Terms of service
# Terms and Conditions
This website is operated by Pomié. Throughout the site, the terms "we", "us", "our" and "the trader" refer to Pomié. Pomié offers this website, including all information, tools and services available on it, to you, the user, on the condition that you accept all the terms, conditions, policies and notices set out here.
By accessing our site and/or purchasing something from us, you engage our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including the additional terms and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, suppliers, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By visiting or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you may not access the website or use any service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone, at any time, for any reason.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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## ARTICLE 1 – DEFINITIONS
The following definitions apply to these Terms and Conditions:
**Cooling-off period:** the period during which the consumer may exercise their right of withdrawal; 14 days.
**Consumer:** the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader.
**Day:** [TO BE COMPLETED — see notes]
**Extended transaction:** a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation for which is spread over time.
**Durable data carrier:** any means enabling the consumer or the trader to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.
**Right of withdrawal:** the consumer's option to cancel the distance contract during the cooling-off period.
**Trader:** the natural or legal person who offers products and/or services to consumers at a distance.
**Distance contract:** an agreement concluded within the framework of a system organised by the trader for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusively by means of one or more techniques for distance communication.
**Technique for distance communication:** means that can be used for concluding an agreement without the consumer and the trader being in the same place at the same time.
**Terms and Conditions:** these Terms and Conditions of the trader.
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## ARTICLE 2 – IDENTITY OF THE TRADER
**Trading name:** Pomié
**Email address:** support@pomiewear.com
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## ARTICLE 3 – APPLICABILITY
These Terms and Conditions apply to every offer made by the trader, to every distance contract and to every order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the Terms and Conditions may be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these Terms and Conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the Terms and Conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
If, in addition to these Terms and Conditions, specific product or service conditions apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these Terms and Conditions are at any time wholly or partially void or annulled, the agreement and these Terms and Conditions will otherwise remain in force, and the provision concerned will be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original as closely as possible.
Situations not provided for in these Terms and Conditions are to be assessed "in the spirit" of these Terms and Conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our Terms and Conditions are to be interpreted "in the spirit" of these Terms and Conditions.
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## ARTICLE 4 – THE OFFER
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader has the right to modify and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the trader uses images, these are a faithful representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the trader.
All images, specifications and data included in the offer are indicative and cannot give rise to compensation or to termination of the agreement.
Product images are a faithful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer contains information making it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price, excluding customs clearance fees and import VAT, where applicable. Such additional costs are for the account and risk of the customer. Where goods are imported into the destination country, the postal and/or courier service may apply the special arrangement for postal and courier services in connection with imports and may collect VAT and/or clearance fees from the recipient of the goods;
- any shipping costs;
- the manner in which the contract will be concluded and the actions required to do so;
- whether or not a right of withdrawal applies;
- the method of payment, delivery and performance of the contract;
- the period for accepting the offer, or the period during which the trader guarantees the price;
- the level of the distance communication tariff, if the costs of using the technique for distance communication are calculated on a basis other than the normal base rate for the means of communication used;
- whether the contract is archived after conclusion and, if so, how the consumer may access it;
- the manner in which the consumer may, before concluding the contract, check and, where necessary, correct the data they have provided under the contract;
- any languages, in addition to English, in which the contract may be concluded;
- the codes of conduct to which the trader is subject and how the consumer may consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of an extended transaction.
Optional: available sizes, colours, material type.
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## ARTICLE 5 – THE AGREEMENT
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and satisfies the conditions set out in it.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may — within the legal framework — inform itself as to whether the consumer can meet their payment obligations, as well as of all facts and factors relevant to the responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has sound reasons not to enter into the contract, it is entitled to refuse an order or request, or to attach special conditions to its performance, stating reasons.
The trader will provide the following information with the product or service supplied to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the trader's establishment where the consumer can submit complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement concerning exclusion of the right of withdrawal;
- information about existing warranties and after-sales service;
- the data referred to in Article 4, paragraph 3 of these Terms and Conditions, unless the trader has already provided this data to the consumer before performance of the agreement;
- the conditions for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
In the case of an extended transaction, the provision in the preceding paragraph applies only to the first delivery.
Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.
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## ARTICLE 6 – RIGHT OF WITHDRAWAL
When purchasing products, the consumer has the option to terminate the contract without giving reasons within a period of 14 days. This cooling-off period begins on the day after the product is received by the consumer or by a representative previously designated by the consumer and made known to the trader.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and — if reasonably possible — in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must give this notice by written message or email. After declaring that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment.
If the customer has not expressed their intention to exercise the right of withdrawal, or has not returned the product to the trader after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is considered final.
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## ARTICLE 7 – COSTS IN THE EVENT OF WITHDRAWAL
If the consumer exercises their right of withdrawal, the cost of returning the products will be borne by the consumer.
If the consumer has paid an amount, the trader will refund this amount as soon as possible and at the latest within 14 days of the withdrawal. This is subject to the product having already been received by the trader, or conclusive proof of a complete return being provided.
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## ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
The trader may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- created by the trader in accordance with the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that deteriorate or age rapidly;
- whose price is subject to fluctuations in the financial market over which the trader has no influence;
- individual newspapers and magazines;
- audio and video recordings and computer software whose seal has been broken by the consumer;
- hygiene products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
- whose performance has begun with the consumer's express consent before the cooling-off period has expired;
- relating to betting and lotteries.
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## ARTICLE 9 – THE PRICE
The trader reserves the right to change the prices of the products and/or services offered during the period of validity of the offer, including in the event of a change in the applicable tax rate.
Notwithstanding the preceding paragraph, the trader may offer products or services whose prices are linked to fluctuations in the financial market over which the trader has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are indicative will be stated in the offer.
Price increases within three months of the conclusion of the contract are only permitted if they result from statutory provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated them and:
- they result from statutory or regulatory provisions; or
- the consumer is entitled to terminate the contract on the day the price increase takes effect.
[TAX / PLACE OF SUPPLY CLAUSE — TO BE COMPLETED, see notes]
All prices are subject to printing errors. We accept no liability for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.
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## ARTICLE 10 – CONFORMITY AND WARRANTY
The trader warrants that the products and/or services conform to the contract, to the specifications stated in the offer, to reasonable requirements of soundness and/or usability, and to the statutory and/or regulatory provisions in force on the date the contract was concluded. Where agreed, the trader also warrants that the product is suitable for use other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.
Any defective or incorrectly delivered product must be reported in writing to the trader within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions, or handled carelessly or contrary to the instructions of the trader and/or on the packaging;
- the defect results wholly or partly from regulations that the government has established or will establish concerning the nature or quality of the materials used.
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## ARTICLE 11 – PERSONAL INFORMATION
The submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, see [LINK TO YOUR PRIVACY POLICY].
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## ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS
There may occasionally be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
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## ARTICLE 13 – CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.