1. Application of the general conditions of sale
These General Conditions of Sale govern the relations between:
• the company LE PETIT POUSSE, SAS with a capital of 20,000 euros, registered with the trade and companies register of Lyon (France) under number 828 199 190 management number 2017B01652, VAT identification number FR06 828199190, Headquartered at 10 Allée Richard Wagner 69780 Mions, represented by its president Ms. Bellintani Séverine, and whose trade name is LE PETIT POUSSE (hereinafter named LE PETIT POUSSE)
• the customer wishing to make a purchase on the website www.lepetitpousse.fr (hereinafter referred to as "the Customer").
These general conditions of sale apply to all orders placed through the Website www.lepetitipousse.fr. They prevail over any other stipulation written or not, made by the customer, in accordance with the e-commerce rules.
Any order implies full acceptance of these conditions of sale subject to any special conditions written by the seller at the time of the order. The acceptance and confirmation of the order are established by the data entry by the customer on successive screens; these data appear on a summary screen with an explicit mention of the consumer's commitment before accessing the payment platform.
The order confirmation procedure performed by the customer constitutes the electronic signature of these general conditions of sale.
LE PETIT POUSSE reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. In case of modification, will be applied to each order the conditions on the day of the order.
These conditions apply exclusively to non-retailer Customers
2. The Website
www.lepetitpousse.fr is an e-commerce site owned and published by LE PETIT POUSSE. LE PETIT POUSSE sells items used for the creation and storage of children's memories.
These items are either designed and manufactured by LE PETIT POUSSE (and its suppliers) or provided by authorized distributors.
The site is open to all users of the internet network in principle accessible 24 / 24h, 7 / 7d, except interruption, scheduled or not, by LE PETIT POUSSE or its providers, for maintenance updates or case of force majeure (such as defined herein). LE PETIT POUSSE can not be held responsible for any damage, whatever its nature, resulting from unavailability of the site. LE PETIT POUSSE does not guarantee that the site will be free from anomalies, errors or bugs, nor that the site will work without failure or interruption. In this respect, it may freely determine, in its sole discretion, any period of unavailability of the site or its content. LE PETIT POUSSE can not be held responsible for problems of data transmission, connection or unavailability of the network.
3. Website Registration
To be able to place an order, the Customer must first register on the site www.lepetitpousse.fr by creating an account gathering customer information. The registration of the Customer on the site is validated by LE PETIT POUSSE after verification of the standard form completed by the Customer.
The Customer receives an email confirmation of registration. When creating an account, the Customer must ensure the accuracy and completeness of the data it provides. The Customer is required to always update his personal information.
In the event of an error in the address details of the recipient, LE PETIT POUSSE can not be held responsible for the impossibility of delivering products.
By registering on the site www.lepetitpousse.fr, the Customer declares and guarantees to LE PETIT POUSSE that he is of age and has the legal capacity to contract.
LE PETIT POUSSE can delete the Customer's account at any time, for any reason, in its sole discretion.
4. The order
Any order implies full acceptance of these Terms and Conditions and will only be considered after acceptance of payment.
LE PETIT POUSSE undertakes to honor orders received within the limits of available stocks and, in the event of unavailability, to inform the Customer by any means at its convenience. The Customer may then cancel the order and be reimbursed for sums already paid.
LE PETIT POUSSE reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order.
5. The delivery
The geographical area of delivery of LE PETIT POUSSE is France and the bordering countries. Delivery can not be made to PO boxes.
LE PETIT POUSSE selects its logistic partners to propose a delay of 8 working days between the order and the reception subject to the limitations referred to hereafter
5.1. Shipping time
Orders placed online via the site www.lepetitpousse.fr are taken into account every day from Monday to Friday, except holiday. LE PETIT POUSSE does its best to process and ship within 48h any order placed before 11am, however the processing time and order preparation can be lengthened according to articles and last up to a week. No orders will be processed on Saturdays, Sundays and holidays.
The consideration will be made the next working day. In the case of an order that includes one or more unavailable products and one or more products available, LE PETIT POUSSE ships the order upon receipt of all products that constitute the order. If the Customer wishes to receive the products available immediately, it is advised to isolate these items in a specific order or to contact LE PETIT POUSSE via the contact form.
If it turns out that the maximum shipping time of 30 days can not be held, a new deadline will be communicated to the Customer, based on data known by LE PETIT POUSSE. In this case, a proposal to cancel an order, to have or refund will also be made to the Customer.
An email is automatically sent to the Customer at the time of shipment of the products provided that the email address indicated in the registration form does not contain an error. Upon receipt of the shipping confirmation email, the Customer can take into account the delays of the carriers announced below.
5.2. Delivery time
The company LE PETIT POUSSE choose the shipping mode of the goods. Unless specificity of the ordered good or exceptional case for which the maximum time will be indicated in the corresponding product sheet, the delivery time will not exceed thirty days, otherwise the customer may not follow up the sale and be refunded. deposit or the price paid within a new period of thirty days.
Orders will be sent by the carrier selected by LE PETIT POUSSE according to the following indicative deadlines:
- Delivery relay point within 48 hours after shipment
- Delivery to the customer: customer contacted within 48 hours after shipment to be informed of the delivery date In the case of a delay in delivery compared to the delays announced by the carriers, the Customer must contact the carrier or its distribution office.
LE PETIT POUSSE is not responsible for delivery delays attributable to carriers.
5.3. Shipping cost
The delivery costs are calculated according to the delivery area, the amount of the order and the delivery method chosen by the customer.
Details of delivery terms are provided in the "Delivery" section of the Website. Delivery charges are agreed in addition to the price and indicated in the order form according to the terms and conditions defined by LE PETIT POUSSE. The amount of the delivery costs is indicated to the customer before the validation of the order.
5.4. Reception by the customer
LE PETIT POUSSE reminds that the Customer must inspect the parcels delivered. Any parcel presenting anomalies in the delivery of it to the Customer must be subject to a written reservation at the time of withdrawal and be declared to LE PETIT POUSSE within 3 days after the date of delivery.
In the event that the Customer has not made these reservations / declarations, no claim relating to the condition of the parcel (s) could be accepted by LE PETIT POUSSE.
The indicated prices are indicated in euros and include all taxes, excluding shipping costs. Any change in the applicable VAT rate will automatically be reflected in the prices of the items as soon as they come into effect.
Concerning the deliveries in the European Union, the prices to the consumer customer are studied value-added tax (VAT) included with the French rate in force.
The company LE PETIT POUSSE reserves the right to modify the prices of products available in the catalog. The application of these new prices will only be able to intervene on orders placed following the updating of the catalog on the Website.
7. Payment term
The full payment must be made when ordering. At no time the sums paid can not be considered as a deposit or installments.
The Customer can pay by credit card. For his credit card transaction, the Customer will indicate the number on the front of his card, the expiry date of his card and the cryptogram on the back of his card (last 3 digits). The communication by the Customer of his credit card number is authorizing to debit his account for the amount of his order.
Purchases are made through the "Cyberplus Paiement" solution of BANQUE POPULAIRE AUVERGNE RHONE-ALPES which is responsible for securing payments.
LE PETIT POUSSE retains the property of the article until full payment of the price by the Customer.
CHOOZEO FREE CREDIT PAYMENT OPTION:
CHOOZEO is a free credit without any expenses refundable in 3 or 4 times proposed by NATIXIS FINANCEMENT public limited company with the capital of 73 801 950 € - Registered office: 30 avenue Pierre Mendès France 75013 - 439 869 587 RCS Paris.
The amount of the free credit varies between 135 € and 3000 €. CHOOZEO is reserved for individuals (natural persons) residing in France and holding a Visa or MasterCard with a validity date of more than 6 months from the date of purchase. Cards with systematic authorization including Electron, Maestro, Nickel etc ... as well as e-cards, Indigo and American Express cards are not accepted. After completing the order, the customer must click on the "payment button in 3 or 4 times CHOOZEO by credit card". He is then redirected to the NATIXIS FINANCEMENT CHOOZEO web page displaying the summary of his order and the request for free credit, which he must then validate. PETIT POUSSE limits itself to connecting its customers with NATIXIS FINANCEMENT by indicating on its website a non-contractual landing page. It is therefore not subject to the regulation on intermediaries in banking operations and payment services. In addition, if the customer requests to benefit from a financing solution proposed by NATIXIS FINANCEMENT, the information relating to his order and his identity (last name, first name, postal address) will be sent to him. NATIXIS FINANCEMENT will use this information for the purpose of studying its application for the granting, management and recovery of credit. NATIXIS FINANCEMENT reserves the right to accept or refuse its application for funding in 3 or 4 times without fees. The customer has a withdrawal period of 14 calendar days to give up his free credit.
8. Intellectual property
All texts, comments, photos, brands, illustrations and images reproduced on the site www.lepetitpousse.fr are protected by intellectual property worldwide. Any total or partial reproduction of the site www.lepetitpousse.fr is strictly prohibited.
In addition, the original products sold on the site www.lepetitpousse.fr are also protected by intellectual property rights. As a result, any infringement of these products is strictly prohibited.
The essential characteristics of the articles are presented on www.lepetitpousse.fr in each of the article page. The Customer is fully aware that the images, photos and colours of items sold may not correspond to the actual colours under the effect of the Internet browser and the screen used.
According to the French articles L121-20 and following of the Code of the consumption, the Customer, if it is not satisfied, has a right of retraction which it can exercise without motive, within a legal delay of 14 days as from the date of dispatch, which will be exercised by the return at its expense of new products and in their original packaging, accompanied by the order number, to the following address: 10 Allée Richard Wagner 69780 MIONS.
Items returned incomplete, damaged, used or soiled can not be returned if they are not in a condition to be re-marketed. The returned item will be refunded to the Customer within a maximum of 8 working days from receipt by LE PETIT POUSSE.
In the event of return of an article returned not in conformity with the article dispatched, LE PETIT POUSSE has the right to carry out a more thorough analysis of the returned article. In any case, the Customer will not be able to claim an increased refund related to this additional period.
The Customer will not be able to benefit from the guarantee satisfied or refunded nor of his legal right of retraction of 14 days in case of supply of article made according to the specifications of the Customer or clearly personalized. The items are returned to the risks and the responsibility of the Customer.
10. Risk transfer
The risk transfer to the Customer occurs as soon as the products are delivered by LE PETIT POUSSE to the carrier. The products travel at the risk of the Customer. It is the same in case of sending or returning products made by the Customer. During the withdrawal period mentioned in article 9, the Customer is responsible for the goods as guardian.
In case of deterioration or destruction of the product during the custody of the Customer, he will be fully responsible.
LE PETIT POUSSE is held defects of conformity of the product with the order and latent defects under the conditions envisaged in articles 1641 and 1649 of the French Civil Code. In accordance with the provisions of the ordinance n ° 2005-136 of February 17th, 2005, the articles of the Civil code mentioned above as well as the articles of the Code of the consumption relating to the guarantee of the goods of consumption are reproduced in the present General Conditions of Sale.
Reproduction of articles L211-4 L211-5 and L211-12 of the code of consumption:
Article L211-4 The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L211-5 To be in conformity with the contract, the goods must:
1º Be fit for the usual expected use of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that he 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, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L211-12 Action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Reproduction of articles 1641 and 1648 AL 1 of the civil code:
Article 1641 The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unfit for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or would have given a lower price, had he known them.
Article 1648 Action resulting from latent defects must be brought by the purchaser within a period of two years from the discovery of the defect.
12. Force Majeure
No Party may be held responsible for the total or partial non-performance of its obligations, if such non-performance is due to the fortuitous event or the occurrence of an element constituting force majeure as defined by the jurisprudence of the French Court of Cassation.
The parties agree that they shall consult each other as soon as possible in order to jointly determine the execution of the order during the period of force majeure. If the case of force majeure has a duration more than 1 month, LE PETIT POUSSE will not execute the order, with load for LE PETIT POUSSE to refund if necessary the Customer of the sums paid by him under the order concerned.
13. Computing and Freedom
During visits to the www.lepetitpousse.fr website, LE PETIT POUSSE may ask its Customers for information through questionnaires, forms, and in particular when creating a Customer account. The information collected by LE PETIT POUSSE during an order from the customer is necessary for the management of the transaction and, for this purpose, may be communicated in whole or in part to the providers of LE PETIT POUSSE involved in the execution of the the command. This information may also be used for commercial prospecting, marketing studies and statistics in order to provide the customers with the most adapted offers, quality monitoring of its services and commercial prospection.
LE PETIT POUSSE may send its commercial offers to Customers by email and / or SMS. The customer is informed that this same personal data may also be collected by an organization in charge of the analysis of orders and the fight against credit card fraud.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, known as "Informatique et Libertés", the customer has at any time a right of access, rectification, modification and deletion of personal data on concerning that it will be able to exert in writing with LE PETIT POUSSE and this, without prejudice of the right which it also has to oppose the aforementioned conditions with the use of his personal data for the purposes of commercial solicitations by LE PETIT POUSSE alone or in partnership with other companies.
By express agreement between LE PETIT POUSSE and the Customer, e-mails will be valid between the parties as well as the automatic registration systems used on the site lepetitpousse.fr, in particular as to the nature and date of the order.
Partial invalidity If one or more stipulations of the present General Conditions of Sale are considered as invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the others stipulations will retain all their strength and reach.
14.2. Non waiver
The fact that one of the parties has not demanded the application of any clause of the present General Terms and Conditions of Sale, whether permanently or temporarily, can not be considered as a waiver of that Party arising from that clause.
In case of difficulty of interpretation between any of the titles of the articles and chapters and any of the clauses, the titles are deemed non-existent.
15. Applicable law and competent jurisdiction
These General Conditions of Sale are subject to French law. In the event of a dispute, exclusive jurisdiction is assigned to the competent French courts, notwithstanding the plurality of defendants and / or the guarantee even for the emergency procedures or the provisional proceedings in summary or by motion.