ARTICLE 1 – DEFINITIONS

Buyer(s): Any Site User who is a consumer as defined by local consumer law and places an Order for Products on the Site.

TCS : These General Terms and Conditions applicable to the sale of Products.

Order : Purchase of one or more Products by a Buyer on the Site.

Product(s) : designates all items sold by the Seller on the Site, notably fashion accessories and home decoration items.

Customer Service: the Seller’s Customer Service department 

Site: The Internet distance selling site published by the Seller, accessible at https://www.eng.polene-paris.com/ 

Territory: 

  • North America: Bermuda, Canada, United States, Mexico.
  • Central America & Caribbean: Anguilla, Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Costa Rica, Cuba, Curaçao, Dominica, Grenada, Guatemala, Haiti, Honduras, Jamaica, Montserrat, Nicaragua, Panama, Dominican Republic, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, El Salvador, Trinidad and Tobago, Cayman Islands, Turks and Caicos Islands, British Virgin Islands.
  • South America: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, Venezuela.
  • Europe: Albania, Andorra, Armenia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Vatican City, Finland, Gibraltar, Greece, Hungary, Faroe Islands, Ireland, Iceland, Italy, Jersey, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, North Macedonia, Malta, Moldova, Montenegro, Norway, Poland, Portugal, Romania, San Marino, Saint Martin, Serbia, Slovakia, Slovenia, Sweden, Switzerland, Czech Republic, Ukraine.
  • Africa: South Africa, Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Comoros, Congo – Brazzaville, Congo – Kinshasa, Ivory Coast, Djibouti, Egypt, Eritrea, Eswatini, Ethiopia, Gabon, Gambia, Ghana, Guinea, Equatorial Guinea, Guinea-Bissau, Kenya, Lesotho, Liberia, Libya, Madagascar, Malawi, Mali, Morocco, Mauritania, Mozambique, Namibia, Niger, Nigeria, Uganda, Central African Republic, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Somalia, Sudan, South Sudan, Tanzania, Chad, Togo, Tunisia, Zambia, Zimbabwe.
  • Middle East: Saudi Arabia, Bahrain, Iraq, Israel, Jordan, Kuwait, Lebanon, Oman, Qatar, United Arab Emirates, Yemen, Turkey.
  • Asia: Afghanistan, Azerbaijan, Bangladesh, Bhutan, Cambodia, China (Hong Kong SAR, Macao SAR), India, Indonesia, Japan, Kazakhstan, Kyrgyzstan, Laos, Malaysia, Maldives, Mongolia, Myanmar (Burma), Nepal, Uzbekistan, Pakistan, Philippines, Singapore, Sri Lanka, Tajikistan, Taiwan, Thailand, Timor-Leste, Turkmenistan, Vietnam.
  • Oceania: Australia, Fiji, Cook Islands, Solomon Islands, Kiribati, Nauru, New Zealand, Niue, Papua New Guinea, Samoa, Tonga, Tuvalu, Vanuatu.

User: Any person visiting the Site ; 

Seller: POLENE USA as identified in article 2.1 of the GTCS.

ARTICLE 2 – SCOPE OF APPLICATION

2.1 These TCS apply without restriction to all sales of Products made by the Seller, POLENE USA INC, a company existing under the laws of New York, with registered offices at 1411 Broadway FL 16, NEW YORK NY 10018, United States, contact@polene-paris.com, via its Site.

2.2 The distance selling process via the Site is reserved for Buyers. Buyers declare that their purchase is for strictly personal use and not related to any commercial activity. Any Order that clearly does not correspond to a retail sale, and more generally any Order that is fraudulent or presumed to be fraudulent, will be considered null and void by the Seller.

2.3 These TCS apply only to deliveries within the Territory.

ARTICLE 3 – PURPOSE OF TCS 

These TCS inform Buyers of the terms and conditions of sale and delivery of Products via the Site and define the rights and obligations of the Seller and Buyer. 

ANY PRODUCT ORDER IMPLIES THE BUYER’S FULL AND UNRESERVED ACCEPTANCE OF THESE ACCEPTATION OF THOSE TCS . THIS ACCEPTANCE IN NO WAY CONDITIONED BY HANDWRITTEN SIGNATURE ON THE PART OF THE BUYER. 

The TCS can be consulted at any time on the Site and saved electronically or printed.The Seller reserves the right to modify these GTCS at any time without notice by publishing a new version on the Site. Failure by either party to enforce any of the clauses of the TCS against the other party shall not be construed as a waiver of its application in the future.

BUYER NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU (BELOW “DISPUTE RESOLUTION AGREEMENT”). THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE YOUR CLAIMS HEARD BY A JURY. IT CONTAINS MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

ARTICLE 4 – PRIVACY

The PRIVACY POLICY governs how the Seller handles personal information provided by the Buyer and is subject to these TCS .

ARTICLE 5 – PRODUCTION INFORMATION

5.1 Product information

Information about the Products sold via the Site is available, including their references. The Buyer acknowledges that, prior to placing any Order on the Site, they have been informed of the essential characteristics of the Product (including its nature, function, composition, materials, color, dimensions, and care instructions) as well as the price of the Products and any additional costs, particularly delivery costs, to be borne by the Buyer. It is the Buyer’s responsibility to check the list of materials making up the Products on the product data sheet and to be aware of any allergies before placing an Order.

Despite all the care taken by the Seller in presenting its Products on the Site, the Seller cannot guarantee that their actual appearance corresponds exactly to their appearance on the screen. Slight variations (especially in hue) may occur due to the technical limitations of color rendering on computer equipment. The Seller cannot be held responsible for such variations, and they do not affect the validity of the sale. It is also the Buyer’s responsibility to comply with the conditions of use and care of the Products listed on the Product sheets, in accordance with the Seller’s instructions and recommendations.

For any questions relating to the Products and their use, or for any additional questions or requests for advice, the Buyer may contact Customer Service.

5.2 Product availability

The Seller reserves the right to modify the assortment of Products offered for sale on its Site at any time, depending on the constraints of its suppliers. Products are offered for sale as long as they are visible on the Site on the day of consultation by the Buyer and as long as they include an “Add to Cart” button. The product sheet informs the Buyer when the Product in question is no longer in stock or requires a longer delivery time. In such cases, the “Add to Cart” function will be deactivated for unavailable Products, and the words “Out of Stock – Notify me” or “Preorder” will appear below these Products.

In the event that a Product ordered is unavailable after the Order has been placed, Customer Service will contact the Buyer to inform them of this unavailability, the new estimated delivery time, and the Buyer’s right to cancel their Order. In the event of an Order cancellation request, the Seller will refund the full price of the Order as soon as possible, and at the latest within fourteen (14) days of the Order cancellation.

ARTICLE 6 – PRICE

6.1. The sale prices of the Products displayed on the Site are indicated Excluding taxes (HT) outside the European Union and in the local currency and Excluding delivery charges, invoiced to the Buyer in addition, unless otherwise stated. 

Product prices and delivery charges indicated on the Site may be modified at any time by the Seller. The Buyer is advised to consult the TCS and the Site regularly. The applicable prices will be those indicated on the Site at the time of validation of the Buyer’s Order and reiterated in the Order confirmation.

If the Seller notices a pricing error displayed on the Site and/or in an Order placed by a Buyer, for any reason (computer bug, manual error, technical error), the Buyer will be informed as soon as possible. The Seller reserves the right to cancel an Order for a Product affected by an obvious pricing error. If the Order has been paid for, the Buyer will be immediately reimbursed for the amount paid. The Buyer may, if they wish, place the Order again at the corrected and exact price, subject to available stock.

6.2. The Order must be paid for in accordance with the payment terms set out in Article 7.2.4 of these TCS.

6.3 Upon confirmation of the Order, the Buyer will receive written confirmation of the price paid, detailing the unit price of the Products and any delivery charges, as well as the total price paid.

ARTICLE 7 – HOW TO ORDER

7.1 General information

Any User of the Site may view the Products without obligation to purchase. All Users and Buyers are responsible for their own telecommunication costs related to Internet access.

7.2 Steps in the ordering process

7.2.1 Buyer identification

It is not compulsory to open a personal customer account to place an Order on the Site. The Buyer may place an Order for one or more Products, either via their customer account or as a guest. If the Buyer does not have a customer account, they will be invited, if they wish, to create one, indicating their exact identity, contact details, as well as a valid email address and password. Once the Buyer has registered their account on the Site, they will receive a confirmation email enabling them to access their account.

If the Buyer already has a customer account on the Site, they will be asked to identify themselves with their email address and password. Login details and passwords are strictly personal. Each Buyer undertakes to keep them securely and not to communicate them to third parties. In the event of loss, theft, or any other fraudulent use of their customer account, the Buyer undertakes to inform the Seller immediately. Furthermore, should the Seller have reason to suspect that a third party has tampered with a Buyer’s account, password, and/or login, the Seller reserves the right to immediately terminate the account concerned and will inform the Buyer by email or telephone.

In the event of modification of the information communicated for the creation of their account, the Buyer will have to update it directly on the Site.

Emails are sent to the email address provided by the Buyer. The Seller may not be held liable in the event of a typing error or non-receipt of the message confirming shipment or availability of the Order.

7.2.2 Product selection

To place an Order, the Buyer may select one or more Products of their choice from the various categories offered (e.g., type, model, color, size, material) and available for sale on the Site on the day of consultation. The Buyer can add the selected Product to their cart by clicking on the “Add to Cart” button on the Product page. The cart, located in the top right-hand corner of the screen, informs the Buyer that the selections have been taken into account by indicating the number of products it contains. As long as the Order has not been definitively validated, the Buyer can consult and access their cart at any time, modify it, and correct any errors in the elements entered. The shopping cart does not in itself constitute an Order that is binding on the Seller. At this stage of the Ordering process, the total amount of the Order, including VAT, contains only the price due for the Products selected, excluding delivery costs. The Buyer acknowledges that in the event of prolonged inactivity during connection, it is possible that the selection of Products chosen prior to this inactivity may no longer be guaranteed.

7.2.3 Order validation

Once the Buyer has finished selecting the Product(s) they wish to purchase, they must click on the “Order” button. The Buyer will then receive a summary of the Order, indicating the total price of the Order in euros, including the unit cost of the Product(s) and delivery charges where applicable.

If they are satisfied with the Order summary, the Buyer must then complete the following information (or confirm it if it is pre-filled in the case of a customer account):

Their contact details (surname, first name, telephone number, email address);

  • Their choice of delivery method, with delivery costs varying according to delivery method and delivery location;
  • The delivery address (which must be within the Territory defined in Article 1 of the TCS);
  • The billing address, if different from the delivery address;
  • The selected payment method.
  • The Buyer guarantees and is responsible for the accuracy and completeness of the information provided.

The Buyer may modify their Order and rectify any errors at any time prior to payment of the Order.

7.2.4 Payment

Before definitively validating the Order, the Buyer must accept the TCS in force on the Site and then click on the “Continue to Payment” button.

Unless specific conditions apply depending on the country of destination, payment is made exclusively in euros, at the Buyer’s discretion by credit card (by choosing payment by credit card – CB, Visa,Mastercard network, the Buyer is automatically redirected to the dedicated secure payment site), or via their Paypal account, or via their Apple Pay account, or via their Shop Pay account, or via your Klarna account.

If the payment is accepted, the Buyer will automatically see the Order validation page appear on the Site. If payment is not accepted after five (5) attempts, the Buyer will be redirected to a screen on the Site indicating that payment has been refused using the payment method in question.

Unless otherwise specified, payment is made in full and in a single installment at the end of the Order process.

The Buyer’s account will be debited upon confirmation of the Order by the Seller. The Buyer may not cancel the Order once it has been validated and paid for.

In the event of payment by bank card, the Buyer guarantees the Seller that they are the holder of the bank card used to pay for the Order, and that the first and last names appearing on the bank card to be debited are their own. In a secure environment on the Internet, the Buyer communicates the number and expiry date appearing on the front of their bank card, as well as the visual cryptogram numbers appearing on the back of their bank card. This data is automatically transmitted in encrypted mode for verification to prevent misuse and fraud. However, at the time of each transaction, the Seller carries out an analysis of the transaction to limit the risk of fraudulent behavior. In the event of an alert, certain orders may be blocked. In this respect, the Seller reserves the right to ask the Buyer to send proof of identity. If the Seller is unable to verify this, the Buyer or the Seller may cancel the Order. The Seller shall not be held liable for any refusal to process an Order that has been blocked due to suspected fraud. Furthermore, in the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), it proves impossible to debit the sums owed by the Buyer, the Order shall be canceled immediately.

7.2.5 Order confirmation by the Seller

Once the Buyer has validated their Order, the Seller will immediately acknowledge receipt by email to the Buyer.

Once payment has been confirmed and duly made by the Buyer, an Order and payment confirmation will be sent to the Buyer by email. This confirmation of Order and payment will be accompanied by the Order number, the total amount of the Order, details of the Products ordered (nature, quantity, and unit price), and information relating to the cost and estimated delivery time.

The invoice is available on request from the Buyer to Customer Service.

It is agreed between the Seller and the Buyer that emails will be considered as proof between the parties, as will the automatic recording systems used on the Site, particularly regarding the nature and date of the Order.

The Seller recommends that the Buyer keep the confirmation of Order and payment received on paper or in electronic form.

The Buyer is informed that the emails corresponding to the Order confirmation and the payment confirmation are sent to the email address given by the Buyer at the time of the Order. The Seller shall not be held liable in the event of an error in entering the email address concerned. Should the Buyer fail to receive such emails, they are advised to check that they are not in the spam folder.

When an Order is for an amount equal to or greater than one hundred and twenty (120) euros, the Seller shall retain the elements relating to any Order for a period of ten (10) years from the date of delivery. The Seller will make these elements available to the Buyer upon request to Customer Service at contact@polene-paris.com.

7.3 Refusal of orders

The Seller reserves the right to refuse or cancel any Order in the event of a legitimate reason, in particular in the event of :

  • Unavailability of the Product ordered.
  • Orders of an abnormal nature, notably in the case of a quantity of Products and/or an amount to be paid exceeding the usual or normal average needs of a consumer or a household, in the case of an abnormal flow of Orders to the same invoicing and/or delivery address, or in general, in the case of an Order which would suggest that an economic activity is being carried out by the Buyer in relation to the Products ordered.
  • Default of payment or payment incident by the Buyer, including for previous Orders.
  • Bad faith on the part of the Buyer (e.g. fraud or attempted fraud relating to the use of the Site, existing dispute with this Buyer, suspicious bank details).

7.4 Pre-orders

Certain Products, specially indicated on the Site, may be offered for “Pre-order Now”. 

It is possible to include both pre-order and in-stock Products in the same selection. 

Subject to the conditions mentioned on the Products available for pre-order page (delivery times and terms), pre-orders will be subject to the same processes and conditions as those for an Order.

Due to unforeseen circumstances in the production of the Products, the Seller may be obliged in certain cases to cancel all or part of the Buyer’s pre-order. In such cases, the Seller will inform the Buyer without delay.

ARTICLE 8 – TERMS OF DELIVERY

8.1 General information

Products will only be delivered once payment of the full amount of the Order has been received by the Seller, unless otherwise agreed.

Information concerning delivery terms (delivery costs, delivery time, delivery method) is accessible on the Website and indicated to the Buyer at the time of placing the Order (from the cart validation page and on the Order summary page), up to the Order payment stage.

The transfer of the risks of loss, damage and deterioration of the Products will take place as from their delivery to the Buyer, i.e. when the Buyer or the designated or authorized person takes physical possession of the Products at the delivery address indicated by the Buyer at the time of the Order.

8.2 Delivery charges

Delivery charges invoiced to the Buyer are defined according to the nature of the Product, the quantity of Product(s) ordered, the delivery method chosen by the Buyer and the place of delivery. Delivery charges include the processing, packaging, shipping, delivery and tracking of the Order.

Due to the specificities of each order (especially for international shipments), additional fees may apply. These fees may include, but are not limited to, administrative fees or import fees imposed by the carrier itself. These potential additional fees, which cannot be anticipated by the Seller, are not included in the sale price of the Products or in the standard delivery fees, and remain the exclusive responsibility of the Buyer.

8.3 Delivery time

The estimated delivery time appears on the product sheet at the time of purchase and in the Order confirmation email. This is an indicative time corresponding to the average delivery time, which may vary depending on the delivery location and/or delivery method. 

Where applicable, the Seller will inform the Buyer by e-mail of any difficulties encountered which may disrupt or delay delivery, and will inform the Buyer of the foreseeable new delivery time. 

In the absence of a delivery date indicated by the Seller, delivery shall in any event be made within thirty (30) days of the Order, subject to full payment of the price by the Buyer. Failing this, the Buyer may request cancellation of the Order and rescission of the sale. The Buyer will then be reimbursed at the latest within fourteen (14) days of the date of cancellation of the sale.

8.4 Delivery methods

The Products ordered by the Buyer shall be delivered by the Seller or the carrier selected by the Seller to the delivery address provided by the Buyer when placing the Order. For more information, the Buyer is invited to consult the HELP AND QUESTIONS page.

The Seller shall not make any deliveries outside the Territory defined in article 1 of these GTCS. Furthermore, unless previously agreed, deliveries shall not be made to transit agencies, post boxes, hotels not previously authorized by the Seller, nor to military bases or similar areas. The list of restricted delivery locations may be supplemented or adjusted at any time according to the practices and restrictions applicable to the carrier.

  • Home delivery :


Each Order is assigned a tracking number. By logging on to their customer account on the Site, the Purchaser is provided with a link enabling them to track the progress of their parcel via the carrier’s website.

The Buyer is informed by email and/or SMS when the parcel has been picked up by the carrier, and of the delivery date.

The parcel containing the Products ordered and paid for will be delivered by hand against signature to the Buyer or to the person designated or authorized by the Buyer at the delivery address given when the Order was placed. In the event of the absence of the Buyer or his/her representative, the Buyer may choose a new delivery date, or to have the Products delivered to a relay point or a nearby post office. Where appropriate, the Products may be redirected to a carrier collection point or returned to the sender. In certain circumstances, delivery may also be made without a signature, in accordance with the terms and conditions proposed by the carrier.

When an international delivery (and more particularly to a country with customs duties) is refused by the Buyer to the carrier, for any reason whatsoever, the Seller reserves the right to invoice the Buyer for the return costs as well as the customs costs (for the return of the Product to its country of origin). The amount of these costs will be deducted directly from the refund for the Order.

ARTICLE 9 – RIGHT OF WITHDRAWAL AND PRODUCT RETURNS

9.1 Right of withdrawal

The Buyer may take advantage of the internal returns policy offered by the Seller to return a Product.

The Buyer has a period of thirty (30) days from receipt of the Products to exercise his/her right of commercial return using a pre-paid returns label. The terms and conditions for exercising this right are available at the following link:  https://support.polene-paris.com/hc/en-us/articles/360010208559-Return-an-online-order . The initial shipping costs will remain the responsibility of the Buyer.

The Buyer benefits from a right of withdrawal on Products purchased, except for the following Products: Products made to the Buyer’s specifications or clearly personalized ; Products unsealed by the Buyer after delivery and which cannot be returned for reasons of hygiene or health protection.

9.2 Return

In any event, the Buyer undertakes to return Products:

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

If the Buyer has ordered several Products in a single Order, or if the delivery has been made in several parts, the withdrawal period only begins to run when the Buyer takes possession of the last Product or the last part of the delivery.

The simple return of Products by the Buyer or the refusal to accept delivery, without prior notification of his decision to withdraw, is not sufficient to express the Buyer’s wish to withdraw.

In any and all circumstances, the Buyer must return the Product to the Seller no later than fourteen (14) days following the communication of his/her decision to withdraw.

9.3 Reimbursement

If the return is confirmed by the Seller, the Seller will refund the price of the product in question to the Buyer:

  • at the latest within thirty (30) days from the day on which the Seller is informed of the Buyer’s decision to withdraw, provided that the buyer has received the product in question within this period,
  • with the same means of payment with which the Buyer placed the order, unless the Buyer expressly agrees otherwise, and in any case at no additional cost.

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

The returned product cannot be exchanged under any circumstances. The Buyer must place a new order.

ARTICLE 10 – DISCALIMER / LIMITATION OF LIABILITY

10.1. General 

Buyer use of and browsing on the Site are at their own risk.

Neither the Seller nor any party representing or otherwise affiliated with the Seller in creating or presenting the Site are liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages arising out of your use of the Site, except where such liability or damage is the result of the Seller’s own negligence, fraud, willful injury, or willful violation of law. To the extent permitted by law and without limiting any of the foregoing, everything on the Site is provided to you on an “as is” basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, freedom from computer virus, or non-infringement.

10.2 Products

The Products offered on the Site comply with current French and European standards. The Seller may not be held liable 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 to maintain it in accordance with the Buyer’s recommendations;
  • Poor storage conditions of the Product by the Buyer;
  • Allergies to materials or components of the Products as mentioned in the Product data sheet.

The Buyer must ensure that he has read the label before using the Products and that he complies with all instructions for use of the Products.

The Seller only supplies products via the Site for domestic and private use. The Buyer undertakes not to use the products purchased on the Site for commercial, professional or resale purposes. As previously stated, the Seller reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by resellers, dealers or distributors. To enforce this policy, the Seller may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order.

10.3 Site access

The Seller reserves the right to make the Site inaccessible if necessary, without prior notice, in particular in the event of necessary updates or maintenance or technical malfunctions.

The Seller cannot be held responsible for events that may prevent the continuity of access to all or part of the Site (interruption of access to the Site, bugs, malfunctions or any other technical problem affecting the Site).

The Seller declines all responsibility for direct or indirect damage resulting from use of and/or access to the Site (inaccessibility, loss of data, deterioration, destruction or computer viruses, breakdowns). It is the responsibility of all Users connecting to the Site to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. Users of the Site connect to the Site at their own risk.

ARTICLE 11 – 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 12 – RETENTION OF OWNERSHIP

THE SELLER RETAINS FULL OWNERSHIP OF THE PRODUCT SOLD UNTIL FULL PAYMENT HAS BEEN RECEIVED, INCLUDING PRINCIPAL, COSTS, TAXES AND COMPULSORY CONTRIBUTIONS.

ARTICLE 13 – INTELLECTUAL PROPERTY

The trademark and more generally all illustrations, images, logos, and sound elements appearing on the Seller’s Products and/or Site, their accessories or packaging, whether registered or not, are and shall remain the exclusive property of the Seller. Any modification or use of the materials from the Site for any purpose not explicitly permitted is a violation of the Seller’s copyright and other proprietary rights. Any use on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited.

The same applies to any combination or conjunction with any other trademark, symbol, logotype, sound elements, or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyright, designs, and patents owned by the Seller.

The use of all or part of the Site, in particular by downloading, reproduction, transmission or representation for purposes other than personal and private use for non-commercial purposes, is strictly forbidden.Violation of these provisions exposes the perpetrator to the penalties provided for both in particular for copyright and trademark infringement, and in terms of civil liability.

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

ARTICLE 14 – APPLICABLE LAW & AGREEMENT TO ARBITRATE DISPUTES

14.1 Governing law

These TCS will be governed by the laws of the United States and the State of New York, regardless of its conflict of law provisions. Except for small claims actions as allowed therein, any action or proceeding arising from, related to, or in connection with these terms or your use of the site or purchase of products will be exclusively brought in the federal or state courts located in New York. You hereby consent irrevocably to the personal jurisdiction of such courts and acknowledge them as a convenient forum.

Additionally, you agree not to attempt to transfer such action or proceeding to any other forum or jurisdiction under the doctrine of forum non conveniens or otherwise.

14.2 Arbitration

If a Dispute cannot be resolved through the informal dispute resolution procedure, it will be resolved through binding individual arbitration. BUYER AND SELLER BOTH AGREE TO ARBITRATE AND TO GIVE UP ITS RIGHT TO GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY DISPUTE. The Buyer and the Seller delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. 

The Buyer agrees that the arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available on the AAA website at www.adr.org or by calling the AAA at (800) 778-7879. If the AAA is unavailable or unwilling to hear the dispute, the parties will agree upon another arbitration service provider.

Payment of all filing, administrative, and arbitration fees will be governed by the applicable rules of the AAA. The Seller may elect to have the arbitration conducted by telephone.

This Arbitration Agreement shall be governed by and construed and enforced in accordance with the Federal Arbitration Act. The provisions of the Arbitration Agreement shall survive termination of this Agreement or the Buyer’s use of the Websites.

Buyer and Seller agree that this dispute resolution procedure must be followed before initiating any arbitration or filing any claim against the other party. This includes disputes about the validity, scope, or enforceability of this arbitration provision, the Privacy Policy, the Sites, and/or an item purchased through the Sites (“Covered Disputes”). This Agreement to Arbitrate shall not require arbitration of the following types of Covered Disputes: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction (NOS CLASS ACTION) (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the Federal Arbitration Act.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU WAIVE YOUR RIGHT TO MAINTAIN OTHER AVAILABLE DISPUTE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR A CLASS ACTION. NO REPRESENTATIVE PAGA WAIVER.

ARTICLE 15 – CUSTOMER SERVICE

For all information, questions, advice or complaints concerning the GTCS or the Products, the Buyer should contact the Seller’s Customer Service Department: 

  • Via the “Contact” form accessible on the Site
  • Or by email to: contact@polene-paris.com
  • Or by post to the address : 

LA CADETTE – POLÈNE

Customer Service

60-62 RUE DU LOUVRE

75002 PARIS

If you have any questions about these Terms and Conditions (only legal issues), please contact us at legal@polene-paris.com.

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