Terms and Conditions

Preamble

The following Terms and Conditions are intended to define the rules in the context of the sale of products sold on the Site.

Between the company EURL POP-LINE, the headquarters of which are located at POP-LINE D47, Lieu-dit La Chapelle 31480 Puysségur - France registered with the RCS Toulouse under the number 494 901 614 000 29, VAT number 494 901 614

and any adult person, non-commercial, with legal capacity to contract, exclusively domiciled in countries supplied by www.pop-line.com, (hereinafter “Customer”) making a purchase of a product on the website.

For the purpose hereof, it is agreed that the Client and POP-LINE will be collectively referred to as the “Parties” and individually as a “Party”.

These Terms and Conditions govern unrestricted sale of products made by pop-line.com from the Site.

POP-LINE’ reserves the right to modify at any time these Terms and Conditions by posting a new version on the Site.  The applicable Terms and Conditions are those in force on the Site at the time of placing the order by the Customer, it being understood that any order of a product offered on the Site constitutes full acceptance by the Customer of the Terms of Sale in force at the time of placing the order.

Article 1 . Object

The terms and conditions described below detail the rights and obligations of Pop-Line and his clients regarding the sale of products on the www.pop-line.com website.
All services performed by EURL Pop-Line imply unconditional acceptance of the client to these terms and conditions.

Article 2 Products

Products offered for sale by POP-LINE’ are those appearing on the Site the day of consultation by the Customer.  Each product will have a fact sheet that, in addition to photography, contains the price, sizes and colors, composition, and special features.  Minimal differences between a product and its photograph may exist, in particular according to the resolution and the definition of colors on the screen of the user.

POP-LINE’ is committed to delivering products that meet the regulations relating to safety and health in accordance with European legislation, including legislation on regulated chemicals.

Article 3 Offer Policies & Prices

Products are available for sale while stocks last. In case of order a product that becomes unavailable, the(s) client (s) will be informed of this unavailability as soon as possible by email.

The “collections” and “product pages” on ww.pop-line.com site indicates prices in euros, excluding shipping taxes. The VAT amount and shipping taxes will appear at the end on the screen with all products selected by the customer. The eventual customs fees, import tax and duties are charged to the customer

The Pop-Line EURL reserves the right to change prices at any time but products ordered are charged at the current price during registration and validation of the order.

Please note that in the case of a displayed price, which is an obviously unrealistically low price, regardless of the reason (IT bug, manual error, technical error), the order validated by POP-LINE will be cancelled and a corrected billing will be made to the Customer.

Article 4 . Order and payment of the Products

• 4.1 Placing an order

The Customer completes his order by filling in the following 5 steps :

Step 1: The Customer selects the chosen Products and adds them to the shopping basket after having selected the desired size and colour. The basket at the top and to the right of the screen shows the Customer that it has taken into account his selection by indicating the number of Products it contains.

Step 2: The Customer may check the contents of his basket by clicking on “order” to have access to the summary of his order. The Customer may change his order (Product, size, quantity). The total amount of the order, taxes included, are shown in the summary and are distinguished by the price of the Products and the delivery costs.

Step 3: Once the order has been checked and, if necessary, changed, the Customer validates his basket in order to finalise his order by re-clicking on “order”.If the Customer has a promotion code, reserved for best Customers, he must enter it in the space provided, in order to take advantage of this promotion.

Step 4: Input by the Customer for delivery and billing details.
Apart from the date of birth, address and delivery information, it is necessary that all the fields are filled in for the finalisation of the order; understanding that unless the Customer gives different instructions, the billing address will automatically be the same address for the delivery.If the Customer has previously ordered on the Site, then he has a Customer account. If this is the case, he may identify himself using only his email address and password.The Customer then checks all the information and clicks on “validate” for the follow up of his order.

Step 5: Input of banking details.

Once the mode of payment is selected, the Customer must proceed with payment of his order on the secure server, which will formalize the sales contract with POP-LINE in a firm and final manner.

Every order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.

In every case, the supply online of the bankcard number and the final validation of the order by the Customer will constitute proof of the order and current liability for the sums for the products selected in the order. This validation constitutes signature and acceptance of all the operations carried out on the www.pop-line.com site.


The Customer then accesses the screen for secure payment with the partner of The Other Store as specified in article 4.3 below.Payment carried out online is uniquely paid by credit card. The Customer must enter his credit card number, the validity date, as well as the 3 visual cryptogram numbers found on the reverse side of the card, understanding that in the case of payment with an American Express card, the Customer must enter 4 numbers. If the payment is accepted, the Customer will be redirected to the screen where the order is confirmed on the Site.

In the case where the payment fails, the Customer will have up to 3 attempts to re-enter his banking details. After the 3rd attempt, the Customer will be redirected to a screen on the Site that shows the refusal for payment. The Customer will be invited to contact the Customer service of  Pop-Line to find out the reason for the non payment, and to find a solution to finalise the order.

• 4.2 Confirmation of the order

As soon as the payment is accepted, the Customer will receive an email confirming his order, summarising the articles ordered, the billing and delivery address as well as the delivery date.

The validation of the order by the Customer and the confirmation of the order is sent to the Customer by email by Pop-Line, following the payment being accepted and concludes a sales contract between the Parties and acceptance of the General Terms and Conditions for Sales.

The Customer having placed an order has the possibility to print his invoice by connecting to the follow-up of orders space provided for on the Site. POP-LINE reserves the right to not validate an order in the case of:

- abnormal or abusive claims,

- abnormal orders with regards to the quantities ordered,

- abnormal or abusive exchanges or returns,

- existing litigation with the Customer.

The Pop-Line Customer service is available for all questions relating to the Customers order. The Customer service is available by email (sav@pop-line.com), and by telephone +33 (0)5 62 22 80 57, Monday to Friday from 10h to 12h30 and from 14h to 16h.

• 4.3 Payment

The price of purchased products is payable in full on the date the order is placed by the Customer.  Payment is made online by credit card (Visa, Eurocard, Mastercard), by Pay Pal or bank transfer at the time of validation of the order by the Customer.

In the case of a payment by credit card the request for authorization for direct debit on the card is made at the time of confirmation of the order on the Site, except in the case of unavailability of servers.  POP-LINE reserves the right to reapply for permission to debit the card in the case that the first debit could not made because of unavailability of servers.

In the event of payment default because of an incorrect address or any other problem concerning the Customer’s account, POP-LINE reserves the right to block the order of the Client until the problem has been solved.

In the case of fraudulent use of a credit card on the Site, the Customer should contact the following phone number: +33 (0)5 62 22 80 57, Monday to Friday from 10h to 12h30 and from 14h to 16h.or the following address by e-mail: contact@pop-line.com

POP-LINE uses all means necessary to ensure the safety and confidentiality of data transmitted online. To this end, the site uses a protected mode of payment SSL (Secure Socket Layer) which allows the encoding of your banking co-ordinates during their transmission on the Internet. You can see that the transmission is encrypted by software from the padlock symbol which appears in your navigator. The transaction is carried out via the French bank, Crédit Agricole which alone receives the banking information provided on the site at the time of the payment.

All information exchanged in order to process the payment is encrypted using the SSL (Secure Socket Layer) protocol.  These data cannot be detected, intercepted or used by third parties.  At no time does customer data pass into the POP-LINE computer system.  CREDIT AGRICOLE verifies that the connection with the Client’s browser is secure before sending payment form to the bank that carries out the financial transaction.

CREDIT AGRICOLE being a service provider, does not deal with disputes arising from orders which are handled directly by POP-LINE, as previously pointed out, or if necessary, by the Customer’s bank

• 4.4 Filing of an order

The confirmation of an order is registered on the records of Pop-Line, which are stored on a reliable and sustainable support. The Customer accepts that the confirmation of an order is considered to be proof of the contractual relationship between the Parties.

Article 5 • Delivery

Items are delivered by the GLS Company or any other independent carrier selected by “POP-Line” in an average delay of 3 to 5 working days in France (including Corsica) and an average of 3-15 days outside metropolitan France as soon as the confirmation of payment is validated.

This method of delivery makes it possible for the Customer to receive his parcel within 48 hours as from dispatch thanks to GLS service (excluding processing and preparation time for the order which can take from 1 to 2 days). Deliveries are carried out from Monday to friday, excluding public holidays. The charges involved for this option depend on the total weight and volume of the ordered articles.

These time frames are indicative. Any overrun of those times by carrier providers may in no case be used against “Pop-Line” or lead to some compensation or refund to the customer.

POP-LINE cannot be held responsible for delivery delays because of errors or disruptions due to transporters (including in particular in the event of a partial or all-out strike in particular of the mail services, transport and communications).

Methods of delivery outside Metropolitan France

In Europe and abroad, delivery is carried out via various transporters: Colissimo, GLS, etc. The charges involved depend on the country of destination, and the total weight and volume of the selected articles.

Article 6 • Receipt of the order – Claims – Returns

Delivery services

Products are delivered to the address indicated by the Customer on the purchase order. The Customer must check the exhaustiveness and the conformity of the information which he provides to POP-LINE. The latter cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the reforwarding of an order will be entirely the responsibility of the Customer.

Responsibility of the Customer to check parcels upon reception

POP-LINE reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as POP-LINE company of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery…) within 24 hours. and note any reserves necessary on the delivery slip in the event of partial or total deterioration. In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery.In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by POP-LINE

Any anomaly concerning the delivery (package damaged, missing items compared to the bill, late delivery etc.) will have to be notified by the customer by e-mail to contact@pop-line.com

In case of lack of conformity of an item delivered, the customer can return it to “Pop-Line” at the following address: POP-LINE D47, Lieu-dit La Chapelle 31480 Puysségur - France in its original condition, accompanied by the original packaging and invoice.

Otherwise, “Pop-Line” will not perform the exchange or refund of the defective item returned. Assuming that the return of the defective item is well-founded, “Pop-Line” will, at the customer, or, if requested by the client, the choice of “Pop-Line” in refund of the defective item or its exchange insofar as this item is available in stock, excluding any compensation.

Article 7 • Right of withdrawal

RIGHT OF RETRACTION, RETURN AND EXCHANGE

Within the framework of the sale by correspondence (without the simultaneous physical presence of the parties), according to the Article L 121-20 of the French code of consumption the Customer has, within a period of fifteen (15) working days from the date of receipt of his order to return the products, without any justification or penalty.

For all returns within the context of the right of withdrawal, the procedure below must be completely respected:

The Products must be returned in the original packaging, with their labels, and any accessories, in perfect condition to: 

POP-LINE D47 Lieu-dit La Chapelle 31480 Puysségur – France

They cannot have been worn, used or to have suffered even minimum deterioration, and in a state of perfect cleanliness. Any product which is damaged, incomplete, or whose original packing is deteriorated, will be neither refunded or exchanged.

POP-LINE recommends the Customer to return its products by Colissimo with registered delivery or insurance to the commercial value of the products, guaranteeing him, if necessary, the compensation for the products matching their real commercial value in the event of damage or loss of these goods. In all cases, the return is carried out at the Customer's own risk. It will be up to the customer to preserve any proof of return.

This right of retraction is exerted without penalty, except for the transport charges which remain at the cost of the Customer. In the event of having exercised the right of retraction, the Customer will receive a voucher for the sums paid which can be used against the next order. This voucher is valid for 6 months and is available online in the Customer's account. The Customer can also ask for the sums paid to be refunded directly. In the event of a demand for repayment, POP-LINE will make all effort to refund the Customer within 30 days.

Article 8 • Personal Data

Information of the personal data collected in connection with online sales is required; this information is necessary for the processing and delivery of orders and for issuing invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order. According to the law n ° 78-17 of 6 January 1978 relating to data processing, the processing of personal information collected on the website has been declared to the National Commission for ‘Computing and Liberties, registered under notification number (in progress). The Customer has a right of access, modification, rectification and deletion of data. To exercise this right, the customer must send an email to contact@pop-line.com

Article 9 • Limitation of Liability

By ordering on the site implies that the operational procedures on the Internet are understood and accepted, in particular with regards to technical performance, response time, connection, queries or information transfer, deconnection risk, the risk of contamination by viruses circulating on the network and in general all the risks associated with the use of the Internet network.

POP-LINE’ shall in no event be liable for any direct or indirect damage resulting from misuse or incidents related to the use of computers, access to the Internet, maintenance or malfunction of servers, the phone line or any other technical connection.  The connection of the Customer to the Site is made under his own responsibility.

Article 10 • Force Majeure

Neither of the two parties will have failed in its contractual obligations, insofar as their execution is delayed, blocked or prevented by circumstances beyond their control.

Force majeure or circumstances beyond control will be regarded as that which are external to the two parties, unforeseeable, inevitable, independent of the will of the parties, and which could not be prevented by them, despite all reasonably possible efforts.

The party affected by such circumstances will warn the other party within ten working days from the date on which the first party will have learnt of it.

The two parties will communicate with each other within a month, except if this is impossible due to force majeure, to examine the situation and reach agreement on the conditions under which the execution of the contract will be continued.

If the force majeure case is of duration greater than three months, the present general conditions can be cancelled by the injured party.

Force majeure, as well as what is defined by the tribunals of the French courts, will be considered to include the following:

- all-out strikes or partial ones, external or within the company, a blockage of supplies or transport for whatever reason, legal or governmental restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning, - breakdown of telecommunications or network works not under control of the Customer.

ARTICLE 12 – Applicable Law

If any of these Terms of Sale are void, illegal or unenforceable by a court, the remaining provisions of the Terms and Conditions remain in force.

The Terms and Conditions are executed and interpreted in accordance to French law.

In case of dispute, the Customer will address in priority POP-LINE’ in order to obtain an amicable solution and failing agreement, the courts of common law will be solely competent.


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