Terms and Conditions of Sale

Petitjeanparis.com (hereinafter referred to as "the Site") is published by Petitjean Paris, a simplified joint-stock company (SAS) with a capital of 1,062 euros, whose registered office is in Paris (75008) - 81 rue de Miromesnil, registered with the Paris Trade and Companies Register under number 818 150 989 (hereinafter referred to as "the Company").

ARTICLE 1 – SCOPE OF APPLICATION

The general terms and conditions of sale detailed below apply to all orders for goods and services placed with Petitjean Paris offered on the petitjeanparis.com website. They are permanently accessible on the latter.

Petitjean Paris reserves the right to adapt or modify these terms at any time, the version of the general terms and conditions of sale applicable to any transaction being that appearing online on the www.petitjeanparis.com website at the time of the order. Consequently, placing an order implies full and unreserved acceptance of these conditions.
Subject to any contrary provision of the law, the GTC applicable to the relations between Petitjean Paris and the Customer (hereinafter, "the Customer") are those in force on the day the order is validated. They apply to the exclusion of all other conditions.

Petitjean Paris does not carry out any telephone canvassing; therefore, the provisions of the Consumer Code relating to telephone canvassing at home are inapplicable to orders falling under these GTC.

ARTICLE 2 – ORDERS

Orders are placed exclusively on the Site. Connection and Internet access costs are borne by the Customer.
Placing an order on the Site is subject to compliance with the procedure set up by Petitjean Paris, materialized by a succession of different steps that the Customer must follow to validate their order. Any order validated by the Customer constitutes a sales contract and unreserved acceptance of all GTC.

Under the law, the "double click" process during order validation, associated with the authentication and non-repudiation procedure, as well as the protection of message integrity, constitutes an electronic signature, which has the same value between the parties as a handwritten signature. Unless proven otherwise, the data recorded by Petitjean Paris constitutes proof of all transactions carried out between Petitjean Paris and its customers.

A confirmation of the order validated by the Customer will be sent to them by email prior to the shipment of the order, and will make the sale final, subject to the right of withdrawal. For this purpose, the Customer formally accepts the use of email for the confirmation by Petitjean Paris of the content of their order. The version of the GTC applicable to a given order can be kept by the Customer by computer recording or printing on paper.

ARTICLE 3 – AVAILABILITY

The products offered for sale are those described on the Site on the day the Internet user consults the site, within the limits of available stock. Sales are concluded subject to the actual availability of the products.

In the event that an ordered product proves to be unavailable, for reasons beyond the Company's control, the Customer will be informed by email. The order will be automatically cancelled and refunded. The Company reserves the right to offer the Customer a replacement product of equivalent quality and price.

Petitjean Paris takes the greatest care in the presentation and description of its products to best inform the Customer. However, it is possible that non-substantial errors may appear on the Site, which the Customer acknowledges and accepts.

In any event, in case of non-conformity of the delivered product with its description on the Site, the Customer may either exercise their right of withdrawal, or implement Petitjean Paris's conformity guarantee, which will, if necessary, either exchange or refund the price (in whole or in part) that may have been invoiced.

ARTICLE 4 – PRICE AND PAYMENT METHODS

Petitjean Paris reserves the right to modify its prices at any time, but products will be invoiced based on the rates in effect at the time of order validation by the customer, subject to availability.

All prices displayed on the website are calculated with value-added tax included (French VAT or VAT of EU member countries at the current rate). The displayed prices do not include participation in processing and shipping costs, which are subject to a separate section at the time of order, depending on the characteristics of the order and the destination country. These costs are brought to the Customer's attention before the order validation step.

Orders for 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 an EU member country as the delivery country, the VAT rate in force in the chosen country automatically updates, without changing the final price including tax for the Customer. Only shipping costs are extra.

International Orders (outside EU)
On the website, product prices are indicated in euros, including French VAT, excluding shipping costs. At the time of order confirmation, if the Customer enters a delivery country outside the Eurozone, the price is automatically calculated in local currency, according to the exchange rate in force on that date. This price displayed in local currency does not include local VAT or shipping costs.
Customs clearance, local VAT, and payment of duties or any other types of various import taxes are the responsibility of the Customer. The Company does not practice tax-free shopping.

Payment methods
Products are payable in full on the effective order day. Products remain the property of the Company until full payment of the price.
Purchases are paid via Paypal or credit card. The card or Paypal account is debited at the time of order validation.

The Customer expressly acknowledges that providing their credit card number to Petitjean Paris constitutes authorization to debit their account for the amount of the ordered products.

The data recorded and stored by Petitjean Paris constitutes proof of the order and all past transactions. The data recorded by Paypal or Shopify, the website host and payment service provider, constitutes proof of financial transactions.

ARTICLE 5 – DELIVERY

Delivery times are given in working days. Deliveries are made by La Poste Colissimo or Lettre Suivie services, from Monday to Saturday.

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the Customer's residential address, that of a natural person of their choice, or a legal entity (delivery to their company). No deliveries will be made to hotels or post office boxes.

Orders are shipped no later than 72 working hours after the order is placed.

For home delivery, in order for these deadlines to be met, the Customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). In the event of inaccurate or incomplete information, the cost of the second shipment will be borne by the Customer.

For delivery to a relay point, the Customer undertakes to collect the parcel within the allotted time. In the event of the parcel being returned to the sender, the cost of the second shipment will be borne by the Customer.

The indicated deadlines are indicative, corresponding to average processing and delivery times. Petitjean Paris cannot be held responsible for consequences due to a shipping delay not attributable to it.

In case of an abnormally long delivery time or non-receipt of ordered products, the Customer can contact customer service by email at bonjour@petitjeanparis.com. An investigation will then be opened with La Poste to locate your package. The duration of this investigation can vary from 3 weeks to 1 month, depending on the period.

The investigation can yield four results:
5.a If the package is found, it will be immediately re-shipped to the address indicated during the order, at the Company's expense.
5.b If the package is returned to the sender due to a Customer's failure (incomplete address or package not collected at a postal point), the Customer may waive the second shipping fees and request a reshipment or request a voucher, once the product is returned to the sender. The Customer cannot request a refund if they are responsible for the non-delivery.
5.c If the package is declared lost by La Poste, the products will be re-shipped (within the limits of available stock) or refunded.
5.d If the package is declared delivered by La Poste, no recourse from the Customer will be accepted.

No refund or reshipment of products can be made before the investigation is closed.

ARTICLE 6 – EXCHANGES, REFUNDS AND RETURNS

6.1 Geographical areas
In application of articles L.121-20 et seq. of the Consumer Code, the Customer may request a refund or exchange within 14 days of receiving their order. The first return of the product(s) is at the Company's expense for orders to Metropolitan France, which sends a return slip to the customer. For orders to the EU or International (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, 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 a return of the product whose return was refused. In case of doubt, the customer must contact customer service and send them photos of the product they wish to return, prior to returning their order.

The client must also attach a copy of the invoice or any other element allowing identification of the order in question. After a first exchange or a credit note request, it is no longer possible to obtain a refund for your order.

6.3 Special cases
In the case of an order benefiting from a promotional offer, the exchange or return of the product is at the customer's expense (at the current carrier rate). A product offered as part of an offer cannot be exchanged, returned, or refunded.

For the "workshop price" product category, returns are at the customer's expense. "Workshop price" products can be exchanged or refunded.

Defective product
Any reservation about the condition of the products (e.g. open or damaged package) must be notified immediately within 48 hours following receipt of the order.
Return costs are borne by the Company if the delivered product is defective or if the wrong reference was shipped.

Failing compliance by the Customer with these conditions, particularly the return or exchange conditions, the Company will not be able to proceed with the refund of the Products concerned.

ARTICLE 7 – CONFORMITY & WARRANTIES

Photos are provided for illustrative purposes. The Customer is invited to refer to the description of each product to ascertain its precise characteristics. In case of doubt, or to obtain additional information, it is possible to contact customer service by email at bonjour@petitjeanparis.com.
Petitjean Paris undertakes to refund the Customer or to exchange products that are apparently defective, damaged, or do not correspond to the order. In this case, the Customer must state the situation in writing in detail, and return the product(s).

In any event, the customer benefits from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force:
Reminder of articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and articles 1641 and 1648, first paragraph, of the Civil Code:
"Article L.211-4 of the Consumer Code: The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility."

"Article L.211-5 of the Consumer Code: To be in conformity with the contract, the goods must:
1° Be fit for the use ordinarily expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or present the characteristics defined by mutual agreement by the parties or be fit for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted."

"Article L.211-12: The action resulting from lack of conformity is time-barred after two years from delivery of the goods."

"Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects of the sold item which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them."

"Article 1648 of the Civil Code, first paragraph: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect."

"The seller is bound by the warranty against hidden defects of the sold item which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them."

In order to assert their rights, the Customer must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery. Proof (photo) may be requested from the customer. The Seller will refund or replace the Products under warranty deemed non-conforming or defective. Shipping costs will be borne by the Company.

Refunds or replacements of Products deemed non-conforming or defective will be made as soon as possible and at the latest within 14 working days following the Seller's finding of the lack of conformity. This refund will be made using the payment method used for the purchase.

The Seller's liability cannot be invoked in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which the Customer is responsible for verifying,
• in case of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and cannot engage the Seller's responsibility.

The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant Products.

ARTICLE 8 – LIABILITY

Petitjean Paris has only an obligation of means for all stages of access to the site, from the order process to the shipment of the package or subsequent services. The Company's liability cannot be engaged for any inconveniences or damages inherent in the use of the internet network, including a service interruption, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and jurisprudence.

Should a force majeure event occur, the party concerned must inform the other party within fifteen (15) days from the occurrence of such event, by email or registered letter with acknowledgment of receipt. Expressly considered as cases of force majeure or fortuitous events, in addition to those usually recognized by French courts, are total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrections, war, bad weather, epidemics, blockage of transport or supply means for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in marketing methods, computer failures, telecommunications blockages, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties will be suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts for more than three months, the purchase concerned may be cancelled by right without compensation for either party.

ARTICLE 9 - INTELLECTUAL AND INDUSTRIAL PROPERTY

All illustrations, images, characters, presentation methods, graphics, and characters on the Site are and remain the exclusive property of the Company or the holders of said rights who have granted Petitjean Paris a right of exploitation. Any reproduction, representation, or use of said rights by a Customer shall constitute a fault giving rise to legal proceedings.

ARTICLE 10 – DATA PROTECTION AND PRIVACY, PERSONAL DATA

Information and data concerning the Customer are strictly necessary for the management of orders, the execution and monitoring of business relations, as well as for internal statistical purposes.
This data may be transmitted to companies participating 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 security purposes, identification for improvement, and personalization of services.
The Customer has at all times a right to access, rectify and object to personal data concerning him/her. This right can be exercised by contacting our Customer Service by e-mail at bonjour@petitjeanparis.com.
The Customer may receive offers from the Company for products or services similar to those already ordered or newsletters. The Customer shall at any time have the right to object to this free of charge for the future, in accordance with the procedures specified in each mailing.

ARTICLE 11 – APPLICABLE LAW, DISPUTES

The contract formed by the acceptance of these GTC is subject to French law.
The language of this contract is French.
In case of dispute, only French courts will have jurisdiction.

ARTICLE 12 - MANDATORY LEGAL INFORMATION

The secrecy of correspondence is not guaranteed on the Internet; it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by possible viruses circulating on the Internet.

1° Editor
Petitjean Paris SASU
81 rue de Miromesnil, 75008 Paris
Registered with the Paris Trade and Companies Register under number 818 150 989

2° Host
Shopify Inc.
150 Elgin Street 8th Floor Ottawa, Ontario K2P 1L4
USA

3° Personal Data

In accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, the site has been declared to the CNIL (Commission Nationale Informatique et Libertés) under number 1798089. All information in your account is used only within the framework of your commercial relationship with the Company. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are processed by Stripe or Paypal.