Terms and conditions of sale

Online sale of PCN brand products on the popcornnation.com website by PCN SAS.

Article 1: Scope and use of the website

  1. These general terms and conditions of sale (hereinafter the "GTCS") apply to the website of PCN (trade name: PopCorn Nation, SAS with capital of 20,000 euros, headquartered at 6 bis boulevard Berthelot, 34000 Montpellier, registered with the RCS of Montpellier under No. 987 551 546, code NAF 4791B, and VAT number: FR43987551546) accessible at popcornnation.com (hereinafter the "website") and to orders placed on the website.
  2. References in these T&C to "we", "us" or "our" are to PCN, and references to "you" or "your" are to you as a user making a purchase from the Website (hereinafter "Customer").
  3. Please read these terms and conditions carefully before using the website or placing an order on the website.
  4. The sales contract is subject to French law.

Article 2: The sales contract

  1. You declare that you have the legal capacity to enter into this contract, i.e. that you are of legal age and not under guardianship. Ordering by the Customer implies irrevocable acceptance of the present terms and conditions of sale.
  2. All products offered for sale on the Website are subject to availability.
  3. Your order constitutes acceptance of our offer, the proposed price and the designated products. Once your order has been confirmed, you agree to be bound by a sales contract, subject to product availability and validation of your payment.
  4. The items sold on the Website are presented as accurately as possible. The photos are intended to present the products offered for sale as accurately as possible. They are indicative only and are non-contractual.
  5. Purchases made on the website are for your personal use only, or to be offered, and may not be used for resale.

Article 3: The order

  1. You can view and modify the items in your cart at any time by clicking on "My basket".
  2. Validation of the order implies irrevocable acceptance of these GTC.
  3. Once your order has been validated, you will automatically receive an email confirming your order, including a summary of the items ordered. This email confirms that we have received your order, but does not constitute confirmation of product availability.
  4. You will receive a second email when your items are ready to be dispatched, confirming the availability of the items ordered. If the products ordered are no longer available, the order will be cancelled and payment will not be made. If only some of the products ordered are available, shipping and payment will only be made for those items that are available.

Article 4: Delivery times

Products purchased by the customer are generally delivered within 2 to 3 working days in mainland France. In all cases, products are delivered within a maximum of 45 days from the date of receipt of the second delivery e-mail (the day after the initial order). If this time limit is exceeded, the customer may request immediate cancellation of the sale and reimbursement of any sums paid in connection with the sale. The maximum delivery time may be extended to 60 days if the products are not available in stock and/or a pre-order period is announced by PCN.

Transport risks are borne by the customer from the time the goods leave the warehouse. The customer is invited to check the packaging and conformity of the items delivered, and to inform us immediately of any anomaly.

If you order several products, we may have to send them to you in several shipments. Products ordered will be delivered to the delivery address you provided when you placed your order. We cannot be held responsible for incorrect or incomplete addresses.

 

 

When you choose the "Pick-up at event" delivery method, you are responsible for obtaining tickets for the event to which you wish to pick up your order, if these are required for access to the event. In the event that you are unable to attend the event to which you wish to collect your order, and for whatever reason, your order will be automatically refunded, less a cancellation fee of 10 euros (incl. VAT) per order.

When you choose the "Pick-up at event" delivery method, you must bring your order number and the official order confirmation e-mail to pick up your order at the chosen event. If you do not have these supporting documents when you collect your order, PCN reserves the right to cancel and refund your order, less a cancellation fee of 10 euros (incl. VAT) per order.

Article 5: Prices and delivery charges

  1. Prices on the website are quoted in euros and include VAT at the current statutory rate.
  2. Prices are subject to typographical errors.
  3. The prices indicated on the website do not include delivery costs.
  4. Delivery charges are indicated on the "Shopping Cart" page of the website. For international deliveries outside metropolitan France, the costs are indicated inclusive of all taxes when the order is placed. These delivery charges are added to the indicated product prices. Before final validation of the order, the customer is informed of the total price to be paid.
  5. Prices are subject to change. Products are invoiced on the basis of the current prices indicated on the website at the time the order is validated.
  6. Products purchased are payable in full on the day the order is placed. Delivery of the product will take place only after payment in full. The transfer of ownership of products occurs after payment in full.

Article 6: Payment, default

  1. Payment for products must be made by credit card, as indicated on the payment page.
  2. The full price, including shipping costs, will be debited from your credit card at the time of dispatch of the products ordered.
  3. You certify that you are the holder of the credit card used to pay for your items.
  4. If the card issuer refuses to authorize payment, the order will not be validated and the goods will not be sent. We will send you an e-mail to inform you of the refusal.
  5. Purchases are made securely. For payments by credit card (Carte Bleue, Carte Bleue Visa and e-Carte Bleue), our partner Stripe handles payment security. All information communicated by customers to PCN is strictly protected and guarantees the conformity and security of each transaction.
  6. PCN does not accept payment by cheque or bank transfer.

Article 7: Obligations of the parties

In the event of acceptance of an order, PCN undertakes to sell and deliver to the Customer the product(s) ordered by the latter in accordance with the terms and conditions specified in the preceding articles.

PCN undertakes to check that products comply with regulations.

The Customer undertakes to provide PCN with an address to which delivery can be made. The personal information (name, address, telephone number, e-mail address, etc.) collected for the purpose of concluding the sales contract is mandatory. This information is essential for the processing and delivery of orders and the preparation of invoices. Failure to provide this information will result in the order not being validated. In the event of an error in the provision of this information, PCN cannot be held responsible for the impossibility of delivering the product. In this case, the customer remains responsible for payment. In the event of an incomplete address resulting in the impossibility of delivery by the transport service provider, the CLIENT will be required to pay the delivery charges corresponding to the reshipment of the order.

Article 8: Invoicing

Invoices are sent to the e-mail address given when the order is placed, and are also available in the "My Account" area under the heading "My Orders" on the website. Invoices are drawn up in accordance with the price list in force on the day the order is placed. PCN accepts no responsibility for any typing errors.

Article 9: Right of withdrawal - Product return and refund

  1. Time limit and procedures for exercising the right of withdrawal: if you are not satisfied with the products ordered, in accordance with Article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from PCN, without having to give reasons for his decision. PCN extends this period to thirty (30) days from delivery of the order to request the return of the product.
  2. After this period of thirty (30) days, the sale is firm and final.
  3. The right of withdrawal can be exercised either by logging on to your customer account. Customers have a period of thirty (30) days from receipt of their item to notify PCN of their intention to return the products via the "My Account" area on the website. To do so, simply go to the "My Orders" area, then select the product(s) you wish to return in the "Make a return" box (Note: the product must have the "Delivered" status). The customer is invited to indicate the reasons for the return, and then to validate. The item will then appear in the "My returns" area, and you will need to download the Return Form and the Prepaid Label to stick on the parcel.
  4. The Customer may not exercise his right of withdrawal for a Product made to his specifications: used, worn, washed, damaged or unsealed.
  5. The full price of the products purchased will be refunded if the following conditions are met:
    1. Products must be returned in their original condition and complete;
    2. have not been damaged, washed or worn outside the fitting;
    3. the original packaging, any accessories (labels, etc.) are also returned and the cardboard label is still attached to the product;
    4. the return slip is enclosed with the package;
    5. products are returned to the address indicated on the return slip,

 

  1. The returned product(s) will be reimbursed in full by bank transfer to the bank account used for the order within a maximum of 14 days of receipt of the returned goods.
  2. If we receive the returned items more than thirty (30) working days after receipt of the products ordered, we reserve the right not to refund the products. The items will be returned to you.
  3. We are not obliged to accept returns under conditions that do not comply with paragraphs 3 and 5.

Article 10: Liability

  1. For any order placed on the website, our liability to you for loss or damage that may be subject to these GTC is limited to the purchase price of your order.
  2. We cannot be held responsible for delays or failure to meet our obligations under these GCS in the event of events beyond our control (strikes, accidents, serious incidents, etc.).
  3. We are not responsible for any inconvenience or damage related to the use of the Internet and the website (service interruption, computer viruses, external intrusions, etc.).

Article 11: warranties

All our products benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), if the product has been worn under normal conditions of use, and the maintenance advice given on our site has been followed. These warranties allow the customer to return defective or non-conforming products free of charge.

Legal warranty of conformity

  • Article L217-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
  • Article L211-5 of the French Consumer Code: "To conform to the contract, the goods must :

  1. Be fit for the use normally expected of similar goods and, where applicable: correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; Present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
  2. Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."

 

  • Article L211-9 of the French Consumer Code: "In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, given the value of the good or the importance of the defect. In this case, the seller is obliged to proceed according to the method not chosen by the buyer, unless this is impossible.
  • Article L211-10 of the French Consumer Code: "If repair or replacement of the good is impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is open to the buyer: If the solution requested, proposed or agreed in application of article L. 211-9 cannot be implemented within one month of the buyer's complaint; Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and its intended use. However, the sale may not be rescinded if the lack of conformity is minor.
  • Article L211-11 of the French Consumer Code The application of the provisions of articles L. 211-9 and L. 211-10 is free of charge for the Buyer. These same provisions do not prevent the award of damages.
  • Article L211-12 of the French Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."

Warranty against hidden defects

  • Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which reduce this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had been aware of them.
  • Article 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of the defects or apparent lack of conformity."

Warranty exclusions

  • Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover visible defects. The warranty does not cover Products damaged in transit after delivery or as a result of misuse.
  • For any request concerning legal guarantees, the Customer must contact Customer Service via the contact form on the site.

Force Majeure

  • In the event of a force majeure event preventing performance of these GTS, PCN shall inform the Customer within fifteen (15) days of the occurrence of the event, by e-mail or by registered letter with acknowledgement of receipt. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the event of force majeure continues for more than three (3) months, the transaction concerned may be terminated at the request of PCN or the Customer without compensation on either side. The Customer's failure to pay cannot be justified by force majeure.

Article 12: Personal data

In order to offer for sale, sell and deliver its products, PCN collects personal data from users of its popcornnation.com website and from its customers during purchases made at physical points of sale. You are informed that this information is subject to automated data processing.

You guarantee that the information entered on the website relates to your true identity.

It is your responsibility to change any incorrect or outdated information in the "My account" section. We cannot be held responsible for the consequences of your failure to update your personal data.

PCN is committed to protecting its customers' personal data and ensuring the highest level of protection.

In accordance with the French Data Protection Act of January 6, 1978, customers have the right to access, modify, rectify and delete their personal data.

This right may be exercised by contacting the PCN company that collected the personal data in the following manner:

  • By post, by writing to PCN, 6 bis boulevard Berthelot, 34000 Montpellier, France.

  • By e-mail, to [email protected]. The request must indicate the surname, first name, postal address and e-mail address.

Requests for access to data must be accompanied by proof of identity. 

PCN will send you a reply within 1 month of exercising your right. These rights may be subject to exceptions in certain cases provided for by law. In the event of a non-response or unsatisfactory reply, the data subject may lodge a complaint with the data protection supervisory authority (the CNIL).

PCN reserves the right to collect customer data through the use of cookies in order to improve the personalized service provided to Internet users.

When browsing our website and mobile application, information relating to the navigation of the user's terminal (computer, tablet, smartphone, etc.), may be recorded through files called "Cookies".

The cookie is used to track browsing patterns or analyze user behavior, and in particular: to measure the number of visitors to our website and application, as well as their content; to save customer account information when the user is logged in; to save the shopping cart for 30 minutes; to personalize the display of content accessible to the user.

Users can modify their preferences with regard to cookies using the following browsers: Safari: http://docs.info.apple.com/article.html?path=Safari/3.0/fr/9277.html; Chrome: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647; Firefox: http://support.mozilla.org/fr/kb/Activer%20et%20d%C3%A9sactiver%20les%20cookies; Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies; iOS: https://support.apple.com/fr-fr/HT201265; Users can also refuse to accept cookies from the http://www.youronlinechoices.com/fr/controler-ses-cookies/ website.

Article 13: Intellectual property rights

  1. All elements of the website are the exclusive intellectual property of PCN.
  2. Use of the website does not authorize you in any way to exploit or reproduce the designs. You are not entitled to any copyright, trademark or other intellectual property rights.
  3. The trademarks and distinctive signs of the products on the website are protected under trademark law; the reproduction or representation of any element is strictly prohibited.

This website is for your personal, private and non-commercial use only. The contents of the website may not be used for any other purpose whatsoever without our express written consent.

Article 14: Legal information

  • Owner: PCN SAS, 6 bis boulevard Berthelot, 34000 Montpellier, France
  • Publisher and integrator: PCN SAS, 6 bis boulevard Berthelot, 34000 Montpellier, France
  • Website host: O2Switch, Chem. des Pardiaux, 63000 Clermont-Ferrand. France

For any request concerning the Website, please contact us by e-mail at the following address: [email protected]

Article 15: Applicable law / Disputes / Mediation

  • 1. All elements of the website are the exclusive intellectual property of PCN.
  • 2. The present conditions of sale are subject to French law. In the event of a dispute, an amicable solution will be sought and preferred before any legal action. Failing this, disputes will be referred to the competent courts under common law.
  • 3. In the event of a dispute arising from an Order or sale, the Customer may submit a written complaint to Customer Services using the contact form on the Web Site. 

4. Any dispute shall be submitted exclusively to the competent courts within the jurisdiction of the Paris Court of Appeal, or, if the Customer is a consumer, to any legally competent court.

Article 16: Modification of the general terms and conditions of sale

The GCS may change or be modified; the GCS applicable to the customer's order are those available on the website on the date the order is validated.

Please contact us if you have any queries or require further information about these terms and conditions.

Appendix 1: Model withdrawal form

(You can only complete and return this form and the order number if you wish to withdraw from the contract).

6 bis boulevard Berthelot, 34000 Montpellier, France

E-mail: [email protected]

I hereby notify you of my withdrawal from the contract for the sale of the following product(s): (identification of the product(s) for which the right of withdrawal is exercised)

Ordered on .................(order date) and/or received on .................(delivery date)

Customer name :

Customer address :

Order number :

Customer's signature (only if this form is sent on paper) :

Date :

For further information, please contact Customer Service at [email protected].

To consult the legal notices relating to the Website and more generally to PCN, go to the "Legal notices" page.