GTC
La Pelucherie
SAS with a capital of 5,000 euros
Registered office: 14 avenue Théophile Gautier – 75016 Paris
820 303 444 R.C.S Paris
GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (hereinafter the "GTC") define the terms and conditions under which La Pelucherie, a simplified joint-stock company with a capital of €5,000, registered with the Paris Trade and Companies Register under unique identification number 820 303 444 RCS Paris and whose registered office is located at 14 avenue Théophile Gautier, 75016 Paris (hereinafter "La Pelucherie") will provide the Customer with the Products or Services as defined below on the Website, as well as their contractual relationship.
Article 1 - Definitions
In the remainder of these GTC and any other related contractual document, terms whose first letter is capitalized will have the following meaning:
- "Customer": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Website;
- "Order" or "To Order": means the action of purchasing a Product by a Customer;
- "Consumer", in accordance with the definition in the preliminary article of the French Consumer Code: "any natural person who acts for purposes that do not fall within the scope of their commercial, industrial, craft, or liberal activity";
- "Party(ies)": La Pelucherie and/or the Customer;
- "Products" or "Services": all products (tangible or intangible) and services (prestations) that can be purchased or subscribed to on the Website;
- "Website": the website http://www.la-pelucherie.com and all its pages, owned by La Pelucherie;
- "Seller": La Pelucherie, offering its Products or Services on the Website.
The internet user visiting the Website and wishing to Order the Products and Services offered by the Seller is invited to carefully read these GTC, to print them and/or save them on a durable medium, before placing an Order on the Website.
Article 2 - Application of the GTC and purpose of the Website
Application and Modification of the GTC
The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Website, without notifying the Customer. The GTC applicable to the Customer are those in force on the day of their Order on the Website.
Purpose of the Website
This Website offers online sales of toys and stuffed animals.
Acceptance of the GTC
The acquisition of a Product or Service implies the Customer's unreserved acceptance of all of these GTC, who acknowledges having full knowledge of them. This acceptance may consist, for example, for the Customer, in checking the box corresponding to the acceptance phrase of these GTC, for example stating "I acknowledge having read and accepted all of the general terms and conditions of the Website". Checking this box will be deemed to have the same value as a handwritten signature from the Customer.
Legal capacity
Acceptance of these GTC and ordering on the Website assume that Customers have the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.
Article 3 - Characteristics, conformity of Products
Characteristics of Products and Services
The Products and Services listed on the Website are subject to a description established by the Seller, based on its specifications and the information provided by its suppliers.
The Seller describes the actual characteristics of the Products and Services on the Website. These may, however, differ marginally.
The graphic elements (photographs, videos, illustrations) illustrating the Products and Services on the Website do not constitute contractual documents and are presented for illustrative purposes only, not for information. They should not be considered by the Customer as a determining element of consent to place an order. The Seller cannot be held responsible if the delivered Products are not identical in all respects to those presented on the Website.
Conformity of Products and Services
The Customer is invited to take note of any information attached to the Product or appearing on the product or its packaging, particularly information related to possible precautions for use, conditions and restrictions of use, and maintenance.
The Customer is responsible for ensuring that the Ordered Products or Services meet their expectations and needs.
The Products are manufactured within the European Union, in compliance with European regulations.
Article 4 - Availability of Products
The availability of Products is indicated on the Website, in the descriptive sheet for each Product.
Products are offered for sale within the limits of available stock.
In the event of an order for an unavailable Product, the Seller will inform the Customer by email, as soon as this unavailability is known, and will indicate the restocking time for the Products.
The Customer may cancel their order partially or entirely or accept a Product of equivalent quality and price offered by the Seller.
If the Ordered Products are permanently unavailable, or if the Customer refuses to wait for the Products to be available again, the Customer will only be debited for the amount of the Ordered and shipped Products, as well as the shipping costs for this delivery.
If the Customer has previously been debited the full amount of the initial Order, a refund equivalent to the amount of the undelivered Products and associated shipping costs will be made within 30 days from the definitive unavailability of the Product, or the Customer's refusal of the replacement Product, or the cancellation of the order by the Customer.
Article 5 - Orders
Order Method
The Customer can place an Order on the Website or by phone at the number displayed on the Website.
Order Steps
The steps for placing an Order are as follows:
- Selection of the Product(s) or Service(s) the Customer wishes to Order and adding them to the cart, which displays a summary of the Order;
- Customer's review of the GTC;
- Validation of the cart by clicking on the validation button;
- Optional addition of a personalized message for the gift recipient;
- Provision of Customer identification and delivery information for the Products or Service;
- Choice of delivery methods;
- Choice of payment method for the Order;
- Viewing the Order summary (items, price, delivery method, payment method) for final validation;
- Validation of the Order and conclusion of the contract between the Customer and the Seller;
- Sending a Order confirmation email to the Customer by the Seller, summarizing the entire Order and specifying the delivery conditions and withdrawal procedures for their order.
The contact details and delivery information provided by the Customer must be up-to-date and accurate. If this is not the case, the Seller cannot be held responsible for any delivery difficulties.
Error in the Order
The Seller cannot under any circumstances be held responsible for entry errors made by the Customer when ordering the personalized pouch, nor for their possible consequences, particularly delays or delivery errors. In this case, any costs incurred by a possible re-shipment will be borne by the Customer.
Refusal of Order
In accordance with Article L 122-1 of the French Consumer Code, the Seller reserves the right to refuse any Order for a legitimate reason, particularly in case of payment problems, delivery problems due to incomplete and/or inaccurate information provided by the Customer, abnormally high Orders compared to those usually placed by Customers, or Orders placed in bad faith.
Archiving
The Seller will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 121-16-3 of the French Consumer Code. The computerized registers will be considered by the parties as proof of communications, Orders, payments, and transactions between the parties.
Article 6 - Price and payment terms
Price
Unless otherwise stated in writing, the prices appearing on the Website pages or in the catalog are prices in Euros including all taxes (TTC), taking into account the VAT applicable on the day of the Order, and excluding any potential contribution to processing, shipping, and transport costs.
The price indicated on the Website or in the catalog does not include shipping costs, which are borne by the Customer, in addition to the price.
The Seller reserves the right to pass on any change in the VAT rate to the price of the Products or Services.
The Seller also reserves the right to modify its prices at any time. Nevertheless, the price appearing on the Website on the day of the Order will be the only one applicable to the Customer.
Payment by credit card or Paypal
The Customer can make their payment by credit card or Paypal. The Customer guarantees the Seller that they are the holder of the credit card or Paypal account used for payment of the Order and that they have sufficient funds to fully cover the payment of their Order.
Payment will be debited at the time of Order validation by the Customer.
In the event that the sums due in payment of the Order cannot be debited for any reason whatsoever, the Order will be cancelled.
Payments by credit card or Paypal are made through secure transactions provided by an online payment platform provider acting according to best practices.
The Seller does not have access to any data relating to the Customer's payment methods, with the exception of the last digits of their credit card. Payment is made directly to the bank or payment provider receiving the Customer's payment.
Payment by check or bank transfer
In case of payment by check or bank transfer, the delivery times defined in the "Deliveries" article of these GTC will only begin to run from the actual date of receipt of payment by the Seller, who can prove this by any means. If payment has not reached the Seller within 15 calendar days, the Order may be canceled, at the Seller's discretion.
In case of payment by check, proof of identity may be requested from the Customer by the Seller.
The check must be made out, including fees and with the Order number on the back, to the following order:
"La Pelucherie"
Late payment
Any late payment may result in the invoicing of late payment penalties without any prior formal notice being necessary. The rate of these penalties is equal to three times the legal interest rate.
In the event of acceptance of a package despite late payment, administrative fees of 70 euros ex-tax, incurred for the late collection of the invoice, may be invoiced.
The invoicing of late interest and administrative collection fees does not prohibit the Seller, at its discretion, from initiating legal proceedings to obtain additional damages.
Article 7 - Deliveries
Delivery costs
Delivery costs will be indicated to the Customer before any payment and are invoiced in addition to the price indicated on the Website.
A free shipping offer may sometimes be proposed for certain Products, and will be indicated on the Website with its practical terms. If the Order contains other Products not subject to this offer, delivery costs may be charged proportionally for the Products not subject to this offer, at the Seller's discretion.
Delivery Location
The Website has no geographical delivery limitations; Orders can be shipped worldwide.
Delivery costs will be adjusted according to the delivery location:
Delivery will be made to the location indicated by the Customer when placing their Order.
Customs
In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Customer declares themselves to be the importer of the Product and accepts that in such a case the Seller may be materially unable to provide them with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Any tax not indicated during the Order process may be charged to the Customer by the administrations of the country concerned, in accordance with applicable legislation.
Tax refund
A 12% tax refund is possible for individuals residing outside the European Union for more than 6 months a year.
Conditions for benefiting from the tax refund:
- Make a minimum purchase of €100.01 within the last 3 calendar days, in the same e-shop.
- Send us a copy of your passport by email to contact@la-pelucherie.com
- Among the different existing choices, reimbursement in cash directly at customs or to your credit card
- An exported item cannot be refunded or exchanged.
Delivery time
Unless otherwise indicated on the Website during the Order process or in the description of the ordered Products, and except in cases of Force Majeure, the Seller undertakes in all cases to deliver the Products within a maximum of seven (7) days after the conclusion of the contract with a Customer.
The Customer will be notified by the Seller of the shipping date. It is the Customer's responsibility to ensure that the Order can be received by themselves or any person present at their address.
In the event of the Customer's absence on the scheduled delivery date, and if the package is returned to the Seller due to non-collection by the Customer, the Seller may request the Customer to pay the delivery costs if the Customer
wishes the Order to be resent to them.
Transfer of ownership and risks
Ownership of the Products is transferred either:
- if the Order has been fully paid before delivery: by the signature of the Seller's or carrier's delivery note by the person who received the products, according to the chosen delivery method.
Delivery can be made to the Customer themselves or to any person present at the indicated address at the time of delivery.
Any risk of loss, theft, or damage to the Product(s) is transferred solely to the Customer at the time of signing the delivery note.
Refusal of parcel
The Customer or the person receiving the Order may refuse a parcel at the time of delivery if they notice an anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged parcel, broken products, etc.); any anomaly must then be imperatively indicated on the delivery note, in the form of handwritten reservations, accompanied by the signature of the Customer or the person receiving the Order.
To exercise their right of refusal, the Customer or the person receiving the Order must open the damaged or defective parcel(s) in the presence of the carrier and have them take back the damaged goods.
Failing to comply with these requirements, the Customer will not be able to exercise their right of refusal, and the Seller will not be obliged to accede to the Customer's request to exercise the right of refusal.
If the Customer's parcel is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the returned parcel to ask for instructions regarding their Order.
If the Customer or the person receiving the Order has mistakenly refused the parcel, they may request its re-dispatch by first paying the postal charges for the new shipment. Postal charges must be paid even for Orders for which shipping was free during the initial Order.
Delivery error or exchange
In the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Customer is a Consumer), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Customer cannot be attributed to the Seller.
Late delivery
In accordance with Article L114-1 of the Consumer Code, any delivery delay exceeding seven (7) days, and except in cases of Force Majeure, may result in the termination of the sale at the Customer's initiative, upon written request from them by registered letter with acknowledgment of receipt, if, after having instructed the Seller to make the delivery, they have not complied.
The Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delivery delay is due to a case of Force Majeure.
Loss by carrier
The Seller shall not be held responsible for indirect or immaterial damages, whatever their cause, related to the loss or damage of the Customer's shipment by the carrier, nor for the direct or indirect financial consequences resulting therefrom.
Article 8 - Right of withdrawal and withdrawal form
In accordance with Article L.121-21 of the Consumer Code, and if the right of withdrawal is applicable, the Customer has a period of fourteen (14) working days from the date of receipt of the Product of their Order or the conclusion of the contract for the provision of Services, to withdraw. They will be required to return any Product that does not suit them and request an exchange or refund without penalty, with the exception of return costs, within fourteen days from the receipt by the Seller of the refund request.
The Product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. The Customer can find below a standard withdrawal form for an Order placed on the Site, to be sent to the Seller.
It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if, due to its nature, it cannot normally be returned by post.
If the above obligations are not met, the Customer will lose their right of withdrawal and the Product will be returned to them at their expense.
The transfer of risks will take place upon receipt of the Product by the Seller, after verification of its condition.
The Customer is advised to return the parcel using a solution that allows parcel tracking. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to initiate an investigation with the postal services to request them to locate it.
The refund will be made using the same payment method as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller uses another payment method, and provided that the refund does not incur any costs for the Customer.
The Seller also reserves the right to postpone the refund until receipt of the Product or as long as the Customer has not demonstrated that they have shipped the Product, if such a demonstration has not been made previously.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer's liability may be engaged.
Restriction on withdrawal
In application of Article L. 121-21-8 of the Consumer Code, the right of withdrawal is limited for the following cases:
- Supply of Products made to the consumer's specifications or clearly personalised;
- Supply of Products that cannot be returned for hygiene or health protection reasons.
Withdrawal form
In accordance with Article L121-17 of the Consumer Code ("Hamon Law") of June 2014, the Customer can find below a standard withdrawal form for an Order placed on the site:
Withdrawal
(Please complete and return this form only if you wish to withdraw from the contract.)
To La Pelucherie SAS, 45 avenue de Segur, 75007, Paris
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of Customer(s):
Address of Customer(s):
Signature of Customer(s) (only in case of notification of this form on paper):
Date:
(*) Delete as appropriate.
In application of Article L. 121-21-8 of the Consumer Code, the right of withdrawal is limited for the following cases:
- Supply of Products made to the consumer's specifications or clearly personalised;
- Supply of Products that cannot be returned for hygiene or health protection reasons.
Article 9 - Customer Service
The customer service of this Site is accessible by email at the following address: contact@la-pelucherie.com or by postal mail at the address indicated in the legal notices.
The Seller also provides its Customers with telephone assistance to answer their questions. Telephone assistance can be reached by phone at 0644660554 (non-premium rate number).
Article 10 - Warranty
Repair
La Pelucherie plush toys are guaranteed for life. The lifetime warranty extends to all sewing or manufacturing defects outside of normal use of the Plush toy.
If the Plush toys concerned by the manufacturing defect come from La Pelucherie des Champs Elysées, the workshop will draw up a quote for this repair. The customer will be free to accept it or not.
Satisfied or refunded
The Customer has the legal withdrawal period of fourteen (14) days to exercise their right of withdrawal without having to give reasons or pay penalties, with the exception of return costs.
The fourteen (14) day withdrawal period runs from the day after receipt of the Product or the last Product in the case of an order for a Product composed of multiple parts whose delivery is staggered over a defined period, by the Customer or by a third party other than the carrier and designated by them. In this case, only the price of the purchased product(s) will be refunded, and not the shipping costs. The products must be returned in their original and complete condition (packaging, accessories, etc.) so that they can be remarketed as new.
La Pelucherie plush toys are guaranteed for life. The lifetime warranty extends to all sewing or manufacturing defects outside of normal use of the Plush toy.
Returns should be sent to the following address:
La Pelucherie – 21 bd delessert 75016 Paris
We undertake to refund or exchange products that do not match your order (defective or non-compliant). These refunds will be made within a maximum of 15 days after we receive the products. The refund will be made by transfer to the account of the card used for payment.
Products sold by the Seller are subject to the legal guarantees of the Consumer Code and the Civil Code, and more particularly Articles L.211-4 to L211-14 of the Consumer Code (guarantee of conformity) or Articles 1641 to 1649 of the Civil Code (guarantee against hidden defects).
In the event of non-conformity of the Products or the application of the guarantee against hidden defects, the Customer may then, at their choice:
- Either be delivered a product of equivalent quality and price, within the limits of available stock.
- Or be reimbursed for the price of the ordered product within 14 days of their request.
The Customer has a period of two (2) years from the Order to implement this guarantee.
The delivery costs for a new product will be borne by the Seller.
In the event of implementation of the guarantee, the Customer must contact customer service at the email address listed in these General Terms and Conditions of Sale.
The Seller will then inform the Customer of the procedure to follow for the return, and if applicable, the refund of the Product.
Article 11 – Liability
The Seller will only be responsible for direct damages caused to the Customer within the framework of the execution of these GTC.
The Seller may in no case be held responsible for indirect damages caused to the Customer within the framework of the execution of these GTC.
The Seller's liability, within the framework of an Order, may not exceed the value of the said Order.
Article 12 – Site
Access to and use of the Site is free of charge for all Customers.
The Seller does not undertake any service quality obligation for its Site and will make its best efforts to ensure that it is accessible.
Security
The Customer undertakes not to act in the following manner, without this list being exhaustive:
- Act in a way that could compromise the operation of the Site;
- Attempt to access the Seller's network servers (outside normal use of the Site) or computers;
- Attempt to upload viruses, Trojans, or any other invasive or illegal program to the Site or its servers;
- Extract data from the Site without prior written authorization from the Seller
- Use the Site in an illegal manner or in violation of these GTC or any applicable law.
Article 13 – Intellectual Property
The texts, images, domain names, trademarks, designs, models, patents, software, databases used on the Site, are:
- the property of the Seller, or;
- where applicable, the property of a third party who has provided a license to use to the Seller.
These elements are protected worldwide.
These GTC do not grant any intellectual property rights to the Customer, who cannot reproduce any of the elements of the Site and the Products, partially or totally, without the prior written consent of the Seller.
Any partial or total reproduction of these elements may constitute an infringement. The Seller reserves the right to take any action that may be necessary to assert its rights and repair its prejudice.
Article 14 – Personal data
In accordance with the General Data Protection Regulation (EU Regulation 2016/679 of April 27, 2016), the processing of personal data is handled in La Pelucherie's Privacy Policy.
Article 15 - General Provisions
Entire Agreement
These GTC prevail over any other provision potentially applicable to the transaction. These GTC cancel and replace any prior commitment of the Parties relating to the subject matter and constitute the entire agreement between the Parties with regard to the subject matter hereof.
Consumer Mediation
In accordance with the provisions of Articles L.152-1 et seq., and L.156-1 et seq. of the Consumer Code, the Customer has the possibility, in the event of a dispute with La Pelucherie, to resort free of charge to the Consumer Mediator, whose contact details are as follows:
Médiateur du Commerce Coopératif et Associé
FCA
77 rue de Lourmel
75015 Paris
Exclusivity
No exclusivity is concluded between the Parties by the acceptance of these GTC. The Parties remain free to contract with third parties of their choice.
Survival of certain stipulations
The termination of these GTC, for whatever cause, shall not constitute a term for clauses whose nature or content require their maintenance.
Partial invalidity
Should one or more stipulations of these GTC be held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, they shall be deemed unwritten and the other stipulations shall retain their full force and scope.
Non-waiver and tolerance
The fact that one of the Parties does not invoke against the other Party a breach of any of the obligations contained in these GTC shall not be interpreted in the future as a waiver of the obligation in question and does not grant the other Party acquired rights.
A failure or delay in exercising a right by one of the Parties cannot be interpreted as a waiver of that right.
Independence
Neither Party may make a commitment in the name and/or on behalf of the other. Furthermore, each Party remains solely responsible for its acts, statements, commitments, services, products, and personnel.
Proof
The Parties agree that all electronic communications, particularly email, shall constitute proof between them.
The Customer acknowledges, in particular, the probative value of the Seller's automatic recording systems and, unless they can provide proof to the contrary, waives the right to contest them in the event of a dispute.
Force Majeure
Within the scope of these GTC, the Parties shall not be held liable for any failure to perform their obligations due to any event of Force Majeure.
For the purposes of these GTC, Force Majeure means any unforeseeable event, irresistible and external to the Parties, as defined by French law and jurisprudence.
Should an event of Force Majeure occur, it shall have the effect of suspending the performance of the obligations of the Party prevented from performing them, provided that it immediately notifies the other Party of its existence, that it does its best to limit its consequences, and that it resumes performance of the GTC as soon as the event or circumstances of force majeure disappear or cease.
If it is impossible to continue the performance of the GTC, the Order will be cancelled.
Governing law and competent jurisdiction
The applicable law hereto is French law.
Any dispute relating to the execution or interpretation of these GTC, not resolved amicably between the Parties, shall be submitted to the competent court within the jurisdiction of the PARIS Court of Appeal, including in urgent proceedings, third-party proceedings, or in the event of multiple defendants.