1. PURPOSE AND APPLICATION OF THE GENERAL CONDITIONS OF SALE
The following provisions establish the general conditions of sale of the products offered by the company POK POK on its webwebsite at the following address: www.pokpokmadagascar.com
The Customer must be aware of the GTC prior to any order, the GTC being available on the webwebsite. POK POK reserves the right to adapt or modify these T & Cs at any time.
Clicking on the “I accept the general conditions of sale” icon means that you accept these general conditions of sale.
Clicking on “Confirm your order” means that you definitively confirm your order.
POK POK is a sole proprietorship whose head office is located at 5 Rue Lattre de Tassigny, Toamasina, Madagascar.
These general conditions of sale aim to define, exclusively because of the relationships they establish on the Internet, the reciprocal rights and obligations of the parties as well as the various stages of the ordering process.
2. WEBSITE INFORMATION AND WEBSITE ACCESSIBILITY
www.pokpokmadagascar.com is a commercial webwebsite for online sales, owned and managed by the entity POK POK.
The website is accessible to all users of the Internet network in principle 24 / 24h, 7 / 7d, except if interruption, programmed or not, by POK POK or its service providers, for the needs of its maintenance and / or security or in case of “force majeure” (as defined below). POK POK cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the website.
POK POK does not guarantee that the website will be free of anomalies, errors or bugs, nor that the website will operate without breakdown or interruption. In this regard, he can freely and at his own discretion determine any period of unavailability of the website or its content. POK POK cannot be held responsible for data transmission problems, connection or unavailability of the network.
POK POK reserves the right to change the website, for technical or commercial reasons. When these modifications do not alter the conditions of the provision of services, in a substantial and negative manner, the Customer may be informed of the modifications made, but his acceptance is not requested.
3. ORDER ON THE WEBSITE
To be able to place an Order, the Customer must validate his bag by following the steps indicated on the website (summary of the order, delivery address, method of payment).
The Customer receives an order confirmation email.
In the event of an error in the wording of the recipient’s contact details, POK POK cannot be held responsible for the impossibility of delivering Products.
By ordering on the Website, the Customer declares and guarantees to POK POK that he is of legal age and has the legal capacity to contract.
3.1 – Registration of an order:
The customer interested in an article visible on the website www.pokpokmadagascar.com, order directly via the website: www.pokpokmadagascar.com
The customer who places his order directly on the website www.pokpokmadagascar.com must follow the following procedure:
– At any order, the customer must fill out a form containing the following information: title, name, complete delivery address, email and phone number. He then specifies the chosen delivery method.
– The customer will choose the different products in which he is interested and will successively click on the link “Add to basket”. At any time, he will have the possibility:
To obtain a summary of the selected products by clicking on the link “My bag”
Continue shopping by clicking on the “Continue shopping” link
Complete your selection and place the order by clicking on the “Place order” link
Once the user has been identified, he must validate the delivery address and then an order form will appear summarizing: the nature, quantity and price of the products selected by the user, as well as the chosen payment method, the contact details of the user and the delivery address of the package.
3.2 – Confirmation of the order:
After having read the status of his order, and once all the requested information has been completed by the customer, the latter will click on “Proceed to secure payment” to definitively confirm his order. After having validated his method of payment, the customer validates definitively and irrevocably his order with the effects indicated below.
Payment by credit card Visa, Mastercard, via the secure payment platform. The customer validates his address, the product (s) and the total price. The customer must provide his bank card number, its expiration date as well as the cryptogram number (3-digit number on the back of the bank card).POK POK will acknowledge receipt of the order as soon as it is validated by email or by any other means at its convenience, in accordance with the provisions of article L121-19 of the consumer code.
Payment by Paypal account via the Paypal payment platform, according to the terms provided by the said payment system.
The Products offered for sale are those described on the Website on the day of consultation of the Website by the Customer, within the limit of available stocks. These indications are updated automatically in real time. However, any error in the update, whatever its origin, does not engage the responsibility of POK POK.As such, POK POK cannot be held responsible for the cancellation of an Order for a Product due to exhaustion of stocks.
The products offered for sale are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, POK POK cannot be held liable. The photographs and texts illustrating the products are not contractual.
In the event of unavailability beyond 45 days of a product ordered and paid for, the customer will be informed by email. The cancellation of the order for this product and its refund will then be made, the rest of the order remaining firm and final.
POK POK does not guarantee the accuracy or security of information transmitted or obtained through the Website.
Prices are in euros and dollars. They take into account any reductions as well as VAT, applicable on the day of the order. The prices indicated are guaranteed within the limits of available stocks except for significant modifications of the charges and in particular of the VAT, and except typographical error or omission. POK POK reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of the ordering, subject nevertheless to the availability of the products. The products remain the property of POK POK until full payment of the price. Customs clearance taxes for orders outside Madagascar will be charged to the customer.
The amount owed by the customer is the amount indicated on the order confirmation sent by e-mail by POK POK to the customer. Payment will be made, unless the server is unavailable, immediately on the Internet by Credit Card (Blue, Visa, Mastercard).
In any case, POK POK reserves the right to refuse any order or any delivery in the event of an existing dispute with the customer, total or partial non-payment of a previous order by the customer, refusal of authorization of payment by credit card from banking organizations, non-payment or partial payment. The responsibility of POK POK can in no case be engaged in this respect.
For any amount greater than one hundred and twenty euros, in accordance with article L.134-2 of the Consumer Code, POK POK will archive proof of the written conclusion of the sale on paper or electronically during the legal deadlines. applicable. The customer has access to this document at any time, on request made to POK POK by attaching a supporting document of his identity.
7. SECURING TRANSACTIONS
To ensure the security of payments, the website www.pokpokmadagascar.com uses the secure 3D secure payment service .
Confidential data (the 16-digit bank card number, the expiration date and the security code ) are directly transmitted encrypted to the bank’s server without passing through the physical media of the POK POK server .
When the order is validated, the payment request is routed in real time to the secure 3D secure electronic payment manager . This sends an authorization request to the bank card network. The electronic payment manager issues an electronic certificate.
8 . DELIVERY
8. 1 Terms of delivery
The packages will be prepared s and sent s in the following 2 days of receipt of the order the customer and its payment.
Delivery times vary between 7 and 21 days after validation of the customer’s order.
During commercial operations, POK POK reserves the possibility of an additional 2 working days on deliveries.
International delivery is free, but POK POK reserves the right to increase any order by an additional cost in the event of excess weight or for any other necessary reason that the customer accepts through these GTC .
The delivery of all orders will be ensured by DHL, guaranteeing a quality of service, and the possibility of being followed, thanks to a tracking number.
In the event of a delivery delay of more than 30 days, POK POK cannot be held responsible, but the Customer may cancel his order and request a refund.
8.2 Duties and taxes:
Deliveries to countries other than Madagascar may give rise to payment of duties and taxes levied by the customs service upon arrival in the country. The responsibility for the payment of these taxes will be borne by the customer. The prices indicated on the Pok Pok website do not in any way include these taxes and customs fees.
In the event of a refusal to pay these taxes, the customer will be responsible for returning the package to Pok Pok Madagascar in order to receive a refund.
The refund will be made once the package has been received.
The customer can contact the tax and customs department of his country to obtain more information on the amounts to be paid.
The products are shipped with the delivery slip to the delivery address indicated by the customer when ordering.
POK POK reserves the right to refuse to deliver orders from individuals to collective addresses such as, for example, offices, healthcare establishments, stays. In the event of delivery to a collective address, the customer acknowledges that the obligation of www.pokpokmadagascar.com for the delivery of the order ends with the actual delivery to the collective address indicated in his order form, then even that the shipment is not received by the final recipient but by a third party.
9 . RETURNS AND EXCHANGES
The risks of transport are borne by the customer, who must formulate a reasoned protest to the transporter.
However, despite all the care taken by POK POK in preparing the packages, a product may be missing. Likewise, after transporting the package, one of the products may prove to be defective.
This is why, upon receipt of his order, the customer will check the conformity of the products received. Any anomaly concerning the delivery (missing product or damaged package) must imperatively be notified, on the day of receipt or at the latest on the first working day following receipt, to POK POK customer service , by e- mail ( sav @pokpokmadagascar .com) or by registered mail to the following address:
POK POK MADAGASCAR
Lot PR IV P2A Ankadifotsy – Point Pacom enclosure – Antananarivo 101 – Madagascar
Any complaint made after this deadline will be rejected and POK POK will be released from all liability. POK POK reserves the right to ask the customer to return the defective product to him.
POK POK will issue a refund (or exchange) in the event that:
– The product delivered to the customer has a defect
– The product received by the customer does not correspond to his order validated on the website (size, color , model, etc.)
The procedure to follow :
– After reviewing the request client (and possibly supporting photographs), POK POK inform the customer of the eligibility of the request to be reimbursed e .
– If the request is accepted, the product must be returned in its original condition, with the sales labels still attached, in its original packaging, accompanied by the original of the invoice. The product must not have been used or worn, damaged or washed, cleaned. POK POK reserves the right to refuse any product that does not comply with the conditions mentioned above.
– All returned products must be made within 2 days of receipt of the e – mail confirming the eligibility to reimburse me nt (or return) of the order .
– Reimbursement and costs incurred for return delivery will be made by bank transfer, once the product has been received by POK POK . We encourage the customer to use a quality service with sui number vi packages to ensure the requirement s of delivery reliable .
POK POK can not be held responsible for a lost or damaged package returned by the customer and no refund will be made in this case.
10 . ORIGIN AND MAINTENANCE OF PRODUCTS
Our products are made in Madagascar with respect for the natural materials used. Raffia is a versatile raw material, which offers us a palette of different and unique colors, once tinted. This may involve slight color differences between the photos on the website and the products received. This will only reinforce the uniqueness of the handcrafted items.
The raffia dyeing process is not industrial, and guarantees the non-use of industrial chemicals.
We recommend the use of organic cleaning products, as detergents commonly used could damage color and the accessories. The “maintenance advice” section of the website www.pokpokmadagascar.com indicates options to take care of the items.
11 . AVAILABILITY OF PRODUCTS
The products offered by POK POK are valid as long as they are visible on the website within the limits of available stocks. Information on product availability is provided to you at the time of ordering. In the event of unavailability of a product after placing the order, POK POK undertakes to inform the customer by e-mail upon receipt of the information as soon as possible. The order will be automatically canceled and the customer immediately refunded if their account has been debited. The reimbursement will be made directly to the customer’s bank account no later than 15 days from payment of the sums paid by the customer.
12. RIGHT OF WITHDRAWAL
In accordance with the law, the customer has a right of withdrawal of 14 days to return the products to us without having to justify the reason, in accordance with the provisions of Articles L 121 et seq. Of the Consumer Code. This period starts from the receipt of the goods. This right is exercised by returning the product (the return costs will be borne by the customer).
If the customer exercises his withdrawal period, POK POK company undertakes to reimburse him for the sums paid within a maximum period of 15 days according to the method of payment which had been chosen.
In accordance with POK POK’s general conditions of sale, only items returned in their original packaging will be accepted. It will be up to the customer to keep any proof of return. The right of withdrawal is exercised under the same conditions from the order and before delivery.
13. INTELLECTUAL PROPERTY
All elements of the website, whether visual or audio, including the underlying technology, are protected by copyrights, trademarks or patents.
They are the exclusive property of POK POK. The user who has a personal Internet website and wishes to place, for personal use, on its website a link simple returning directly to the Homepage Website, must request permission to POK POK, by email to the following address: firstname.lastname@example.org
Hypertext links can refer to websites other than the website. POK POK is released from all responsibility if the content of these websites violates the laws and regulations.
POK POK has, for all stages of access to the website, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. The responsibility of POK POK cannot be engaged for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion or presence of computer viruses or any other incident of force majeure, in accordance to law and jurisprudence.
15. INFORMATION TECHNOLOGY AND FREEDOMS
15 .1 – Personal information:
For the smooth running of the order, the personal data collected will be subject to computer processing, the consumer acknowledges having knowledge of it. In accordance with the law of January 6, 1978, the consumer also has a right of access and rectification with regard to any information concerning him appearing in the files of the POK POK company.
This computer processing has been declared to the CNIL.
15 .2 – Cookies:
The cookies memorize the length of the Customer’s visit to the Website, their identity (known through their email address and password) and the content of their bag. Once disconnected from the Website, this information is stored for 30 (thirty) days before being permanently deleted.
The Customer can oppose the registration of cookies by configuring his Internet browser. He then loses all personalization of the service offered to him on the Website.
15 .3 – Web beacons:
Some web pages on the website may sometimes contain electronic images or “web beacons”, which are used to count the number of visitors to the page. These web beacons can be used with some of our partners, in particular to measure and improve the effectiveness of certain advertisements. In any case, the information obtained via these tags is strictly anonymous and simply allows statistics to be gathered on the number of visits to certain pages of the website, in order to better serve the users of our website.
16. SIGNATURE AND PROOF
For any payment by credit card on the website www.pokpokmadagascar.com, the electronic certificate issued by the electronic payment manager will be proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 and following of the Civil Code as well as the electronic archiving means set up by POK POK .
In this regard, the dates and times of the server will prevail between the parties. In all cases, the validation of the order, that the payment is made by credit card directly on the website, is worth signature and express acceptance of all the operations carried out on the website.
On the other hand, the due date of the sums due is that referred to in article 4.2 depending on the type and method of payment.
17. PROMOTIONAL OFFERS AND CODES
Promotional codes or “Sponsorship” offers generated by POK POK do not apply to shipping costs, unless the promotional code specifically relates to shipping costs. These are offers that can be used excluding promotions and exceptional offers (unless specified). Promotional codes cannot be combined with other promotional codes or offers (unless specified).
18. PARTIAL INVALIDITY
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with these general conditions of sale.
19. ENTIRE CONTRACT
These general conditions of sale and the order summary sent to the customer form a contractual whole and constitute the entire contractual relationship between the parties.
20. FORCE MAJEURE
The execution, by the company, of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hamper or delay its execution. In such a fortuitous event, POK POK will inform its customers within seven days by e-mail.
21. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
This contract is subject to Malagasy law. The language of this contract is French. In the event of a dispute with professionals and / or traders, the courts of Antananarivo will be competent. In the event of a dispute with a client, the Malagasy courts will have sole jurisdiction.