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GTC

The stuffed animal

SAS with a capital of 5,000 euros

Head office: 14 avenue Théophile Gautier – 75016 Paris

820 303 444 RCS Paris

TERMS OF SALES

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 capital of €5,000, registered with the RCS of Paris under the unique identification number 820 303 444 RCS Paris and whose head office is located at 14 avenue Théophile Gautier, 75016 Paris (hereinafter "La Pelucherie" ) will provide the Customer with the Products or Services as they are defined below on the Site, as well as their contractual relationship.

Article 1 - Definitions

In the remainder of these T&Cs and any other contractual document attached thereto, the terms whose first letter appears in capitals will have the following meaning:

  • "Customer" : the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site;
  • "Order" or "Order" : means the action of purchasing a Product by a Customer;
  • "Consumer" , in accordance with the definition of the preliminary article of the Consumer Code: "any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity";
  • “Party(ies)” : The Pelucherie and/or the Customer;
  • “Products” or “Services” : all products (material or immaterial) and services (services) that can be purchased or subscribed to on the Site;
  • "Site" : the website http://www.la-pelucherie.com and all of its pages, property of La Pelucherie;
  • "Seller" : La Pelucherie, offering its Products or Services on the Site.

The Internet user visiting the Site and wishing to Order the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or save them on a durable medium, before placing an Order on the Site.

Article 2 - Application of the T&Cs and purpose of the Site

Application and Modification of the T&Cs

The Seller reserves the right to modify the T&Cs at any time by publishing a new version of them on the Site, without notifying the Customer. The GCS applicable to the Customer are those in force on the day of his Order on the Site.

Purpose of the Site

This Site offers the online sale of toys and stuffed animals.

Acceptance of the T&Cs

The acquisition of a Product or a Service implies the unreserved acceptance, by the Customer, of all of these GCS, who acknowledges by the same fact having read them fully. This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the sentence of acceptance of these GCS, having for example the mention "I acknowledge having read and accepted all the general conditions of the Site" . Ticking this box will be deemed to have the same value as a handwritten signature from the Customer.

Legal capacity

The acceptance of these GCS and the Order on the Site assume on the part of the Customers that they have the necessary legal capacity for this. If the Customer is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.

Article 3 - Characteristics, conformity of the Products

Characteristics of Products and Services

The Products and Services which appear on the Site are the subject of a description which is established by the Seller, in view of its specifications and the information provided by its suppliers.

The Seller describes the actual characteristics of the Products and Services on the Site. However, these may differ at the margin.

The graphic elements (photographs, videos, illustrations) illustrating the Products and Services on the Site do not constitute contractual documents and are presented for illustration and not information purposes only. They should not be considered by the Customer as a determining element of the consent to place an order. The Seller cannot be held responsible if the Products delivered are not identical in all respects to those presented on the Site.

Compliance of Products and Services

The Customer is invited to read any information attached to the Product or on the product or its packaging, in particular information related to any precautions for use, conditions and restrictions of use, maintenance.

The Customer is required to ensure that the Products or Services Ordered correspond to his expectations and needs.

The Products are manufactured within the European Union, in compliance with European regulations.

Article 4 – Availability of Products

The availability of the Products is indicated on the Site, in the description of each Product.

The Products are offered for sale within the limits of available stocks.

In the event of an order for an unavailable Product, the Seller will inform the Customer by e-mail, as soon as it becomes aware of this unavailability, and will indicate the period for restocking the Products.

The Customer may totally or partially cancel his order or accept a Product of equivalent quality and price offered by the Seller.

If the Products Ordered are permanently unavailable, or in the event of the Customer's refusal to wait for the Products to be available again, the Customer will only be debited for the amount of the Products Ordered and shipped, as well as the amount of the shipping costs. of this delivery.

If the Customer has been previously debited the full amount of the initial Order, a refund equivalent to the amount of the undelivered Products and the associated shipping costs will be made within 30 days of the final unavailability of the Product, or the Customer's refusal of the replacement Product, or cancellation of the order by the Customer.

Article 5 - Orders

Command Mode

The Customer can place an Order on the Site or by telephone at the number appearing on the Site.

Order Stage

The steps of the Order are as follows:

  • Choice of the Product(s) or Services that the Customer wishes to Order and placing in a basket, which displays a summary of the Order;
  • Familiarization with the T&Cs by the Customer;
  • Validation of the basket by clicking on the validation button;
  • Provision of Customer identification and Product or Service delivery information;
  • Choice of delivery methods;
  • Choice of payment method for the Order;
  • Display of 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 of an Order confirmation email to the Customer by the Seller containing the entire Order and specifying the delivery conditions and the terms of withdrawal of his order.

The contact details and delivery information provided by the Customer must be up-to-date and real. If this is not the case, the Seller cannot be held responsible in the event of difficulty in delivery.

Error in Order

The Seller can in no way be held responsible for input errors by the Customer when ordering the personalized pouch, nor for their possible consequences and in particular for delays or errors in delivery. In this case, the costs generated by a possible reshipment will be borne by the Customer.

Refusal of the Order

In accordance with article L 122-1 of the Consumer Code, the Seller reserves the right to refuse any Order for legitimate reasons, in particular in the event of payment problems, delivery problems following the provision of incomplete information and/or or imprecise by the Customer, Orders that are abnormally high compared to the orders usually placed by Customers or Orders placed in bad faith.

Archiving

The Seller will archive the 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 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 terms of payment

Price

Unless otherwise stated in writing, the prices appearing on the pages of the Site or the catalog are prices in Euros all taxes included (TTC), taking into account the VAT applicable on the day of the Order and excluding any participation in processing costs, shipping and transportation.

The price indicated on the Site or the catalog does not include shipping costs, payable 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 Site on the day of the Order will be the only one applicable to the Customer.

Payment by credit card or Paypal

The Customer can pay by credit card or Paypal. The Customer warrants to the Seller that he is the holder of the bank card or Paypal account used for payment of the Order and that he has sufficient funds to fully cover the payment of his Order.

Payment will be debited at the time of validation of the Order by the Customer.

If it is impossible to debit the sums due in payment of the Order, 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 the rules of the art.

The Seller has no access to any data relating to the Customer's means of payment except for the last digits of his bank card. Payment is made directly to the bank or payment provider receiving payment from the Client.

Payment by bank transfer (only for orders placed by telephone)

In the event of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GCS only begin to run from the date of actual receipt of payment by the Seller, the latter being able to provide proof of this. by all means. If payment has not reached the Seller within 15 calendar days, the Order may be cancelled, at the Seller's discretion.

Late payment

Any late payment may give rise to 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 costs of 70 euros excluding VAT, incurred for the late collection of the invoice, may be invoiced.

The invoicing of default interest and administrative recovery costs does not prohibit the Seller, at its discretion, from initiating legal proceedings in order to obtain additional damages.

Article 7 - Deliveries

Shipping cost

The delivery costs will be indicated to the Customer before any payment and are invoiced in addition to the price indicated on the Site.

A free shipping offer may sometimes be offered for certain Products, and will be indicated on the Site with its practical terms. If the Order contains other Products not subject to this offer, the delivery costs may be invoiced in proportion to the Products not subject to this offer, at the Seller's discretion.

Place of delivery

The Site has no geographic delivery limitation, Orders can be shipped worldwide.

The delivery costs will be adapted according to the place of delivery:

  • In France and within the European Union;
  • The rest of the world: variable according to the place of delivery.

Delivery will be made to the place indicated by the Customer when ordering.

Customs

In the event of delivery of a Product outside the territory of the European Union and in the DOM-TOM, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be physically unable to provide him with exact 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 view of the applicable legislation.

tax refund

A tax refund of 12% is possible for people residing outside the European Union for more than 6 months per year.

The conditions for benefiting from the tax refund :
- Make a minimum purchase of €100.01 in the last 3 calendar days, in the same e-shop
- Send us a copy of your passport by e-mail to contact@la-pelucherie.com
- Among the various existing choices, reimbursement in cash directly at customs or on your credit card
- An exported item cannot be refunded or exchanged.

delivery time

Unless otherwise stated on the Site during the Order process or in the description of the Products ordered, and except in cases of Force Majeure, the Seller undertakes in all cases to deliver the Products within a maximum period of seven (7) days. after the conclusion of the contract with a Customer.

The Customer will be notified by the Seller of the date of shipment. It is the Customer's responsibility to ensure that the Order can be received by himself or any person present at his address.

In the event of the Customer's absence on the date scheduled for delivery, and if the package is returned to the Seller if the Customer has not collected it, the Seller may ask the Customer to pay the delivery costs if he wishes the Order to be returned to him.

Transfer of ownership and risk

Ownership of the Products is transferred either:

  • if the Order has been fully paid for before delivery: by signing the Seller's or carrier's delivery note by the person who received the products, depending on the delivery method chosen.
  • If the Order has not been paid for at the time of delivery: upon receipt of full payment by the Seller.

Delivery can be made to the Customer himself or to any person present at the address indicated at the time of delivery.

Any risk of loss, theft or damage to the Product(s) is transferred to the Customer alone when the delivery note is signed.

Parcel refusal

The Customer or the person receiving the Order may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then imperatively be 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 his right of refusal, the Customer or the person receiving the Order must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods.

Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required 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 him what to do with his Order.

If the Customer or the person receiving the Order has mistakenly refused the parcel, he may ask for it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for Orders for which postage was offered when the Order was placed.

Delivery error or exchange

In the event of a delivery or exchange error (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 in a perfect state. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.

Late delivery

In accordance with Article L114-1 of the Consumer Code, any delay in delivery exceeding seven (7) days, and except in the event of Force Majeure, may result in the cancellation of the sale at the Customer's initiative, on request written on his part by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery, he has not complied.

The Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of Force Majeure.

Loss by carrier

The Seller cannot be held liable for damages and indirect or consequential damages, whatever the cause, related to the loss or damage of the Customer's shipment by the carrier, nor for the pecuniary consequences, direct or indirect , resulting.

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 his Order or the conclusion of the contract for the provision of Services, to withdraw. He will be required to return any Product that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen days of receipt by the Seller of the refund request.

The Product must be returned in perfect condition. If necessary, 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 the latter, due to its nature, cannot normally be returned by post.

If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.

The transfer of risks will be made upon receipt of the Product by the Seller, after verification of its condition.

It is recommended that the Customer make the return using a solution allowing the tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the latter.

Reimbursement will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the Seller using another method of payment, and insofar as the reimbursement does not give rise to costs for the Customer.

The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not previously taken place. .

In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

Restriction on withdrawal

Pursuant to Article. L. 121-21-8 of the Consumer Code, the right of withdrawal is limited to the following cases:

  • Supply of Products made to the consumer's specifications or clearly personalized;
  • Supply of Products which cannot be returned for reasons of hygiene or health protection.

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 the attention of La Pelucherie SAS, 14 avenue Théophile Gautier 75016, Paris

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of Client(s):

Address of the Client(s):

Signature of the Client(s) (only in the event of notification of this form on paper):

Date :

(*) Strike out the useless mention.

Pursuant to Article. L. 121-21-8 of the Consumer Code, the right of withdrawal is limited to the following cases:

  • Supply of Products made to the consumer's specifications or clearly personalized;
  • Supply of Products which cannot be returned for reasons of hygiene or health protection.

Section 9 - Customer Service

The customer service of this Site is accessible by e-mail at the following address: contact@la-pelucherie.com or by post at the address indicated in the legal notices.

The Seller also provides its Customers with telephone support to answer their questions. The helpline can be contacted by telephone on 0644660554 (non-surcharged number).

Article 10 - Warranty

The Products marketed 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 non-conformity) or articles 1641 to 1649 of the Civil Code (guarantee against hidden defects)

In the event of non-compliance of the Products or application of the guarantee against hidden defects, the Customer may then, at his option:

  • Either be delivered with a product of equivalent quality and price, within the limits of available stocks.
  • Either be reimbursed for the price of the product ordered within 14 days of its request.

The Customer has a period of two (2) years from the Order to implement this guarantee.

The delivery costs of 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 e-mail address appearing in these GCS.

The Seller will then inform the Customer of the procedure to follow for the return, and if necessary, the refund of the Product.

Article 11 – Liability

The Seller will only be liable for direct damages caused to the Customer in the context of the execution of these GCS.

The Seller cannot under any circumstances be held liable for consequential damages caused to the Customer in the context of the execution of these GCS.

The Seller's liability under an Order may not exceed the value of the said Order.

Article 12 – Site

The Site is freely accessible and free to use by any Client.

The Seller does not undertake any quality of service 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 servers (outside normal use of the Site) or computers of the Seller's network;
  • Attempt to upload viruses, Trojan horses, or any other invasive or illegal program to the Site or its servers;
  • Extract data from the Site without prior written permission from the Seller
  • Use the Site in an illegal manner or in violation of these T&Cs 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 Seller, or;
  • where applicable, the property of a third party who has provided a user license to the Seller.

These elements are protected worldwide.

These T&Cs do not grant any intellectual property rights to the Customer, who may not reproduce any of the elements of the Site and the Products, in part or in whole, 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 damage.

Article 14 – Personal data

In accordance with the General Regulations on the Protection of Personal Data (EU Regulation 2016/679 of April 27, 2016), the processing of personal data is dealt with in the Privacy Policy of La Pelucherie.

Article 15 - General

Entire Agreement

These T&Cs prevail over any other provision potentially applicable to the transaction. These T&Cs 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 and following, and L.156-1 and following of the Consumer Code, the Customer has the possibility, in the event of a dispute with the Pelucherie, to have recourse free of charge to the Consumer Mediator whose the contact details are as follows:

Cooperative Trade Mediator and Associate

FCA

77 rue de Lourmel

75015 Paris

Exclusivity

No exclusivity is concluded between the Parties by the acceptance of these GCS. The Parties remain free to contract with the third parties of their choice.

Survival of certain stipulations

The end of these T&Cs, for any reason whatsoever, does not constitute an end for clauses whose nature or content require their maintenance.

Partial invalidity

If one or more stipulations of these T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, they will be deemed unwritten on other stipulations will retain all their force and scope.

Non-waiver and tolerance

The fact for one of the Parties not to avail itself to the other Party of a breach of any of the obligations referred to in these GCS cannot be interpreted for the future as a waiver of the obligation in question and does not have the effect of granting the other Party acquired rights.

A failure or delay in the exercise of a right by one of the Parties cannot be interpreted as a waiver of this right.

Independence

None of the Parties may make a commitment in the name and/or on behalf of the other. In addition, each of the Parties remains solely responsible for its acts, allegations, commitments, services, products and personnel.

Evidence

The Parties accept that all electronic communications, in particular e-mail, are proof between them.

The Customer acknowledges in particular the value of proof of the Vendor's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.

Force Majeure

In the context of the execution of these GCS, the Parties shall not be held liable in the event of a failure to perform their obligations due to any event of Force Majeure.

For the purposes of these T&Cs, Force Majeure is understood as any event that is unforeseeable, irresistible and external to the Parties within the meaning of French law and case law.

In the event of the occurrence of a case of Force Majeure, this will have the effect of suspending the performance of the obligations of the Party which is prevented from performing them, provided however that it immediately notifies its existence to the other Party, that it does its best to limit the consequences and that it resumes the execution of the GTC as soon as the event or circumstances of force majeure disappear or cease.

If it is impossible to continue the execution of the GCS, the Order will be cancelled.

Applicable law and competent jurisdiction

The law applicable hereto is French law.

Any dispute relating to the execution or interpretation of these GCS, not resolved amicably between the Parties, will be submitted to the competent court within the jurisdiction of the PARIS Court of Appeal, including in matters of summary proceedings, an action in warranty or of a plurality of defendants.