General Terms and Conditions of Sale
1. Definition of GTCS
These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) are provided by the company Poesis (hereinafter the “Company”), a SASU company with a capital of 1000 euros, registered with the Trade and Companies Register of Bobigny under number B 948 075 619, represented by Héloïse Cugnod, with its registered office at 13 bis rue Garibaldi, 93400 Saint-Ouen-sur-Seine, France.
By validating their Order on the Site, the Buyer declares that they have read, understood, and unreservedly accepted the terms of the Order as well as the entirety of these GTCS.
It is specified that the purchase of Products on the Site is reserved for private use and for individuals who are non-trading consumers with full legal capacity.
Any reproduction, including printing on paper or digital duplication, must comply with the strict legal framework of private copying.
The Site does not allow the purchase of Products for resale purposes (except authorized resellers) or the use of Products for any other commercial purposes (examples: sewing or modeling classes, sale of clothing products made from Poesis sewing patterns, etc.), nor copying, exchanging, transferring, or distributing Products free of charge or for a fee.
All Products marketed by the Company have been registered with the INPI (National Institute of Industrial Property).
The Seller reserves the right to modify the terms, conditions, and provisions of these General Terms and Conditions at any time.
The GTCS in force are those in effect on the date of placing the Order.
2. Definitions
“Client or Buyer”: refers to an adult individual consumer who has placed an Order for one or more Product(s) sold on this Site.
“Order”: Purchase order placed by the Client and processed on this Site.
“General Terms and Conditions of Sale and Use” or “GTCS/GTU” refer to these general terms and conditions of use and online sale, accessible upon simple request.
“Sewing Patterns”: refers to the intangible product (PDF files) containing a pattern and its explanatory booklet (or assembly range) detailing the step-by-step assembly. The link to the instructional video is also provided in the Order.
“Poesis or Company or Seller”: simplified one-person joint-stock company with a capital of 1000 euros, registered with the Trade and Companies Register of Bobigny under number 948 075 619, with its registered office at 13 bis rue Garibaldi – 93400 Saint-Ouen-sur-Seine – France.
“Product(s)”: Goods offered for sale on this Site.
“Site”: Online store accessible at https://www.poesis-couture.com/ and all its subdomains where Poesis offers Products for sale.
“User”: Any individual using this Site or any of the services offered on it.
3. Access to the site and customer account
The Site is accessible free of charge to all Users.
Any order requires registration on the site.
Registration on the site is free and can be done by any individual with full legal capacity.
All fields in the account creation form must be completed, except those indicated as optional. Failure to complete the mandatory fields will result in the non-creation of an account. Each User may only hold one account, and all information provided by the User must be accurate.
When connected to their account, the User can add one or more Products to their virtual shopping cart. They can then access the summary of their virtual shopping cart to confirm the Products they wish to order and proceed with their Order by pressing the “Order” button. The Seller reserves the right to delete any account that does not comply with these GTCS. The deletion of the account results in the permanent loss of services acquired on the Site.
In the event of the Seller deleting the account due to non-compliance with the GTCS, the User is strictly prohibited from re-registering on the site using another email address.
4. Product descriptions
The Products governed by these GTCS are those listed on the Site.
The Products (sewing patterns) are sold with examples of looks and materials but cannot in any case reflect what the customer may create based on their sewing level, tastes, or desires. The Seller cannot be held responsible for any difference between the visual representation of the creation resulting from the ordered sewing pattern and the customer’s personal realization after use and assembly.
The Products are described in a product sheet present on the Site, which details the essential characteristics of the product.
5. Placing the order
Orders are placed in French and in € (Euros), including all taxes (VAT), and take into account any applicable discounts on the day of the Order. The Buyer cannot request the Seller to apply discounts that are not applicable on the day of the Order. For any Order, the Buyer is responsible for the telecommunications costs incurred when accessing the Internet and using the Site. All steps necessary for the Order are indicated on the Site.
For the first Order, the Buyer must create an account on the Site. This account will be accessible at any time by the Buyer using their credentials (email address and password). The Seller cannot be held responsible for any input errors made by the Buyer.
Any Buyer validly registered on the Site will be bound by any Order definitively validated, requiring the entry of their email address and personal password, subject to the right of withdrawal specified in these GTCS.
The confirmation of the Order is made in accordance with the provisions of the Consumer Code, using the “double-click” process. A first click to place the Product(s) in the virtual shopping cart, and a second click on the “Order” button. In accordance with the provisions of the new Article 1127-1 of the Civil Code, the Buyer will have the option, before finally validating their Order, to go back to the previous pages and correct and modify their Order and the information previously provided before confirming it to express their acceptance.
The validation of the Order obliges the Buyer to make immediate payment for their Order. An email acknowledging receipt of the Order and delivering the intangible Product in the form of a downloadable link will be sent to the email address provided by the User. The User must, therefore, provide a valid email address to receive the Product(s).
The Seller reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature, in case of non-payment or partial payment of any amount due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on previous Orders.
6. Price and payment conditions of the order
Prices are mentioned on the Site in the descriptions of the Products, in euros, exclusive of taxes and inclusive of all taxes.
Payment can be made by credit card, PayPal account, or the Client’s Swipe account. The Buyer will be debited the full amount indicated in the summary of the Order on the day of the Order.
The Seller cannot be held responsible for any fraudulent use of the payment method used. The Seller reserves the right to suspend or cancel any Order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any amount due by the Buyer or in the event of a payment incident.
7. Delivery of Digital Products
The Seller undertakes to deliver the Products within 24 hours to the Client’s account. The product can be found in the “My Account” area, under “Downloads.” Simply click on the name of the PDF file to initiate the download.
The Seller cannot be held responsible for any issues arising from force majeure and for reasons beyond their control (e.g., problems stemming from the website host).
8. Right of Withdrawal
In accordance with Article L. 121-21-8, 13° of the French Consumer Code, the Client expressly waives their right of withdrawal.
The first download of the Product constitutes a waiver of the right of withdrawal.
9. Intellectual property
All elements published on the Site (logo, trademark, graphic charter, video, photo, etc.) are protected by the provisions of the French Intellectual Property Code and belong to the Seller. Therefore, it is forbidden to reproduce, modify, transfer, or exploit all or part of the Site without the express written authorization of Poesis. The sewing patterns sold on the Site are protected by copyright law (law of March 11, 1957, and law of July 3, 1985, codified in the French Intellectual Property Code) and have been registered with the INPI (French National Institute of Industrial Property).
It is specified that the purchase of Products on the Site is reserved for private use. Any reproduction, including printing on paper or digital duplication, must comply with the strict legal framework of private copying.
It is strictly prohibited to use the Products for resale purposes (except authorized resellers) or for any other commercial purposes (examples: sewing or modeling classes, sale of clothing products made from Poesis sewing patterns, etc.), nor copying, transferring, exchanging, and/or distributing Products free of charge or for a fee.
All Products marketed by the Company have been registered with the INPI.
Any commercial exploitation may result in civil or criminal proceedings.
10. Legal warranties
The Products sold on the Site comply with the regulations in force in France.
The warranty is limited to the replacement or refund of non-compliant Products or those affected by a defect.
To enforce their rights, the Client must inform the Seller in writing of the non-compliance of the Products within a maximum period of fourteen (14) days from the delivery of the Products or the discovery of hidden defects. The exercise of the right of withdrawal can be done by sending the model withdrawal form provided in Appendix to Article L. 221-5 of the French Consumer Code, by mail to the following address: Poesis 13 bis rue Garibaldi 93400 Saint-Ouen-sur-Seine, or by email to hello@poesis-couture.com.
After the fourteen (14) days period granted to the Client to exercise their right of withdrawal and in the absence of having respected the aforementioned formalities, the Products will be deemed compliant and free from any apparent defect, and no claim will be validly accepted by the Seller.
11. Liability
The Seller’s liability cannot be engaged for any inconveniences or damages inherent in the use of the Internet network, including service interruptions, external intrusions, or the presence of computer viruses.
The Seller cannot be held responsible for the technical availability of websites operated by third parties (including its possible partners) to which the Buyer may access through the Site.
The Seller’s liability cannot be engaged if the intangible files (PDF files) are modified after their purchase, particularly by any printing or reprography company used by the Client.
12. Data privacy
In accordance with the French law n° 78-17 of January 6, 1978, it is recalled that the personal data requested from the Client is necessary for the processing of their Order and the establishment of invoices.
These data are not communicated to any other third party.
These data are kept for security purposes, to comply with legal and regulatory obligations.
The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, and opposition concerning the information concerning them. This right can be exercised by writing to hello@poesis-couture.com.
This Site uses Cookies (a “cookie is a small file stored by a server on a user’s device (computer, phone, etc.) and associated with a web domain (i.e., in most cases, all the pages of the same website).” – CNIL).
Most cookies are intended to enable or facilitate the User’s navigation and are necessary for the operation of the Seller’s online store.
Cookies not necessary for the functioning of the site (which improve the relevance of the Site) are subject to the consent or opposition to the use of these cookies by the User, according to the effective modalities on the Site.
13. Subscription to the newsletter
The User may, if they wish, subscribe to the Company’s newsletter through the registration form on the Site. By subscribing to the newsletter, the User authorizes the Company to send them emails to the address they have provided. The User can unsubscribe from the newsletter at any time by using the unsubscribe link provided in each newsletter received or by sending an email to hello@poesis-couture.com.
14. Applicable law and dispute resolution
These GTCS are governed and subject to French law and are written in the French language. Only the French text will prevail in case of a dispute if these GTCS are translated.
The Client is informed that they can use conventional mediation, particularly with the Commission de la médiation de la consommation (Consumer Mediation Commission), or with the European platform for online dispute resolution (RLL). In the absence of an amicable solution within fifteen (15) days, any dispute relating to these GTCS will be within the exclusive jurisdiction of the courts of the Seller’s registered office. According to Article 46 of the French Code of Civil Procedure, the claimant may bring proceedings before jurisdictions other than the jurisdiction of the defendant’s domicile.
Legal Notice
Publisher
The website “poesis-couture.com” is published by Poesis, a simplified one-person joint-stock company with a capital of 1000 euros, registered with the Trade and Companies Register of Bobigny under number 948 075 619, and with its registered office located at 13b rue Garibaldi- 93400 Saint-Ouen-sur-Seine – France.
To contact Poesis by email: hello@poesis-couture.com
Publication Director: Héloïse Cugnod.
Host
OVH SAS OVH SAS is a subsidiary of OVH Groupe SA, a company registered with the RCS of Lille under number 537 407 926, and with its registered office located at 2 rue Kellermann, 59100 Roubaix – France.
Personal Data
User data communicated on the site is intended for Poesis for the purpose of its administrative and commercial management. Poesis does not share this information with third parties. The right of access and rectification, as well as the right of opposition provided for by French law n° 78-17 of January 6, 1978, relating to data processing, files, and freedoms, as amended in 2004, can be exercised at any time by modifying the personal data concerning the User on the newsletter subscription form and, for data that the User may not have direct access to, upon simple written request addressed to Poesis 13b rue Garibaldi- 93400 Saint-Ouen-sur-Seine – France, or by email: hello@poesis-couture.com.