ARTICLE 1 – DEFINITIONS

 

Buyer(s): Any Site User who is a consumer within the meaning of Federal Law No. 15 of 2020 on Consumer Protection, as amended or replaced from time to time, and its implementing regulations, and who 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): All items sold by the Seller on the Site, including handbags, leather products and other items which the Seller is duly licensed to sell and which are offered for sale on the Site.

Customer Service: the Seller's Customer Service department.

Site: The Internet distance selling site published by the Seller, accessible at ae.polene-paris.com.

Territory: United Arab Emirates.

User: Any person visiting the Site.

Seller: POLENE MIDDLE EAST TRADING L.L.C as identified in Article 2.1 of the TCS.

ARTICLE 2 – SCOPE OF APPLICATION

 

2.1 These TCS apply without restriction to all sales of Products made by the Seller, POLENE MIDDLE EAST TRADING L.L.C, a single-owner limited liability company (L.L.C – S.O.) incorporated and licensed under the laws of the United Arab Emirates, under Licence No. 1582845 and Registration No. 2771529, with its registered office at Shop 41J, Mall of the Emirates, Al Barsha First, Dubai, United Arab Emirates, 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. In such circumstances, any amounts paid will be refunded to the Buyer, except to the extent that the Seller is entitled to withhold such amounts under applicable law.

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 CONSTITUTES THE BUYER'S FULL AND UNRESERVED ACCEPTANCE OF THESE TCS. THIS ACCEPTANCE SHALL IN NO WAY BE CONDITIONED BY HANDWRITTEN SIGNATURE ON THE PART OF THE BUYER.

 

TCS can be consulted at any time on the Site and saved electronically or printed. The Seller reserves the right to modify these TCS at any time without notice by publishing a new version on the Site. The TCS applicable to an Order will be those in force at the time the Buyer places that Order. 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.

ARTICLE 4 – PRIVACY

 

The Seller processes personal data provided by the Buyer in connection with the use of the Site and the placement and fulfilment of Orders in accordance with its Privacy Policy, available on the Site. The Buyer is invited to review the Privacy Policy before placing an Order. 

Personal data may be processed where necessary to process and fulfil Orders, arrange payment and delivery, manage returns and refunds, provide customer support, prevent fraud and misuse of the Site, comply with applicable legal and regulatory obligations, and establish, exercise or defend the Seller’s legal rights.

The Buyer is responsible for ensuring that the personal data provided to the Seller is accurate and up to date. 

Where personal data is required for any of the above purposes, failure to provide such data may result in the Seller being unable to accept, process or fulfil an Order or provide the relevant services.

ARTICLE 5 – PRODUCT 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.

Product photographs, images and descriptions are provided for illustrative and informational purposes. Minor variations which do not affect the essential characteristics or quality of the Product shall not constitute a lack of conformity.

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 “Pre-Order” 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 and, where applicable, the new estimated delivery time, as well as the Buyer's right to cancel their Order. Any amount paid in respect of the cancelled Product or Order will be refunded as soon as possible and at the latest within fourteen (14) days of cancellation.

ARTICLE 6 – PRICE

 

6.1 The sale prices of the Products displayed on the Site are indicated in UAE Dirhams (AED), inclusive of all applicable taxes (including VAT), but excluding delivery charges, which are charged 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 reimbursed for the amount paid as soon as reasonably possible and, in any event, within fourteen (14) days. 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.

6.4 The Seller shall not be responsible for any fees or charges independently imposed on the Buyer by their bank, card issuer or payment service provider in connection with an Order or refund, to the extent permitted by applicable law.

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 secure and not to communicate them to third parties. The Buyer is responsible for ensuring that the information associated with their customer account is accurate, complete and up to date. The Buyer must promptly notify Customer Service of any suspected unauthorised access to or use of their account.

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 suspend or, where reasonably necessary, 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 UAE Dirhams (AED), 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 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.

Payment is made exclusively in UAE Dirhams (AED), at the Buyer's discretion by credit card (by choosing payment by credit card, such as the Visa or Mastercard network, the Buyer is automatically redirected to the dedicated secure payment site), or via their Apple Pay account, or via their Google Pay 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 instalment at the end of the Order process.

The Buyer's account will be debited upon confirmation of the Order by the Seller. Once the Order has been validated and paid for, it may only be cancelled in accordance with these TCS and the Buyer’s rights under applicable UAE law.

In the event of payment by bank card, the Buyer guarantees that they are either the holder of the bank card used to pay for the Order or have been duly authorised by the cardholder to use that bank card for the purchase. Polène reserves the right to request any information or documentation reasonably necessary to verify the Buyer’s authority to use the bank card and/or to prevent fraudulent or unauthorised transactions. 

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 centre, etc.), it proves impossible to debit the sums owed by the Buyer, the Order shall be cancelled 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 Buyer’s submission of an Order constitutes an offer to purchase the relevant Product(s). The sale is concluded when the Seller sends the Buyer the Order and payment confirmation referred to above.

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.

 

The Seller shall retain the elements relating to any Order for the period required under applicable UAE law, 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

Before an Order has been accepted in accordance with Article 7.2.5, 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, where the quantity of Products ordered exceeds seven (7) bags per Order, or where the amount to be paid exceeds the usual or normal average needs of a consumer or 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).
• Where the Buyer has provided incomplete, inaccurate or unverifiable information necessary to process or deliver the Order.
• Where the Seller reasonably suspects unauthorised or fraudulent use of a payment method.
• Where accepting or fulfilling the Order would result in a breach of applicable law or regulation.

 

7.4 Pre-Orders

Certain Products, specifically 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. 

Where the Seller cancels all or part of a pre-Order, any amounts paid in respect of the cancelled Product(s) will be refunded to the Buyer as soon as reasonably possible and, in any event, within fourteen (14) days of cancellation.

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 Site 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, 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.

Delivery times may be affected by circumstances outside the Seller’s reasonable control, including carrier delays, adverse weather conditions, governmental measures or other events affecting transportation or delivery. 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 Buyer is responsible for ensuring that the delivery address and contact details provided when placing the Order are accurate and complete. The Seller shall not be responsible for a failure or delay in delivery resulting from inaccurate or incomplete information provided by the Buyer, without prejudice to the Buyer’s mandatory rights under applicable law.

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 TCS. Furthermore, unless previously agreed, deliveries shall not be made to transit agencies, post boxes, hotels not previously authorised 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 Buyer 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 authorised by the Buyer at the delivery address given when the Order was placed. In the event of the absence of the Buyer or their representative, the Buyer may choose a new delivery date.     

If delivery cannot be completed because the Buyer or an authorised recipient is unavailable, the carrier may make further delivery attempts or make the Order available for collection in accordance with the carrier’s applicable procedures. If the Order is ultimately returned to the Seller following unsuccessful delivery attempts attributable to the Buyer, the Seller may cancel the Order and refund the price paid for the Products, less any delivery and return costs incurred by the Seller, to the extent permitted by applicable law.

In certain circumstances, delivery may also be made without a signature, in accordance with the terms and conditions proposed by the carrier.

 

8.5 Split Delivery

The Seller may, where necessary, deliver Products forming part of the same Order in separate shipments. Where an Order is divided into separate shipments by the Seller, the Buyer will not incur additional delivery charges solely as a result of the Order being split.

8.6 Inspection on delivery

The Buyer is encouraged to inspect the condition of the parcel and Products upon delivery. Any visible damage to the parcel, missing Products, incorrect Products or other apparent issue should be reported to Customer Service as soon as reasonably possible.

ARTICLE 9 – PRODUCT RETURNS

 

9.1 Commercial return

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 this commercial right of return using a pre-paid returns label. The terms and conditions for exercising this right are available at the following link: 

Arabic: https://support.polene-paris.com/hc/ar-ae/articles/360010208559-Return-an-online-order 

English: https://support.polene-paris.com/hc/en-ae/articles/360010208559-Return-an-online-order

The initial shipping costs will remain the responsibility of the Buyer.

The Buyer benefits from this commercial right of return on Products purchased, except for the following Products:      

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

9.2 Return conditions

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,
• sealed, 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 return 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 return, is not sufficient to express the Buyer's wish to return the Product.

Should the Buyer choose to use a return method or carrier other than the return method and carrier designated by the Seller, the Buyer bears the risk of loss of or damage to the Product during return transportation until the Product is received by the Seller. The Seller therefore recommends that the Buyer use a tracked and, where appropriate, insured delivery service.

The Seller may, to the extent permitted by applicable law, reduce the amount refunded to reflect any loss in value of a Product resulting from handling by the Buyer beyond what is reasonably necessary to inspect its nature, characteristics and condition. 

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 return the Product, provided that the Seller 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.

The initial delivery fees will not be refunded in the event of a commercial return. Additionally, the Buyer will bear any applicable duties or taxes when returning the Products.

The returned product cannot be exchanged under any circumstances, except where the Buyer is entitled to a replacement under applicable UAE consumer protection law. The Buyer must otherwise place a new Order.

 

9.4 Statutory rights for defective or non-conforming Products

Nothing in this Article 9 affects the Buyer's mandatory statutory rights under applicable UAE consumer protection law in respect of Products that are defective, damaged on delivery, or that do not conform to their description. Where such statutory rights apply, the Buyer may be entitled to repair, replacement or a refund in accordance with, and within the periods provided by that law, at no cost to the Buyer.

Where the Buyer believes that a Product is defective, damaged on delivery or does not conform to the Order, the Buyer should contact Customer Service and provide the Order details and reasonable information concerning the issue. Customer Service will provide the Buyer with the applicable instructions for assessment and return of the Product. 

Where the Product is confirmed to be defective or non-conforming, the Seller will bear the reasonable costs of return and provide the remedy required under applicable UAE law.

In addition to the Buyer's mandatory statutory rights, Polène offers a commercial warranty of two (2) years from the date of delivery of the Product. This warranty is subject to Polène’s applicable warranty terms, eligibility criteria and procedures. Polène reserves the right to inspect the Product and determine whether the warranty applies and whether any repair or after-sales service is available. 

 

ARTICLE 10 – DISCLAIMER / LIMITATION OF LIABILITY

10.1 General

Nothing in these TCS excludes or limits any liability of the Seller, or any right or remedy of the Buyer, which cannot be excluded or limited under applicable UAE law.

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

To the extent permitted by law, 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 the Buyer's 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 standards. Subject to the Buyer’s rights under applicable UAE law, the Seller may not be held liable in the following cases:

• Loss or damage to the Product after delivery to the Buyer;
• Misuse, negligence, or abnormal use of the Product by the Buyer;
• Failure to maintain the Product or to maintain it in accordance with the Seller'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;
• Fair wear and tear;
• Accidental or wilful damage caused after delivery;
• Alteration, modification or repair of the Product by a person not authorised by the Seller;
• Failure to follow applicable care, storage or use instructions provided by the Seller.

The Buyer must ensure that they have 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 its 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.

The Seller reserves the right to refuse a commercial return and any corresponding refund where the Product returned is not the Product originally purchased under the relevant Order, including where the serial number, product reference or other identifying features do not correspond to the Seller's records.

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 ensuring that the Product being returned is the Product purchased from the Seller.

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 of all amounts due in respect of that Product 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 copyright and trademark infringement, as well as civil liability.

 

The use of automated systems, scraping tools, robots or other means to extract, reproduce or commercially exploit content from the Site is prohibited, except to the extent such restriction is prohibited by applicable law.

The creation of hypertext links to any of the pages or elements of the Site may only be made with the prior written authorisation of the Seller. Such authorisation 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 – FORCE MAJEURE

The Seller shall not be liable for any delay or failure to perform its obligations under these TCS to the extent caused by an event or circumstance beyond its reasonable control, including natural disasters, fire, flood, war, civil disturbance, governmental action, trade or import restrictions, strikes, interruption of transport services, failure of telecommunications or payment systems, or comparable events beyond the Seller’s reasonable control.

The Seller will inform the Buyer as soon as reasonably possible where such an event materially affects an Order. If the event prevents the Seller from fulfilling the Order, the Seller may cancel the affected Order or Product and will refund any amount paid in respect of the cancelled Product as soon as reasonably possible and, in any event, within fourteen (14) days.

ARTICLE 15 – SEVERABILITY

If any provision of these TCS is held to be invalid, illegal or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable or, if such modification is not possible, shall be severed from these TCS. The remaining provisions shall remain in full force and effect.

ARTICLE 16 – ENTIRE AGREEMENT

These TCS, together with the Order confirmation and any policies or terms expressly incorporated into them, constitute the agreement between the Seller and the Buyer in relation to the relevant Order, without prejudice to any mandatory rights available to the Buyer under applicable law.

ARTICLE 17 – APPLICABLE LAW & DISPUTE RESOLUTION

 

17.1 Governing law

These TCS shall be governed by and construed in accordance with the laws of the United Arab Emirates.

In the event of any dispute arising out of or in connection with these TCS, including their application, interpretation or performance, either party may notify the other party in writing of the dispute. The Buyer and the Seller shall seek to resolve the dispute amicably and in good faith.

If the dispute cannot be resolved amicably within thirty (30) days of such written notice, either party may refer the dispute to the competent courts in accordance with Article 17.2 below.

17.2 Jurisdiction 

If the dispute has not been resolved amicably in accordance with Article 17.1, either the Buyer or the Seller may refer the dispute to the competent courts of Dubai, United Arab Emirates. Subject to any mandatory provisions of applicable law, the parties submit to the exclusive jurisdiction of the courts of Dubai in respect of any dispute, claim or proceedings arising out of or in connection with these TCS, including any dispute relating to their existence, validity, interpretation, performance, breach or termination.

 

Notwithstanding the foregoing, nothing in this Article 17 shall prevent the Seller from seeking urgent, interim, conservatory or injunctive relief from any court of competent jurisdiction where such relief is necessary to protect its rights or interests.

ARTICLE 18 – CUSTOMER SERVICE

 

For all information, questions, advice or complaints concerning the TCS 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 (legal issues only), please contact us at legal@polene-paris.com.