General conditions of sale

I. DEFINITIONS

Client: refers to any natural person, with full legal capacity, non-trader who has created an Account on the Site.

Order: refers to the act by which the Client commits to purchase one or more products through the Site's e-commerce module.

LPE ONLINE - LA PETITE ÉTOILE: a simplified joint-stock company with a capital of 260,976 euros, whose registered office is located at 15, rue du Louvre – 75001 Paris (75001), France, registered with the Paris Trade and Companies Register under SIREN number 891836991 and intra-community VAT number FR46891836991.

Product: refers to fashion items offered for sale on the Site.

Site: refers to the e-commerce website owned, managed, and published by LPE ONLINE - LA PETITE ÉTOILE, accessible at the following address: www.lapetiteetoile.com.

II. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale (the “GTC”) detailed below apply to all orders of products and services placed via the Site (the “Products”) with LPE ONLINE - LA PETITE ÉTOILE by any person (the “Client”).

The Client must read the GTC prior to any order (the “Order”), the GTC being available on the Site.

LPE ONLINE - LA PETITE ÉTOILE reserves the right to adapt or modify these GTC at any time. The version of the GTC applicable to any sale is that which is posted online on the Site at the time of the Order. Consequently, by placing an Order by following the ordering procedure offered on the Site, the Client accepts the GTC and associated fees.

 

These GTC prevail over any other document.

III. INFORMATION ABOUT THE SITE AND SITE ACCESSIBILITY

LA PETITE ÉTOILE is an online commerce site owned and managed by LPE ONLINE - LA PETITE ÉTOILE.

The Site is accessible to all internet users principle 24/7, except for interruptions, scheduled or not, by LPE ONLINE - LA PETITE ÉTOILE or its service providers, for maintenance and/or security needs or in cases of force majeure (as defined in Article XII).

LPE ONLINE – LA PETITE ÉTOILE cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.

LPE ONLINE - LA PETITE ÉTOILE does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without downtime or interruption. It may, in this regard, freely and at its sole discretion determine any period of unavailability of the Site or its content.

LPE ONLINE - LA PETITE ÉTOILE cannot be held responsible for data transmission issues, connection problems, or network unavailability.

LPE ONLINE - LA PETITE ÉTOILE reserves the right to evolve the Site for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of service provision, the Client may be informed of the changes made, but their acceptance is not solicited.

IV. REGISTRATION ON THE SITE

To place an Order, the Client must first register on the Site by creating an account that includes the information necessary for their identification (the “Account”).

By creating an Account, the Client declares and guarantees to LPE ONLINE - LA PETITE ÉTOILE that they are of legal age and have the legal capacity to contract.

The Client’s registration on the Site is validated by LPE ONLINE - LA PETITE ÉTOILE after verification of the standard form completed by the Client. The Client receives an email from registration confirmation.

During the creation of their Account, the Client ensures the accuracy and completeness of the data they provide, and commits not to impersonate a third party nor to conceal or modify their age. The Client is required to always update their personal information. In case of an error in the recipient's contact details, ONLINE Group - LA PETITE ÉTOILE cannot be held responsible for the inability to deliver Products.

The creation of the Account requires the Client to choose a confidential identification email address and password.

The client is responsible for the confidentiality of their password and commits not to disclose it under any pretext and for any reason whatsoever.

In case of suspicion of unauthorized use of their Account by a third party, the Client must immediately alert LPE ONLINE in order to change their password and/or request the closure of their Account.

LPE ONLINE - LA PETITE ÉTOILE may delete the Client's Account at any time for legitimate reasons, notably in the case of a failure to pay one or more previous Orders, or in the case of a fraud detection during the Order or a previous Order. In this case, LPE ONLINE - LA PETITE ÉTOILE sends an email to the concerned Client at the address provided by them during the creation of their Account, informing them of the deactivation of their username and password and the closure of their Account. The Client then has 8 (eight) calendar days to make their observations to LPE ONLINE – LA PETITE ÉTOILE, without prejudice to the suspension of their Client Account during the notice period.

V. PRODUCTS

The products offered for sale are those described on the Site on the day the Client views the Site, within the limits of available stock. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of LPE ONLINE - LA PETITE ÉTOILE. As such, LPE ONLINE - LA PETITE ÉTOILE cannot be held responsible for the cancellation of an Order for a Product due to stock depletion.

LPE ONLINE - LA PETITE ÉTOILE takes the greatest care in presenting and describing these products to best satisfy the Client's information. However, it is possible that errors may appear on the Site, which the Client acknowledges and accepts.

The photographs potentially accompanying the presentation of the products are as accurate as possible but cannot ensure a perfect similarity with the proposed product and, in some cases, present presentation suggestions wherein not all elements of the photographs are systematically offered for sale.

It is specified that the products offered comply with the regulations in force regarding product composition, in that they are compliant with consumer health and safety.

The Client may receive, following an Order, an item previously returned by another person. It is specified that LPE ONLINE – LA PETITE ÉTOILE only accepts the return of intact and unworn Products, these two conditions being checked before the returned Products are restocked.

VI. ORDERS

Placing an order on the Site is subject to adhering to the procedure established by LPE ONLINE – LA PETITE ÉTOILE on the site, comprising successive steps leading to the validation of the Order. This implies an obligation to pay.

The Client wishing to place an order on the Site must:

• Create their account by providing the information requested on the Site ("… knowledge: name, first name, postal address, email address, phone number) or, in the event that an Account has already been previously created, to log in to the Site via their email identifier and confidential password;
• Consult the item sheets and add the desired item(s) to their Cart;
• Validate the Cart;
• Correct any possible input errors;
• Validate the order;
• Choose and validate their payment method.

The Customer can select as many Products as they wish, which will be added to the cart (the "Cart"). The Cart summarizes the Products chosen by the Customer as well as the prices and related fees. The Customer can freely modify the Cart before validating their Order. Validating the Order constitutes confirmation of the customer's acceptance of the GTC, the Products purchased, their prices, as well as the associated fees.

A confirmation email summarizing the Order (Product(s), price, availability of product(s), quantity…) will be sent to the Customer by LPE ONLINE - LA PETITE ÉTOILE. To this end, the Customer formally accepts the use of electronic mail for the confirmation by LPE ONLINE - LA PETITE ÉTOILE of the content of their Order. The Order is therefore subject to prior acceptance by LPE ONLINE - LA PETITE ÉTOILE and is only definitively confirmed after the Customer receives an email confirming the shipment of the Order.

Invoices are available in the My account section or by sending an email specifying the number of the relevant order to bonjour@lapetiteetoile.com.

If the Customer does not receive any email following their order and payment, it is their responsibility to contact LPE ONLINE - LA PETITE ÉTOILE customer service (contact methods described in Article XIII of these GTC).

VII. UNAVAILABILITY OF PRODUCTS

In the event that the ordered product is unavailable in stock, LPE ONLINE - LA PETITE ÉTOILE will inform the Customer by email as soon as possible and the price will be refunded to the Customer within thirty days of payment of the amounts they have paid.

The Customer will then have the possibility to obtain a refund (within 30 days of payment of the amounts they have paid). In this case, return shipping costs will be borne by LPE ONLINE - LA PETITE ÉTOILE.

VIII. REFUSAL TO PROCESS AN ORDER

LPE ONLINE - LA PETITE ÉTOILE reserves the right to remove at any time any Product displayed on the Site and to replace or modify any content or information appearing on it. Despite the best efforts of LPE ONLINE - LA PETITE ÉTOILE to meet its customers' expectations, it may have to refuse to process an order after having sent the Customer the confirmation email summarizing the Order.

LPE ONLINE - LA PETITE ÉTOILE cannot be held responsible to the Customer or a third party for the decision to remove a Product from the Site, or for the decision to replace or modify any content or information appearing on this Site, or for the refusal to process an Order after sending the confirmation email summarizing the Order.

IX. PRICES AND PAYMENT TERMS

Customs fees and other taxes are not included in the price paid by the Customer. These fees must be paid by the Customer directly to the carrier.

The prices of the products are indicated on the Site in euros for Europe, VAT included, but excluding customs fees and other taxes.

All displayed prices are calculated including the value-added tax (VAT) applicable in France, which can be different according to billing countries.

LPE ONLINE - LA PETITE ÉTOILE reserves the right to modify its prices at any time, but products will be billed based on the rates in effect at the time of order registration and payment, subject to availability.

Products must be paid in full upon the Effective Order.

Payment for Products is made either via PayPal or by credit card (CB, Visa, MasterCard, American Express) through the secure platform of our partner PayPlug.

PayPlug SAS is a company registered with the Paris Trade Register under number RCS 751 658 881, with its headquarters located at 23-25 rue Jean-Jacques Rousseau, 75001 Paris, France.

For any information, the Customer can consult the following website: https://www.payplug.com/fr/. The Customer expressly acknowledges that providing their credit card number to LPE ONLINE - LA PETITE ÉTOILE constitutes authorization to debit their Account up to the price of the ordered Products. If applicable, a cancellation notice for the Order due to non-payment will be sent to the Customer by LPE ONLINE - LA PETITE ÉTOILE at the email address provided by the Customer during their registration on the Site.

The data recorded and stored by LPE ONLINE - LA PETITE ÉTOILE constitutes proof of the Order and all past sales. The data recorded by PayPlug constitutes proof of any financial transaction that has occurred between the Customer and LPE ONLINE - LA PETITE ÉTOILE.

X. DELIVERY

See the section « Delivery and Returns »

XI. REFUNDS AND RETURNS

See the section « Delivery and Returns »

XII. WARRANTIES - LIMITATION OF LIABILITY

The liability of LPE ONLINE - LA PETITE ÉTOILE regarding any Product purchased on the Site is strictly limited to the purchase price of the latter. LPE ONLINE - LA PETITE ÉTOILE will under no circumstances be liable for the following losses, regardless of their origin:

• loss of income or sales
• operational loss
• loss of profits or contracts
• loss of expected savings
• data loss
• loss of working or management time
• reputational damage
• loss of chance, including ordering a Product,
• moral prejudice.

The documents, descriptions, and information related to the Products on the Site are not covered by any warranty, express or implied, except for the warranties provided by law.

LPE ONLINE - LA PETITE ÉTOILE provides no warranty regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb, or any other form of programming routine designed to damage, destroy, or otherwise degrade the functionality of a computer or hinder its proper operation, including any transmission resulting from a download of any content carried out by the Customer, the software used by them to download the content, the Site, or the server that allows access to it. In this regard, the Customer acknowledges that it is their responsibility to install appropriate antivirus and security software on their computer hardware and any other devices to protect them against any bugs, viruses, or other programming routines of this nature that prove to be harmful.

The Customer acknowledges and assumes all risks associated with any content downloaded or obtained in any other way through Of using the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from downloading this content.

LPE ONLINE - LA PETITE ÉTOILE is only required to deliver Products in compliance with contractual provisions. Products are considered to meet the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and durability criteria that are generally accepted for products of the same kind and which can reasonably be expected.

Furthermore, LPE ONLINE - LA PETITE ÉTOILE guarantees consumers against non-conformity defects and hidden defects for Products sold on the Site under the following conditions:

APPEARENCE DEFECT

The presence of an apparent defect on a Product must result in a complaint by email (bonjour@lapetiteetoile.com) within three business days following Delivery. Any complaint must specify the defect concerned. Otherwise, no complaint is admissible, and no return or exchange is 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 headquarters of LPE ONLINE - LA PETITE ÉTOILE, after sending an email reporting the apparent defect of the above-mentioned Product. Cases of apparent defects confirmed by LPE ONLINE - LA PETITE ÉTOILE result, depending on the content of the Customer's complaint, in either the issuance of a credit to the Customer, the replacement of the Product, or the simple refund of the Price to the Customer within 14 days. In case of non-compliance with the return procedure, no exchange, refund, or credit is possible.

NON-CONFORMITY – HIDDEN DEFECTS

Subject to the validation of a non-conformity or a hidden defect by LPE ONLINE - LA PETITE ÉTOILE or the manufacturer as appropriate, the Customer benefits from the following warranties:

LPE ONLINE - LA PETITE ÉTOILE, whose headquarters are located at 15, rue du Louvre 75001 Paris, France, acts as the guarantor within the meaning of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.

Thus the Customer:

• benefits from a period of two (2) years from the delivery of the Product to act on the non-conformity of the Product,
• is exempt from having to provide proof of the existence of the product's non-conformity during the six (6) months following the delivery of the Product,
• can choose between the repair or replacement of the Product, subject to the cost conditions provided for by article L217-9 of the Consumer Code;

The legal warranty of conformity applies independently of the commercial warranty described below.

Furthermore, the Customer can also implement the legal warranty for hidden defects of the sold item, within the meaning of articles 1641 et seq. of the Civil Code. The legal warranty for hidden defects allows the Customer, within a period of two years from the discovery of the defect, to receive a refund of a Product that has proven unsuitable for its intended use.

The warranty for hidden defects allows the Customer to be protected against hidden defects of the purchased Product that prevent its use or affect it to such an extent that the Customer would not have bought it.

The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request a refund of the price paid, in accordance with Article 1644 of the Civil Code.

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 claim to the headquarters of LPE ONLINE - LA PETITE ÉTOILE, after sending an email indicating the reason for returning the Product.

FORCE MAJEURE

In the event of a force majeure event preventing the execution of these General Terms and Conditions, LPE ONLINE - LA PETITE ÉTOILE will inform the Customer within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly considered as force majeure or fortuitous events, in addition to those typically recognized by the jurisprudence of French courts and tribunals, are total or partial strikes, lock-outs, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, severe weather, epidemics, blocking of means of transport or supply for any reason, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to marketing methods, computer breakdowns, telecommunications blockages, including wired or wireless telecommunications networks, and any other case beyond the parties' control preventing the normal execution of the contractual relationship.

All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event extends for more than three (3) months, the concerned transaction may be terminated at the request of LPE ONLINE - LA PETITE ÉTOILE or the Customer without compensation for either party. The Customer's failure to pay cannot be justified by a case of force majeure.

XIII. CUSTOMER SERVICE

For any information or questions, to track an order, or to invoke the warranty, the Customer must contact customer service by filling out the contact form located on the "Contact" page of the Site or by email at the following address: bonjour@lapetiteetoile.com.

XIV. PARTIAL INVALIDITY

If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent jurisdiction, the other provisions shall remain in full force and effect.

XV. INTELLECTUAL PROPERTY RIGHTS OVER CONTENT

Intellectual property rights on the Site

The Company holds all intellectual property rights related to the Site (including trademarks, images, logos, illustrations, photos, texts, Content without limitation to this list).

The User is expressly prohibited, without the prior written consent of the Company, from copying, modifying, improving, editing, translating, decompiling, creating derivative works, reverse engineering or otherwise attempting to find the source code, selling, assigning, sublicensing, or transferring in any way all or part of the Site.

Any reproduction, representation, exploitation of any kind and for any purpose, of all or part of the Site's content or its contents by the User, including trademarks, images, logos, illustrations, photos, texts, Content, without limitation to this list, without the prior written authorization of the Company, constitutes infringing acts punishable under [...] the civil aspect that, in addition to constituting a violation of its commitments under the CGV.

XVI. PROTECTION OF PERSONAL DATA

The Company, concerned with the security of the processing carried out on personal data of its Users via the Site and its other offers, undertakes to ensure compliance with the processing it carries out in its capacity as data controller under these terms, in accordance with the applicable provisions of Law No. 2018-493 of June 20, 2018, relating to the protection of personal data, which amended Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms, as well as the provisions of Regulation 2016/679 of the European Parliament and of the Council dated April 27, 2016.

To know the data management and confidentiality policy for its personal data, the User is invited to consult the following page: Legal Notices.

XVII. NON-WAIVER

No tolerance, inaction, or inertia of LPE ONLINE - LA PETITE ÉTOILE can be interpreted as a waiver of its rights under the terms of the CGV.

XVIII. APPLICABLE LAW – COMPETENT JURISDICTION

If one or more provisions of the CGV are found to be null, unenforceable, contrary to legislation, or inapplicable in any way, it is agreed that such a clause shall not alter the other provisions which retain their full effect and remain valid.

Any difficulty related to the execution, interpretation, or validity of the CGV shall be submitted to French law and to the competent courts under common law conditions.