General conditions of use and sales on www.noelkids.com
In accordance with the French law of 6th January 1978 relating to data processing, data files and civil liberties, this website has been declared to the Commission Nationale Informatique et Libertés (the French National Agency Regulating Data Protection). In the case of any private data collected via the forms on this website, you have the right to access, modify, change or delete any data that relates to you. To exercise this right, contact us via our online form.
In accordance with Article 6 of the French law number 2004-575 of 21st June 2004, relating to confidence in the digital economy, users of the website www.easypeasy.fr may access the identity of the site owner and hosting provider.
Noel Kids - 6 Avenue d'Helmstedt - 35 500 Vitré, France
Company ID: RENNES 488 603 333 00029
Les Petits Chaussons - 6 Avenue d'Helmstedt - 35 500 Vitré, France
Company ID: RENNES 797 866 266 000 19
Intra-Community VAT Identification Number: FR38797866266
Contact: via our online form
OVH - 2 rue Kellermann - 59100 Roubaix, France (headquarters)
Any use of and/or order made on the website www.easypeasy.fr implies a full and unconditional acceptance of the general conditions of use and sale, whose goal is to define the rights and obligations of the parties in the context of the online sale of products and services offered on the Website.
DEFINITIONS OF TERMS USED
Customer: refers to any private person who is acting for purposes that are outside of his trade, business, profession, aged at least 18 years old and having made at least one order on the Website. The Customer has an noelkids.com customer account.
Seller: refers to the company Les Petits Chaussons, acting as the seller on the website.
Username: refers to the email address that identifies a User on the Website and allowing him or her to access his or her account.
Password: refers to all secret characters that allow the User to access his or her account.
User: refers to any person using the Website www.easypeasy.fr or one of the services offered by it.
CONDITIONS FOR ACCESSING AND USING THE WEBSITE
The Website Easy Peasy is an e-commerce website accessible using the Internet. All costs relating to accessing the Website remain the responsibility of the User/Customer.
The creation of a Customer account is mandatory to allow the User to make an order. The User is responsible for the secrecy of his or her Username and Password and must not communicate it to a third party. The creation of an account will allow the User to access the following services:
make an order,
see the history of orders placed,
manage a wish list of favourite items,
see and use coupons,
manage their addresses and personal information,
manage item returns.
By creating an account, the User accepts these general conditions of use and of sale. The creation of an account on the Website is reserved for any private person considered to be an adult by the law of the country in which he/she lives.
The User will receive an email confirming the account creation on the same day. The company Noel Kids reserves the rights to delete any account that breaches these terms and conditions.
The company Noel Kids and its partners will implement all means to ensure 24/7 access to the Website, but may not be held responsible for any malfunctioning of the Website that hinders access to the Website and the different services on offer. Easy Peasy and its partners will do everything possible to resolve any issues without undue delay.
The Customer confirms receipt, prior to the immediate purchase or on ordering and at the conclusion of the contract, in a clear and understandable manner, of these General Conditions of Sale and all the information listed under article L 221-5 of the French Consumer Code and in particular the following information:
- the main characteristics of the Product,
- the price of the Products and any related fees (delivery, for example),
- in the absence of an immediate execution of the contract, the date or the timescale in which the Seller will deliver the Product,
- information relating to the identity of the Seller, their postal address, electronic address, their activities, if not already apparent from the context,
- information relating to legal and contractual guarantees and their implementation processes,
- the functionality of digital content and, where necessary, its interoperability,
- the possibility of resorting to conventional mediation in the event of a dispute.
When a private person carries out an immediate purchase or orders a Product, this implies full and complete acceptance of these General Conditions of Sale and obliges them to pay for the Products ordered, which is expressly recognised by the Customer, who agrees, in particular, not to recognise any contradictory document, which would be unenforceable to the Seller.
SCOPE OF APPLICATION
These General Conditions of Sale, hereafter known as "GCS", are in force for the sale of Products between, on the one side, those persons carrying out a purchase on the Website, hereafter known as "the Customer" and, on the other side, the company Les Petits Chaussons, hereafter known as "the Company".
The GCS are systematically brought to the attention of each Customer when they make an order on the Website. Any contradictory purchase conditions imposed by the Customer will be unenforceable to the Company.
These General Conditions of Sale can be modified at any time by the Company without prior warning, the modifications will be applicable to any order made following the modification. If a condition is found to be lacking, it will be considered to be regulated by current practices in the distance-sales sector, applicable to companies headquartered in France.
These conditions do not only relate to private, non-commercial persons.
Submitting the order by the Customer is acceptance without restriction or reservation of these GCS.
The Products and services are as offered on the Website on the day the purchaser consults the Website, as long as stocks are available. Generally, descriptions (photographs, texts, information and characteristics) illustrating the Products presented are given as a reference only. In the event of a Product being unavailable, the Company agrees to inform the Customer by email as soon as possible and to offer, on the Customer's choice, refund, or exchange for another Product of the same value, or a coupon for the value of the unavailable Product valid for use on the complete Product catalogue.
The Products offered for sale on the Website are offered until stocks are depleted and without prior warning.
All prices are expressed in Euros (€) and include current French VAT applicable to the sale of products. Any change in the VAT rate may be immediately reflected in the price of the Products on the Website. The prices do not include the delivery costs (see paragraph on "DELIVERY"), which will be detailed for the purchaser when they order on the Website. All orders made on the Website and delivered outside of France may be subject to taxes or customs duties applicable on delivery. These customs duties and additional taxes are borne by the purchaser, who assumes the payment obligation. The Company is not required to verify and inform the purchaser of customs duty and applicable taxes.
The invoice raised by the Seller is available online in the Customer's account.
The Customer can order on the Website www.noelkids.com 24 hours per day, 7 days per week.
To make an order, the following order process must be followed:
• Choose the articles and add them to the basket,
• Validate the contents of the basket,
• Login to the Website (if the Customer has not already logged in),
• Choose delivery method,
• Choose payment method and accept general sales terms and conditions,
• Validate payment.
The Customer will be able to see the different stages of their order and the total price, and correct any errors. The confirmation of the order will validate their acceptance and therefore their acceptance of the price and description of the articles available for purchase.
The Company will confirm the order with the Customer by email within 2 working days of the order being placed. The Customer is invited to print out an order summary.
The articles sold remain the property of the Company until the order has been fully paid for, that is the total price of the order has been collected by the Company.
The Company reserves the right to cancel or refuse any order from a Customer who has an existing dispute relating to the payment of a previous order or whom they consider presents any form of risk.
Orders received are honoured by the Company within the limitations of available stock. In the event when one or several article(s) ordered are unavailable, the Company agrees to inform the Customer as soon as possible, and where appropriate, make a refund within the 14 days following the date on which the Customer has exercised his/her right of withdrawal. The Customer order will be automatically cancelled.
The Company reserves the right to verify personal data provided by the Customer and to take all measures it deems necessary to check that the person who made the order is the person in whose name the Customer account is held and/or the payment methods used, in order to prevent identity theft and fraud.
The Seller does not intend to sell Products to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse immediate purchases / orders of one Product in large quantities.
The payment will be due on the day of the order using one of the following methods, as chosen by the Customer:
- by bank card: debit card, Visa, Mastercard,
- by PayPal.
Payment by bank card is online via the CREDIT AGRICOLE bank's secure system. Information sent is completely encrypted using software and cannot be read during transmission over the network (as identified by the padlock symbol in your browser). In accordance with the French law of 13th March 2000 relating to electronic signatures, the online transmission by the purchaser of his/her bank card number and the final validation of the order are the proof of the totality of the order and the sums due to settle the order.
Payment by PayPal is carried out under the responsibility of the company offering this service.
The order will be sent when the funds have been debited by the purchaser to the favour of the Seller. The Company reserves the right to refuse to honour an order from a purchaser who has not settled the total amount of a previous order.
TRANSFER OF OWNERSHIP
The transfer of ownership of the Products from the Seller to the Customer, whether in the case of an immediate purchase or an order, will only be carried out after complete payment by the Customer, regardless of the delivery date of the Products.
Products purchased on the Website are delivered to mainland France, French overseas departments and territories and the European Union by the French Post Office. Depending on the destination, the following 'Colissimo' parcel services are available:
- 'Colissimo Domicile' (Home Delivery) without signature,
- 'Colissimo Domicile' (Home Delivery) with signature,
- 'Colissimo Relais' (Pick up from Post Office),
- 'Colissimo Relais PickUp' or 'Consigne PickUp' (Pick up from delivery point).
This is a 48 hour service for mainland France (4 days for Andorra) and a 5–8 day service for the rest of the European Union and French overseas departments and territories. The delivery times offered on the Website are given as indications and may vary depending on the destination. The Website does not accept any responsibility for delivery times longer than those mentioned above, due to postal services or transport methods.
Products are delivered to the delivery address provided by the customer when the order is placed. The delivery times indicated are average times and cover the time taken to process, prepare and send the order.
If you select the 'Colissimo Domicile' (Home delivery) without signature, the parcel will be left in the letter box at the recipient's address. If your letter box is located away from your front door, its security is your responsibility. If the letter box's dimensions are not large enough for the parcel, the delivery person will deliver it to the door. The parcel will be given either to the recipient or a person connected to him/her, either living at the address or nominated by the recipient. It can also be given, at the discretion of the post office, to a person who has permission to collect it or to an identified third party.
If a parcel cannot be delivered due to the dimensions of the letterbox, and/or the absence of the recipient, there may be a second attempt at delivery the next day, or a card will be left by the delivery person. This card will indicate the details of the post office where the recipient will be able to pick up the parcel. Any Product taken to a post office will be given to the recipient or his/her representative duly empowered as such, on presentation of ID and against a signature. The duration a parcel will be held is 15 consecutive days. This duration does not include the day of the original delivery attempt. After this 15-day period, the parcel will be returned to the Company. If the parcel is returned to the Company as a result of non-receipt by the purchaser, any new delivery of the order will be subject to delivery charges.
The Customer will receive an email containing the parcel's tracking number in order to track its progress by connecting to the website http://www.laposte.fr/particulier/outils/suivre-vos-envois.
If the Colissimo tracking service indicates that the parcel has been delivered but the Customer has not received the parcel or if the parcel is delayed in comparison with the advertised timelines by the transporter, the Customer must contact the post office and make a complaint directly, but under no circumstances can the Company Les Petits Chaussons be held responsible for the loss or theft of a parcel, thus no compensation or replacement will be possible.
Rates for Mainland France: from €4.00 incl. VAT with the Colissimo Relais La Poste service or the Relais PickUp or Consigne PickUp services. Delivery costs in Mainland France are free on orders of €75 or more, using the Colissimo Domicile without signature service.
European rates: from €11.50 incl. VAT for the listed European countries. On orders of €150 or more, delivery is free, using the 'Colissimo Domicile' (Home Delivery service without signature.
If a parcel is returned by the transporter to the Company for one of the following reasons: "no longer at this address", "holding period exceeded", or other reason for which the Customer is responsible, the Company will request the fee for a second delivery of the parcel from the Customer. If the Customer refuses, the order will be cancelled and the Company will refund the order, minus a handling fee, which will include as a minimum the cost of the first delivery.
THE CUSTOMER'S RIGHT TO CANCEL
The Customer has a 14 day cooling off period following the placing of the order on the Website to exercise his/her right of withdrawal without needing to justify why or needing to pay any penalties. In the event that the parcel has been sent between the order date and the date of exercising the right of withdrawal, the costs of delivery and return to the Company will be the purchaser's responsibility. Any return request must be carried out via our online form with the order reference number. Products must be returned in their original packaging and wrapping, using a tracked service at the Customer's costs, to the following address: N3B Noël Babybotte - Service retours - B.P. 21 - 6 Avenue d’Helmstedt - 35 501 Vitré, France.
EXCHANGES, RETURNS AND REFUNDS
Any claim must be communicated in writing within fourteen (14) days following the date of receipt of the goods by post with return receipt or via the online form provided for this purpose. All claims made after this timeline cannot be considered and the Company will not be liable.
Any item returned must be received perfectly intact. On receipt of the parcel, the Company will assess the condition of the returned goods. No return will be accepted if the returned article has been visibly used or damaged by the Customer and this use or damage make it unfit for sale. If the return is refused by the Company, the article will be returned to the Customer at the Company's costs, without the Customer being entitled to any compensation or refund right, with the exception of any subsequent exercising of his/her warranty rights for the goods purchased. In the event of an exchange, if the article returned has been visibly used or damaged by the Customer, and this use or damage make the article unfit for sale, the Company can undertake any relevant recovery measures from the Customer.
If the conditions mentioned are fulfilled, the Company will proceed with an exchange or refund of the faulty Product(s), within a timeline of thirty (30) days from the date the parcel was received by the Company. Any Product return is subject to a formal agreement between the Company and the Customer. Any return accepted by the Company, in the case of an apparent fault or non-compliance of the items delivered, will allow the Customer to obtain either a refund or a replacement for the Product, or receive a coupon for the corresponding amount, to the exclusion of any other indemnities, damages or interests.
Products must be returned within 48 hours in their original packaging and wrapping, using a tracked service at the Customer's costs, to the following address: N3B Noël Babybotte - Service retours - B.P. 21 - 6 Avenue d’Helmstedt - 35 501 Vitré, France.
In the event of a dispute, an amicable solution will be sought before any legal action. By default, any legal action will be brought to the competent courts within the jurisdiction of the Company's headquarters, which is the Tribunal de Commerce de Rennes (Rennes Commercial Court).
All the articles offered by the Company are subject to the statutory guarantee set out in articles L217-4 et seq. of the French Consumer Code and to the guarantee of latent defects set out in articles 1641 et seq. of the French Civil Code.
Hence, the Customer has two (2) years to assert their rights under one or the other of these guarantees. For non-compliance with the Code, the timeframe begins on delivery. For latent defects, the timeframe begins from the time the defect was discovered.
In the event that an apparent defect, lack of conformity or latent defect declared by the Customer is proven, following an assessment, the Company will carry out the necessary repair or replacement of the Product. In the event that this is impossible, the Company reserves the right to refund the Customer at its own costs.
In no case will the Company be held responsible for the misuse and/or the intensive use of articles by the Customer.
In order to preserve his/her rights, the Customer must inform the Seller, in writing, of any non-compliance of Products within the above-mentioned time period and return any faulty Products in the condition in which they were received with all their elements (accessories, packaging, user manual, etc.).
All the elements of the Website, both visual and acoustic, are protected by copyright, trademark and patents. They are the exclusive property of the Company. Any user with a personal website, may add a link that leads directly to the Website's home page only after requesting the Company's express permission.
The Seller retains ownership of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., made (including on Customer request) for the purpose of Customer Products.
The Customer thus agrees to refrain from making any reproduction or from using any of the aforementioned photographs, presentations, studies, drawings, models or prototypes, etc., without express prior permission in writing from the Seller, who may make it conditional on financial compensation.
The Company makes every effort to ensure the confidentiality and the security of data that may be input or transmitted via the Website. In accordance with the French law of 6th January 1978 relating to data processing, data files and civil liberties, the user has a right to access and correct any data that concerns them. In order to do this, a letter may be sent to the Company opposing their access to his/her personal data, with proof of identity. Information collected on the Website will not be used or be subject to exterior communication other than that necessary for managing or satisfying legal and regulatory obligations. However, if the user agreed at the time they subscribed to the Website, they may receive certain special offers via the Website.
CASES OF FORCE MAJEURE
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by an accidental event or force majeure. For the purposes of this clause, an accidental event is defined as any unforeseeable and unavoidable circumstance not attributable to any party. The party affected by such circumstances will advise the other within ten working days following the date on which he/she had knowledge of it. Both parties will then contact each other, within one month, except if the force majeure prevents them from doing so, in order to examine the consequences of the incident and to agree on how the obligations of the contract will be fulfilled. Should the force majeure event have a duration of more than three months, the contract will automatically be cancelled by the injured party.
APPLICATION OF LAW AND LANGUAGE
By express agreement between the parties, these GCS and the resulting operations are governed by and subject to French law.
These GCS were originally written in French.
In the event that they are translated into one or more languages, only the French text will be authoritative in the event of a dispute.
Any dispute arising from the purchasing and selling transactions carried out under these GCS, relating to their validity, interpretation, execution, termination, consequences, aftermath, which cannot be resolved amicably between the Seller and the Customer, will be subject to the competent courts under conditions laid down by law.
The Customer is informed that he/she can, in any event, resort to mediation, in particular with the Commission de médiation de la consommation (Consumer Mediation Commission, Article L612-1) or from other existing bodies, or to any alternative dispute resolution method (for example, conciliation), in the event of a dispute.