PREAMBLE
The purpose of these conditions is to define the contractual relationships, rights and obligations, which unite the company: MY LITTLE DAY SAS, hereinafter referred to as “MYLITTLEDAY.FR”, registered with the PARIS RCS under number 520763186 and whose head office is 6 rue d'Alexandrie, 75002 PARIS, France and on the other hand, "THE CUSTOMER", any person visiting and/or purchasing an item offered for sale on the merchant site www.mylittleday.fr .
The transfer of ownership by THE CUSTOMER to a third party of a good originally purchased from MYLITTLEDAY.FR is not governed by these general conditions of sale.
ARTICLE 1 – ENTIRETY
These general conditions express the entirety of the obligations of the parties. In this sense, THE CUSTOMER is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions and will prevail over all other general or specific conditions not expressly approved by MYLITTLEDAY.FR.
They will prevail, where applicable, over any other version or any other contradictory document.
MYLITTLEDAY.FR reserves the right to modify its conditions of sale at any time, and without notice.
In this case, the applicable conditions will be those in force on the date of the order by THE CUSTOMER.
ARTICLE 2 – CONTENT
The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of the online sale of goods offered by MYLITTLEDAY.FR and THE CUSTOMER from the website. www.mylittleday.fr .
The clientele is not geographically limited.
MYLITTLEDAY.FR undertakes to deliver to any CUSTOMER residing in mainland France, according to the terms described in these conditions, as well as in the rest of the world at the pricing conditions indicated when choosing the type of delivery.
ARTICLE 3 – LANGUAGE OF THE CONTRACT
The general conditions of sale are written in French.
In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
ARTICLE 4 - ACCEPTANCE OF CONDITIONS
These conditions can be consulted at any time by THE CUSTOMER, on the site www.mylittleday.fr , by clicking on the “CGV” section.
Consequently, THE CUSTOMER acknowledges having read, at the time of placing his order and at the conclusion of the contract, in a readable and understandable manner, these general conditions of sale, as well as the information listed in article L . 221-5 of the commercial code, and expressly declares to accept them without reservation.
The latter are enforceable against it under article 1119 of the civil code and will prevail over all other conditions appearing in any other document.
ARTICLE 5 – LEGAL CAPACITY
The CUSTOMER declares that he has full legal capacity allowing him to commit to these general conditions.
THE CUSTOMER also declares to be at least eighteen years old and to have legal capacity, or to hold legal authorization, allowing access and purchase online.
ARTICLE 6 - PRODUCTS
6.1. General
The products governed hereby are those which appear on the MYLITTLEDAY.FR website and which are indicated as sold and shipped by the latter.
The products offered comply with current French legislation and the standards applicable in France.
6.2. Product Description
The photographs, texts, graphics, information and characteristics contained on the site www.mylittleday.fr aim to illustrate the products as precisely as possible in accordance with legal requirements.
The information mentioned on each product sheet is that communicated to MYLITTLEDAY.FR by the suppliers or manufacturers of said products.
MYLITTLEDAY.FR takes the greatest care in putting information online including a complete description of the items.
However, if there were errors or omissions in this presentation, MYLITTLEDAY.FR cannot be held responsible, the latter undertaking to rectify them as soon as possible after becoming aware of them.
MYLITTLEDAY.FR undertakes to ensure that the product presentation photographs conform as closely as possible to reality.
However, if there were minor differences between the photograph of the product and the product delivered, in particular due to the quality of the photograph or the configuration of the display parameters of the computer used by the CUSTOMER, the responsibility of MYLITTLEDAY .FR cannot be committed as long as the product complies with the contract.
In any case, the CUSTOMER benefits from a right of withdrawal in accordance with article 14 hereof.
6.3. Availability
Product offers are valid as long as they are visible on the site while stocks last.
MYLITTLEDAY.FR will do its best to process all orders.
However, in the event of unavailability of the product after placing the order, THE CUSTOMER will be informed by email and/or telephone.
The amount paid by THE CUSTOMER for the missing product(s) will be credited within 14 (fourteen) days maximum to their bank account.
MYLITTLEDAY.FR reserves the right to modify the assortment of products according to the constraints imposed by its suppliers.
Information on the availability of products being transmitted by suppliers, the unavailability of products cannot incur the liability of MYLITTLEDAY.FR, nor entitle the customer to damages.
Furthermore, MYLITTLEDAY.FR cannot be held responsible for non-performance of the contract concluded in the event of force majeure or fortuitous events.
Force majeure is defined as all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter despite all possible reasonable efforts.
Are considered to be cases of force majeure or fortuitous events, in addition to those recognized by case law, a disruption or a total or partial strike, in particular of postal services, and means of transport and/or communications, floods, fires, earthquakes , storms.
6.4. Legal guarantees against hidden defects and conformity
In accordance with articles 1641 et seq. of the civil code, MYLITTLEDAY.FR guarantees THE CUSTOMER, for hidden defects that may affect the products delivered, as part of a replacement of defective products, or parts making them unfit for their use.
MYLITTLEDAY.FR cannot nevertheless be considered by THE CUSTOMER as responsible for any harmful consequences that these hidden defects could have caused.
Furthermore, and in application of the provisions of articles L. 217-1 et seq. of the Consumer Code, MYLITTLEDAY.FR guarantees the conformity of the products with the contract.
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THE CUSTOMER, who acts as a legal guarantee of conformity: ‐ benefits from a period of two years from the delivery of the goods to take action; ‐ can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; - is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods. For second-hand goods, this period is set at six months. The legal guarantee of conformity applies independently of any commercial guarantee granted. In the event that THE CUSTOMER decides to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the civil code, he can choose between canceling the sale or reducing the sale price in accordance with in article 1644 of the civil code. |
In order to constantly improve its services, MYLITTLEDAY.FR invites THE CUSTOMER to inform it of any errors that they may have noticed through the contact section.
The products are intended for the conditions of use or use intended by the manufacturers of said products.
MYLITTLEDAY.FR declines all responsibility in the event of non-compliant or non-recommended use of the products.
ARTICLE 7 - PRICE
The price is expressed in euros (€).
The price indicated on the product sheets does not include delivery costs, invoiced additionally and indicated before validation of the order.
MYLITTLEDAY.FR reserves the right to modify its prices at any time.
In the case of a modification, the price invoiced to the CUSTOMER is that entered in the order form and accepted by THE CUSTOMER at the time of its validation.
The price indicated in the order confirmation is the final price, expressed all taxes included (TTC) for France. It includes: the price of the products, handling costs, product packaging, transport costs.
For deliveries within the European Union, the applicable VAT is that in force on the day of the order, it being specified that any change in rate will be automatically reflected in the price of the products presented on the online store.
For deliveries outside the European Union, THE CUSTOMER must pay customs duties, VAT or other taxes due when importing the products into the country of delivery.
The related formalities are also the exclusive responsibility of the CUSTOMER unless otherwise indicated. THE CUSTOMER is solely responsible for checking the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery.
ARTICLE 8 – ORDER
The “basket” allows the CUSTOMER to virtually select the products they like from the online catalog of the website www.mylittleday.fr .
THE CUSTOMER can consult their basket, the corresponding price, complete it or modify it at any time during their visit to the MYLITTLEDAY.FR website.
The contents of the basket will be definitively attributed to the CUSTOMER after the latter has validated it, expressly accepted these conditions by means of a check box, entered their delivery address and validated their payment method using the online form , subject to product availability.
Automatic recording systems are considered as proof of the nature, content and date of the order.
MYLITTLEDAY.FR confirms acceptance of the order to the CUSTOMER, to the email address that the CUSTOMER will have communicated.
This is an order with payment obligation so that:
- placing the order implies payment by the CUSTOMER;
- the sale will only be concluded and considered final upon confirmation of the order and receipt of payment by MYLITTLEDAY.FR;
- full payment must be made for MYLITTLEDAY.FR to ship the order. Availability and shipping times are therefore to be calculated from the date of receipt of the means of payment.
MYLITTLEDAY.FR reserves the right not to confirm an order for any reason whatsoever, including either a problem with the supply of products, or a problem concerning the order received (incorrect or incomplete address, or any other anomaly). on the CUSTOMER's account)
MYLITTLEDAY.FR also reserves the right to refuse or cancel any order from a CUSTOMER who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
The computerized records, kept in the computer systems of MYLITTLEDAY.FR, under reasonable security conditions, will be considered as proof of communications, orders and payments made 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.
ARTICLE 9 – ELECTRONIC SIGNATURE
In accordance with the law of March 13, 2000 on electronic signatures, any order form signed by the customer by “double click” constitutes an irrevocable acceptance which can only be called into question in the cases restrictively provided for in these general conditions of sale such as “right of withdrawal” and “out of stock”.
ARTICLE 10 – PAYMENT TERMS
THE CUSTOMER can pay by bank card (Carte Bleue, Visa, or Mastercard) via the secure site (online payment system) and by PAYPAL.
THE CUSTOMER guarantees that he is fully authorized to use the bank card he uses, that it is a personal card, that it is not a fraudulently used card and that this bank card provides access to sufficient funds to cover all costs resulting from the sale of products on the MYLITTLEDAY.FR online store.
The order validated by THE CUSTOMER will only be considered effective when the bank payment centers concerned have given their agreement. In the event of refusal by said centers, the order will be automatically canceled.
ARTICLE 11 - SECURITY – CONFIDENTIALITY
The bank card number is directed to the bank's servers, with payment being made directly to a bank without going through the server of the MYLITTLEDAY.FR website.
This formality guarantees the CUSTOMER that their bank details are:
- known to the only banking partner of MYLITTLEDAY.FR
- inaccessible to third parties.
ARTICLE 12 – RESERVATION OF OWNERSHIP
The products remain the exclusive property of MYLITTLEDAY.FR until full payment.
The transfer of risks occurs upon delivery, at the moment when THE CUSTOMER, or a third party designated by him, takes physical possession of the products at the delivery address he has indicated, or from the carrier.
ARTICLE 13 - DELIVERY
Delivery means the transfer to the CUSTOMER of physical possession of the goods or control of the goods.
13.1. Time limit
Except in cases of force majeure or periods of closure of the online store which will be clearly announced on the home page of the website www.mylittleday.fr , shipping times are, while stocks last, those indicated below.
MYLITTLEDAY.FR processes the shipment of the CUSTOMER's order within 1 (one) working day from its registration date.
The delivery time is indicated to the CUSTOMER prior to validation of the order depending on the delivery method chosen and before payment.
THE CUSTOMER can follow the delivery status of their order via the references which will have been communicated to him by MYLITTLEDAY.FR when confirming his order depending on the carrier chosen.
13.2. Delays
In the event of an unusual shipping delay, an information email will be sent to the CUSTOMER.
THE CUSTOMER has the right to cancel his order and terminate the contract in accordance with the provisions of articles L. 216-2 et seq. of the Consumer Code if delivery has not taken place on the date or upon expiry of the period indicated to him when validating his order or, failing that, at the latest 30 days after the conclusion of the contract, unless this delivery delay is due to a case of force majeure or circumstances fortuitous.
To do this, the CUSTOMER must send a registered letter with acknowledgment of receipt, or any other writing on another durable medium to MYLITTLEDAY.FR if, after having ordered it, according to the same terms, to make delivery within a deadline additional reasonable amount, the latter was not executed within this time limit.
The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has complied in the meantime.
When the contract is terminated under the conditions provided for in article L. 216-2, MYLITTLEDAY.FR reimburses the CUSTOMER for all sums paid, at the latest within 14 (fourteen days) following the date on which the contract was concluded. been denounced.
MYLITTLEDAY.FR cannot be held responsible for any delay in delivery on the part of the carrier (including in the event of a strike by carriers or postal services). The choice of carrier belongs to THE CUSTOMER who places their order with knowledge of delivery times.
The information provided by THE CUSTOMER on the order form binds the latter, he must therefore be vigilant about their accuracy. Thus, in the event of an error in the wording of the delivery details, MYLITTLEDAY.FR cannot be held responsible for the impossibility of delivering the product within the expected time frame. If the product could not be delivered due to this error, all costs incurred for possible reshipment will be the responsibility of THE CUSTOMER.
13.3. Receipt of the goods
The goods always travel at the CUSTOMER’s risk.
THE CUSTOMER must check the good condition of the goods upon arrival of the package. This verification is considered to have been carried out once THE CUSTOMER, or a person authorized by him, has signed the carrier's proof of delivery.
In the event of a problem (product absent or damaged, package pierced, opened or damaged, in particular with the presence of yellow “La Poste” tape), THE CUSTOMER must refuse the package and note a reservation on the delivery slip (package refused because open, damaged or otherwise).
Within a maximum period of 48 (forty-eight) hours from delivery, THE CUSTOMER must file a complaint with the carrier or postal services.
Any anomaly concerning delivery must be notified to MYLITTLEDAY.FR on the same day of receipt or at the latest on the first working day following receipt.
Any complaint made after this deadline will be rejected and MYLITTLEDAY.FR will be released from all liability.
MYLITTLEDAY.FR reserves the right to ask the CUSTOMER to return the defective product.
If the aforementioned conditions are met, MYLITTLEDAY.FR will then either exchange or reimburse the defective products, or reship the missing products, subject to the validity of the CUSTOMER's request and availability.
If the package is not collected by THE CUSTOMER it is automatically sent back to MYLITTLEDAY.FR.
ARTICLE 14 – RIGHT OF WITHDRAWAL AND RETURNS
In accordance with L. 221-18 et seq. of the Consumer Code, THE CUSTOMER has a period of 14 (fourteen) days, from the date of receipt of the goods, to withdraw without giving a reason.
In the event of exercising the right of withdrawal, by returning the product, MYLITTLEDAY.FR is required to reimburse equal to the purchase price of the products purchased and returned, and delivery costs, without additional costs, with the exception of Return costs which remain the responsibility of the CUSTOMER.
The refund is due within a maximum period of 14 (fourteen) days upon receipt of the goods.
The product(s) must be returned in perfect condition, in their original packaging, intact and complete, thus allowing them to be sold in new condition.
Damaged, soiled or incomplete products will not be returned.
The products are returned by THE CUSTOMER, accompanied by the purchase invoice or delivery note, to the following address:
LOGISSEO
My Little Day - MLP
Returns
12 avenue Jean Joxé
49100 ANGERS
MYLITTLEDAY cannot be held responsible for any loss or damage occurring during transport, it is therefore recommended that the CUSTOMER use a tracked shipping service and keep all proof of return.
In the event of loss or damage during transport, THE CUSTOMER must contact their carrier directly.
MYLITTLEDAY will not be able to process products not received in the warehouse.
The right of withdrawal is exercised under the same conditions from the time of ordering, before delivery.
If the right of withdrawal is exercised after the goods have left the warehouse, the return costs remain the responsibility of the CUSTOMER.
The risks associated with returning products are the responsibility of the CUSTOMER. Cash on delivery shipments are not accepted. Only the price of returned products is refunded. Initial shipping costs remain the responsibility of the CUSTOMER.
ARTICLE 15 - INTELLECTUAL PROPERTY
MYLITTLEDAY.FR is the owner of the intellectual property rights on the site and the right to distribute the elements appearing in the catalog of the online store and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.
As such and in accordance with the provisions of the intellectual property code, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the product catalog, their use as well as their making available to third parties are formally prohibited unless express and explicit authorization obtained from MYLITTLEDAY.FR.
ARTICLE 16 - COMPUTING AND FREEDOMS
The personal data provided by THE CUSTOMER are necessary to process their order and prepare invoices.
The information collected may also be used to offer the CUSTOMER similar products and send mailings relating to the promotional or advertising operations of MYLITTLEDAY.FR, as part of commercial or marketing operations.
When providing their contact details, THE CUSTOMER may choose not to subscribe to the newsletter by not checking the relevant box.
THE CUSTOMER can also unsubscribe at any time by clicking on the link at the end of emails from MYLITTLEDAY.FR or by contacting MYLITTLEDAY.FR.
The data collected is confidential and MYLITTLEDAY.FR undertakes not to communicate, free of charge or with consideration, the CLIENT's contact details to a third party other than its partners responsible for the execution, processing, management and payment of orders. .
All information relating to compliance with the General Data Protection Regulation (EU Regulation 2016/679) by MYLITTLEDAY is available on the website www.mylittleday.fr on the “Personal data and privacy policy” page.
Processing of information communicated via the website www.mylittleday.fr has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL).
In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, modified by law n°2004-801 of August 6, 2004, THE CUSTOMER has a right of access, rectification and, subject to the legal provisions applicable to the matter, deletion of information concerning him.
ARTICLE 17 – PARTIAL NON-VALIDATION
If one or more stipulations of these general conditions of sale are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and effect. their strength and scope.
ARTICLE 18 – LIABILITY
This contract is subject to French law, excluding the provisions of the Vienna Convention.
MYLITTLEDAY.FR cannot be held responsible for damages of any nature, whether material, immaterial or bodily, which could result from malfunction or misuse of the products sold.
The same applies to any modifications to products resulting from manufacturers.
The liability of MYLITTLEDAY.FR will, in any event, be limited to the amount of the order and cannot be held responsible for simple errors or omissions which may have existed despite all the precautions taken in the presentation of the products.
MYLITTLEDAY.FR is only bound by an obligation of means, in the online sales process.
MYLITTLEDAY.FR cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service or other unintentional problems.
ARTICLE 19 - MEDIATION AND COMPETENT COURTS
In the event of a dispute, the member will contact MYLITTLEDAY as a priority, at 01 75 44 33 80, to obtain an amicable solution.
In the event of failure of the complaint request to the consumer service or in the absence of a response from this service within two months, THE CUSTOMER may submit the dispute between him and MYLITTLEDAY.FR to a mediator in accordance with the articles L. 612-1 to L. 612-5 of the Consumer Code.
To submit their request for mediation, THE CUSTOMER must contact ANM MEDIATION:
- by email: contact@anmconso.com
- by telephone from Monday to Friday from 9 a.m. to 12 p.m. at: 01 58 64 00 05
- by post: ANM CONSOMMATION - 2 rue de Colmar - 94300 Vincennes
The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
In the absence of mediation and/or amicable resolution, the courts of France will have sole jurisdiction, notwithstanding multiple defendants or warranty claims.
