Terms and conditions of use

 

ARTICLE 1. Our commercial policy

 

MES P'TITS PAPILLONS offers products for sale on the website by practicing its own e-commerce activity and exclusively to end users hereinafter referred to as "Customer". MES P'TITS PAPILLONS means the sole proprietorship MES P'TITS PAPILLONS, a company whose headquarters is located at 7 boulevard Henri Arnauld, registered with the Chamber of Commerce and Industry of Angers under number 878 526 359, represented by its creator, duly authorized for this purpose. By customer we refer to any natural person who does not operate for professional purposes or related to the business activity. In view of the commercial policy described above, the website reserves the right not to follow up on orders coming from subjects that differ from the customer in the sense of the definition above or on orders that do not comply with its commercial policy. The present General Terms and Conditions of Sale exclusively govern any online sale carried out on the website to the exclusion of any other document, and the conditions applicable for sales in stores or through other distribution and marketing channels. By placing an order for a product on the website, the customer acknowledges having read the GCS and having accepted them without restriction, this acceptance not being in any way conditioned by a handwritten signature on the part of the customer. The consultation of the website by the customer is also governed by the legal notices of the website that she/he accepts without reservation and accessible at the address: https://mes ptitspapillons/mentions-legales. It is specified that the Customer may save or print the present GCS, if they are not modified. MES P'TITS PAPILLONS reserves the right to update at any time these Terms and Conditions of Sale, including in consideration of possible normative changes. In this case, their new version will apply on the date of publication on the website.

ARTICLE 2. Buying on the Mes P'tits Papillons e-shop

The order form contains all the information essential to the order, the price of the products (including any applicable taxes or duties), the means of payment and the possible delivery terms as well as the delivery charges. The products offered for sale are those that appear on the website, on the day the customer consults the website, and within the limit of available stocks. The greatest care is taken in the presentation of the products on the website in order to meet the requirements of article L.111-1 of the Consumer Code. Therefore, the products are presented by means of an information sheet elaborated with great care and precision by expert professionals in order to allow the most faithful and complete description. However, with regard to the digital presentation of products on the Internet, in particular due to the technical limitations of the colour rendering of computer equipment, the screen used or under the effect of the type of browser, the perception of materials or colours may vary. Before proceeding with the purchase of the products by transmitting the order form, you will be asked to read the GTC carefully. Before submitting the order form, you will also be asked to detect and correct any data entry errors. Once the contract is concluded, MES P'TITS PAPILLONS will take charge of your order. The order form will be archived in our database for the time necessary for the shipment of orders and according to the legal deadlines. You can access your order form by consulting the section "Your account / Your orders". The products are offered within the limit of available stocks and any mention of the stock of Products appearing on the website is given as an indication as far as technically possible. In the event of unavailability of one of the products, the customer will be informed as soon as possible by e-mail of the possible cancellation of his/her order or the partial delivery of this one. Consequently, any order of an unavailable product that has been effectively paid for will not give rise to any compensation or indemnity other than the reimbursement of the said product and any related delivery costs.

ARTICLE 3. Product information

On the website are exclusively offered for sale premium branded products of the highest quality. The raw materials of the products are purchased directly by MES P'TITS PAPILLONS from producers and suppliers carefully selected for their rigorous quality controls. MES P'TITS PAPILLONS does not sell second-hand, defective or substandard quality products offered on the market. The price of the products is firm. The current rate is that indicated on the pages corresponding to the various products on the website, except for typographical error. These prices consider the V.A.T. applicable on the day of the order. Possible packaging and delivery costs may be invoiced in addition and, in this case, they will be specified to the customer during the order process. Their amount is then fixed and lump-sum. MES P'TITS PAPILLONS reserves the right, which the customer agrees, to change prices at any time, without further formality other than to make the changes on the website. However, these changes will not affect orders accepted by the website before the entry into force of these changes, subject to availability of products ordered. All products are provided with an identification label. Please do not remove the label and single-use seal from purchased products in case of return. If you exercise your right of withdrawal, MES P'TITS PAPILLONS has the option not to accept the return of products without their label, which have been altered in their essential characteristics or quality or which have been damaged.

ARTICLE 4. Order process

The customer navigates freely on the different pages of the website in order to become acquainted with the different products offered for sale without being committed to an order. Any order can only be registered if the customer has previously identified herself/himself by entering his/her personal identifier and password. For his/her first order on the website, the customer chooses an identifier (made up of his/her e-mail address) and a password in order to personalise his/her visit. The customer is also invited to provide a certain amount of information that is essential for the order to be considered and carried out.

At each new visit to the website, the customer can identify herself/himself thanks to the association of his/her identifier and his/her password. The association of these two elements is proof of the customer's identity. The customer remains responsible for his/her identifier and password. In case of loss of his/her password, the customer can click on "forgotten password" to receive an e-mail allowing him/her to reset a new password. The information provided by the customer and collected by MES P'TITS PAPILLONS is treated confidentially and is saved in the database of MES P'TITS PAPILLONS. They will not be transferred, assigned, transmitted or disclosed in any manner whatsoever to third parties or business partners that in accordance with applicable law and the Privacy Policy of this website which the customer acknowledges having read. To place an order, the customer adds the desired products to the "shopping cart» or removes them to correct any errors. Before definitively validating his/her order by clicking on "Validate and pay" and proceeding to his/her payment, the customer can check the details of his/her order and is able to correct possible errors by going back to the details of his/her basket. The Customer must tick the box opposite the message "By ticking the following box, I acknowledge that I have read and accepted the general terms and conditions of sale" to definitively validate his/her order before being able to choose the method of payment proposed on the same page. The sale will not be considered final until MES P'TITS PAPILLONS sends the customer confirmation of acceptance of the order by the website by e-mail.

The order confirmation email summarizes the reference number of the order, the products ordered by the customer and their prices, the terms and conditions of delivery of products, the terms and conditions of withdrawal via his/her customer account and the address or link to the customer service to which the customer can report any questions about his/her order.

ARTICLE 5. Payments

 

For the payment of the price of the products and the shipping costs, you can follow the modalities indicated in your order form.

In the case of payment by credit/debit card, the financial information (for example, the credit/debit card number or the due date) will be transferred by means of an encrypted protocol, to PAYBOX for the European website and AUTHORIZE for the US website or to other banks providing the services related to remote electronic payment, without any third party being able to access them under any circumstances. Such information will never be used by MES P'TITS PAPILLONS, except to complete the procedures related to your purchase or to issue refunds in case of a possible return of products following the right of renunciation or if it is necessary to prevent or report to the police force the occurrence of fraud on the website. Your payment by credit card is secured with the 3D secure device which allows a double identification of the cardholder via a single-use secure code transmitted by SMS. The validation of the payment by your bank can only take place after the secure code thus received has been entered. Under no circumstances MES P'TITS PAPILLONS keeps your bank details. Transmissions to banks are encrypted and secure. The price for the purchase of products and shipping costs, as indicated on the order form, will be debited from your current account at the time of purchase of products. Payments by cheque are not accepted. MES P'TITS PAPILLONS reserves the right to refuse any order or any delivery in case of exceeding the limits indicated herein, any dispute with the customer, total or partial non-payment of a previous order by the customer, refusal of authorization of payment by credit card from banking institutions. The customer guarantees that he or she has the authorisations that may be necessary to use the chosen method of payment at the time of validation of the order. In case of refusal by the bank, the order will be automatically cancelled, and the customer notified by sending an e-mail. The customer is invited to keep his/her summary of the order. The order data will be recorded and stored in the computer systems of MES P'TITS PAPILLONS and its partner bank. The information records of these companies will be considered as evidence of all transactions between the parties on the website. The website is subject to a security system. MES P'TITS PAPILLONS guarantees that the encryption means, and services used to secure transactions have been authorized or declared in accordance with the legislation in force.

ARTICLE 6. Shipments and Returns

 

For all orders confirmed before 10:00 am, Monday to Friday (excluding public holidays), the products ordered will be shipped the same day. The products are delivered by Colissimo within 3 to 5 business days depending on the country from the confirmation of the order by MES P'TITS PAPILLONS. The carrier is solely responsible for any delay and, in such a case, it can in no case give rise to any compensation to the customer. Delivery charges are offered for the purchase of products. In all cases, delivery costs are clearly indicated to the customer during the order process. For security reasons, no order may be registered for delivery to the address of a hotel or other lodging houses, a post office, a post office box or a non-fixed address or domicile (i.e., and without this list being exhaustive, mobile homes, caravans, camping sites, and other non-fixed domiciliation) or in a collective place where an address cannot be individually and permanently allocated to a natural or legal person. The customer is required to pay particular attention to the contact details completed in the order form and to the delivery address. In the event of an error by the customer in the delivery address, the parcel will be returned by the carrier with the mention NPAI ("does not live at the address indicated"). In this case, the delivery costs will remain the responsibility of the customer. The customer must check the good condition of the products upon delivery. Any anomaly concerning the delivery (damaged parcels, missing products, late delivery, etc.) must be the subject of reservations recorded on the delivery receipt presented by the carrier. If the customer has reported a missing product, an investigation with the carrier may take up to 21 working days. If during this period, the product is found, it will be immediately sent to the delivery place designated at the time of the order. However, if the product ordered is not found at the end of this period of investigation, MES P'TITS PAPILLONS will proceed at its expense to a new shipment of missing products initially ordered by the Customer.

ARTICLE 7. Packaging

 

Each of our orders is packed in a refined package with the effigy of MES P'TITS PAPILLONS and prepared with the utmost care: ORGANIC GOTS fabrics living the Japanese furokihi method to promote the 0 waste... Gifts are wrapped in boxes, except in exceptional cases.

ARTICLE 8. Right of withdrawal - exchange

 

In accordance with the provisions of article L.221-18 of the Consumer Code, the customer has a period of 14 clear days to return the product(s) ordered. This period runs from the day after the or the first working day following the day of delivery of the order or from the day of delivery of the last product when the order is delivered in several instalments. Each of the products must be returned intact, clean and complete and in its original packaging and wrapping (including any gift or special packaging, pouch, pouch, label, identification label or, if applicable, the single-use seal). The customer may exercise his/her right of retraction simply by filling in the return form that is attached to any order and returning the items not desired by Colissimo using the return label inserted in the order. You can contact our Customer Service for assistance or details regarding this procedure and/or to obtain a new return form or a new prepaid return label in case of loss. All returned products are inspected. Any returned product that would be incomplete, damaged, worn or dirty will not be taken back and may, at the option of MES P'TITS PAPILLONS, be returned to you at your expense or be kept. In any case, the refund or exchange cannot be requested or made in the store. When the above conditions of a right of withdrawal are met, MES P'TITS PAPILLONS will reimburse the customer all sums incurred by him when ordering the returned products, within 14 days following the date on which the right of withdrawal has been exercised, in accordance with Article L. 221-24 of the Consumer Code. This refund will be made via the means of payment used at the time of purchase. In case there is no correspondence between the recipient of the products indicated in the order form and the one who made the payment of the sums due for the purchase, the reimbursement of the sum, in case of exercise of the right of withdrawal, will be made by MES P'TITS PAPILLONS, in any case, to the one who made the payment.

ARTICLE 9. Product Warranty

 

The customer benefits from the guarantee of conformity under the terms of articles L217-4 and following of the Consumer Code as well as the legal guarantee of hidden defects on the products, under the conditions of articles 1641 to 1649 of the Civil Code reproduced below.

- Article 1641 The seller is bound by the guarantee on account of 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 buyer would not have acquired it, or would only have paid a lower price for it, if she/he had known about them.

- Article 1642 The seller shall not be bound by apparent defects of which the buyer has been able to convince herself/himself.

- Article 1642-1 The seller of a building to be constructed may not be discharged, either before the acceptance of the works or before the expiry of a period of one month after the buyer takes possession of the building, from the construction defects or defects of conformity which were apparent at the time. There shall be no grounds for rescission of the contract or reduction of the price if the Seller undertakes to make good such defects.

- Article 1643 She/He shall be liable for hidden defects, even if she/he did not know of them, unless, in such case, she/he has stipulated that she/he shall not be bound to any guarantee.

- Article 1644 In the case of Articles 1641 and 1643, the buyer shall have the choice to return the thing and have the price refunded, or to keep the thing and have part of the price refunded.

- Article 1645 Where the seller was aware of the defects of the product, she/he shall be bound, in addition to the refund of the price she/he received for it, to pay all damages to the buyer.

- Article 1646 Where the seller was unaware of the defects of the goods, she/he shall be bound only to refund the price and to reimburse the buyer for the costs incurred by the sale.

- Article 1646-1 The seller of an immovable to be built shall be bound, as from the acceptance of the work, by the obligations of architects, contractors and other persons linked to the owner of the work by a contract of lease of the work, who are themselves bound under Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code. These guarantees benefit the successive owners of the building. There will be no need to rescind the sale or reduce the price if the seller undertakes to repair the damage defined in Articles 1792, 1792-1 and 1792-2 of this code and to assume the guarantee provided for in Article 1792-3.

- Article 1647 If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who shall be liable to the buyer for the restitution of the price and other compensation explained in the two preceding articles. But the loss that has occurred by chance will be for the account of the buyer.

- Article 1648 The action resulting from redhibitory defects shall be instituted by the buyer within a period of two years from the discovery of the defect.

- In the case provided for by Article 1642-1, the action shall be instituted, under penalty of foreclosure, within a period of one year following the date on which the seller may be discharged from the defects or apparent defects of conformity.

- Article 1649 It shall not take place in sales made by authority of justice.

ARTICLE 10. Personal information

 

The personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders and for the establishment of invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order. In accordance with the law n°78-17 of January 6, 1978 relating to data processing, data files and liberties, the processing of nominative information collected on the website has been the subject of a declaration to the National Commission for Data Processing and Liberties. The customer has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the customer must send an e-mail to europe@support.information-mesptitspapillons.com. The customer may receive emails from the website of information on the products and activities of MES P'TITS PAPILLONS. The customer retains the right to refuse such communication either a priori by not giving his/her consent at the time of creating his/her customer account, or at any time in the management pages of this account, or by clicking on the unsubscribe link of an informational email, or by sending an email to europe@support.information-mesptitspapillons.com. MES P'TITS PAPILLONS reserves the right to terminate the customer's personal account automatically, without notice, without legal formality and without compensation, by e-mail or by regular mail in case of use of the e-commerce service or the website contrary to public order and / or morality; infringement of intellectual property rights of MES P'TITS PAPILLONS; or misappropriation or unauthorized or fraudulent use of username and password. MES P'TITS PAPILLONS can in no case be held liable against the customer or against third parties for the termination of an account under the conditions provided in this article.

ARTICLE 11. Intellectual Property

 

The intellectual property rights attached to products sold on the website are and remain the exclusive property of MES P'TITS PAPILLONS. All operating rights are exclusively reserved. Under these conditions, no one is allowed to reproduce, exploit, disseminate or use for any purpose whatsoever, even partially, the intellectual property rights, without the prior written consent of MES P'TITS PAPILLONS. The trademarks and logos of MES P'TITS PAPILLONS are registered trademarks. Any reproduction constitutes, therefore, an infringement.

ARTICLE 12. Claims - mediation

 

In case of questions or complaints, the customer may first contact the customer service department of MES P'TITS PAPILLONS by email or telephone at the address indicated in the FAQ or by mail to the headquarters of the company MES P'TITS PAPILLONS 7 boulevard Henri Arnauld 49100 ANGERS France. In case of dispute, the customer has the possibility, if she/he has not obtained satisfaction from the Customer Service of MES P'TITS PAPILLONS, and before any legal action, to resort free of charge to a conventional mediation procedure.

 

ARTICLE 13. Miscellaneous provisions

Ownership of the products is only transferred to the customer after full payment of the price by the latter. The risks concerning the delivered products (in particular loss, theft or deterioration) are nevertheless assumed by the customer from the effective date of delivery. MES P'TITS PAPILLONS cannot be held liable for the total or partial non-performance of its obligations, if it is due to the occurrence of an event of force majeure, having an unforeseeable, irrepressible and external for MES P'TITS PAPILLONS, as recognized by the jurisprudence of French courts, making it impossible to execute the contract. In this case, MES P'TITS PAPILLONS will inform the customer and propose one or more alternative solutions. The occurrence of such an event constitutes a cause for suspension and / or extinction of the obligations of MES P'TITS PAPILLONS to the customer, without compensation to the customer. MES P'TITS PAPILLONS archives the orders and payment receipts on a reliable and durable medium constituting a true copy, in accordance with the legislation in force. The computerized records of MES P'TITS PAPILLONS are considered by the parties as proof of communications, orders, payments and transactions between them. The customer agrees that all correspondence, communications or transmissions of information between MES P'TITS PAPILLONS and herself/himself by electronic means are presumed to have the same probative force as a written paper. If one of the provisions of the GCS would be invalid under a rule of law or a court decision that has become final, it would then be deemed unwritten, without invalidating the contract or alter the validity of its other provisions.

 

 

ARTICLE 14. Applicable Law

 

These GTC and the orders are governed by French law. Modifications and updates on January 14, 2020.