Terms and Conditions
GENERAL TERMS AND CONDITIONS
The www.pourquoiprincesse.com website (hereinafter "the Site") is operated and distributed by the company Pourquoi Princesse SAS.
These "General Terms and Conditions" govern the sale and any other operations relating to the products and/or services marketed and provided on the Site and associating the company The Company on one hand and the Client on the other hand.
- Definitions of the terms
Capitalized terms used in the General Terms and Conditions have the meaning given to them below, or where applicable in the body of the General Terms and Conditions. "The Customer" refers to any physical person who is not acting as a professional and who places an order with the Company on the Site for any product offered on the Site. The "Company" means Pourquoi Princesse SAS, an SAS company with a capital of 15,000 euros whose registered office is located at 45 rue des Rosettes, 94120 Fontenay-sous-Bois and whose SIRET identification number is the 847 720 703 00010.
The purpose of these General Terms and Conditions is to define the applicable legal framework between The Company and the Client.
These General Terms and Conditions and any other legal information indicated on the Site are in French and translated in English for a better convenience.
The original French version of the general terms and conditions shall prevail over any other general or particular terms and conditions contained in any other document, unless otherwise expressly and in writing waived by The Company.
The Company reserves the right to modify, supplement or amend in any way its General Terms and Conditions at any time.
The conditions applicable for a given transaction shall be those in force and accepted on the date on which the order was placed by the Customer.
- Acceptance of the conditions
The fact that any Customer orders any products and/or services offered on the Site and ticks the box "I accept the General Terms and Conditions " before proceeding to the payment of his order, constitutes full, complete and unreserved acceptance of these General Terms and Conditions.
The Customer acknowledges having read and understood the General Terms and Conditions before placing any order on the Site.
The Client acknowledges that he/she has full legal capacity to enter into these general terms and conditions.
- Order process
4.1 The Order can be placed on the website www.pourquoiprincesse.com or www.pourquoiprincesse.fr 24 hours a day, 7 days a week.
The Customer makes his selection by browsing the pages of the Site.
The Customer will have to add his selection to his basket by clicking on "add to basket" after having specified the appropriate options according to the products, such as: color and/or size and/or model and/or quantity.
At any time during navigation on the Site, the Customer can validate his order by clicking on "Validate or Finalize my order".
4.2 To allow the validation of the order, the Customer must identify himself by indicating the information relating to his account: email address and personal password. If the Client does not yet have an account, he must create it by filling in the form provided for this purpose.
4.3 The Customer must then indicate all the information necessary for delivery (address, code, floor, telephone number, etc.), the desired delivery method and finally the payment method chosen.
4.4. A form summarizing all the information indicated above will then be proposed to the Client, who will have to read it carefully and confirm his agreement by ticking the box "I have read the General Conditions and I accept them without reservation".
4.5 To continue the order, the Customer must make the payment in the secure area provided for this purpose.
The automatic registration systems are considered as proof of the type, content and date of the order. The Company will confirm to The Client his order has been accepted though the email address he has provided. The sales contract will only be valid once the order has been confirmed and paid for by the Customer.
The Company reserves the right to cancel any order from a Customer in the event of insolvency, non-payment of the order concerned or a previous order or any other payment incident or anomaly noted by The Company at the time of payment.
In this context, please refer to our returns policy.
The digital records, kept in The Company's computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
4.6 In case a product ordered is out of stock or unavailable, The Company will inform the Customer as soon as possible and specify a period of availability. The Customer will confirm by e-mail his choice either to wait for the availability of the product or to receive a refund.
4.7 Order tracking. By accessing his account the Customer will be able to consult at any time the status of his order.
- Products and offer
5.1 General information
The products and/or services offered for sale on the Site are the products covered by a description page (image and text) indicating a price and providing a "button" allowing the addition to the basket.
Some products are indicated as exclusively available in the "Kits" or "Boxes". However, if the Customer so requests, The Company may in certain cases indicate the price of the product separately to enable the Customer, if he so wishes and if it is possible, to purchase the said product individually from The Company.
5.2 Product characteristics
The information mentioned on each product description page is for information purposes only.
Thus, the photographs, texts, graphics, information and characteristics used to describe the products presented on the Site are given for information purposes only and are largely derived from information provided by manufacturers or suppliers. In particular, it is possible that the shapes, colors or rendering of the materials of the products presented on the Site may cause differences in perception, particularly from one screen to another.
To avoid confusion or differences in perception as much as possible, The Company will do its best to complete the visuals with a written description, of which the Client needs to be informed.
The Company takes the greatest care in preparing the products pages and their descriptions, but cannot be held liable for indirect damage that may occur as a result of a possible error or omission introduced in one of these descriptions.
Some products may be photographed with other products for technical or aesthetic purposes. It may also be the case, particularly for some “kits”, that the proposed visuals do not show all the colors or details actually present in the said kit. The written description describing the composition of the products will determine in detail what is and is not part of the product or Kit, as well as the colors actually proposed for the concerned product or Kit.
5.3 The Boxes
The Company offers “boxes” composed of several products for children. Unless otherwise specified in the description, the products are also available as “stand alone” products.
The content of the "Boxes" offered on the Site is pre-selected by The Company.
It is not possible to modify the content of the Boxes. However, in the event that the Customer wishes to modify the content of a Box, he or she is invited to manually create his Box by adding the products of his choice individually to the basket.
5.4 Product availability
All products on the Site are subject to availability at the time of ordering. The Company reserves the right to modify at any time the quantities and/or nature of the goods that can be purchased online on the Site. The Company will inform the Customer if his order cannot be processed due to the unavailability of one or more products ordered.
For all products indicated as unavailable, the Customer has the possibility to enter his e-mail address to receive information when the product is available again.
- Warranties and liabilities
6.1 In accordance with applicable laws and regulations related to the conformity of the good with the contract and to latent defects, The Company may proceed, in this context, to a refund or replacement of the defective, damaged or damaged product. However, The Company cannot be held liable by the Customer for any harmful consequences that these latent defects may have caused.
6.2 The Company does everything possible to offer the best to its Customers. We are responsible for the proper execution of these General Terms and Conditions. Nevertheless, we cannot be held liable for any fortuitous event, force majeure, unforeseeable and insurmountable event of a third party to the contract or non-compliance of the product with foreign legislation in the event of delivery in a country other than France.
6.3 The Company may not be held liable for any direct or indirect inconvenience or damage relating to the use of the Internet network, such as in particular a break in the service, the presence of computer viruses or external intrusions and, more generally, any cases qualified as force majeure or made by third parties by the courts.
6.4 Hypertext links may lead to websites other than the Site. The Company remains vigilant regarding the content of these websites but declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
6.5 The Company shall not be held liable for technical malfunctions related to the Customer's Internet connection.
6.6 The information provided by the Customer, when placing the order, is binding on the Customer: in the event of an error, particularly in the wording of the recipient's contact details, the Company cannot be held liable for the impossibility of delivering the product.
The price is expressed in euros. However, it might be possible to choose another currency as proposed on the site.
The price indicated on the product description page does not include shipping and any gift wrapping costs.
The price indicated in the order confirmation is the final price, expressed all taxes included for France. It includes the price of the products, handling and packaging costs, transport costs. The VAT applicable is the one in force on the day of the order, any change in rate may be reflected in the price of the products.
The Company reserves the right to change its prices at any time. In the case of a modification, the price invoiced to the Customer is the one indicated in the order form and accepted by the Customer at the time of its validation.
The products remain the exclusive property of the Company until full payment of the order.
- Payment. Safety and security
The Customer can pay by credit card (CB, visa, Mastercard...) via the payment system offered by the Company's service provider, Shopify.
The Client guarantees the Company that he has the necessary authorizations to use the payment method he chose when validating his order.
The Company uses all necessary means to ensure the security and confidentiality of data and information transmitted online when paying for orders.
Transactions are carried out via the Shopify platform that hosts the Site.
The transaction is based on encryption of the data exchanged between the Customer and Shopify's secure platform.
- VAT - Tax - Customs duties.
For deliveries within the European Union, prices take into account the VAT applicable on the day of the order. For deliveries outside the European Union, prices also take into account the VAT applicable on the day of the order, the customer will in some cases have to pay customs duties, or any other taxes due on the occasion of the importation of the products into the country of the place of delivery. The formalities relating to them are also the exclusive responsibility of the Client unless otherwise specified. The Customer is solely responsible for verifying the import possibilities of the products ordered with regard to the rights of the territory of the country of delivery.
- Transport and Delivery
After having placed an order, the Customer will receive, at the email address he has indicated in the form, an email specifying the elements of his order and his registration as well as the parcel number allowing him to track him according to the chosen delivery service.
The Company processes the Customer's Order within an average of two business days, unless otherwise indicated on the Site.
The delivery time for packages for delivery in France communicated by the Company is strictly indicative and corresponds to the time specified by the postal services. In the event of an unusual delay in delivery, an information email will be sent to the Customer.
An e-mail is automatically sent to the Customer when the Products are shipped, subject to the e-mail address provided by the Customer.
The Products will be delivered to the address indicated by the Customer on his order form (form completed and validated at the time of ordering). No delivery will be made to PO boxes and in this case orders will not be processed.
For each order placed on the Site, the Company will attach an invoice to the goods shipped. No modification of the invoice will be possible after it has been issued.
The Customer may also have access to the original invoice on his personal account directly on the Site
Shipping costs are the responsibility of the Customer.
In the case of special promotions, the Company may be required to bear all or part of the delivery costs.
Delivery costs are calculated according to the weight and, if applicable, the volume of the order. The prices are detailed in the "Delivery" section of the website www.pourquoiprincesse.com.
The Company shall not be held liable for delivery delays due to errors or disruptions attributable to carriers (including in particular in the event of a total or partial strike, in particular of postal services and means of transport and/or communications).
Upon delivery, the Customer must check the content, conformity and condition of the product(s). In the event of delays, damage, total or partial losses, or any other problem, it is the Client's responsibility to exercise any recourse with the carrier without the Company's liability being called into question.
Therefore, upon delivery, the Company recommends that the Customer proceed to check the condition of the products delivered before signing the acknowledgement of receipt of the package.
If the Customer notices anomalies, he must refuse the delivery of the products or issue precise and dated handwritten reservations. These reservations must be confirmed with the carrier by registered letter with acknowledgement of receipt within three (3) working days following the delivery of the products. A copy will be sent to the Company.
The products are packaged in compliance with the applicable transport standards, and in order to ensure optimal protection of the products during their transport. The Customer is requested to comply with these same standards for any return for any reason whatsoever. In the event of a product return, if it is found that the product has been damaged due to insufficient packaging quality, the Company may decide to refund only part of the product or to refuse to refund it if it is impossible to resell it in its original condition. For more information, do not hesitate to consult our "return policy" section.
- Force Majeure
Following cases are expressly considered as cases of force majeure, in addition to those usually retained by law:
Total or partial strikes, internal or external to the company, blockage of means of transport or supply for any reason whatsoever, government or legal restrictions, computer breakdowns, blockage of telecommunications including networks and in particular the Internet.
The occurrence of a case of force majeure will, in the first instance, automatically suspend the execution of the order.
If beyond a period of three (3) months, the parties notice the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
- Withdrawal of the Products in case of absence of the recipient.
In the event of the recipient's absence during delivery, the carrier will leave a notice of passage at the delivery address indicated by the Customer. Products must be collected at the address and in the manner indicated. In the event of failure to collect within the time limits set by the National Post Service or any other Carrier, the products will be returned to the Company, which reserves the right to refund the price of the products to the Customer, the shipping costs being borne by the Customer.
Complaints for non-conformity of the product(s) delivered with the order must be made in writing directly to the Company immediately upon receipt. The Customer must keep the packaging and the delivery note.
In the event of an error on the product, the Customer undertakes to return the said product or the products concerned within 7 days of their receipt to the Company on condition that they are returned without opening their packaging, in their original condition and packaging with the accompanying documents. Upon receipt of the product in due form, the Company will return, at its own expense, the product initially ordered.
- Returns and right of withdrawal
The Company wishes to guarantee total satisfaction for the Customer. For all the information, do not hesitate to consult our "return policy" section.
In accordance with the legal provisions in force, the Client has a right of withdrawal. The Customer has a period of 15 days from the receipt of his order to exercise his right of withdrawal without having to justify any reasons or pay any penalty. After communication of the decision to exercise the right of withdrawal within this period, the Customer has another period of 15 days to return the product or products concerned by the withdrawal.
In the case of an order containing several products and delivered on different dates, the withdrawal period runs from the date of receipt of the last product.
To exercise its right of withdrawal, in accordance with the legal provisions, the Client may use the standard withdrawal form available in the "return policy" section and send it to the Company at the following address: POURQUOI PRINCESSE – Customer Service – 8 rue Espérandieu – 13004 Marseille . The Customer may exercise his right of withdrawal by any means to the Company and in particular by post or e-mail expressing his willingness to withdraw without any ambiguity, and mentioning the order concerned by this withdrawal.
In the event of exercise of the right of withdrawal, only the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition at the following address : 8 Rue Espérandieu – 13004 Marseille, France.
In the event of exercise of the right of withdrawal, the Company will refund the sums paid (including delivery costs) at the latest within 14 days from the date on which the Company receives the returned products.
No upon-reimbursement delivery will be accepted for any reason whatsoever.
If the Customer wishes to modify or cancel his order, he must send an e-mail as soon as possible to the address: firstname.lastname@example.org
The Company will do its possible to satisfy the Client's request.
However, once the Product(s) have been shipped, the order may not be cancelled or modified until the shipped merchandise has been returned to the Company. In this case, the provisions of Article 14 of the General Terms and Conditions will be applied as part of our "return policy”.
- Personal data
The personal data of any user of the Site (surname, first name, company name, position, digital and geographical addresses, telephone and fax numbers) are collected by the Company for the purpose of proper management of orders, deliveries and invoices, and in compliance with the provisions of the Data Protection Act No 78-17 of 6 January 1978 and the applicable European Union provisions in this area. The Client may not agree to such communication and has the right to access, modify, rectify and delete data concerning him/her by sending an e-mail to email@example.com or by sending a letter to the Company's registered office.
- Errors - Inaccuracies
The Company constantly updates the information published on the Site. However, it is impossible to guarantee that there will be no errors on the Site. The Site may contain input errors, errors, inaccuracies or omissions, some of which may relate to the price and availability of the Product and the description of the Product itself.
The Company reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also reserves the right to change or update the information at any time without notice.
- Intellectual Property
The Company manages the Site, which remains its exclusive property. The Company has directly or indirectly, through the use of external service providers, created and put online the web pages, images and script sources, and the basic data constituting the Site. The Site is also protected under national and European laws and regulations applicable to databases, in particular the “sui generis” right. In this respect, the Company prohibits any reuse or extraction of legally prohibited data. The Client therefore refrains from disseminating or reproducing the Site, in whole or in part, in any form whatsoever. The Company is the owner of the brand POURQUOI PRINCESSE registered within the French Institute of Intellectual and Industrial Property (hereinafter "the Brand") as well as all the elements created using the Brand, such as in particular: the logo, the graphic charter, any visual identity or communication element. The Client acknowledges the exclusive rights existing on the Brand and any other creation that may be attached to it, and refrains from making any use of it and, more generally, from infringing the intellectual and industrial property rights of the Company. The Company reserves the right to claim damages in the event of counterfeiting and, more generally, infringement of its intellectual and industrial property rights. In addition, the Customer is informed that the Products offered for sale on the Site are for some protected by trademarks, designs and models and other similar or complementary intellectual and/or industrial property rights.
- Entire Agreement
These General Terms and Conditions express all the obligations of the parties. No other general or particular condition communicated by the Client may be incorporated into or derogate from these general conditions. The general terms and conditions displayed at the time of placing the order are those that apply to the contract. The Company reserves the right to modify these general terms and conditions.
- No waiver
The fact that the Company does not rely on a breach by the Client of any of its obligations shall not be construed as a waiver of the obligation concerned and to rely on such breach at a later date.
If one or more provisions of these general terms and conditions are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
- Governing laws
These general conditions are subject to law of the Republic of France.
In the event of a dispute on the substance or form, the French courts shall have exclusive jurisdiction unless otherwise required by mandatory procedural rules.23. Contact information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.