Terms and Conditions of Sale
Petitjeanparis.com (hereinafter referred to as "the Site") is published by Petitjean Paris, SAS with a capital of 1,062 euros, whose registered office is located in Paris (75008) - 81 rue de Miromesnil, registered with the Paris Trade and Companies Registry under number 818 150 989 (hereinafter referred to as "the Company").
ARTICLE 1 - Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and SASU PETITJEAN PARIS, doing business as PETITJEAN PARIS, located at 152 rue Damrémont, PARIS, IDF 75018 France (we, us), concerning your access to and use of the petitjeanparis.com (www.petitjeanparis.com) website as well as any related applications (the Site).
The Site provides the following services: online ecommerce that sells the products of the brand PETITJEAN PARIS (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5 Our site is directed to people residing in the Unites States. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
ARTICLE 2 - Acceptable Use
2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to :
Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses.
Use the Site to advertise or sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
Make improper use of our support services, or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site.
Attempt to impersonate another user or person, or use the username of another user.
Sell or otherwise transfer your profile
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to access any portions of the Site that you are restricted from accessing
Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
Delete the copyright or other proprietary rights notice from any of the content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code .
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism.
Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Threaten users with negative feedback or offering services solely to give positive feedback to users
Misrepresent experience, skills, or information about a User.
Advertise products or services not intended by us.
Falsely imply a relationship with us or another company with whom you do not have a relationship.
ARTICLE 3 - Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at hello@petitjeanparis.com.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
3.3 By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser).
We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.
ARTICLE 4 - Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
All prices displayed on the website are calculated inclusive of value-added tax (French VAT or VAT of European Union member countries at the current rate). Prices do not include shipping and handling charges, which are listed separately when the order is placed, depending on the characteristics of the order and the country of destination. These costs are notified to the customer before the order is validated.
Orders to the European Union
On the website, product prices are indicated in euros, including French or EU VAT, and excluding shipping costs. The total price of the order (including French or EU VAT and shipping costs) is indicated at the time of order confirmation. At this stage of the order, if the Customer chooses a European Union member state as the delivery country, the VAT rate in force in the chosen country is automatically updated, without changing the final price including VAT for the Customer. Only shipping costs are additional.
International orders (outside the EU)
On the website, product prices are indicated in euros, including French VAT, but excluding shipping costs. At the time of order confirmation, if the customer specifies a delivery country outside the euro zone, the price is automatically calculated in local currency, according to the current exchange rate. The price displayed in local currency does not include local VAT or shipping costs.
Customs clearance, local VAT and the payment of duties or any other type of import tax are the responsibility of the Customer. The Company does not offer tax exemption.
Terms of payment
Products are payable in cash on the day the order is placed. Products remain the property of the Company until full payment has been received.
Payment is made by Paypal or credit card. The credit card or Paypal account is debited when the order is validated.
4.4 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values
The data recorded and kept by Petitjean Paris constitutes proof of the order and all transactions. Data recorded by Paypal or Shopify, the website host and payment service provider, constitute proof of financial transactions.
ARTICLE 5 - Our content
Delivery times are given in working days. Deliveries are made by La Poste Colissimo or Lettre Suivie, Monday to Saturday.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). No deliveries will be made to hotels or post office boxes.
Orders are dispatched no later than 72 working hours after the order has been placed.
In the case of home deliveries, in order for these deadlines to be respected, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, intercom names and/or numbers, etc.). In the event of inaccurate or incomplete information, the second shipment will be at the Customer's expense.
In the event of delivery to a relay point, the Customer undertakes to collect the parcel within the allotted time. If the parcel is returned to the sender, the second shipment will be charged to the Customer.
The times indicated are indicative times, corresponding to average processing and delivery times. Petitjean Paris cannot be held responsible for the consequences of a delay in delivery for which it is not responsible.
In the event of abnormally long delivery times or non-receipt of ordered products, the customer may contact customer service by e-mail at bonjour@petitjeanparis.com. An inquiry will then be opened with La Poste in order to locate your parcel. The duration of this investigation may vary from 3 weeks to 1 month, depending on the period.
5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
ARTICLE 6 - Site Management
6.1 Geographical zones
In application of article L.121-20 et seq. of the French Consumer Code, the customer may request a refund or exchange within 14 days of receipt of the order. The first return of the product(s) is the responsibility of the Company for orders to Metropolitan France, which sends a return slip to the customer. For orders to the EU or International destinations (outside Metropolitan France), the return is at the customer's expense.
6.2 Return conditions
The product(s) must be returned in its (their) original packaging, in its (their) original condition, new, unworn and unwashed. If these conditions are not met, the Company reserves the right to refuse the return of the product, and the customer will not be able to request the return of the product whose return has been refused. In case of doubt, the customer must contact customer service and send photos of the product to be returned, prior to returning the order.
The customer must also enclose a copy of the invoice or any other element enabling the order to be identified. After an initial exchange or request for a credit note, it is no longer possible to obtain a refund for your order.
6.3 Special cases
In the event of an order benefiting from a promotional offer, the exchange or return of the product is at the customer's expense. A product offered as part of a special offer cannot be exchanged, returned or refunded.
For the "prix d'atelier" product category, returns are at the customer's expense. Prix d'atelier" products may be exchanged or refunded.
Defective product
Any reservations regarding the condition of the products (e.g. open or damaged package) must be notified immediately within 48 hours of receipt of the order.
If the product delivered is defective or if the wrong part number has been shipped, the cost of return will be borne by the Company.
Should the Customer fail to comply with these conditions, in particular the return or exchange conditions, the Company will not be able to reimburse the Products concerned.
SECTION 7 - Modifications to and availability of the Site
Photos are provided for illustrative purposes only. The customer is invited to refer to the description of each product for its precise characteristics. In case of doubt, or to obtain additional information, it is possible to contact customer service by e-mail at bonjour@petitjeanparis.com.
Petitjean Paris undertakes to reimburse the customer or to exchange products which appear to be defective, damaged or which do not correspond to the order. In this case, the customer must describe the situation in detail in writing and return the product(s).
We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
7.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.
We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
7.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
(excerpt from the french version)
La responsabilité du Vendeur ne saurait être engagée dans les cas suivants :
- non respect de la législation du pays dans lequel les produits sont livrés, qu’il appartient au Client de vérifier,
- Les photographies et graphismes présentés sur le site ne sont pas contractuels et ne sauraient engager la responsabilité du Vendeur.
La garantie du Vendeur est, en tout état de cause, limitée au remplacement ou au remboursement des Produits non conformes.
ARTICLE 8 - Disclaimer/Limitation of Liability
8.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions.
All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
8.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.
If you are a consumer user:
- Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
- You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
ARTICLE 9 - Term and Termination
9.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at hello@petitjeanparis.com.
9.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
9.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
ARTICLE 10 - General
Information and data concerning the Customer are strictly necessary for the management of orders, the execution and follow-up of commercial relations, and for internal statistical purposes.
These data may be transmitted to companies involved in these relations (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also kept for the purposes of security, identification, service improvement and personalization.
Customers have the right to access, rectify and object to their personal data at any time. This right may be exercised by contacting our Customer Service Department by e-mail at bonjour@petitjeanparis.com.
The Customer may receive offers from the Company concerning products or services similar to those already ordered, or newsletters. The customer may at any time object to such offers at no cost, in accordance with the terms and conditions specified in each mailing.
( Excerpt from the french version)
Le contrat formé par l'acceptation des présentes CGV est soumis à la loi française.
La langue du présent contrat est la langue française.
En cas de litige, les tribunaux français seront seuls compétents.
ARTICLE 12- INFORMATIONS LÉGALES OBLIGATOIRES
Le secret des correspondances n’est pas garanti sur le réseau Internet, il appartient à chaque utilisateur d’Internet de prendre toutes les mesures appropriées de façon à protéger ses propres données et/ou logiciels de la contamination d’éventuels virus circulant sur Internet.
1° Publisher
Petitjean Paris SASU
81 rue de Miromesnil, 75008 Paris
Registered in the Paris Register of Companies under number 818 150 989
2° Hébergeur
Shopify Inc.
150 Elgin Street 8th Floor Ottawa, Ontario K2P 1L4
USA
3° Données personnelles
Conformément aux dispositions de la loi n° 78-17 du 6 janvier 1978 relative à l’informatique, aux fichiers et aux libertés, le site a fait l’objet d’une déclaration à la CNIL (Commission Nationale Informatique et Libertés) sous le numéro 1798089. Toutes les informations de votre compte ne sont utilisées que dans le cadre de votre relation commerciale avec la Société. Ces informations ne sont jamais partagées avec des tiers ou revendues. Enfin, vos informations bancaires ne sont jamais en notre possession. Les transactions sont traitées par Stripe ou Paypal.