General terms and conditions of sale
MY LITTLE PLATE
Le Site internet www.mapetiteassiette.com est édité par la société MA PETITE ASSIETTE, SAS au capital de 5.000 euros immatriculée au RCS de Montpellier sous le numéro 841 070 170, dont le siège social est sis, 35 rue des Terres du Sud, 34990 Juvignac, représentée par Madame Christelle COURREGE en qualité de Présidente.
Email : email@example.com
The Director of the 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
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 theClient") on the website www.mapetiteassiette.com ( " the Site ")
1.2 Les caractéristiques principales Produits et les Services de conseils en alimentation infantile, sont présentées sur le Site.
The Customer is obliged to read them 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 MA PETITE ASSIETTE are as follows:
MY LITTLE PLATE
35 rue des Terres du Sud
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 GTC are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded in MA PETITE ASSIETTE's computer system constitutes proof of all transactions concluded with the Customer.
1.5 The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the box provided for this purpose before starting the online ordering procedure.
In the absence of proof to the contrary, the data recorded by MA PETITE ASSIETTE constitutes proof of all transactions made by MA PETITE ASSIETTE and the Customer via the Site.
The validation of the order for Products and/or Services by the Customer implies acceptance without restriction or reservation of these General Terms of Sale.
1.6 The Customer acknowledges that he/she has 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 he/she wishes to order, according to the following procedures:
- The contractual information is presented in French and is confirmed at the latest when the Customer validates the order.
- 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 possibility 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 Conditions of Sale and constitutes proof of the sales contract.
It is therefore the Customer' s responsibility to check the accuracy of the order and to immediately report any errors, including an error in address or postcode.
If the parcel is returned to the sender because of an error made by the customer when filling in his details or if the customer does not collect his parcel from a relay point during the period of availability, he will have to pay the delivery costs again in order for his order to be delivered again, otherwise the order will be reimbursed minus the initial delivery costs.
If, however, the package is delivered to an incorrect address provided by the customer and MA PETITE ASSIETTE is unable to retrieve the products, then the sale will be considered final and no refund will be possible.
- The sale will only be considered final after MA PETITE ASSIETTE has sent the Customer confirmation of acceptance of the order by e-mail and after the full price has been received.
2.2 Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and MA PETITE ASSIETTE.
The Customer may follow the progress of his order on the Site
The Customer may no longer cancel an Order once it has been processed by MA PETITE ASSIETTE
2.3 MA PETITE ASSIETTE reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
ARTICLE 3 - TARIFFS
3.1 The Products and Services offered by MA PETITE ASSIETTE are provided at the rates in effect on the Site, at the time the order is placed.
Prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account any discounts that may be granted by MA PETITE ASSIETTE under the conditions specified on the Site.
These prices are firm and non-revisable during their period of validity, as indicated on the Site, MA 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 costs.
3.3 Une facture est établie par MA PETITE ASSIETTE et remise au Client lors de la fourniture des Produits et/ou Services commandés.
ARTICLE 4 - PAYMENT CONDITIONS
4.1 The price is payable in full on the day the order is placed by the Customer, in accordance with the terms and conditions specified in article 3 above, by secure payment:
- Credit card: Visa, MasterCard, American Express, other blue cards (Ecard bleue)
- Payment in inst alments with Alma
Payment in instalments is available through our partner Alma. The security of the payments is ensured by Alma and its service providers. All payments are protected by 3D Secure.
P2X: Only purchases between 50 € and 2 000 € are eligible for payment with Alma.
P3X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P4X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
By paying in several instalments with Alma, the Customer does not pay any fees. Alma is a tele-payment manager and issues an electronic certificate which will be considered as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the civil code.
Any termination of the GTC binding the Seller and the Customer, entails the termination of the GTC between Alma and the Customer.
Payments made by the Client shall only be considered final after the actual collection of the sums due.
4.2 MA PETITE ASSIETTE reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the supply of the Products and/or Services ordered by the Customer and/or to suspend the performance of its obligations.
The Customer may not be charged any additional costs beyond those incurred by MA PETITE ASSIETTE for the use of a payment method.
ARTICLE 5 - DELIVERY OF PRODUCTS
5.1 The Products ordered by the Customer will be delivered within the delivery time indicated at the time of the order, plus the processing and delivery time, to the address indicated by the Customer at the time of ordering on the Site.
- France métropolitaine : 48 heures (3 à 6 jours ouvrés en Mondial Relay)
- Dom-Tom and EU: 3 to 10 days
- International outside EU: 7 to 15 days
The Customer may no longer change the delivery address once the order has been processed.
Delivery is the transfer to the Customer of physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
5.2 MA PETITE ASSIETTE undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified at the time of the order. However, these deadlines are communicated as an indication according to the average deadlines announced by the carriers, they are in working days and do not occur on Saturdays and Sundays, nor on public holidays.
If the ordered Products have not been delivered within 30 days after the indicated deadline, for any other reason than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L.216-2, L.216-3, L.241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest in the 14 days which follow the date of denunciation of the contract, with the exclusion of any compensation or deduction.
5.3 Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.
5.4 The Customer is obliged to check the condition of the products delivered.
The User has a period of 14 calendar days from the date of delivery to express any reservations or claims for non-conformity or apparent defects of the Products delivered, with all the relevant supporting documents (in particular, photos), to MA PETITE ASSIETTE by sending an email to the address: firstname.lastname@example.org
Passé ce délai et à défaut d’avoir respecté ces formalités, les Produits seront réputés conformes et exempts de tout vice apparent et aucune réclamation ne pourra être valablement acceptée par MA PETITE ASSIETTE.
MA PETITE ASSIETTE will reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
5.5 The transfer of ownership of the Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to them will only be carried out at the moment when the Customer takes physical possession of the Products. The Products therefore travel at the risk of MA PETITE ASSIETTE.
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/her right of withdrawal from MA PETITE ASSIETTE, without having to justify his/her 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 no later than 14 calendar days following notification to MA PETITE ASSIETTE of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the order number.
Damaged, soiled or incomplete Products will not be taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the Site, or by using the withdrawal form attached to these GTC.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the Product(s) purchased will be reimbursed, with the cost of returningthe Product(s) being borne by the Customer.
The exchange (subject to availability) or reimbursement will be made at the latest within 14 days of receipt by MA PETITE ASSIETTE of the Products returned by the Customer in accordance with the conditions set out in this article.
In particular, they specify the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers.
ARTICLE 7 - LIABILITY - GUARANTEE
7.1 The Products and Services sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products and Services provided by MA PETITE ASSIETTE benefit from the right of withdrawal by right and without additional payment, in accordance with the legal provisions,
- The legal guarantee of conformity, for apparently defective, damaged or damaged Products or Products that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use, under the conditions and according to the methods referred to in the box below and defined in the appendix to these General Terms of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity, the Customer :
- Has a period of two years from the delivery of the goods to take action against MA PETITE ASSIETTE;
- May choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
- The Buyer is exempted from proving the existence of a lack of conformity of the Product 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 invoke the guarantee against hidden defects in accordance with Article 1641 of the Civil Code; in this case, he/she may choose either to terminate the sale or to reduce the sale price in accordance with Article 1644 of the Civil Code.
7.2 In order to assert his/her rights, the Customer must inform MA PETITE ASSIETTE, 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.).
MA PETITE ASSIETTE will reimburse, replace or repair Products or parts under warranty that are found to be non-compliant or defective.
The cost of postage will be reimbursed on the basis of the invoiced rate and the cost of return will be reimbursed on presentation of the receipts.
Reimbursements for Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of MA PETITE ASSIETTE's finding of the non-compliance or hidden defect.
The refund will be made by crediting the Customer's bank account or by bank cheque sent to the Customer.
7.3 MA PETITE ASSIETTE shall not be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, accident or force majeure.
MA PETITE ASSIETTE's warranty 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 "MA PETITE ASSIETTE" brand, registered with the INPI under number 4460647, is the property of MA PETITE ASSIETTE and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
8.2 In addition, MA PETITE ASSIETTE retains ownership of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer's request) for the purpose of providing the Services to the Customer. The Customer is therefore prohibited from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the express, written and prior consent of the Service Provider, which may be conditional upon a financial consideration.
ARTICLE 9 - OTHER PROVISIONS
The present General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the Civil Code for all sales transactions of Products and/or Services.
MA PETITE ASSIETTE and the Customer therefore each waive the right to avail themselves of the provisions of Article 1195 of the Civil Code and the unforeseeable circumstances 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 proves excessively onerous, and to bear all the economic and financial consequences thereof.
9.2 Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The Party noting the event shall immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.
9.3 Applicable law - Language
These General Terms and Conditions of Sale and the operations arising from them are governed by 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 these general terms and conditions of sale could give rise, concerning both their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between MA PETITE ASSIETTE and the Customer, will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he/she may in any case have recourse to conventional mediation, in particular with the Consumer Mediation Commission (Art. L 612-1 of the Consumer Code) or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Ou en utilisant la plateforme de règlement en ligne des litiges (RLL) accessible à l’adresse : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
ARTICLE 10 - Pre-contractual information - Customer acceptance
10.1 The Customer acknowledges that, prior to placing an order and concluding the contract, he/she has been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with 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 the Products and Services and related costs;
- the date or deadline by which MA PETITE ASSIETTE undertakes to provide the Services ordered;
- les informations relatives à l’identité de la société MA PETITE ASSIETTE, à ses coordonnées postales, téléphoniques et électroniques
- information on legal and contractual guarantees and how to apply them;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information on the right of withdrawal (existence, conditions, time limit, how to exercise this right and standard withdrawal form), on how to terminate the contract and on other important contractual conditions.
- the means of payment accepted.
10.2 The fact that a natural person (or legal entity) places an order on the Site implies full acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products and/or Services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against MA PETITE ASSIETTE
ANNEX I - PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
MA PETITE ASSIETTE is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. It is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made its responsibility by the contract or was carried out under its responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the goods must :
- Be fit for the purpose ordinarily expected of similar goods and, where appropriate :
- correspond to the description given by MA PETITE ASSIETTE and have the qualities that it presented to the buyer in the form of a sample or model
- have the qualities that a purchaser may legitimately expect in view of the public statements made by MA PETITE ASSIETTE, the producer or 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 attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
An action arising from a lack of conformity shall be 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 a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is later than the request for intervention.
Article 1641 of the Civil Code
MA PETITE ASSIETTE is bound by the guarantee for hidden defects in the item sold which render it unfit for the intended use, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower 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
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the www.mapetiteassiette.com website, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale (Art.7.2.)
For the attention of :
MY SMALL PLATE
35 rue des Terres du Sud
- Control of ..............................................................................
- Order number: ...........................................................
- Customer name: ............................................................................
- Customer address: .......................................................................