Article 1. General information

1.1. Identity of the company

The company WITH POESIE, a simplified single-member joint-stock company (SASU), whose registered office is located at 1, rue des Closeaux — 51460 L'Épine, registered in the Châlons-en-Champagne Trade and Companies Register under number 894 185 462, and whose intra-community VAT number is FR74893185462 (hereinafter “WITH POESIE”), is a creative studio specializing in the design, production and marketing of olfactory products — notably scented candles and room sprays — under the POĒSIE brand, in France and internationally.

1.2. Purpose of the T&Cs

These General Conditions of Sale (hereinafter the "GCS") define the rights and obligations of the parties in the context of the online sale of products offered by WITH POESIE on the site www.withpoesie.com , for deliveries in mainland France, Monaco, Switzerland, the United Kingdom and all countries of the European Union.

1.3. Scope of application

The General Terms and Conditions apply to all orders placed on the website www.withpoesie.com by a consumer within the meaning of the Consumer Code, to the exclusion of all other conditions, in particular those in force for physical or professional distribution channels.

1.4. Customer Quality

The Customer declares that they are purchasing the Products for personal use, with no intention of resale in a professional or commercial context.

1.5. Acceptance of the T&Cs

The validation of any order by the Customer constitutes full and complete acceptance of these General Terms and Conditions, without reservation. The Customer acknowledges having read, before validating his order, the General Terms and Conditions and the information referred to in Article L.221-5 of the Consumer Code, presented in a legible and understandable manner.

1.6. Changes and applicable version

WITH POESIE reserves the right to modify the T&Cs at any time.

The General Terms and Conditions applicable to the Customer are those in force on the date the order is placed, as displayed on the Site.

1.7. Proof of transactions

Unless proven otherwise, the data recorded in the computer systems of WITH POESIE, under reasonable security conditions, constitute proof of orders placed, payments made and all contractual exchanges with the Customer.

1.8. Legal capacity

By validating his order, the Customer declares that he has full legal capacity allowing him to contract in accordance with articles 1145 et seq. of the Civil Code.

Article 2. Products

2.1. Presentation of the Products

The Products offered for sale on the site www.withpoesie.com are described as precisely as possible, including in particular their essential characteristics (composition, dimensions, technical specifications, visuals, etc.).

The Customer is required to read this before placing any order.

The choice and purchase of a Product are the sole responsibility of the Customer.

2.2. Visual representation

The visuals (photographs, illustrations, graphics) accompanying the Products are not contractual. Despite all the care taken by WITH POESIE in their presentation, minimal variations (particularly in color or texture) may exist, in particular due to the artisanal nature of certain creations or differences in screen display. These elements cannot engage the responsibility of WITH POESIE.

2.3. Availability

Product offers are valid as long as they are visible on the Site and within the limits of available stocks. WITH POESIE reserves the right to modify, at any time and without notice, the assortment of Products offered for sale, as well as their characteristics.

2.4. Unavailability after ordering

If a Product is unavailable after order confirmation, WITH POESIE will inform the Customer as soon as possible. The Customer will then be offered the following options:

• an extension of the delivery time,
• a Product of equivalent quality and price (subject to availability),
• or full reimbursement of the unavailable Product, within a maximum period of fourteen (14) working days.

Apart from the reimbursement of the Product concerned, no other compensation or indemnity may be required.

2.5. Contact and information

For any questions relating to a Product or an order, the Customer can contact WITH POESIE customer service:

• by email: contact@withpoesie.com
• by mail: WITH POESIE — Customer Service, 1 rue des Closeaux, 51460 L'Épine, France.

Article 3. Order and payment

3.1. Order process

The Customer can place an order on the website www.withpoesie.com , within the limits of available stocks.

The ordering process follows these steps:

1. Selection of Products and addition to the basket,
2. Consultation and possible modification of the basket,
3. Identification via a customer account or as a guest,
4. Entering or verifying delivery and billing information,
5. Choice of delivery and payment method,
6. Reading and acceptance of these T&Cs,
7. Final validation of the order by the confirmation button.

Validation constitutes firm and unreserved acceptance of these General Terms and Conditions as well as the prices, quantities and characteristics of the selected Products.

The contract is concluded upon validation of the order by the Customer. This validation constitutes an electronic signature with the same legal value as a handwritten signature.

3.2. Order confirmation

Once payment has been validated, WITH POESIE sends a confirmation email to the address provided by the Customer.

This document summarizes the essential elements of the order: Products ordered, quantities, prices, Customer contact details, delivery method.

If this confirmation is not received within a reasonable time, the Customer is invited to check their spam or contact customer service.

3.3. Account creation and accuracy of information

The Customer can place an order:

• either by creating a personal account protected by a password,
• either as a guest, without creating an account.

In all cases, the Client undertakes to provide accurate, complete and up-to-date information.

WITH POESIE cannot be held responsible in the event of an error attributable to the Customer (example: error in the contact details provided), in particular if this results in a delay or impossibility of delivery.

3.4. Availability of Products after ordering

In the event of unavailability of a Product after validation of the order, the Customer will be informed as soon as possible and will be able to choose:

• a new delivery time,
• an equivalent substitute product,
• or the reimbursement of the Product concerned within a maximum period of fourteen (14) working days.

No additional compensation may be claimed in this regard.

3.5. Refusal or suspension of order

WITH POESIE reserves the right to refuse or cancel any order for a legitimate reason, including:

• in the event of an existing dispute with the Client,
• total or partial non-payment of a previous order,
• suspicion of fraud or fraudulent use of a means of payment,
• or abnormally high order or incompatible with personal use.

Sales are reserved for end consumers, for strictly personal and non-commercial purposes.

3.6. Prices and payment terms

Prices are expressed in euros, all taxes included (TTC), excluding delivery costs indicated separately when ordering.

Payment is due in full at the time of ordering. Payment is made through the secure Shopify Payments platform, using one of the following methods:

• Bank card (Visa, Mastercard, American Express),
• Apple Pay,
• PayPal.

WITH POESIE never has access to the Customer's banking data, which is encrypted and processed exclusively by the payment service provider.

3.7. Archiving and proof

In accordance with Article 1360 of the Civil Code, the electronic records kept by WITH POESIE constitute valid proof of orders placed and transactions carried out.

Purchase orders, invoices and exchanges are archived on a reliable medium, so as to constitute a faithful and durable copy, accessible at any time by the Customer if necessary.

Article 4. Price

4.1. Display of prices

In accordance with Article L.112-1 of the Consumer Code, the prices of the Products displayed on the site www.withpoesie.com are indicated in euros, all taxes included (TTC), including the Value Added Tax (VAT) applicable on the day of the order.

Delivery costs are not included in the price of the Products and are specified separately during the ordering process (see article 5.3).

4.2. Price applicable to the order

The price charged is the one in effect at the time the order is validated by the Customer.

The total amount, including the Products and any delivery costs, is summarized before validation of the order, on the confirmation page.

WITH POESIE reserves the right to modify its prices at any time, without notice. However, these modifications will not apply to orders already validated by the Customer.

4.3. Special cases: shipments outside the European Union

For shipments to countries outside the European Union, prices may be displayed excluding taxes (VAT). Customs duties, local taxes, or other additional fees may be required upon arrival of the package in the destination country.

These costs remain the exclusive responsibility of the Customer, who is invited to inquire beforehand with the local customs authorities.

Article 5. Delivery

5.1. General terms and conditions

The Products offered for sale on the website www.withpoesie.com are shipped from mainland France. Delivery is handled by WITH POESIE's partner carriers (La Poste, Mondial Relay, or any other service provider), depending on the option chosen by the Customer when ordering.

The Products are delivered to the address indicated by the Customer. Any errors or omissions in the information provided (incomplete address, postal code error, etc.) are the sole responsibility of the Customer and may result in a delay or failure of delivery, without WITH POESIE being held liable.

Unless otherwise stated, WITH POESIE delivers to mainland France, Corsica, Monaco, the European Union, the United Kingdom, Switzerland, as well as certain non-EU countries according to the terms displayed when ordering.

5.2. Processing and shipping times

Subject to availability of the Products, orders are prepared within one (1) to four (4) working days from the day after order confirmation.

Any customization request (e.g. gift wrapping) may result in an additional processing time of one business day.

Once shipped, the order is tracked. The Customer receives an email notification containing a tracking link and a delivery number.

Delivery times are given as an indication and vary depending on the carrier chosen, the destination and any logistical issues:

• Metropolitan France: 2 to 3 working days (La Poste), 3 to 5 working days (Mondial Relay)
• Europe: 3 to 5 working days
• International: varies depending on destination

5.3. Delivery costs

Delivery costs are calculated based on the geographic area and the total amount of the order. The exact amount is indicated to the Customer before confirming the order.

WITH POESIE offers free delivery under the following conditions:

• Zone 1 (mainland France, Corsica, Monaco): free from €75 incl. tax
• Zone 2* (European Union, Switzerland, United Kingdom): free from €150 incl. VAT
• Zone 3** (International outside the EU): delivery not offered; costs are fully borne by the Customer

Customs duties or local taxes may be required upon arrival in the destination country, particularly outside the EU. These costs are entirely the responsibility of the Customer.

*Zone 2: Germany, Belgium, Luxembourg, Netherlands, Austria, Spain (excluding islands), Italy, Portugal (excluding islands), Ireland, United Kingdom, Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland, Bulgaria, Croatia, Finland, Greece, Norway, Romania.

** Zone 3: Canada, United States.

5.4. Delays and Non-Performance

WITH POESIE undertakes to do everything possible to meet the announced deadlines.

However, these are given for information purposes only. No reasonable delay may give rise to compensation.

In accordance with Article L216-2 of the Consumer Code, if delivery is not made within a maximum period of thirty (30) days from the order, and excluding cases of force majeure or fault of the Customer, the latter may request termination of the contract.

WITH POESIE will then proceed to a full refund of the sums paid, within fourteen (14) days following receipt of the request.

5.5. Receipt of order and transfer of risks

Delivery is deemed to have been made upon delivery of the package to the address provided or to the relay point chosen by the Customer. The transfer of risks occurs at that time.

It is the Customer's responsibility to check the condition of the package upon receipt.

In the event of obvious damage (open, crushed, damaged package, etc.), the Customer is invited to:

• refuse delivery, or
• make specific and reasoned reservations to the delivery person, ideally on the delivery slip.

Any incident or visible damage must be reported to WITH POESIE within 24 hours, accompanied by supporting photographs, at the following address: contact@withpoesie.com.

In the absence of notification within this period, the delivery will be deemed to be in conformity for apparent defects.

Article 6. Right of withdrawal

6.1. Principle

In accordance with Article L221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of his order to exercise his right of withdrawal, without having to justify his decision or incur penalties.

6.2. Terms of exercise

The Client must notify WITH POESIE of their decision to withdraw within the given time limit, by email to the following address: contact@withpoesie.com.

If desired, you can request a return label. In this case, the amount of the return label will be deducted from the refund.

6.3. Exclusions

In accordance with article L221-28 of the Consumer Code, the right of withdrawal does not apply:

• to personalized Products, made according to the Customer's specifications (e.g.: gift wrapping option),
• to Products that are opened, used or cannot be resold for hygiene or safety reasons.

In this case, only unused standard Products in their original condition will be refunded.

6.4. Return conditions

The Customer must return the Products:

• in their original state,
• unused, undamaged,
• complete, with any accessories,
• in their original packaging intact, suitable for resale.

Any Product returned damaged, incomplete, opened in a condition that does not allow its resale cannot be refunded.

6.5. Reimbursement period and terms

WITH POESIE will reimburse the Customer within fourteen (14) days of actual receipt and inspection of the returned Products.

The refund will be made using the same payment method as that used when ordering.

Article 7. Legal guarantees

7.1. Legal guarantee of conformity

In accordance with articles L217-3 to L217-20 of the Consumer Code, the Customer benefits from a legal guarantee of conformity for a period of two (2) years from delivery of the Product.

In the event of a lack of conformity, the Customer may request:

• either the repair of the Product,
• or its replacement, unless this results in a clearly disproportionate cost for WITH POESIE.

If neither solution is possible under reasonable conditions, the Customer may obtain a total or partial refund, in accordance with legal provisions.

7.2. Warranty against hidden defects

Pursuant to Articles 1641 to 1649 of the Civil Code, the Client may also assert the legal guarantee against hidden defects, within a period of two (2) years from the discovery of the defect.

In this case, the Client can choose between:

• the resolution of the sale, or
• a reduction in the price, in accordance with article 1644 of the Civil Code.

7.3. Warranty Limits

Legal guarantees do not apply:

• in the event of improper use of the Products,
• in the event of intentional or accidental damage,
• in the event of poor storage of the Products,
• to the irregularities inherent in artisanal manufacturing.

Due to their manufacturing method, WITH POESIE Products may have slight bubbles, roughness, or variations in color (pots, cork bungs, etc.). These particularities, which contribute to the unique character of each piece, cannot be considered as defects of conformity or hidden defects.

7.4. Return of defective Products

In the event of the implementation of a legal guarantee, the return of the Product is carried out under the conditions provided for in article 6.4. WITH POESIE will bear the return costs, where applicable, if the defect is proven.

Article 8. Damaged or non-compliant products

8.1. Verification upon receipt

The Customer is required to check the condition of the package and the Products at the time of delivery.

In the event of apparent damage (open, crushed, severely damaged package), it is strongly recommended to:

• refuse the package, or
• issue specific and reasoned reservations to the carrier, ideally on the delivery slip.

8.2. Notification to WITH POESIE

Any anomaly (damaged package, broken product, reference error) must be reported to WITH POESIE by email to contact@withpoesie.com, accompanied by supporting photos and a description of the problem, within twenty-four (24) hours of receipt (delivery tracking being proof).

After this period, any claim relating to a defect or malfunction not apparent upon delivery may be examined, provided that it is sent by email, accompanied by a precise description and supporting photos allowing the problem to be objectively observed. WITH POESIE reserves the right to assess the admissibility of the request and to provide an appropriate response, depending on the context.

8.3. Processing of the complaint

After analyzing the situation and the supporting documents provided, WITH POESIE will propose a suitable solution depending on the nature of the defect observed:

• replacement of the Product, or
• full or partial refund, or
• commercial gesture, if applicable.

In the absence of notification within the time limits and in accordance with the above procedures, no claim may be taken into account concerning damage linked to transport or an obvious error in delivery.

Article 9. Personal data

9.1. Purpose of processing

The personal data collected when browsing the Site or at the time of ordering are necessary for:

• purchasing and order management,
• the preparation of invoices,
• monitoring of customer relations,
• management of any returns and complaints,
• as well as for commercial prospecting purposes, subject to the prior consent of the Client.

This data is processed confidentially by WITH POESIE and, where applicable, by its technical service providers or partners, exclusively within the framework of the execution of the services mentioned above.

9.2. Legal basis and security

The processing of personal data is carried out in accordance with:

• to Law No. 78-17 of January 6, 1978, as amended, relating to information technology, files and freedoms,
• to the General Data Protection Regulation (GDPR) No. 2016/679 of April 27, 2016.

WITH POESIE implements all appropriate technical and organizational measures to guarantee a level of security appropriate to the risks, particularly with regard to the loss, alteration or unauthorized access to personal data.

9.3. Customer Rights

In accordance with current regulations, the Client has the following rights over their personal data at any time:

• Right of access,
• Right of rectification,
• Right to erasure (right to be forgotten),
• Right to restriction of processing,
• Right to object,
• Right to portability.

The Customer may exercise these rights by sending a request, accompanied by proof of identity:

• by email to: contact@withpoesie.com
• or by post to:
  
  WITH POETRY – Customer Service
  1, rue des Closeaux
  51460 L'Épine, France

9.4. Cookies and trackers

The Site may use cookies or similar technologies to:

• ensure its proper functioning,
• establish anonymous attendance statistics,
• personalize the Customer's browsing experience.

The Customer can configure his browser to refuse cookies. In this case, certain functionalities of the Site may be limited.

Web beacons or invisible pixels may also be used for statistical purposes. The data collected through these tools is strictly anonymous.

9.5. Retention period

Personal data is kept for the period strictly necessary to achieve the purposes mentioned above, and may be extended within the limits of applicable legal or regulatory deadlines (particularly in tax and accounting matters).

Article 10. Intellectual Property

10.1. Ownership of rights

All elements appearing on the site www.withpoesie.com — notably the texts, images, photographs, videos, illustrations, visuals, logos, graphic elements, models, editorial content, original creations, domain names, distinctive signs, as well as the structure, graphic charter and ergonomics of the Site — are the exclusive property of WITH POESIE, or are subject to exploitation rights granted exclusively.

These elements are protected by French and international laws relating to intellectual property.

10.2. Protection and prohibitions

Any reproduction, representation, modification, transmission, adaptation, extraction, reuse or exploitation, in whole or in part, of the content of the Site, on any medium whatsoever and by any process whatsoever, is strictly prohibited without the express prior written authorization of WITH POESIE.

The following are prohibited:

• the insertion of hypertext links to all or part of the Site without prior agreement,
• the use of automated reproduction techniques such as scraping or data mining,
• the inclusion of any element of the Site in other content by framing, embedding or any similar process,
• any direct or indirect commercial exploitation of the content, including for promotional or editorial purposes.

WITH POESIE reserves the right to take any action for counterfeiting, unfair competition or parasitism in the event of violation of its rights.

10.3. Visual content and commercial materials

Product photographs, presentation visuals, descriptive texts, prototypes or any other content designed or produced by WITH POESIE remain its exclusive property.

The Client is prohibited from any reproduction, representation or distribution, even partial, of these elements, without the express prior agreement of WITH POESIE, including in a non-commercial context.

10.4. Hypertext links to third-party sites

The Site may contain links to external sites. WITH POESIE cannot be held responsible for the content of these sites or the personal data processing practices applied there. The inclusion of links to the Site by a third party is subject to the prior written consent of WITH POESIE, which reserves the right to withdraw it at any time.

Article 11. Liability

11.1. Contractual liability

WITH POESIE undertakes to perform its contractual obligations with diligence and loyalty, in accordance with these General Terms and Conditions and the regulations in force.

However, it cannot be held liable in the event of non-performance or poor performance of the contract attributable to:

• to the Customer (in particular data entry error, negligence, failure to maintain or store the Products),
• to a third party to the contract in an unforeseeable and irresistible manner,
• to a case of force majeure as defined in article 1218 of the Civil Code and by French case law.

11.2. Limitation of liability

In any event, WITH POESIE's liability is strictly limited to the amount of the order giving rise to the dispute. It cannot be held liable for indirect or immaterial damages, such as loss of opportunity, loss of data, turnover, or image, unless otherwise required by law.

11.3. Access to the Site and continuity of service

WITH POESIE does not guarantee uninterrupted or error-free access to the website www.withpoesie.com . Access to the Site may be suspended, in particular for reasons of maintenance, updating or in the event of technical malfunction.

The company cannot be held responsible for any damage resulting from:

• of the temporary impossibility of accessing the Site,
• a technical failure (network outage, intrusion, virus, etc.),
• or any disruption attributable to a third party or to a case of force majeure.

Article 12. Applicable Law — Dispute Resolution

12.1. Applicable law

These General Terms and Conditions are governed by French law. In the event of translation, only the French version shall be binding between the parties.

12.2. Complaints — Customer Service

For any questions or complaints, the Client is invited to contact WITH POESIE as a priority by email at the following address: contact@withpoesie.com, in order to seek an amicable solution.

12.3. Mediation

In accordance with Article L.612-1 of the French Consumer Code, the Customer has the right to use a consumer mediator free of charge with a view to amicably resolving any dispute. The terms and conditions for contacting the mediator will be specified later in the mediation policy applicable by WITH POESIE.

12.4. Competent jurisdictions

In the absence of an amicable agreement, any dispute relating to the interpretation, execution or validity of these General Terms and Conditions will be submitted to the competent French courts, in accordance with the rules of common law.

Article 13. Final provisions

13.1. Severability

If any of the clauses of these T&Cs were declared null, illegal or inapplicable by a competent court, the other stipulations will remain in full force, unless otherwise required.

13.2. Non-waiver

The fact that WITH POESIE does not assert, at a given time, any of the provisions of these General Terms and Conditions of Sale cannot be interpreted as a waiver of the right to assert them subsequently.

13.3. Enforceability

These General Terms and Conditions are binding on the Customer upon acceptance when placing an order. WITH POESIE reserves the right to modify them at any time. The applicable General Terms and Conditions are those in force on the date the Customer validates the order, as published on the website www.withpoesie.com .