General terms and conditions of sale
The website www.petitpicotin.com (hereinafter referred to as the ‘Site') is published by SASU PETIT PICOTIN, a single-person simplified joint stock company with a capital of 60,000 euros, registered with the Paris RSC (Trade and Companies Registry) under number 815 286 992, whose headquarters is located at 15 rue de Bretagne 442420 La Chapelle sur erdre FRANCE and represented by Mrs Astrid Geffroy.
The website www.petitpicotin.com is hosted by the company OVH SAS subsidiary of OVH Groupe SA which Head Office located 2, rue Kellermann, 59100 Roubaix– France
The online customer is referred to as the Customer.
Access to and use of the Site are reserved for adult natural persons, to the exclusion of any sale to professionals or for the purpose of resale to third parties. In all cases, access to or use of the Site by a Customer implies express and unreserved acceptance of these General Terms and Conditions of Sale and Use of the PETIT PICOTIN website (hereinafter the 'General Terms and Conditions of Sale and Use'). The Customer who orders Products via the Site, regardless of his/her address or place of connection, is deemed to be purchasing in France, and is therefore subject exclusively to French law. The Site provides customisable children's clothing and childcare products (hereinaf-ter the ‘Products') that are made in Portugal. Products can only be delivered in mainland France and in Europe.
These General Terms and Conditions of Sale and Use may be modified at any time, it being understood that each Order placed on the Site is governed by the General Terms and Conditions of Sale and Use in force on the date said Order is placed. The sale of Products on the Site is subject to these General Terms and Conditions of Sale and Use, to the exclusion of any other document. Any Order constitutes acceptance of these General Terms and Conditions of Sale and Use, the price, and the description of the Products covered by the Order.
1. Agreement to these general terms and conditions of sale and use
By connecting to the Site, the Customer who wishes to place an order for a Product acknowledges having read these General Terms and Conditions of Sale and Use and agrees to be bound by them (by ticking the box: 'I accept the General Terms and Conditions of Sale and Use, and I acknowledge that the validation of this Order commits me to pay the corresponding price') for the purchases of Products in this context by whatever means. The Products offered on the Site are described on their respective Product pages, some of which include a photo and indicate their name and specifications. The Customer acknowledges and accepts that the photographs may present variations in relation to the final Product received. As the Products are made according to the Customer's choice of fabrics, colours, and prints, the photographs and images shown on the Site are for information purposes only and are not contractual.
2. Access to the site
PETIT PICOTIN endeavours to offer permanent access to the Site, 24 hours a day, 7 days a week. However, access to the Site may be suspended at any time and without notice, in particular due to breakdowns, failures, or disruption of the network, the system, and/or the means of communication, as well as due to maintenance work and corrections necessary to the updating and proper functioning of the Site.
PETIT PICOTIN further reserves the right to make any changes, deletions and/or additions to the content of this Site at any time, without notice and at its own discretion. The Customer undertakes not to hinder access to the Site and/or the proper functioning of the Site in any way whatsoever that may damage, interrupt, or interfere with all or part of the Site. You are reminded that fraudulently accessing or remaining in a computer system, hindering, or distorting the operation of such a system, fraudulently introducing or modifying data in a computer system constitute offences that are punishable by law.
PETIT PICOTIN cannot be held liable for any direct or indirect damage due to an interruption, malfunction of any kind, suspension or cessation of the Site and/or services, for any reason whatsoever, or for any direct or indirect damage resulting in any way whatsoever from access to the Site and/or from services offered. The Customer of this Site acknowledges having the necessary skills and means to access and use it. The communication protocols used are those in use on the Internet. PETIT PICOTIN cannot be held responsible for elements beyond its control and for any damage that may be suffered by the Customer's technical environment and in particular, its computers, software, network equipment, and any other material used to access or use the Site.
Access to the Site is free of charge. The costs of access to and use of the telecommunications network shall be borne by the Customer, in accordance with the terms and conditions set out by their service provider and telecommunications operator.
3. Personal data - cookies - protection of minors - hypertext links
3.1. Processing of personal data
For the processing and dispatch Product orders (manufacturing, delivery, invoicing, etc.), the Customer must register on the Site and must provide true and genuine in-formation, and authorise the Site to collect, process, and use said personal data.
Failure to provide this information shall automatically result in failure to validate the Order. In accordance with law n°78-17 of January 6, 1978 relating to data processing, files, and freedoms, modified by law n° 2004-801 of August 6, 2004, the Customer has, at any time, the individual right to access, modify, rectify, and/or delete his/her personal data Should you wish to exercise this right, make your request by indicating your surname, first name, and e-mail address to PETIT PICOTIN by e-mail: [email protected] or by registered letter with acknowledgement of receipt: PETIT PICOTIN, 15 rue de Bretagen 44240 La Chapelle sur erdre. If the Customer does not wish to receive commercial information, he/she can also specify this by sending an email to the same address: [email protected], or by clicking on the link provided for this purpose, which is included in the footer of all emails sent by the Site.
The User acknowledges and accepts the possibility that PETIT PICOTIN may anonymously install one or more cookies with a view to constantly improving the Site, and in particular to facilitate the management of the Site and the identification of Customers. A function is accessible in the User's browser that enables him/her to object to the installation of these cookies. However, the Customer is informed that the execution of such a procedure could have a negative impact on the use of the Site, which may be disrupted or even rendered impossible.
3.3. Protection of minors
In accordance with article 1124 of the Civil Code, underage persons are not eligible to enter into a contract. Therefore, Orders intended for minors must be placed by a parent or legal guardian. In case of the accidental collection of personal data relating to a minor, the parental authority has the right to oppose storage by sending a message to [email protected].
3.4. Hypertext links
The Site contains hypertext links giving access to sites that are not published by PETIT PICOTIN. Consequently, the latter cannot be held responsible for the content of the third party sites that the User may access. The creation of hypertext links to the home page of the Site is authorised. Links made on specific pages of the Site (deep linking) are subject to prior authorisation from PETIT PICOTIN. The URL of the targeted page must be clearly indicated. The User must not make the Site appear to belong to them, distort the content of the Site, or refrain from clearly indicating that the Customer is directed to the Site. The User must not make the Site appear to belong to them, distort the content of the Site, or refrain from clearly indicating that the Customer is being redirected to the Site. No mirroring of the Site (i.e. an upload to another URL) is authorised.
4. Site subscription
4.1. Terms of subscription
Access to the ‘Order' function on the Site is reserved for previously registered Customers. The Customer must therefore register beforehand via the 'Create an account’ section by entering the following information;
- identity (first name, surname, and date of birth)
- telephone number
- delivery and billing addresses
- email address
During the registration procedure, the Customer expressly undertakes to provide accurate and complete information, and, subsequently, to update it. In the event that the Customer provides false, inaccurate, erroneous, out-of-date, or incomplete information, PETIT PICOTIN will be entitled to refuse access to all or part of the Site, as well as to suspend or terminate the Customer Account, without com-pensation or reimbursement.
4.2. Verification and security
When the conditions necessary for registration are met, and subject to PETIT PICOTIN's acceptance, the Customer can use his/her login details to access and manage his/her Customer Account and place Orders. These login details are strictly personal and confidential and will not be communicated or shared with third parties. Under no circumstances can PETIT PICOTIN be held responsible for the loss of the Customer’s login details. The Customer shall be solely responsible for the use of his/her login details by third parties or for any actions or statements made through the 'My Account' section, whether fraudulent or not. It guarantees PETIT PICOTIN against any related claim. Furthermore, PETIT PICOTIN does not have the means to ensure the identity of persons accessing its Site, and therefore cannot be held responsible for the misuse of a Customer's identity. If the Customer has reason to believe that someone else is using their login details or Customer Account, they must inform PETIT PICOTIN immediately.
5.1. Constitution of the Contract
The Site hosts a commercial proposal for the sale of Products, which may be modified at any time by PETIT PICOTIN. The Products and prices displayed are valid, within the limits of available stocks and supplies, for as long as they are visible on the Site.
The Site shall confirm the Order via e-mail to the address provided by the Customer when placing the Order. This confirmation shall be sent no later than 48 working hours after receipt of an Order.
5.2. Description of the process for placing and validating an Order
The Customer who wishes to place an order:
1/ chooses a model
2/ selects the desired colour (note: if one of the fabrics is out of stock, it cannot be se-lected by the Customer when placing the Order) ;
3/ opts (or not) for customisation
4/ selects customisation options (colours and text) + saves
5/ places the item in the basket or returns to the creation stage if they wish to modify the customisation
If the Customer does not have a Customer Account, they are invited to open a one in accordance with Article 4 of the General Terms and Conditions of Sale and Use. If the Customer already has a Customer Account, he/she must enter his/her login details to proceed with the Order. Once all these choices have been made, the Customer is redirected to the basket, which summarises the options of the Order, and may then decide to order other items of the same model by selecting the number of Products desired.
The Customer must then fill in all the required information (in particular; name, de-livery address, billing address, telephone, e-mail, etc.).
At this stage of the Order process, the Customer accesses a page on the Site detail-ing the contract offer, which shall include the following information: a summary of the Order (description of the options selected, size selected, total price of the Order, delivery costs, number of Products ordered, total to be paid), and the Customer's personal details and payment methods.
The Customer is invited to carefully review this form before validating the Order. The Customer may check the details and the total price of his/her Order and correct any errors before confirming it to express his/her acceptance. After having validated the contents of the basket and ticking the box labelled, 'I accept the General Terms of Sale and Use, and I acknowledge that in validating this Order I commit to paying the corresponding price', the Customer is invited to choose a method of payment and to validate his/her Order. This confirmation, together with all the data recorded by PETIT PICOTIN, shall constitute proof of the Transaction.
5.3 Suspension - Refusal
PETIT PICOTIN reserves the right to close or suspend a Customer's account, to sus-pend and/or refuse any Customer's order for any legitimate reason (in particular as a response to false or erroneous information, a fraudulent order, a payment problem, unauthorised use of a third party's means of payment, etc.).
PETIT PICOTIN also reserves the right to suspend and/or refuse any Order from a Customer with whom there is a dispute regarding the payment of a previous Order, regardless of the Order and/or payment method.
6. General obligations of the parties
6.1 Obligations of the Site
The Products are designed and developed by PETIT PICOTIN and manufactured in Portugal. Product availabilities are kept up to date in real time. However, despite all the measures taken, stock and/or supply shortages may arise. In this case, the Site informs the Customer and undertakes, at the Customer's discretion, to reimburse the amount paid or to offer an equivalent or superior Product in terms of quality and price. The Site reserves the right to refuse an Order, even if it has been automatically confirmed, if the recipient country is not mainland France or Corsica.
6.2. Obligations of the Customer
The Customer declares that he/she is at least 18 years old and has the legal capacity to place an Order. The Customer undertakes to indicate a valid address to which delivery can be made from Monday to Friday, from 8 a.m. to 5 p.m. The address must be easily accessible to the carrier. By validating the Order, the Customer thereby commits to paying it. Any Order placed by a Customer is strictly intended for their own personal use, or the personal use of the person in whose name the delivery is to be made, with no professional use permitted. As the purchaser of a personalised Product made at his or her request, the Customer is responsible for all information communicated to the Site, including text, size, contact details, delivery address, etc.
7. Order-specific provisions
7.1. Price, invoice
The total price indicated in the Site's Order confirmation form is the final price. The price is expressed in euros and with all taxes included. The value added tax is that in force in France at the time of the Order. Delivery is subject to a fee. The payment of the Products is made by credit card (Eurocard, Visa, MasterCard) or PayPal. For credit card payments, PETIT PICOTIN has chosen to use the PAYPLUG secure payment option. At the time of the Order, when the Customer is required to enter or communicate his/her card number and its expiry date, he/she will do so on the secure network of the PAYPLUG system. These numbers are never known to or kept by PETIT PICOTIN. After verification and agreement from his/her bank, the Customer is automatically returned to the Site to continue shopping securely. The Customer's bank account or PayPal account will be debited within 48 hours from the time of the Order, which will be considered effective after confirmation of the agreement of the bank or PayPal's online payment service. The debit from the Customer's card or PayPal account will be exclusively made in euros.
The Products can be delivered in almost all the countries depending on the address given by the Customer at the time of placing the Order. Unless otherwise stated on the Site, Preparation of Products are made within a maximum of 10 (ten) working days from confirmation of the Order, and exclusively for deliveries located in mainland France, Corsica, or Europe. This period is extended during the holiday periods of the Factories, of which the Customer is informed on the Site if necessary. The Site shall under no circumstances be held liable for a delay in delivery due to a problem with the carrier, the absence of the Customer at the time of delivery, or incorrect information given by the Customer.
7.3. Transfer of Ownership and Risks
The transfer of ownership and the transfer of risks take place as soon as the Cus-tomer comes into possession of the Products.
7.4. Cancellation & returns policy
In accordance with the provisions of article L 121-20 of the French Consumer Code, the Customer benefits from a cooling-off period of thirty (30) full days from receipt of the Products ordered. However, the eligibility for cancellation and/or returns as mentioned in the previous paragraph is, according to Article L 121-20-2 of the same Code, not applicable to services that have begun, with the consumer's consent, before the end of the period of thirty (30) full days. In addition, certain products or services mentioned in Article L.121-20-2 of the Consumer Code may not be eligible for cancellation and/or returns, including:
- Goods made to the consumer's specifications or that are clearly personalised;
- Goods that are likely to deteriorate or expire quickly
- Goods that have been opened by the consumer after delivery and that cannot be returned for reasons of hygiene or health & safety
- Newspapers, periodicals, or magazines.
The Customer must notify PETIT PICOTIN's customer service department in a clear and precise manner of his/her wish to cancel and/or return goods by sending a statement to the following address: [email protected]. The Customer is then required to return the corresponding Product to PETIT PICOTIN's Customer Services Department without undue delay, and at the latest within thirty (30) days following the communication of his/her decision. The costs of returning the Product(s) that are the subject of the withdrawal are en-tirely at the expense of the Customer. PETIT PICOTIN undertakes to reimburse all sums paid for the Product(s) subject to the withdrawal, including the standard delivery costs, within thirty (30) days from the date of receipt of the request, provided that the Products have been returned.
7.5. 7.5. Reservations upon Receipt of Products - Non-conformity - Commercial warrantee
7.5.1. Reservations upon Receipt of Products
In the event of a reservation, the Customer must (as far as possible) express these reservations in writing to the carrier upon delivery of the Products and send a copy of these reservations by e-mail to the following address: [email protected] as soon as possible, along with the carrier's confirmation of the truth of these reservations.
7.5.2. Non-conformity of Products
PETIT PICOTIN takes all necessary steps to deliver a Product that complies in all respects with the Customer's Order: model, fabric, prints, size, personalisation. In the event that the Product does not conform to the specifications given by the Customer at the time of ordering, as summarised in the order confirmation e-mail, the Customer may request the replacement of the Product. However, the Customer is warned that due to the technical constraints that may arise during the design of the Product, some minor modifications may be made dur-ing the design process. It is expressly agreed that these minor modifications, linked to technical constraints, do not affect the conformity of the Product, and so the Cus-tomer may not rely on them under Article 6.5.2. The Customer's request must be made within a maximum period of 5 (five) working days from receipt of the Order, and under no circumstances may the lack of con-formity result from the fact that the Product has been worn, damaged, or used by the Customer, or that the Customer has incorrectly specified their choices when placing the Order. Only Products in perfect condition for resale shall be taken back by PETIT PICOTIN. For this reason, PETIT PICOTIN will systematically refuse any Product that has been worn, used, washed, damaged, or is incomplete. In the event of an abnormal or unreasonable return, PETIT PICOTIN may refuse to honour a subsequent order. In the event of the return of a Product on the grounds of non-conformity, PETIT PICOTIN will send a shipping note for the reshipment of the Product, and the Customer will return the Products free of charge by affixing it to the reshipment parcel. If the error is not the fault of PETIT PICOTIN, the Customer does not benefit from the guarantee of conformity.
7.5.3. Customer satisfaction warrantee
In the best interests of the Customer, PETIT PICOTIN offers a satisfaction warrantee that applies to Products that are not eligible for cancellation or return. In the case that the Customer made a mistake at the time of placing the Order or is dissatisfied with the Product ordered (ineligible for cancellation or return), the Cus-tomer may ask PETIT PICOTIN to reimburse the Product by means of a credit note to be used on the Site within 40 (forty) working days. Before proceeding with any Product return, the Customer's request must be made by e-mail to [email protected] within a maximum period of 30 (thirty) full days from receipt of the Order. For Product refund requests, the Product identification costs are entirely the responsibility of the Customer, and, as such, will be deducted from the initial price of the refunded Product. For the return of a Product as part of the customer satisfaction warrantee, all the expenses incurred for the return of the Product are entirely the responsibility of the Customer (this includes, in particular, the postage of the Product to PETIT PICOTIN, as well as any new products sent by PETIT PICOTIN to the Customer paid for with the credit note of the refunded Product). Only Products in perfect condition for resale shall be taken back by PETIT PICOTIN. For this reason, PETIT PICOTIN will systematically refuse any Product that has been worn, used, washed, damaged, or is incomplete. Following a refund request from the Customer, an estimate will then be sent within a maximum of 5 (five) working days from receipt of the Customer's request, in which it will indicate the cost to the Customer of using this satisfaction warrantee, including the cost of reshipment and the cost of anonymising the refunded Product. The Customer shall then have a maximum period of 10 (ten) working days from receipt of the quotation to formally validate the quotation with PETIT PICOTIN. Failure to reply within the given time limit shall constitute a refusal of the quotation and a waiver of this commercial guarantee.
7.6. Liability limitation
Due to the technical constraints that may arise during the manufacturing of the Product, PETIT PICOTIN is only bound by an obligation of due care and attention. In all cases, the Parties expressly agree that in the event that PETIT PICOTIN's liabil-ity is called into question, whatever the nature or the basis of the action:
- Only direct damages resulting from the non-execution of contractual obligations may merit compensation. Consequently, all indirect damages, and in particular any moral or commercial prejudice, loss of profit, turnover, order or clientele, suffered by the Customer and/or third parties shall not merit a right to compensation.
- The sum of the repair likely to be at the charge of PETIT PICOTIN is expressly limited to the sums received by PETIT PICOTIN in relation to the Product in question. In all cases, PETIT PICOTIN cannot be held liable if the non-execution or poor execution of its contractual obligations is attributable either to the Customer, a third party, or to a case of force majeure.
7.7. Customer Services
PETIT PICOTIN offers various means of information and assistance for the Custom-er on the Site. For any information or additional questions, the Customer Services department is available to any Customer preferably by email: [email protected], or by phone on (+33) 06 18 39 51 41 from Monday to Friday and from 9 a.m. to 6 p.m.
8. Intellectual Property
The entire Site (structure, presentation, and content) constitutes a work protected by current French and international legislation on copyright and, in general, on intel-lectual property. PETIT PICOTIN is the owner or beneficiary of the licence rights of all the elements that make up the Site, in particular the texts, data, databases, drawings, models, graphics, photos, animations, and sounds, including downloadable documents. All rights, including, in particular, exploitation rights, rights of reproduction and extraction on any medium, of all or part of the data, files and all elements appearing on the pages of the Site, as well as rights of representation and reproduction on any medium, of all or part of the Site itself, the rights of modification, adaptation, or translation are reserved exclusively to PETIT PICOTIN, and to its possible assignees, subject to the pre-existing rights of third parties having authorised the digital reproduction and/or the integration of the Site, by PETIT PICOTIN, of their intellectual property in any form whatsoever. Any reproduction, representation, broadcasting or re-broadcasting, in whole or in part, of the content of the Site by any process whatsoever without the express and prior authorisation of PETIT PICOTIN is prohibited, and would constitute an infringement punishable by articles L.335-2 and following of the Intellectual Property Code. The reproduction of the texts and web pages of the Site on paper remains authorised, subject to the respect of the following cumulative conditions: free publication, respect for the integrity and the finality of the reproduced documents (no modifications, or alterations), respect for the purpose of the Site in the use of this information and elements, clear and readable quotation of the source with reference to the name of the Site, its internet address, and the rights of PETIT PICOTIN. The trademarks, as well as the corporate names and logos appearing on the Site are protected. Any total or partial reproduction of these brands or logos without the ex-press authorisation of PETIT PICOTIN or its assignees is therefore prohibited, within the terms of article L 713-2 of the Intellectual Property Code. The Customer is also prohibited from unlocking software or database protection codes or from decrypting access keys, when such software or databases are equipped with an access or protection system relating to their purpose.
PETIT PICOTIN may use as evidence any act, programme, data, file, recording, operation, or other element (such as monitoring reports or other statements) of a nature or in a digital or electronic format or medium, established, received or kept directly or indirectly by PETIT PICOTIN or by its technical service providers, for example in any database. In this respect, the recordings kept by PETIT PICOTIN's computer system or that of its technical service providers, are expressly accepted as proof of the communications between the Parties, of the use of the Site, and of the payments made between the Parties, and are deemed valid in the event of a dispute. Invoices are archived on a reliable and durable medium in such a way as to correspond to a true and permanent copy.
10.2 Governing law
These General Terms and Conditions of Sale and Use are governed exclusively by French law, to the exclusion of any other right or agreement, regardless of the place of use. The same applies to rules of substantive matters and procedure.
10.3 Attribution of jurisdiction
In the event of a dispute, the Parties shall endeavour to reach an amicable resolution. If no amicable settlement is reached within two (2) months, PETIT PICOTIN and the Customer shall refer the matter to the competent courts of Paris, to which they expressly attribute jurisdiction, including in the event of multiple parties, a warrantee claim, or interlocutory application, even for summary proceedings or on request.