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Conditions d'utilisation

Objet: General Sales Conditions

These general sales conditions govern online sales and aim to define the contractual relationship between poemotu.com and the buyer, as well as the conditions applicable to any purchase made through the poemotu.com online store, whether the buyer is a professional or a consumer. The acquisition of a product or service through this website implies the buyer's unconditional acceptance of these sales conditions. These sales conditions prevail over any other general or specific conditions not expressly agreed upon by poemotu.com.

Access to the website: The customer is responsible for providing the necessary computer and telecommunication means to access the website www.poemotu.com. The customer is responsible for telecommunication costs incurred during internet access and the use of the poemotu.com website.

Company Information:

Company Name: Poemotu SARL Single-member limited liability company with a share capital of €30,000 Registered Office: 7 rue Lekain, 44000 Nantes Registered with the Register of Commerce and Companies (RCS) of Nantes: SIREN 900282336 VAT number: FR69900282336

Contact Information: Email: contact@poemotu.com Phone: 0988362887

All products are displayed including VAT.

Products: The Tahitian cultured pearls offered for sale are systematically sold with their certificate of origin and authenticity. The precious metals mentioned in the product specifications, such as gold, are exclusively 750/00 gold, and silver is 925/00, in accordance with the current European regulations. Some findings may be made of alloy without any additional specific mention. The photographs and illustrations accompanying the products on the website have no contractual value and therefore do not engage the responsibility of the poemotu.com online store. The online store cannot be held responsible for any typographical errors or differences in color or size between the image of the products and the actual products, as the product images may appear enlarged in photographs.

Prices: The prices are presented in euros, VAT not applicable according to Article 293 B of the French General Tax Code.

Sale items: During sale periods, the items offered in the "SALE" category may be sold at a loss, but only during this period. The customer specifically purchases the discounted item and it cannot be substituted with another item. Selling items at a loss outside the products falling under this category is prohibited. The discounted item must have been present on the website for at least 30 days.

Order: Placing an order implies the acceptance of the prices and product descriptions available for sale. The customer selects one or more products from those offered for sale and presented on the website. For order management purposes, the customer must create a customer account and provide certain personal data in the mandatory fields. The use of the customer's personal data is further addressed in the "Privacy" section below. After making the selection, poemotu.com offers the customer the opportunity to validate the order summary. Before confirming the order, the customer must accept the general sales conditions and review the order details to correct any errors. Once these verifications are done, the customer proceeds to the final step of the order, choosing a payment method among those offered on the website and completing the payment for the order. The customer's order will be validly recorded only after the bank validates the payment made by the customer, following the procedure specified in the "Payment and Payment Security" section. However, poemotu.com reserves the right to refuse any order it deems abnormal, based on its origin, content, relation to a previously placed and disputed order, among other factors. Once the payment is validated, the customer will access the order confirmation page and can print the confirmation. The customer is then definitively bound by the order, without prejudice to the right to withdraw and request a refund under the conditions specifically stated in the "Withdrawal, Warranty, Refund" section below. Finally, the customer will receive the invoice by email in PDF format, with the possibility to save and print it on paper. Unless proven otherwise, the data recorded by the poemotu.com online store constitutes proof of all transactions between it and its customers. However, this does not exempt the customer from the obligation to retain, by their own means, the elements of the order.

Promotional offers: During promotional offers, the gifts sent must be returned to POEMOTU if the customer requests a refund for their purchases. Since the gift is conditioned on a minimum purchase amount, if the customer returns the item, the gift is no longer valid. If the gift is not returned, its value will be deducted from the refund.

Payment and Payment Security: The price must be fully paid on the day of the order confirmation by the customer, either as a one-time payment or in installments, as offered on the website. Any additional fees remain the responsibility of the customer. The poemotu.com online store is not obligated to deliver the ordered products if the price has not been fully paid in advance. The poemotu.com online store remains the owner of the products ordered until the full payment of the price. All payment transactions are made online through the secure banking system STRIPE (excluding PayPal) and are secured by 3D-Secure, a specialist in secure online payments. All payments on the website will be made in euros. 3D-Secure is a program created by international issuers Visa (Verified by Visa) and Mastercard (Mastercard Secure Code) to enhance the security of card payments over the internet. The authorized online payment methods are: Carte Bleue, Visa, Eurocard/Mastercard, PayPal, check, bank transfer, and installment payments with ALMA (in case of a dispute with the ALMA company, you have the option to contact the consumer mediator of AFEPAME).

Availability, Delivery, Timeframes, and Shipping Conditions: The order will be processed within a maximum of 5 days, subject to product availability after the customer's order is confirmed. It will then be shipped to the customer. An email will be sent to inform the customer of the shipment number, allowing them to track their package, which will be delivered within 2 to 4 days, unless it is a special order, such as a ring, with a specified timeframe indicated in the product description. In case the ordered product is unavailable, the poemotu.com online store will inform the customer by email as soon as possible and provide the new delivery time. If the customer does not accept the new delivery time, they will be refunded within 30 days at the latest. Shipments within metropolitan France are sent free of charge via Colissimo tracking or declared value service, while shipments outside metropolitan France are sent via international Colissimo with flat-rate fees, which will be the amount charged by La Poste minus the cost of a domestic Colissimo, ensuring fairness among customers. Delivery can only take place after the order is validated by the customer and confirmed by Banque Populaire Atlantique or PayPal. Delivery can only be made to a permanent residence. No deliveries are made to hotels or P.O. boxes. Unless otherwise specified or in the case of one or more products being unavailable, the delivery will be made in one shipment. The delivery timeframe is 2 to 4 days. The products are insured by the poemotu.com online store until delivery. If you need to return your order, the procedure is the same regardless of the value of the product(s): you must send the return by declared value

Special Orders: When the jewelry is custom-made and mounted on the chosen setting, it is not eligible for a refund. However, under certain conditions, we may offer you store credit. Please make sure to inquire about this before proceeding with the purchase.

Limitation of Liability / Force Majeure: Poemotu.com has an obligation of means for all stages of website access, the ordering process, delivery, or post-service. Poemotu.com cannot be held responsible for any inconvenience or damages inherent to the use of the Internet, including service interruption, external intrusion, presence of computer viruses, or any event qualified as force majeure. The customer is solely responsible for the choice, conservation, and use of the products. No party will be held responsible for the total or partial non-performance of its contractual obligations if such non-performance results from an event constituting force majeure, i.e., an external, unpredictable, irresistible, and insurmountable event. The following events will be considered force majeure: fire, floods, drought, storm, war, riots, insurrection, strike, or any other event beyond their control. The party invoking an event constituting force majeure (among the events listed above, without limitation) must notify the other party within seven working days following the occurrence or threat of such an event. The parties agree to consult promptly to determine the modalities for executing the order during the duration of the force majeure event. If, after one month, the Poemotu.com online store considers that it cannot fulfill the order, it will proceed to refund the amount paid by the customer.

Maintenance of General Terms and Conditions of Sale in case of Nullity of a Clause and Non-Waiver: If one or more clauses of these general terms and conditions of sale are deemed invalid or declared as such under a law, regulation, or following a definitive decision by a competent court, the other conditions will remain in full force and effect, and the invalid provision will be replaced by the nearest valid provision aiming to achieve the desired result by the parties. No total or partial waiver by either party to enforce these general terms and conditions of sale can be interpreted as definitive, and the party concerned may still rely on them in the future.

Applicable Law and Dispute Resolution: These general terms and conditions of sale and the orders placed on the website under these conditions are subject to French law. In the event of a dispute, and in the absence of an amicable agreement between the parties, jurisdiction is granted to the courts within the jurisdiction of the Court of Appeal of Nantes, France.

Free Contest: Periodically and without imposed seasonality, Poemotu offers a free contest with no purchase obligation. The duration of the contests may vary, and the start and end dates are specified exclusively on the contest itself. Participation is as follows: registration on our website, providing your name, address, email, and phone number, which will be used to send you your prize. By participating, you agree to subscribe to our newsletter, which you can easily unsubscribe from after the contest by using the provided link in the email sent from contact@poemotu.com. Poemotu cannot be held responsible for any fraudulent emails sent from another source. To play, simply add the item to the cart, with only one participation per customer account and the same name and address, and validate the cart with a total amount of 0 euros. The winner will be drawn by manually selecting a random participation voucher from all the entries collected in an urn. Once the contest is over, Poemotu will contact the winner by email within 7 days following the end of the contest and announce on social media that the winner has been contacted, inviting them to check their inbox, including spam folders if necessary. Do not respond to any emails regarding the contest that come from an email address other than contact@poemotu.com. If in doubt, you can contact us at 0988362887 or 0621728589. Poemotu reserves the right to refuse or cancel a sale without explanation if Béatrice Brothier deems the sale undesirable for the seller or the buyer.

Information and After-Sales Service: For any information, customers should send an email to the following address: contact@poemotu.com. Poemotu is committed to not transfer or sell any personal information provided during your registration. To exercise your right to access your personal information, you can contact us at contact@poemotu.com. Your customer account can be deleted upon simple request.

Host: CKOM PARIS, 4 rue Darwin, 75018 Paris, France. Tel: 0680578906.

Procedure: Are you concerned that the product may not please the person you are gifting it to? A free return voucher is included in your package, so hesitate no more! Exchanges, store credits, or refunds are possible and easy at Poemotu!

The customer must return the ordered product to the Poemotu.com online store, in perfect condition and in its original packaging, accompanied by:

The printed invoice
The certificate of authenticity (failure to return the certificate will incur a charge of €5.00, which will be deducted from the refund)
The jewelry box (failure to return the box will incur a charge of €5.00, which will be deducted from the refund)
Any gifts received with the purchase (the value of the gifts will be deducted from the refund)

Address: POEMOTU Béatrice Brothier, 7 rue Lekain, 44000 Nantes, France.

All refunds are processed within 30 days following the return of the package. The right to a refund remains exclusively with the customer who placed the order. The Poemotu.com guarantee: If a product is unsuitable, the customer has 15 days from the date of receiving the package to initiate the return.

Note: For returns from outside metropolitan France, the customer bears the exclusive cost.

In case of a refund request, the following will be the customer's responsibility: shipping fees and a deduction of €8.00 from the refunded amount.

The Poemotu.com online store will inform the customer by email upon receiving the package and accepting the exchange. Only the price difference between the first product and the replacement product will be charged or credited to the customer's account. The delivery fees for the replacement product will be billed to the customer. The return shipping fees for the first product are the customer's responsibility. The right to an exchange remains exclusively with the customer and cannot be exercised by the gift recipient.

Confidentiality: Poemotu.com acknowledges the importance of protecting the privacy of its customers and commits not to provide any collected data to third parties during the sale.

Website Operation and Intellectual Property: Béatrice Brothier holds the rights to operate the website. The use of all or part of the website, including downloading, reproduction, transmission, representation, or distribution for purposes other than personal and private use for non-commercial purposes, is strictly prohibited. In accordance with these principles, only the downloading of product sheets for private or non-commercial purposes is authorized.

Host: CKOM PARIS, 4 rue Darwin, 75018 Paris, France. Tel: 0680578906.