Terms of sale
Customer: refers to any living non-trading individual with full legal capacity that has created an account on the Website.
Order: means the act whereby the Customer commits to purchasing one or more products via the e-commerce module of the Website.
LPE ONLINE - LA PETITE ÉTOILE: “société par actions simplifiées” with a 260.976 euros capital, which headquarters are located at 15, rue du Louvre – 75001 Paris (75001), France, registered under SIREN 891836991 - SIRET 89183699100010 RCS Paris.
Products: refers to the ready-to-wear clothing presented on the Website.
Website: refers to the e-commerce Website owned, managed and published by LPE ONLINE, available here: www.lapetiteetoile.com.
II. ACCEPTANCE OF GENERAL SALE CONDITIONS
The general sale conditions (« GCS ») detailed below apply to all orders of products and services (the « Products ») placed through the Website LPE ONLINE - LA PETITE ÉTOILE by anyone (the « Customer»).
The Customer must read the General Terms and Conditions before placing any order (the "Order"). The General Terms and Conditions are available on the Website.
LPE ONLINE - LA PETITE ÉTOILE reserves the right to adapt or amend these GCS at any time. The User must refer to the latest version of the GCS available on the Website at the time of their Order. Consequently, placing an Order by following the ordering procedure proposed on the Website implies acceptance of the GTCS and associated costs.
These GCS take precedence over any other document.
III. WEBSITE INFORMATION AND ACCESSIBILITY
LA PETITE ETOILE is an e-commerce Website owned, managed and published by LPE ONLINE - LA PETITE ETOILE.
The Website is accessible to all users of the Internet network in principle 24/24, 7/7, except in case of an interruption, whether scheduled or not, by LPE ONLINE - LA PETITE ÉTOILE or its service providers, for the needs of its maintenance and/or security or in the event of force majeure (as defined in Article XII).
LPE ONLINE – LA PETITE ÉTOILE shall not be held liable for any inconvenience or damage due to interrupted service on the Website.
LPE ONLINE – LA PETITE ÉTOILE does not warrant that your use of this Website will be uninterrupted or error-free. In this respect, LPE may freely and at its sole discretion determine any period of unavailability of the Website or its content.
LPE ONLINE - LA PETITE ÉTOILE cannot be held responsible for data transmission, connection or network unavailability problems.
LPE ONLINE - LA PETITE ÉTOILE reserves the right to update the Website, for technical or commercial reasons. If these changes do not substantially alter the conditions of supply of the services in a negative way, the Customer may be informed of the changes made, but their acceptance is not requested.
IV. WEBSITE REGISTRATION
In order to place an Order, the Customer must first register on the Website by creating an account that contains the information required to identify them (the "Account").
By creating an Account, the Customer declares and guarantees to LPE ONLINE - LA PETITE ÉTOILE that they are of legal age and have the legal capacity to contract.
The Customer's registration on the Website is validated by LPE ONLINE - LA PETITE ÉTOILE after verification of the standard form filled in by the Customer. The Customer receives a registration confirmation email.
When creating their Account, Customers must ensure that the data they provide is accurate and complete and undertake not to steal the identity of a third party, nor to hide or change their age. The Customer shall update their personal information when necessary. In the event of an error in the recipient's details, ONLINE Group - LA PETITE ÉTOILE shall not be held responsible for the impossibility of delivering the Products.
The creation of an Account requires the Customer to choose a confidential login email and password.
The Customer is accountable for the confidentialty of their password and commits not to disclose it under any circumstances.
In the event of suspicion of illegitimate use of their Account by a third party, the Customer must immediately alert LPE ONLINE in order to change their password and/or to request to delete their Account.
LPE ONLINE - LA PETITE ÉTOILE may delete the Customer's Account at any time for a legitimate reason and, in particular in the event of non-payment of one or more previous Orders, or in the event of the detection of fraud during the Order or concerning a previous Order. In this case, LPE ONLINE - LA PETITE ÉTOILE will email the Customer at the address they used when creating their Account to inform them that their login and password have been deactivated and that their Account has been closed. The Customer has 8 (eight) calendar days to make his observations to LPE ONLINE - LA PETITE ÉTOILE, without prejudice to the suspension of his Customer Account during the period of notice.
The products that are presented on the Website are those described on the Website on the day the Customer consults it, within the limits of available stocks. These are updated in real time. However, LPE ONLINE - LA PETITE ETOILE does not bear liability on any mistake in the updating process, whatever its cause might be. In this respect, LPE ONLINE - LA PETITE ÉTOILE shall not be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
LPE ONLINE - LA PETITE ÉTOILE is very careful with the presentation and description of these products in order to provide the Customer with the best possible information. However, errors may appear on the Website, which the Customer acknowledges and accepts.
The photographs that may accompany the presentation of the products are as accurate as possible but cannot ensure perfect similarity with the product offered and, in some cases, present suggestions of presentation in which all the elements are not systematically offered for sale.
It must be pointed out that the products offered comply with the regulations in force relating to the composition of products, in the sense that they comply with consumer health and safety.
When placing an Order, the Customer may receive an item that was returned by someone else. LPE ONLINE – LA PETITE ÉTOILE must point out that it only accepts returns for intact and unworn Products. Every returned item is controlled before being put back in stock.
The ordering process on the Website is subject to the respect of the policy implemented by LPE ONLINE – LA PETITE ÉTOILE on the Website. It contains successive steps that lead to the validation of the order. It implies an obligation to pay.
If the Customer wants to place an order through the Website, they must:
- Create an account and provide the information the Website requires (name, surname, address, email address, phone number), or if they have an already existing account, log in with their email and confidential password;
- View the item page and add the item or items to their basket;
- Validate basket;
- Correct the eventual typing mistakes;
- Confirm order;
- Choose and confirm payment method.
The Customer can pick as many Products as they want and add them to their basket (« Basket »). The Basket contains a summary of the Products chosen by the Customer, along with the prices and charges relating thereto. The Customer is free to modify the content of their Basket before validation. By confirming the Order, the Customer accepts the GCS, the purchased Products, their prices, and the additional charges.
A confirmation email containing an Order summary (Products, prices, availability, product quantity...) will be sent to the Customer by LPE ONLINE - LA PETITE ÉTOILE. For this purpose, the Customer officially agrees to the use of email for the Order confirmation by LPE ONLINE - LA PETITE ÉTOILE. Accordingly, the Order is subject to prior agreement from LPE ONLINE - LA PETITE ÉTOILE and will only be confirmed once the Customer has received an email confirming the processing of the Order.
If a Customer doesn't receive an email following their order and payment, they can reach out to the LPE ONLINE - LA PETITE ETOILE customer service (contact details described in Article XIII of these GCS).
VII. PRODUCT UNAVAILABILITY
In the event of unavailability of the product ordered, LPE ONLINE - LA PETITE ÉTOILE will inform the Customer by e-mail as soon as possible and the amount will be reimbursed to the Customer within thirty days of payment.
The Customer be reimbursed within 30 days. In such a case, the return fees will be borne by LPE ONLINE - LA PETITE ÉTOILE.
VIII. REFUSAL TO PROCESS AN ORDER
LPE ONLINE - LA PETITE ÉTOILE reserves the right to withdraw at any time any Product displayed on the Website and to replace or modify any content or information appearing on the latter. Despite the best efforts of LPE ONLINE - LA PETITE ÉTOILE to satisfy the expectations of its customers, it is possible that LPE ONLINE - LA PETITE ÉTOILE may refuse to process an order after having sent the Customer the confirmation email summarising the Order.
LPE ONLINE - LA PETITE ÉTOILE shall not be held liable to the Customer or to any third party as a result of the decision to withdraw a Product from the Website, or as a result of the decision to replace or modify any content or information appearing on this Website, or as a result of the refusal to process an Order after the confirmation email summarising the Order has been sent.
IX. PRICE AND PAYMENT METHOD
Customs duties and other taxes are not included in the price paid by the Customer. These fees will be paid by the Customer directly to the carrier.
Products prices are given in euros, VAT are included, but not shipping and custom fees.
All prices shown include value added tax (VAT) applicable in France, which may vary depending on the country of invoicing.
LPE ONLINE - LA PETITE ÉTOILE reserves the right to amend prices at any given time. The items will be charged according to the prices displayed when the ordered was paid for and processed, depending on availability.
Products are payable in cash when the Order is placed.
Product payment is made with Paypal or by bankcard (CB, Visa, MasterCard, American Express) through our partner’s PayPlug safe payment platform.
PayPlug SAS is a company registered with the Registre du Commerce de Paris under the number RCS 751 658 881 whose registered office is located at 23-25 rue Jean-Jacques Rousseau, 75001 Paris, France.
For more information, the Customer can visit this Website: https://www.payplug.com/fr/. The Customer expressly acknowledges that the communication of their bank card number to LPE ONLINE - LA PETITE ÉTOILE constitutes authorisation to debit their Account up to the price of the Products ordered. Where applicable, LPE ONLINE - LA PETITE ÉTOILE shall send the Customer notification of the cancellation of an Order due to non-payment, to the email address provided by the Customer when registering on the Website.
The data recorded and kept by LPE ONLINE - LA PETITE ÉTOILE constitutes proof of the Order and of all sales made. The data recorded by PayPlug constitutes proof of any financial transaction between the Customer and LPE ONLINE - LA PETITE ÉTOILE.
Consult section « Livraison et retours »
XI. REFUND AND RETURNS
Consult section « Livraison et retours »
XII. GUARANTEES - LIMITATION OF LIABILITY
The liability of LPE ONLINE - LA PETITE ÉTOILE with regard to any Product purchased on the Website is strictly limited to the purchase price of the latter. LPE ONLINE - LA PETITE ÉTOILE will in no case be responsible for the following losses, regardless of their origin:
- Loss of income or sales
- Loss of business
- Loss of profits or contracts
- Loss of anticipated savings
- Loss of data
- Loss of work or management time
- Loss of image
- Loss of opportunity, in particular to order a Product,
- Moral prejudice.
The documents, descriptions and information relating to the Products appearing on the Website are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided by law.
LPE ONLINE - LA PETITE ÉTOILE shall not be held liable for any inconvenience or damage due to the transmission of a computer virus or worm, logic bomb, trojan, cancelbot or any technologically harmful material including any transmission resulting from the downloading of any content by the Customer, the software used by the Customer to download the content, the Website or the server used to access it. In this respect, the Customer acknowledges that it is their responsibility to install appropriate anti-virus and security software on their computer hardware and any other devices in order to protect them against any bugs, viruses or other such programming routines that may prove harmful.
The Customer acknowledges that they assume all risks associated with any content downloaded or otherwise obtained through the use of the Website and agrees that they are solely responsible for any damage to their computer system or loss of data resulting from the download of such content.
LPE ONLINE - LA PETITE ÉTOILE is only obliged to deliver Products that comply with the contractual provisions. Products are considered in line with contractual dispositions if the following conditions are met: (i) they must comply with the description and possess the characteristics set out on the Website; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which may reasonably be expected.
In addition, LPE ONLINE - LA PETITE ÉTOILE guarantees consumers against lack of conformity and hidden defects for the Products on sale on the Website under the following conditions:
Any apparent defect in a Product must be reported by e-mail (email@example.com) within three days starting from delivery day. Any report must specify the defect in question. If this is not the case, no claim will be accepted, and no returns or exchanges will be possible. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the head office of LPE ONLINE - LA PETITE ÉTOILE, after sending an e-mail indicating the apparent defect of the Product referred to above. The cases of apparent defect confirmed by LPE ONLINE - LA PETITE ÉTOILE lead to, depending on the content of the Customer's complaint, either to the establishment of a credit note in favour of the Customer, or to the replacement of the Product, or to the outright reimbursement of the Price to the Customer within a period of 14 days. If the returns procedure is not followed, no exchange, refund or credit note will be issued.
NON-CONFORMITY - HIDDEN DEFECTS
Subject to the validation of a non-conformity or a defect by LPE ONLINE - LA PETITE ÉTOILE or the manufacturer as the case may be, the Customer benefits from the following guarantees:
LPE ONLINE - LA PETITE ÉTOILE, which headquarters are located at 15, rue du Louvre – 75001 Paris (75001), France, acts as guarantor in accordance with the provisions of articles L 217-5 et seq. of the French Consumer Code and articles 1641 et seq. of the French Civil Code.
Therefore, the Customer:
- benefits from a two (2) year period starting from Product delivery to take action in case of Product non-conformity,
- is exempted from proving the existence of the lack of conformity of the Product during the six (6) months following the delivery,
- can choose between being refunded or having their Product replaced, subject to cost conditions stipulated by article L217-9 of the Consumer Code;
The legal guarantee of conformity applies independently of the commercial guarantee described below.
In addition, the Customer may also invoke the legal warranty for hidden defects in the item sold, as defined in articles 1641 et seq. of the French Civil Code. The legal warranty for hidden defects allows the Customer, within a period of two years from the discovery of the defect, to be reimbursed for a Product that has proved to be unfit for its intended use.
The hidden defects guarantee protects the Customer against hidden defects in the Product purchased that prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer can then choose between two options: keeping the Product and asking for a discount or returning the Product and asking for a refund of the paid sum, in accordance with article 1644 of the French Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the head office of LPE ONLINE - LA PETITE ÉTOILE, after sending an e-mail indicating the reason for returning the Product.
In case of occurrence of “force majeure” events preventing the execution of these GCS, LPE ONLINE - LA PETITE ÉTOILE shall inform the customer within fifteen (15) days starting from the said event, by email or via by registered letter with acknowledgement of receipt. A “force majeure” event includes in particular strikes, closures or other industrial actions, civil commotion, riot, invasion, war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, inability to use transport by rail, boat, plane, road or other private or public means of transport, inability to use public and private telecommunications networks, legislation, regulations or restrictions of any government, computer breakdown, or any act beyond the control of LPE ONLINE - LA PETITE ETOILE that prevents the normal execution of the usual contractual obligations.
The execution of the GCS will be suspended as long as the “force majeure” event lasts, without indemnity. If the “force majeure” event continues for more than three (3) months, the transaction concerned may be terminated at the request of LPE ONLINE - LA PETITE ÉTOILE or the Customer without compensation on either side. The Customer's failure to pay cannot be justified by a case of “force majeure”.
XIII. CUSTOMER CARE
To get information, to track their order or to invoke their guarantee , the Customer must reach out to the customer care service through the contact form available in the « Contact » section of the Website or via e-mail at this address : firstname.lastname@example.org.
XIV. PARTIAL INVALIDITY
If one or more of the stipulations of these GCS are considered invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
XV. INTELLECTUAL PROPERTY
Website intellectual property rights
The Company holds all intellectual property rights relating to the Website (including but not limited to trademarks, images, logos, illustrations, photos, texts, and Content).
The User is expressly prohibited from copying, modifying, improving, editing, translating, decompiling, creating a derivative work, reversing the design or in any other way attempting to find the source code, selling, assigning, sub-licensing or transferring in any way whatsoever all or part of the Website without the Company's prior written consent.
Any reproduction, representation or use of any kind whatsoever and for any purpose whatsoever of all or part of the content of the Website or its content by the User, including but not limited to trademarks, images, logos, illustrations, photos, texts and Content, without the prior written authorisation of the Company, constitutes an act of counterfeiting that is reprehensible under both civil and criminal law and constitutes a breach of its undertakings under the GCS.
XVI. PERSONAL DATA PROTECTION
The Company, concerned by the security of the processing carried out on the personal data of its Users via the Website and its other offers, undertakes to ensure the compliance of the processing that it carries out in its capacity as data controller hereunder, in accordance with the applicable provisions of Law no. 2018-493 of 20 June 2018 on the protection of personal data, which amended Law no. 78-17 of 6 January 1978 on information technology, files and freedoms, as well as the provisions of Regulation 2016/679 of the European Parliament and of the Council dated 27 April 2016.
To find out about our policy on the management and confidentiality of personal data, Users are invited to consult the following page: Legal notices.
No tolerance, inaction, or inertia on the part of LPE ONLINE - LA PETITE ÉTOILE may be interpreted as a waiver of its rights under the terms of the GCS.
XVIII. APPLICABLE LAW - JURISDICTION
If one or more of the provisions of the GCS should prove to be null and void, unenforceable, contrary to legislation, or inapplicable in any way whatsoever, it is agreed that the said clause shall not alter the other provisions, which shall retain their full effect and remain valid.
Any difficulty relating to the performance, interpretation or validity of the GCS will be subject to French law and to the competent courts under the conditions of common law.