Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
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+ on +33 (0)9 74 99 02 03, Monday to Friday from 10am to 6pm
+ by email: email@example.com
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The business activity of the company The OZ is the creation, design and commercial operation of merchant websites, including the sales and back-office activities, on behalf of its client’s accounts, as well as the associated activities such as the promotion of its websites and the products sold.
The OZ has therefore been entrusted with the creation and management of the https://www.despetitshauts.com/ website (hereinafter referred to as “the Site”) in its own name but on behalf of the company DES PETITS HAUTS, a simplified joint-stock company with a capital of €50,000. DES PETITS HAUTS's head office is situated at 84 Avenue de la Fosse Aux Chênes 59100, Roubaix; listed on the Lille Metropole Trade and Companies Register under N° 422 390 989 00073.
These General Terms and Conditions of Sale are intended to define the rules applicable to the sale of products marketed on the Site (hereinafter "the Product(s)") on the Site,
The company The OZ (hereinafter referred to as “The OZ”),
A simplified joint-stock company with a capital of €166,138, where the head office is situated at 1 bd Victor, 75015 Paris, registered with the Paris Trade and Companies Register (RCS de Paris) under N° 508 514 494
VAT N°: FR5050851449400014.
Any non-trading natural person of age, having the juridical capacity to enter into a contract, exclusively residing in the countries where deliveries are made by despetitshauts.com (hereinafter referred to as “the Customer”) making a purchase of a Product on the Site.
For the purposes hereof, it is agreed that the Customer and The OZ will collectively be called the “Parties” and individually the “Party”.
These general conditions (hereinafter referred to as the “General Terms and Conditions for Sales”) govern without limitation the sales of Products carried out by The OZ on behalf of despetitshauts.com from the Site.
The OZ reserves the right to change at any given moment the present General Terms and Conditions for Sales by publishing a new version on the Site. The General Terms and Conditions for Sales applied are those that are in force on the Site on the date that the Customer places an order; understanding that any order of a Product offered on the Site binds the Customer to the General Terms and Conditions for Sales in force at the time when the order is placed.
These General Terms and Conditions for Sales are intended to define the conditions under which the Products are marketed by The OZ on behalf of Des Petits Hauts to the Customer. They deal with the different steps in the sales progress from the moment the Customer places the order to the delivery of the Product to the Customer.
The products offered for sale by The OZ on behalf of Des Petits Hauts are those listed on the Site on the day of their consultation by the Customer. Each product will be the subject of a description, which, in addition to the photograph, will include: the price, the photograph, the sizes and colours available, the composition, and the special features. Small differences may exist between the product and its photography, depending on the resolution and colour definition of the user's computer screen.
The OZ undertakes to deliver Products that meet the applicable regulations relating to the safety and health of persons in accordance with the European provisions, and in particular the legislation on regulated chemical substances.
The prices are indicated in euros, tax included, and delivery costs excluded; understanding that the value added tax is that which is in force on the French metropolitan territory on the day that the order is validated.
The prices applied are those given on the Site and confirmed to the Customer when the order is validated.
The delivery costs are communicated to the Customer on the order summary before the validation of the order and are expressed inclusive of all taxes. These costs are payable by the Customer and are invoiced in addition to the sale price of the Products.
The transfer of risk for loss and damage to the Products will be made after delivery and receipt of the Products by the Customer.
We reserve the right to modify our prices at any time but we undertake to apply the prices as indicated to you on the Site at the time the order was placed.
We would like to inform you that if an obviously incorrect price appears on our website (a price that is clearly too low, for example), and for whatever reason (IT bug, human error, technical error etc.), your order will be cancelled, even if it has been initially validated by us. We will inform you of this as soon as possible. You will then be able, if you wish, to place your order again at the correct price.
ARTICLE 4 • ORDER AND PAYMENT OF THE PRODUCTS
• 4.1 Placing an order
The Customer completes his order by completing the following 5 steps:
Step 1: the Customer selects the chosen Products and adds them to the shopping basket after having selected the desired size and colour.
The basket at the top right of the screen shows the Customer that it has taken into account his selection by indicating the number of Products it contains.
Step 2: the Customer may check the contents of his basket by clicking on “order” to have access to the summary of his order. The Customer may then change his order (Product, size, quantity).
The total amount of the order, taxes included, is shown in the summary, distinguishing on the one hand the price due for the Products, and on the other hand the delivery costs.
Step 3: once the order has been checked and, if necessary, changed, the Customer validates his basket in order to finalise his order by clicking again on “order”.
If the Customer has a promotion code, reserved for best Customers, he must enter it in the space provided in order to take advantage of this promotion.
Step 4: input by the Customer of delivery and billing details.
Apart from the date of birth, address and delivery information, it is necessary that all the fields are filled in for the finalisation of the order; understanding that unless the Customer gives different instructions, the billing address will automatically be the same as the delivery address.
If the Customer has previously ordered on the Site, then he has a Customer account. If this is the case, he may identify himself using only his email address and password.
The Customer then checks all the information and clicks on “validate” to continue with the order.
Step 5: Input of banking details.
The Customer then accesses the screen for secure payment with the partner of The OZ as specified in article 4.3 below.
Payment is made online by bank card only.
The Customer must enter his bank card number, the validity date, as well as the 3 visual cryptogram numbers found on the reverse side of the card, understanding that in the case of payment with an American Express card, the Customer must enter 4 numbers.
If the payment is accepted, the Customer will be redirected to an order confirmation screen on the Site.
If the payment fails, the Customer will have up to 3 attempts to re-enter his banking details. After the 3rd refusal, the Customer will be redirected to a screen on the Site indicating that payment has been refused. The Customer will then be invited to contact the customer service of The OZ to find out the reason for the non-payment, and to find a solution to finalise the Customer’s order.
• 4.2 Confirmation of the order
As soon as the Customer’s payment is accepted, the Customer will receive an email confirming his order, and summarising all the items ordered, the billing and delivery addresses, and the delivery date.
The validation of the order by the Customer and the confirmation of the order sent to the Customer by email by The OZ on behalf of Des Petits Hauts, following the payment being accepted, constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions for Sales.
The Customer having placed an order will be able to print his invoice by logging in to the Site, from the order tracking area provided for this purpose.
The OZ reserves the right not to validate the order in the case of:
abnormal or abusive claims,
abnormal orders with regards to the quantities ordered,
abnormal or abusive exchanges or returns,
existing dispute(s) with the Customer.
The Des Petits Hauts customer service is available for all questions relating to the Customer’s order. The customer service is available by email (firstname.lastname@example.org), and by telephone +33 (0)9 74 99 02 03, Monday to Friday from 10am to 6pm.
• 4.3 Payment
The price of the Products purchased is payable upfront, in full on the day that the Customer places the order. Payment is made online by the following payment methods (Carte Bleue, Visa, Eurocard/Mastercard/ American Express/Alipay/JCB/Sofort/ELV/SEPA/IDEAL/BCMC) at the time when the order is confirmed by the Customer.
The request for authorisation to debit the card is carried out the moment that the order is validated on the Site, except if the servers are unavailable. The OZ reserves the right to carry out a new request for authorisation in the event that the first request was not successful due to the unavailability of the servers.
In the event of non-payment, an incorrect address or any other problem with the Customer’s account, The OZ reserves the right to block the Customer’s order until the problem is resolved.
In the case of fraudulent use of his credit card on the Site, the Customer is invited to contact The OZ on the following number: +33 (0)9 74 99 02 03, Monday to Friday from 10am to 6pm, or by email at the following address: email@example.com.
The OZ implements all necessary means to ensure the confidentiality and security of banking data transmitted on the Site. The Site is equipped with a secure online payment system that encrypts your banking data. The payment information is transmitted according to the highest security standards. The transmission of your bank details is performed by our partner: Adyen. Adyen is not registered in France.
All information exchanged to process the payment is encrypted thanks to the SSL (Secure Socket Layer) protocol. These data cannot be detected, intercepted or used by a third party. At no time does the financial data of the Customer pass through the computer system of The OZ. Adyen verifies that the connection with the Customer’s browser is secure before sending the payment form to the banking institution that carries out the financial transaction.
As Adyen is a technical service provider, it does not deal with disputes related to orders, which are handled directly by customer service as specified above or, if need be, by the Customer’s bank.
• 4.4 Archiving of the order
The order confirmation is registered on the records of The OZ, which are stored on a reliable and sustainable support. The Customer accepts that the confirmation of an order is considered to be proof of the contractual relationship between the Parties.
Article 5 • Delivery
The OZ will deliver orders with a delivery note within a maximum of twenty (20) working days for a delivery to France mainland, and thirty (30) working days for a delivery to all other destinations, and this from the day after payment for the order.
All orders placed on the Site, Monday to Friday before 2pm will be processed the same day; after 2pm, they will be processed the next day. All orders placed on Friday after 2pm, or on Saturday and Sunday, will be processed the following Monday; understanding that orders placed on bank holidays will be processed the next working day.
If the delivery time is exceeded, and not justified by a case of force majeure, the Customer may request the cancellation of the sale and obtain a refund within a maximum period of fourteen (14) days.
For orders outside of France, when the exported package reaches its destination, the recipient must pay the taxes or customs duties that apply to the country of destination. Local authorities can provide this information.
From 1 January 2021 for shipments worth more than €1,000 exported to the United Kingdom, it will be the responsibility of the recipient to pay any taxes or customs duties that apply in the country of destination. If the recipient refuses to pay the duties and taxes, the shipment is returned to the sender.
Article 6 • Receipt of the order – Claims – Returns
The Customer is responsible for checking the conformity of the Products received pursuant to the order when delivered. All abnormalities concerning the delivery such as:
- products non-compliant with the order,
must be notified within the legal deadline after receipt of the order.
This notification will be sent to the DesPetitsHauts website customer service by email to firstname.lastname@example.org.
After this period, and apart from hidden defects, no claim will be accepted by The OZ, the Products being then deemed compliant.
To return non-compliant products, the Customer must respect the following procedure:
The Customer must enclose in his package the delivery note, mentioning the reason for non-conformity. The products must be returned either in their original packaging, or in any package protecting the product from damage, with labels and any accessories, in a resaleable condition, to the following address:
The Other Store chez ADS Normandie – Des Petits Hauts,
ADS Normandie ZAC Multisite Long Buisson
2 Rue Roland Garros 27930
The Customer is liable for the risks and costs for the return of the Products.
When the non-conformity has been noticed, The OZ will offer the Customer a refund of the order price (price of the Products and delivery costs) as well as the expenses incurred for the return of the non-compliant Product, within fourteen (14) days from the date that the notification confirming the non-conformity was sent by the Des Petits Hauts customer service.
Des Petits Hauts will refund in full the returned non-compliant products, as well as the shipping expenses, with the exception of the taxes and custom duties paid by the Customer for the delivery
Cash on delivery returns are not accepted. Upon receipt of a non-compliant item, Des Petits Hauts will reimburse the postal return costs at the rate of the price list (Colissimo delivery without registered mail) posted by La Poste on 1 March of the current year. The Customer must send proof of the return costs incurred to Customer Service, by email or by post.
In case of abnormal or abusive claims, The OZ may refuse to accept future orders.
Article 7 • Right of withdrawal
The Customer has a period of fifteen (15) working days from the date of receipt of his order to return the Products ordered, without any justification or penalty.
For all returns within the context of the right of withdrawal, the procedure below must be completely respected:
-the Customer must enclose in his package the delivery note initially delivered in the parcel. No return will be accepted without the aforementioned delivery note.
-the Products must be returned in the original packaging, with their labels, and any accessories, in perfect condition to:
The Other Store chez ADS Normandie – Des Petits Hauts,
ADS Normandie ZAC Multisite Long Buisson
2 Rue Roland Garros
The Customer is liable for the risks and costs for the return of the Products.
Subject to the conditions stated above, The OZ will refund the total amount of the order, including tax, to the Customer (Product price and delivery costs) not including the return costs. The Customer’s bank account will be credited with the said amount, within thirty (30) days from the date when The OZ receives the Products.
Article 8 • Personal Data
The OZ collects certain information that is necessary for the processing of orders.
These data are not only necessary for the processing of the Customer’s order by The OZ, but also to communicate to the Customer information on the Des Petits Hauts brand name on the Site, or to allow him to take advantage of Des Petits Hauts promotions; if the Customer agrees when confirming his order.
The information is strictly confidential and is marked with an asterisk (*) when it is necessary for The OZ, and/or its contractors as part of the management of the Customer's order.
Following any injunction from the legal authorities or in order to defend its rights or those of its employees, customers or anyone else, The OZ may disclose these data to organisations and authorities legally entitled to this information.
The OZ undertakes to take all necessary precautions to ensure the security of its files and the protection of its computer system, and in particular to prevent the Customer’s personal information from being distorted, damaged or accessed by unauthorised third parties.
The Customer’s personal information is sent and stored at the site’s host, which is situated in Canada, whose details are shown on the site under the section “Legal Notice”.
In accordance with the “Information Technology and Civil Liberties” act of 6 January 1978, as amended by the act of 6 August 2004, the Customer has the right to access, rectify, modify and delete all data pertaining to him.
The site is registered with the National Commission for Information Technology and Civil Liberties (CNIL) under N° 1351361. The Customer may exercise this right by writing to the following address or email address, stating their first and last name, email and postal address:
E-boutique Des Petits Hauts
1 bd Victor
The Customer may also change his personal details from his customer space by logging in using his email address and password.
The information concerning you is intended for DES PETITS HAUTS in order to provide you with DES PETITS HAUTS services and, subject to your choices, to inform you of DES PETITS HAUTS special offers. In accordance with the French “Information Technology and Civil Liberties” act n°78-17 of 6 January 1978, you may request access to the information concerning you, to have it rectified, modified or deleted, or to oppose its processing by DES PETITS HAUTS by writing to:
DES PETITS HAUTS
E-boutique Des Petits Hauts
1 bd Victor,
Article 9 Cookies
The cookies remember the time that the Customer spends on the Site, his identity (known through his e-mail address and password) and the contents of his basket. Once disconnected from the Site, this information is stored for 30 (thirty) days before being permanently deleted.
The Customer may object to the storage of cookies by configuring his internet browser. By doing this he loses any personalisation of the service offered on the Site.
Article 10 • Limitation of liability
Ordering on the site implies that the operational procedures on the Internet are understood and accepted, in particular with regards to technical performance, response time, connection, queries or information transfer, disconnection risk, the risk of contamination by viruses circulating on the network and in general all the risks associated with the use of the Internet network.
The OZ can not in any way be held liable for any direct or indirect damage resulting from misuse or incidents related to the use of the computer, Internet access, maintenance or malfunction of the servers, the telephone line or any other technical connection, and when a Customer connects to the Site he does this under his full responsibility.
Article 11 • Force Majeure
The OZ is not responsible for all or part of the non-performance of its obligations under the order placed by the Customer, if such a non-performance is caused by an event constituting force majeure as defined by positive law.
In such a case, The OZ will inform the Customer by email that such an event has occurred within a period of three (3) clear days following this incident.
After a period of 1 (one) month, and in the event where the force majeure persists, the order will be cancelled and will, if necessary, be subject to a refund from The OZ on the bank card used to place the order within a maximum period of 30 (thirty) days.
Article 12 • Applicable law
If any of these General Terms and Conditions for Sales is found invalid, illegal or non-opposable by a court of law, the other provisions of these General Terms and Conditions for Sales will remain in effect.
The General Terms and Conditions for Sales are performed and interpreted according to French law.
In the case of litigation, the customer should first contact The OZ to find an amicable solution and failing this, the common law courts have exclusive jurisdiction.
Article 13 • Amicable settlement of disputes
According to article L. 612-1 of the Consumer Code "Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable settlement of a dispute between him and a professional".
The disputes falling within the scope of article L. 612-1 of the Consumer Code are the disputes defined in article L. 611-1 of the Consumer Code, i.e. disputes of a contractual nature, concerning the performance of a contract of sale or supply of services, between a consumer and a professional.
The text covers both national and cross-border disputes.
Pursuant to the above articles and in accordance with the regulations in force, for any difficulty, The OZ invites the Customer to contact it beforehand at the following address:
The Other Store
ADS Normandie – Des Petits Hauts – ZAC Multisite Long Buisson
2 Rue Roland Garros
Or by email to the following address: email@example.com
Within one year of the Customer's request to the services of The OZ, pursuant to article R. 616-1 of the Consumer Code, the Customer may have his request examined by a mediator whose contact details are listed below, knowing that a dispute may be examined, except in exceptional cases, only by one mediator:
Centre de Médiation et d'Arbitrage - CMAP - http://www.cmap.fr
For all cross-border disputes:
European Consumer Centre France: europe-consommateurs.eu
The Customer may, at his own expense, be assisted by a counsel.