP Maison Popineau Company informs its Clients that since the creations are made using quality fabrics often from old remnants, they may sometimes have irregularities, flaws in weaves, colors or due to wear over time and which are considered to be normal. All major flaws are usually detected prior to manufacture and the flawed fabric is not used.
The Client knowingly purchases the product as is and may not make any claims against the ARPP Maison Popineau Company.
Article 3 – Product availability
3.1 The ARPP Maison Popineau Company undertakes to honor orders only within the limit of available stocks. In the event that the product ordered is not available, the Company undertakes to inform the Client as quickly as possible. Availability can vary during the same day according to the level of sales. The Company continuously updates product availability on the website but cannot be held responsible if indicated stock no longer corresponds to real stock at certain times.
3.2 The unavailability of a product is mentioned on the concerned product page or on the order summary.
3.3 The ARPP Company may not be held responsible for the non-performance of the order in the event of insufficient stock or product unavailability, force majeure, disruption or total or partial strike of postal, transportation and communication services.
Article 4 – Prices
4.1 Sales prices are in EUROS and include all taxes (TTC), excluding fees for delivery or specific gift wrappings.
4.2 Sales prices are those in effect at the date of the order by the Client. Sales prices may be modified at any time by the ARPP Company.
4.3 All orders from all geographic areas are payable in EUROS
4.4 In the event of a delivery outside of the European Union, customs and administration fees are the sole responsibility of the Client. The Client is responsible for verifying with local authorities in his/her country.
4.5 Transportation fees will be indicated before the Client's final confirmation for the order.
4.6 Prices do not show eventual special offers or personal discounts that are indicated before the final confirmation for the order;
4.7 Any increase or contribution, in particular for the environment, that is created or modified, both increase or decrease, will be shown in the product sales prices sold on the website.
4.8 Prices include the French VAT applicable at the date of order and any change in applicable rate will automatically be shown in the product prices on the website at the date specified in the decree of application.
Article 5 – Order
The Client may order 24/7 on the maisonpopineau.com website.
5.1 Placing an order
There are several steps in the order process:
- select the product(s), verify the options and quantities, then confirm your shopping basket
- you may only order if you are clearly identified on the website, either by connecting with your personal login name and password, or by providing all of the required information to subscribe online.
- once identified, clearly and precisely indicate the information for delivery, meaning the precise delivery address and eventual accessibility restrictions (building, floor, digicode, guard, etc).
- indicate the type of delivery selected among several services and the rates that are given
- read and accept the General Sales Terms and Conditions. The General Sales Terms and Conditions may be read directly online or if requested, sent by e-mail. Accepting the General Sales Terms and Conditions by ticking the box "I accept the General Sales Terms and Conditions", means an irrevocable acceptance of the terms and cannot be withdrawn except in the specific cases cited in paragraph "right to withdrawal" in the present General Sales Terms and Conditions. By doing so, the Client acknowledges that they have read and understood the present terms.
- finally, indicate the chosen method of payment in order to proceed to payment for the order on the secure interface which will formalize the sales contract with the maisonpopineau.com website and the ARPP Company. All placed orders suppose acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees listed below. The online provision of a credit card number and the order's final confirmation by the Client will constitute proof of the order and current liability for the sums for the products on the order list. This confirmation constitutes a signature and acceptance of all operations on the maisonpopineau.com website.
5.2 Confirmation of an order
An e-mail is automatically sent to the Client to confirm receipt of the order, provided that the e-mail address given on the order form is correct.
The ARPP Company cannot be held responsible for possible errors of data entered by the Client and the consequences in terms of delay or delivery error. In this case, all fees for redelivery would be at the Client's expense.
5.3 Order tracking
The Client may track his/her order at any time by consulting the "my account" area on the maisonpopineau.com website
Article 6 – Payment
6.1 Methods of payment
Full payment is due at the time of the online order. The amounts paid can never be considered as deposits.
The Client may pay his/her order online using one of the following credit cards: Carte Bleue, Visa, Eurocard-Mastercard. The Client may also pay using Paypal, a secure payment solution, only available for delivery in France and Monaco. When selecting the Paypal method of payment, the Client will automatically be directed to his/her Paypal account. Once payment is confirmed, the Client can finalize his/her order on the maisonpopineau.com website.
The credit card number and expiry date are communicated in encrypted mode to our bank (BNPP Paris) or to Paypal which have sole access to this information.
The Client guarantees that he/she has the required authorization to use the selected payment method when he/she confirms the order form.
The order amount is withdrawn from the Client's account upon payment confirmation.
The ARPP Company reserves the right to suspend or cancel the order and/or shipment of any product whatsoever at any stage of the shipment procedure in case of refusal of authorization of payment per bank card on behalf of the officially accredited organization or in case of non-payment or partial payment. The Company reserves the right to refuse to honor an order or delivery in case of a pending settlement dispute or the Client's previous non-payment for an order.
Within the framework of a procedure for checking orders, the ARPP Company may ask the Client to send a photocopy of identification by e-mail or the post, as well as proof of domicile, in order to ensure that no one falsely uses the identity or bank identification of someone else without the Client's knowledge. The order will be confirmed only upon receipt and verification of the requested documents. Failure to receive the documents within 10 days after the order, the order will be considered canceled.
Data recorded and saved by the ARPP Company constitutes proof of the order and all transactions. Data recorded by the payment system constitutes proof of financial transactions.
6.2 Invoice
The client has access to the original invoice in the "my account" section. The invoice is not included in the shipped package. The online order form or the order confirmation sent by e-mail do not constitute an invoice.
The ARPP Maison Popineau Company saves an electronic copy of every invoice.
6.3 Transfer of property
The ARPP Maison Popineau Company keeps the full and whole property of products sold until full and complete payment of the price including fees, taxes and mandatory contributions.
Article 7 – Delivery
7.1 Delivery zones
The ARPP Maison Popineau Company delivers to continental France, Corsica and Monaco, as well as to all of Europe and certain countries in the rest of the world (customs fees and taxes remain at the expense of the final Client upon delivery). You can contact the ARPP Company for information about delivery terms for a specific country.
7.2 Delivery methods
The order will be sent to the address indicated by the Client on the purchase order. The client must ensure the completeness and accuracy of the order related information provided to the ARPP Maison Popineau Company. The ARPP Company cannot be held responsible for possible errors of data entered by the Client and the consequences in terms of delay or delivery error. In this case, all fees for redelivery will be at the Client's expense.
We cannot deliver to a hotel or a postal box.
The ARPP Maison Popineau Company may not be held responsible for the delay in delivery in the event of errors or disruptions caused by transporters (including total or partial strike of postal services, transportation and/or communication).
7.3 Receipt of package and Client's responsibilities
The Client must check the condition and the content of the parcel in the presence of the carrier and record any reservations on the delivery slip (damage, damaged package, missing product compared to delivery slip, open product...). In the absence of noting such points, the product is considered to be accepted by the Client and cannot be the subject of any dispute concerning its delivery.
The Client will then report claims to the carrier by registered letter with acknowledgment of receipt (within two business days after delivery date). The Client must also send a copy of the written letter by e-mail to the ARPP Maison Popineau Company. All claims placed after this date will be rejected.
7.4 Shipping times
Orders placed online via the maisonpopineau.com website are dealt with each day from Monday to Friday, except public holidays. We strive to process all orders within 48 hours, except for week-ends and public holidays.
As soon as you have received a shipping confirmation, you can take into account the times given by the transporters mentioned below.
7.5 Delivery times
Delivery times depend on the shipping method selected by the Client and the place of delivery. We will indicate an approximate delivery time given by the carriers.
No refund will be made of shipping fees in the event that the delivery is later than indicated. Also, we inform our Clients that delivery times do not include Saturday, Sunday or public holidays.
Delivery to continental France
Colissimo service: usual delivery time 2 to 4 days (from the day the package is given to the Postal service)
"Colissimo recommandé" service (insured Colissimo): usual delivery time 48 hours. Delivery upon signature at the delivery address indicated on the order form. In case of absence at the time of delivery, a delivery notification will be left for the Client to claim the package at the nearest post office. Packages are kept for 15 calendar days then, in the event that no one claims them within the time limit, they are returned to the ARPP Maison Popineau Company.
Delivery outside of continental France
For a delivery outside of continental France, we choose the most favorable means of transportation for our Clients: Colissimo International, Chronopost, DHL,… Delivery times vary depending on the country of destination and the weight of the package.
For delivery in Europe, delivery times usually vary between 2 to 8 days depending on the country of destination.
Indicated delivery times are not guaranteed at certain periods of high activity, such as during sales periods or the end of the year holidays.
Article 8 - Right of withdrawal and returns
8.1 Withdrawal
For all products purchased online via the maisonpopineau.com website, the Client has a withdrawal period of 21 days from receipt of the product. The exercise of the right of withdrawal holds the seller to refund the amounts paid by the buyer within a period of 30 business days at the longest after receipt of products. The only fees at the Client's expense are the direct fees for returning the merchandise after the exercise of his/her right to withdrawal.
Professionals do not have the right of withdrawal.
8.2 Returns
Products must be returned intact, complete, in their package of origin and in perfect condition for immediate resale. They must not have been used, or suffered even minimum damage and must be perfectly clean.
Any product that is damaged, incomplete or not returned in its original package or if the original package has been damaged will not be reimbursed or exchanged.
Return requests must be made by contacting customer service using the contact form or by e-mail.
We suggest that you return products via Colissimo registered delivery or insurance to the commercial value of the products, guaranteeing, if necessary, the compensation for the products matching their real commercial value in the event of damage or loss of the merchandise. In all cases, returns are at the Client's own risk. It is incumbent to the Client to retain all proof of return.
Article 9 – Reimbursement methods
If the Client chooses to exercise his/her right of withdrawal, he/she may ask the seller to reimburse the amounts paid.
After returning the products, if all of the conditions mentioned in paragraph 8 are respected, the ARPP Maison Popineau Company will send an e-mail to the Client confirming acceptance of the returned products.
Reimbursement will be carried out following the same payment method chosen by the Client at the time of order (provided that the payment methods that were used are still valid and active at the time of reimbursement) or with a voucher that is valid for 6 months if the Client prefers.
Payment will be carried out within a maximum period of 30 business days from the date on which the Client stated that he/she was exercising his/her right of withdrawal to the ARPP Maison Popineau Company.
10 – Warranties and liabilities
Regarding access to the maisonpopineau.com website, the order process, the delivery of products and all subsequent services, the ARPP Maison Popineau Company is bound only within the limits of due care. The ARPP Maison Popineau Company shall not be liable for any inconvenience or damage inherent to the use of the internet, notably interruption of service, outside intrusion or the presence of computer viruses, or any other event qualified as a force majeure in accordance to the law and jurisprudence.
The products offered by the ARPP Maison Popineau Company comply with current French legislation and the standards applicable in France. The Company cannot be held responsible in case of non-respect of the legislation of the country where products are delivered.
Also, the Company is not liable for any indirect damage or injury resulting from product purchase.
Article 11 – Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
In the event of a force majeure, the involved party must inform the other party within a period of 14 (fourteen) calendar days from the day of the occurrence of the force majeure by registered mail with acknowledgement of receipt.
The two parties shall contact each other within one month, unless the force majeure renders it impossible, to examine the impact of the event and to agree on the conditions under which the execution of the contract terms will be continued.
Explicitly are considered cases of force majeure or fortuitous events in addition to those which are usually accepted by case law of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other industrial actions or trade disputes, civil unrest, extreme weather, interruption of transport facilities or of supplies for any reason whatsoever, earthquakes, fires, storms, flooding, water damage, governmental or legal restrictions, legal or regulatory modifications of forms of commercialization, technology system failures, interruption of telecommunications, including cable networks as well as radio networks, and all other events that are beyond the parties' control which prevents them from pursuing a normal contractual relationship.
The obligations of the parties shall be mutually suspended for the length of the force majeure, without penalty.
If the event constituting a force majeure continues for a period longer than 3 (three) months, the contract may be rightfully terminated without penalty by one or the other of the parties.
Article 12 – Personal Data
For the success of the order, personal data collected will be processed by computer. The Client acknowledges having knowledge of this matter.
In accordance with the provisions of law n°78-17 of 6 January 1978 on computers, files and liberties, the Client has the right to access his/her personal data stored in files by Maison Popineau and to correct them if needed. All requests must be sent in writing to contact@maisonpopineau.com specifying the object of the request or by letter to 209 rue St Maur 75010 Paris.
The computer processing has been declared to the CNIL on April 9, 2015 under the number 1850041v0.
The ARPP Maison Popineau Company agrees to only use Clients' confidential information within the website.
Article 13 – Intellectual property
All data on the maisonpopineau.com website is protected by copyright, trademark and all other intellectual property laws. As such, it is forbidden to reproduce, copy, sell or use all or part of this data for commercial reasons without explicit written permission from the ARPP Maison Popineau Company. For this reason, and in accordance with the Code of Intellectual Property, only private use is authorized, subject to different provisions even more restrictive from the Code of Intellectual Property.
Reproduction in whole or in part is strictly forbidden and constitutes a forgery, without prior written permission from the ARPP Maison Popineau Company.
Any use of content from the maisonpopineau.com website by press agencies, websites, blogs...must mention ©maisonpopineau.com or the name of the photographer when it is mentioned.
Any creation of a hyperlink from a website to the maisonpopineau.com website is forbidden without prior written authorization and will be removed upon simple request from the ARPP Maison Popineau Company.
Article 14 – Complete General Sales Terms and Conditions
If one or several of the clauses become null and void by a change in legislation, regulation or a court decision, this would not in any way affect the validity of these General Sales Terms and Conditions. Such a change cannot in any way make it possible for the Client not to observe these General Sales Terms and Conditions.
15 – Length and application
These General Sales Terms and Conditions apply for the duration of the time the services are offered online by the ARPP Maison Popineau Company who reserves the right to adapt and/or modify them at any time. However, in the event that they are modified, the applicable version of the General Sales Terms and Conditions is the one published on the maisonpopineau.com website at the time of the order.
Article 16 – Applicable law
Sales of the products by the ARPP Maison Popineau Company are subject to French law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between the ARPP Maison Popineau Company and the Client, even in the event of a plurality of defendants, will be, in the absence of mutual agreement, the exclusive competence of French tribunals.
CONTACT
For all information or eventual claims, you may contact us by e-mail at the following address contact@maisonpopineau.com or by postal mail at :
ARPP Maison Popineau 209 rue St Maur 75010 Paris, France, specifying the object of your request. We will answer you as soon as possible.