General terms and conditions of sale
MY LITTLE PLATE
The Website www.mapetiteassiette.com is published by the company MA PETIT ASSIETTE, SAS with a capital of 5,000 euros registered in the Montpellier Trade and Companies Register under number 841 070 170, whose registered office is located at 177b avenue Louis Lumière, ZAE Lunel Littoral, 34400 LUNEL, represented by Mrs Christelle COURREGE as President.
The Director of Publication is Mrs Christelle COURREGE.
The Site is hosted by OVH, SAS with a capital of €10,069,020 whose head office is located at the following address: 2 rue Kellermann - 59100 Roubaix - France
ARTICLE 1 - PURPOSE AND SCOPE
1.1 These General Terms and Conditions of Sale ("GTC") apply, without restriction or reservation, to any purchase of products or services ("the Products or Services") offered by MA PETITE ASSIETTE to non-professional consumer customers ("the Customers or theCustomer") on the website www.mapetiteassiette.com ( " the Site ").
1.2 The main features of the Products and Services, which include " Les Dosies " dosing spoons (consisting of 5 spoons to help parents diversify their diet without the need to weigh the food) and infant feeding counselling services, are presented on the Site.
The Customer is required to read it before placing an order. The choice and purchase of a Product and/or Service is the sole responsibility of the Customer.
1.3 The contact details of the company MA PETITE ASSIETTE are as follows:
MY LITTLE PLATE
177b avenue Louis Lumière
ZAE Lunel Littoral, 34400 LUNEL
1.4 These GTC apply to the exclusion of all other conditions, and in particular those applicable to other marketing channels for the Products or Services.
These Terms and Conditions of Sale are accessible at any time on the Site and shall prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded in MY SMALL ASSET's computer system constitutes proof of all the transactions concluded with the Client.
1.5 The Customer declares having read these General Terms and Conditions of Sale and having accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure.
Unless proven otherwise, the data recorded by MY SMALL ASSET constitutes proof of all the transactions made by MY SMALL ASSET and the Client via the Site.
The validation of the order of Products and/or Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
1.6 The Customer acknowledges having the required capacity to contract and acquire the Products and/or Services offered on the Site.
ARTICLE 2 - ORDERS
2.1 The Customer selects on the Site, the Products and/or Services that he wishes to order, according to the following terms and conditions:
- Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
- The registration of an order on the Site is carried out when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order.
- The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance.
This validation implies the acceptance of the entirety of the present General Terms and Conditions of Sale and constitutes proof of the contract of sale.
It is therefore up to the Customer to check the accuracy of the order and to immediately report any error, including an address or postcode error.
If the package is returned to the sender because of an error made by the customer when filling in his details or if the latter does not pick up his package at a relay point during the time of availability, the latter will again have to pay the delivery costs so that his order is delivered again, otherwise the order will be refunded minus the initial delivery costs.
However, if the package was delivered to an incorrect address provided by the customer and MY SMALL ASSET was unable to retrieve the products, then the sale would be considered final and no refund would be possible.
- The sale of will be considered final only after sending to the Customer the confirmation of acceptance of the order by MY SMALL ASSET, by e-mail, and after receipt of the full price.
2.2 Any order placed on the Site constitutes the formation of a contract concluded remotely between the Customer and MY SMALL ASSET.
The Customer will be able to follow the progress of his order on the Site.
The Customer will not be able to cancel an Order once it has been processed by MY SMALL ASSET.
2.3 MY SMALL ASSET reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
ARTICLE 3 - TARIFFS
3.1 The Products and Services offered by MY SMALL ASSET are provided at the rates in force on the Site, when the order is recorded.
Prices are expressed in Euros, excluding VAT and all taxes.
The rates take into account any reductions that may be granted by MY SMALL ASSET under the conditions specified on the Site.
These prices are firm and non-revisable during their period of validity, as indicated on the Site, MY PETITE ASSIETTE reserving the right, outside this period of validity, to modify the prices at any time.
3.2 They do not include transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
3.3 An invoice is drawn up by the MY SMALL ASSET and given to the Customer when the Products and/or Services ordered are supplied.
ARTICLE 4 - TERMS OF PAYMENT
4.1 The price is payable in full, in cash, on the day the order is placed by the Customer, according to the methods specified in Article 3 above, by secure payment:
- By credit cards: Visa, MasterCard, American Express, other credit cards (Ecard bleue)
Payments made by the Customer will only be considered final after effective collection of the sums due.
4.2 MY SMALL ASSET reserves the right, in the event of non-compliance with the terms of payment set out above, to suspend or cancel the supply of Products and/or Services ordered by the Customer and/or to suspend the performance of its obligations.
No additional costs, greater than the costs incurred by MY SMALL ASSET for the use of a means of payment may be charged to the Customer.
ARTICLE 5 - PRODUCT DELIVERY
5.1 The Products ordered by the Customer will be delivered in metropolitan France (including Corsica) and in certain European countries, within the shipping time indicated on the Product sheet, plus the processing and delivery time, to the address indicated by the Customer when ordering on the Site.
The Customer will no longer be able to modify the delivery address once the order has been processed.
Delivery is the transfer of physical possession or control of the Product to the Customer.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
5.2 MA PETITE ASSIETTE undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified at the time of the order. However, these deadlines are communicated as an indication according to the average times announced by the carriers.
If the Products ordered have not been delivered within 30 days after the period indicated, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions provided for in Articles L.216-2, L.216-3, L.241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within 14 days following the date of termination of the contract, to the exclusion of any compensation or deduction.
5.3. Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
5.4 The Customer is obliged to check the condition of the products delivered.
He has a period of 3 calendar days from delivery to formulate any reservations or claims for non-conformity or apparent defect of the Products delivered, with all the relevant evidence (photos in particular), to MY SMALL ASSEMBLY by writing to him by email at the following address: firstname.lastname@example.org.
After this period and in the absence of having complied with these formalities, the Products will be deemed to be in conformity and free of any apparent defect and no complaint can be validly accepted by MY SMALL ASSET.
MY SMALL ASSET will refund or replace as soon as possible and at its own expense, the Products delivered whose defects of conformity or apparent or hidden defects will have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these GCS.
5.5. The transfer of ownership of the Products to the Customer will only be carried out after full payment of the price by the latter, regardless of the delivery date of the said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of MY SMALL ASSET.
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1 Ordering Products
In accordance with the legal provisions in force, the Customer has a period of 14 calendar days from receipt of the Product to exercise his right of retraction with MY SMALL ASSET, without having to justify the reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 calendar days at the latest following notification to MY SMALL ASSET of the Customer's decision to retract.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to be put back on the market in new condition, accompanied by the order number.
Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the Site, or by using the withdrawal form in the appendix to these GTC.
In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed, the return costs remaining the responsibility of the Customer.
The exchange (subject to availability) or refund will be made at the latest, within 14 days, from the reception, by MY SMALL ASSET, of the Products returned by the Customer under the conditions provided for in this article.
In particular, they specify the conditions of order, payment, delivery and management of any returns of Products ordered by Customers.
6.2. Ordering videos
Given the nature of the services provided(videos on dietary diversification), Service orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore concluded definitively as soon as the Customer places the order according to the terms and conditions specified in these General Terms and Conditions of Sale.
ARTICLE 7 - LIABILITY - WARRANTY
7.1 The Products and Services sold on the Site comply with the regulations in force in France and have performances that are compatible with non-professional use.
The Products and Services provided by MY SMALL ASSIET benefit by right and without additional payment, independently of the right of retraction, in accordance with the legal provisions,
- The legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use, under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is reminded that within the framework of the legal guarantee of conformity, the Customer :
- Benefits from a period of two years from the delivery of the property to act against MY SMALL ASSET;
- May choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code ;
- Is exempted from providing proof of the existence of the Product's lack of conformity during the 24 months following the delivery of the Product if it is a new product, and during the 6 months following the delivery of the Product if it is a second-hand product.
The Customer may decide to implement the guarantee against hidden defects in accordance with article 1641 of the Civil Code; in this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
8.2 In order to assert his rights, the Customer must inform MY SMALL ASSET in writing of the non-conformity, or the existence of hidden defects and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
MY SMALL ASSET will refund, replace or repair Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of the receipts.
Refunds for Products deemed to be non-compliant or defective will be made as soon as possible and no later than 14 days following the discovery by MY SMALL ASSET of the lack of conformity or latent defect.
Reimbursement will be made by crediting the Customer's bank account or by bank cheque sent to the Customer.
7.3 MA PETITE ASSIETTE cannot be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The warranty of MY SMALL ASSET is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 8 - INTELLECTUAL PROPERTY
8.1 The content of the Website and the brand name "MA PETITE ASSIETTE", registered at the INPI under the number 4460647 is the property of MA PETITE ASSIETTE and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offence of counterfeiting.
8.2 In addition, MY SMALL ASSET remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Client) with a view to the provision of the Services to the Client. The Client therefore refrains from any reproduction or exploitation of the said studies, drawings, models and prototypes, etc., without the express, written and prior authorisation of the Service Provider, which may make it subject to a financial consideration.
ARTICLE 9 - OTHER PROVISIONS
The present General Terms and Conditions of Sale expressly exclude the legal regime of contingency provided for in Article 1195 of the Civil Code for all operations of sale of Products and/or Services.
MY SMALL ASSISTANT and the Customer therefore each renounce to avail themselves of the provisions of article 1195 of the Civil Code and of the contingency regime provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution would prove excessively costly and to bear all the economic and financial consequences thereof.
9.2 Force majeure
The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The Party ascertaining the event shall without delay inform the other Party of its inability to perform and justify its inability to perform to the latter. The suspension of obligations may under no circumstances be a cause for liability for non-performance of the obligation in question, nor induce the payment of damages or penalties for delay.
9.3 Applicable Law - Language
The present General Terms and Conditions of Sale and the operations arising therefrom are governed and subject to French law.
The present General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
All disputes to which the purchase and sale operations concluded in application of the present general terms and conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between MY SMALL ASSET and the Client will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Article L 612-1 of the French Consumer Code) or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
ARTICLE 10 - Pre-contractual information - Acceptance by the Customer
10.1 The Customer acknowledges having been informed, prior to placing his order and concluding the contract, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in Article L. 221-5 of the French Consumer Code, and in particular the following information:
- the essential characteristics of the Products and Services ;
- the price of Products and Services and related costs ;
- the date or the deadline by which MY SMALL ASSISTANT agrees to provide the Services ordered;
- information relating to the identity of the company MA PETEITE ASSIETTE, its postal, telephone and electronic contact details
- information relating to legal and contractual guarantees and the arrangements for their implementation ;
- the possibility of resorting to conventional mediation in the event of a dispute ;
- information on the right of withdrawal (existence, conditions, time limit, arrangements for exercising this right and standard withdrawal form), the arrangements for terminating the contract and other important contractual conditions.
- the accepted means of payment.
10.2 The fact for a natural person (or legal entity) to order on the Site implies full and complete adherence and acceptance of these General Terms and Conditions of Sale and obligation to pay for the Products and/or Services ordered, which is expressly recognised by the Customer, who renounces, in particular, to take advantage of any contradictory document, which would be unenforceable against MY SMALL ASSET.
ANNEX I - PROVISIONS ON LEGAL SAFEGUARDS
Article L217-4 of the Consumer Code
MY SMALL ASSET is obliged to deliver goods in conformity with the contract and is responsible for any defects of conformity existing at the time of delivery. It shall also be liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been placed at its charge by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the property must:
- Be fit for the use ordinarily expected of a similar good and, where appropriate :
- correspond to the description given by MY SMALL ASSEMBLY and possess the qualities that the latter has presented to the purchaser in the form of a sample or model
- have the qualities that a buyer can legitimately expect in view of the public statements made by MY SMALL ASSET, by the producer or by his representative, particularly in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.
Article L217-16 of the Consumer Code
Where the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, to restore the property to its original condition covered by the guarantee, any period of immobilization of at least seven days shall be added to the period of the guarantee that has remained to run. This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
MY LITTLE ASSET is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the purchaser would not have acquired it, or would have given only a lesser price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
ANNEX II - WITHDRAWAL FORM
The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on the www.mapetitea ssiette.com Site, except for exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale (Art.7.2.).
For the attention of:
MY LITTLE PLATE
177b avenue Louis Lumière
ZAE Lunel Littoral, 34400 LUNEL
- Order from ..............................................................................
- Order number: ...........................................................
- Client's name: ............................................................................
- Customer's address: .......................................................................