Our general terms and conditions of sale
The site https://www.petitpicotin.com/en/ (hereinafter referred to as the "Site") is published by PETIT PICOTIN (hereinafter referred to as PETIT PICOTIN), a company with a simplified share capital of EUR 60 000, registered in R.C.S. of Nantes under number 815 286 992, whose head office is located 15 rue de Bretagne, 44240 LA CHAPELLE SUR ERDRE and represented by Ms Astrid GEFFROY in her capacity as President.
The website https://www.petitpicotin.com/en/ is hosted by the company 772424.com - Accommodation 100% e-commerce Prestashop, SAS 772424, chemin Petit Cabri 13100 Le Tholonet - Tel: 01 42 92 05 40 (business contact accommodation only)
The Internet customer is called the Customer.
Access and use of the Site are restricted to natural persons, who are adults, excluding any sale to professionals or for resale to third parties. In all cases, access to or use of the Site by a Customer is subject to compliance with the Terms and Conditions of Use and these Terms and Conditions of Sale of the PETIT PICOTIN Website (hereinafter referred to as the "General Terms and Conditions of Sale").
The Site offers for sale children's clothes and accessories and customizable childcare items (hereinafter the "Products") made in Portugal and customized in France.
These Terms and Conditions of Sale may be amended at any time, provided that each Order on the Site is governed by the Terms and Conditions of Sale and the Terms and Conditions of Use in effect on the date of the Order. The sale of the Products on the Site is subject to these Terms and Conditions of Sale and Use, excluding any other document. Any Order is valid for acceptance of these Terms and Conditions of Sale, price and description of the Products subject to the Order.
1. Acceptance of these Terms and Conditions of Sale
By logging on to the Site, the Customer who wishes to place an order for a Product acknowledges that he has read these General Terms and Conditions and agrees to be bound to them without reservation (by checking the box: "I accept the General Terms and Conditions of Sale and I acknowledge that the validation of this Order commits to paying the price") for the purchases of Products which he will carry out in this context by any means. The Products offered on the Site are described in Product Sheets including for some a photo and indicating their name and characteristic. The Customer acknowledges and accepts that the photographs may show variations with the Product that will be delivered to him. Since the Products are made according to the customer's choice of fabrics, colours and markings, the photographs and images illustrating the Site are only indicative and are not contractual.
2. Access to site
PETIT PICOTIN strives to provide permanent access to the Site, i.e. 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 paralysis of the network, system and/or means of communication, as well as due to maintenance and corrections made necessary by the updating and proper functioning of the Site.
PETIT PICOTIN also reserves the right to make, at any time, any changes, deletions and/or additions to the content of this Site, without prior notice and in a discretionary manner. The Customer undertakes not to impede access to the Site and/or the proper functioning of the Site in any way, liable to damage, intercept, interfere with all or part of the Site. It is recalled that fraudulent access to or retention in a computer system, obstructing or distorting the operation of such a system, or fraudulently introducing or modifying data in a computer system constitute criminal offences.
PETIT PICOTIN shall not be liable for any direct or indirect damage caused by any interruption, malfunction, suspension or termination of the Site and/or services, for any reason whatsoever, or any direct or indirect damage resulting in any way from access to the Site and/or services. The Customer of this Site acknowledges that he has the necessary competence and means to access and use this Site. The communication protocols used are those used on the Internet. PETIT PICOTIN shall not be held liable for any elements outside its control and any damage that may be caused by the technical environment of the Customer, including its computers, software, network equipment and any other material used to access or use the Site.
Access to the Site is free. The cost of access and use of the telecommunications network shall be borne by the Customer, in accordance with the procedures laid down by its access providers and telecommunications operators.
3. Personal data - cookies – protection of minors - hyperlinks
3.1. Processing of personal data
In order to process and deliver Product orders (manufacturing, delivery, invoicing, etc.), the Customer must register on the Site and must provide sincere and truthful information and authorizes the Site to collect, process and use the personal data thus communicated.
PETIT PICOTIN, as Processing Officer, undertakes to comply with the provisions of Regulation (EU) No 2016/679 of 27 April 2016 on the protection of personal data (GDPR) and amended Law No 78-17 of 6 January 1978.
For more information, please refer to the Privacy Policy available here.
3.2. Cookies
The User acknowledges and accepts the possibility that PETIT PICOTIN may anonymously place one or more cookies in order to continuously improve the Site, in particular to facilitate the management of the Site and the recognition of Customers. A procedure is available in the User's browser to allow it to oppose the setting of these cookies.
For more information, please refer to the COOKIES section of the Privacy Policy available here .
3.3. Protection of minors
Under article 1146 of the Civil Code, minors who are not emancipated are unable to contract. Consequently, orders for minors must be passed through parental authority. In the event of accidental collection of personal data relating to a minor, parental authority may object to their retention by sending a message to contact@petitpicotin.com.
3.4. Hypertext links
The Site contains hyperlinks allowing access to sites that are not edited by PETIT PICOTIN. Consequently, the user cannot be held responsible for the content of the sites to which the User would thus have access. The creation of hyperlinks to the homepage of the Site is permitted. The links made on specific pages of the Site (deep links) are subject to prior authorization from PETIT PICOTIN. The URL of the targeted page must be clearly indicated. The user site must not make the Site appear as its own, distort the content of the Site, refrain from clearly indicating that the Customer is directed to the Site. The pages of the Site must not be embedded within the pages of another site, but may be displayed in a new window. No "mirroring" of the Site, i.e. a posting to another URL, is permitted.
4. Site registration
4.1. Registration procedure
Access to the "Order" function on the Site is reserved for Customers previously registered. The Customer must therefore first register by entering under the heading "Create an account" :
- its identity (first name, name and date of birth)
- his phone number
- its delivery and billing addresses
- its e-mail address
- his password
During the registration process, 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, outdated 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 compensation or reimbursement.
For any registration of a professional customer who wishes to sell the brand Petit Picotin in-store, you must send an email to sales@petitpicotin.com so that Petit Picotin can create a dedicated access.
4.2. Authentication and security
When the requirements for registration are met, and subject to the acceptance of PETIT PICOTIN, the Customer may, through his identifiers, access and manage his Client account and place Orders. These identifiers are strictly personal and confidential and should not be communicated or shared with third parties. In no case shall PETIT PICOTIN be liable for the loss of its identifiers by the Customer. The Customer will be solely responsible for the use of his identifiers by third parties or actions or declarations made through the heading "My Account", whether fraudulent or not. He guarantees PETIT PICOTIN against any request as such. Furthermore, PETIT PICOTIN does not have the means to ascertain the identity of persons accessing its Site, and therefore cannot be responsible for the usurpation of the identity of a Customer. If the Customer has reason to believe that a person is using his or her login IDs or Customer account, he or she must immediately inform PETIT PICOTIN.
5. Order
5.1. Contract formation
The Site contains a commercial proposal for the sale of Products, which may be modified at any time at the initiative of PETIT PICOTIN. The offers of Products and prices are valid, subject to the availability of stocks and supplies, as long as they are visible on the Site.
The Site confirms the acceptance of the Order to the Customer by email to the email address provided by the Customer at the time of his Order. This confirmation will take place no later than 48 hours after receipt of a Order.
5.2. Description of the procurement and validation process of the Order
The Customer who wishes to place an order click:
1/ Choice of model
2/ Choice of colour (note: in case of stock failure of any of the fabrics offered, it cannot be selected by the Customer when placing the Order) ;
3/ Choice of customization or not
4/ Choice of customization elements (personalization colors and text)
5/ Packing or returning to the creation stage in case the customer wishes to change the customisation of the product
If the Customer does not have a Customer account, he is invited to open a Customer account in accordance with Article 4 of these Terms and Conditions of Sale. If the Customer is already the holder of a Customer account, he must enter his identifiers to continue the Order. Once all of these choices have been made, the Customer is redirected to the shopping basket summary of his Order options, and has the possibility to order other items of the same model by selecting the number of Products desired.
The Customer must then provide all the information required for his reservation (including name, first name, delivery address, billing address, telephone, e-mail, etc.).
At this stage of the Order, the Customer will access a page of the Website detailing the contract offer which will include the following information: a summary of the Order (description of selected options, selected size, total price of the Order, shipping costs, number of Products ordered, total to be paid) the Customer's personal details, payment methods.
The Customer is invited to carefully reread the form before confirming the Order.The Customer has the opportunity to check the details of the Order and its total price, and to correct any errors, before confirming it to express their acceptance.After having validated the contents of their basket and checked the box "I accept the General Conditions of Sale and I acknowledge that the validation of this Order commits me to pay the price", the Customer is invited to choose a payment method and to confirm their Order.This confirmation, as well as all the data that PETIT PICOTIN has recorded, will constitute proof of the Transaction.
5.3. Changes in customizations
For any order that includes personalized products, changes can be made until 9 a.m. the day after the order is placed.After this time, customizations cannot be modified.To make a change, please contact our customer service via the email address or phone number listed on our website.
5.4 Suspension- Refusal
PETIT PICOTIN reserves the right to close or suspend a Customer's account, suspend and/or refuse any order from a Customer for any legitimate reason (including false or erroneous information, fraudulent order, payment incident, unauthorized use of third party 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 concerning the payment of an earlier Order, regardless of the method of order and/or payment.
5.5 Loyalty Points
PETIT PICOTIN offers a loyalty points system to reward the loyalty of its customers. These points are valid for 1 year after being generated, if necessary they will be lost.
The loyalty points system is not available for a professional customer who sells the brand Petit Picotin.
6. General obligations of the parties
6.1 Obligations of the Site
Product inventories are maintained in real time. However, despite the precautions taken, stock and/or supply failures are possible. In this case, the Site informs the Customer and undertakes, at the choice of the Customer, to refund the amount paid or to offer him a Product equivalent or superior in quality and price. The Site reserves the right to refuse an Order if there are difficulties in delivery in the receiving country.
6.2. Obligations of the Customer
The Customer declares to be at least 18 years of age and to have the legal capacity to issue 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. and to which the delivery company can attach a valid telephone number for delivery instructions. The address should be easily accessible to the carrier. By validating its Order, the Customer undertakes to pay for it. Any order placed by a Customer is strictly intended for its personal use, or the personal use of the person on whose behalf the delivery is to be made, unrelated to any professional use. As the originator of a custom product made upon request, the Customer is responsible for all the 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 Order confirmation is the final price. The price is expressed in euros and all taxes included. Value added tax is that in force in France at the time of the Order. Delivery costs are charged. The products are settled by credit card (Eurocard, Visa, Carte Bleue, Mastercard) or Paypal (By bank transfer for professional customers who sell the brand Petit Picotin). For payments by credit card PETIT PICOTIN has selected the Secure Payment Solution PAYLPLUG At the time of the Order, when the Customer has to enter or communicate his card number and date of validity, he will be on the secure network of the PAYPLUG system. These numbers are never known or stored by PETIT PICOTIN. After verification and agreement of the banking centre, the Customer automatically returns to the Site to continue its purchases safely. The Customer's bank account or Paypal account will be debited within 48 hours of the date of the Order which will be considered effective after confirmation of the agreement of the bank centre or Paypal online payment service. Debit on the Customer's credit card or Paypal account will be made in euros only.
7.2. Delivery
The Products can be delivered in most countries of the world, at the address provided by the Customer when placing the Order. Unless otherwise stated on the Site, deliveries of the Products shall be made within a maximum period of 20 (twenty) working days from the confirmation of the Order, and exclusively for deliveries located in Metropolitan France, Corsica or Europe. This period shall be extended during the periods of leave of the Workshops of garment which the Customer is informed on the Site if necessary. The Site will in no way be responsible for a delay in delivery due to a failure of the carrier, the Customer's absence from delivery of his Order or bad information from the Customer. Any complaint of non-receipt of the package to the customer service must be made within 20 days following the declaration of delivery.
Shipping costs include preparation and packaging costs and shipping costs. Preparation and delivery costs are fixed for France, Europe and Corsica but vary according to the weight/volume for countries outside Europe. We recommend that you combine all your items into one order. We cannot combine two separate orders and shipping charges apply to each of them.
Here are the delivery prices for private customers. These prices vary for professional customers who sell the Petit Picotin brand in-store.
Box sizes are appropriate and your items are properly protected.
Packages are shipped within 2-3 working days of receipt of payment.
DELIVERY IN RELAIS - 3 TO 4 DAYS
You can choose your nearest collection point when you confirm your order.
Your package will be held for 7 to 8 days at collection points or post offices, and 3 days at pick-up stations.After this time, packages will not be held at collection points and will be returned (and billed) to Petit Picotin.The customer will then be asked to repay the shipping costs if the package is returned due to non-timely collection at the collection point or locker.
HOME DELIVERY against signature - 2 TO 3 WORKING DAYS
They are shipped via GLS with a tracking number and given with signature.
DELIVERY OUTSIDE EUROPE - 10 to 30 WORKING DAYS DEPENDING ON THE DESTINATION COUNTRY
TAXES AND CUSTOMS DUTIES
It is recalled that the prices displayed on the Site are shown in Euros All Taxes Included, excluding shipping costs.
For Customers residing outside the territory of the European Union and in the French overseas departments and territories, it is specified that the prices displayed on the Site will be invoiced after deduction of VAT.
These prices must be understood as "remitting unpaid duties", since PETIT PICOTIN is unable to provide the Customer with accurate information on the total amount of the fees for customs duties and formalities, import taxes applicable in the country where delivery is requested.
The payment of these costs which may be necessary for the importation of the Products ordered into the delivery territory is the sole responsibility of the Customers, which they accept without reservation.
It is expressly stated that under no circumstances may PETIT PICOTIN be liable for the reimbursement of the costs, taxes and customs duties paid by Customers on the occasion of their Order.
For all useful purposes, this information relating to the payment of additional costs in the event of delivery outside the territory of the European Union will be specified on the Site to any Customer indicating a delivery address outside the territory of the European Union.
7.3. Transfer of Ownership and Risks
PETIT PICOTIN retains full ownership of the Products sold until the full payment of the selling price is made.
These provisions shall not prevent the transfer to the Customer, upon delivery of the Products, of the risk of loss and deterioration of this Product(s) sold and the damage which it(s) may cause
7.4. Right of withdrawal
In accordance with the provisions of Article L 221-18 of the Consumer Code, the Customer has a right of withdrawal of fourteen (14) days from receipt of the Products that were the subject of the Order.However, this right of withdrawal does not apply to products that have been personalized at the request of the Customer and this in accordance with Article L221-28 of the Consumer Code which provides in particular that the right of withdrawal is not applicable for:
- Goods manufactured according to consumer specifications or clearly customized ;
- Property that is likely to deteriorate or perish rapidly ;
- Goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
The Customer must clearly and precisely notify PETIT PICOTIN's Customer Service of their wish to withdraw by sending them the withdrawal form or by any other unambiguous declaration expressing their wish to withdraw to the following address: contact@petitpicotin.com. The Customer is then obliged to return to the Customer Service of PETIT PICOTIN the Product subject to withdrawal without undue delay, and at the latest, within fourteen (14) days of the communication of its decision to withdraw.
The returned product(s) must be intact, unwashed, and unworn, with the original label and packaging
The costs of returning the Product(s) subject to the withdrawal shall be borne entirely by the Customer unless the product is defective or non-compliant.
In the latter case, the costs of returning the Product will be borne by PETIT PICOTIN with the exception of additional costs incurred by the Customer in the event that the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by PETIT PICOTIN.
The risks associated with the return of the Product are the exclusive responsibility of the Customer.
The Customer is therefore advised to avoid proof of this return, which includes the requirement that the Product be returned by registered shipment with acknowledgement of receipt.
If the Product is not in perfect condition of resale, the return will be refused and no refund will be made and the costs of returning the package will also be charged to the Customer.
PETIT PICOTIN undertakes to reimburse to the Customer all amounts paid for the Product(s) subject to withdrawal, including standard delivery costs, within fourteen (14) days from the date of receipt of the Product in perfect condition.
7.5. Reservations at Receipt of Products – Legal Guarantees - Commercial Guarantee
7.5.1. Reservations upon receipt of the Products
In the event of reservations, the Customer must, as far as possible, issue these reservations upon delivery of the Products, in writing to the carrier and send a copy of these reservations by email to the following address contact@petitpicotin.com as soon as possible and with this consignment provide confirmation by the carrier of the reality of these reservations.
7.5.2 Legal guarantees
PETIT PICOTIN is subject to the conditions of legal guarantees provided for in articles L.217-4 to L.217-14 of the Consumer Code and articles 1641 and 1648 of the Civil Code.
The provisions of these Articles shall be without prejudice to the right of withdrawal provided for in Article 7.4 of these Rules.
Legal guarantee of conformity
The Customer may rely on the legal guarantee of conformity of the Products offered for sale on the Site, in accordance with articles L.217-4 to L.217-14 of the Consumer Code.
Reminder of the provisions of the Consumer Code
Article L217-4
The seller delivers goods in accordance with the contract and responds to any defects in conformity existing at the time of issue.
It shall also respond to non-conformity resulting from the packaging, assembly instructions or installation where the packaging has been placed at its charge by the contract or has been carried out under its responsibility.
Article L217-5
The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities which he has presented to the buyer in the form of a sample or model ;
- if it presents the qualities which a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling ;
2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, made known to the seller and accepted by the seller.
Article L217-6
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.
Article L217-7
Failure to comply within 24 months of the issue of the property shall be presumed to exist at the time of issue, unless otherwise proved.
For second-hand goods, this period is set at six months.
The seller may counter this presumption if it is not compatible with the nature of the property or the alleged lack of conformity.
Article L217-8
The buyer has the right to demand compliance with the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials it has supplied.
Article L217-9
In case of non-conformity, the buyer chooses between repair and replacement of the property.
However, the seller may not proceed according to the buyer's choice if the choice results in a cost clearly disproportionate to the other method, taking into account the value of the property or the extent of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer.
Article L217-10
If repair and replacement of the property is not possible, the buyer may return the property and have the price returned or the property retained and a portion of the price returned.
The same faculty is open to him:
1° If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's claim ;
2° Or if this solution cannot be without major inconvenience for it given the nature of the good and the use it seeks.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L217-11
The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.
These same provisions do not prevent the allocation of damages.
Article L217-12
The action resulting from non-conformity is prescribed by two years from the date of issue of the property.
Article L217-13
The provisions of this section shall not deprive the purchaser of the right to pursue the action resulting from the repudiatory defects resulting from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or non-contractual nature recognized to him by law.
Article L217-14
Recurse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, in accordance with the principles of the Civil Code.
Legal guarantee of hidden defects
Reminder of the provisions of the Civil Code
Article 1641
The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for use to which it is intended, or which reduce such use as the buyer would not have acquired, or would have given only a lesser price, had he known them.
Article 1642
The seller is not liable for apparent defects, which the buyer was able to convince himself.
Article 1643
He is bound by hidden vices, even if he would not have known them, unless, in this case, he has stipulated that he will not be obliged to guarantee.
Article 1644
In the case of Articles 1641 and 1643, the buyer has the choice to return the thing and to have the price returned, or to keep the thing and get a part of the price returned, as it will be arbitrated by experts.
Article 1645
If the seller knew the defects of the thing, he was liable, in addition to the return of the price he had received, for all damages to the buyer.
Article 1646
If the seller was unaware of the defects, he would only be required to return the price, and to reimburse the buyer for the costs of the sale.
Article 1648
The action resulting from the defects shall be brought by the purchaser within two years of the discovery of the defect".
Common provisions on legal guarantees
PETIT PICOTIN implements all the provisions necessary to deliver a Product conforming in all respects to the Customer's Order: model, fabric, marking, size, customization. In case of non-compliance of the Product with the specifications provided by the Customer when ordering, as summarized in the order confirmation email, the Customer may request the replacement of the Product. However, the Customer is advised that due to the technical constraints that may arise during the design of the Product, some non-substantial modifications may be made during the design. It is expressly agreed that these non-substantial modifications, linked to technical constraints, do not affect the conformity of the Product, so that the Customer cannot rely on them under this Article.
The lack of conformity shall in no case result from the fact that the Product has been worn, damaged or worn out by it, or that the Customer misinformed these choices at the time of the Order. Only Products in perfect condition of resale are taken over by PETIT PICOTIN. As such, PETIT PICOTIN will systematically refuse any Product, including worn, used, washed, deteriorated or incomplete. In case of abnormal or abusive return, PETIT PICOTIN may refuse to honour a subsequent order.
Products to which the Customer has made modifications are excluded from the warranty.
The warranty also does not apply to products affected by an apparent defect.
In the event of a Product being returned due to non-conformity, PETIT PICOTIN will send a transport slip for the reshipment of the Product and the Customer will return their Products free of charge by affixing the transport slip to the reshipment package.In the event that the error is not the fault of PETIT PICOTIN, the Customer does not benefit from the guarantee of conformity.
The risks associated with the return of the Products will be the exclusive responsibility of the Customer.
Terms of implementation of legal guarantees
It is recalled that within the framework of the legal guarantee of conformity,
- the Customer shall have two years from the date of issue of the non-compliant Product to act vis-à-vis PETIT PICOTIN ;
- the Customer may choose between repair or replacement of the Product, subject to the cost conditions laid down in article L. 217-9 of the Consumer Code ;
- the Customer is exempted from reporting proof of the non-conformity of the Product during the twenty-four (24) months following the issue of the Product.
The legal guarantee of conformity shall apply independently of the commercial guarantee which may possibly cover the Product.
the Customer may also avail himself of the legal guarantee of hidden defects provided for in articles 1641 to 1648 of the Civil Code.
In this hypothesis,
- the Customer has two years from the discovery of the defect affecting the Product;
- the Customer must provide proof that the defect existed before the sale
- the Customer may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code if the Customer decides to keep the Product
7.6. Limitation of liability
Due to the technical constraints which may arise in the manufacture of the Product, PETIT PICOTIN is bound only by an obligation of means and does not provide any guarantee, express or implied, including any guarantee of quality and suitability for a particular use of the Products sold. In any event, the Parties expressly agree that, in the event of the liability of PETIT PICOTIN, whatever the nature or the basis of the action:
- Only direct damages resulting from the failure to fulfil its contractual obligations may be compensable. As a result, any indirect damage, including any moral or commercial damage, loss of profit, turnover, order or customer, suffered by the Customer and/or third parties cannot be compensable.
- The amount of the repair liable to be paid to PETIT PICOTIN is expressly limited to the amounts collected by PETIT PICOTIN in respect of the Product in question. In all cases, the liability of PETIT PICOTIN cannot be incurred if the failure to perform or the failure to perform its contractual obligations is attributable either to the Customer, to the act of a third party or to a case of force majeure.
7.7. Customer Service
PETIT PICOTIN offers different means of information and assistance to the Customer on the Site. For any additional information or questions, the Customer Service is at the disposal of any Customer in priority by email: contact@petitpicotin.com, or by telephone at 02 55 59 59 56 from monday to friday and from 9am to 6pm.
8. Intellectual property
The Site as a whole (structure, presentation and content) constitutes a work protected by the French and international laws in force on copyright and, in general, on intellectual property. PETIT PICOTIN is the owner or licensee of all elements of the Site, including texts, data, databases, designs, graphics, photos, animations, sounds, including downloadable documents. All rights, including, in particular, rights of exploitation, rights of reproduction and extraction on any medium, of all or part of the data, files and any elements contained in the pages of the Site, as well as rights of representation and reproduction on any medium, of all or part of the Site itself, rights of modification, adaptation or translation, shall be reserved exclusively for PETIT PICOTIN, and its prospective successors, subject to the pre-existing rights of third parties who have authorized digital reproduction and/or integration of the Site, by PETIT PICOTIN of their works of any kind. Any reproduction, representation, dissemination or reproduction, in whole or in part, of the content of the Site by any process without the express and prior authorization of PETIT PICOTIN is prohibited, and would constitute an infringement sanctioned by articles L.335-2 et seq. of the Intellectual Property Code. The marks, social names and logos on the Site are protected. Any total or partial reproduction of such marks or logos without the express authorization of PETIT PICOTIN or its successors is therefore prohibited, within the meaning of article L 713-2 et seq. of the Intellectual Property Code. The Customer shall also prevent any unlocking of software protection codes or databases or decryption of access keys, where such software or databases are equipped with an access or protection system relating to their object.
9. Disputes
9.1 Evidence
PETIT PICOTIN may be used as proof of any act, programme, data, file, recording, operation and other elements (such as follow-up reports or other states) of a computer or electronic format or medium, established, received or stored directly or indirectly by PETIT PICOTIN or its technical providers, for example in any database. As such, recordings, maintained by the PETIT PICOTIN computer system or its technical providers, are expressly accepted as evidence of communication between the Parties, use of the Site and payments made between the Parties, and are authentic in the event of a dispute. Invoice archiving is carried out on a reliable and durable medium in order to correspond to a faithful and durable copy.
9.2 Mediation
9.2.1 Prior claim
In the event of a dispute, the Customer must first contact PETIT PICOTIN:
-By telephone (Monday to Friday from 9:00 a.m. to 6:00 p.m.): 02 55 59 59 56
-By mail: 15 rue de Bretagne, 44240 LA CHAPELLE SUR ERDRE
-By email: contact@petitpicotin.com
9.2.2 Request for mediation
The Customer may use a mediator for any dissatisfaction after having previously addressed a written complaint to PETIT PICOTIN.
In the event of a failure of the request for a complaint from the customer service or in the absence of a response from the customer service within two (2) months, the Customer may submit the dispute relating to these GTC against PETIT PICOTIN to a mediator of the company CM2C who will attempt, independently and impartially, to bring the parties closer together in order to reach an amicable solution.
To submit its request for mediation, the Client has a complaint form available on the Ombudsman's website, to which PETIT PICOTIN has acceded https://cm2c.net/.
The Parties shall remain free to accept or refuse the use of mediation and, in the case of recourse to mediation, to accept or refuse the solution proposed by the mediator.
For more information, the Customer can also visit the Commission d'évaluation et de contrôle de la médiation de la consommation.
At European level, the European Commission makes available to the Customer an online dispute resolution platform, accessible at the address url: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR.
9.3 Applicable law and competent jurisdictions
Unless otherwise required by law:
- These General Conditions of Sale are governed by French law.
- In the event of a dispute relating to the performance, interpretation or validity of these General Conditions of Sale, the Parties shall endeavour to reach an amicable settlement. If no amicable settlement is reached within two (2) months, PETIT PICOTIN and the Customer will rely on the competent courts of Paris, to which they expressly confer jurisdiction, including in cases of multiple parties, appeal for security or cross-appeal, even in proceedings for interim relief or on application.
10. Special cases of partner shops selling the brand Petit Picotin
The general terms and conditions of sales of private customers are included for professional customers unless clearly explained.
These conditions are supplemented by the following specific conditions:
- The Petit Picotin brand prohibits the customization of its products by partner shops. The personalization of the products Petit Picotin is carried out only by Petit Picotin.
- It is forbidden to buy the keyword "Petit Picotin" on google adwords as well as on all channels where it is possible to do so.