CGV
Introductory Article
POESYS is a limited liability company with a capital of 5.000€, whose registered office is located at 1 route de la Barre, 27390 St Pierre de C., and registered in Bernay under the number 911212694. POESYS’s EU VAT number is FR02911212694.
POESYS designs, develops, promotes and commercializes cosmetic products under the brand name FUNICULAIRE registered the 20th of May 2021 with INPI under the number 4768765.
In order to present, promote and commercialize its products, POESYS has set up its own information and online sale website.
The products are described on the website : https://www.funiculaireparis.com/
These General Terms and Conditions of Sale (hereafter referred to as “T&C”) apply to orders made by final consumers on the e-commerce site of POESYS.
POESYS sells the products available on its website to retail customers and end users only.
Any order that does not correspond to a retail sale and, more generally any fraudulent or presumed to be fraudulent order, will be considered by POESYS as null and void.
These General Terms and Conditions of Sale (hereafter referred to as “T&C”) regulates the rights and obligations of the Parties that result from online sale of the products FUNICULAIRE (hereafter referred to as the “Products”)
All orders placed imply the Customer’s full acceptance of these T&C, without any reservation or restriction of these General Terms and Conditions of Sale.
By the sole fact of confirming an order, the Customer declares having read, understood and accepted, without reservation the terms of the said order.
Article 1. Définition
« Customer(s) » refers to the user(s) that navigate the website and make an online purchase of the Product(s) for their personal use.
« POESYS » refers to the company POESYS.
E-mail for contact : on the website via « contact us » or directly at bonjour@funiculaireparis.com
POESYS is the editor of the website https://www.funiculaireparis.com/
Mrs Sophie O’RAHILLY, as the executive director, is the director of publication.
The company SHOPIFY INC, headquartered at 126 York St. Ottawa, ON K1N 5T5, Canada is the website’s hosting company.
« General Terms & Conditions of Sale » refers to the terms and conditions for the sale of Products on this website.
« Party/Parties » refers alternately or collectively to POESYS and/or the Customer(s).
« Product(s) » refers to the products available to purchase on the website of POESYS.
« Website » refers to the e-commerce website of POESYS, accessible by internet network to the following address : https://www.funiculaireparis.com/
Article 2. Purpose of these General Terms & Conditions of Sale
These General Terms & Conditions of Sale are intended to define the online sale terms of the Products by POESYS to the Customers, as well as the rights and obligations of the Parties generated by the online sale of the Products on the Website.
The General Terms & Conditions of Sale are available at all times to the Customer on the Website via the page called “General Terms & Conditions of Sale/T&C”, a link to the page can be found on the bottom of every page of the Website.
By ordering a Product on the Website, the Customer agrees, by ticking the box intended for this purpose “By submitting your order you agree to our General Terms & Conditions” or any other heading carrying the same action, to have read the T&C in effect on the day of the order before the ordering and to have accepted them without restriction, this acceptance is by no means conditioned by a written signature of behalf of the Customer.
The Customer can, at all times, save and print these General Terms & Conditions of Sale by pressing “Print” on their browser or by any other means at their disposal.
POESYS reserves the right to update at any time these Conditions Terms & Conditions of Sale. In case of modification to the T&C, those that apply are the ones in effect at the time of the order.
These General Terms & Conditions of Sale shall apply to any and all online sale executed on the Website, excluding any other document, and notably the conditions applicable to store sales or to other means of distribution and commercialization networks.
Article 3. Products
3.1. Description of the products
The Products offered for sale by POESYS are those that appear on the Website, on the day of the viewing of the Website by the Customer, and within the limits of available stocks. POESYS reserves the right to withdraw Products from sale at any time.
POESYS takes great care of the presentation of its Products on the Website. However, the photographies that illustrates the Products are only indicative and are in no way contractual.
Indeed, if every effort is made to ensure that the colors of the Products, including the photos which are displayed on the Website, are faithful to the original products, variations (in particular slight differences in color and proportion) may occur, in particular due to the technical limitations of color renderings of computer equipment.
For any question relating to the purchase of the Products and their use, or request for advice, the Customer may contact the POESYS Customer Relations Department :
- via the contact form available on the Website
- by e-mail to : bonjour@funiculaireparis.com
3.2. Products Availability
The Products are offered within the limits of available stocks. POESYS does not guarantee the availability of the Products presented on the Website. In the event of unavailability of one or more of the Products ordered, the Customer will be informed as soon as possible by e-mail of the unavailability of the Product(s) and of the cancellation of their order.
The Customer will be refunded for their purchase within fourteen (14) days.
In the event of total cancellation of the order, for unavailability, the Customer’s order will be automatically cancelled.
In the event of partial cancellation of the order for unavailability :
- the order of the Customer will be validated ;
- the Customer will be informed as soon as possible by e-mail of the unavailability of the products concerned ;
- the Customer will be delivered of the available products and refunded for the unavailable products within fourteen (14) days.
Article 4. Price
Product prices are firm. They are indicated in euros. The price in effect is the one indicated for each Product on the Website. The prices on the Website include VAT. They are only valid on the date the Order or Pre-Order is placed by Customer.
Prices do not include delivery costs, which are charged seperately. Such costs are detailed before the Customer confirms their Order or Pre-Order. Prices include VAT at the rate applicable on the date the Order or Pre-Order is placed, with any change to the rate of VAT being automatically reflected in the prices of the Products on the Website. Orders and Pre-Orders must be paid for in full when placed. Under no circumstances may amounts paid be considered a deposit. These prices are guaranteed, except in the event of typographical or printing errors.
The prices of Products to be shipped outside of the European Union and French overseas departments and territories (DOM-TOM) will exclude VAT. In such cases, the Customer is considered to be importing the Product(s) in question. Where customs duties, import taxes or similar are applicable due to the geographical destination of the Product(s), these must be paid by the Customer. As such, the Customer is advised to check this and complete any necessary formalities before placing their Order or Pre-Order.
In the event where the Customer refuses the package due to additional customs fees or other taxes invoiced upon reception of the package, POESYS reserves the right to invoice the amount of these customs fees or other taxes initially due by the Customer up to 50 euros.
The different shipping methods are provided for below in the General Terms & Conditions of Sale and may be modified at any time by POESYS. However these modifications will not affect the orders that the Customer had validated before the modifications come into effect.
The price invoiced to the Customer is the price indicated during the order confirmation, displayed on the Website during the order confirmation and sent by e-mail by POESYS.
POESYS reserves the right, which the Customer accepts, to modify its prices at any time, without any other formality than to modify the prices on the Website. However, the modifications will not affect the orders that the Customer has validated before the modifications come into effect, within the limits of available stocks.
Article 5. Title rentention and transfer of risks.
The Products ordered remain the property of POESYS until full reception of payment due by POESYS, including the main value of the Products and any costs and taxes appearing on the invoice, regardless of the date of delivery of the Products.
The transfer of risks of loss and deterioration of the goods is transfered to the Customer upon reception of payment of their order by POESYS.
The Customer must take all useful precaution to ensure the delivery, maintenance and perfect preservation of the products.
Article 6. Order Method
6.1. Website browsing
The Customer can find out about the various Products offered for sale by POESYS on the Website.
The Customer can browse freely on the different web pages of the Website without any obligation to make any purchase.
6.2. Order conditions
It is specified that the Products are intended for the personal use of the Customer, without any direct relationship with the latter’s professional activity.
To place an order on the Website, the Customer must have the legal capacity and be the holder of the bank card. The Customer must warrant that the payment details they provide on ordering are both valid and correct and they must confirm that they are the person referred to in the billing information provided.
POESYS cannot under any circumstances be required to verify the legal capacity of its visitors and Customers of the Website. Consequently, if a person without legal capacity ordered items on the Website, their legal representatives would assume full responsibility for this order and should in particular honour the price.
6.3. Order process
In order to place an order, the Customer must carry out the following steps :
- Fill the virtual basket by clicking on the “Add to basket” button or any wording with same action and indicating the selected Products and the desired quantities.
- Check the shopping cart and modify, if necessary the quantities desired for each Product.
- Click on the “Finalise your order” or any wording with the same action.
- Fill in the information for delivery (full identity, e-mail address, telephone number, delivery details, digicode and/or generally any mandatory information imposed by the order form).
In the event of Customer errors in the information provided, POESYS may cancel the order. In any event, POESYS cannot be held responsible in the event of incorrect delivery of Products or failure to deliver Products.
Please refer to POESYS’s Privacy Policy for more details on how POESYS collects and processes your personal data by going to te “Privacy – Personal Data” page accessible at all times from an eponymous link located at the bottom of all pages of the Website.
- Specify wether the Customer wishes to save the address entered in the account’s address book by clicking on the “Save the address in your account” or any wording with the same action. Fill in the billing address if it is different from the shipping address.
- At the end of the ordering process, the Customer is invited to choose his method of payment and to tick the box “By validating your order, you accept the General Conditions of Sale” or any wording bearing the same action.
- The Customer is then invited to click on the “Finalise the payment” icon or any wording bearing the same action. By clicking on this button, the Customer is redirected to the payment service provider SHOPIFY and to provide the information needed, including bank details.
At this time, the Customer will have the possibility (but not the obligation) to register the bank details and create a customer account on the Website by clicking and completing a form. The Customer will receive a confirmation e-mail containing a validation link for said customer account. When creating an account, the Customer chooses a username and password, which they must keep confidential.
At any time, the Customer will be able to delete this account.
This does not constitute acceptance by POESYS of the Customer’s order and a Contract between the Parties is not formed until the order is validated by POESYS as explained below.
Until the « Finalise the payment” step or any wording bearing the same action, the Customer can modify their order by clicking on the back arrow located on the top left of the screen or by clicking on “Return to basket” or “Modify the order”, or any label with the same action, in the summary block on the right of the screen. The Customer will be redirected to their basket where they can modify the content of their order.
From the moment the Customer clicks on the “Payment” icon, or any wording bearing the same action, they will no longer be able to cancel or modify their order.
If at any time the server is unavailable, POESYS will not be able to accept orders through the Website and assumes no liability to the the customer for their inability to place an order.
6.4. Final validation of the Order – Formation of sales contract
Following the validation of the payment by the Customer, an e-mail containing the confirmation of the acceptance of the order, the validation of the payment and a tracking code will be sent to the Customer by POESYS. The confirmation of the order includes the summary of the products ordered, the price, the transport costs, the order number.
The validation of the payment by the Customer and the e-mail confirmation of the acceptance of the order by POESYS shall constitute proof of the acceptance of said order and its final validation. These elements will constitute an obligation of payment of the Products appearing on the order.
6.5. Refusal of order
POESYS reserves the right to refuse any order in the event of :
- Existing dispute with the Customer,
- Total or partial failure to pay a previous order by the Customer,
- Refusal to authorise payment by credit card from payment organisations including SHOPIFY, service provider used by POESYS to detect credit card fraud,
- Abnormal nature of the order, in particular in the event of an order for unusual quantities and/or amounts for an end consumer,
- Errors in the informations provided by the Customer at the various stages of the order process (invoicing, payment, delivery) such as but not limited to : inaccurate names, inaccurate or incomplete address, scheduled delivery to a hotel or PO box.
6.7. Pre-order
The Customer will have the possibility of pre-ordering the Products when that possibility will be displayed on the Product sheet on the Website.
The delivery date of the selected product will be mentionned on the Product sheet.
Article 7. Archiving and proof of contract
The Customer consents that the interactions between the Parties are done by e-mail. The storage on the computer systems of POESYS of the order, the confirmation of the acceptance of the order and any interaction between the Parties will be considered as proof of the sales contract.
The computerized registers kept in the computer systems of POESYS and its partners will be considered proof of the communications, orders and payments made between the Parties.
Invoices relating to orders are archived by POESYS for 10 years after the end of the accounting year.
At any time, the Customer can access the details of their orders placed by logging into their personal account – if they have created it – available at any time on the Website.
Article 8. Payment
Unless the web server is unavailable, the Customer will pay for their order after the final validation of it on the Website, by one of the means of payment offered by the Website.
Payment by bank card
At the time of validation of the order, the Customer will be asked to enter their card number, its expiry date, the name of the cardholder and the visual cryptogram (the last three or four numbers entered on the back of the credit card).
Payment is made via the secured server of SHOPIFY, an operator for secured payments. This means no banking information regarding the Customer passes through POESYS. Payment by credit card is therefore completely secured.
All orders are payable in euros, all taxes and mandatory contributions included.
The bank card is debited at the time of validation of the order and the verification and authentification processes of SHOPIFY.
Payments by checks are not accepted.
The Customer certifies to POESYS that they have the necessary authorizations to use the method of payment chosent at the time of validation of the order. If the bank refuses, the order will be automatically cancelled.
Purchase invoices will be sent by e-mail to the e-mail address given by the Customer when registering their order on the Website. Purchase invoices will be available in the “My Account” section, or any wording bearing the same action, on the Website for Customers who have signed in on the Website.
Who is SHOPIFY ?
As part of the fight against internet fraud, order information is controlled by the payment partner chosen by POESYS : SHOPIFY Inc., Canadian company registered on TSX and NYSE under the number 426160-7 and whose registered office is at 151 O'Connor Street, Ottawa, Ontario K2P 2L8, Canada.
This company is responsible for processing payment, storage and automated processing of information relating to each order, including bank card details, in a secured environment.
Informations relating to orders are subject to automated data processing for which SHOPIFY is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against payment fraud and in particular against bank card fraud.
SHOPIFY and POESYS are the recipients of the data relating to the Customer’s order. The failure of transmission of data related to the Customer’s order prevents the completion and analysis of transaction.
The occurrence of an unpaid amount due to fraudulent use of a bank card or other means of payment will result in the registration of the contact details in connection with the order associated with this unpaid amount. An irregular declaration or anomaly may also be subject to specific processing.
The Customer has the right, at any time, to access, modify and delete their own personal data by writing to POESYS, providing proof of their identity, via the contact form available on the Website and/or by writing to the e-mail address : bonjour@funiculaireparis.com.
Article 9. Delivery
9.1. Delivery address
The Products ordered by the Customer in accordance with these General Conditions of Sale will be delivered to the address given by the Customer as the delivery address when ordering, located in the following countries :
- Metropolitan France (including Corsica), Belgium, Monaco, Switzerland, Luxembourg, Republic of Ireland, United States of America.
This list is likely to be expanded.
For any request outside of these countries, the Customer must contact POESYS.
9.2. Delivery cost / Delivery times
Express delivery costs are offered by POESYS for all orders.
Regarding express delivery, the maximum delivery time for the order is 1 to 4 business days from the day the order is processed by customer service, i.e. the very day of the order (date and time of metropolitan France) if the order occurs on a business day in France, or the first business day following the date of the order. When the term “business day” is used, it excludes Saturdays, Sundays and public holidays. Delivery times vary according to the geographical zone of the delivery address.
The name of the carrier is sent by SYMPL to the Customer at the time of shipment, along with the tracking number of the package.
Article 10. Reception of the products
The Customer undertakes, upon delivery of the Products, to check the conformity and condition of the packaging of the Product as well as the conformity of the Product itself.
In the event of an anomaly regarding the delivery, in particular deterioration or partial loss of the product, missing products, late delivery, etc., the Customer must imperatively make reservations, upon reception, which must be immediately brought to the attention of the carrier.
In the event that the Customer has reported a missing product or a delay in the delivery, an investigation with the carrier will be set up.
In the event of a missing product, if it is found before the delivery date indicated, the Product may be redirected to the place of delivery mentionned in the order form.
In the event of a damaged product, a new Product may be resent to the delivery location indicated in the order form.
If the new delivery is not performed within a reasonable additional period, the Customer may terminate the contract via an unambiguous declaration made via the contact form available to them on the Website and/or at the following e-mail address: bonjour@funiculaireparis.com.
The sales contract will be considered resolved upon receipt of the Customer’s request by POESYS informing POESYS of their decision (unless POESYS has taken charge of the procedure in the meantime).
In such a case, all the sums paid by the Customer will then be returned to them in the form of a refund as soon as possible and at the latest within fourteen days following the date on which the contract was terminated.
Article 11. Withdrawal right and return of items
In accordance with the provisions of Article L.221-18 of the french Consumer Code and of the European Directive No. 2011/83/EU of October 25, 2011 relating to consumer rights, the Customer has a period of fourteen (14) days, from the reception of the Products ordered on the Website, to notify POESYS of their desire to exercise their right of withdrawal via an unambiguous declaration including the reference and the number of returned products by any means or via the contact form available to them on the Website or via the withdrawal form available to them at the end of these General Conditions of Sale or at the following e-mail address : bonjour@funiculaireparis.com.
From the exercise of this right, the Customer has an additional period of fourteen (14) days to return, at their own expense, the Product(s) they have ordered if said product(s) does/do not give them satisfaction.
However, in accordance with the provisions of Article L.221-28 of the french Consumer Code and Article 16 of the European Directive No. 2011/83/EU of October 25, 2011 on consumer rights, this right of withdrawal cannot be exercised for the Product(s) made according to the Customer’s specifications or the Product(s) that have been customised, nor for the Product(s) that have been opened and/or unsealed and/or used after delivery and which cannot be returned for hygiene and health protection reasons (in particular cosmetic and make-up products).
The Customer must return the Product under the same conditions as those in which they received it (including gifts, cards and any other complimentary item).
The Product(s) must be returned in its/their original unsealed packaging and delivery packaging, with any means of protection possibly present originally in order to allow a remarketing of the Product(s) in mint condition.
The Products cannot be tested and must be in new condition, unused, undamaged, unsoiled and untested.
To ensure maximum protection for the items, the Products must be repositionned in the original package, resistant to the various transport tests.
POESYS reserves the right to refuse the return if the returned Product Is unfit to be put back on the market in new condition (Product returned incomplete, damaged, for example).
The return of the Products must be accompanied by the return form downloadable at the following address : https://retour.sympl.fr.
The Customer may choose to exchange their items, request a credit note or be reimbursed for all or part of their order from the moment POESYS validates the return conditions.
All packages must be returned to the following address
SAS DAT / SYMPL
1 rue jules Valles
95670 Marly La ville
FRANCE
The return costs are the responsability of the Customer, except in the event of lack of conformity of the products delivered with the Order (in this case, the return costs are the responsibility of POESYS).
POESYS does not accept postage due packages.
Any risk related to the return of the Product(s) is the responsibility of the Customer. POESYS recomments that their Customers subscribe to a package tracking option in order to avoid any inconvenience in the event of loss or theft of the Product(s) during return transport.
If the aforementioned conditions are met, POESYS will refund the Customer, by the same means of payment that was initially used, all the sums incurred when ordering the returned Product(s), with the exception of the return costs, within a maximum period of fourteen (14) days from reception of the return form, or at the latest from the most recent of the following dates :
- Either on the day POESYS receives the returned product(s),
- Either from the day on which the Customer provides proof of shipment of the goods for which they have exercised their right of withdrawal, whichever comes first. In the event of partial return of Products, only the price of the returned Products will be refunded by POESYS.
Article 12. Legal guarantee
POESYS is liable for defects in the conformity of the goods to the contract under the conditions of article L. 217-4 and following of the french consumer code and for hidden defects in the item sold under the conditions provided for in articles 1641 and following of the french Civil Code.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects of the item sold under within the meaning of article 1641 of the French civil code and following of the French Civil Code.
In the event that the return of the defective Product is well founded, POESYS will refund the defective Product and the delivery costs, excluding any other compensation.
With the exception of the above scenarios, no Product exchange or refund is authorized.
Reminder of Articles L.217-4, L.217-5 and L.217-12 of the french Consumer Code and Articles 1641 and 1648, first paragraph of the french Civil Code :
- Article L.217-4 of the French Consumer Code : “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. They are 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 their responsibility.”
- Article L.217-5 of the French Consumer Code :”The good complies with the contract : 1° If it is suitable for the use usually expected of a similar good and, if applicable :
- 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 a model;
- if it has qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, in particular in advertising or laveling; 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 French Consumer Code : “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
- Article 1641 of the french Civil Code : “ The seller is bound by the guarantee on account of the hidden defects of the item sold which render it unfit for the usage for which it is intended or which diminishes this usage so that the buyer would not have acquired it, or would have paid less if he had known.”
- Article 1648 of the French Civil Code, 1st paragraph : “The action resulting from redhibitory defects must be brought forward by the buyer within two years from the discovery of the defect.”
Article 13. Responsability
FUNICULAIRE Products comply with the European legislation.
POESYS draws the Customer’s attention to the leaflet contained in each Product’s box and the information contained therin, particularly regarding adverse effects and precautions.
The Customer remains the sole judge of the appropriateness and suitability to their needs of the Products they order and their use.
POESYS cannot be liable for use of the Products that does not comply with their intended purpose. POESYS cannot be held responsible for any allergic reaction or other reaction.
POESYS draws the Customer’s attention to the fact that :
- The appearance, the smell, the density and color of the Products may vary over time and depending on the temperature (in particular due to the very high concentration of hydrosols) without their quality being altered.
- The lightness and density of the mist released by the pump may vary.
POESYS does not guarantee that the Website will be available continuously, without temporary interruption, without suspension or without error. In particular, POESYS cannot be held responsible :
- for interruptions, malfunctions or delays registred on the Website due to technical breakdowns, to a case of force majeure, due to third parties or any circumstances whatsoever, beyond its control;
- for the impossibility of the Customer to access the Website temporarily, due to facts beyond POESYS’s control, such as cases of computer breakdowns, interruptions of the telephone network, the internet network or failure of the customer’s reception equipment of the internet network.
POESYS cannot be held responsible for (i) the loss, alteration or fraudulent access to the Customer’s personal data due to poor management by the Customer (ii) the processing of personal data carried out by third-party companies mentioned in these T&Cs, when they act as data processors, (iii) the accidental transmission of viruses or other harmful elements, resulting from access to the Internet or transmissions be e-mail.
Without limiting the scope of the other provisions of the General Terms and Conditions of Sale, POESYS may only be held liable in the event of proven fault exclusively attributable to POESYS. In any case, it will be limited to direct damages only.
POESYS reserves the right to suspend operation of the Website.
Article 14. Complaints - Informations
For any information, complaint or question relating to the conditions of e-commerce put in place by POESYS or to the products themselves, Customers must contact POESYS customer service via the contact form and/or at the e-mail address : bonjour@funiculaireparis.com without forgetting to mention their order number.
Article 15. Force majeure
POESYS cannot be held responsible for the poor execution or the total or partial failure to execute its obligations, if this is due either :
- To the Customer;
- To unpredictable and insurmountable fact, of a third party to the contract;
- In the event of force majeure as defined in the article 1218 of the French Civil Code;
- In the event of a fortuitous event or an event beyond the reasonable control of POESYS.
In the respect, the following are considered by the Parties as cases of force majeure or “events beyond its reasonable control” : strikes by the company staff or the carriers, the lockouts or other labor disputes led by third parties, breakdowns of private or public telecommunications networks or the impossibility of using rail, sea, air or motorized transport or other public or private means of transport, the stoppage of production due to accidental breakdowns, the impossibility of being supplied with raw materials, fires, floods, explosions, storms, earthquakes, land subsidence, all exceptional climatic events, epidemics, pandemics (including COVID and its different variants), natural disasters, public disorder, riots, invasions, wars (declared or not) or threats or preparations for wars, terrorist attacks or threat of terrorist attacks.
If a case of force majeure or fortuitous event or an event that is beyond POESYS’s reasonable control occurs and affects the performance of its obligations under these GCS, POESYS will contact the Customer as soon as possible to inform them.
These events constitute a cause for the suspension and/or termination of POESYS’s obligations towards the Customer, without compensation to the benefit of the Customer.
Article 16. Intellectual property
The intellectual property rights attached to the Products sold on the Website and those attached to the Website are and remain the exclusive property of POESYS.
All exploitation rights are exclusively to POESYS.
Under the conditions, no one is authorized to reproduce, exploit, distibute or use in any capacity whatsoever, even partially, the intellectual property right, without prior written consent of POESYS. POESYS’s trademarks and logos, including “FUNICULAIRE”, are registered trademarks.
Any reproduction therefore constitutes an infringement.
Article 17. Entire contract
The General Conditions of Sale, the order summary sent to the Customer and the order confirmation e-mail form a contractual whole and constitute the entirety of the contractual relations between the Parties. They constitute the only contractual documents opposable to the Parties, to the exclusion of any other document or photograph of the Products which only have an illustrative value.
Article 18. Governing law - Disputes
THESE GENERAL CONDITIONS OF SALE AND THE CONTRACTUAL RELATIONSHIP BETWEEN POESYS AND THE CUSTOMER ARE GOVERNED BY FRENCH LAW.
ALL DISPUTES OR OPPOSITION TO WHICH THESE TERMS MAY GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR CONSEQUENCES AND THEIR FOLLOW-UPS SHALL BE SUBJECT TO AN ATTEMPT AT AMICABLE RESOLUTION.
IN THE ABSENCE OF AMICABLE SETTLEMENT, ALL DISPUTES WILL FALL UNDER THE JURISDICTION OF THE FRENCH COURTS.
In accordance with article L.211-3 of the French Consumer’s Code, the Customer is also informed of the possibility of having recourse, in the event of a dispute, to the consumer mediation procedure, the conditions of which are set by Title I of the livre VI of the French Consumer’s Code.
The POESYS mediation service is the online mediation service of the CMAP (Paris Mediation and Arbitration Center) accessible at the URL address : http://www.cmap.fr/ or at the postal address : CMAP (Consumer Mediation Service) – 39 avenue Franklin D. Roosevelt – 75008 Paris FRANCE.
In order to be admissible, the referral to CMAP must include : the postal details, e-mail and telephone details of the Customer as well as the full name and address of POESYS, a brief statement of the facts, and proof of the prior steps taken.
A request must be sent beforehand in writing to POESYS Customer’s Service before any request for mediation with the CMAP.
Article 19. Non renunciation
The fact for one of the Parties not to avail itself to the other Party of a breach of any of its obligations referred to in these General Conditions of Sale cannot be interpreted for the future as a waiver of the obligation in question.
Article 20. Personal Data
In accordance with the Data Protection Act and European Regulation 2016/679 of April 27, 2016 known as the General Data Protection Regulation (GDPR), the Customer has, at any time, a right to access and rectify their personal data, as well as a right to request their deletion, a right to oppose their processing for legitimate reasons and a right to obtain their limitation or portability insofar as this is applicable.
These rights can be exercised at bonjour@funiculaireparis.com . Proof of identity may be requested in certain cases, for security and data protection reasons.
For more information concerning the processing of personal data and the exercise of rights, we invite you to read the POESYS Privacy Policy, also available on this Website.
Withdrawal Form
(Fill in and return this form by any means or via the contact form made available on the Website via the “contact” button only if you wish to terminate the contract)
To the attention of POESYS
I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services(*) below:
Ordered on (*)/received on (*) :
Name of buyer(s) :
Address of buyer(s) :
Signature of the buyer(s) (only in case of notification of this form on paper) :
Date :
(*) Strike out the useless mention.