ARTICLE 1 – SCOPE

These terms and conditions of sale and use (hereinafter the "T&Cs") apply without restriction or reservation to all sales of Products made by the Seller to the Buyer through its Website https://www.ca.polene-paris.com/ (hereinafter the "Orders"). They also apply to the design and content presented on the Site accessible by any User, including texts, materials, products, product information, graphics, artworks, images, photography, audio and video clips or content, job offers, software, data, and other information on this Site as they may be updated from time to time (the "Content").

By accessing or using the Site or any Content or service, and where applicable by placing an Order, the User acknowledges having read and accepted these T&Cs as well as the terms, conditions, and provisions of the privacy policy (hereinafter the "Privacy Policy") set out on the Site. In any case, Orders placed on this Site are reserved for individuals and businesses other than for resale. The resale or distribution of Products purchased on this Site or any use related to a commercial activity is strictly prohibited.

The Seller reserves the right to modify these T&Cs at any time and without notice by simple publication. The applicable conditions are those in effect at the time of the Order. If the User or, where applicable, the Buyer does not agree with these T&Cs, the Seller invites them not to access or use the Site, any Content or service, or place an Order.

ARTICLE 2 – ORDERS FROM THE SITE

2.1 Product Information and Availability

2.1.1 Information

Information relating to the Products sold through the Site is available, with their references, on the Site. The Buyer acknowledges having been informed, prior to any Order on the Site, of the essential characteristics of the Product as well as the price of the Products and any additional costs, including delivery charges, borne by the Buyer. It is also the Buyer's responsibility to comply with the conditions of use and care instructions for the Products listed on the Product sheets, in accordance with the Seller's instructions and recommendations.

For any questions regarding the Products and their use, any additional questions, or requests for advice, the Buyer should contact Customer Service.

2.1.2. Availability

Products are offered for sale as long as they are visible on the Site on the day of consultation by the Buyer and have an "Add to Cart" button. The product sheet informs the Buyer when the Product in question is out of stock or requires a longer delivery time. In such cases, the "Add to Cart" function will be disabled for unavailable Products, and the mention "Out of Stock" or "Pre-order" will appear under these Products. The Seller cannot be held responsible in case of stock shortages or unavailability of certain Products.

Errors or modifications may exceptionally exist on this Site, particularly in the case of simultaneous orders of the same item by several Buyers.

In the event of the unavailability of a Product ordered after placing the Order, Customer Service will contact the Buyer to inform them of this unavailability, the new estimated delivery time, and the Buyer's option to cancel their Order. In case of a request to cancel the Order, the Seller will refund the total price as soon as possible and no later than fourteen (14) days following the cancellation of the Order, to the bank account or credit card that was debited. Customized products cannot be exchanged or returned.

The Seller reserves the right to modify at any time the Products offered for sale on its Site, depending in particular on internal constraints.

2.1.3. Prices

The prices of the Products are indicated in Canadian dollars (CAD) and exclude applicable taxes (federal, provincial, territorial) as well as delivery charges, which are specified when validating the order. Any additional costs, such as customs duties, applicable taxes in the Buyer's region, or other potential conversion fees into the Buyer's local currency, are the sole responsibility of the Buyer.

Before confirming the Order, a detailed summary of the costs, including the total price, taxes, and delivery charges, will be presented to the Buyer for approval. Once the Order is validated, the indicated price becomes firm and final.

The Seller reserves the right to modify the prices displayed on the Site at any time and without notice. However, these changes will not apply to Orders already validated.

2.2. Order Procedures

2.2.1. Payment

Only payment methods permitted by Shopify Payment, except Amex, are accepted as payment methods. Any other payment method may not be accepted.

For all orders, the Buyer must have a shipping address and a billing address for the credit card in Canada.

State and local sales taxes are charged based on the order's shipping address. Sales taxes apply to shipping and handling charges, if applicable.

The Seller only accepts credit cards with a Canadian billing address from the Buyer. For security reasons, the Buyer's name and billing address must match the credit card used for payment. The Seller reserves the right to cancel any order that does not meet these criteria.

The Buyer must provide their credit card number, expiration date, and visual cryptogram (multi-digit number on the back of the credit card) as part of their Order. All transactions are encrypted to ensure the Buyer's security. Although the Seller attempts to maintain the security of the Site, it cannot guarantee the security of the Site. The Seller will not be responsible in case of data misuse by third parties. 

2.2.2. Payment Processing

The Buyer's card will be debited within 5 days from the date of the order. The Buyer will not be able to cancel their Order after validation and payment, unless otherwise stated.

2.3 Order Confirmation

Once the Buyer has validated their Order, the Seller will acknowledge receipt without delay by email sent to the Buyer. The Seller will not be responsible in case of an error in entering the email address concerned. If these emails are not received, it is recommended that the Buyer check if they are in the spam folder. The Seller recommends that the Buyer keep the Order and payment confirmation received on paper or electronic support.

The Seller reserves the right to refuse or cancel any Order for legitimate reasons, particularly in the case of:

• Unavailability of the ordered Product.
• Orders with an abnormal character, particularly in the case of quantities of Products and/or amounts to be paid exceeding the usual or normal needs of a consumer or household, in the case of abnormal order flows to the same billing and/or delivery address, or generally, in the case of an Order suggesting that an economic activity is being carried out by the Buyer in connection with the ordered Products.
• Payment default or incident by the Buyer, including for previous Orders.
• Bad faith of the Buyer (e.g., fraud or attempted fraud related to the use of the Site, existing dispute with this Buyer, suspicious banking details).

Regarding pre-orders, due to the uncertainties related to the production of Products, the Seller may be required to cancel all or part of the Buyer's pre-order in certain cases. In such cases, the Seller will inform the Buyer without delay.

ARTICLE 3 – DELIVERY

3.1. Delivery Methods and Time

Unless otherwise agreed, the delivery of Products is made only after full payment of the Order. The estimated delivery times are indicated on the Site at the time of the Order and confirmed in the validation email. The Seller strives to meet these deadlines, which are given for information purposes only. If delivery does not occur within thirty (30) days after Order confirmation, the Buyer may request the cancellation of the Order and obtain a full refund within a maximum of fourteen (14) days.

Products will be shipped to the address provided by the Buyer when validating the Order, provided it is located in a region served by the Seller. The Seller ships only to Canada, except in the provinces of Yukon, Nunavut, Newfoundland and Labrador, and the Northwest Territories (more broadly, in remote areas). Furthermore, unless otherwise agreed, deliveries are not made to transit agencies, PO boxes, hotels not previously authorized by the Seller, or military bases or similar areas. The list of restricted delivery locations may be supplemented or adjusted at any time based on the practices and restrictions applicable to the Seller's carrier.

The package containing the ordered and paid Products is delivered in person against signature to the Buyer or the person designated or authorized at the delivery address provided during the Order. In case of the Buyer's or their representative's absence, the Buyer may choose a new delivery date, availability at a relay point, or at a nearby post office. If applicable, the Products may be redirected to a carrier's collection point or returned to the sender. In certain circumstances, delivery may also be made without a signature, according to the carrier's proposed methods.

The risk of loss or damage to the Products is transferred to the Buyer at the time of delivery.

3.2. Claims for Missing or Damaged Items

The Buyer must check the condition of the Products upon receipt. It is normal for the packaging to show some signs of wear. If the Buyer is concerned about the condition of the products or if any product is missing, incorrect, or damaged, the Buyer must report it to the carrier or, if this is not possible, report it to Customer Service within one (1) month from the receipt of the Order. The Buyer is advised to keep the shipping box, packaging, and any damaged product. Upon reporting to Customer Service, the Buyer will be contacted by Customer Service as soon as possible to discuss the claim. Once the anomaly is confirmed by Customer Service, they will inform the Buyer of the procedure to follow.

The risks of loss, damage, and theft of the products are transferred to the Buyer or the person designated or authorized upon delivery.

ARTICLE 4 – RETURNS

4.1 Right of Withdrawal

4.1.1 Exercising the Right of Withdrawal

The Buyer has a period of thirty (30) days from the day after receiving the Products to exercise their right of withdrawal, without having to justify their decision. If this period expires on a Saturday, Sunday, or a public holiday, it is extended to the next working day. Beyond this thirty (30) day period, the sale is final. If the Buyer has ordered multiple Products in a single Order, or if delivery was made in several parts, the withdrawal period does not begin until the Buyer takes possession of the last Product or the last part of the delivery.

This right does not apply to the following Products:

• Products made according to the Buyer's specifications or clearly personalized;
• Products unsealed by the Buyer after delivery and which cannot be returned for hygiene or health protection reasons.
  
  

Facilitated conditions and methods for exercising this right by the Seller are available at the following link: [TO COMPLETE]. Otherwise, the Buyer may notify their decision to withdraw to Customer Service by email at contact@polene-paris.com before the expiration of the thirty (30) day withdrawal period:

• by sending the withdrawal form at the end of these T&Cs;
• or by any other unambiguous statement clearly expressing their desire to withdraw.

Simply returning Products by the Buyer or refusing delivery, without prior notification of their decision to withdraw or the procedure indicated in the Return Link, does not suffice to express the Buyer's intention to withdraw.

4.1.2 Returns under the Right of Withdrawal

To exercise a Product return, the Buyer must necessarily create a customer account on the Site. The Buyer has the option to exercise their right of Return with a prepaid label from the Seller. The Seller then issues a return voucher to the Buyer by email, to be printed and affixed to the package. The postal address to which the Product must be returned is indicated on the return voucher provided by the Seller.

The Buyer is advised to keep any proof of this return.

Return costs will be borne by the Buyer and, if applicable, deducted from the refund.

In any case, the Buyer must return the Product to the Seller no later than thirty (30) days following the communication of their decision to withdraw. The Buyer agrees to return the Products:

• in their original packaging, so that the Product is protected,
• in perfect original condition, showing no defects (dirt, damage, scratches),
• complete and accompanied by all Product accessories (e.g., second removable shoulder strap) and provided documents (e.g., box containing the Product, pouch, booklet, instructions),
• unused, unworn,
• unsealed, if applicable,
• accompanied by the corresponding return voucher.

The Seller will check upon receipt if the returned Product meets the above conditions.

Otherwise, the returned Product will not be refunded and may be returned to the Buyer, upon request, provided that the latter covers the reshipping costs.

4.2 Refund

If the return is validated by the Seller, the latter will refund the Buyer the price of the concerned Product:

• no later than thirty (30) days from the date they are informed of the Buyer's decision to withdraw, provided they have received the concerned Product within this period,
• using the same payment method as the one used by the Buyer during the Order, unless expressly agreed otherwise by the latter and in any case without additional costs.

For Buyers residing outside the European Union, the initial delivery costs will not be refunded in the event of the right of withdrawal being exercised, due to the significantly higher logistics costs associated with international shipments. In addition, the Buyer will bear all return costs, as well as any customs duties or taxes applicable when returning the Products.

The returned Product cannot be exchanged. The Buyer must place a new Order.

ARTICLE 5 – DEFECTIVE PRODUCTS

All products offered for sale on the Site can be returned by the Buyer if they are defective, free of charge in accordance with consumer protection laws.

ARTICLE 6 – VERIFICATION OF THE AUTHENTICITY OF RETURNED PRODUCTS

In the context of a return, exchange, repair, or any other restitution of a Product, the Seller reserves the right to verify its authenticity and compliance with current standards.

If a returned Product is identified as a counterfeit, no refund, exchange, or repair will be granted. In accordance with applicable regulations, the Product may be handed over to the competent authorities or securely and irreversibly destroyed, with no possibility of returning it to the Buyer.

The Seller will inform the Buyer of the result of this verification by any written means (email, mail) within thirty (30) days following the receipt of the Product.

The Seller guarantees the exclusive sale of authentic Products and informs the Buyer that a counterfeit Product cannot, under any circumstances, come from a purchase made through its official distribution channels.

As a result, the Seller’s liability cannot be engaged in the event of the return of a counterfeit Product. The Buyer is solely responsible for the origin of the Product they return and must ensure its authenticity before sending it back. In case of doubt, it is recommended that the Buyer contact customer service before taking any steps.

ARTICLE 7 – LIABILITY

To the fullest extent permitted by applicable laws, the Seller shall not be liable for any indirect, general, special, incidental, consequential, punitive, or aggravated damages, or any other damages of any kind, arising out of or in connection with the Products purchased on this Site or their use or misuse, whether arising from breach of contract, tort (including negligence), civil liability, or otherwise, even if it has been advised of the possibility of such damages. This exclusion of liability shall apply notwithstanding the breach of a fundamental term or condition of this agreement or any fundamental breach of this agreement.

In particular, the Seller's liability shall not be engaged in the following cases:

• Loss or damage to the Product after delivery to the Buyer;
• Abnormal use of the Product by the Buyer;
• Failure to maintain the Product or maintenance not in accordance with the Seller's recommendations;
• Poor storage conditions of the Product by the Buyer;
• Allergy to materials or components of the Products as mentioned in the Product sheet.

Furthermore, the Seller reserves the right to make the Site inaccessible if necessary, without notice, particularly in the case of necessary updates or maintenance or technical malfunctions. The Seller shall not be held responsible for events that may hinder continuous access to the Site (interruption of Site access, bugs, malfunctions, or any other technical problem occurring on the Site). The Seller disclaims all liability for direct and indirect damages resulting from the use and/or access to the Site (inaccessibility, data loss, deterioration, destruction, or computer viruses, failures). It is the responsibility of any User connecting to the Site to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any infringement. The connection of any User to the Site is made under their sole responsibility.

ARTICLE 8 – FORCE MAJEURE

In the event of a force majeure event preventing or delaying the execution of the Order or these T&Cs, the Seller shall inform the Buyer as soon as possible by email and shall be released from its obligations described in these T&Cs for the duration of the force majeure event, without any compensation to the Buyer. A force majeure event is any event beyond the Seller's control, preventing it from executing the Order, which could not reasonably have been foreseen at the time of the contract's conclusion and whose effects cannot be avoided by appropriate measures.

ARTICLE 9 – INTELLECTUAL PROPERTY

The brand and, more generally, all illustrations, images, logos, and sound elements appearing on the Products and/or the Seller's Site, their accessories, or their packaging, whether registered or not, are and will remain the exclusive property of the Seller. Any total or partial reproduction, modification, or use of these brands, illustrations, images, logos, and sound elements, for any reason and on any medium, without the express prior agreement of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo, sound elements, and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs and models, patents that are the property of the Seller.

The use of all or part of the Site, including downloading, reproduction, transmission, or representation for purposes other than personal and private use for non-commercial purposes, is strictly prohibited.

The creation of hypertext links referring to any of the pages or elements of the Site can only be done with the prior written authorization of the Seller. This authorization may be revoked at any time. Sites with a hypertext link directing to the Site or to which the Site may refer are not under the control of the Seller, and the Seller therefore declines all responsibility regarding access and content on these sites.

ARTICLE 10 – RETENTION OF OWNERSHIP

THE SELLER RETAINS FULL AND COMPLETE OWNERSHIP OF THE SOLD PRODUCT UNTIL FULL PAYMENT OF THE TOTAL PRICE, INCLUDING PRINCIPAL, FEES, TAXES, AND MANDATORY CONTRIBUTIONS.

ARTICLE 11 – PERSONAL DATA

The Seller collects personal data relating to the Buyer and, where applicable, the recipient of the Order. The purpose, recipients, and conditions of collection and processing of personal data by the Seller are specified in the Privacy Policy. In particular, any Buyer has the right to information, access, opposition, rectification, erasure, restriction of processing, deletion, and the right to portability of personal information concerning them that they communicate in the context of any Order, which they can exercise by writing to the following address: rgpd@polene-paris.com

ARTICLE 12 – APPLICABLE LAW – DISPUTE

If the Buyer or User is located outside the province of Quebec, these T&Cs are governed and interpreted in accordance with the laws of the province of Ontario, excluding conflict of law rules and subject to mandatory and protective consumer provisions provided by the law of the destination country. For any action where the provisions hereof allow the parties to bring a case to court, the Buyer or User expressly consents to submit to the exclusive jurisdiction of a competent court located in Toronto, Ontario.

If the Buyer or User is located in the province of Quebec, these T&Cs are governed and interpreted in accordance with the law of the province of Quebec, excluding conflict of law rules. Any dispute arising from this agreement will be resolved exclusively by the courts of Quebec.

If one of the parties decides not to take action against the other party in the event of a breach of any of its obligations under these T&Cs, this cannot be interpreted for the future as a waiver of the obligation in question.

ARTICLE 13 – CUSTOMER SERVICE

For any information, questions, advice, or complaints regarding the T&Cs or the Products, the Buyer or User should contact the Seller's Customer Service:

• Via the "Contact" form accessible on the Site
• Or by email at: contact@polene-paris.com
• Or by mail at the following address: LA CADETTE - POLÈNE Customer Service 60-62 Rue du Louvre 75002 PARIS

For any legal questions exclusively, you can contact our legal department at the following address: legal@polene-paris.com