General Terms and Conditions (GTC)

 

These conditions of sale are concluded on the one hand, by the company “Petit Poirier SARL” with a capital of 5000 euros whose registered office is at 51quater avenue du Belloy, 78110 Le Vésinet, France Telephone: +33(0)7 49 59 78 92, registered with the Registry of the Commercial Court of Versailles under number RCS921 488 870 hereinafter referred to as “Petit Poirier SARL”; and on the other hand, by any natural or legal person wishing to make a purchase via the website of “Petit Poirier SARL” hereinafter referred to as “the buyer”.

OBJECT

These conditions of sale aim to define the contractual relationship between “Petit Poirier” and the buyer and the conditions applicable to any purchase made through the merchant website of “Petit Poirier”, whether the buyer is a professional or a private consumer. The acquisition of a good or service through this site implies unreserved acceptance by the buyer of these conditions of sale. These conditions of sale shall prevail over any other general or specific conditions not expressly approved by “Petit Poirier”. “Petit Poirier” reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in place on the date of the order by the buyer.

CHARACTERISTICS OF THE PROPOSED GOODS AND SERVICES

The products and services offered are those listed in the product catalog published on the “Petit Poirier” website. These products and services are offered within the limits of available stocks. Each product is accompanied by a description detailing and describing the characteristics. The photographs in the catalog are as close as possible to the delivered product but cannot ensure a perfect similarity with the product offered, particularly with regard to colors. Each product is presented in a box-style box, itself protected with biodegradable packaging for delivery.

PRICES

The prices appearing in the catalog price inclusive of VAT in euros taking into account the VAT applicable on the day of the order; any change in the rate may be reflected in the price of the products or services. “Petit Poirier” reserves the right to modify its prices at any time, however, the price appearing on the site on the day of the order will be the only one applicable to the buyer. The prices indicated do not include transport and delivery costs.

ORDERS

When a customer ticks the box “I have read and I accept the General Conditions of Sale” before proceeding to the payment constitutes irrevocable acceptance which can only be called into question in the cases mentioned in the conditions under the paragraph “right of withdrawal”. The Customer acknowledges by ticking the box to have read, understood, and accepted these conditions.
You can place an order on our online store by following these steps:
– select the product(s) you wish to purchase.
– validate the shopping cart.
– identify yourself by mentioning all the information requested for online registration.
– make sure to check the selected products with the color and size options, and indicate the quantities requested.
– make sure to clearly indicate the information necessary for the delivery.
– select the delivery method.
– select the payment method.
– proceed to the payment of your order on the secure interface, which will formally and definitively validate the sales contract.
Any order implies acceptance of the prices and description of the products available for sale.
The online entry, on the form of one of our payment partners, of the bank card number, and the final validation of the order will be proof of the order and payment of the amount for the products ordered.

ORDER CONFIRMATION

An e-mail is automatically sent to the customer to confirm the order, presuming the e-mail address provided at the time of the order does not contain any errors.

ORDER TRACKING

For all questions concerning the tracking of the order, the customer can contact our Customer Service by phone via our WhatsApp (07 49 59 78 92) platform, Monday to Friday, from 9 a.m. to 6 p.m. and Saturday from 9:30 a.m. to 5:30 p.m. excluding public holidays, or by e-mail: bonjour@petit-poirier.com

WITHDRAWAL

Private buyers, benefit from a withdrawal period of fourteen days from the delivery of their order to return the product to the seller for an exchange or refund without penalty, except for return costs. The specific packaging of “Petit Poirier” is part of each “Petit Poirier” product. When returning, a penalty of 10% on the product refund will be applied if the product is not returned in its original packaging, with the packaging intact. When returning, if it is clear that the product has not been worn only under the conditions of a sincere test or fitting, an 80% penalty will be applied to the refund of the product. To exercise his right of withdrawal, the buyer can send “Petit Poirier” a letter on plain paper mentioning his name, contact details, order number, and the product(s) concerned by the return. He must specify if it is a return for reimbursement or if an exchange is desired. In the latter case, it is necessary to specify the article and the size desired in exchange. The buyer can also make the request online to the e-mail address: bonjour@petitpoirier.com to receive the return form then print it, fill it out and send it to “Petit Poirier” at 51Quater avenue du Belloy, 78110 Le Vésinet, with the returned products.

PAYMENT TERMS

Payments must be made when the customer places the order. Under no circumstances may payments paid be considered as a deposit or down payment. The Customer can pay for his order online by credit card: VISA, MASTERCARD, AMERICAN EXPRESS, and PAYPAL. The customer will have to indicate the number appearing on the front of his bank card, the expiry date, as well as the cryptogram appearing on the back (last 3 digits).
The Customer guarantees to Petit Poirier SARL that he has the necessary authorizations to use the method of payment he has chosen for the order when confirming it.
The customer also has the possibility of choosing payment in four installments via the payment method PAYPAL x4. If the Customer wishes to pay for his order in several installments, he has to accept the general and special conditions of PAYPAL.
Petit Poirier SARL reserves the right to suspend or cancel any order and/or any delivery, whatever its nature and status, in the event of a non-payment or partial payment of any sum which would be owed by the Customer, in the event of a payment dispute, in the event of a payment incident, or in the event of fraud or attempted fraud while using our services on www.petit-poirier.com.
Petit Poirier SARL reserves the right to request supporting documents from the Customer before validating an order. Indeed, as part of an order verification procedure, Petit Poirier SARL may ask the Customer to send a set of supporting documents by email, post, or fax. The order will be validated after receipt of the supporting documents requested. In the absence of a receipt, within 15 days of placing the order, the latter will be canceled automatically. Our customers can purchase on our website with complete peace of mind because Petit Poirier SARL has put in place every possible measure to ensure the security and confidentiality of the data transmitted online on the website, in particular bank details, via its payment partners (Stripe). The site uses a secure method of payment SSL (Secure Socket Layer) which allows the encryption of bank details during their transmission over the network. The customer can see that the transmission is encrypted when the padlock symbol appears in the URL bar of the browser. The transaction is carried out via its payment partners, who alone have the banking information provided on the site at the time of payment.

INVOICE

The customer receives the original invoice upon delivery of the order.

DELIVERY

We offer the following delivery methods on our website:
• Colissimo: This delivery method guarantees the delivery of your parcel within 48 hours from the date of shipment (excluding order processing and preparation time), for a price of 7.20 euros, this service is only available in Metropolitan France and Monaco. Deliveries are made between Monday and Saturday morning, excluding public holidays. The package is picked up by the Post Office and delivered to the delivery address indicated by the Customer. In case the Customer is absent at the moment of delivery and if the dimensions of the package allow it, the postman will leave the package in the mailbox. Otherwise, a delivery notice will indicate to the Customer where to collect the package within the next 15 days.
• Colissimo International: This delivery method is reserved for European countries, the shipping time is between 3 and 8 business days, with prices starting at 11.05 euros, depending on the destination. Deliveries are made between Monday and Friday, excluding public holidays. The package will be delivered against signature. In case of absence during the delivery, a notice with the info of the carrier will be left to plan another delivery.
Orders may be subject to customs taxes in the country of destination which will be the responsibility of the customer.
• TNT Express: This delivery method guarantees the shipment of the package within 48 hours from the date of shipment (excluding order processing and preparation time), for a price of 17 euros, in Metropolitan France and Monaco only. Deliveries are made between Monday and Saturday, excluding public holidays. The package is taken care of by TNT and delivered to the delivery address indicated on the order. Parcel tracking is carried out on the website www.tnt.fr/suivi with your parcel’s tracking number. In case of absence during the delivery, an SMS will be sent to you, indicating where to collect your parcel from the nearest Pick-up point or TNT agency, within 10 days. In case the shipment has not been picked up within the time limit set by the carrier, the products will be returned to the sender. The www.petit-poirier.com will reimburse the Customer for the number of products ordered on the basis of the invoice price, excluding delivery costs.
• UPS: This delivery method (express delivery) is reserved for shipments within Europe, with the exception of Cyprus, prices start at 25 euros. The package is delivered within 48 hours after the shipment is made. Orders may be subject to customs taxes in the country of destination which will be the responsibility of the customer.
• DHL: This delivery method is reserved for shipments to the United States, Canada, Switzerland, and the United Kingdom. The package is delivered within 3 to 5 working days, prices start at 55 euros. Orders may be subject to taxes and customs fees in the country of destination and will be the responsibility of the customer.

• Delivery time: For any order placed online on our site, if the products are in stock, the order processing will be done within 2 business days. An e-mail will be sent to you once the products are shipped, provided that the e-mail address indicated in the registration form does not contain an error. Upon receipt of this email, you can rely on the delivery times indicated below:

Delivery times are as follows:
• Colissimo: 2 business days within metropolitan France
• Colissimo International: 3 to 8 business days, except public holidays, depending on the destination.
• TNT Express: 2 business days
• UPS: 2 business days
• DHL: 3 to 5 business days

Furthermore, the company “Petit Poirier” informs its customers that these delivery times do not include Sundays or public holidays. In case an order includes one or more products that are no longer available as well as one or more available products, the company “Petit Poirier” will only ship the available products and will cancel and refund the unavailable products. The Customer will be notified of the change as soon as possible by Customer Service.

Packaging: The products are packaged in such a way as to comply with the transport standards, and to ensure optimal protection of the products during their delivery. The Customer is asked to respect these same standards when returning a product. Any damage observed on a product when a return is received that is caused by our packaging standards not being respected may result in a partial refund or non-refund of the product if the resale or reuse of the product is no longer possible or limited.
Responsibility of the Customer for the verification of packages upon receipt: The company “Petit Poirier” reminds that it is the responsibility of the Customer to inspect the delivery of the package upon receipt and to notify any anomaly (damage, damage to the package, product missing by the report to the delivery note, damaged product, delivery date not in accordance with the normal delivery service deadlines, reference error, etc. to the company “Petit Poirier”, within 3 working days. In the event that such mentions have not been brought to the attention of “Petit Poirier”, the product is deemed to have been accepted by the Customer and cannot be the subject of any dispute concerning its delivery.

Delivery delays by the carrier: In the event of a delay in delivery compared to the deadlines announced by the carriers, the company “Petit Poirier” first suggests that the Customer checks with the carrier the state of the package and when delivery is due, if this does not solve your inquiry, you can contact our Customer Service via the WhatsApp platform from Monday to Friday from 9 a.m. to 6 p.m. and Saturday from 9:30 a.m. to 5:30 p.m., excluding public holidays, or via the e-mail address bonjour@petit-poirier.com, in order to open a dispute or investigation to search for the package. The Customer must declare the loss within 30 business days from the date indicated for the delivery of the order. The company “Petit Poirier” will then handle any necessary complaints to the carrier. If the package is found, it will be forwarded immediately to the Customer’s delivery address. If at the end of the investigation, the package is not found, the Customer can request reimbursement of the amount paid.

Any claims for undelivered packages must be made within 30 business days from the date of order.

RIGHT OF WITHDRAWAL AND RETURN

The Customer has a period of fourteen days from receipt to withdraw from the sale, to return the product to the seller for exchange or for a refund without penalties, with the exception of return costs.
The withdrawal period runs from the beginning of the first hour of the first day following: the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the product. The withdrawal period ends on the expiry of the last hour of the last day of the period. If the period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day. The Customer exercises his right of withdrawal by informing “Petit Poirier” of his decision to withdraw by sending to the postal address of “Petit Poirier” or to the e-mail address of “Petit Poirier”: bonjour@petit- poirier.com, the standard return form proposed by “Petit Poirier” or any other statement, unambiguous, expressing its desire to withdraw; the standard form can be downloaded here. In the event, a customer exercises his right of withdrawal by e-mail, to the e-mail address of the customer service of “Petit Poirier”, an acknowledgment of receipt of the withdrawal will be sent to the Customer, without delay, through a durable medium. The burden of proof of the exercise of the right of withdrawal rests with the Customer.
In addition, the Customer is reminded that no refund can take place before Petit Poirier has received and checked the condition of the item(s) concerned by this request.
Returned products must be returned in their original condition and in their entirety (product label, accessories, cover, etc.). The products must be intact, in perfect condition for resale, and clean. They must not have been worn or used, nor have suffered any deterioration. Any damaged or incomplete product will not be refunded. Return the package directly to the following address, you are free to use the carrier of your choice:

Petit Poirier – Service Retour
51quater avenue du Belloy, 78110 Le Vesinet, FRANCE

The company “Petit Poirier” recommends that the customer return his products by Colissimo, with additional insurance covering the market value of the products, guaranteeing him compensation up to this value in the event of spoliation or loss of the goods. In all cases, the return is made at the Customer’s risk. In addition, it will be the customer’s responsibility to keep any proof of return. In addition, the company “Petit Poirier” reminds the Customer that no refund can take place before having previously received and checked the conformity of the state of the item(s) concerned by this request (see the conditions set out below).

REFUND AND RETURN
The company “Petit Poirier” will reimburse the Customer no later than 14 days from the date on which it is informed of the Customer’s decision to withdraw. Nevertheless, the “Petit Poirier” Company may defer reimbursement until the products are recovered, the date chosen is that of the first of these facts. When an order is placed with a reduction coupon, the value of the reduction coupon will be deducted from the amount of the credit or the refund in proportion to the amount of items ordered.

WARRANTY

All the products supplied by the seller benefit from the legal warranty provided for by articles 1641 and following the Civil Code. In the event of non-compliance of a product sold, it may be returned to the seller who will take it back, exchange it or refund it.

RESPONSIBILITY

The seller, in the online sales process, is only bound by an obligation of means; its responsibility cannot be considered for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.

INTELLECTUAL PROPERTY

“Petit Poirier” is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, architecture, icons, and sounds.
Any reproduction, representation, modification, publication, or adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorization of “Petit Poirier”.
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following the Intellectual Property Code.

PERSONAL DATA

The data collected through our store is recorded in a file computerized by “Petit Poirier” to allow the management of the customer account, the management of customer satisfaction (deliveries and exchanges), statistical operations, and the targeted sending of commercial offers. They are kept for 18 months and are intended solely for Petit Poirier SARL. In accordance with law 78-17 of January 6, 1978, as amended, you can exercise your right of access to data to have it rectified or deleted directly from your customer account or by contacting Customer Service by e-mail: bonjour@petit-poirier. com or by mail to the address: 51quater avenue du Belloy, 78110 Le Vésinet, France.

Data Protection Officer : Virginia Alexandra Voicu : bonjour@petit-poirier.com

ARCHIVING – PROOF

“Petit Poirier” will archive orders and invoices on a reliable and durable medium constituting a reliable copy in accordance with the provisions of article 1348 of the Civil Code. The computerized registers of “Petit Poirier” will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
These general conditions are governed by French law. The creation, interpretation, and effects of any sales contract entered into on the Site are governed by French law. In the event of a question or complaint, the customer can contact “Petit Poirier” first, by writing to the e-mail address bonjour@petit-poirier.com or by post to the head office of “Petit Poirier”: 51quater avenue du Belloy, 78110 Le Vésinet. The complaint must set out the customer’s requests and the specific facts to justify each of the requests. It must also contain proof of the facts presented in support of the claims.
In accordance with European Regulation 524/2013, the company “Petit Poirier” informs the customer of the existence of a platform for online disputes between e-merchants and consumers. The link is: http://ec.europa.eu/consumers/odr/
Apart from cases where the law does not allow it, the competent court will be designated in accordance with the rules of jurisdiction enacted by French law.