The site https://www.petitpicotin.com/en/ (hereinafter referred to as the "Site") is published by the company PETIT PICOTIN (hereinafter referred to as PETIT PICOTIN), a simplified shares company with the capital of 60,000 euros, registered to the R.C.S. de Paris sous le numéro 815 286 992, dont le siège head est situé 15 rue de Bretagne, 44240 LA CHAPELLE SUR ERDRE et représentant par Mme Astrid GEFFROY en sa qualité de Présidente.
The website https://www.petitpicotin.com/en/ is hosted by OVH SAS, a subsidiary of OVH Groupe SA, with its head office 2, rue Kellermann, 59100 Roubaix– France
The internet client is called the Customer.
Access and use of the Site are reserved for individuals, who are major to the exclusion of any sale to professionals or for resale to third parties. In all cases, the access or use of the Site, by a Customer, is subject to compliance with the General Terms and Conditions of Use as well as these General Terms and Conditions of Sale of the PETIT PICOTIN website (hereafter the "General Terms and Conditions of Sale").
The Site offers for sale clothing and accessories for children and customizable poultry items (hereinafter "Products") made in Portugal and customized in France.
These General Terms and Conditions of Sale may be amended at any time, provided that each Order on the Site is governed by the General Terms and Conditions of Sale and the General Terms and Conditions of Use in force on the date of the Order. The sale of Products on the Site is subject to these General Terms and Conditions of Sale and Use, excluding any other document. Any Order shall be accepted by these General Terms and Conditions of Sale, Price and Description of Products Objects of the Order.
1. Acceptance of these General Conditions of Sale
By logging into the Site, the Customer who wishes to place an order for a Product acknowledges that they have read these Terms and Conditions and agrees to be bound without reservation (by checking the box: “I accept the Terms and Conditions of Sale and I acknowledge that the validation of this Order commits me to pay the price”) for the purchases of Products that it will make in this context by any means. The Products offered on the Site are described in product sheets including for some a photo and indicating their denomination and characteristic. The Customer acknowledges and accepts that the photographs may present variations with the Product delivered to it. Since the Products are made according to the choices of fabrics, colours and markings of the Customer, the photographs and images illustrating the Site are only indicative and are not contractual.
2. Access to the site
PETIT PICOTIN strives to offer permanent access to the Site, 24 hours a day, 7 days a week. However, access to the Site may be suspended at any time and without notice, including the failures, failures or paralysis of the network, system and/or means of communication, as well as the maintenance and corrections required by the update and proper operation of the Site.
PETIT PICOTIN also reserves the right to make, at any time, any changes, deletions and/or additions to the content of this Site, without notice and discretion. The Customer undertakes not to hinder access to the Site and/or the proper operation of the Site in any way, which may damage, intercept, interfere with any or all of the Site. It is recalled that the fraudulent access or retention of data in a computer system, the intrusion or distortion of the operation of such a system, the introduction or fraudulent modification of data in a computer system constitutes offences punishable by criminal sanctions.
PETIT PICOTIN may not be held liable for any direct or indirect damage caused by any interruption, malfunction, suspension or termination of the Site and/or services, for any reason or for any direct or indirect damage that would result in any way from access to the Site and/or to services. The Customer of this Site acknowledges that they have the competence and means to access and use this Site. The communication protocols used are those used on the Internet. PETIT PICOTIN cannot be held responsible for elements outside its control and for damages that may be incurred by the Customer’s technical environment, including its computers, software, network equipment and any other hardware used to access or use the Site.
Access to the Site is free of charge. The cost of access and use of the telecommunications network is borne by the Customer, according to the terms fixed by its access providers and telecommunications operators.
3. Personal data - cookies – protection of minors - hyperlinks
3.1. Processing of personal data
To be able to process and forward orders for Products (manufacture, delivery, billing, etc.), the Customer must register on the Site and must provide genuine and genuine information and authorize the Site to collect, process and use the personal data so provided.
PETIT PICOTIN, as Processing Officer, is committed to complying with the provisions of Regulation (EU) 2016/679 of 27 April 2016 on the protection of personal data (GDPR) and Act No. 78-17 of 6 January 1978 as amended.
For more information, please refer to the Privacy Policy available here.
3.2. Cookies
The User acknowledges and accepts the possibility that PETIT PICOTIN can place one or more cookies anonymously in order to continuously improve the Website, especially to facilitate the management of the Site and the recognition of the Customers. A procedure is available in the User’s browser to allow it to oppose the setting up of these cookies.
For more information, please refer to the COOKIES section of the Privacy Policy available here .
3.3. Protection of minors
Under Article 1146 of the Civil Code, unemancipated minors are unable to contract. Therefore, orders for minors must be passed by the parental authority. In the event of accidental collection of personal data relating to a minor, the parental authority has the power to oppose their retention by sending a message to contact@petitpicotin.com.
3.4. Hypertext links
The Site contains hyperlinks allowing access to sites that are not edited by PETIT PICOTIN. As a result, the User cannot be held responsible for the content of the sites to which the User would have access. The creation of hyperlinks to the homepage of the Site is authorized. The links made on specific pages of the Site are subject to prior authorization by PETIT PICOTIN (depth links or deep linking). The target page URL must be clearly indicated. The user site must not disclose the Site as its own, distort the content of the Site, refrain from clearly indicating that the Customer is directed to the Site. The pages of the Site should not be embedded within the pages of another site, but may be displayed in a new window. No « mirroring » of the Site, i.e. an online layout to another URL, is permitted.
4. Registration for the site
4.1. Registration procedure
Access to the "Order" function on the Site is reserved for previously registered Customers. Therefore, the Customer must first register by entering the "Create an account" section:
- its identity (name, name and date of birth)
- his phone number
- its delivery and billing addresses
- its e-mail address
- his password
During the registration procedure, the Customer expressly undertakes to provide accurate and complete information and, thereafter, to update them. In the case that the Customer would indicate false, inaccurate, erroneous, outdated or incomplete information, PETIT PICOTIN will be entitled to refuse access to any or part of the Site, as well as to suspend or terminate the Customer Account, without compensation or refund.
For any registration of a professional customer who wishes to resell the brand Petit Picotin in store, you must send an email to sales@petitpicotin.com so that Petit Picotin can create you a dedicated access.
4.2. Authentication and security
When the conditions for registration are met, and subject to the acceptance of PICOTIN PETIT, the Customer may, through its identifiers, access and manage its Client account and pass orders. These identifiers are strictly personal and confidential and should not be communicated or shared with third parties. In no case PETIT PICOTIN cannot be responsible for the loss of its identifiers by the Customer. The Customer will be solely responsible for the use of its identifiers by third parties or for actions or statements made through the "My Account" section, whether fraudulent or not. It guarantees PETIT PICOTIN against any such request. In addition, PETIT PICOTIN does not have the means to ascertain the identity of the persons accessing its Site, and therefore cannot be responsible for the usurpation of the identity of a Client. If the Customer has reason to think that a person uses his or her login IDs or customer account, he or she must immediately inform PETIT PICOTIN.
5. Command
5.1. Training of the Contract
The Site contains a commercial proposal for the sale of Products, which can be modified at any time at the initiative of PETIT PICOTIN. The offers of Products and prices are valid, within the limits of stock and supplies available, as long as they are visible on the Site.
The Site confirms the acceptance of the Order to the Customer by email to the email address provided by the Customer during the Order. This confirmation will take no later than 48 working hours after receiving a Order.
5.2. Description of the Order’s procurement and validation process
The Customer who wishes to place an order click on:
1/ Selection of model
2/ Colour choice (note: in the event of stock failure of one of the fabrics offered, it cannot be selected by the Customer when placing the Order) ;
3/ Choice of customization or not
4/ Selection of elements of customization (colors of customization and text)
5/ Shopping cart or return to the creative step in case the customer would like to change the customization of the product
If the Customer does not have a Customer Account, it is invited to open a Customer Account in accordance with Article 4 of these Terms and Conditions of Sale. If the Customer already has a Customer account, they must enter their identifiers to continue the Order. Once all of these choices are made, the Customer is redirected to the summary basket of the options of his Order, and has the ability to order other items of the same model by selecting the desired number of Products.
The Customer must then inform all of the information requested for the reservation (including name, first name, delivery address, billing address, telephone, email, etc.).
At this stage of the Order, the Customer will access a page of the Site detailing the contract offer that will include the following information: a summary of the Order (specified options, selected size, total price of the Order, shipping costs, number of Products ordered, total to be paid) the Customer's personal details, the payment methods.
The Customer is invited to carefully review the form before validating the Order. The Customer has the option to check the details of his Order and its total price, and to correct any errors, before confirming it to express its acceptance. After validating the contents of its basket and checking the box “I accept the General Terms and Conditions of Sale and I acknowledge that the validation of this Order commits me to pay the price,” the Customer is invited to choose a method of payment and to validate his Order. This confirmation, together with all the data that PETIT PICOTIN has recorded, will prove the Transaction.
5.3. Changes in customizations
For any order including custom products, the modifications can be made up to 9am the day after the order. After this period, customizations will no longer be modified. To make an amendment, please contact our customer service via the email address or telephone number indicated on our site.
5.4 Suspension- Refus
PETIT PICOTIN reserves the right to close or suspend the account of a Customer, to suspend and/or refuse any order of a Customer for any legitimate reason (including false or erroneous information, fraudulent order, payment incident, use without authorization of means of payment of a third party, etc.).
PETIT PICOTIN also reserves the right to suspend and/or refuse any Order of a Customer with whom there is a dispute relating to the payment of a previous Order, regardless of the method of Ordering and/or payment.
5.5 Loyalty points
PETIT PICOTIN offers a loyalty points system to reward the loyalty of its customers.These points are valid for 1 year after being generated, otherwise they will be lost.
The loyalty point system is not available for a professional customer who sells the brand Petit Picotin.
6. General obligations of the parties
6.1 Obligations of the Site
The stock of Products is maintained in real time. However, despite the precautions taken, stock and/or supply breaks are possible. In this case, the Site shall inform the Customer of this and, at the option of the Customer, undertake to refund the amount paid or to offer it an equivalent or higher product in quality and price. The Site reserves the right to refuse a Order if there are any delivery difficulties in the recipient country.
6.2. Client obligations
The Customer declares to be at least 18 years old and to have the legal capacity to pass a Order. The Customer agrees to indicate a valid address to which the delivery may be made from Monday to Friday from 8 a.m. to 5 p.m. and to provide a valid telephone number to which the delivery company may attach it for delivery instructions. The address should be easily accessible to the carrier. By validating its Order, the Customer agrees to pay it. Any Order passed by a Customer is strictly intended for personal use, or the personal use of the person on whose behalf the delivery must be made, regardless of any professional use. As an order donor for a Personalized Product made upon request, the Customer is responsible for all information provided to the Site, including the text, size, coordinates, delivery address, etc.
7. Specific provisions for control
7.1. Price, invoice
The overall price indicated in the Order of the Site confirmation is the final price. The price is expressed in euros and all taxes included. The value added tax is that in force in France at the time of the Order. Delivery fees are charged. The product regulations are made by credit card (Eurocard, Visa, Carte Bleue, Mastercard) or Paypal (By bank transfer for professional customers who sell the brand Petit Picotin). For payment by credit card PETIT PICOTIN has selected the secure payment solution PAYLPLUG At the time of the Order, when the Customer must enter or communicate its card number and its validity date, it will be on the secure network of the PAYPLUG system. These numbers are never known or preserved by PETIT PICOTIN. Upon verification and agreement of the banking centre, the Customer automatically returns to the Site to continue its purchases safely. The bank account or the Paypal account of the Customer will be debited within 48 hours from the date of the Order which will be considered effective after confirmation of the agreement of the bank center or the online payment service Paypal. The debit on the bank card or the Paypal account of the Customer will be made in euros exclusively.
7.2. Delivery
Products can be delivered in most countries of the world, to the address provided by the Customer during the ordering. Unless otherwise stated on the Site, the deliveries of the Products are made within a maximum of 20 (twenty) working days from the Order's confirmation, and exclusively for deliveries located in Metropolitan France, Corsica or Europe. This period is extended during the periods of leave of the Craft Workshops which the Customer is informed on the Site if applicable. The Site will not be responsible for any delay in delivery due to a carrier’s failure, the absence of the Customer during the delivery of the Order or a misinformation from the Customer. Any claim for non-receipt of the package with the customer service must be made within 20 days of the delivery declaration.
Shipping costs include preparation and packaging fees as well as shipping costs. Preparation and delivery costs are fixed for France, Europe and Corsica but vary by weight/volume for countries outside Europe. We recommend that you consolidate all your items in one order. We cannot consolidate two orders placed separately and shipping fees apply to each of them.
Here are the shipping prices for individual customers. These prices vary for professional customers who sell the brand Petit Picotin in store.
The dimensions of the boxes are appropriate and your items are properly protected.
Packages are shipped within 2-3 working days after receipt of payment.
LIVRAISON IN RELATED POINT - 3 TO 4 DAYS
The choice of your closest point-replace is made when you validate your order.
The delivery time of your package is 7 to 8 days for relay points or post offices and 3 days for pick-up stations. After these delays, the parcels are not kept in the relay points and are returned (and charged) to Petit Picotin. The customer will then be asked to repay the shipping costs if the parcel is returned for non-collection in time in the relay point or the instructions concerned.
DOMICILE DELIVERY for signature - 2 to 3 DAYs
They are shipped via GLS with a tracking number and delivered with signature.
OVERVIEW OF EUROPE: 10 to 30 DAYS OVERVIEW
TAXES AND DOUANE RIGHTS
It is recalled that the prices displayed on the Site are indicated in Euros All Taxes Included, excluding shipping costs.
For Customers residing outside the territory of the European Union and in DOM-TOM, it is specified that the prices displayed on the Site will be charged after deduction of VAT.
These prices must be understood to be “unpaid fees”, PETIT PICOTIN being unable to provide the Customer with accurate information on the total amount of fees and customs formalities, applicable import taxes in the country where delivery is requested.
The payment of these costs, if any, necessary for the importation of the Products ordered in the delivery territory, is the sole responsibility of the Customers, which they accept without reservation.
It is expressly specified that the PETIT PICOTIN will not be subject to reimbursement of fees, taxes and customs duties paid by the Customers on the occasion of their Order.
For any purpose, this information relating to the payment of additional costs in case of delivery outside the territory of the European Union will be specified on the Website to any Customer indicating a delivery address outside the territory of the European Union.
7.3. Transfer of Property and Risks
PETIT PICOTIN reserves the entire property of the Products sold until the actual payment of the entire sale price.
These provisions do not preclude the transfer to the Customer, upon delivery of the Products, of the risks of loss and deterioration of this product(s) sold as well as of the damage that it(s) may cause
7.4. Right of withdrawal
In accordance with the provisions of Article L 221-18 of the Consumer Code, the Customer has a right of withdrawal of fourteen (14) days from receipt of the Products that have been subject to the Order. However, this right of retraction does not apply to products that have been the subject of personalization at the request of the Customer, in accordance with article L221-28 of the Consumer Code, which states, inter alia, that the right of withdrawal is not applicable to:
- The goods made according to consumer specifications or clearly customized ;
- Assets that are likely to deteriorate or perish quickly ;
- Goods that have been sealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection
The Customer must clearly and accurately notify the Customer of his will to withdraw to PETIT PICOTIN’s Customer Service by submitting the withdrawal form or any other unambiguous statement expressing his will to withdraw to the following address: contact@petitpicotin.com. The Customer is then obliged to return to PETIT PICOTIN’s Customer Service the Product being the subject of the withdrawal without excessive delay, and at the latest, within fourteen (14) days after the communication of his decision to withdraw.
The returned product(s) must be intact, not washed, and not worn, with the original label and packaging
The removal costs of the Product(s) subject to the withdrawal are entirely at the expense of the Customer unless the product is defective or non-compliance.
In the latter case, PETIT PICOTIN’s return costs will be borne by PETIT PICOTIN, with the exception of the additional costs incurred by the Customer in the event that the Customer has expressly chosen a mode of delivery more expensive than the standard delivery method proposed by PETIT PICOTIN.
The risks associated with the return of the Product are the sole responsibility of the Customer.
It is therefore advisable for the Customer to develop proof of this return, which in particular presupposes that the Product is returned by registered mail with acknowledgement of receipt.
If the product is not in perfect condition of resale, the return will be refused and no refund will be made and the shipping costs will also be charged to the Customer.
PETIT PICOTIN undertakes to refund to the Customer all the amounts paid for the product(s) subject to the withdrawal, including the standard delivery costs, within 14 days of the date of receipt of the Product in perfect condition.
7.5. Reservations during the Reception of Products – – Legal Guarantees - Trade Guarantee
7.5.1. Reservations upon receipt of Products
In case of reservations, the Customer must, to the extent possible, issue these reservations when the Products are delivered, in writing to the carrier and send a copy of these reservations by e-mail to the following address contact@petitpicotin.com as soon as possible and provide with this consignment the confirmation by the carrier of the reality of these reservations.
7.5.2 Legal guarantees
PETIT PICOTIN is subject to the legal guarantees provided for in articles L.217-4 to L.217-14 of the Consumer Code and articles 1641 and 1648 of the Civil Code.
The provisions of these articles are without prejudice to the right of withdrawal provided for in Article 7.4 of the present.
Legal compliance guarantee
The Customer may avail himself of the legal guarantee of conformity of the Products on sale on the Site, in accordance with articles L.217-4 to L.217-14 of the Consumer Code.
Recall of the provisions of the Consumer Code
Article L217-4
The seller delivers a property in accordance with the contract and responds to existing compliance defects at issue.
It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when the packaging was loaded by the contract or was carried out under its responsibility.
Article L217-5
The property is in accordance with the contract:
1° If it is specific to the usually expected use of a similar property and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that it has presented to the buyer in the form of a sample or model ;
- if it presents the qualities that a buyer can legitimately wait with regard to the public statements made by the seller, the producer or its representative, especially in advertising or labelling ;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the knowledge of the seller and that the seller has accepted.
Article L217-6
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.
Article L217-7
Defects of conformity that appear within twenty-four months from the issuance of the property are presumed to exist at the time of issue, unless otherwise proven.
For used goods, this period is set at six months.
The seller may fight this presumption if the presumption is not compatible with the nature of the property or the defect of conformity invoked.
Article L217-8
The purchaser is entitled to require the conformity of the property to the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not ignore when he contracted. The same is true when the defect originates in the materials it provided itself.
Article L217-9
In the event of failure to comply, the purchaser chooses between repair and replacement of the property.
However, the seller may not proceed according to the buyer's choice if this choice results in a clearly disproportionate cost to the other modality, given the value of the property or the importance of the default. It is then obliged to proceed, unless impossible, according to the mode not chosen by the buyer.
Article L217-10
If the repair and replacement of the property are impossible, the purchaser can make the property and be returned the price or keep the property and be made a part of the price.
The same faculty is open to him:
1° If the solution requested, proposed or agreed under Article L. 217-9 cannot be implemented within one month of the buyer's claim ;
2° Or if this solution cannot be without any major disadvantage to it given the nature of the good and the use it seeks.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L217-11
The application of the provisions of articles L. 217-9 and L. 217-10 shall take place without any charge for the buyer.
These same provisions do not impede the allocation of damages.
Article L217-12
The action resulting from the failure to comply is prescribed by two years from the issuance of the property.
Al217-13
The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from the prohibited defects as it results from sections 1641 to 1649 of the Civil Code or any other act of a contractual or non-contractual nature that is recognized by the law.
Article L217-14
The recursory action may be exercised by the final seller against successive vendors or intermediaries and the producer of the tangible property, according to the principles of the civil code.
Legal guarantee of hidden defects
Recall of the provisions of the Civil Code
Article 1641
The seller is bound by the warranty because of the hidden defects of the thing sold that make it unfit for the use to which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given it only a lesser price if he had known them.
Article 1642
The seller is not held of apparent defects and which the buyer was able to convince himself.
Article 1643
He is kept from hidden vices, even though he would not have known them, unless, in that case, he did not state that he will not be obliged to any guarantee.
Article 1644
In the case of articles 1641 and 1643, the buyer has the choice to make the thing and to get the price returned, or to keep the thing and to get a part of the price paid, as it will be adjudicated by experts.
Article 1645
If the seller knew the defects of the thing, it is held, in addition to the restitution of the price it received, of all damages to the buyer.
Article 1646
If the seller ignored the defects of the thing, it will only be held to the restitution of the price, and to refund to the buyer the costs caused by the sale.
Article 1648
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the vice".
Common legal safeguards provisions
PETIT PICOTIN implements all the necessary provisions to deliver a product in all points to the Customer Order: model, fabric, marking, size, customization. In case of non-compliance of the Product with the specifications provided by the Customer during the order, as summarized in the order confirmation email, the Customer may request the replacement of the Product. However, the Customer is advised that due to the technical constraints that may arise when designing the Product, some non-substantial modifications may be made during design. It is expressly agreed that these non-substantial amendments, related to technical constraints, do not affect the conformity of the Product, so that the Customer cannot avail himself of this article.
The failure to comply must in no way result from the fact that the product has been worn, damaged or worn by the product, or that the Customer has misinformed these choices during the Order. Only the Products in perfect condition of resale are taken over by PETIT PICOTIN. As such, PETIT PICOTIN will systematically refuse any product, particularly worn, used, washed, deteriorated or incomplete. In case of abnormal or abusive return, PETIT PICOTIN may refuse to honour a subsequent order.
The Products to which the Customer has made modifications are excluded from the warranty.
The warranty also does not play for the Products affected by an apparent vice.
In the case of the return of a Product for non-compliance, PETIT PICOTIN will send a transport voucher for the reshipment of the Product and, the Customer will return its Products free of charge by applying the transport voucher on the shipping package. In case the error is not made by PETIT PICOTIN, the Customer does not benefit from the compliance guarantee.
The risks associated with the return of the Products will be borne exclusively by the Customer.
Method of implementation of legal guarantees
It is recalled that under the legal guarantee of compliance,
- the Customer has a period of two years from the issuance of the non-compliant product to act against PETIT PICOTIN ;
- the Customer may choose between the repair or replacement of the Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code ;
- the Customer is exempt from reporting evidence of the non-compliant product’s failure to comply within twenty-four (24) months after the product is issued.
The legal compliance guarantee applies regardless of the commercial warranty that may cover the Product.
the Customer may also avail himself of the legal guarantee of hidden defects provided for in articles 1641 to 1648 of the Civil Code.
In this case,
- the Customer has a period of two years from the discovery of the vice affecting the Product;
- the Customer must demonstrate that the defects existed before the sale
- the Customer may choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code if the Customer decides to retain the Product
7.6. Limitation of liability
Because of the technical constraints that may arise in the manufacture of the Product, PETIT PICOTIN is only held at a medium obligation and does not provide any warranty, express or implied, including any guarantee of quality and adequacy for a particular use of the Products sold. In any event, the Parties expressly agree that, in the event of questioning the responsibility of PETIT PICOTIN, regardless of the nature or basis of the action:
- Only direct damage resulting from the non-performance of its contractual obligations may result in compensation. As a result, any indirect damage, including any moral or commercial damage, loss of profit, turnover, order or customer, suffered by the Customer and/or third parties may not be entitled to compensation.
- The amount of repair that may be charged to PETIT PICOTIN is expressly limited to amounts collected by PETIT PICOTIN under the subject product. In all cases, PETIT PICOTIN’s liability cannot be incurred if the failure or wrong performance of its contractual obligations is attributable either to the Customer, or to a third party, or to a case of force majeure.
7.7. Customer service
PETIT PICOTIN offers on the Website various means of information and assistance to the customer’s attention. For any additional information or questions, the Customer Service is available to any Customer in priority by email: contact@petitpicotin.com, or by phone on 02 55 59 59 56 monday to friday and 9am to 6pm.
8. Intellectual property
The entire Site (structure, presentation and content) is a work protected by existing French and international copyright law and, in general, intellectual property. PETIT PICOTIN is the owner, or beneficiary of the license rights of all the elements that make up the Site, including texts, data, databases, drawings, models, graphics, pictures, animations, sounds, including downloadable documents. All rights, including, in particular, the rights of exploitation, the rights of reproduction and extraction on any medium, of all or part of the data, files and all elements contained in the pages of the Site, as well as the rights of representation and reproduction on any medium, of all or part of the Site itself, the rights of modification, adaptation or translation, are reserved exclusively to PETIT PICOTIN, and to its possible third-party reserves. Any reproduction, representation, dissemination or redistribution, total or partial, of the content of the Site by any process without the express and prior authorization of PETIT PICOTIN is prohibited, and would constitute a counterfeit sanctioned by articles L.335-2 et seq. of the Intellectual Property Code. The trademarks, as well as the social names and logos on the Site are protected. Any total or partial reproduction of these marks or logos without the express authorization of PETIT PICOTIN or its right-holders is therefore prohibited, within the meaning of article L 713-2 and following of the Intellectual Property Code. The Customer also forbids any unlocking of software protection codes or databases or decrypting access keys, where such software or databases are equipped with an access or protection system related to their object.
9. Litigation
9.1 Evidence
PETIT PICOTIN may be used as evidence of any act, program, data, file, record, operation and other elements (such as follow-up reports or other statements) of a nature or in computer or electronic format or format, established, received or stored directly or indirectly by PETIT PICOTIN or its technical providers, for example in any database. As such, records, retained by the PETIT PICOTIN computer system or its technical service providers, are expressly admitted as evidence of communications between the Parties, the use of the Site and the payments made between the Parties, and are believed in the event of a dispute. The archiving of invoices is carried out on a reliable and sustainable support in order to correspond to a faithful and lasting copy.
9.2
9.2.1 Claim
In case of litigation, the Customer must address PETIT PICOTIN as a priority:
-By phone (Monday to Friday from 9:00 am to 6:00 pm): 02 55 59 56
-By mail: 15 rue de Bretagne, 44240 LA CHAPELLE SUR ERDRE
-By email: contact@petitpicotin.com
9.2.2 Request for mediation
The Customer may use a mediator for any dissatisfaction after having previously sent a written claim to PETIT PICOTIN.
In the event of failure of the customer service claim or in the absence of a response from the customer service within two (2) months, the Customer may submit the dispute relating to these GTCs against PETIT PICOTIN to a mediator of the CM2C company who will try, independently and impartially, to bring the parties closer to an amicable solution.
To submit a request for mediation, the Client has a claim form available on the mediator's website, to which PETIT PICOTIN has acceded https://cm2c.net/.
Parties shall remain free to accept or refuse the use of mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
For more information, the Customer may also consult the Consumer Mediation Review and Control Board website.
At the European level, the European Commission provides the Customer with an online dispute resolution platform accessible to the url address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR.
9.3 Applicable law and competent courts
Unless otherwise required by law:
- These Terms and Conditions of Sale are governed by French law.
- In the event of a dispute related to the performance, interpretation or validity of these Terms and Conditions of Sale, the Parties shall endeavour to reach an amicable settlement. If no amicable settlement occurs within two (2) months, PETIT PICOTIN and the Client will rely on the competent courts of Paris, to which they are expressly assigned jurisdiction, including in the event of a plurality of parties, an appeal for a guarantee or an incidental request, even for the proceedings referred to or upon a request.
10. Special cases of partner shops that sell the brand Petit Picotin
The general terms and conditions of sales of special customers are used for professional customers unless this is clearly explained.
Add to these conditions the following specific conditions:
- The brand Petit Picotin prohibits the customization of its products by the partner shops. The customization of Petit Picotin products is only done by Petit Picotin.
- It is forbidden to buy the keyword "Petit Picotin" on google adwords as well as on all channels where it is possible to do so.