SAS Ponctuations has for purpose the commercialization of leather goods accessories.
he terms used within these general terms and conditions will have the signification given below :
– buyer : natural person purchasing products through the website
– seller : SAS Ponctuations
– website : www.ponctuations.com
-products : items offered for sale on the website
application and modification of the gtc
these general terms and conditions have for object the definition of the rights and the obligations of the parts in the setting of the online sale of products and services proposed by the seller to the buyer. hese general terms and conditions only apply to orders passed on our website. the seller keeps for himself the possibility to modify these general terms and conditions. in case of modification, the general terms and conditions in effect the day of the order will be applied. these general terms and conditions express the wholeness obligations of the parts. at the validation of his order, the buyer agrees without any hesitation the wholeness of the disposals planned in these general terms and conditions. no general or specific condition that might be present on the documents sent or given by the buyer can be integrated to these general terms and conditions, as soon as these documents are incompatible with these general terms and conditions.
description of the product
photos or presentations of the product cannot be contractual : the variation of colours due to the light, the use of vegetal-tanned leathers and handwork give a unique characteristic to a product. two products will always be slightly different. we always try to describe the product the best we can but it is your task to check the product fits your needs.
availability of products
the products are available in limited quantities. the restock is not automatic. at the validation of the order, the seller checks the availability of the products in stock. in case of unavailability, the seller commits to propose an exchange or a repayment within thirty (30) days.
for orders from france, the indicated prices are including all taxes prices, not including potential shipping and transportation costs. these costs are mentioned before the validation of the order and charged, except opposite mention, in addition. every not indicated tax during the process of order remains callable considering the applicable legislation, and at the exclusive charge of the buyer (for example custom duties). for orders from other countries than france, the indicated prices are excluding tax prices, not including potential shipping and transportation costs. a vat could be applied depending on the country. taxes and potential costs are mentioned before the validation of the order and charged, except opposite mention, in addition. every tax not indicated during the process of order remains callable considering the applicable legislation, and at the exclusive charge of the buyer (for example custom duties). all payments are done upfront, without possibility of spread. prices can be proposed to the buyer in a currency that does not correspond to the currency used in the country of the buyer. the buyer has to inform himself about the costs and exchange rates applicable at the moment he passed the order, mainly regarding the mean of payment he wants to use and what does the seller propose. the prices the seller presents can be modified anytime. only the price presented on the summary page at the moment the buyer orders is practical.
process of order
the buyer reads and agrees without hesitation to the general terms and conditions and all theirs terms before the validation of his order. to proceed an order, the buyer can log in through an existing account or create a new account. it is imperative the buyer communicates verifiable and up-to-date information so that the order could be well realized. are asked : nationality, first name, last name, email address, password, phone number and shipping address. when the seller has the information allowing him to (1) establish the bill of the order, (2) identify the buyer as the person who ordered and (3) to allow the seller to ship the order, the seller proposes the buyer different means of shipping. the buyer has to choose one that will be charged to him the indicated price. discount vouchers potentially applied do not apply to shipping costs, except specific free shipping vouchers. these vouchers cannot be repaid. the buyer then has to choose the mean of payment he wants to implement. except opposite mention, credit card or paypal makes all transactions on the website. the buyer can undergo specific conditions linked with the mean of payment he chooses. the wholeness of these means of payments are edited and realized by third parties. the seller has never access to the banking data of the buyer. to fight fraud, the seller implemented processes to check the order. these means can allow blocking or cancelling of an order if a fraud is detected. the seller also reserves the right to refuse to ship an order or to honour an order from a buyer with whom a dispute is under administration. in certain cases, mainly for default payments, wrong address or any other issue linked to the buyer’s account, the seller reserves the right to suspend the order until the issue is solved. the buyer will then be informed by email at the address he gave. If this cancellation does not apply, please do not hesitate to contact us. to finalise the order, the buyer will have to click on « finalize the order ». he recognizes that ordering implies an obligation to pay. the absence of payment prevents the seller from preparing the order. the seller will then communicate to the buyer an order number. your order confirmation leads to the conclusion of a contract between the seller and the buyer. an email acknowledging receipt of the order, the acceptance, the payment of the order, is sent by the seller as soon as possible to the buyer at the email address he gave during the process of order. at the same address will be later communicated a second email allowing the buyer to track his parcel.
if there is no indication or opposite agreement about the date of delivery, the seller commits to deliver the products the buyer ordered within fourteen (14) days from the payment. an overspending of this delay does not open up to damages. the delivery is realized by the transfer of the physical possession or the control of the product and will be done at the address the buyer indicated. it will be worth property transfer. the buyer acknowledges that the property transfer of the good will not take place until the seller receives the wholeness of the price. the delivery of one or many product(s) will be done either to the buyer or to the third party the buyer designated.
unavailability of the ordered good
if exceptionally the ordered good was not available, the buyer could either process to an exchange or be refunded without delay and within thirty (30) days from the payment.
do not hesitate to contact the seller if some defects, not announced on the product information sheet, can escape from our vigilance. we will then refund you or proceed to an exchange. our products are refunded or exchanged only if they are sent back to us in a perfect state within fifteen (15) from reception. both return and new shipping costs will be charged to us. the products sold by the seller are guaranteed new, in compliance with the law in force, and have never been used before.
in compliance with the french law, if the buyer is a consumer in the meaning of the consumption code and with reservation that the seller is the seller to who the buyer bought the good, the seller is both responsible for : the conformity defects of the good to the contract, in the conditions of the article l. 211-4 and following of the consumption code ; the hidden defects of the sold good in the conditions foreseen at the articles 1641 of the civil code.
legal guarantee of non-conformity
the seller is bound to deliver a good conform to the contract and is responsible of the existing conformity defects at the delivery. he is also responsible for the conformity defects resulting of the wrapping, the assembly instructions or the installation instructions if the installation was put to his load by the contract. to be in accordance with the contract, the good has to :
1° be fit for the usual purpose of a similar good and, if necessary, fit to the description given by the seller and requiring the qualities the seller has presented to the buyer in the form of sample or model ; present the qualities a buyer can legitimately expect regarding the public declarations done by the seller, by the producer or his representative, mainly by advertising or labelling ;
2° or presenting the characteristics defined by a common agreement of the parts or being suitable for any special use wanted by the buyer, brought to the attention of the seller and accepted by him. the action resulting of the non-conformity defect lapses by two (2) years from the delivery of the good.
the buyer can chose between the compensation and the replacement of the good, subject to the costs conditions foreseen by the article l. 211-9 of the consumption code. any claim expressed beyond the three (3) days from the delivery could not be accepted. the absence of claim, the non-communication of hesitations by the buyer means the delivered good is satisfying and could not be the object of a later protest.
legal guarantee due to hidden defects of the sold good
the seller is bound to the guarantee of hidden defects of the sold good which make the good unsuitable of the use it was reserved for, or which reduce so much that use the buyer would not have bought it, or would have given a lower price, if he had know them. the action resulting of crippling vices has to be filed within a period of two (2) years from the discovering of the vice. the buyer could then choose between the cancellation of the sell or a reduction of the selling price in compliance with the article 1644 of the civil code.
the buyer has the right of revocation of this contract without giving any motive within a period of fourteen (14) days. in case of revocation, please contact the seller by email as soon as possible. if the product has already been shipped, we will apply the normal conditions of a return after delivery (taking in charge of the return costs). the revocation period expires fourteen (14) days from the day the buyer, or a third part who is not the transporter and designated by him, takes physically possession of the good. to exercise the right of revocation, the buyer has to notify the seller his decision to exercise his right of revocation from this contract by a declaration without any ambiguity. the seller will send as soon as possible an acknowledgement of receipt on a sustainable support. for the revocation period to be respected, the buyer has to transmit his communication before the expiry of the revocation period.
effects of the revocation
in case of the revocation of the buyer from this contract, the seller will refund all the payments received from the buyer, including the delivery costs (excepting the additional costs if the buyers chose an other mode than the cheapest standard one) without any excessive delay and at the latest fourteen (14) days from the day the seller is told the buyer wants to exercise his right of revocation from this contract. the seller will refund using the same mean of payment the buyer used for the initial transaction, except if the buyer expressly suits another mean. at all events, this refund will not occasion fees for the buyer. the seller can postpone the refund until he has received the good or until the buyer has showed a dispatch proof of the good, the retained date being the one corresponding to the first of these facts. the buyer will have to send back the good to the seller without any excessive lateness, and at the latest fourteen (14) days from the date the buyer communicated his decision to excise his right of revocation from this contract. the period is respected if the buyer sends the good back before the expiry of the fourteen days period. the buyer will have to take to his charge the return costs. in case of partial return of an order which initial amount allowed a free delivery, shipping costs corresponding to the goods kept by the buyer will be deduced from the amount refunded by the seller, as a participation to the dispatch of the products. the seller can refuse to refund all or a part of the product in case of depreciation of the goods due to other handlings than the ones needed to establish the nature, the characteristics and the good functioning of these goods. in case of refusal, the product will be sent back to the buyer at his charge to the address he indicated when he ordered.
relative conditions of the revocation
are not submitted to the law of revocation the contracts :
– providing goods made following the specifications of the buyer or clearly personalized
– providing goods which have been damaged by the buyer after the delivery
for any reclaim, do not hesitate to contact us by email. the seller will make a point of honour to act with benevolence and transparency with all buyers, and will try to find a solution satisfying the buyer.
the fact that the seller does not insist on strictly applying one of the stipulations of these general terms and conditions does not imply his renunciation to appeal to this stipulation later.
each notification or communication between the buyer and the seller can be realized by any electronic mean and could be accepted as a proof.
except any opposite and imperative legal measure, the present general terms and conditions are subject to the french law. the appliance of this law could be replaced by the one of the country of the buyer in the foreseen conditions by the ruling n°593/2008 of 2008, june 17th about the applicable law to contractual obligations.
except opposite and imperious legal requirement, any dispute, unsolved through an amicable procedure, is submitted to the competent courthouse of jurisdiction of the paris appeal court to which competency is given, even in the cases of an emergency interim proceeding, a call for the guarantee or a plurality of defendants.
indivisibility of these general terms and conditions
if one or many stipulations of these general terms and conditions are declared invalid due to the application of a law, due to a ruling that could apply to it, or following a definitive decision of a competent jurisdiction, the other stipulations will keep their strength and impact.
these general terms and conditions are subject to the french law, in both substance and form rules. in case of dispute, the buyer will contact the seller to find a amicable solution before any action.
these general terms and conditions take effect on 2021, November 12th. the seller reserves the right to modify some elements of these general terms and conditions along the year.