Terms and Conditions
General conditions of sale
Between the Company name and address , registered in the Trade and Companies Register under SIRET number 89503472600011 , located at 17 RUE DES CORDONNIERS 95570 BOUFFEMONT represented by MADAME CHAÏMA KEHLAOUI as manager, duly authorized for the purposes hereof. The company can be contacted by email by clicking on the contact form accessible via the home page of the site. Hereinafter the "Seller" or the "Company".
On the one hand, And the natural or legal person purchasing products or services from the company, Hereinafter, "the Buyer", or "the Customer" On the other hand, It has been set out and agreed as follows:
PREAMBLE
The Seller is a seller of clothing, shoes and accessories exclusively for consumers, marketed through its websites lapetiteparisienne.co. The list and description of the goods and services offered by the company can be consulted on the aforementioned sites.
Article 1: Purpose and general provisions
These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these General Terms and Conditions at any time by publishing a new version on its website. The applicable GTC are those in effect on the date of payment (or the first payment in the event of multiple payments) of the order. These GTC can be viewed on the Company's website at the following address: lapetiteparisienne.co/pages/cgv . The Company also ensures that their acceptance is clear and without reservation by setting up a checkbox and a validation click. The Customer declares that they have read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares that he is able to legally contract under French law or validly represent the natural or legal person for whom he is committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Price
The prices of the products sold through the websites are indicated in Euros including all taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller.
Article 3: Products and services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies having received a breakdown of the delivery costs as well as the terms of payment, delivery and execution of the contract. The
The Seller undertakes to honour the Customer's order within the limit of available Product stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French. In accordance with French law, it is the subject of a summary and confirmation when the order is validated . The validity period of the offer of Products and their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted only to the natural person who signed the order (or the person holding the email address provided).
In accordance with Article L211-1 of the Consumer Code: it is the buyer who has the choice and not the seller: he has the possibility of returning the item and having the price refunded or keeping the item and having part of the price refunded.
The seller is required to return the price and reimburse the costs incurred by the sale, but any loss due to force majeure will be borne by the buyer.
Article 4: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 5: Delivery terms
The products are delivered to the delivery address that was indicated when ordering and the time indicated. This time does not take into account the order preparation time . In the event of a delay in delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 216-1 of the Consumer Code. The Seller will then reimburse the product and the "outbound" costs under the conditions of Article L 216-1 to L216-8 of the Consumer Code.
The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to ensure the order is followed up. The Seller reminds that at the time the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered.
Article 5: Delivery times
Colissimo delivery time: 2 to 4 working days
Mondial Relay delivery time: 4 to 7 working days
Article 6: Availability and presentation
Orders will be processed within the limits of our available stocks or subject to available stocks at our suppliers. In the event of unavailability of an item for a period exceeding 30 days maximum after the conclusion of a contract: article L216-1 of the consumer code , you will be immediately notified of the expected delivery times and the order for this item may be cancelled upon simple request. The Customer may then request a credit for the amount of the item or its reimbursement.
Article 7: Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network . Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is indeed the legal holder of the card to be debited and that he is legally entitled to use it.
Article 8: Withdrawal period
In accordance with Article L. 121-18 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs". "The period mentioned in the preceding paragraph runs from the receipt for the goods or the acceptance of the offer for the provision of services".
The customer can return his package without reason within 14 days of receiving his package. He must complete the withdrawal form present in the T&Cs.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased will be refunded, the return costs remain the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new; they must, if possible, be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you will find the standard form:
Refund procedure: Please contact us via the form
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of [professional inserts name, geographic address and email address here]:
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/ below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
The company will automatically refund you using the same payment method as the customer within 14 days of receiving the returned package.
Beyond 14 days, no withdrawal possible in accordance with article L221-18 OF THE CONSUMER CODE.
The customer completes the withdrawal form and inserts it in the package to be returned.
Article 9: Guarantees
By law, the seller is subject to two guarantees, namely the guarantee of legal conformity and that relating to hidden defects in the products. The seller undertakes to reimburse the buyer or exchange products that have apparent defects or that do not comply with the order placed. To request a refund, the buyer must immediately contact the company by email, which will indicate the terms of reimbursement.
Furthermore, the company La petite parisienne cannot be held responsible for damage resulting from improper use of the product purchased.
The consumer has a period of two years from the date of delivery of the goods to assert the legal guarantee of conformity in the event of a lack of conformity being found. It is specified that during this period, the consumer does not have to prove the date of appearance of the defect but only its existence.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
The consumer does not have the right to cancel the sale if the lack of conformity is minor.
The rights mentioned above result from the application of articles L.217-1 to L.217-3 of the consumer code.
The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.
Article 10: Complaints
If applicable, the Buyer may submit any complaint by contacting the company using the following contact details: Please contact us using the contact form in the contact section at the bottom of the page.
Article 11: Intellectual Property Rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 12: Force majeure
Neither Party may be held liable for any delay or failure due to the occurrence of a case of force majeure usually recognized by the case law of French courts and tribunals.
The Party wishing to invoke a case of force majeure must notify the other Party by registered letter with acknowledgement of receipt as soon as possible upon becoming aware of such an event. Once the effects resulting from the invoked force majeure event have disappeared, the affected Party shall immediately resume performance of its obligation.
In the event that the effects resulting from the event constituting a case of force majeure persist for more than 15 days, the Parties agree that this Contract may be terminated automatically at the initiative of the most diligent Party by registered letter with acknowledgment of receipt, without this affecting the conditions of payment for the Services performed.
Article 13: Nullity and modification of the contract
If one of the provisions of this contract were to be cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.
Article 14: Protection of personal data
In accordance with the Data Protection Act of 6 January 1978, you have the right to query, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions of sale, you consent
- that we collect and use this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do this, simply click on the link at the end of our emails or contact the data controller (the Company) by registered letter. We monitor traffic on all of our sites. To do this, we use tools such as Google Analytics and other statistics tools.
Article 15 Mediation:
In accordance with the provisions of the Consumer Code relating to the "consumer dispute mediation process", the Customer having the status of consumer has the right, with a view to the amicable resolution of a dispute arising from the contract and opposing him to La petite parisienne, to have recourse free of charge and under the conditions set by said code, to a consumer mediator to whom La petite parisienne belongs.
In accordance with articles L.616-1 and R.616-1 of the Consumer Code, La petite parisienne has set up a consumer mediation system:
https://www.cnpm-mediation-consumption.eu/
or by post by writing to
CNPM CONSUMER MEDIATION
27 avenue of Liberation - 42400 SAINT-CHAMOND
All disputes relating to the content, interpretation, validity or execution of these General Conditions and which cannot be settled amicably will be under the exclusive jurisdiction of the courts of the city of the registered office of La petite parisienne, regardless of the registered office or residence of the Customer. These General Conditions are subject to French law for their interpretation and execution.
Article 16: Right not to telephone canvass
In accordance with article L. 223-2 of the consumer code:
- the consumer has the right to object to being contacted by telephone, registration is free on the Bloctel.gouv.fr website
The customer can register by filling out a form indicating up to 10 landline or mobile telephone numbers on which he no longer wishes to be contacted.
Each issue is registered for a period of 3 years, any new registration, since January 1, 2022, is automatically renewed at the end of the three-year period.
Article 17: Applicable law
These General Terms and Conditions and the operations resulting from them are subject to French law. For any complaints, please contact us by email lapetiteparisienne.co@gmail.com.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
The parties undertake to attempt to resolve amicably any dispute that may arise between them; the client is informed that he may resort to conventional mediation with existing sectoral mediation bodies or to any alternative method of dispute resolution in the event of a dispute.
A dispute with a customer, not settled amicably, express jurisdiction is attributed to the court of the place of residence of the defendant in accordance with article 42 of the code of civil procedure, i.e. the commercial court of Pontoise or, at the latter's choice, at the place of actual delivery in accordance with article 46 of the code of civil procedure.