General terms and conditions of sale
Date of last update: 30 October 2020
Company: POGGIO SOLUTIONS
SARL with a capital of 20,000 €.
Head Office: 854, Avenue du Campon, 06110 Le Cannet, France
Registered with the Cannes Trade and Companies Register under N°843 935 107
It is specified beforehand that the present conditions govern the sales by the POGGIO company of products marketed on the website www.poggio-solutions.com or in Distance Selling (VAD).
- From "private individuals": i.e. any natural person who has purchased a product for a use that is not part of his or her commercial, industrial, craft or liberal activity.
- With account professionals, if necessary.
1. Fields of application
Any order addressed to the company POGGIO by any means whatsoever implies acceptance without reservation of these Terms and Conditions of Sale. You declare that you have read and accepted these Terms and Conditions of Sale before placing your order. The data recorded by POGGIO constitute proof of all transactions between POGGIO and its customers and imply the prior reading and acceptance of the Terms and Conditions of Sale. Therefore, any clause to the contrary can only be opposed if we have formally accepted it in writing. POGGIO's conditions of sale take precedence over those of the customer. The present terms and conditions of sale define the terms and conditions under which all natural or legal persons, of French or foreign nationality, order and purchase the products offered for sale by POGGIO.
2. Presentation of the products
The characteristics of the products offered for sale are presented on the site. In accordance with article L-111-1 of the Consumer Code, photographs illustrating the products on sale are contractual. All the texts and images presented on the site are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly forbidden without the formal agreement of the POGGIO company.
3. Technical specifications of the products
The characteristics, dimensions, weights, etc. mentioned in all our documentation are only indicative. We reserve the right to make any changes we deem appropriate, even after receipt of the order, without however affecting the essential characteristics.
4. Prices on the website www.poggio-solutions.com
The prices of our products are indicated in Euros, including all taxes but excluding shipping and other special charges. The amount of VAT is specified when the customer selects a product and the shipping costs appear on the screen at the end of the selection of the different products by the customer.
Prices are subject to French VAT and any change in the legal rate of this VAT will be passed on to the price of the products presented on the site on the date stipulated by the law referring to it. In accordance with the legislation in force, www.poggio-solutions.com invoices VAT on sales made within the European Union, given that this website is only intended for private customers who do not have an intra-community VAT number. Professional customers wishing to have their intra-community VAT number taken into account are invited to contact our service dedicated to professionals by contacting them by email, depending on your activity, by going to the Contact page.
All orders, whatever their origin, are payable in Euros. POGGIO, in order to ensure you the best price throughout the year, reserves the right to modify its prices every week; products will be invoiced on the basis of the rates in force at the time the order is recorded. Our product offers and prices are valid as long as they are visible on the site, within the limits of available stocks.
Deliveries made to countries outside the European Union (including DROM-COM) may be subject to various charges and taxes, in particular customs and import VAT. These costs are borne exclusively by the buyer.
5. Professional VAD: Prices
The prices are established in Euros excluding VAT. Transport costs are not included, deliveries are made with advanced postage, unless express mention is made of carriage paid delivery. Invoices are drawn up at the rate in force at the time of delivery. Free delivery is only applicable to the catalogue prices in force.
6. Availability of products
In this context, additional information on the availability of products is provided when you place your order. This information is given on a non-contractual basis. In the event of product unavailability after you have placed your order, we will inform you by email as soon as possible. The products in your order are reserved as soon as your order is confirmed.
In the event of unavailability of Products after confirmation of the order, the Customer will be informed by email or telephone as soon as possible and will be reimbursed for the price of the Products within thirty (30) calendar days from the date of payment of the sums concerned.
7. Order the site www.poggio-solutions.com
The customer validates his order when he activates the "Validate my order" link at the bottom of the page. POGGIO confirms the order by email; this confirmation includes all the elements of the order. POGGIO sends a second email on the day of shipment to inform the customer. The data recorded by POGGIO is proof of the nature, content and date of the order. POGGIO archives the order during the current period; the customer can access this archive by contacting customer service by email at firstname.lastname@example.org. In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when you click on the button allowing you to confirm your order after viewing the details of the order and in particular its total price and having had the opportunity to correct any errors.
8. Follow-up of the order
The customer will be informed by email of the confirmation, preparation and dispatch of his order.
9. Payment and security on the website www.poggio-solutions.com
Payment can be made in four ways.
Credit card: The POGGIO website is secured by SSL (confidentiality guaranteed by the latest encryption technologies) through the CIC. Your order is processed immediately. Your credit card will be debited for the amount of your order, including shipping costs, at the time of shipment, if the products are available.
Paypal : By using PayPal as a means of payment to pay for a purchase, in France or abroad, if you do not receive your item, PayPal refunds the total amount of the transaction, including shipping costs, free of charge. PayPal also secures your financial information and covers you against fraud. Thanks to its payment system among the most reliable, PayPal carries out your transactions without ever communicating your banking data to the beneficiaries, your email address and your password are enough. In addition, PayPal offers you total protection in case of fraudulent use of your account by refunding you if necessary.
Your Paypal account is debited with the amount of your order together with the shipping costs at the time of ordering.
Bank transfer: A transfer corresponding to the total amount of the order must be made to the account of the company POGGIO, the necessary details for the transaction appear with the pro-format invoice on the customer's screen at the end of the ordering process. The final validation of the order and its dispatch are subject to the receipt of a transfer of an amount corresponding to the total amount in euros of the order. Any costs due to the transfer, regardless of their nature or origin, are entirely at the customer's expense.
Cheque or cashier's cheque: The order will only be confirmed on receipt and cashing of the cheque, and delivery times will run accordingly. To do this, the customer must print the order form and attach it with his cheque. If it is not possible to print the order form, the customer must write on plain paper the information essential to the processing of his order (references, quantities, price, address). The bank account must be opened in a bank domiciled in metropolitan France or DROM COM. The cheque must be written in Euros and made payable to POGGIO SOLUTIONS.
The cheque and the order must be sent to the following address:
854, Avenue du Campon, 06110 Le Cannet, France.
10. VAD professionals: terms of payment
To open an account, payment is made at the time of order (before shipment). Our invoices are payable at the head office upon receipt by bank transfer, draft or cheque, without discount. In the event of payment by agreed term, the deferred method must be indicated on the invoice. Failure to pay or postponement, even partial, of only one of the agreed due dates shall automatically result in the outstanding sums becoming payable, as well as the immediate suspension of other deliveries or cash payment before dispatch of any new supplies, without the need for any formality and shall enable us to cancel, without compensation and without notice, the orders or contracts of the defaulting debtor.
% delay: any sum not paid on the due date will be increased by interest equal to three times the legal interest.
In application of article L.441-6 of the French Commercial Code, a fixed indemnity for collection costs of €40.00 shall be paid by any debtor paying after the expiry of the payment deadline.
Penal clause: In accordance with article 1226 of the Civil Code, in the event of default by the debtor, the sums due recovered by litigation will be increased, in addition to the default interest, by a fixed indemnity of 15% of their amount.
11. Delivery of orders placed by a private individual on the site www.poggio-solutions.com.
The POGGIO company delivers the orders entered on www.poggio-solutions.com in metropolitan France, Corsica, DROM/TOM, Monaco and European countries exclusively.
The products are delivered to the delivery address that you have indicated during the ordering process.
The delivery of products available in our stocks is made (except imponderable due to sub-contracted transport):
- within two to four working days for mainland France.
- according to the usual postal delay for Corsica,
- depending on the carrier's delivery times for DROM/TOM and other countries
And this from the date of receipt of the payment:
- the date of order for a payment by credit card before 4pm
- the receipt of payment by the POGGIO company in the case of payment by cheque or bank transfer.
b. Delivery to collection point
In the case of delivery to a collection point, the Products will be available within 48 to 72 hours. For the collection of the order of the Products, a valid identity document will be required, as well as, if necessary, the bank card used for payment. Failing this, the Products ordered cannot be delivered to the Customer. The Products ordered will be kept for a period of eight (8) working days at the collection point and for a period of fourteen (14) working days at the post office and Chronopost relay station. Beyond this period, the order will be returned.
The Products are delivered to the collection point indicated by the Customer on the electronic order form.
Deliveries are made in metropolitan France, Monaco and Corsica only.
c. Delivery problems
In order for POGGIO to bear the responsibility of the products in case of damage, the customer will have to carry out the usual reserves with the carrier and will inform POGGIO's customer service within 3 days by :
- email : email@example.com
These reservations do not release the seller from his responsibility to the consumer. In application of article L.121-20-3 of the Consumer Code, the distance seller is automatically liable. He is therefore responsible for the proper execution of the contract. The consumer may take legal action against the seller without having to show the fault of other parties (carrier). The text establishes an obligation of result except in cases of force majeure or fault of the consumer.
Then, depending on the cases defined in article 11.c below, you can benefit from the conditions of exchange and reimbursement provided for this purpose.
For unclaimed parcels returned, for the reason "storage time exceeded", an amount of 10.00 € including tax corresponding to the return costs will be deducted from the amount of the refund.
d. Conformity of the products during the 14-day period upon receipt
POGGIO undertakes to refund or exchange a defective product or not corresponding to the order (shipping error, ...) when the customer has expressed the problem encountered on his order and his decision in relation to this within 14 days of receipt of the product.
In the case of a shipping error by POGGIO, we thank you for contacting our customer service, in writing, and detailing the problems encountered.
In case of POGGIO's error, POGGIO will take care of the return of the product to our premises upon request.
Outside metropolitan France, please contact our customer service. After agreement and if necessary (POGGIO's delivery error), the shipping costs will be refunded on the basis of the basic rate for simple shipping. The provisions of this article do not prevent you from benefiting from the right of retraction (satisfied or reimbursed) provided for in article 13.
Any cancellation made outside this 14-day period following receipt will not be accepted if it does not concern a problem related to a manufacturing defect. In the case of a product return, the product must be returned in new condition (without any marks or scratches), in the original packaging with all the elements delivered (accessories, packaging, instructions, etc.).
In the event of non-conformity of the material ordered, you now have the possibility of returning the goods ordered without having to move.
e. Delivery delay
The customer will be informed as soon as possible by email of a delivery postponement.
In the event of a delay in delivery compared to the date initially set, the customer will have to notify POGGIO in writing (email), in order to improve the quality of service and to allow POGGIO to make an enquiry with the carrier. In the case of delivery by the Post Office, an investigation may take up to 21 days. If during this time the product is found, it will be immediately re-routed to the customer's home or to the addressee designated in the order form. On the other hand, if the product ordered is not found at the end of this 21-day investigation period, POGGIO will proceed at its own expense with a new shipment of the customer's order.
We remind you that, in accordance with article L. 216-2 of the French Consumer Code, you have the option of cancelling the sales contract by registered letter with acknowledgement of receipt if the delay exceeds 14 days and is not due to a case of force majeure.
12. Professional VAD: delivery order
a. Delivery - Transport
Delivery shall be deemed to have been made as soon as the carrier has taken delivery of the material from our warehouse or our suppliers' factories. The risks and responsibility for the equipment sold therefore take place as soon as the said takeover takes place, even in the case of carriage paid delivery. The equipment is only insured on express instruction and at the expense of the buyer. In all cases, it is of course the responsibility of the buyer to carry out all checks, to make all reservations on arrival of the equipment and to exercise, if necessary and within the statutory time limits, any recourse against the carrier. Claims must be made by registered letter to the carrier and to POGGIO within 3 days of receipt of the goods. Failing this, the right to claim will cease to be acquired. Any request for a cancelled voucher, as proof of delivery, will be invoiced at a flat rate of 20 € HT.
In accordance with article L. 133-3 of the French Commercial Code, you have a period of three days to inform the carrier of your complaints. In order to ensure maximum reactivity in dealing with the problem you encounter, we advise you to notify all problems directly on the delivery note (for example: damaged package, already opened, ...) and to send it to POGGIO within 3 days of receiving the product.
b. Delivery time
Delivery times start to run from the moment the order is taken. Taking into account the possibility of personalisation of certain products, these delivery times are given as an indication without commitment. Consequently, a delay cannot justify the cancellation of the order, nor give rise to compensation or penalties. The fact that the customer postpones the delivery dates initially planned is not likely to modify the invoicing under the conditions and dates initially planned.
POGGIO accepts the return of goods under certain conditions and the customer will have to comply with the procedure put in place.
The request for return must be made within fifteen working days of receipt of the material at the latest. The customer must contact POGGIO's quality department by email at firstname.lastname@example.org. The customer will receive by e-mail a number and a non-conformity form on the return procedure, which must be attached to the package.
All parcels must be sent exclusively to the following address: POGGIO SOLUTIONS - 854, Avenue du Campon, 06110 Le Cannet, France, together with the non-conformity form provided by POGGIO's quality department.
Returned material must be in a strictly new condition in its original packaging, the packaging and transport costs for both outward and return journeys are the responsibility of the customer. Products not included in the catalogue cannot be taken back by POGGIO under any circumstances. Any return of merchandise following an error or responsibility of the customer will result in the return of the said merchandise at 75% of the price invoiced for restocking costs. In the event of non-conformity of the material ordered, you now have the possibility of returning the goods ordered without having to go to the store.
13. Right of retraction by a private individual for an order on www.poggio-solutions.com.
You have the right to withdraw from this contract without giving reasons within fourteen working days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax or e-mail) by post to POGGIO SOLUTIONS- Commande Internet - 854, Avenue du Campon, 06110 Le Cannet, or contact us by e-mail at the following address
You can use the model withdrawal form available here but it is not compulsory.
As part of the return procedure, please follow the procedure below:
The withdrawal form must be completed and enclosed with your parcel containing the product(s) to be returned.
To be taken care of under the right of retraction, the returned products must imperatively reach POGGIO-SOLUTIONS :
- Before the expiry of the 14 calendar days period starting from the sending to POGGIO-SOLUTIONS of the retraction request.
- Complete with all accessories and in their original packaging.
- In perfect condition for remarketing (parts and packaging), i.e. in perfect working order, clean, not worn out, not damaged.
Products arriving at POGGIO-SOLUTIONS damaged / broken / worn / marked by improper handling for assembly in accordance with the manufacturer's specifications and the rules of art or by insufficiently protective packaging during transport may be refused.
You must return the R180 according to the following procedure:
1. Place the R180 in its original pouch and packaging and place it in another carton (strong enough to protect the R180 during transport). If necessary, securely wedge the product so that it does not move in the package during transport. Use crumpled paper or bubble wrap to avoid any risk of damage.
2. 2. Do not stick the transport label on the original packaging of the part. (Cardboard box with the part mark). To do this, use another cardboard box, in which you will place the original box, otherwise your return will be refused.
3. 3. Attach the previously completed cancellation form to the package.
4. 4. Return the package, preferably from a post office, by Colissimo Suivi, to the following address:
Developpements Logistic Services
16 Chemin de la Glacière
06200 NICE - France
This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period. You will have to pay the direct costs of returning the goods. The goods must be returned in their original condition and packaging in order to be refunded. Effects of withdrawal In the event of your withdrawal from this contract, we will refund the amount of your order (the reimbursement of delivery costs will be made on the basis of the standard delivery rate), except for the return costs, without undue delay and in any event no later than fourteen working days from the day we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment that you used for the original transaction. This refund will not incur any costs for you. We may defer the refund until we have received the goods.
14. Warranties and spare parts
- Manufacturer's warranty
This guarantee is applicable to all professionals for all products present on this site. This guarantee will not be opposable to consumers (individuals) but it may constitute an element of information on the minimum durability expected of the product in application of the 3rd paragraph of article L 217-7. The manufacturer's guarantee period displayed on the product sheet starts on the delivery date of the initial order without renewal of this period in the event of an exchange within the framework of this one.
Duration of the guarantee: POGGIO-SOLUTIONS guarantees the product for 24 months from the date of purchase. This warranty is an additional document and can in no way replace your legal rights. This warranty does not cover products intended for rental. Any part found to be defective due to a defect or manufacturing defect will be replaced. Under no circumstances will the warranty give rise to any reimbursement or compensation whatsoever, whether direct or indirect. Furthermore, this guarantee does not cover: accessories and consumables, misuse of the product, damage caused by a fall, use for professional purposes and postage and packing costs for the return of the appliance; the latter remain the responsibility of the customer. Any item sent for repair with postage due will be refused. The guarantee will be automatically cancelled if the product has been modified without the manufacturer's consent or in the event of the use of accessories not authorised by the manufacturer. The latter declines all civil liability deriving from improper use of the machine or use that does not comply with the instructions, adjustment and maintenance. Warranty assistance will only be granted if the request is addressed to the authorised after-sales service with proof of purchase. Immediately after purchasing the product, we advise you to check that the product is undamaged and to read the instructions carefully before use.
- Guarantee of conformity
- Exclusion of warranties
This guarantee does not apply:
(a) To the battery.
(b) Any cosmetic damage
(c) To any damage caused by use. The storage conditions as well as the commissioning of the product are part of the use.
(d) Any damage caused by accident, abuse, misuse, contact with a liquid.
(e) Any damage caused by the operation of the product outside the permitted or intended uses described in the technical data sheets and instructions for use of the products.
(f) Has a product or part that has been modified in such a way as to alter its functionality or capabilities without the written permission of POGGIO.
(g) If any serial number has been removed or made illegible
Article L 217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this was made at its expense by the contract or was carried out under its responsibility.
Only consumers - i.e. any natural person who has purchased a product for a use which is not within the scope of his commercial, industrial, craft or liberal activity - can benefit from this legal guarantee. Thus, products purchased which are referred to in an invoice indicating the VAT registration number of a company or professional are not covered by this legal guarantee.
POGGIO takes care of...
The consumer shall be entitled to obtain from POGGIO the repair or replacement free of charge of the defective product, unless the choice requested is objectively impossible or constitutes a manifestly disproportionate cost in relation to other modalities, taking into account the value of the product, the nature of the lack of conformity and the possibility of implementing alternative solutions without major inconvenience to the consumer.
Where the replacement of the product is impossible or constitutes a manifestly disproportionate cost or involves an unreasonable delay or causes major inconvenience to the consumer, the consumer shall have the right to obtain a full or partial refund in exchange for the product.
Where the consumer is acting as a legal guarantee of conformity, the consumer shall :
- has a period of 2 years from the delivery of the good to act;
- can choose between repair or replacement of the good, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code ;
- is exempted from having to provide proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
- Warranty against hidden defects
Consumers and non-specialist professionals who have purchased a product are concerned by this guarantee. POGGIO may be held liable when a defect that is not visible (i.e. is not likely to be discovered by reasonable inspection by the buyer) renders the product unfit for its intended use or so diminishes its usefulness that the buyer, if he had known about the defect, would not have acquired the product or would not have acquired it at the purchase price (Article 1641 of the Civil Code).
The costs of returning the product are borne by POGGIO. If the expertise carried out by POGGIO confirms that there is indeed a hidden defect, you will be reimbursed in full. The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect (Article 1648 paragraph 1 of the Civil Code).
To benefit from the legal guarantee of conformity or the guarantee of hidden defects, it is sufficient to contact the customer service of the company POGGIO by :
- email : Contact us by email
- mail: addressed to the POGGIO company's head office
In accordance with article L 111-3 of the Consumer Code Poggio indicates that it does not have spare parts due to the nature of the product.
15. Force majeure
The POGGIO company shall in no case be held liable for any breach of its contractual obligations in the event of a force majeure for the following events without their enumeration being exhaustive: strike, pandemic, epidemic, climatic events, riots, wars, disasters, delay of our supply and in a general way any event affecting and making the normal execution of orders impossible.
16. Personal data - respect of privacy
The personal data provided by the customer is not distributed to a third party; unless the customer expressly objects, it is included in the POGGIO SOLUTION customer file. In accordance with the law 78-17 of January 6, 1978, modified on August 6, 2004, the customer has at any time a right of access and rectification. To exercise this right, simply contact POGGIO SOLUTIONS Customer Service by :
1. Contact us by email
3. letter addressed to the POGGIO SOLUTIONS company's head office
4. telephone (+33)0780983621 during legal opening hours.
Within the framework of the law, POGGIO SOLUTIONS must be able to provide an invoice following a customer purchase for a period of 10 years, during which time the customer's personal data will be kept.
17. Reservation of ownership
The goods sold by POGGIO remain legally its property until the actual and final collection of the agreed price. Until this date, the material delivered will be considered as consigned and the buyer will bear the risk of any damage that this material may suffer or cause for any reason whatsoever. Until full payment has been made, the goods cannot be resold without the prior agreement of POGGIO. Despite any provision to the contrary in this contract, in the event that the customer does not respect one of the payment deadlines, the seller, without losing any of his other rights, may demand, by simple registered letter, the return of the goods at the customer's expense until the latter has fulfilled all his commitments. The catalogue remains the property of POGGIO. Any reproduction, even partial, of the texts, illustrations, photos and tables is strictly forbidden under penalty of prosecution. In the event that we are required to make, without prior notice, changes in the characteristics of the articles photographed or drawn in this catalogue, we will not be required to supply the articles in their previous specification and POGGIO's responsibility cannot be engaged.
18. Intellectual Property
All elements of the POGGIO site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Thus, none of the documents from the All-Batteries.fr site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever, except under the following conditions: it is possible to download a copy of the documents onto a computer for personal use and solely for non-commercial purposes, provided that you have not modified the information and that all copyright and other property notices are kept intact. Modification of these documents or their use for any other purpose constitutes an infringement of POGGIO's intellectual property rights. Users who have a personal website and wish to place a simple link on their site for personal use directly to the home page of the POGGIO website must request permission from POGGIO. This will in no way constitute an implicit affiliation agreement. On the other hand, any hypertext link to the poggio-solutions.com site using the "framing" or "in-line linking" technique is strictly forbidden.
In any case, any link must be removed upon request by POGGIO.
19. Applicable Law - Disputes
Complaints handling : For any complaint you can contact the customer service department at the contact details mentioned in the present conditions:
- POGGIO SOLUTIONS- 854, Avenue du Campon, 06110 Le Cannet, France
Mediation of consumer disputes: In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, after prior written action by consumers vis-à-vis POGGIO, the Mediation Service may be contacted for any consumer dispute that has not been settled successfully.
Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) n°524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
Applicable law: These General Terms and Conditions of Sale are subject to French law. The language of these General Terms and Conditions of Sale is French. The products offered for sale comply with French regulations. If necessary, it is the responsibility of the foreign customer to check with the local authorities the possibilities of use of the product he intends to order; the POGGIO company cannot be held responsible in case of non-respect of the regulations of a foreign country where the product is delivered.
In case of dispute with a professional customer, the Commercial Court of Cannes is the only competent court. Our conditions of sale cease to apply if, at the time of a previous order, the professional customer has evaded his obligations. A refusal to sell will then be validly opposed, unless the professional provides satisfactory guarantees or payment with the order. In the latter case, it is specified that no discount will be granted.
In the event of disputes with a private individual
Notwithstanding the foregoing, in the event of a dispute with an individual, the French courts shall have sole jurisdiction:
The competent court shall be that of the place of residence of the defendant or that of the place of actual delivery of the item if it is located in France.