This site is operated by LE PETIT GERMAIN SAS company, having its registered office at 5, Cité de Trévise (France) and registered with the register of commerce and companies of Paris, N° TVA FR81 797920568.
The present general conditions of sale apply to all the orders placed with LE PETIT GERMAIN company for the whole of the articles and services proposed by the www.LE PETIT GERMAIN.com site by natural persons not business persons. Consequently, the fact for any person ordering a product offered on sale on the Internet site of LE PETIT GERMAIN implies full and complete acceptance of these general conditions of sale that the Customer recognizes having been aware of before his order.
LE PETIT GERMAIN reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of LE PETIT GERMAIN are those accepted by the Customer at the time of placing the order.
Article 1 : Field of application
The present General Conditions govern the sale of the products on the day of the placing of the order by the customer. They apply to all modes of placing of orders proposed by LE PETIT GERMAIN, whether the order is placed by Internet or telephone.
Article 2 : Products
The information, characteristics, photographs and graphics presented on the sites or in the emails sent by v are given only on a purely indicative basis. In particular, the difference in perception of the forms and the colors between the photographs or graphics presented and the products cannot engage the responsibility of LE PETIT GERMAIN. LE PETIT GERMAIN will make its best efforts to ensure that the photographic representation of the products on the www.LE PETIT GERMAIN.com site is as faithful as possible. It is nevertheless possible that the perception of the products does not correspond completely to the products. The products are sometimes presented in photographs with other products. The description will mention what does or does not form part of the product.
LE PETIT GERMAIN will not accept any responsibility for any indirect loss connected to present facts, in particular, with regards to a trading loss, loss of profit, loss of opportunity, damage or expenses, which may occur because of the purchase of the products. LE PETIT GERMAIN cannot be held responsible for any losses of data, files.
Article 3 : Prices
Prices are indicated in Euros and are inclusive of tax, and are applicable only on the date of the confirmation of order sent by the Customer.
The prices do not take account of delivery charges, gift wrapping, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order.
The prices take into account the French VAT applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the site, at the date stipulated by the decree of application. However the prices cannot be modified once the Customer has placed his order. In the same way, if one or more taxes or contributions, in particular environmental tax is suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on the www.LE PETIT GERMAIN.com site.
Orders for delivery to countries outside the European Union are not subject to French VAT. The prices indicated on the website for such orders are free of tax and therefore do not take into account VAT. Nevertheless, these orders are subject to possible taxes and customs fees in the destination country. The prices are shown without taxes. The customer is also responsible for verifying the possibilities of importing ordered items with respect to the governing laws of the destination country. We recommend the customer contact their local customs authorities for further information?
Article 4 : Orders
Every Customer of LE PETIT GERMAIN company declares that he has the capacity to enter into a contract on the conditions described hereafter, i.e. to be an emancipated minor or have reached legal majority and not to be protected within the meaning of article 488 of the French Code Civil.
LE PETIT GERMAIN reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment.
The present Conditions can be read directly on the www.LE PETIT GERMAIN.com site. On simple request of the Customer, they can also be sent by electronic mail.
The act of the Customer's ticking the box "I accept the general sales conditions", before proceeding to secure payment, constitutes an irrevocable acceptance which can only be called into question in the extreme cases envisaged under the present general sales conditions under the paragraph "right of retraction". The Customer accepts by this act to having read and understood the present Conditions and to accept them.
The purchase by telephone also implies the acceptance of these Conditions which he recognizes to have read beforehand, and to have understood and accepted the conditions mentioned above.
An email is automatically sent to the customer in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to LE PETIT GERMAIN. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.
The Customer can at any moment check the status of his order by consulting the heading "My account" on the www.LE PETIT GERMAIN.com site. This following of the order makes it possible for the Customer to know the stage of processing of his order, but also the stage of sending or delivery of his parcels. This last following of delivery is carried out with the deliverers' Internet interface. LE PETIT GERMAIN thus cannot be held accountable for the unavailability or errors that may affect the information supplied by its transporters. LE PETIT GERMAIN endeavors nevertheless to make this information as clear as possible and to make the transport as reliable as possible with its transporters. The Customer can at any moment contact the sales department of LE PETIT GERMAIN in order to be informed of the stage of his order.
The computerized registrations, preserved in the information processing systems of LE PETIT GERMAIN company under reasonable conditions of security, will be regarded as the evidence of the communications, the orders and the payments that have taken place between the parties.
The filing of the purchase orders and the invoices is carried out on a reliable and durable support which can be produced as proof.
Article 5 : Availability
LE PETIT GERMAIN is committed to delivering the orders received only within the limit of the stocks of the product available. In the absence of availability of a product or products, LE PETIT GERMAIN is committed to informing the Customer as quickly as possible. Availability can vary during the same day according to the level of sales. LE PETIT GERMAIN carries out very frequent updates of availabilities, but cannot be held responsible if the stock is no longer the same as that which is indicated. More precise information can be given to the Customer by telephone and email.
The unavailability of a product is mentioned on the product page concerned or in the shopping basket summary.
They may thus be susceptible to variations for which the Customer will be informed by LE PETIT GERMAIN in his order confirmation in the event of a minor delay or by email in the case of a more prolonged delay.
In case a product is out of stock, the Customer in turn can either ask for the cancellation of the order with a refund of payment within 14 days, or the exchange of the product not available for another product of the same value. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (other than the full repayment of the Order) can be demanded, such an unavailability having resulted from a delay in updating this unavailability.
LE PETIT GERMAIN cannot be held accountable for the non-fulfillment of an agreed contract in the case of the product being out-of-stock or unavailable, of causes beyond control, of disruptions caused by partial or all-out strikes, in particular of the postal services, transport, and communications, flooding and fires.
Article 6 : Delivery
Products are delivered to the address indicated by the Customer on the purchase order. The Customer must check the exhaustiveness and the conformity of the information which he provides to LE PETIT GERMAIN. The latter cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the reforwarding of an order will be entirely the responsibility of the Customer.
LE PETIT GERMAIN cannot be held responsible for delivery delays because of errors or disruptions due to transporters (including in particular in the event of a partial or all-out strike in particular of the mail services, transport and communications).
Orders placed online via the www.LE PETIT GERMAIN.com site are dealt with each day from Monday to Friday, except public holiday. LE PETIT GERMAIN does its utmost to treat and dispatch any order received before 11am the very same day, nevertheless the preparation and processing time of an order may be lengthened according to articles, and may require 1 or 2 business days. As of reception of the dispatch confirmation email, the Customer can take into account the transportation times mentioned below.
LE PETIT GERMAIN informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
In the case of an order which may comprise one or more Products not immediately available and one or more Products immediately available, LE PETIT GERMAIN will dispatch the order as of reception of the whole of the products which comprise the order.
LE PETIT GERMAIN informs Customers of the delivery times on a purely indicative basis, as given by the chosen transporter. Transport charges are given as an indication (for Metropolitan France) at the moment of going to the shopping basket and are confirmed definitively according to the means of transport and the destination of delivery chosen, before the final confirmation of the order.
- Standard delivery by Colissimo usual delivery time of 48h in Metropolitan France, 48 to 72h in Europe and 2 to 5 days outside Europe. This time is in addition to the processing and preparation time for the order which can take from 1 to 2 days. . The charges involved for this option depend on the total weight and volume of the ordered articles. The parcel is dealt with by La Poste and is delivered upon being signed for at the delivery address indicated by the Customer. In the event of absence at the moment of delivery, a delivery notice will be left at the address of delivery indicated by the Customer, allowing him to collect his parcel from the nearest post office. The parcels are held at the post office for 15 calendar days. In the event of non withdrawal within the time limits allowed by the transporter, the products will be returned to LE PETIT GERMAIN which reserves the right to refund the price of the products, with transport costs being at the charge of the Customer.
The products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the products during their delivery. It is requested from the Customer to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state or in the event of a technical problem indicated having been worsened.
LE PETIT GERMAIN reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as LE PETIT GERMAIN company of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery…) within two working days. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by LE PETIT GERMAIN.
In the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact by priority the transporter, or its distribution office in the case of the French post office, to see whether the parcel is not about to be dispatched. If the need arises, the Customer must contact LE PETIT GERMAIN Customer Services by telephone or email in order to create a file of contention or start an investigation to carry out a search for the parcel.
It can happen that parcels are mislaid by transporters. The times given by transporters require that the Customer declares the loss in the 10 days following the reception of the dispatch notice sent by LE PETIT GERMAIN. Under these conditions, LE PETIT GERMAIN accepts the responsibility of contacting the transporter concerned.
If the parcel is found, it will be sent immediately to the residence of the Customer. In the event that the parcel is not found, the Customer will be able to ask that the same product be sent again (subject to availability), at LE PETIT GERMAIN's expense, or be refunded the amount paid. If one or more ordered products are not available at that moment, LE PETIT GERMAIN will refund the amount paid for the products concerned lost by the transporter.
The Customer must inspect the state of the parcel in the presence of the transporter and note any reserves necessary on the delivery slip in the event of partial or total deterioration. In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. The Customer must notify LE PETIT GERMAIN by email so that LE PETIT GERMAIN can take the necessary measures as quickly as possible.
Article 7 : Paiement
MEANS OF PAYMENT
The Customer can pay his order online by paypal or bank card: Carte Bleue, Visa and Eurocard / MasterCard. The Customer guarantees LE PETIT GERMAIN company that he has the necessary authorization to use the mode of payment chosen by him, during the confirmation of the purchase order. The debit for purchases on the customer's account is done at the time of the processing of the order.
The transaction is carried out via the French bank, BRED which alone receives the banking information provided on the site at the time of the payment.
LE PETIT GERMAIN company reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. LE PETIT GERMAIN company notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
Within the framework of a procedure for checking orders intended to make sure that no one uses the banking co-ordinates of another person without his or her knowledge, the Customer may be requested to send proof of identity or proof of residence by fax or email to LE PETIT GERMAIN company. The order will be confirmed only after reception and checking by our services of the details sent. In the absence of reception of these elements within 15 day following the placing of the order, the order will be considered to be automatically cancelled.
The purchase order which the Customer creates online or the confirmation of the order sent by email to the Customer by LE PETIT GERMAIN does not act as an invoice. The Customer has the original of the invoice in his online account. The invoice does not come with the parcel.
LE PETIT GERMAIN preserves an electronic example of each invoice.
In the case of a delivery to an address different from the billing address, the invoice for orders is only ever available in the Customer's online account.
Article 8 : Withdrawal, Exchange, Reimbursment
Legal withdrawal period
In accordance with the provisions of Articles L.221-16 and following of the Consumer Code, Customers have a withdrawal period of fourteen (14) calendar days from the date of receipt or withdrawal of the Items to exercise their legal right of withdrawal and notify LE PETIT GERMAIN of their intention to return the said Item. If the Items may be the subject of the legal right of withdrawal, Customers exercising their right of withdrawal under the conditions provided for in this article in terms of deadlines and methods of return of the Items, may obtain a refund of the returned Items. Form available in GTC Article 10.4.
Items with discounts will not be exchanged or refunded.
The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless otherwise specified by the Client who would request a credit, valid for one (1) month from its issue. The refund will be made as soon as possible and, at the latest, within 14 days following the effective exercise of the right of withdrawal by the Customer. This period may however be extended by LE PETIT GERMAIN until LE PETIT GERMAIN receives the goods returned by the Customer to the address indicated on the return receipt, or until LE PETIT GERMAIN receives proof of shipment of the Items by the Customer. If the fourteen (14) day period expires on a Saturday, Sunday, holiday or non-working day, it is extended until the next business day.
In accordance with Article L.221-23 of the Consumer Code, the right is exercised by the return of the Article, only shipping costs remain the responsibility of the Customer.
Customers can benefit from a return certificate in accordance with Article 15 hereof, and (2) in case of non-compliance of the delivered Items with the Order (in this case, the return costs will be borne by LE PETIT GERMAIN).
The right of withdrawal is exercised under the same conditions, as of the Order and before Delivery.
Agreed withdrawal period
In order to ensure the satisfaction of its Customers, LE PETIT GERMAIN accepts the return by post to the address indicated by the Customer Service or the delivery note of the relevant Article, for a period longer than the legal withdrawal period referred to above. As such, the Customer has fourteen (14) days from the date of receipt of the order to retract and return the Items. The return of Items beyond this period will not be accepted.
Procedures for exercising the right of withdrawal
The Customer only needs to choose one of the following methods:
The return request can be made: - By connecting to LE PETIT GERMAIN site, in the “Manage my Orders” section of My Account: just check the product and the quantities you wish to return, fill in the reason for the return and confirm by clicking on “Validate your return request”.
- By contacting the customer service, via the contact form, e-mail or phone, which will indicate to the Customer the procedures to follow. LE PETIT GERMAIN suggests to Customers to return their products by registered mail or with a complementary insurance, guaranteeing them, if necessary, the compensation of the products to the level of their real market value in case of spoliation or loss of this commodity. In all cases, the return is made at the risk of the Customer. It will be up to the customer to keep any proof of return. The return costs are the responsibility of the customer, who is free to choose the shipping method.
Return address of the Parcel:
LE PETIT GERMAIN 5 Cité de Trévise 75009 Paris
If the Customer fails to meet the deadlines, LE PETIT GERMAIN will not refund the Customer.
Only Items returned in their original packaging in perfect condition for resale (not worned, not washed…) will be accepted. As a result, returned clothes washed and/or worn, as well as damaged boxes will be refused.
Retraction can never be exercised if the items delivered are items that have been, even partially, washed, soiled, damaged or used. Similarly, the Items returned incomplete, damaged or soiled by the Customer will not be returned nor exchanged.
The Items must also be provided with the purchase order, either on the return voucher, attached to the delivered Items signed by the Customer, or on any other document. The Customer is informed that the use of the return voucher facilitates the return procedure by LE PETIT GERMAIN. The Customer is therefore strongly encouraged to use this return voucher.
The Customer’s liability may only be incurred in the event of depreciation of the Item resulting from manipulations other than those necessary to establish the nature, characteristics and, as the case may be, the proper functioning of the Items.
Refund in case of use of the right of withdrawal will be made by the same means of payment as used by the Customer for the initial transaction, unless otherwise specified by the Customer
Transport fees will be paid by LE PETIT GERMAIN in case of exchanges.
Exchanges can be made on similar or different articles from the same collection and for the same amount.
Article 10 : Responsibility
The products on offer confirm to French legislation in force and applicable to norms in France.
LE PETIT GERMAIN cannot be held responsible in the event of non-observance of legislation in the country where the product is delivered. It is up to the Customer to check with the local authorities on the possibility of importing or using the products which he wishes to order. LE PETIT GERMAIN cannot be held responsible for inconvenience and losses relating to the use of the Internet, in particular a breakdown in the service, the presence of computer viruses or external intrusions and more generally all cases defined by the courts as outside our control or committed by third parties.
Hypertext links may send out to other sites than that of the www.LE PETIT GERMAIN.com site. LE PETIT GERMAIN refuses any all responsibility if the contents of these sites contravene any laws or rules in force.
Article 11 : Personal data
Visitors or Customers of the www.LE PETIT GERMAIN.com site have a constant right of access, modification, correction and suppression of the data which relate to them in application of article 34 of the French "data-processing & freedoms" law of January 6, 1978.
At the time of customer inscription or ordering, or within the framework of other specific operations, LE PETIT GERMAIN invites Visitors or Customers to receive its newsletters, its promotional offers, and / or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by email.
LE PETIT GERMAIN is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay.
LE PETIT GERMAIN may also invite its Visitors or Customers to receive promotional offers from its partners. For commercial purposes, LE PETIT GERMAIN can also share with its trade partners the identity and the coordinates of its Users or Customers, only insofar as they have accepted the disclosure of their personal data. The Users and Customers can modify their choices on LE PETIT GERMAIN site at any time.
LE PETIT GERMAIN uses data acquisition systems such as cookies. Cookies are a computer file stored on the hard disk of the user's computer. Cookies make it possible to announce a preceding visit of the user on the site and to connect the user to his personal data left on the site, in particular in reference to his orders in course. LE PETIT GERMAIN informs its Customers that the processing of these personal data was the object of a declaration to the French CNIL under number 1309937 of July 31, 2008.
Article 12 : Legal
Tous les litiges nés du présent contrat et non résolus par la médiation seront de la compétence exclusive du Tribunal de Commerce ou du Tribunal de Grance Instance de Paris.