POEMA PARIS - GENERAL TERMS AND CONDITION OF SALE www.poemaparis.fr (ci-après dénommé « le Site ») est édité par la Société MP GROUPE, SASU au capital de 500 euros, dont le Siège Social est à Jouy-en-Josas (78350) – 12, Rue du Petit Robinson, identifiée au RCS de Versailles sous le n°981 520 562, numéro de TVA intracommunautaire n° FR16981520562 (ci-après dénommée « MP Groupe »).

Toutes les commandes effectuées sur le Site sont soumises aux présentes conditions générales de vente (ci-après dénommées « les CGV ») et suppose leur acceptation préalable, express et sans réserve. MP Groupe se réserve le droit d’adapter ou de modifier à tout moment les présentes, la version des CGV applicable à toute transaction étant celle figurant en ligne sur le Site au moment de la commande.

If one or more provisions of these CGV are deemed invalid or declared as such pursuant to a law, regulation, or final decision of a competent jurisdiction, the other provisions shall retain their full force and scope.

I. The Customer

The customer declares to be a natural person, at least 18 years of age, and to have the legal capacity or hold parental authorization allowing them to place an order on the Site. As such, MP Groupe reserves the right, at any time, to request proof of identity verifying the customer’s age and/or authorization from their legal representative.

When registering personal information in the “my account” section, the customer must ensure the accuracy and completeness of the mandatory information provided. In case of an error in the recipient’s contact details, MP Groupe cannot be held responsible for the inability to deliver the product. MP Groupe reserves the right to cancel any order when the customer’s IP address is located in a country different from the billing and/or delivery address.

II. The Products

Les produits proposés à la vente sont ceux décrits sur le Site. MP Groupe apporte le plus grand soin dans la présentation et la description de ces produits pour satisfaire au mieux l’information du client. Il est toutefois possible que des erreurs non substantielles puissent figurer sur le Site (notamment dans le descriptif ou au regard de la qualité des photos des produits), ce que le client reconnaît et accepte.

En tout état de cause, en cas de non-conformité du produit livré par rapport à son descriptif sur le Site, le client pourra soit, exercer son droit de rétractation décrit à l’article VI ci-après), soit mettre en œuvre la garantie de conformité de MP Groupe qui procédera, le cas échéant, à l’échange, au remboursement du prix (en tout ou partie) éventuellement facturé, ou à l’émission d’un avoir correspondant au prix du/des produit(s) concerné(s) par l’exercice du droit de rétractation qui sera valable sur une prochaine commande effectuée dans un délai d’un an à compter de son émission.

III. The Price

The prices of the products (a product referring to a pair, i.e., two shoes, one right and one left) are indicated in euros, inclusive of all taxes for mainland France, excluding shipping costs.

Shipping costs are borne by the customer. These costs may vary depending on the carrier chosen by the customer from the various options proposed by MP Groupe. Shipping costs are free for orders exceeding €150.

The total order amount (including all taxes and shipping costs) is indicated in the shopping cart. It is payable in full in a single payment at the time of the order.

MP Groupe reserves the right to modify its prices at any time, but products will be invoiced based on the rates in effect at the time the order is placed, subject to availability.

Products are payable in full on the day of the order according to the procedure described in Article IV below.

IV. The Order

Placing an order on the Site is subject to compliance with the following procedure established by MP Groupe.

1. PLACING AN ORDER ON THE SITE BY THE CUSTOMER
To validate their order, the customer must follow these steps:

STEP 1: IDENTIFICATION AND PRODUCT SELECTION
The customer must select one or more product(s) offered on the Site, which will be added to the cart. By validating the cart, the customer initiates the order process.

The customer is then informed of the accepted payment methods and any delivery restrictions (see Step 3).

If not already done, the customer must identify themselves on the Site by providing their title, last name, first name, billing address, and email address. The customer undertakes to provide accurate identity information.

The customer must select the “Yes” or “No” box under the section “I wish to receive promotions from Poema” and click on the “Next Step” box.

STEP 2: SELECTION OF DELIVERY METHOD
The customer must choose one of the proposed delivery methods, namely:

Colissimo delivery for mainland France and Europe.

When selecting the delivery method, the customer is informed of the shipping costs for each option and the delivery terms.

The customer must indicate the delivery address if it differs from the address provided in the previous step or, if applicable, select a pickup location for the package.

For home delivery, the customer must provide their mobile phone number to be contacted by the delivery company.

STEP 3: ORDER SUMMARY
A summary of the order will be displayed, specifying, among other things, the essential characteristics of the products, the quantity, the price of the products, the shipping costs, and the total order amount (including shipping costs).

The customer must review these CGV, available via a hyperlink, and check the box “I accept the CGV.”

Then, in accordance with Article L. 221-14 of the Consumer Code, the customer must click the “Proceed to payment to validate the order” button, confirming the order and the CGV (“first click”).

STEP 4: ORDER PAYMENT
The customer can review the order details and total price and correct any errors before confirming to express their acceptance. Any confirmed order constitutes a sales contract and unreserved acceptance of all provisions of these CGV.

The customer then selects their payment method:

By credit card: The customer is automatically redirected to the secure payment server of WooPayments, MP Groupe’s payment provider. The customer must enter their credit card number, expiration date, cardholder’s name, and the visual cryptogram (the last digits on the back of the card).

By making this payment, the customer guarantees they are fully authorized to use the payment card for the order and that the card provides access to sufficient funds to cover all costs resulting from the order.

By providing credit card details, the customer agrees that MP Groupe may proceed with the secure transaction.

Payment in installments via Klarna :
If the customer chooses to pay in installments, they accept Klarna’s general customer terms and conditions, as well as Klarna’s specific conditions for MP Groupe customers.
The data recorded and retained by MP Groupe constitutes proof of the order and all related transactions. The data recorded by the payment system constitutes proof of financial transactions.

By clicking the “Validate Order” button, the customer confirms their order.

This confirmation via the “second click” constitutes the conclusion of the sales contract.

It is specified that the order is only validated and shipped after confirmation of the validity of the payment made by the customer.

If, for any reason (e.g., exceeding the order limit, opposition, refusal by the issuing center to authorize payment, etc.), the debit of the amounts owed by the customer is impossible, the order will not be recorded by MP Groupe, which will inform the customer promptly by email.

In any case, MP Groupe reserves the right to refuse any order from a customer with whom there is a dispute or incident related to the payment of a previous order or who violates these provisions. In such cases, MP Groupe will inform the customer by email. If the customer fails to rectify their situation with MP Groupe, MP Groupe reserves the right not to process the order.

In case of product unavailability, MP Groupe undertakes to inform the customer as soon as possible, either at the time of order placement or after order registration and before delivery, via email.

In the event of total or partial product unavailability after the order is placed, the customer will be informed by email of the delivery of a partial order or the cancellation of their order.

In case of product unavailability, the customer has the following options:

Be delivered a product of equivalent quality and price;

Be refunded the price of the ordered product by exercising their right of withdrawal under the conditions of Article VI of the CGV;

Receive a credit note equivalent to the value of the product(s), valid for a future order placed within one year from its issuance.

The shipping costs for a replacement product will be borne by MP Groupe.

2. ORDER CONFIRMATION BY MP GROUPE
An email confirming the order (products, price, product availability, quantity, delivery method chosen by the customer, etc.) will be sent to the customer by MP Groupe. To this end, the customer expressly agrees to the use of email for the confirmation of the order’s content by MP Groupe. This email, serving as an acknowledgment of receipt of the order, details all essential conditions of the order, namely:

• The order reference;
• The customer’s identity and contact details;
• The nature, quantity, and price of the products;
• A reminder of the delivery times, costs, methods, and any restrictions;
• The total order amount (including shipping costs);
• Information regarding MP Groupe’s identity and contact details;
• The customer’s rights and warranties as outlined in Article VIII of the CGV and the conditions, deadlines, and procedures for exercising their right of withdrawal as outlined in Article VI of these CGV;
• The withdrawal form;
• Where applicable, the fact that the customer bears the return shipping costs in case of withdrawal;
• The invoice, proof of payment confirmation;
• A note that an email specifying the package tracking number related to the order will be sent to the customer at the time of shipment.

In any case, invoices are provided upon delivery.

3. ORDER SHIPMENT
Orders are processed within a maximum of 48 hours from the confirmation of the order.

It is reiterated that the order is only shipped to the customer after confirmation of the validity of the payment made by the customer.

Once the order is validated and confirmed, it is shipped to the delivery address provided by the customer during the order process.

The shipment is confirmed by an email sent to the customer, in which MP Groupe specifies:

• The nature, quantity, and price of the products;
• The total order amount;
• The billing and delivery contact details.

V. Delivery
Delivery is made to the address indicated by the customer, noting that delivery cannot be made to PO boxes.

To ensure compliance with delivery deadlines, the customer must provide accurate and complete delivery address information (e.g., street number, building, staircase, access codes, names, and/or intercom numbers, or any other necessary details to ensure delivery).

The indicated deadlines are estimates, corresponding to the average processing and delivery times observed by the partner carriers used by MP Groupe for product delivery.

MP Groupe cannot be held responsible for delays caused by factors beyond its control.

In case of damaged packages (already opened, missing products, etc.), the customer undertakes to notify the carrier and MP Groupe, by any means, of any issues within 3 days of receiving the product. In such cases, the customer and MP Groupe will jointly determine the appropriate course of action.

It is noted that, pursuant to Article L. 216-4 of the Consumer Code, the risk of loss or damage to the products is transferred to the customer (or a third party designated by them, other than the carrier proposed by the professional) at the moment they take physical possession of the products.

VI. Right of Withdrawal
The individual customer has a right of withdrawal, which they may exercise without reason within fourteen (14) calendar days from the date of receipt of the order.

The customer must request withdrawal by sending an email to [email protected], explaining the reasons for their withdrawal.

MP Groupe will inform the customer by email of the receipt of their withdrawal request as soon as it is received.

The customer must then follow the instructions provided in the email to return the products. In particular, the customer has a period of 15 days from the submission of their withdrawal request to return the products in new condition (in their original packaging, unworn, unwashed) along with the order number to the following address:

12 Rue du Petit Robinson 78350 Jouy-en-Josas

If the products are not returned within 15 days from the actual receipt of the order, the order is deemed final, and no refund can be issued under the legally recognized right of withdrawal.

In case of exercise of the right of withdrawal, MP Groupe will:

Refund the customer for any amounts already paid, minus any shipping costs, under the conditions outlined in Article VII below;

Issue a credit note equivalent to the value of the returned product(s), valid for a future order placed within one year from its issuance.

VII. Refund
Refunds for products under the circumstances outlined in Articles II and VI will be made by MP Groupe within a maximum of 15 days after receiving the returned products. The refund will be made using the same payment method chosen by the customer at the time of the order or via a credit note. A €5 fee corresponding to return shipping costs will be deducted from the refund in case of a return.

VIII. Warranty
MP Groupe is liable for defects in the conformity of delivered products under the conditions of Articles L. 217-4 et seq. of the Consumer Code and for hidden defects in sold products under the conditions of Articles 1641 et seq. of the Civil Code.

1. LEGAL WARRANTY OF CONFORMITY
The following provisions of the Consumer Code are recalled:

Article L. 217-4 of the Consumer Code:

« Le vendeur est tenu de livrer un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts résultant de l’emballage, des instructions de montage ou de l’installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité »

Article L. 217-5 of the Consumer Code:

“To be compliant with the contract, the goods must:

1. Be fit for the purpose usually expected of similar goods and, where applicable:

Correspond to the description given by the seller and possess the qualities presented to the buyer as a sample or model;

Present the qualities a buyer can legitimately expect in light of public statements made by the seller, producer, or their representative, particularly in advertising or labeling.

OR

Present the characteristics mutually agreed upon by the parties or be fit for any special use sought by the buyer, brought to the seller’s attention and accepted by them.”

Article L. 217-12 of the Consumer Code:

“Action resulting from a lack of conformity is time-barred two years from the delivery of the goods.”

When acting under the legal warranty of conformity, the customer:

– Has a two-year period from the delivery of the goods to take action;

– May choose between repair or replacement of the goods, subject to the cost conditions provided by Article L. 217-9 of the Consumer Code;

– Is exempt from proving the existence of the lack of conformity during the 24 months following delivery. The legal warranty of conformity applies independently of any commercial warranty that may be offered.

2. WARRANTY FOR HIDDEN DEFECTS LEGAL
The following provisions of the Civil Code are recalled:

Article 1641 of the Civil Code:

“The seller is liable for hidden defects in the sold item that render it unfit for its intended use or impair its use to such an extent that the buyer would not have purchased it, or would have paid a lower price, had they known of them.”

Article 1648, first paragraph of the Civil Code:

“Action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.”

The customer may choose to invoke the warranty for hidden defects in the sold item under Article 1641 of the Civil Code and, in this case, may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.

IX. Applicable Law and Jurisdiction
Any order automatically implies the customer’s adherence to these CGV. These CGV are governed by French law. In case of a dispute, French courts shall have exclusive jurisdiction. In case of difficulties or complaints regarding an order, the customer may contact Customer Service to find an amicable solution, using the contact number and/or email address provided on the Site and/or by filling out the contact form on the Site.