POGGIO Terms of Sales

Update date: 2023

These conditions govern the sales and use of the Poggio.cc online sales site, published by the company: L & A INVEST, RCS number: Cannes B 841 448 905 of specialized products and derivatives of the Poggio brand.

Any order placed on the site implies the purchaser’s unreserved acceptance of the conditions in force on the date of registration of the order.

Poggio reserves the right to modify these terms at any time by posting them on the Poggio.cc website. Changes and clarifications will take effect immediately upon posting to the website.

Product Information:

All products offered for sale on the Poggio.cc website are described in detail on each corresponding page. Poggio always strives to describe and present the products and their characteristics as accurately as possible through photographs and detailed written descriptions. The customer is required to read it before placing an order. Poggio makes every effort to provide quality images and descriptions, but unfortunately cannot guarantee the absolute accuracy of the colors and details of the images on the website. Slight differences may appear depending on the Internet browsers or screens used (images may be resized to fit the screen or due to the photographic techniques used). In addition, Poggio applies a policy of continuous improvement of its products in order to offer what it considers to be the best quality-price ratio. Poggio also works with various suppliers to secure supplies. These suppliers, having their own production standard, may cause differences deemed minor and without quality deviations by the Poggio technical department. For these reasons, Poggio reserves the right to modify the characteristics of the products, prices, packaging and any related service at any time and without notice. Before placing an order, the Poggio company asks its customers to carefully check the details of the products in order to be aware of the latest possible updates. Finally, the price of the products presented on the website does not include the shipping costs of the order or any additional costs that will be indicated to the customer when placing the order. These shipping costs vary according to the delivery address, weight and volume of the products.

Price:

The prices indicated on the site are in euros all taxes included for the countries of the European Union, excluding any processing and shipping costs which will be detailed on the summary of the order before its validation.

For any order placed to a country other than metropolitan France, the customer is considered to be the importer of the product and customs duties or other local taxes or import duties or state taxes may be payable by the country of origin. ‘import. These rights and sums will be the sole responsibility of the customer and are his full responsibility, both in terms of declarations and payments to the competent authorities and bodies of the country.

All orders, regardless of the country of origin of the order, are payable in euros.

Poggio reserves the right to modify its prices at any time. The price invoiced will be based on the rate in force at the time of validation of the order and subject to availability.

Poggio authorizes the application of discounts, on specific articles, within the framework of sales periods, private sales or destocking. These discounted prices will only be applicable to products available in stock on the date of the order and cannot be granted retroactively on orders placed before the implementation of the discount.

The ownership of the products remains with Poggio until full payment of the price.

In addition, any risk related to the products (damage, loss, etc.) will be transferred to the purchaser as soon as he takes physical possession of the products ordered.

Customer’s obligation:

The customer declares and warrants:

– Being a consumer within the meaning of art. introduction to the Consumer Code,

– Be of legal age and capable, not acting as a professional,

– that the data provided for the purposes of executing the order (contact details, personal data and any other information useful to the order) are true and correct.

Order :

The customer wishing to place an order for Poggio products, connects to the site, selects the desired products and validates the order. He can then proceed to the payment after having accepted the general conditions of sale. To do this, he connects to his account by entering his username and personal password, or fills in the information necessary to create the latter. The provision and recording of personal information provided in the context of distance selling is mandatory. This information is required for processing, delivery and issuing invoices.

The Customer must contact Poggio.cc customer service if they wish to cancel their order. This cancellation may be made free of charge at any time before the shipment of the Products. After shipment, the products must be returned to Poggio under the Retraction / Return article.

The Poggio company may not register a payment, and not confirm an order in the event of a supply problem, difficulty in processing the order or for any other reason whatsoever in order to avoid any risk of dispute with the customer.

Limited and ephemeral series in pre-orders:

The Poggio.cc site offers limited and ephemeral series for pre-order, the realization of which is linked to a minimum order target. The customer is informed that if this objective is not reached at the end of the deadline for the operation, he will be reimbursed for his entire pre-ordered purchase within fourteen (14) days from the cancellation of the Pre-order, and the production of the pre-ordered article will not be launched. In addition, the production quantities being limited to the pre-ordered quantities, the customer acknowledges that he cannot change size after receipt. However, the customer retains his right

Limited and ephemeral series in pre-orders:

The Poggio.cc site offers limited and ephemeral series for pre-order, the realization of which is linked to a minimum order target. The customer is informed that if this objective is not reached at the end of the deadline for the operation, he will be reimbursed for his entire pre-ordered purchase within fourteen (14) days from the cancellation of the Pre-order, and the production of the pre-ordered article will not be launched. In addition, the production quantities being limited to the pre-ordered quantities, the customer acknowledges that he cannot change size after receipt. However, the customer retains his right of withdrawal described in the relevant paragraph. As with orders, any pre-order will be confirmed upon validation of the order by the Customer and implying the acceptance by the Customer of the GCS and the essential characteristics of the Products. In the event of a Pre-order, the sums paid in advance by the Customer do not constitute a deposit, within the meaning of article 1590 of the Civil Code.

Payment :

The validation of the order commits the customer who has the obligation to pay the total amount of the products ordered

Payment for purchases is made by credit card using the SSL SECURE SHOPPING secure system via Stripe.

The debit is made as soon as the order is validated.

The customer undertakes to provide correct and truthful information useful for the execution of the transaction.

Following the validation of the order, the customer reserves an email on the registered address summarizing the items ordered as well as the details of the prices and costs associated with the transaction.

Availability :

The Customer acknowledges and accepts that the information indicated on the site concerning the availability of items is not updated in real time, taking into account in particular any simultaneous orders placed on the site, and that, consequently, the actual availability of the various products may vary from the information shown on the site. In the event of unavailability of a product after registration of your order, POGGIO customer service will inform you by email. He will offer you an alternative solution or your order will be automatically canceled and you will be refunded.

Withdrawal / Return:

The consumer has a period of fourteen days, from receipt of the product, to exercise his right of withdrawal from a contract concluded at a distance, without having to justify his decision. Returned items must be in the original packaging and must be in the same condition as they were received, i.e. unwashed and unused, free of scuffs, scratches, stains or hair and always with their tag. The items must be packed in their original bag and protected by a cardboard box to avoid any damage during return transport, so that they arrive in the same condition as the original one. This will allow for smooth and trouble-free processing of the return. Products that are damaged or do not meet the requirements mentioned above, may lead to a rejection of the request for the right of withdrawal. Return costs are your responsibility. Finally, if the package is lost or damaged when returning the product, the cost of the damage is the responsibility of the customer, it is therefore recommended that the customer use a tracked shipping service.

The Customer must return the product without undue delay and, in any event, no later than fourteen days after communicating his decision to withdraw, to the following address: [to be completed].

The Customer may exercise his right of withdrawal by sending a written notification by e-mail indicating the order reference and the reference of the product concerned to POGGIO customer service within the period indicated above.

In the event of validation of the withdrawal procedure, POGGIO will refund the sums paid, within 14 days of receipt of the products using the same method of payment as that used for the purchase. If the returned product was paid for in a currency other than the euro, the refund is made in the same currency as the purchase. Due to variations in exchange rates between the euro and other currencies, the amount reimbursed may be higher or lower than the price initially paid.

Finally, POGGIO is authorized to apply processing fees to unauthorized returns or returns containing one or more products not eligible for the right of withdrawal. In accordance with the provisions of article 121-21-28 of the consumer code, it is reminded in particular that the right of withdrawal does not apply to the supply of goods made according to the specificities of the customer or clearly personalized such as products custom-made or altered or to the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

 WARRANTY AND DEFECTIVE PRODUCTS:

All our products benefit from the legal guarantee of conformity provided for in articles L.217-4 and following of the consumer code as well as the legal guarantee against hidden defects devoted to articles 1641 and following of the civil code. The customer can exercise these guarantees by sending a request to POGGIO customer service using the complaint form made available on its site.

Legal guarantee of conformity

As part of the legal guarantee of conformity, Poggio reminds you that you:

– have a period of two (2) years from delivery of the product you ordered to act against it;

– can choose between repairing or replacing the product you ordered, subject to the cost conditions mentioned in article L. 217-9 of the consumer code. In the event that the repair and replacement of the good is impossible, you can return the good and have the price refunded to you or keep the good and have part of the price refunded to you;

Legal warranty against hidden defects

In addition, you can decide to implement the guarantee against hidden defects in accordance with the provisions of article 1641 of the civil code. In this situation, you can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the civil code.

Reminder of legal provisions

Article L. 217-4 of the Consumer Code

The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code

The good is in conformity with the contract: 1/ If it is suitable for the use usually expected of a similar good and, if necessary: ​​- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2/ Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and which the latter has accepted.

Article L. 217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the goods.

Article L. 217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the civil code

The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.

Article 1648 paragraph 1 of the civil code

The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Delivery :

The products will be delivered to the delivery address that you have indicated during the ordering process. The delivery time will be linked to the delivery options chosen on the order validation page. In the event of a delay in shipment, POGGIO customer service will send you an email to the address indicated when placing your order to inform you of the new expected time.

. In the event of deliveries by a third-party carrier or not, POGGIO cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several appointment proposals or by delay in the delivery process of the third-party carrier.

POGGIO prepares the order:

– within 72 hours (excluding weekends and public holidays) from the confirmation of the order by Poggio when the product is in stock;

– within 72 hours (excluding weekends and public holidays) from the replenishment of stock in the event of temporary unavailability.

POGGIO ships these items with recognized carriers such as Colissimo, DHL/FedEx…. in the whole world. The shipping rates are indicated during the validation of the order when selecting the shipping method.

The delivery of the articles is carried out by the courier to the delivery address defined by the Customer at the time of the order or in relay. All information required for delivery must be completed correctly. POGGIO cannot be held responsible in the event of delivery failure due to an incorrect address or telephone number. All additional costs resulting from complications during delivery or non-delivery will be borne by the Customer.

The delivery of the products can be followed online through the tracking and site of the selected carrier.

Promotion :

Discount codes cannot be combined with other promotions or discounts, unless otherwise stated. They are temporary and cannot be applied outside their validity period.

Responsibility :

Poggio will only be liable for direct damage to the exclusion of any indirect damage. Poggio cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses; in the event of non-performance or poor performance of the contract due either to the fault of the customer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.

The customer is solely responsible for the direct or indirect damage that he is likely to suffer as a result of inaccurate, incomplete, and/or misleading information that he provides when placing his order or in the absence of an update. of this information, for which he bears the consequences alone.

The risks of loss or damage to the products are transferred to the customer when he or a third party he has designated takes physical possession of the product.

By express agreement, the data of the carrier, the order, the payment intermediary or the customer’s account will constitute the main mode of proof between the customer and Poggio.

In all cases of non-fulfillment of obligations by the customer, the price paid for the order remains acquired by Poggio as compensation.

 Applicable legislation:

Poggio products comply with French legislation. Poggio cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is the responsibility of the purchaser to check with the local authorities the possibilities of importing or using Poggio products or services. Furthermore, Poggio cannot be held liable for damage resulting from improper use of the product or its packaging.

These general conditions are subject to French law. In the event of any discrepancy between the French version of the general conditions and one or more version(s) in foreign languages, the French language version shall prevail.

In the event of a dispute or complaint, the Customer will first contact POGGIO.cc customer service to obtain an amicable solution.

French legislation provides that any consumer may have free recourse to a consumer mediator with a view to the amicable resolution of a dispute with a professional. Consumer mediation applies to any national or cross-border dispute between a consumer and a professional in the context of the performance of a sales or service contract. For more information, consult the following link: https://www.economie.gouv.fr/mediation-conso

In the event of failure of mediation, these conditions are governed by French law, and any dispute will be submitted to the French courts.

Computers and freedoms:

In order to provide the services offered on the Site Poggio.cc is required to process personal data concerning you, in particular those which will have been collected during your registration on the site, or when placing your order.

This information and data is strictly necessary for the management of orders, the execution and monitoring of commercial relations, as well as for internal statistical purposes. This data may be transmitted to companies that participate in these relationships (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also kept in order to pursue the objectives of security, identification, improvement and personalization of services.

The Customer has at any time a right of access, rectification and opposition to the personal data concerning him, under the conditions provided for by the law of January 6, 1978. To do this, he simply has to send an email to contact@poggio.cc and the necessary arrangements will be made immediately.

We invite you to consult our Privacy Policy for more information on the use of personal data by Poggio.

Poggio may be required to disclose your personal information if the law requires it to do so or if you violate the General Conditions of Sale which govern the site.

THIRD PARTY LINKS and Intellectual Property:

In general, third-party providers will only collect, use and disclose your information to the extent necessary to perform the services they provide to us.

However, some third parties, such as payment gateways, have their own privacy policies regarding the information we are required to provide to them for your purchase transactions.

In addition, certain content, products and services available through the Poggio.cc site include elements from third parties.

Links from these third parties may redirect you to websites that are not affiliated with Poggio and may be located or have facilities located in a jurisdiction different from yours or ours. Poggio, being unable to examine or evaluate the content or accuracy of these sites, does not guarantee and assumes no responsibility for the content of these websites, the products and services or other elements accessible on or from these sites.

Poggio cannot be held liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with these third-party websites. It is the buyer’s responsibility to carefully read the policies, terms and conditions of sale and practices of third parties and to ensure that they understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding such third party products should be directed to such third parties.

Any technical link between a third-party website and the Poggio site must obtain the prior written authorization of Poggio.cc. Establishing the link does not in any way imply the existence of a relationship between Poggio. and the owner of the site that established the link, nor Poggio’s acceptance or approval of its contents or services.

The website on which the link is established after authorization by Poggio, will not contain any trademark, name, logo, slogan or other distinctive signs belonging to Poggio, without the prior written authorization of the Poggio company.

Finally, all the elements of the Poggio.cc site are the intellectual and exclusive property of the Poggio company. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether software, visual or sound.

COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS:

The Poggio.cc site offers interactive content to its customers who may submit design proposals or creative content through comments, e-mail, mail, or other means of communication. By this means, the customer grants the rights, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use and in any media without prior authorization. Poggio will not and shall not be required to maintain the confidentiality of any such materials or to pay compensation to anyone for their use.

In addition, the customer agrees to write comments:

– respectful that does not violate the rights of third parties, including copyright, registered trademarks, confidentiality, personality, or other personal or property rights.

– not including any element whose content would be illegal, defamatory, offensive or obscene.

– that will not incorporate any computer virus or other malicious software that could in any way affect the operation of the site, affect its customers or any other associated website.

Using false e-mail addresses, pretending to be someone they are not, or attempting to mislead us and/or third parties as to the origin of any comments is strictly prohibited. The customer is fully responsible for all comments he publishes as well as their accuracy. Poggio assumes no responsibility and disclaims any commitment for any comments that the customer or any other third party publishes. Poggio may take legal action against anyone (natural person, legal entity or company) who fails to comply with these commitments.

Finally, regarding the content of reviews and comments that customers post on the Poggio.cc site, the Poggio company may, but without any obligation to do so, monitor, modify or delete the content it deems, at its sole discretion, be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any intellectual property or these Terms of Service.