TERMS AND CONDITIONS OF SALE

Effective 01/01/2023

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional purchasers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Vendor on the www.poemana.com website. The Products offered for sale on the site are as follows:

Jewelry

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.poemana.com site, which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to stock availability, as specified when the order is placed.

These General Terms and Conditions of Sale are accessible at all times on the www.poemana.comet website, and shall prevail over any other document.

The customer declares that he/she has read and accepted these terms and conditions of sale by checking the appropriate box before placing an order online at www.poemana.com.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

The Vendor's contact details are as follows

POEMANA SARL
Share capital of 1000 euros
Registered with the RCS of Versailles, under number 953024932
32 rue de Chartres
78610 - Le PERRAY en Yvelines
Email : contact@poemana.com
Intracommunity VAT number FR02953024932

The Products presented on the www.poemana.com website are offered for sale in the following territories:

France, Europe, World.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties or other local taxes, import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.

ARTICLE 2 - Prices

The Products are supplied at the current prices shown on the www.poemana.com website, at the time the order is registered by the Vendor.

Prices are expressed in Euros, exclusive of VAT.

Prices take into account any discounts granted by the Vendor on the www.poemana.com website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity.

Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 - Orders

It is the Customer's responsibility to select the Products he/she wishes to order on the www.poemana.com website, according to the following procedures:

The Customer chooses a Product and places it in his/her shopping basket, which he/she may delete or modify before validating his/her order and accepting the present terms and conditions of sale. He will then enter his contact details or connect to his space and choose the delivery method. Once the information has been validated, the order will be considered definitive and will require payment by the Customer in accordance with the terms and conditions set out.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will not be considered valid until full payment has been received. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the www.poemana.com website constitutes the formation of a distance contract between the Customer and the Vendor.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer may follow the progress of his/her order on the website.

Any cancellation of the order by the Customer will only be possible before delivery of the Products (independently of the provisions relating to the application or not of the legal right of retraction).

ARTICLE 4 - Terms of payment

The price is paid by secure payment, according to the following methods:

• payment by credit card
• payment by Paypal balance

The price is payable in full by the Customer on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the www.poemana.com website.

In the case of payment by cheque, the cheque must be issued by a bank domiciled in metropolitan France or Monaco.

Cheques are cashed on receipt.

Payments made by the Customer will not be considered final until the Vendor has actually received the sums due.

The Vendor will not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

ARTICLE 5 - Deliveries

Deliveries are made within 5 to 7 days for products available in stock, to the address indicated by the Customer when ordering on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 21 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering, and to which the carrier has easy access.

If the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.

In the event of a special request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.

The Customer must check the condition of the products delivered. He/she has 30 days from delivery to submit complaints by post or e-mail, accompanied by all relevant supporting documents (notably photos). Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.

The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these GCS.

The transfer of the risks of loss and deterioration relating to the Products will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 - Right of withdrawal

In accordance with article L221-18 of the French Consumer Code, "For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good".

The right of withdrawal may be exercised by e-mail, on the site via the contact form or by any other form of unambiguous declaration expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.

Returns must be in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

Return shipping costs will be borne by the customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in the present article.

ARTICLE 8 - Liability of the Vendor - Warranties

Products supplied by the Vendor benefit from :

• the legal guarantee of conformity, for defective, spoiled or damaged Products or Products that do not correspond to the order
• the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.

Legal warranty provisions

Article L217-4 of the French Consumer Code

"The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility."

Article L217-5 of the French Consumer Code

"The good conforms to the contract:

1° If it is fit for the purpose usually expected of similar goods and, where applicable :

- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;

- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

Article L217-12 of the French Consumer Code

"Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code.

"The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

Article L217-16 of the French Consumer Code.

"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.

In order to assert his rights, the Customer must inform the Vendor, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Vendor will reimburse, replace or repair Products or parts under warranty deemed to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate, and return shipping costs will be reimbursed upon presentation of receipts.

Reimbursements, replacements or repairs of Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the non-conformity or hidden defect. Reimbursement may be made by bank transfer or cheque.

The Vendor may not be held liable in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
• in the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

• The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Vendor.

The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 9 - Personal data

The Customer is informed that the collection of his/her personal data is necessary for the sale of Products by the Vendor, as well as for their transmission to third parties for the purpose of delivering Products. This personal data is collected solely for the purpose of executing the sales contract.

9.1 Collection of personal data

The personal data collected on the www.poemana.com website is as follows:

Ordering Products:

When the Customer orders Products:

Name, first name, postal address, telephone number and e-mail address.

Payment

In order to pay for the Products offered on the www.poemana.com website, the latter delegates to the payment service provider the management of financial data relating to the Customer's bank account or credit card.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category(ies) of co-contractor(s) is (are) :

• Transport service providers
• Payment service providers

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the Customer expresses his express consent, his personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of customer and user rights

In application of the regulations applicable to personal data, Customers and users of the www.poemana.com site have the following rights:

• They may update or delete their personal data by sending an e-mail to contact@poemana.com.
• They may delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
• They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 "Data controller".
• If the personal data held by the Vendor is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".
• They may also request the portability of data held by the Vendor to another service provider.
• Finally, they may object to the processing of their data by the Vendor.

These rights, provided that they do not object to the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must reply within a maximum of one month.

Any refusal to grant the Customer's request must be justified.

Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Vendor. The Customer may withdraw this consent at any time by contacting the Vendor (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual property

The content of the www.poemana.com website is the property of the Vendor and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 - Applicable law - Language

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.

These GCS are drawn up in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact customer service at the Vendor's postal or e-mail address indicated in ARTICLE 1 of these GTCS.

The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation, with existing industry mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase or sale transactions concluded in application of these GTS, and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.