General Terms of Sale and Use
1. About Us
The Company LA PETITE BOUTIQUE EIRL, with a capital of 300 euros, whose head office is at PORNICHET (44380) 135 Avenue of General de Gaulle FRANCE, registered in the register of trade and companies of SAINT NAZAIRE under the number 445 244 916 represented by Mr POUFFARY (the “Society”). The Company offers the following services: sale of ethnic fashion items: bags, necklaces, bracelets, earrings, sandals, kikoys, sandals and more.
The Company invites its Users to carefully read these General Terms of Sale and Use (‘CGV/CGU’). The CGV/CGU applies to all Services provided by the Company to its Customers of the same category, regardless of the clauses that may be written on the Client’s documents and in particular its terms and conditions of purchase.
The CGVs/CGU are systematically communicated to the Customer who requests them.
The Customer is required to check the CGV/CGU before any ordering.
In the event of a subsequent change in the CGV/CGU, the Customer is subject to the version in force at the time of his Order.
The data stored in the Company’s computer system is evidence of transactions with the Client.
“Client” refers to any individual or legal person who place an Order on this Website;
“Order” refers to any order placed by the User registered on this Site, in order to benefit from the Company’s Services;
“General Terms of Sale and Use” or “CGV/CGU” refer to these terms and conditions of online sales and use;
“Consumer” refers to the natural buyer who does not act for professional purposes and/or outside of his professional activity;
“Professional” refers to the legal or physical purchaser who acts in the course of his professional activity;
“Services” refers to all services offered to Users by the Company through this Site;
“Site” refers to this Site, that is, www.lapetiteboutique.biz;
“Company” refers to the Company LA PETITE BOUTIQUE EIRL, more broadly referred to in Article I of these; and “User” refers to anyone who uses the Site.
Registration for the Site is open to all major legal or physical persons with their full legal personalities and abilities.
The use of the Services offered on the Site is conditional on the user’s registration on the Site. Registration is free.
To register, the User must complete all the required fields, without which the service cannot be delivered. Otherwise the registration cannot be completed.
Users guarantee and declare on the honor that all information communicated on the Site, especially when they are registered, is accurate and in line with reality. They undertake to update their personal information from the page dedicated to them and available in their account.
Any registered user has an ID and password. These are strictly personal and confidential and must not be disclosed to third parties under any circumstances or the account of the offending registered User will be deleted. Each Registered User is personally responsible for maintaining the confidentiality of their username and password. The Company will not be held responsible for the impersonation of a User. If a User suspects fraud at any time, they should contact the Company as soon as possible so that the Company can take the necessary steps and regularize the situation.
Each User, whether a legal or physical person, can only hold an account on the Site.
In the event of non-compliance with the CGV/CGU, including the creation of multiple accounts for a single person or the provision of false information, the Company reserves the right to proceed with the temporary or permanent deletion of all accounts created by the offending Registered User.
The deletion of the account results in the permanent loss of all benefits and services acquired on the Site. However, any orders made and invoiced by the Site prior to the deletion of the account will be executed under normal conditions.
In the event of the deletion of an account by the Company for breach of the duties and obligations set out in the CGV/CGU, the offending User is strictly prohibited from re-registering on the Site directly, through another email address or by person interposed without the Express permission of the Company.
5. Service and price
The Services subject to the CGV/CGU are those that appear on the Site and are offered directly by the Company or its partner providers.
The services are described on the corresponding page within the Site and mention is made of all their essential characteristics. The Company cannot be held responsible for the impossibility of carrying out the service when the User is not eligible.
When a registered User wishes to obtain a service service sold by the Company through the Site, the price shown on the service page corresponds to the price in euros all taxes included (TTC) and takes into account applicable discounts and in effective on the day of the order. The listed price does not include the incidental charges that will be listed in the summary before ordering.
The Company reserves the option of changing its rates at any time. It undertakes to charge the services at the rate applicable at the time of their order. For services whose price cannot be known or indicated with certainty, a detailed quote will be sent to the Customer.
Under no circumstances will a User be able to require the application of discounts no longer in effect on the day of the Order.
All Orders can only be made when the User has registered on the Site. The User, when logged into his account, can add Services to his virtual shopping cart. He can access the summary of his virtual shopping cart to confirm the Services he wants to order and make his Order by pressing the “Commander” button.
He will then have to provide his address, the method of delivery and a valid payment method in order to finalize the order and effectively form the sales contract between him and the Company.
The registration of an Order on the Site is made when the Customer accepts the CGV/CGU by checking the box provided for this purpose and validating his Order. This validation is proof of the sales contract. The finalization of the Order implies the acceptance of the prices and the terms of the performance of the services as indicated on the Site.
Once the Order has been placed, the Customer will receive confirmation by email. This confirmation will summarize the Order and information on the performance of the service or services.
In the event of a default, the Customer’s incorrect address or other problems on the Customer’s account, the Company reserves the right to block the Customer’s order until the issue is resolved. If the service is not possible, the Customer will be informed by e-mail to the address he has provided to the Company. The cancellation of the order for this service and its refund will be carried out in this case, the rest of the order remaining firm and final.
7. Payment deadlines and terms
Unless otherwise stated, all sales are paid in cash at the time of the Order.
Depending on the nature or amount of the Order, the Company remains free to require a down payment or payment of the full price when the Order is placed or when the invoice is received.
Payment can be made by:
In the event of a total or partial default of the benefits on the date agreed on the invoice, the Professional Client will have to pay the Company a late penalty, the rate of which is equal to the rate charged by the European Central Bank for its refinancing plus 10 percentage points. The successful financing transaction is the most recent on the date of the Service Benefits Order.
In addition to the late payments, any amount, including the down payment, not paid on its due date will directly result in the payment of a lump sum payment of 40 euros due for collection costs.
In the event of a total or partial default on benefits on the date agreed upon on the invoice, the Consumer Customer will have to pay the Company a late penalty at the rate of interest equal to the statutory interest rate.
No compensation may be made by the Customer between late penalties in the provision of the services ordered and sums due by the Customer to the Company for the purchase of Services offered on the Site.
The penalty due by the Customer, Professional or Consumer, is calculated on the amount of all taxes included in the remaining amount due, and runs from the due date of the price without any prior notice being required.
In the event of non-compliance with the terms of payment described above, the Company reserves the option to cancel or suspend the sale.
8. Delivering benefits
The service ordered on the Site will be provided by: The Company
The Company is committed to using all human and material means to carry out the delivery on time announced at the time of the order. However, it cannot be held responsible for delays in the performance of benefits caused by faults attributable to it.
If the benefits have not been completed within the expected time frame, the resolution of the sale may be requested by the Customer under the terms of articles L216-2 and L216-3 of the Consumer Code. The sums paid by the Client will be returned to him no later than 14 days after the date of the contract.
This provision does not apply when the Company’s delay is due to a fault of the Client or a case of force majeure, i.e. the occurrence of an unpredictable event, irresistible and beyond the company’s control.
In the event that the performance of a physical benefit could not have been performed or was postponed due to an error in the address indicated by the Client, the travel expenses of the provider mandated by the Company to carry out the service unsuccessful will be at the customer’s expense.
For all orders made on this Site, the Customer has a claim right of 7 days from the service’s provision.
In order to exercise this right of claim, the Client must send to the Company, at the address LA PETITE BOUTIQUE 135 Avenue of General de Gaulle (44380) Pornichet FRANCE, a statement in which he expresses his reservations and claims, with supporting it Related.
A claim that does not meet the conditions described above cannot be accepted.
After reviewing the claim, the Site may, if necessary, replace or reimburse the service provided as soon as possible and at its own expense.
10. Consumer right to withdraw
The Consumer has a 14-day right of withdrawal from the order, except for the products mentioned in Article L221-28 of the Consumer Code as reproduced below:
“The right of withdrawal cannot be exercised for contracts:
(1) Providing services fully executed before the end of the withdrawal period and whose execution began after the consumer’s express prior agreement and express renunciation of his right of withdrawal;
(2) The provision of goods or services whose price depends on fluctuations in the financial market that are beyond the control of the professional and which may occur during the withdrawal period;
(3) Supplying goods made to consumer specifications or clearly customized; (4) Supplying goods that can deteriorate or perish rapidly;
(5) Supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
(6) The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
(7) The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the professional’s control;
(8) Maintenance or repair work to be carried out in an emergency at the consumer’s home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;
(9) Providing audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
(10) Providing a newspaper, periodical or magazine, except for subscription contracts to these publications;
(11) Concluded in a public auction;
(12) Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities that must be provided at a specified date or time;
(13) Provision of digital content not provided on a material medium whose execution began after express prior agreement of the consumer and express renunciation of his right of withdrawal.”
To exercise this right of withdrawal, the Consumer sends a statement of retraction to the address LA PETITE BOUTIQUE 135 Avenue of General de Gaulle (44380) Pornichet FRANCE.
He will be reimbursed for the full cost of providing services within 14 days of the Company’s receipt of its retraction statement. The refund will be made by the same means of payment as the one used to purchase.
However, if the service delivery is already commenced on the date the Company becomes aware of the withdrawal, the value of the service already provided will be deducted from the refund. The latter will be operated by the same means of payment as for the purchase.
11. Processing personal data
Registration on the Site involves processing the Client’s personal data. If the Client refuses to process his data, he is asked to refrain from using the Site.
This processing of personal data is done in accordance with the General Data Protection Regulations 2016/679 of 27 April 2016.
Furthermore, in accordance with the Computer and Freedoms Act of 6 January 1978, the Client has, at all times, a right to question, access, correct, modify and object to all of his personal data by writing, by mail and justifying his identity, at the following address: firstname.lastname@example.org.
This personal data is necessary to process your Order and to make invoices if necessary, as well as to improve the functionality of the Site.
12. Sharing the collected data
The Site may use third-party companies to perform certain transactions. By browsing the Site, the Client agrees that third-party companies can have access to its data to allow the Site to function properly.
These third-party companies only have access to the data collected as part of a specific task. The Site remains responsible for processing this data.
In addition, the User may be required to receive information or commercial offers from the Company or its partners.
The User may object at any time to the receipt of these commercial offers, by writing to the company’s address listed above.
In addition, Customer information may be passed on to third parties without their prior express consent in order to achieve the following goals:
comply with the law
Protect any person from serious bodily harm or even death fighting fraud or harm to the Company or its users protect the Company’s property rights.
13. Data protection
The Company provides an appropriate and proportionate level of security to the risks incurred and their likelihood, in accordance with the General Data Protection Regulations 2016/679 of April 27, 2016.
However, these measures are by no means a guarantee and do not commit the Company to a data security result obligation.
To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company is likely to implant a cookie on the user’s computer. This cookie allows you to store information about browsing the Site, as well as any data entered by Users (including searches, login, email, password).
The User expressly authorizes the Company to deposit a so-called “cookie” file on the user’s hard drive.
The User has the option to block, change the shelf life, or delete this cookie via the interface of its browser. If the systematic deactivation of cookies on the User’s browser prevents it from using certain services or features of the Site, this malfunction cannot in any way constitute damage to the member who will not be able to claim any compensation for this fact.
The Company reserves the right to modify the Site, the services offered there, the CGV/CGU as well as any delivery procedure or other component of the services performed by the Company through the Site the place when it places an Order, the User is subject to the stipulations set out by the CGVs/CGU in force at the time of the order.
The Company cannot be held responsible for the unavailability, whether temporary or permanent of the Website and, although it does all the means to ensure the service at all times, it may be interrupted at anytime. In addition, the Company reserves the right, by voluntary deed, to make the Site unavailable in order to carry out any upgrade, improvement or maintenance operation.
As noted above, the Company cannot be held responsible for delays in the performance of a service for reasons beyond its control, beyond its control, unpredictable and irresistible. or whose fault cannot be attributed to him.
17. Intellectual property
The trademark, logo, and graphic charter of this Site are trademarks of INPI and works protected under intellectual property, the property of which belongs exclusively to the Company. Any broadcast, exploitation, representation, reproduction, whether partial or complete without the express permission of that company will expose the offender to civil and criminal proceedings.
18. Skill attribute clause
The law governing the CGV/CGU is French law. Any dispute that may arise between the Company and a User during the execution of these will be the subject of an attempt at an amicable resolution. Failing that, disputes will be brought to the attention of the competent courts of common law.
The Client is informed that he can resort to conventional mediation, to the Consumer Mediation Commission under Article L534-7 of the Consumer Code or to existing sector mediation bodies. It may also use any alternative method of dispute resolution in the event of a dispute.
19. Pre-contract information
Prior to his Order, the Customer acknowledges that he has communicated, in a readable and understandable manner, CGV/CGU and the information and information provided for in articles L111-1 to L111-7 of the Consumer Code, including:
The essential features of the Services
The price of services;
The date or time frame at which the Company commits to providing the Service;
Information about the Company’s identity (postal, telephone, electronic) information; information on legal and contractual guarantees and how they are implemented; The possibility of conventional mediation in the event of a dispute;
information on the right of withdrawal (delay, terms of exercise).
The handing over of an Order on the Site brings membership and acceptance of the CGV/CGU. The Client will not be able to avail himself of an adversarial document.
20. Ombudsman’s contact information
Médiateur du e-commerce de la FEVAD 60 rue la Boétie, Paris 75008 FRANCE