TERMS & CONDITIONS
The company POETRO, SARL with a capital of 10,000 euros, headquartered at
43 rue Paul Déroulède, 06000 Nice, registered on the Companies Register under
number 752 371 252, NAF code 4646Z, intra-community VAT No. FR10752371252,
Web Host: Ecwid Inc.
Contact: contact@poetro.store
1. Applicability of the general terms and conditions
in "second-hand" and "vintage" fashion / luxury products (hereinafter, the
"Products"). Any person making a purchase on the website is referred to as
"the Customer". These General Terms and Conditions, made available online by
the Company, govern all offers, orders, agreements and other legal relationships
between the Customer and the Company relating to the use of the Website and the
purchase and sale of a Product on or via the Website.
2. Order
All orders require the Customer's registration or identification via his/her
Customer Account and imply an obligation of payment. The Customer declares that
he/she is of legal age and not under guardianship. An order placed by the
Customer implies irrevocable adhesion to these General Terms and Conditions.
The sales contract is governed by French law.
Ordering steps: the Customer selects the Product and adds it to the cart; fills
in billing and, if different, delivery address; checks the order (with the
possibility to review the details and total price before confirming); selects a
payment method; and places the order. If the order is accepted, the Company
sends an e-mail confirmation as soon as possible. If the Customer receives no
confirmation e-mail, it is his/her responsibility to contact
contact@poetro.store.
The Company reserves the right to make changes to the Product(s) ordered related
to technical developments, in accordance with Article R.212-4 of the French
Consumer Code. The Company cannot be held liable for a data-entry or transmission
error that prevents delivery of the confirmation e-mail and/or the Items. These
General Terms and Conditions constitute the entire agreement between the Customer
and the Company regarding the use of the Website and the placement and execution
of an order.
3. Presentation of the products
The Products are described and presented as accurately as possible. The Company
cannot be held responsible for errors or omissions in this presentation. Product
photographs are for guidance only and, together with the descriptive text, do
not form part of the contract, save as to the essential characteristics and the
disclosed condition of each Product.
4. Price
Prices shown are:
- inclusive of all tax (incl. VAT) for Customers with a delivery address within
the European Union;
- exclusive of tax for Customers with a delivery address outside the European
Union.
Prices do not include delivery fees, which remain payable by the Customer except
under a promotional offer. Prices are guaranteed subject to typographical errors.
The prices indicated when the order is placed form part of the Agreement.
5. Paying for a Product
The Company uses the secure payment tool Stripe and never has access to the
Customer's confidential payment information. The Customer's bank details are
requested for each order. The Customer warrants that he/she is authorised to use
the chosen payment method. If the bank refuses, the order is automatically
cancelled and the Customer informed by e-mail. Validation of the order is
equivalent to acceptance of the prices, the Product descriptions and these
General Terms and Conditions. Where a paid order contains an erroneous element
(price, description, photo, coupon…), the Company may cancel it and refund the
Customer. Payment-processing fees are non-refundable where the Customer cancels
before actual receipt of the order, without prejudice to the statutory right of
withdrawal in Article 8.
6. Delivery
The Company ships worldwide. Delivery costs are calculated at checkout. The
order is delivered to the address specified by the Customer. Delivery takes
place, and the risk of loss or damage passes to the Customer, when the Customer
takes physical possession of the Product. Delivery times shown are indicative
and communicated by the carrier; non-adherence cannot be held against the
Company or give rise to termination or compensation. The Customer must check the
packaging and conformity of the Items on delivery and report any anomaly to
contact@poetro.store within 48 hours.
For international deliveries, the Product may be opened and inspected by customs
authorities and may be subject to import duties and taxes levied at the
destination. These charges are the Customer's responsibility; the Company has no
control over them and cannot predict their amount. We recommend contacting your
local customs office before ordering.
7. Force Majeure
The Company is not liable for delay or failure to deliver caused by circumstances
beyond its control that cannot be attributed to it, including but not limited to
war, civil unrest, strikes, transport disruption, trade or customs restrictions,
fire, flood, earthquake, supplier failure, or interruption of utilities. In such
a case the Company may perform within a reasonable term or, where that is not
possible, dissolve the Agreement in whole or in part without owing compensation.
8. Right of withdrawal, returns and refunds
This Article and our Return & Withdrawal Policy govern returns. The contract is
governed by French law; the terms that apply depend on the delivery destination.
8.1 Orders delivered within the EU / EEA — statutory right of withdrawal
In accordance with Articles L221-18 et seq. of the French Consumer Code
(Directive 2011/83/EU), a Customer acting as a consumer with delivery in the
EU/EEA may withdraw within 14 calendar days of receiving the goods, without
giving a reason.
- To withdraw: send a clear statement to contact@poetro.store before the 14 days
expire, quoting the order number. The Customer may use the withdrawal form at
the end of these Terms.
- The Customer returns the goods within 14 days of notifying us; return shipping
is at the Customer's expense.
- The Company refunds all payments received, including standard outbound
delivery, within 14 days of receiving the goods or proof of return, via the
original payment method.
- The Customer may handle the goods only as needed to establish their nature and
characteristics and is liable for any diminished value beyond that.
- Exclusions (Article L221-28): sealed care products whose hygiene seal has been
broken after delivery; custom or personalised items; goods inseparably mixed
after delivery.
8.2 Orders delivered outside the EU / EEA — contractual returns
The statutory right in 8.1 applies to consumers with delivery in the EU/EEA. For
orders delivered outside the EU/EEA, returns are accepted only at the Company's
discretion and only on all of the following conditions:
- the Customer notifies contact@poetro.store within 14 days of delivery, quoting
the order number;
- the Customer arranges and pays all return shipping to France, fully tracked
and fully insured for the item's value; the risk of loss or damage in transit
remains with the Customer until the item reaches the Company and is inspected;
- the item is returned unused, in original condition, with all packaging, dust
bag, tags and accessories;
- all customs duties, import taxes and local fees (import and re-import) are the
Customer's responsibility and are non-refundable;
- any refund is issued as store credit, valid 12 months, after receipt and
inspection.
Products marked "Sale" or "Final Sale" and one-of-a-kind clearance pieces are
not eligible for international return.
9. Legal guarantees
Independently of any commercial return terms above, the consumer benefits from
the mandatory legal guarantees:
- the legal guarantee of conformity (garantie légale de conformité), Articles
L217-3 et seq. of the French Consumer Code: the Company delivers goods that
conform to the contract and answers for defects of conformity existing at
delivery. The consumer has two years from delivery to act; for second-hand
goods, the presumption that a defect existed at delivery applies for 12 months
(Article L217-7). Remedies are repair or replacement and, failing that, a price
reduction or refund;
- the guarantee against hidden defects (garantie des vices cachés), Articles 1641
and 1648 of the Civil Code, allowing rescission or a price reduction, the
action to be brought within two years of discovery of the defect.
To exercise a legal guarantee, contact contact@poetro.store with the order number
and a description of the issue. The Products are pre-owned and are sold in the
condition described in the listing; wear or characteristics expressly disclosed
in the listing form part of the agreed characteristics and do not constitute a
lack of conformity. The statutory information box reproducing the applicable
articles is appended to these Terms.
10. Liability
Save for the mandatory legal guarantees in Article 9 and cases of bodily injury,
death or gross fault, the Company is not liable for indirect or consequential
damage, and its liability for direct damage does not exceed the purchase price of
the Product concerned. Nothing in these Terms excludes or limits the consumer's
non-waivable statutory rights.
11. Personal data and cookies
Collection of the Customer's personal data is necessary to process the order. In
accordance with French Act No. 78-17 of 6 January 1978 and the GDPR, the data is
used only within the business relationship, is never sold, and bank details are
not stored (transactions are processed by Stripe). The Website may use cookies to
recognise the Customer; the Customer may disable cookies in his/her browser. See
our Privacy Policy for details.
12. Privacy Policy
For details on how we process data, please consult our Privacy Policy.
13. Complaints
The Company's contact details are available via the "Contact" link on the
Website. The Customer must inspect the Product on delivery and notify the Company
in writing, within a reasonable term, of any visible defect or other complaint,
fully substantiated. The Company responds to complaints within 7 days of receipt
and, where a complaint requires longer, notifies the Customer within 14 days of
the expected timeframe. This Article does not affect the statutory right of
withdrawal (Article 8) or the legal guarantees (Article 9).
14. Applicable law, jurisdiction and consumer mediation
These General Terms and Conditions are governed exclusively by French law. In the
event of a dispute concerning their interpretation, performance or termination,
the Company invites the Customer to contact it first to seek an amicable
resolution.
Consumer mediation: in accordance with Article L.612-1 of the French Consumer
Code, the Company is affiliated with the mediation body CM2C. Where a written
complaint to contact@poetro.store has not been resolved within the timeframe in
Article 13, the Customer, acting as a consumer, may refer the dispute free of
charge to: CM2C – Centre de la Médiation de la Consommation de Conciliateurs de
contact@cm2c.net, within one year of the written complaint. Recourse to mediation
is optional.
Failing an amicable solution, the dispute is referred to the French courts. This
Article does not deprive consumers of their right to take legal action, or to
defend themselves, in their country of residence or domicile, or of the consumer
protection measures applicable in their country of residence.
Withdrawal form (statutory right of withdrawal — EU/EEA deliveries)
(Complete and return this form, with the order number.)
For the attention of POETRO, SARL, 43 rue Paul Déroulède, 06000 Nice —
by e-mail: contact@poetro.store
"I hereby give notice that I withdraw from my contract of sale of the following
Product(s):
Ordered on ………… (date of order) and/or received on ………… (date of delivery)
Customer name:
Customer address:
Customer signature (only if returned on paper):
Date:"
For any information, contact Customer Service at contact@poetro.store or
+33 7 45 14 84 47.
15. Disclaimer
The Company is not responsible for any inconvenience or loss resulting from the
use of internet services, notably service interruption, computer viruses or
external breaches, or any event deemed force majeure by the courts.
16. Miscellaneous
The invalidity or unenforceability of any clause does not affect the validity of
the remaining clauses, and the relevant clause will be replaced by a provision as
close as possible to it. For further information or to make a claim, e-mail
contact@poetro.store.