general terms and conditions of sale

The online customer is referred to as the customer.

Access to and use of the website is reserved for private individuals of legal age, 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 website by a customer is subject to compliance with the General Terms of Use as well as these General Terms and Conditions of Sale.

The Petit Picotin website sells children's clothing and accessories and customizable childcare items (hereinafter referred to as "products"). The majority are manufactured in Portugal and personalized in France.

The General Terms and Conditions of Sale may be modified at any time, but each order is subject to those in force at the time of purchase. Any order implies acceptance of the general terms and conditions, the price, and the product descriptions, to the exclusion of any other document.

By logging on to the website and placing an order, the customer unconditionally accepts these Terms and Conditions of Sale and the product prices. The photos on the website are for illustrative purposes only and may show slight variations. Indeed, as products are made according to the customer's choice of fabric, color, and personalization, the photographs and images on the website are purely indicative and are not contractually binding.

Petit Picotin strives to ensure permanent access to the website 24/7.

However, the website may be interrupted due to breakdowns, technical reasons, or maintenance and corrections made necessary by updates and the proper functioning of the website.

Petit Picotin also reserves the right to make, at any time, any modifications, deletions and/or additions to the content of this website, without notice and at its own discretion. The customer agrees not to hinder access to the website and/or the proper functioning of the website in any way that could damage, intercept, or interfere with all or part of the website.

Access to the website is free of charge. Access and usage costs for the telecommunications network are the responsibility of the customer, according to the terms set by their internet service providers and telecommunications operators.

- Data processing

The information collected is used to process orders. The customer must register on the website and provide accurate information. It is retained for 5 years and processed in accordance with the GDPR.

Petit Picotin, as the Data Controller, commits to complying with the provisions of Regulation (EU) No. 2016/679 of 27 April 2016 on the protection of personal data (GDPR) and Law No. 78-17 of 6 January 1978, as amended. For more information, please refer to the Privacy Policy available here.

- Cookies

The User acknowledges and accepts that Petit Picotin may anonymously place one or more cookies in order to continuously improve the website, in particular to facilitate site management and Customer recognition. The user may object to this via their browser.

For more information, please refer to the COOKIES section of the Privacy Policy available here.

- Protection of minors

Unemancipated minors may not place an order without the authorization of a parent or legal guardian.

- Hyperlinks

The website may contain links to third-party websites. Petit Picotin is not responsible for their content. The creation of hyperlinks to the homepage of the Website is permitted. Links made to specific pages of the Website (deep links or "deep linking") are subject to prior authorization from Petit Picotin. The URL of the target page must be clearly indicated. The user's website must not make the Website appear to be its own, must not distort the Website's content, and must clearly indicate that the Customer is being directed to the Website. The Website's pages must not be embedded within the pages of another website, but may be displayed in a new window. No "mirroring" of the website, meaning hosting it at another URL, is permitted.

- Registration terms

Access to the "order" function on the website is reserved for previously registered customers.

The customer must therefore register in advance by entering the following information in the "create an account" section:
- their identity (first name, last name, and date of birth)
- their phone number
- their delivery and billing addresses - their email address
- their password

During the registration process, the customer expressly agrees to provide accurate and complete information and to keep it up to date thereafter.

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 website, as well as to suspend or terminate the customer account, without compensation or refund.

For any registration of a professional customer wishing to resell the Petit Picotin brand in store, please send an email to sales@petitpicotin.com so that Petit Picotin can create a dedicated access for you.

- Authentication and security

When the necessary conditions for registration are met, and subject to acceptance by Petit Picotin, the customer may, using their login credentials, access and manage their Customer account and place Orders. These credentials are strictly personal and confidential and must not be communicated or shared with third parties.

Under no circumstances shall Petit Picotin be held responsible for the loss of a customer's credentials. The customer shall be solely responsible for the use of their credentials by third parties or for any actions or statements made through the "My Account" section, whether fraudulent or not. They guarantee Petit Picotin against any claim in this regard.

Furthermore, Petit Picotin does not have the means to verify the identity of persons accessing its website, and therefore cannot be held responsible for the impersonation of a customer. If the customer has reason to believe that a person is using their login credentials or customer account, they must immediately notify Petit Picotin.

- Formation of the Contract

The website contains a commercial offer for the sale of products, which may be modified at any time at the initiative of Petit Picotin. Product offers and prices are valid, within the limits of available stock and supply, for as long as they are visible on the website.

The order is confirmed by email within 48 hours of receipt.

- Order process

1 - Choice of model and options (color, personalization color)
2 - Personalization if available
3 - Shopping cart validation
4 - Entry of customer information
5 - Acceptance of the Terms and Conditions of Sale and choice of payment method.

The customer may create an account or log in to their existing account to place an order. After selecting their products and options, they access a complete summary: selected items, quantities, sizes, total price, shipping costs, and personal details. The customer must verify this information before confirming. The order becomes final after checking the acceptance box for the General Terms and Conditions of Sale and validating payment.

This validation, together with the data recorded by Petit Picotin, constitutes proof of the transaction.

- Modifications to personalizations

For any order including personalized Products, modifications may be made until 9am the day following the order.

After this deadline, personalizations can no longer be modified.

To make a modification, please contact our customer service team via the email address or phone number indicated on our website.

- Suspension - Refusal

Petit Picotin reserves the right to close or suspend a Customer's account, and to suspend and/or refuse any order from a customer for any legitimate reason (false or inaccurate information, fraudulent order, payment incident, unauthorized use of a third party's payment methods, etc.).

Petit Picotin also reserves the right to suspend and/or refuse any Order from a customer with whom a dispute exists regarding payment for a previous order, regardless of the order and/or payment method used.

- Loyalty points

Petit Picotin offers a loyalty points system to reward customer loyalty. These points are valid for 1 year after being generated, after which they will be forfeited.

The loyalty points system is not available to professional customers who resell the Petit Picotin brand.

- Website obligations

Product stock levels are kept up to date in real time. However, despite precautions taken, stock shortages and/or supply disruptions are possible. In such cases, the website will inform the customer and commits, at the customer's choice, to refunding the amount paid or offering an equivalent or superior product in quality and price. The website reserves the right to refuse an order if there are delivery difficulties in the destination country.

- Customer obligations

The customer declares that they are at least 18 years of age and have the legal capacity to place an order. The customer agrees to provide a valid address where delivery can be made Monday to Friday between 8am and 5pm, as well as a valid phone number at which the delivery company can reach them for delivery instructions. The address must be easily accessible for the carrier. By confirming their Order, the Customer agrees to pay for it.

Any order placed by a customer is strictly intended for their personal use, or the personal use of the person in whose name delivery is to be made, and is unrelated to any professional use. As the person ordering a customized product made at their request, the customer is responsible for all information provided to the website, including text, size, contact details, delivery address, etc.

- Price and invoice

The total price indicated in the order confirmation on the website is the final price.

The price is expressed in euros, inclusive of all taxes (VAT included). VAT is that in force in France at the time of the Order.

Shipping fees apply.

Payment for products is made via APPLE PAY, PAYPLUG (credit card: Eurocard, Visa, Carte Bleue, Mastercard) or PAYPAL.

Also by bank transfer for professional customers who resell the Petit Picotin brand. 

Our payments are secure. Credit card details (card number, expiry date) are never known or stored by Petit Picotin. After validation by the bank or PayPal service, the Customer is automatically redirected to the website to complete their order.

The account is debited within 48 hours of payment confirmation, in euros only.

- Delivery

Products can be delivered to most countries at the address provided by the customer.

In France, Corsica, and Europe, delivery generally takes place within 20 business days, a period that may be extended during holidays. The website is not responsible for delays caused by the carrier, the customer's absence, or incorrect information. Claims for undelivered parcels must be made within 20 days of the delivery date.

Shipping costs cover preparation, packaging, and transport. They are fixed for France, Corsica, and Europe, and variable outside Europe.

It is recommended to group items in a single order, as each separate order incurs distinct shipping costs.

Here are the delivery prices for individual customers. These prices vary for professional customers who resell the Petit Picotin brand in store.

SEE SUMMARY TABLE

The dimensions of the gift boxes are appropriate and your items are properly protected.

Parcels are shipped within 2-3 business days of payment receipt. 

Delivery methods:

- Relay point : 3-4 business days, parcel held for 7-8 days (3 days for pick-up stations). Uncollected parcels are returned and additional fees are charged.
- Home delivery (with signature): 2-3 business days via Chronopost with tracking.
- Outside Europe: 10-30 business days depending on the country.

Taxes and customs:

Prices displayed include VAT, excluding shipping costs.

For deliveries outside the EU and overseas territories, VAT is deducted, but customs duties and import taxes are the responsibility of the customer.

Petit Picotin does not refund these fees and cannot guarantee their exact amount.

- Transfer of ownership and risks

Ownership remains with PETIT PICOTIN until full payment, but risks are transferred to the Customer upon delivery.

- Right of withdrawal

In accordance with the provisions of Article L 221-18 of the Consumer Code, the customer benefits from a right of withdrawal of fourteen (14) days from the receipt of the products that were the subject of the order.

However, this right of withdrawal does not apply to products that have been customized at the Customer's request, in accordance with Article L221-28 of the Consumer Code, which provides in particular that the right of withdrawal does not apply to:
- Goods made to the consumer's specifications or clearly personalized;
- Goods that are likely to deteriorate or expire quickly;
- Goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection.

The customer may withdraw by contacting Petit Picotin's customer service and must return the product within 14 days, intact, unwashed, unworn, and in its original packaging.

The return shipping costs are the responsibility of the customer, except in the case of a defective or non-conforming product.

The refund, including standard shipping costs, will be processed within 14 days of receipt of the product in perfect condition.

Damaged or incomplete returns will not be refunded.

- Reservations and warranties

Reservations upon receipt

The customer must report any reservations at the time of delivery, in writing to the carrier, and inform Petit Picotin by email with confirmation from the carrier. 

Legal warranties

1. Legal warranty of conformity (Articles L.217-4 to L.217-14 of the Consumer Code)
- The product must conform to the order and the customer's reasonable expectations.
- Defects identified within 24 months (6 months for second-hand items) are presumed to have existed at the time of delivery.
- In the event of non-conformity: repair, replacement, refund, or price reduction depending on the defect and the customer's choice.
- Costs are borne by the seller, unless this is impossible or the customer's choice entails a disproportionate cost.

2. Legal warranty against hidden defects (Articles 1641 to 1648 of the Civil Code)
- Covers hidden defects that render the product unusable or significantly diminish its use.
- The customer may request cancellation of the sale or a reduction in price.
- Time limit: 2 years from the discovery of the defect.
- The customer must prove that the defect existed before the sale.

Common provisions 

- Products must be in perfect resalable condition to be accepted for return.
- Excluded: modified, worn, washed, damaged products or those showing an apparent defect.
- For returns due to non-conformity, Petit Picotin provides a shipping label; otherwise, risks are borne by the customer.
- Certain minor technical modifications do not constitute a conformity defect.

Terms and conditions

- Legal warranty of conformity: 2 years, proof not required for 24 months, choice between repair or replacement.
- Warranty against hidden defects: 2 years after discovery, choice between returning the product or a price reduction, proof of the defect to be provided by the customer. 

- Limitation of liability

Petit Picotin has a best-efforts obligation for the manufacture of products and does not guarantee their quality or suitability for a particular use.

Its liability covers only direct damages related to a contractual breach, and is limited to the amount paid for the product concerned. Indirect damages (loss of profit, moral, commercial or other prejudice, etc.) do not give rise to any compensation.

Liability is not engaged if the issue results from the customer, a third party, or a force majeure event.

- Customer Service

PETIT PICOTIN offers various information and assistance resources on the website for the benefit of the Customer.

For any additional information or questions, the Customer Service team is available to all customers, primarily by email: contact@petitpicotin.com, or by phone at 02 55 59 59 56 from Monday to Friday, 9am to 6pm

The Petit Picotin website, including its structure, content (texts, images, graphics, sounds, downloadable files, etc.) and trademarks, is protected by copyright and intellectual property law.

All rights of reproduction, distribution, adaptation, or use are reserved to Petit Picotin and its rights holders.

Any reproduction or use without authorization is prohibited and constitutes an infringement. It is also prohibited to circumvent the protections of the software, databases, or access systems of the website.

- Evidence

Petit Picotin may use electronic records and data (acts, files, transactions, reports, databases, etc.) retained by itself or its service providers as evidence of communications, website usage, and payments between the parties. Invoices are archived on a reliable and durable medium, guaranteeing a faithful and lasting copy.

- Mediation

Prior complaint

In the event of a dispute, the Customer must first contact PETIT PICOTIN:
- By phone (Monday to Friday, 9:00am to 6:00pm): 02 55 59 59 56
- By post: 15 rue de Bretagne, 44240 LA CHAPELLE-SUR-ERDRE
- By email: contact@petitpicotin.com

Mediation request

The customer may refer to a mediator after having sent a written complaint to Petit Picotin and in the event of failure or no response within 2 months. Mediation, handled by CM2C, is independent and impartial, and the parties remain free to accept or reject the mediation and the proposed solution. The mediation form is available on the mediator's website, and additional information is accessible via the Mediation Evaluation Commission or the European Online Dispute Resolution platform.

- Applicable law

The General Terms and Conditions of Sale are governed by French law. In the event of a dispute, the parties will first attempt an amicable settlement. If this fails after 2 months, the competent courts of Paris shall have sole jurisdiction, including in cases involving multiple parties or special proceedings.

The general terms and conditions of sale for individual customers apply to professional customers except where clearly stated otherwise.

The following specific conditions are added to these terms:

- The Petit Picotin brand prohibits the customization of its products by partner stores. The customization of Petit Picotin products is carried out exclusively by Petit Picotin.

- It is prohibited to purchase the keyword "Petit Picotin" on Google Adwords as well as on all channels where this is possible.