The general conditions of sale
Before placing your order, please read the information about the store and its products.
The general conditions of sale described below are intended to govern all contractual relations between the company Dame Jeanne And Co – EURL, having its registered office at 241 rue Jules Guesde 59510 Hem - France and registered in the commercial and companies of Lille, 891 922 429 RCS Lille Métropole and customers wishing to use the service set up by the shop on the internet in order to make purchases there.
Any order of a product appearing in the Des Petites Occasions online store implies consultation and prior acceptance of these general conditions and the mentions specified on the store page.
Consequently, the buyer who wishes to order online, acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions and information does not require the handwritten signature of this document.
For our part, we undertake to provide you with all of the following information as far as possible:
- Presentation of the essential characteristics of the items offered.
- Indication in EUROS (€) of the price of the items.
- Indication of the methods of payment and execution of the order as well as delivery costs.
Unless otherwise stated, the products are sold without the illustrative accessories presented in the photographs of the items in the shop.
Article 1: Entirety
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept without reservation all the provisions provided for in these general conditions of sale.
Article 2: Purpose
The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the parties in the context of the online sale of products and services offered by Des Petites Occasions to the Customer, from the order to the delivery, including payment and the use of services made available.
These General Terms and Conditions of Sale express all the obligations of the parties and govern the contractual relationship between Des Petites Occasions and the buyer.
These General Terms and Conditions of Sale shall prevail over all other conditions appearing in any other document, except prior, express and written derogation.
Article 3: Electronic signature
In accordance with the law of March 13, 2000 on electronic signature, any purchase order signed by the customer by "click" constitutes an irrevocable acceptance which cannot be called into question. The “click” associated with the authentication and non-repudiation procedure and the protection of all messages constitutes an electronic signature. This electronic signature has value between the parties as a handwritten signature.
Article 4: Order confirmation
The contractual information will be confirmed by email no later than the time of delivery or, failing that, to the address indicated by the buyer on the order form.
Article 5: Proof of the transaction
The computerized registers, kept in the computer systems of Des Petites Occasions under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 6: Product Information / Stock
Des Petites Occasions indicates the necessary information that allows the potential buyer to know, before taking the final order, the essential characteristics of the products he wishes to buy.
The offers presented by Des Petites Occasions are only valid within the limits of available stocks. Des Petites Occasions can in no way be held responsible for any product that is no longer available, out of stock, or even sold out.
The images appearing on the website are not contractual.
The products are unique pieces. Each copy of the same model will therefore be different (size, pattern, material, etc.) if several pieces are available.
Des Petites Occasions does not guarantee the dating of the products presented but strives to be as precise as possible according to its sources and knowledge.
Article 7: Price
The prices are indicated in EUROS (€), excluding taxes (HT), and are only valid on the date the order form is sent by the buyer.
Prices do not include VAT. In this case, VAT is not applicable in accordance with article 293B of the General Tax Code.
The prices displayed do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order.
Payment of the full price must be made when ordering, and in any case before the dispatch of the items ordered. At no time can the sums paid be considered as a deposit or down payment.
Shipping costs may have to be recalculated according to the current rates of the Post Office or Mondial Relay and the total weight of the packages. Customers will be informed by e-mail if necessary.
The prices displayed do not take into account the costs incurred by any customs clearance for shipments abroad. The regulations are set by the European Union.
Shipping to a country outside the European Union and in the DOM TOM: any customs duties, taxes and fees or various charges are the responsibility of the customer.
The amounts of these taxes depend on the regulations in force in each country of destination. animelie.com has no control over these taxes and cannot predict their amount. Depending on the different customs regulations of each country, it is up to the customer to find out from the local authorities concerned about any import restrictions on the territory of the country of destination of the products he wishes to order. It is up to the customer to check beforehand and under his sole responsibility that the importation of these products complies with the laws in force in the country of delivery.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and the order will be canceled.
Article 8: Methods of payment
To pay for his order, the buyer has, at his choice, all the payment methods offered on the online order form. The buyer guarantees to Des Petites Occasions that he has the necessary authorizations to use the method of payment chosen by himself, during the validation of the order form. Des Petites Occasions reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by credit card on the part of officially accredited bodies or in the event of non-payment of the order. Des Petites Occasions notably reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full for an order or with whom a dispute is in progress. Dame Jeanne And Co reserves the right to use this procedure in case of doubt about the legitimacy of the customer.
Article 9: Terms of delivery
The order will be executed at the latest within 7 working days, from the day following that on which the buyer placed his order, except in the event of exceptional closure, holidays or temporary suspension of shipment mentioned on the site. Shipments can be made from Monday to Friday.
Des Petites Occasions uses the French Post Office and Mondial Relay as shipping methods. Unless expressly requested by the customer or specifically mentioned on the product sheets, shipments to mainland France are sent in "Chronopost" mode or via "Mondial Relay".
The buyer can also contact the shop by email, BEFORE placing his order, if he wishes to opt for another delivery method.
For shipments outside mainland France, shipments will be made according to the size, the weight of the package, and the destination country by “Colissimo Suivi” or “Mondial Relay”.
Des Petites Occasions can in no way be held responsible for delays or damage caused by the postal services or carriers.
The products are delivered to the address indicated by the buyer on the order form. The buyer agrees to check the condition of the goods at the time of delivery. If the package has obviously been mishandled during transport, the buyer must refuse it to operate the insurance of the delivery person. Whatever his order, it is up to the buyer to check the good condition of the contents of his package, upon receipt, in the presence, depending on the shipping methods chosen, of the deliveryman, a postal agent or the relay point staff. We will not be able to make ANY complaint to the carrier or the Post Office if the package has been accepted.
Article 10: Right of withdrawal / Returns / Exchanges
10-1 Right of withdrawal:
In the context of distance selling (without the simultaneous physical presence of the parties), the Customer has, according to Article L 121-20 of the French Consumer Code, a period of fourteen clear days to exercise his right of withdrawal without having to pay penalties, with the exception of the cost of returning the products concerned. This period runs from the day of receipt of the products by the Customer.
The return request is made by contacting Des Petites occasions, by e-mail, who will study the request and indicate to the Customer the procedures to follow (return authorization number to be affixed to the package, as well as the address where to send the returned items).
Des Petites Occasions suggests that the Customer return their products by registered mail or with additional insurance, guaranteeing them, where applicable, compensation for the products up to their actual market value in the event of spoliation or loss of that commodity. In all cases, the return is made at the Customer's risk. It will be the Customer's responsibility to keep any proof of return. Return costs are the responsibility of the Customer, who is free to choose the shipping method.
Returned products must be intact, in perfect condition for resale, in their original packaging. They must not have been worn or used, nor have suffered any damage, however slight, and in a state of perfect cleanliness. Any product that is damaged, incomplete, or whose original packaging is damaged, will not be taken back or refunded.
This right of withdrawal is exercised without penalty, with the exception of transport costs which remain the responsibility of the Customer. In the event of the exercise of the right of withdrawal, Des Petites Occasions will reimburse the Customer within a maximum period of 10 days upon receipt of the returned Products.
10-2 Returns
Des Petites Occasions undertakes to reimburse Products that do not correspond to the characteristics specified in the order form, are damaged or have an apparent defect.
In the event of non-compliance resulting from transport (Product damaged during transport, etc.), the Customer must first have expressed all reservations about the product(s) delivered and damaged on the delivery note and inform Des Petites Occasions within 2 working days of receipt of the package, by e-mail of the non-compliance of the product(s), in detail, attaching explicit photos and a copy of the delivery slip.
In the event of non-compliance not resulting from transport (error on the product delivered, apparent defect, etc.), the Customer must report by e-mail addressed to Des Petites Occasions within 2 working days of receipt of the package, non-conformity or apparent defects of the product(s), in detail by attaching explicit photos.
Any complaint made after the deadline cannot be accepted, except in the context of the guarantee against hidden defects.
Des Petites Occasions will send the Customer an e-mail confirming his acceptance of the return of the product, as well as, where applicable, a return number that he must include on the package when returning the non-compliant or defective product.
Any return accepted by Des Petites Occasions, in the event of an apparent defect, degradation or non-compliance of the Product(s) delivered, which will be noted and accepted, will enable the Customer to obtain the reimbursement of the said product(s) to the exclusion of any other indemnity and interest. In this situation, the organization and costs of returning the products concerned will be borne by Des Petites Occasions.
Des Petites Occasions will not accept any product returns except in the cases specified above (ie non-compliance with the order, damage or apparent defect) and outside the exercise of the Customer's legal right of withdrawal.
10-3 Trades
Des Petites Occasions does not make exchanges.
The Buyer has a period of fourteen (14) days after receipt of the Order to return (shipping costs at his expense) to Small Occasions the Products against reimbursement under the conditions detailed in article 10-1 of the present.
Article 11: Warranties
The products sold by Les Petites Occasions (vintage, old, antique, second-hand, second-hand products) cannot be guaranteed beyond the description of the object appearing on the ad. The use of products ordered on Small Occasions remains the buyer's responsibility.
Article 12: Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them. The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning ; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 13: Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
Article 14: Applicable law and competent court
Des Petites Occasions is a company under French law. The law applicable to contractual relations with our Clients is French law. In case of disagreement between the parties, each will pledge allegiance to settle the dispute amicably. If the dispute persists, the competent court will be that of the registered office of the company Des Petites Occasions.
Article 15: Computing and Freedom
The information requested from the buyer is necessary for the processing of his order and may be communicated exclusively to the contractual partners of des Petites Occasions involved in the execution of this order. In accordance with the provisions of the Law of January 6, 1978, the customer has a right of access to the data concerning him, as well as a right to modify, rectify and delete them. The buyer can write to Petites Occasions to exercise his rights of access and rectification with regard to the information concerning him and appearing in the files of Petites Occasions.
Article 16: Intellectual property
Des Petites Occasions is a registered trademark at the INPI.
All the visuals and photographs visible on the Site, and in particular those representing and illustrating the products, are necessarily protected by copyright and all other intellectual property rights and belong to Petites Occasions or to third parties having authorized Petites Occasions to exploit them.
Any reproduction and/or representation of any kind whatsoever, without authorization, of a visual or a photograph represented on the Site constitutes an infringement and will be prosecuted.
Similarly, all other data of any kind whatsoever, and in particular the texts, graphics, logos, icons, images, photographs, audio or video clips, trademarks, software, characteristics of the Site appearing on the Site are necessarily protected by the copyright, trademark law and all other intellectual property rights, and belong to Petites Occasions or to third parties who have authorized Petites Occasions to use them.
Des Petites Occasions grants the Customer a private, non-collective and non-exclusive right to use said data.
The Customer undertakes under these conditions not to reproduce, summarize, modify, alter or redistribute, without the express prior authorization of des Petites Occasions, any text, title, application, software, logo, image, graphic charter, brand, information or illustration, for a use other than strictly private.
Anyone with a website wishing to place a simple link directly to the site on their site must request authorization from Les Petites Occasions. An authorization given by Les Petites Occasions will in no way constitute an implicit agreement of affiliation and will in no case be given definitively. At the request of des Petites Occasions, this link must be removed.
ARTICLE 17: DURATION AND APPLICATION
These General Conditions of Sale apply for the entire duration of the online availability of the products offered by Petites Occasions.
These conditions express all of the obligations of the Customer as well as those of Les Petites Occasions, which reserves the right to unilaterally modify the terms hereof, the applicable conditions being those in force on the Site on the date of signing by the Customer. of his order. The customer is therefore advised to regularly refer to the latest version of the General Terms and Conditions of Sale, which is permanently available on the “General Terms and Conditions of Sale” link on the Site.
ARTICLE 18: TERRITORIALITY AND APPLICABLE LAW
Sales of Small Occasions Products are subject to French law. Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between Les Petites Occasions and the Customer, even in the event of multiple defendants, will, in the absence of an amicable agreement, fall within the exclusive jurisdiction of the courts of Châteauroux.