Terms and conditions

January 20, 2025

The website www.posidonie.io (the "site") is administered by the company POSIDONIE, a simplified joint-stock company with a capital of €5000, whose registered office is located at 215 rue Jean Jaurès, 83000 Toulon - France, registered with the trade and companies register under number 852 820 497 R.C.S of Toulon.

Its Siret number is 85282049700026 and its intra-community VAT number is FR76852820497.

1. Application of general terms and conditions of sale

The purchase of products offered on the website www.posidonie.io (the "site") is subject to these general terms and conditions of sale (the "general terms and conditions of sale").

POSIDONIE products are exclusively intended for sale to final consumers ("customers"), natural persons or legal entities, excluding all resellers or intermediaries acting on behalf of resellers. Therefore, the customer affirms that they are acting as a final consumer and do not intend to resell POSIDONIE products for commercial purposes.

Any order placed on the site implies full and unreserved acceptance of the general terms and conditions of sale by the customer making a purchase (the "customer").

POSIDONIE may update these general terms and conditions of sale at any time. You can consult the current version of the general terms and conditions of sale at any time by clicking on the link on the homepage. The general terms and conditions of sale in force at the time of concluding the sales contract are those applicable to you.

With each purchase of products on the site, it is understood that you accept these general terms and conditions of sale in force on the date your order is placed. Said general conditions can be viewed before placing the order.

2. Order procedures

The site allows you to order a selection of POSIDONIE brand products (the "product(s)") from POSIDONIE, directly online via the internet for delivery in France and abroad (see article 7 "delivery terms").

These general terms and conditions of sale therefore do not apply to special orders, which do not exist or no longer exist in the POSIDONIE collection.

3. Product availability

Our product and price offers are valid as long as they are visible on the site, within the limits of available stock. Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders of the same product by several customers. In the event of product unavailability after you have placed your order, we will inform you by email or telephone as soon as possible, offering you either to order another product presented on the site as a replacement, or to cancel your order.

POSIDONIE incurs no liability in the event of stock shortage or unavailability of products for orders not yet accepted by POSIDONIE.

POSIDONIE reserves the right to change the products offered on the site at any time and without notice. In order to ensure better quality of service and product availability for all customers of the site, POSIDONIE reserves the right to limit the quantity of products that can be purchased by a customer, in accordance with the applicable provisions in this regard, and in particular those of article l. 122-1 of the French Consumer Code.

4. Order process

4.1 Product selection

At any time, you can add products to your selection by clicking on "add to cart", and choose to complete your purchases or continue browsing.

You can view your selection by clicking on "my cart" in the top right menu, where the following will appear: the photo(s) of the product(s), its color(s) and reference(s), the quantity(ies) chosen, its (their) unit price(s) and the subtotal of the selection. Further along in the purchase process, you can also choose your preferred delivery country and delivery method, which will calculate the shipping costs and consequently the total amount you will pay. The delivery zone and costs may, however, be modified later if you wish, and the total amount will then be updated accordingly based on your choices.

4.2 Identification

After selecting the product(s), click on "pay" to start the order process.

You will be asked to enter your email address.

The data recorded by the site constitutes proof of all transactions between POSIDONIE and its customers. In case of a dispute between POSIDONIE and one of its customers regarding a transaction made on the site, the data recorded by POSIDONIE is considered valid proof of the content of the transaction.

4.3 Order validation

4.3.1 Delivery method validation

You will need to validate your delivery method and complete the delivery information necessary for the proper shipment of your order: shipping country, title, first name, last name, telephone number, and delivery address.

Once this step is completed, click "continue."

4.3.2 Payment method validation and order payment

You can use your delivery address as the billing address or enter a different one. You will then be invited to select a payment method and enter the relevant information.

At the end of the ordering process described above and after having accepted all of these general terms and conditions of sale and use of the site, click on the "place my order" button. The sales contract will then be definitively formed.

You must carefully check the accuracy of your selection before confirming your order. While every effort is made to ensure that the color and pattern of the products whose photos are displayed on the site are faithful to the original products, variations may occur, particularly due to technical limitations in color rendering on your computer equipment. Therefore, POSIDONIE cannot be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the products appearing on the site. If you have any questions about the products, you can naturally contact us at hello@posidonie.io.

For more information on payment methods (currency, accepted payment methods, etc.), please refer to the article below "5. Prices – accepted payment methods."

Once completed, your order is transmitted to POSIDONIE for processing.

POSIDONIE reserves the right not to accept an order from a customer with whom it is in dispute regarding a previous order, or if POSIDONIE reasonably believes that this customer has violated these general terms and conditions or has engaged in fraudulent activity, or for any other legitimate reason.

4.3.3 Order confirmation

A summary of your order will then be sent to you by email. The acknowledgment of receipt will show the total amount of the order, information relating to the cost and delivery time, the essential characteristics, the quantity and the price of the products purchased.

The customer formally accepts the use of email for the confirmation by POSIDONIE of the content of the order.

We recommend that you keep this acknowledgment of receipt in paper or electronic format.

In application of Article L. 134-2 of the Consumer Code, when an order amounts to 100 euros or more, POSIDONIE keeps the written record of the contract concluded between POSIDONIE and a customer electronically for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years thereafter (in accordance with Decree 2005-137 of February 16, 2005). You then have access to this document at any time, upon request to customer service by sending an email to hello@posidonie.io and proving your identity.

5. Prices – accepted payment methods

5.1 Prices

Product prices are indicated in euros, all taxes included. Except in cases of refunds made (i) within the framework of exercising the right of withdrawal or for (ii) non-conformity and hidden defects, POSIDONIE will not refund the VAT applied to purchases made on the site (even if the buyer, after receipt, re-ships the products to a country outside the European Union).

For sales made outside the European Union, customs clearance and payment of various duties or taxes are the sole responsibility of the customer.

POSIDONIE reserves the right to modify the prices of products offered on the site at any time and without prior notice. Products are invoiced based on the prices displayed on the site at the time your order is placed, subject to the availability of the ordered products at that time.

All orders are payable in euros and must be settled immediately at the time your order is placed. In case of unavailability of certain ordered products (see article 3 "product availability"), only the price and shipping costs related to the available products will be debited.

5.2 Accepted payment methods

Accepted payment methods are as follows: credit cards and bank cards (Visa®, Mastercard®, American Express®) via the secure platform implemented by Payplug.

In accordance with the provisions of Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.

Any order placed on the site implies a guarantee from the customer that they have all necessary authorizations to use the payment methods made available on the site.

Your order will only be shipped after your payment method has been verified and authorization to debit your card has been received.

Your account will be debited at the time your order is shipped.

POSIDONIE does not store its customers' bank details.

“3X 4X WITH FEES”

Payment for your order in 3 or 4 installments by credit card for purchases from €100 up to €3000 with Oney Bank.

Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €100 to €3000 in 3 or 4 installments with your bank card.

Conditions: This offer is reserved for individuals (adult natural persons) residing in France and holding a Visa or MasterCard credit card with a validity date greater than the chosen financing period. Systematically authorized cards, particularly Electron, Maestro, Nickel, etc., as well as e-cards, Indigo, and American Express cards are not accepted.

Subscription terms: After completing your order, simply click on the "3x 4x Oney payment by credit card" button.
You will then be redirected to our partner's 3x 4x Oney web page displaying the detailed summary of your order and the personalized financing request, which you must then validate.
You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login credentials linked to your 3x 4x Oney account.
You acknowledge the general terms and conditions of multi-part payment that you wish to subscribe to, which are provided in PDF format so that you can read, print, and save them before accepting them. You then notify your electronic acceptance by checking the corresponding box.
You acknowledge that the "double click" associated with the checkbox regarding the acknowledgement of the general conditions constitutes consent to contract and an irrevocable and unreserved acceptance of the general conditions of the product.
Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions made between you and Oney Bank.
If you request to benefit from a financing solution offered by Oney Bank, the information related to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your application for the granting, management, and recovery of credit.
Oney Bank reserves the right to accept or refuse your 3x 4x Oney financing request. You have a withdrawal period of 14 days to cancel your credit.

How it works: Payment in 3 or 4 installments by credit card allows you to pay for your order placed on our merchant site as follows:

- a mandatory initial payment, debited on the day of confirmation of your order's shipment, corresponding to one-third or one-quarter of the order, to which are added fees corresponding to 1.45% of the total amount of the order for a 3-installment payment and 2.2% for a 4-installment payment (up to a maximum of €15 for a 3-installment payment and €30 for a 4-installment payment);

- two or three monthly payments, each corresponding to one-third or one-quarter of the order, collected 30 and 60 days later for the 3-installment payment, and 30, 60, and 90 days later for the 4-installment payment.

● Payment in 3 installments for purchases from €100 to €3000. Example: For a purchase of €150, an initial payment of €52.18 then 2 monthly payments of €50.

Credit for a period of 2 months with a fixed APR of 19.31%. Cost of financing: €2.18 within the limit of €15 maximum.

● Payment in 4 installments for purchases from €100 to €3000. Example: For a purchase of €400, an initial payment of €108.80 then 3 monthly payments of €100.

Credit over 3 months with a fixed APR of 19.61%. Cost of financing: €8.80 within the limit of €30 maximum.

Oney Bank - SA with capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias n°: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr”

6. Retention of title

The ordered products remain the property of POSIDONIE until full payment of the price by POSIDONIE.

However, you, the customer, assume the risks (particularly of loss, theft or deterioration) concerning the delivered products from the moment they are delivered to the address indicated during the order.

7. Delivery terms

7.1 Delivery area

Delivery refers to the physical handover of the product to the customer (the "delivery").

Products purchased on the site can be delivered in France and abroad.

For reasons, particularly security, POSIDONIE will not process any order for which a poste restante, hotel, post office box, or cedex address is provided.

Products are shipped to the delivery address you indicated during the order process.

In case of an error in the customer's contact details, POSIDONIE cannot be held responsible for the impossibility of delivering the ordered product(s).

7.2 Shipping costs

When placing an order on the site, the customer must choose the delivery method and the delivery location.

The amount of delivery charges is calculated according to the destination and the chosen delivery method.

7.3 Delivery times

For any order placed on the site, POSIDONIE undertakes to prepare customer orders within 24 to 72 hours (excluding weekends and public holidays) and a maximum of 10 working days during peak periods (Christmas, sales, etc.), it being specified that these deadlines only run from the validation of your order by our customer service.

When POSIDONIE is responsible for the transport of the product, the risk of loss or damage to the product is transferred to the customer at the time of delivery.

In order for these deadlines to be met, the customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building number, stair number, access codes, intercom names and/or numbers, etc.).

POSIDONIE cannot be held responsible for delays in delivery not attributable to it or justified by a case of force majeure (as defined hereafter).

POSIDONIE also reserves the right to split deliveries. The debit to your credit or payment card will be split in the same way to match the price of the products actually delivered. Shipping costs will only be billed for a single shipment and in accordance with the indications in your order summary.

For any questions, please contact our customer service by sending an email to hello@posidonie.io.

8. Delivery issues

Any defect or delay in delivery, exceeding the delivery times mentioned in article 7, must be reported to our customer service as soon as possible by sending an email to hello@posidonie.io.

Any claim made beyond fourteen (14) calendar days after the validation date of your order cannot be taken into account.

In case of product damage, the customer must:

Refuse the package, which will then be directly returned to the sender.
Make reservations upon receipt of the damaged package.
File a claim on the carrier's website.

Without reservation from the recipient, the carrier is not obliged to compensate. The recipient's claim will supplement the claim made by our services.

To make a claim, please contact us at the following address: hello@posidonie.io, providing:

Recipient's name
Package tracking number
Product description
Photos of the damaged package with clear postage
Photo of the package interior
Photo of the damaged product

In the event of non-compliance with the shipping deadline, you may cancel the order simply by emailing hello@posidonie.io.

POSIDONIE will then be obliged to refund you all sums paid, at the latest within fourteen (14) days following the date of termination of the sales contract. If you nevertheless receive the product after having exercised this right, you must return it according to the return conditions provided for in article 9 below.

You must check the conformity of the products at the time of delivery and indicate, if possible on the invoice, any anomalies observed (open package, damaged product, etc.) in the form of handwritten reservations accompanied by your signature.

You must then contact customer service by sending an email to hello@posidonie.io. In the event that the purchased products do not conform or do not satisfy you, you may return them and request a refund under the conditions set out in article "9. Right of withdrawal – returns and refunds".

8.1 Liability for undelivered item

First, please check the tracking of your package using the link provided in your order confirmation email. If it indicates "delivered" but you have not received it in your mailbox, it is possible that the item has been returned to the nearest post office or that your neighbors have received it. If your package indicates that it has been delivered by our service provider (La Poste, Mondial Relay), we can no longer do anything. A theft from a mailbox is equivalent to a theft from your property. Therefore, you must contact the carrier.

8.2 Liability and shipping of your return package

Until we receive it, your return package is your responsibility. In case of loss or any other problem encountered during the delivery of your return package, we invite you to contact the carrier. Do not hesitate to inform us via hello@posidonie.io.

We will not be able to confirm the return of your items until your package has reached us. We recommend that you keep proof of deposit of your package while it is being processed.

9. Right of withdrawal – returns and refunds

9.1 Right and period of withdrawal

You have a legal right of withdrawal that you can exercise under the conditions provided for in articles L. 121-21, L. 121-21-1, and L. 121-21-2 of the Consumer Code, if you meet the conditions set by these provisions, without having to provide reasons and without having to pay penalties.

POSIDONIE's general return policy (for any refund or exchange request) allows you to withdraw within fourteen (14) days from the date of delivery of the products, without having to provide reasons and without having to pay any penalty. After this period, you will no longer be able to exercise your right of withdrawal.

Discounted items are not refunded but only exchanged for a credit note.

9.2 Procedures for exercising the right of withdrawal

We offer you the possibility to complete and submit your declaration of withdrawal by sending us an email to the address hello@posidonie.io ; you will then receive a confirmation of your withdrawal by email.

9.3 Consequence of the right of withdrawal

In the context of exercising the right of withdrawal or in case of non-conformity of the product, you may return the purchased product(s) by requesting a refund under the conditions described in article 10 below.

10. Return and Refund Procedures

10.1 Return procedure

When exercising the right of withdrawal, products must be returned in their original packaging (with the pouch and postcard), in their original, new, unworn, unwashed condition, with the hygiene tag attached, and properly folded within 14 days of their receipt date.

The return of a product, in the case of a refund request, is free if the shipping location is in metropolitan France. The return of a product, in the case of a refund request, is at your expense if the delivery location is outside metropolitan France and is at your risk. To do this, you must send an email to hello@posidonie.io indicating the reasons why you wish to make a return. You will receive a return voucher by email within a maximum of one week to send back your order, as well as a shipping voucher at POSIDONIE's expense if the delivery location is in metropolitan France, which you will need to print. Please note that this return voucher has a deadline for deposit at the post office. After the deposit date indicated on this return slip, you will no longer be able to return your product free of charge, and the return will therefore be at your expense.

Products returned incomplete, damaged, soiled, worn or used will not be refunded or exchanged.

If the swimsuit is returned dirty, stained, damaged or if the hygienic protection label has been detached, it will be considered inadmissible for return. We will send it back to you and you will be charged for delivery.

Only return shipping costs are offered in case of a refund request, not the initial shipping costs.

Please note: return costs are not offered for the purchase of discounted products.

10.2 Refund

In case of a refund request, it will be processed within a maximum of fifteen (15) days from the receipt of the product(s) by POSIDONIE. Once the products are received, inspected and accepted by our services, the refund, excluding the standard delivery costs of the initial order, will be made using the same payment method used during the order.

As soon as your package has been processed and brought into conformity, you will receive a notification informing you that we have processed the refund. Please note, however, that an additional delay may be applied by your bank when processing the refund. Please note that your bank may take time to process payment receipts and can take up to 15 days.

Discounted products are not refunded but can only be returned for a credit note.

10.3 Gifts ordered from the site

Since only the bank account of the person who ordered the product can be credited, only that person can request a refund via the return procedure on the site. The customer who purchased the gift must then follow the return procedure provided for in Article 10.1.

11. Legal Guarantees

Products sold by POSIDONIE are subject to the legal warranty conditions provided for in articles L. 211-4 to L. 211-13 of the Consumer Code as well as articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:

Legal guarantee of conformity

POSIDONIE will deliver a product that conforms to the contract and is free from defects of conformity when the said product is handed over, in the sense that the product will be fit for the use ordinarily expected of a similar good and that it will present the characteristics presented at the time of sale. POSIDONIE is also responsible for defects of conformity resulting from the packaging.

POSIDONIE may replace the non-conforming product. If replacement is impossible within one (1) month following the claim, or if you make a duly reasoned request, you may request a refund of the product price.

This warranty will only apply if you make the request within two months of the delivery of the goods.

Legal guarantee against hidden defects

POSIDONIE will provide you with a product free from hidden defects that would render it unfit for its intended use, or that would diminish its use so much that you would not have acquired it, or would have given a lesser price for it, had you known about them. This warranty will only apply if you make the request within two (2) months of discovering the defect.

In the case of a hidden defect, you will have the choice of returning the product and having the price and costs incurred by the sale reimbursed, or keeping the product and having a part of the price reimbursed. In all cases, it will be up to you to prove that you meet the conditions of the warranty.

In case of non-conformity and hidden defects, you must return the products to the following address:

POSIDONIE

215 rue Jean Jaures

83 000 Toulon

France

11.3 Force Majeure

In the event of a force majeure event preventing the performance of these general terms and conditions of sale, POSIDONIE shall inform the customer within fifteen (15) days from the occurrence of such event, by email or by registered letter with acknowledgment of receipt.

Expressly, cases of force majeure or fortuitous events are considered, in addition to those usually recognized by the jurisprudence of French courts, total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blocking of transport or supply means for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in marketing methods, computer breakdowns, telecommunications blockages, including wired or wireless telecommunication networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.

All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) months, the transaction concerned may be terminated at the request of POSIDONIE or the customer without compensation from either party. Non-payment by the customer cannot be justified by a case of force majeure.

12. Limitation of Liability

Under no circumstances can POSIDONIE be held liable for any damage that does not result from a breach by POSIDONIE of one of its obligations.

13. Miscellaneous Provisions

If one or more provisions of these general terms and conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

No tolerance, inaction, or inertia on the part of POSIDONIE shall be interpreted as a waiver of its rights under the general terms and conditions of sale.

14. Applicable Law – Disputes

These general terms and conditions of sale are governed by and interpreted in accordance with French law.

However, in accordance with EU Regulation 593/2008 of 17 June 2008, these general terms and conditions of sale do not prevent POSIDONIE from complying with any provision more favorable to the customer and which cannot be derogated from by agreement, under the law where the customer has their habitual residence.

In the event of a dispute related to the execution of an order, you have the possibility of recourse to a conventional mediation procedure or any other alternative dispute resolution procedure.

These general terms and conditions of sale are written in French. Notwithstanding the foregoing, in the event of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000:

you may bring the matter before either the court of your domicile or the French courts,
POSIDONIE may bring the matter before the court of your domicile.

In case of discrepancies between the French version and the English version of the general terms and conditions of sale, the French version shall prevail.

GENERAL CONDITIONS OF USE OF THE SITE

The website www.posidonie.io (the "site") is administered by POSIDONIE, a simplified joint stock company with a capital of €5000, whose registered office is located at Allée François Nardi, les Mas du Vieux Moulin – 83160 La Valette-du-Var – France, registered with the Trade and Companies Register under number 852 820 497 R.C.S of Toulon.

Its Siret number is 852 820 49700018 and its intra-community VAT number is FR76852820497.

The host of the website www.posidonie.io is: Shopify.

The director of publication is Lauren Peuch, legal representative of the company POSIDONIE, whom you can contact at the following address: hello@posidonie.io.

The use of the site and the purchase of products offered on the site are subject to these general conditions of use (hereinafter the "general conditions of use"). By using the website www.posidonie.io, you acknowledge having read, understood, and accepted without reservation these general conditions of use. Similarly, by using the site you acknowledge the site's privacy clauses.

POSIDONIE may at any time modify and update these general conditions of use. The general conditions of use in force at the time of using the site are those applicable to you.

We advise you to regularly keep informed of the current conditions. You can consult the version of the general conditions of use at any time.

Personal Data and Cookies

https://posidonie.io/policies/privacy-policy

Intellectual Property

All elements (designs, models, illustrations, images, soundtracks, texts, logos, brands, etc.) constituting the site are the exclusive property of POSIDONIE. With the exception of derogations expressly provided for in the general conditions of use, you are prohibited from fully or partially reproducing, by any means whatsoever, distributing, publishing, transmitting, modifying, or selling all or part of the content of the site, or creating derivative works from it without the prior written consent of POSIDONIE.

The brand "POSIDONIE", all other brands and logos related to POSIDONIE, registered or not, displayed on the site, as well as the domain name "posidonie.io" are and shall remain the exclusive property of POSIDONIE. Any reproduction, distribution, transmission, modification or use of these marks without the express prior consent of POSIDONIE, for whatever reason, is prohibited.

You are prohibited from removing any copyright, trademark, or other proprietary rights notices from the site or any content therein. You may make a single copy of the web pages published on the site for your private, personal, and non-commercial use, provided that any copy of these web pages retains all "copyright" and proprietary rights notices contained therein.

Links

The site may contain links to third-party sites not published or controlled by POSIDONIE. Such links are provided solely for convenience; they cannot and should not be construed as an express or implied endorsement of these sites, their content, or any product or service offered thereon.

You may only create a link to the site with the prior express written authorization of POSIDONIE.

Limitation of Liability

POSIDONIE shall in no event be liable to you or any third party for any indirect, incidental, special, or consequential damages - which includes, without limitation, any loss of profit or other indirect loss, resulting from your use of the site or your inability to use it. This limitation of liability applies to the fullest extent permitted by law.

Absence of Warranty

POSIDONIE cannot guarantee or affirm:

- that the site is free from viruses, data-erasing programs, Trojan horses, or other destructive material,

- that the information contained on the site is accurate, complete, or up-to-date.

The site may contain technical inaccuracies or other defects, POSIDONIE does not guarantee the correction of these defects. The site and its content are presented "as is" and "as available". POSIDONIE expressly excludes any form of warranty, including any implied warranty regarding the usual conditions of use of the site or the suitability of the site for normal use or a specific use, its quality or compliance with all legal provisions. This limitation of liability applies to the fullest extent permitted by law.

Applicable Law – Disputes

These general conditions of use are governed by and interpreted in accordance with French law in accordance with Regulation EC 593/2008 of 17 June 2008. These general conditions of use are written in French.

In the event of a dispute related to the use of the site, you have the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution procedure.

In case of a dispute, in accordance with the provisions of Regulation No. 44/2001 of 22 December 2000:

- You may bring the matter before either the court of your domicile or the French courts,

- POSIDONIE may bring the matter before the court of your domicile.

POSIDONIE reserves the right to seek and obtain injunctions or orders for the defense of its rights under these terms.

In case of discrepancies between the French version and the English version of the general conditions of use, the French version shall prevail.