Terms & conditions

USER AGREEMENT AND DISCLAIMER

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Access to and use of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of Pomme & Poire. If you do not agree to any term or condition, you should not use this site.

1. Copyright notice

This World Wide Web site and all of its content, including but not limited to the text and images used herein and their arrangement, is copyright ©2012 Pomme & Poire SARL.

2. Trademarks notice

wine-glasses-crystal.com and Pomme & Poire are trademarks & registered trademarks. All other products and company names referenced herein, if any, may be the trademarks of their respective owners. Pomme & Poire SARL does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications.

3. Restrictions on use

In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach:

- Collecting information about the Website or users of the Website without our written consent;

- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Website, without our written consent.

- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;

- Accessing or using the site for commercial or competitive purposes;

- Disguising the origin of information transmitted to, from, or through the Website.

- Impersonating another person;

- Distributing viruses or other harmful computer code;

- Allowing any other person or entity to impersonate you to access or use the Website;

- Using the Website for any purpose in violation of local, state, national, international laws;

- Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;

- Circumventing any measures implemented by us aimed at preventing violations of the Terms of Use.

4. Third party sites

Pomme & Poire SARL may from time to time provide links and pointers to Internet sites maintained by third parties ("third party sites") and it may from time to time provide materials from third parties on this Web Site. These third party sites and any third party materials are provided for your convenience only. Pomme & Poire SARL does not operate or control in any respect any information, products or services available on these third party sites and Pomme & Poire SARL is not responsible for their content. Pomme & Poire SARL makes no representations whatsoever concerning the content of these sites and the fact that Pomme & Poire SARL has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by Pomme & Poire SARL with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.

5. Disclaimer

There are certain risks in using any information, software, or products found on the Internet; and Pomme & Poire SARL cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. NOTHING IN THIS WEB SITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND.

ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE'S CONTENT, Pomme & Poire SARL DOES NOT WARRANT OR REPRESENT THAT THIS SITE'S CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH Pomme & Poire SARL ASSUMES NO RESPONSIBILITY.

ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Pomme & Poire SARL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6. Limitation of liability

Pomme & Poire SARL is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.

In no event shall Pomme & Poire SARL be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the Pomme & Poire SARL Web Site.

Notwithstanding the above, in no event shall Pomme & Poire SARL's total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to Pomme & Poire SARL by you in connection with the transaction claimed by you to give rise to your claim.

7. Communications and Submissions

All personal data transmitted to Pomme & Poire SARL over the internet pursuant to placing an order, logging in or registering an account, such as name, e-mail address, physical address, telephone number and payment information, shall be treated as confidential information. Any communication or other materials which you submit to Pomme & Poire SARL or this Web site (including, but not limited to, e-mail, product reviews or other postings) relating to products, experiences, suggestions or other subject matter will be treated as non-confidential and non-proprietary Submissions. All Submissions made to public areas, such as product reviews, are not subject to our Privacy Policy.

8. Juridiction and Choice-of-Law

Pomme & Poire SARL operates this Web Site from its offices located in Paris in France. Pomme & Poire SARL makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

This agreement, and any dispute, which arises from and out of this Web Site, shall be construed with the laws of the state of France. Any legal action regarding this agreement or this Web Site shall be brought only in either the State Courts located within the City of Paris in France and by using this site you consent to personal jurisdiction within these courts.

9. Inquiries

If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via our contact form.

10. Termination

Pomme & Poire SARL or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. Pomme & Poire SARL may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site.

11. Integration

This agreement constitutes the entire Agreement between you and Pomme & Poire SARL and supersedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of Pomme & Poire SARL.

12. Other

The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.

INTERNATIONAL TERMS & CONDITIONS

These terms apply to products ordered via our site wine-glasses-crystal.com.

1. Seller

The Seller is :

POMME & POIRE SARL
95 Avenue Denfert Rochereau
75014 PARIS - FRANCE

SIRET 40033922200020
RCS Paris B 400 339 222
Share capital : 7.622,45 EURO

Executive Manager : Mr WATRIN Laurent

1. Order process

2.1 Our display of products on our website is an invitation and not an offer to sell those products to you.

2.2 An offer is made when you place the order for your products. However, we will not have made a contract with you unless and until we accept your offer (see point 2.5 below).

2.3 We take payment from your card, when we process your order and have checked your card details. Products are subject to availability. If we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the products.

2.4 If you enter a correct email address we will send you an order acknowledgement email and order update email(s). These are not order confirmation or order acceptance from us.

2.5 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place at the point the products you have ordered are despatched from our warehouse to be delivered to the address you have given us. It does not take place until that stage, even though we may have debited your card (see 2.3 above) or we have sent acknowledging emails (see 2.4 above). Very occasionally an error may occur resulting in the products described on our website not being the products actually available for sale. If this occurs your order will not be or have been accepted. We may ask you whether you wish to purchase other products we may have available or the products which may have been despatched to you in error. If so your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect products despatched will be collected for full refund.

2.6 The contract will be formed at the place of despatch of the products.

2.7 All orders that you place on this website will be subject to acceptance in accordance with clause 2.5 of these terms and conditions.

2.8 Please note, we will be complying with English law on data protection, privacy and marketing which may differ from the law in the jurisdiction of delivery. We will store and process your personal data in accordance with our Privacy Policy.

2.9 We do not file details of your order for you to access please print out these terms and conditions and the order acknowledgement for your own record.

3. Payment

3.1 Payment may be made by any single one of the methods indicated on our website, we are unable to process orders with more than one method of payment.

3.2 The price displayed for goods and services remains the same regardless of the country of delivery. For deliveries to the EU, the price includes VAT at the rate of the country of delivery. For deliveries outside the EU (including the Channel Islands and Canary Islands), the price remains the same but VAT is not charged and customers are not entitled to any discounts or VAT refunds.

3.3 A delivery charge will be applied at checkout, please view our delivery charges

3.4 We do our best to make sure that prices are correctly shown but very occasionally an error may occur. We will not accept an order if there is a pricing error. subject to acceptance in accordance with clause 2.5 of these terms and conditions.

All prices are quoted and products are sold by us on a delivery duty unpaid basis. You may have to pay a customs fee or import duty before the product can be delivered to you. Further taxes, fees or levies may also be payable depending on the local laws of the jurisdiction of delivery. We cannot take any responsibility for this and it is your duty to check any additional costs of international delivery to your preferred jurisdiction before placing an order with us.

4. Delivery

4.1 We deliver to any address in the world except Africa. We do not deliver to PO Boxes, orders placed for these addresses will be cancelled and a full refund will be given if you have already paid for the products.

4.2 All deliveries to destinations outside France may be subject to import fees, duties and taxes, which are levied by the importing country at the time the delivery arrives in your country. Any applicable fees, duties and taxes and any additional charges for customs clearance will be payable by you.

4.3 Orders generally require a signature to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that delivery has been received by you or the person, to whom the order is addressed. If no one is available to accept the delivery you will receive a card to advise that a delivery has been attempted.

4.4 We shall have no liability to you in respect of any delay or failure to deliver a product due to circumstances beyond our reasonable control, including (without limitation) delay or failure caused by adverse weather, strikes or transport problems.

5. Cancellation

If, for any reason, you wish to do so you have the right to cancel any order you have placed. Where the products have been delivered to you, you may cancel them up to 14 working days, starting from the day after the products were received.

The following procedures will apply:

5.1 You can email our Online Customer Services Team. If you have contacted us to cancel before delivery of your products, though your order will have been cancelled, normally delivery cannot be interrupted (except possibly if cancellation takes place within 30 minutes of order). Please refuse any delivery of cancelled products or return them to us

5.2 For instructions on how to return an order, please visit our Return Policy section.

6. Returns

6.1 In addition to your cancellation rights as described in point 5 we have a 'Goodwill' policy, for further details please refer to our Return Policy section.

7. General

7.1 Certain products are subject to age restrictions as indicated on the product page. By placing your order for any of these products, you confirm that you have reached the required age. Your entire order will be cancelled if we are unable able to verify your age using the details you have submitted.

7.2 All measurements are approximate.

7.3 The reproduction of colours is as accurate as the photographic and production process will reasonably allow.

7.4 All risk in the products we supply to you, in particular the risk of any loss or damage, shall pass to you on delivery of the products to the address you specify in your order. Ownership of the products shall not pass to you until we have received payment in full in respect of such products.

7.5 We shall not be liable for any indirect losses you may suffer, including any loss of profit, income or anticipated savings as a result of our failure to comply with these terms or our negligence. Save that our liability in respect of any death or personal injury caused by our negligence shall not in any way be restricted.

7.6 These terms, constitute the entire terms on which we will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.

7.7 We may amend these terms from time to time at our discretion without notice to you. Any amends will be posted on this website and will supersede any terms and conditions previously published by us.

7.8 No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under these terms shall operate as a waiver of those rights.

7.9 If any one or more of the provisions of these terms should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible approximate the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these terms and deleted.

7.10 You may not assign or sub-contract any of your rights or obligations under these terms to any person without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts.

7.11 All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to English law and the English courts shall have exclusive jurisdiction in all such matters.

THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS