GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 - DEFINITIONS
Client : means any individual ordering Products from the Site. The latter acknowledges that he/she is of legal age and has full legal capacity to enter into the present contract.
Ordering : means any order for Products to be taken away from a Sales Point on the Site.
Account : means the personal space that the Customer can create on the Site to access the Product Ordering service, associated with a login and a password.
Personal data : personal information as defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, which is provided by the Customer to the Seller and Pokawa or which is collected by Pokawa in the course of using the Site.
Pokawa : a simplified joint stock company with a capital of 2,000 euros, registered in the Paris Trade and Companies Register under number 830 213 203, whose registered office is located at 15 Rue Montorgueil, 75002 Paris.
Point of Sale : means a commercial premises in which a business under the Pokawa brand name is operated.
Products : means all products offered for sale on the Site by a Sales Outlet.
Intermediation service : refers to the intermediation service between Sellers and Customers offered by Pokawa through the Site.
Site : means the website accessible at the following URL address https://pokawa.com.
User : means any natural person browsing the Site.
Seller : means the legal entity that sells Products through a Pokawa branded Sales Outlet, whether an independent franchisee or a Pokawa subsidiary, selected from the Pokawa network of Sales Outlets according to the pick-up address chosen by the Customer, and where the Order will be registered.
ARTICLE 2 - PREAMBLE AND ENFORCEABILITY OF THE GCV
These general terms and conditions of sale (hereinafter the " GTC "The purpose of this Agreement is to define and govern the rights and obligations of the Parties in the context of the online sale of Products by the Seller to the Customer.
Any Product Order placed by the Customer automatically implies full and unreserved acceptance of these GTC.
In the event of a conflict between the provisions of the GTC and any other contractual documents relating to Intermediation Services and Product Orders, these GTC shall prevail unless otherwise agreed in writing by the Parties.
No waiver of the application of the provisions of the GTC shall be construed as a waiver by Pokawa or the Seller of the right to invoke them at a later date.
If any of the provisions hereof are or become invalid under any present or future legal provision, they shall be deemed unwritten without affecting the validity of the other provisions hereof.
Pokawa reserves the right to modify these GTC at any time. In the event of a change to the GTC, the applicable GTC shall be those in force on the date of payment of the Order.
ARTICLE 3 - USE OF THE SITE
The use of the Site is governed by the general terms and conditions of use of the Site (hereinafter the " CGU The Client fully and unreservedly accepts the terms and conditions of use of the Site ("Terms and Conditions") that appear on the Site when browsing the Site and placing Orders.
ARTICLE 4 - PRODUCT INFORMATION
The Products whose sale is governed by these GTC are those which appear on the Site and which are indicated as being offered for sale by the Seller. These Products are offered within the limits of available stocks, it being specified that the Seller reserves the right to modify at any time or to interrupt the offer of certain Products without prior notice to the Customer and without prejudice to Orders placed by the Customer.
The Products are described and presented with the utmost sincerity. However, Pokawa and the Seller do not guarantee the accuracy of the photos or information related to the Products, which are only illustrative and have no contractual value. It follows from the above that in the event of errors or omissions in the presentation of the Products, the Seller and/or Pokawa shall not be held liable.
It is the Customer's responsibility to find out about any allergies or intolerances to certain ingredients in the Products and to seek out any traces of them from Pokawa and the Seller. Pokawa and/or the Seller shall not be held responsible for the consequences of the Customer not taking this information into account when placing an Order.
The Customer undertakes, once the Products have been collected, to ensure that they are well preserved and to consume them before the date indicated on the packaging. In the event that the Best Before Date is not labelled, the Customer undertakes to obtain the information from the Seller and, by default, to consume the Products quickly, within three (3) days of their withdrawal.
It is recommended that the Products never be frozen.
Pokawa and/or the Seller shall not be held responsible for the deterioration of the Products due to the Customer's negligence and/or the improper storage of the Products after their removal.
ARTICLE 5 - COMPLETION OF THE ORDER AND ACCEPTANCE
5.1. Execution of the Order
To place an Order for Products to be taken away on the Web Site, the Customer must choose a Sales Outlet from among those offered on the Web Site, as well as the date and time for collecting the Order.
The Customer must select the Products they wish to order and add them to their basket. The Customer is informed that the price of the Products may vary according to the specificities and supplements of said Products. Only the Products in the basket will be ordered by the Customer.
Once the Customer has completed the Order, he/she is asked to confirm its accuracy.
The Customer can place Orders without having to create or use an Account.
The completion of the Order necessarily requires the Customer to provide certain Personal Data, collected and stored by Pokawa and the Seller in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection.
The Customer shall be free to modify the Order or the information provided until the Order has been paid for and transmitted to the Seller.
The payment of the Product Order in the above-mentioned conditions is worth :
The Seller shall archive the Purchase Orders and the invoices for the Orders on a reliable and durable medium, constituting a true copy in accordance with the provisions of Article 1379 of the French Civil Code. The Seller's computerised records shall be considered by the Seller and the Customer as proof of communications, Orders, payments and transactions between the Parties.
5.2. Customer's account
To order Products, the Customer can create or log in to their Account via e-mail address and password.
The creation of an Account and the completion of an Order require the communication by the Customer of certain Personal Data, collected and stored by Pokawa and the Seller in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection.
When creating an Account, the Customer undertakes to provide Pokawa and the Seller with accurate and sincere information, and to keep it up to date via the administration page of said Account.
The Customer's Account is purely personal. Consequently, the Customer undertakes to use it personally and never to allow a third party to use it in his place or on his behalf, unless he bears full responsibility.
In the same way, the Customer is responsible for maintaining the confidentiality of his connection identifiers and in particular his password. The Customer must immediately contact Pokawa if it notices that its Account has been used without its knowledge, in which case Pokawa shall be free to take all appropriate measures to restore the integrity of the Account.
In the event of a breach of these GTC and/or legal or regulatory provisions in force, Pokawa reserves the right to suspend the Customer's Account without compensation.
ARTICLE 6 - MODIFICATION OF THE ORDER
Until the Order is paid, it can be modified or stopped by deleting the basket.
Under the terms of Article L221-28, 4° of the French Consumer Code, the right of withdrawal applicable to distance selling may not be exercised in the case of the supply of goods which, due to their nature, are likely to deteriorate or expire rapidly. It follows from the above that Orders that have been definitively validated and paid for cannot give rise to the exercise of a right of withdrawal and cannot be cancelled.
No Products can be returned or exchanged.
ARTICLE 7 - PAYMENT OF THE ORDER PRICE
The prices of the Products and the associated taxes are those indicated on the Site. They are expressed in euros and are inclusive of all taxes, taking into account the VAT applicable on the date of the Order. The Seller reserves the right to modify the prices of the Products at any time, provided that the prices indicated on the Site at the time of the Order are applied.
The Products may be subject to promotional offers. Any special promotional offer will be subject to these T&Cs, which shall prevail in the event of any inconsistency between the terms of the special offer and these T&Cs. These offers may be modified or withdrawn at any time. In order for the Customer to take advantage of these offers, they must exist and still be in force at the time of the Order.
Payment of the Order by the Customer implies its validation by the Seller.
The Seller provides the Customer with the following secure payment method: payment by credit card. The Seller has the necessary authorisations to use this method of payment. By paying for the Order, the Customer certifies that he/she is authorised to use the bank card whose details have been provided for this purpose, and authorises the Seller to invoice the Order.
In the event that the Customer's credit card payment authorisation is refused or the Order validated by the Customer is not paid for, the Seller reserves the right to suspend the processing of the Order until it has been paid for in full or to cancel the Order.
In the event of failure to identify and verify the bank card used as a method of payment, the Order concerned shall be cancelled.
ARTICLE 8 - WITHDRAWAL OF THE ORDER
In order to collect their Order, Customers must go to the selected Sales Point at the chosen date and time, bearing their Order number.
Due to the nature of the Products, in the event that the Customer is late in picking up his/her Order at the Sales Point or in the event that an Order is not picked up, the latter may be destroyed by the Seller without the Customer being entitled to claim reimbursement or compensation and without the Seller or Pokawa being held liable.
ARTICLE 9 - LIABILITY
Pokawa's intervention is strictly limited to the provision of the Intermediation Service for the benefit of Users and Customers.
In this respect, Pokawa shall bear the consequences of any damage directly attributable to it that may be caused to the Customer in the context of the operation of the Site, within the limits mentioned in the GTC.
Pokawa cannot be held responsible:
The Seller shall bear the consequences of any damage directly attributable to it in connection with the Customer's Order in accordance with ordinary law. However, the Seller shall not be liable in the event of an act of the Customer or in the event of force majeure as defined in Article 1218 of the Civil Code.
The limitations and exclusions in this article are not intended to limit the liability or alter the rights of consumers which cannot be excluded under the applicable legal provisions.
ARTICLE 10 - INTELLECTUAL PROPERTY
Nothing in these Terms and Conditions, nor the provision of the Site, shall be construed as implying any transfer of intellectual property rights from Pokawa and the Seller to the Customer.
All technologies, information, data, documents, know-how and/or formulas communicated by Pokawa to the Customer in the context of the provision of the Site and/or the Order, as well as all trademarks, logos, trade names and photographs appearing on the Site, shall remain the exclusive property of Pokawa. Only a personal, non-exclusive, non-assignable and non-transferable right to use the Site is granted to the Customer.
Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of Pokawa's or the Seller's intellectual property without its prior written consent is strictly prohibited. The fact that Pokawa or the Seller does not initiate proceedings as soon as it becomes aware of such unauthorised use shall not constitute acceptance of said use and waiver of legal action.
ARTICLE 11 - PROTECTION OF PERSONAL DATA
Pokawa and the Seller undertake to comply with the provisions arising from the General Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2019 on the Protection of Personal Data (hereinafter " RGPD "In the event of a breach of the terms and conditions of this Agreement, the User shall be responsible for ensuring that it is compliant with the provisions of this Agreement, for making all declarations and obtaining all consents and authorisations necessary for the collection and processing of personal data and for respecting and ensuring the respect of the confidentiality and security of personal data that may be collected and processed by its employees in the context of the performance of this Agreement.
In the context of the formation and execution of the GTC, Pokawa and the Seller shall collect and process the Customer's personal data, in compliance with the RGPD. The data collected includes the following: surname, first name, telephone number, email address, IP address, payment details.
This data is necessary for the processing of the Customer's Order and the execution of the GTC.
This data may be communicated to Pokawa's and the Seller's employees and to any partners responsible for the execution, processing and management of the relationship with the Customer. Pokawa and the Seller do not intend to transfer the data thus collected outside the European Union.
Customers whose personal data is processed have a right of access, rectification, erasure, limitation of processing, portability of data, a right to object and a right to give instructions after their death regarding information concerning them, by sending a letter to the following address
POKAWA SAS
15 Rue Montorgueil
75002 Paris.
ARTICLE 12 - INFORMATION AND TECHNICAL ASSISTANCE
For any information or question relating to the operation of the Site or his Account, the Customer is invited to contact the following e-mail address serviceclient@pokawa.com.
For any information or question related to his Order of Products, the Customer is invited to contact the Seller by telephone at the telephone number indicated on the Site.
ARTICLE 13 - APPLICABLE LAW - COMPETENT JURISDICTION
The relationship between Pokawa and the Customer, or the Seller and the Customer, under these GTC shall be governed by French law.
In the event of disputes arising in the context of the relationship between the Parties, in particular with regard to the validity, interpretation and performance of these GTC, the Parties shall attempt in good faith to reach an amicable agreement to resolve the difficulty.
For any complaint relating to the operation of the Site, the Customer may send a letter to Pokawa stating the difficulties or shortcomings observed at the following address: 15 Rue Montorgueil, 75002 Paris.
For any claim relating to their Product Order, Customers may send their claims by post to the Seller, stating the difficulties or shortcomings observed at the address given on the Site.
In the event of a response deemed unsatisfactory by the Customer or the absence of a response within fifteen (15) days of receipt of the complaint, the Customer may request the services of the mediator free of charge by sending a letter by e-mail to the following address mediation-franchise-consommateurs@franchise-fff.com or by post to the following address
The FFF
Franchise Consumer Mediation Committee
29 Boulevard de Courcelles - 75008 Paris
The Customer must specify the subject of his request and attach the documents on which it is based. Upon receipt, the mediator shall notify the Parties of the referral by e-mail or by regular mail.
Within the framework of this mediation, the Client may be assisted by any person of his choice or be represented by a lawyer at his own expense. Each Party may also request the opinion of an expert, the costs of which shall be borne by it. In the event of a joint request for an expert opinion, the costs shall be shared equally between Pokawa or the Seller and the Customer.
The mediation shall be concluded within ninety (90) days from the notification of its referral by the mediator. The Parties shall be free to accept or refuse the mediator's proposal.
In any event, recourse to mediation is not mandatory. On the other hand, if the Customer wishes to request the services of the mediator, he/she must first send a complaint to Pokawa or the Seller.
In the event that the Customer does not wish to refer the matter to the mediator, or that one of the Parties refuses the mediation proposal, or if no amicable agreement is reached, the Parties shall be free to initiate proceedings before the competent court.
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