These terms and conditions of sale are defined between:
1. The self-employed person: Alina Muller
69 route des gardes, 92190 Meudon,
SIRET : 82387489600017
hereafter called the auto-entrepreneur.
2. And any natural or legal person visiting or purchasing on this website: www.polinacouture.com,
The auto-entrepreneur is the registrant of the domain name: polinacouture.com, and manages this on line sales site.
These terms and conditions aim at defining the rights and obligations of the parties, in connection with the online sale of goods and services proposed by the auto-entrepreneur.
Purchases can be made by both professionals or consumers. There are specific conditions for consumers (namely the right of withdrawal).
These terms and conditions are visible at any moment on the website: polinacouture.com, via a click on “terms and conditions” at the bottom of pages.
1.1 “Customer” indicates any user who navigates, obtains information, books, orders and/or buys a product or a service proposed on the website.
1.2 “Consumer” indicates any natural person who is involved in a commercial relationship, for personal, familial or domestic reasons. This person must be of legal age and capacity.
1.3 “Professional” indicates any natural or moral person acting for purposes relating to his/her trade, craft, business or profession.
1.4 “Product” indicates any product proposed on polinacouture.com
1.5 “Service” indicates any service proposed on polinacouture.com.
1.6 “Site” indicates the structure and the pages -that can be used on the Internet- having datas of different nature, like texts, images, videos, databases, etc, who aim at being perused by the Customer to know the products and services available on polinacouture.com.
Fields of Applications:
The present terms and conditions fully define the rights and obligations of the parties, in the purchase and sales of the products and services proposed on the Site. They are the contractual framework of the selling, with the purchase order, the emails of confirmation, the automatic recording systems used by the Site, the invoice and the notice for shipment.
In that sense, the Customer is deemed to fully accept these terms and conditions. And the auto-entrepreneur commits on respecting her own rights and obligations.
Those terms and conditions can be modified or updated. Those to be applied are those in effect at the date of validation of the order by the Client.
Approval and Validation of the Order:
The automatic recording systems of the Site are considered as a proof of the nature, content; and date of the order. The order process is made in 2 steps:
1. the validation of the shopping cart, by clicking on “proceed to checkout” (https://polinacouture.com/en/cart/)
2. the checkout (https://polinacouture.com/en/checkout/), by clicking on “Place Order”, either after having fulfilled the details about invoicing, or after having logged into account.
This last step formalizes the sales contact between the auto-entrepreneur and the customer. It is an irrevocable acceptance of the terms and conditions, except in the cases specified in those terms and conditions, like “right of withdrawal” or “stock shortage”.
The customer is then directed toward:
– either a secure platform for on-line payment
– or information enabling to pay via check or bank transfer.
The order is complete and final once the payment is fully completed.
The non-payment of the order implies its invalidity and rejection.
The auto-entrepreneur will acknowledge receipt of the order via an email. The customer must keep this order confirmation for any future correspondence, or for the payment with check or bank transfer.
Product Availability / Stock Shortage:
All orders are accepted within the limit of available stocks. The customer is informed about the theorical stock on each Product page. This stock is only theorical, because of the very activity of the auto-entrepreneur: small and limited stock of raw materials, sales on different websites, the use of a given fabric for different products, impredictable use of raw materials because of custom makings, etc.), which makes it almost impossible to make reliable forecasts and estimates.
The auto-entrepreneur commits on completing the orders received on the website polinacouture.com, within the limits of the available stock of materials required to complete the making.
If it happens that the Product can’t be made according to order, the auto-entrepreneur will expeditiously inform the Customer, who will have then the possibility to either modify the order or get paid back. If the order includes different Products, it remains valid for all available products.
The auto-entrepreneur shall not be held responsible if the order can not be completed in the cases of shortage, product unavailability, force majeure, disturbances or strikes (namely within postal services, transportations services, communications means, flood, fire, etc.). The only obligation of the auto-entrepreneur -in case of Product / Service unavailability- is to pay-back the order, and this excludes any payment for damage.
The order will be completed within a timing of 30 days latest, starting the following day after the order and payment were definitively validated.
Informations About the Products:
Each Product placed on sale is described on the dedicated page. The photographies, videos and drawings illustrating them, aim at being as accurate as possible. They are though not binding.
The caracteristics of a Product are available on each Product listing. The Customer is requested to fully read and consider them, and ask for modifications or precisions if need be (via the button “a question? a customization?”, present on each Product listing), before ordering.
The auto-entrepreneur shall not be held responsible for the non-substantical errors that could be present in the description or presentation of the Products, its materials, compositions, contents.
The auto-entrepreneur grants the buyer in respect of latent defects that could concern the delivered products, via a replacement (e.g. of a button), or a refund. The guarantee is valid during 2 months, starting from the day of delivery to the Customer. The auto-entrepreneur can’t be considered by the customer, as responsible for any possible damages that those latent defects could have generated.
Costs and Prices:
The costs and prices are given in Euros, all taxes included.
The prices indicated on the order confirmation are definitive.
Any order must be fully paid:
– immediately when completed via credit card or via paypal;
– under a week, for the payments made by check or by bank transfer.
For the payments by check or bank transfer, the reference of the order shall be indicated in the letter with the check; and used to label the bank transfer.
The Customer grants the auto-entrepreneur that he / she has all the authorizations to use the chosen method of payment, during the validation of the purchase order.
The auto-entrepreneur reserves the right to suspend any order or delivery if the payment is refused by a body in charge of controlling its validity and completion.
The auto-entrepreneur reserves the right to refuse any order made by a Customer with whom is or was a dispute.
The auto-entrepreneur keeps the full and whole property of products sold up to the perfect payment of the order, all expenses and taxes included.
The transfer of property of a product bought to the auto-entrepreneur by the Customer for a third person will not be considered by the auto-entrepreneur. Only the original Customer may claim to accede to the clauses of the present terms and conditions of sale.
The auto-entrepreneur has no access to the credit card information. They are encrypted to ensure payment security, and are neither stored on the website nor on the server of the auto-entrepreneur.
The delivery is proposed in any country granting a full tracking from France to the final destination.
In those countries, the customer can choose either a delivery to his / her home, or to another address.
The Products are delivered to the address stipulated on the purchase order.
The auto-entrepreneur ships via a tracked letter (“lettre suivie” de la Poste), except for very lightweight items, for which it may be without tracking. The French “Lettre suivie” by la Poste is without timing commitment, and without any insurance covering loss or damage.
If a granted delivery date is needed, the Buyer shall contact the Auto-entrepreneur -prior to purchase- to check the timing feasibility.
Postal supplements are available for purchase in the store; each of them include an insurance for a given maximum amount, and a timing commitment. The timing commitment for the specific delivery address given by the Customer, can only be determined by La Poste ; and it also requires that the auto-entrepeneur formally communicated the exact day and time when order can be posted.
The postal supplements can be found in typing “colissimo” in the search bar of the Website.
The Products are considered as delivered when indicated so by the tracking service of La Poste.
The Customer must check the exhaustivity and accuracy of the information provided for the delivery to the Auto-entrepreneur, who shall not be held responsible for any mistake and related consequences in terms of timing, delivery error, etc. In that context, the cost for shipping again the parcel to the right address will ave to be fully paid by the Customer, and the re-shipping will only be made when the full payment of the re-shipping will be made.
If, for whatever reason, the parcel is returned to the auto-entrepreneur, the latter will contact the Customer. Without any feedback within a week, the order will be canceled without possible reimbursement.
If, in the case of a shipment with Colissimo and thus with timing commitment, the timing commitment is not met, the Customer has 2 possibilities:
– receive a reimbursement by la Poste for the effective shipment cost, as expressed in the terms and conditions of la Poste;
– send back the order to the Auto-entrepreneur, under the conditions defined in the following paragraph.
Delivery Mistakes – Non-conform Products – Withdrawal Right:
The Consumer has 14 days, starting from the day of delivery, to -fully or partially- return the order, ask for an exchange, and then receive a reimbursement for the products that were effectively returned.
In all cases, the Customer is responsible for the return, and will pay for its cost -except in metropolitan France. The auto-entrepreneur recommends to carefully pack the Products. The returned Products must be sent back in perfect condition and in their original packaging. They shall not have been worn, used, have any deterioration or damage or stain; they shall be in perfect condition, without any anormal smell (perfume / scent, tobacco, …).
This withdrawal right is granted without penality.
The Customer is responsible for having a proof of delivery to the auto-entrepreneur.
In metropolitan France, the cost for the return will be paid by the auto-entrepreneur, on the basis of what was originally paid to send the order to the Customer.
All reimbursements (Product cost, shipment cost, participation to the return) will be made 14 days latest after the reception of the returned products, till they were returned in perfect condition. To enable this, the Customer will communicate to the auto-entrepreneur his / her bank information (name, first name, BIC / Swift and IBAN).
If the products are not received by the auto-entrepreneur in perfect condition, the Customer is responsible for the loss of value.
The articles made to measure, personalized, or exclusively made for the buyer can’t be returned nor exchanged.
Reservation of Property:
It is stated with the Customer that the transfer of ownership to the Purchaser of products sold is suspended until full payment of the price, expenses and taxes included. Till the full payment by the Customer is completed, the sale can be cancelled as a matter of right by the auto-entrepreneur.
Notwithstanding any clause to the contrary, the present clause of ownership retention shall be enforceable against both the buyer and creditors, in line with the provisions of Article L621-122 alinea 2 of the commercial Code.
These General Terms and Conditions are subject to French law.
This will apply whether in regard to fundamental rules or to rules pertaining to form. In case of complaint or dispute, the Customer shall first contact the auto-entrepreneur to try and obtain an amicable solution