General Terms and Conditions (GTC)

These General Conditions of Sale supplement the General Conditions of Use and the Privacy Policy.

Last update on: 07/15/2021

Article 1: object

The website https://pipouette.com (hereinafter referred to as " the Site ") is an e-commerce platform, which allows Internet users (hereinafter referred to as " Buyers ") to acquire various products, in particular games , toys, accessories, clothing (hereinafter referred to as " the Products "), offered for sale on the Site by the company PIPOUETTE (hereinafter referred to as " the Seller "), whose identity is given below. Buyers can purchase the Products by placing an order on the Site (hereinafter referred to as " the Order ").

These General Conditions of Sale (hereinafter referred to as " the GCS ") apply without restriction or reservation to all online sales offered on the Site by the Seller.

Their purpose is to define and regulate the terms and conditions of the online sale of the Products, as well as the rights and obligations of the Seller and the Buyers in this context.

Article 2: Identity of the seller & contact

The Site is operated by the Seller, namely:

PIPOUETTE, a limited liability company (sole shareholder company) whose share capital is 1,000 euros and whose registered office is located at the following address: 9 avenue Sisley – 92150 SURESNES, registered in the Trade and Companies Register de Nanterre under number 848 948 782, represented by Mrs Nathalie MORENO as Manager, duly authorized for the purposes hereof.

Email address: bonjour@pipouette.com

In the event of a complaint, the Buyer may contact the Seller at the following email address: bonjour@pipouette.com (or by clicking on the contact form accessible on the page https://pipouette.com/contact/ ), or at the above telephone number.

Article 3: Acceptance of the GCS

The T&Cs are accessible and printable at any time via a direct link at the bottom of each page of the Site.

Acceptance of the GCS by the Buyer is materialized by a checkbox in the Order form. Any conditional acceptance is considered null and void. The Buyer who does not agree to be bound by the T&Cs cannot place an Order on the Site.

The GCS prevail over any other general or specific conditions not expressly approved by the Seller.

The Seller reserves the right to modify the GCS at any time by publishing a new version on its website. The current version of the GCS is the one that can be consulted online on the Site on the date of the Buyer's Order (even in the event of payment in several instalments).

Article 4: Product characteristics

Prior to any Order, and in application in particular of the provisions of Article L111-1 of the Consumer Code, the Buyer may read, on the Site, the essential characteristics of each Product that he wishes to order.

The Products are offered for sale within the limit of available stocks only, or subject to the possibility of pre-ordering them if necessary. This contractual information is presented in French.

For any additional question relating to the Products, the Buyer may contact the Seller under the conditions of article 2 of the GCS.

Article 5: Price

5.1 Display of prices

The selling prices of the Products are displayed on the Site, before the Order, in the summary of the Order before payment and in the Order confirmation email.

They are indicated in euros, all taxes included (French VAT and other applicable taxes).

The Seller reserves the right, at its own discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.

The prices do not include any delivery costs applicable to the delivery of the Products, invoiced in addition to the price thereof. The amount of the applicable delivery costs will be indicated before the validation of the Order by the Buyer.

The prices do not include any customs duties and local taxes or import duties or state taxes that may be payable depending on the case, in particular in the event of purchase outside the European Union and/or in the DOM-TOM. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the Buyer and are his responsibility (in particular declarations, payment to the competent authorities). The Seller therefore invites the Buyer to find out about these aspects from the corresponding local authorities.

Any bank charges and telecommunications charges necessary to access the Site remain the responsibility of the Purchaser.

5.2 Price revision

The Seller reserves the right to modify the prices of the Products at any time, at its own discretion.

The prices of the applicable Products are those indicated on the Site on the day of the Order (even in the event of payment in several instalments).

Article 6: Order

The Buyer may order one or more Product(s).

6.1 Ordering

The Buyer will have to follow a series of specific steps to be able to place his Order. The steps described below are systematic:

• Information on the essential characteristics of the Product;

• Choice of the Product, if necessary of its options and indication of the contact details of the Buyer; the Buyer has the option of creating
or connect to a personal account, under the conditions of article 7 of the GCS;

• Verification of the elements of the Order and, if necessary, correction of errors;

• Validation of delivery information;

• Follow-up of instructions for payment, and payment of the Order, under the conditions of article 8 of these GTC.

When ordering, the Buyer clicks on "Order" and acknowledges placing an order with an obligation to pay. This action constitutes the formation of a distance selling contract concluded between the Seller and the Buyer. As of this action, the Buyer will no longer be able to cancel his Order (subject to the exercise by the Buyer of his right of withdrawal under the conditions of article 9 of the GCS).

The Order is deemed to have been received by the Seller when the latter can access it.

6.2 Order Confirmation

Once the Order has been paid for by the Buyer, the latter will then receive confirmation by e-mail of payment for the Order, as well as an acknowledgment of receipt of the Order confirming it and summarizing the elements of the Order, namely the description of the or Product(s) purchased and the corresponding price, as well as the expected delivery time. The confirmation email also includes a copy of the current T&Cs as well as a mention of the period and terms of withdrawal.

The Buyer must ensure that the email address provided when placing the Order is correct and that it allows him to receive the Order confirmation email. If it is not received within twenty-four (24) hours of the Order, the Buyer must contact the Seller at the contact details mentioned in article 2 of the GCS.

The Seller recommends that the Buyer keep the information contained in the Order confirmation.

The Order confirmation is deemed to have been received by the Buyer when he can access it.

6.3 Cancellation or suspension of order

The Seller reserves the right to cancel any Order if the Product is out of stock. He will have to inform the Buyer by email and will, if necessary, refund the full price paid by him. The Seller may also offer the Buyer another product that may be available.

The Seller reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Purchaser, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous Orders.

Article 7: Creation, management and deletion of the account

7.1 Order Confirmation

The Buyer will be able to create a personal account on the Site (hereinafter referred to as " the Account ").

For the creation and management of the Account, the Buyer must provide all the information marked as mandatory.

The Buyer guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not vitiated by any misleading character.

He undertakes to update this information in his Account in the event of modifications (in particular: change of postal address), so that they always correspond to the aforementioned criteria. This update is carried out by logging into the Account and modifying the contact details concerned.

The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the Buyer is binding upon validation.

The Buyer can access his Account at any time after identifying himself using his username/email address and password.

The Buyer agrees to personally use his Account and not to allow any third party to use it in his place or on his behalf, except to bear full responsibility.

He is also responsible for maintaining the confidentiality of his username/email address and password, any access to his Account using the latter being deemed to have been made by the Buyer. The latter must immediately contact the Seller using the contact details mentioned in article 2 of the GCS if he notices that his Account has been used without his knowledge. It recognizes the Seller's right to take all appropriate measures in such cases.

The Purchaser must, moreover, take the necessary measures to safeguard by his own means the information in his Account that he deems necessary, of which no copy will be provided to him.

7.2 Account deletion

The Purchaser may delete his Account at any time, by clicking on the "Delete my account" section of his Account.

Unsubscription is effective immediately. It entails the automatic deletion of the Buyer's Account.

The Seller will delete any Account that has remained inactive for a continuous period of 36 (thirty-six) months.

It is specified that the data and contracts will be kept for needs such as a legal obligation to keep the data or documents which may include data or for evidential purposes for the applicable legal prescription period.

Article 8: Payment

8.1 Terms of payment

The full price of the Products is due (in euros) immediately upon Order, including for pre-order products, when the Buyer clicks on "Order" and acknowledges placing an order with an obligation to pay.

Installment/deferred payment is available through our partner Alma. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.

Amount of purchases

P2X: Only purchases between €120 and €2,000 are eligible for payment with Alma.
P3X: Only purchases between €120 and €2,000 are eligible for payment with Alma.

Costs

By paying in installments with Alma, the Customer does not pay any fees.

Alma is a tele-payment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the Civil Code.

Termination

Any termination of the T&Cs that bind the Seller and the customer results in the termination of the T&Cs between Alma and the customer.

8.2 Billing

The invoice corresponding to the Order is attached to the Order confirmation email.

8.3 Reserva tion of title

The Seller retains full and entire ownership of the Products covered by the Order until full and complete payment of the price of the said Order, delivery costs included.

Article 9: Delivery

9.1 Territory of deliveries

Deliveries can take place in France and outside France.

9.2 Delivery methods

The Products ordered on the Site are delivered to the delivery address which was indicated during the Order (which may be different from the billing address, in which case the Buyer must indicate it).

The Buyer has the choice between several delivery methods, depending on the territory concerned: La Poste (letter followed or colissimo) or Mondial Relay.

He must select the desired delivery method and provide all the information necessary for the actual delivery of the Product(s) according to this method.

The Buyer is informed, before the Order, of the possible delivery methods. He is informed, in the Order summary before payment, as well as in the Order confirmation email, of the delivery method he has chosen.

9.3 Rates

The delivery price of the Order before the Order and is recalled in the summary of the Order before payment, as well as in the Order confirmation email.

The delivery costs may be reassessed by the Seller according to the rates applied by the carriers. The applicable delivery costs will be those indicated on the Site on the date of the Order (even in the event of payment in installments).

9.4 Delivery times

The delivery times are those indicated on the Delivery and Returns page: https://pipouette.com/delivery-and-return/

The delivery is made within the time indicated before the Order, in the summary of the Order before payment and in the Order confirmation email.

If the Order is placed on a working day, it will be dispatched the following day. If the Order is placed on a Saturday or Sunday or a public holiday, it will be dispatched the next working day.

The Buyer can approach the Seller for the follow-up of his Order by contacting him at the coordinates mentioned in article 2 of the GCS.

The Seller recalls that when the Buyer takes physical possession of the Order, the risk of loss or damage to the Products is transferred to him. At the time of delivery, it is up to the Buyer to check that the package has not been damaged and report it to the carrier if necessary.

In the absence of delivery within the above period, except in the cases mentioned in Articles 13.4 and 13.5 of the GCS, the Buyer may cancel the Order, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered the Seller, under the same terms, to make the delivery within a reasonable additional period, it was not executed within this period.

The contract is considered resolved upon receipt by the Seller of the letter or writing informing it of this resolution, unless delivery has taken place in the meantime.

In the event of termination of the contract according to the above terms, the Buyer will be reimbursed for all the sums he has paid, including delivery costs, at the latest within 14 (fourteen) days following the date at which the contract will have been terminated.

Article 10: Right of withdrawal

The Buyer has a period of 14 (fourteen) days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or pay penalties, with the exception of the return costs which remain at his expense and which he will have to pay. When his Order relates to several Products delivered separately, the above period runs from receipt of the last Product.

The Buyer who wishes to exercise his right of withdrawal must send by email to the Seller at the email address mentioned in article 2 of the GCS, before the expiry of the period above, the withdrawal form annexed to the GCS duly completed, or a statement clearly expressing his desire to withdraw and including his order number. The Seller communicates, without delay, to the Buyer an acknowledgment of receipt of the withdrawal on a durable medium.

Products must be returned under the following conditions:

They must be returned to the following postal address: PIPOUETTE, Nathalie MORENO, 9 avenue Sisley – 92150 SURESNES, at the latest within 14 (fourteen) days following communication by the Buyer of his wish to withdraw.

They must not be washed or worn (except for the first fitting). They should if possible be accompanied by a copy of the proof of purchase. The Buyer is deemed responsible in the event of deterioration of the Products when they are returned to the Seller (in particular traces of drool, deterioration of fabrics, cooking or perfume odors, stains).

The Buyer will be reimbursed for all sums paid for his Order, minus the return costs, which remain the responsibility of the Buyer. This reimbursement will take place as soon as possible and at the latest within 14 (fourteen) days from the effective recovery of the Products by the Seller or until the Buyer has provided proof of the shipment of the Products, the date retained being that of the first of these events. The refund will be made using the same means of payment as that used for the initial transaction, unless the Buyer and the Seller expressly and in writing agree on a different means. In any event, this refund will not incur any costs for the Buyer. The Seller is not obliged to reimburse the additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.

Article 11: Legal Guarantees

In accordance with the law, the Buyer benefits from the legal guarantees of conformity as well as due to hidden defects of the thing sold.

When acting as a legal guarantee of conformity, the Buyer:

has a period of two years from the delivery of the property to act;

can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;

is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee granted.

The Buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

11.1 Equal legal guarantee of conformity

If the Buyer finds that the Product delivered to him has a defect, a non-conformity or is damaged, he must inform the Seller by email to the email address mentioned in article 2 of the GCS, indicating the nature of the defect, the non-conformity or the damage observed and by sending it any useful proof, in particular in the form of photograph(s) (it being specified that the defects of conformity which appear within a period of twenty-four months from from the delivery of the Products are presumed to exist at the time of delivery, unless proven otherwise).

The Seller will agree, with the carrier of his choice, the terms of the return, of which he will inform the Buyer by any useful means. The Seller will bear the costs of this return.

The Products must imperatively be returned to the Seller with a copy of the corresponding purchase invoice.

The Seller will carry out the necessary checks and will offer the Buyer the replacement of the Product as far as possible if the defect, non-compliance or damage is proven. If the replacement of the Product is impossible, the Seller will reimburse the Buyer for the full price paid for the Product as well as the corresponding delivery costs, by any useful means. The Buyer may also decide to keep the Product and be reimbursed part of the price.

It is recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

11.2 Warranty against hidden defects

Under the warranty against hidden defects, the Buyer has the choice of returning the Product and having the price refunded, or keeping the Product and having part of the price refunded.

11.3 Reminder of applicable legal provisions

For all practical purposes, the following legal provisions are recalled:

Article L217-4 of the Consumer Code: The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to defects of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L217-5 of the Consumer Code: The property is in accordance with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code: The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.

Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.

Article 12: Obligations of the buyer

12.1 Legal capacity of the Buyer

Ordering is accessible:

To any natural person with full legal capacity to engage under the GCS. Consequently, if a person without legal capacity ordered Products on the Site, his legal guardians (parents, guardians, in particular) would assume full responsibility for this Order.

To any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.

The Buyer acknowledges complying with the provisions of this article.

12.2 Obligations regarding the use of the Products

The Buyer is solely responsible for the use he makes of the Products.

It belongs to him:

to verify the adequacy of the Products to its specific needs prior to the Order of the said Products;

to use the Products in accordance with the indications given on the Product label and the instructions communicated by the Seller.

Article 13: Liability of the seller

13.1 The Seller does not provide the Buyer with any guarantee as to the adaptation of the Products to his needs, expectations or constraints, other than the guarantee of conformity set out above.

13.2. The Seller cannot guarantee that the information on the packaging of the Products is translated into all languages. However, this information is available at least in French.

13.3 The Seller cannot be held liable for damage resulting from use of the Products that does not comply with the recommendations provided on the Product label or does not comply with the instructions communicated by the Seller.

13.4 The Seller cannot be held responsible for the non-performance or delay in the performance of sales contracts due to circumstances external to it or a case of force majeure, it being expressly specified that are considered as cases of force majeure, in addition to those which are usually retained by the case law of the French courts: exceptional bad weather, natural disasters, fires and floods, explosions, lightning, attacks and acts of terrorism, wars and riots, epidemics and pandemics, closures, prohibitions and/or administrative, regulatory or legal restrictions, cases of disruption or blockage of telecommunications networks, means of transport or postal services, including due to strikes, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the GCS.

13.5 The Seller cannot be held liable for non-performance of the contract or delay in delivery if this non-performance or delay is attributable to the Buyer, in particular in the following situations:

inaccuracy or imprecision of the delivery address provided by the Buyer in accordance with the provisions of article 9.2 of the GCS. Thus, in the event of a new delivery following this inaccuracy or imprecision, the costs relating to this new delivery will be invoiced to the Buyer.

the Buyer does not collect the delivered package within the time limit given to him by the carrier.

13.6 In any case, the liability likely to be incurred by the Seller under the GCS is expressly limited to only proven direct damage suffered by the Buyers.

Article 14: Intellectual property rights and protection of personal data

14.1 The Buyer undertakes not to infringe the intellectual property rights of the Seller.

The structure of the Site but also the texts, graphics, images, photographs, sounds, videos, computer applications and databases, which compose it, as well as the trademarks and other intellectual property rights relating to the Products presented, sold and promoted on the Site (hereinafter referred to as " the Protected Elements "), are the property of the Seller and are protected as such by the laws in force under intellectual property. In particular, the term " " is deposited and registered as a trademark and the Products are the subject of designs and models.

The author of the photographs on the Site is: Sarah Annie

Any representation, reproduction, adaptation or partial or total exploitation of the Protected Elements, by any means whatsoever, without the prior, express and written authorization of the Seller, is strictly prohibited and could constitute an infringement within the meaning of the provisions of the Code. intellectual property.

Access to the Site and its use do not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to the Protected Elements, which remain the exclusive property of the Seller.

The Purchaser is prohibited from entering data on the Site which would modify or which would be likely to modify its content or appearance.

14.2. The Seller has a Confidentiality Policy which the Buyer is expressly invited to read.

Section 15: Advertising

The Seller reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages and under conditions of which the Seller will be the sole judge.

Article 16 : Modification of the GCS

The Seller reserves the right to modify the GCS at any time. He will post the T&Cs as amended and these will apply to any Order placed after this posting.

Section 17 : Language

In the event of a translation of the GCS into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.

Article 18: Mediation

The Buyer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of these GCS which would oppose him to the Seller, under the conditions provided for according to the provisions of the Code of consumption.

For this purpose, he can contact the following consumer mediator:

Center for Consumer Mediation of Justice Conciliators (CM2C)

14 rue Saint-Jean – 75017 Paris

Telephone: 06.09.20.48.86.

Website: https://cm2c.net/

E-mail address : cm2c@cm2c.net

The Buyer, if he wishes to have recourse to mediation, must justify having tried, beforehand, to resolve his dispute directly with the Seller by a written complaint according to the methods provided for in article 2 of the GCS.

Article 19: Applicable law and jurisdiction

All the clauses appearing in these T&Cs are subject to French law.

In the event of a dispute over the validity, interpretation and/or execution of the GCS, and in the absence of an amicable resolution or recourse to mediation, or in the event of failure of mediation, the said dispute will be submitted to the French courts. , unless otherwise provided by law which would refer to the mandatory jurisdiction of a foreign jurisdiction. The Buyer may seize either one of the jurisdictions with territorial jurisdiction under the Code of Civil Procedure, or the jurisdiction of the place where he lived at the time of the conclusion of the GCS or the occurrence of the harmful event.

Article 20 : General

If one or more stipulations of the GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their scope.

The fact that the Buyer or the Seller does not rely on the other party for a breach of any of the obligations referred to in the GCS cannot be interpreted for the future as a waiver of the obligation in question.