Terms of service
1-Designation of the Parties
1.1. Pompom Paris
1.1.1. The website www.pompom-paris.com (The" Site ") Is published and operated by the company POMPOM, a simplified joint-stock company with a single partner with a capital of 1,000.00 euros, located 37 rue de Grenelle, 75007 Paris (France), registered in the Paris Trade and Companies Register (05) under the number 878 We "Or" POMPOM ”). IntraCommunity VAT: FR 4878231505.
1.1.2. The Site is hosted by the company Squarespace Ireland Ltd, a company incorporated according to Irish laws, located Le Pole House, Ship Street Great, Dublin 8, Ireland, registered as number 527641.
1.1.3. If you have any questions, you can contact us by mail at the address above, by email at Contact@pompom-paris.com , Or through the dedicated contact form, heading « Contact us "From the Site's drop-down menu (the" Service customer ”). You can also contact the host by mail at the address above or by phone at + 35 (0) 319058597.
1.2. The User
These General Conditions of Use (" CGU ") Are concluded between POMPOM and Internet users (" The User "Or" You ”) That connect, navigate and use the Site.
2 - Object and Application of CGUs
2.1. The purpose of the GCAs is to govern the rights and obligations of the User when he/she connects and browses the Site. When you log on to the Site, We strongly recommend that you carefully read all the provisions of the CGU before continuing to browse. You can always read the CGUs on the Site, accessible from the bottom of each of the pages of the Site. You can also reach the Customer Service for any questions relating to the CGU. The fact of continuing your navigation on the Site carries your full and unreserved consent to the CGUs, which You certify having read and understood.
2.2. The purpose of the GCAs is also to govern the rights and obligations of the User when he/she opens a customer account. When you create a customer account, you are systematically invited to read and accept the GMCs. POMPOM invites you to carefully read all the contractual provisions of the CGUs before creating your customer account. You can always read the CGUs on the Site before confirming the opening of your customer account, accessible from the bottom of each of the pages of the Site. You can also reach the Customer Service for any questions relating to the CGU. The fact of opening a customer account carries your full and unreserved consent to the CGUs, which You certify having read and understood.
2.3. The purpose of the GCAs is not to inform the User about the terms and conditions of order, sale and delivery of the products offered for sale on the Site, nor to govern the rights and obligations of the parties for the sale of the products purchased by the User on the Site. For more information on this subject, the CGU are supplemented by the [General sales requirements] . The CGUs are also supplemented by the terms of protection of the User's personal data [PERSONAL DATA PROTECT & COOkIES]. These documents are also accessible from the bottom of each of the pages of the Site.
3-POMPOM commitments & responsibility
3.1. Access and navigation on the Site
3.1.1. We implement all the means at our disposal to ensure access to the Site. However, we cannot guarantee the operation without interruptions or suspensions of access to the Site. In particular, we may have to carry out various maintenance, update and/or corrections operations of the Site, which may temporarily disrupt its access.
3.1.2. You can access and browse the Site without first creating a customer account. In particular, You will find additional information about POMPOM, its products and the functionality of the Site by consulting the headings" About "And" FAQ ".
3.2. Create a customer account
3.2.1. You must create a customer account in order to order products offered for sale on the Site. The opening of a customer account entailed no obligation to place orders for said products. Opening a customer account is free.
3.2.2. To create a customer account, you must go to the Site and from the homepage click on the tab" Account ", Located in the drop-down menu on the left of the screen, or on the corresponding pictogram located at the top right of the screen. A page is displayed from which you must click" Don't have an account? Create one now ". You are then invited to fill in the fields of the form: first name, last name, email address and password. All this information is mandatory to open the customer account. You are also invited, by checking the appropriate box, to accept the collection and processing of your personal data entered for the purpose of creating your customer account. If you refuse such processing of your personal data, we will not be able to open your customer account. To finalize the account creation process, you need to click" Create my account ". An email is sent to you at the address provided, containing a link. You must then click on" Activate my account To allow us to confirm the address provided and open your customer account. Once your email address is confirmed, a second email is sent to You confirming the creation of your customer account. Your customer account will not be opened until you have clicked on this link. You can interrupt the process of opening customer account at any time.
3.3. Access & customer account features
3.3.1. To access your customer account, You must go to the site and from the homepage click on the tab" Account ", Located in the drop-down menu on the left of the screen, or on the corresponding pictogram located at the top right of the screen. A page is displayed from which You are invited to indicate in the corresponding form your identifier, namely your email address and your password, then click on" Connection ".
3.3.2. Once connected to your customer account, you can place order and/or continue placing your order. You can also view the history of your orders placed, and administer your customer account.
3.3.3. If you forget your password, you must go to us on the site and from the homepage click on the tab" Account ", Located in the drop-down menu on the left of the screen, or on the corresponding pictogram located at the top right of the screen. A page is displayed from which you must click" Password forgotten? "In the field" Password » Of the form that is displayed. A new page is displayed, from which you must indicate in the field" Email In the form the email address you entered when creating your customer account, then click on" Recover ". An email is sent to you at the address provided, containing a link. You must then click on" Reset your password To allow us to redirect you to a page from which you are invited in the corresponding form to indicate a new password, and confirm it, then click on" Resetting ".
3.4. Responsibility of POMPOM
3.4.1. POMPOM is committed to providing content on the Site in accordance with applicable legislation and regulations, and to carrying out its obligations under good faith EAs. In addition, POMPOM undertakes to implement all necessary and reasonable measures, in accordance with the legislation and regulations in force, to ensure the protection of the Site and customer accounts.
3.4.2. Please reserve legal and regulatory provisions, We draw your attention to the fact that our liability cannot be sought if the non-performance of our obligations resulting from the CGU results from the fault of a third party foreign to the provision of the services provided for by the CGU, the User or the occurrence of an event.
3.4.3. If necessary, hypertext links can be inserted on the Site and direct You to websites third party to the Site. We draw your attention to the fact that We do not exercise any control over these websites, except, where applicable, the content of the official POMPOM pages of social networks. Accordingly, We invite You to take every precaution when you access and browse these third-party sites. In addition, You certify that POMPOM is neither responsible for the accuracy of their content nor for compliance with the legislation and regulations in force by them.
4-User commitments and responsibilities
4.1. Access, navigation and use of the Site
4.1.1. The User agrees to access, browse and use the Site in accordance with the legislation and regulations in force. In addition, You certify that you undertake to respect all the provisions of the CGU.
4.1.2. You certify that your personal business is in place the means of any kind that are necessary for access and navigation on the Site. Any related costs are your sole responsibility. We draw your attention to the fact that the internet network is not secure. It is up to you to take all appropriate measures to protect your devices, software and/or data, including login identifiers to your customer account, accordingly.
4.1.3. In particular, You undertake to access, navigate and use the Site as a reasonable person placed in the same situation, with respect to other Users, POMPOM, its partners and any other natural or legal third party. Accordingly, You must in particular refrain from:
- Divert the Site from its purposes for fraudulent purposes or to harm anyone;
- Disrupt or prevent the operation of the Site, such as the voluntary or involuntary clogging of the servers, the sending of wild mailing (spam, email bulk, e-mail junk or email bombing), the sending of attractive messages necessarily generating an imposing number of its responses use computer viruses or any other code or program, Designed to interrupt, destroy, disrupt or limit the functionality of the Site;
- Use the Site for commercial purposes, through unfair and/or parasite acts;
- Divert and/or the identity of POMPOM and/or its managers, employees and employees, from a natural or legal third party as well as the identifiers and passwords of other Users.
4.2. Customer Account
4.2.1. You certify that you enter a valid email address when opening your customer account, to which You have legal access.
4.2.2. When opening your customer account or resetting your password, We recommend that you select a sufficiently complex password (at least 12 characters, consisting of letters, numbers and special characters), change it regularly and keep it secret. If You receive an email to reset your customer account password when You are not the source of such a request, we recommend that you change it and inform Customer Service without delay.
4.2.2. Subject to the legal and regulatory obligations of POMPOM as well as the stipulations of the CGU, You certify that you are solely responsible for the use that can be made of your customer account. Any access to your customer account made from your access identifiers will be deemed to have been made by Yourself. In particular, You are responsible for the use of your customer account by a minor placed under your authority or custody.
4.2.3. We reserve the right to close, temporarily or permanently, any account the User has failed to do with one of the principles set out in Article 4 of the UGCs.
5-Intellectual properties & personality rights
5.1. The Site, as a whole and/or in its elements taken in isolation, each of which is the text, visual and/or sound elements that compose it (namely marks, logos, drawings and models, illustrations, photographs, publications, animations, videograms, the phonograms, Software, source codes and databases) as well as products and their accessories (presentation methods, packaging, etc.) Which are presented there for sale, are the exclusive property of POMPOM or the holders of the intellectual property rights concerned. All these elements are protected by copyright, trademark law, design law, patent law and/or rights Sui generis .
5.2 Accordingly, You certify that any reproduction, representation, communication, download, adaptation, translation, modification, extraction or use, total or partial, identical or similar, of any of these elements belonging to POMPOM or to a third party, For any reason and for any medium whatsoever requires the written and prior authorization of POMPOM or their holders, except when authorized by law. Otherwise, you are likely to carry out an act of infringement and/or unfair competition and/or parasitism, or to characterize an infringement of the personality rights of the holders of these rights.
5.3. As a result, You certify that in the event of a breach of any of these obligations, You are liable to legal proceedings before civil and/or criminal courts. In addition, in such a case, We reserve the right to close, temporarily or permanently, any account whose User has failed to do with one of the principles set out in Article 4 of the UGCs.
6-Personal data & connection witnesses
We invite you to consult the terms of protection of Your personal data, accessible Here Or from the bottom of each of the pages of the Site, to obtain information relating to the protection of your personal data and the use of login witnesses.
7 - Modification of CGUs
We may have to modify or update the Website's UGs at any time, in particular in application of a legislative or regulatory provision or to adapt them to changes in the activities and/or content of the Site. If you already have a customer account, we will invite you to take note of the modified UGMs, and if You consent, to accept them. Otherwise, We reserve the right to delete your customer account, and You certify You agree to no longer access, browse and/or use the Site, except to reverse your decision.
8-Applicable law, conflict resolution and competent court
8.1. CGUs are governed by French law and regulations.
8.2. In the event of a dispute, the User has the possibility, before any legal action, to resort to an amicable solution and in particular to a conventional mediation procedure or to any other alternative method of settling disputes. In particular, the User and/or POMPOM can resolve a dispute through the online dispute resolution platform set up by the European Commission, accessible at the following address: https://webgate.ec.europa.eu/odr / . From this platform, the parties can file an online appeal against the other, who will be informed. The Client and POMPOM will together choose an out-of-court dispute resolution body to which the Dispute Resolution platform will forward the dispute.
8.3 . The French courts are competent.
8.4. However, if the User resides in a State other than France, he cannot be deprived of the protection provided by the imperative rules of the legislation of his country of residence.