Your order from A to Z

General terms and conditions of sales.

The present General terms and conditions of sales (hereafter General conditions) apply to any purchase made by an internet user/physical person (hereafter the “Customer”) on the website http://www.monpremierdoudou.paris to Mon Premier Doudou which has its head office :

36 rue de la Grande Catonnière 42800 Saint-Martin la Plaine FRANCE
Tel: 0033.469.35.59.91
@ : contact@monpremierdoudou.paris

(hereafter the “Seller”).

Each order placed on the website implies for the CUSTOMER a compulsory and without reservation acceptance of the present General Conditions.

Article 1. DEFINITIONS.

The terms employed hereafter have in the present GSC the following meaning:

“CUSTOMER”: refers to the contracting partner of the VENDOR who assures he has the position of consumer as defined by the French law and case law. On this account, it is expressly provided that this CUSTOMER acts out of any usual or commercial activity. 

“DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the Customer

at the delivery address given at the time of the order. 

“PRODUCTS”: refers to the whole of the products available on the website.

 

Article 2. PRIVACY DATA POLICY.

The data the CUSTOMER has given to the firm “Mon Premier Doudou“ are confidential. They will only be used for an order processing and/or the delivery of promotion e-mails You may ask at the time of your order validation, that the delivery of your parcel be done without any distinctive sign, by noting a message in the box “YOUR MESSAGE”.

 

Article 3. GENERAL CONDITIONS ACCEPTANCE.

The CUSTOMER commits itself to read closely the present General Conditions and to accept them, before conducting the payment of a product order placed on the website. 

The present General Conditions are referenced at the footer of each page of the website thanks to a link and must be referred to before placing the order. The CUSTOMER is asked to read carefully, download, print the General Conditions and save a copy of them.

The VENDOR recommends to the CUSTOMER to read the General Conditions with each new order, the last version of those Conditions applying to any new product order. 

When he clicks on the first button to place the order, then on the second one to confirm the order, the CUSTOMER recognizes that he has read, understood and accepted the General Conditions without limitation or reservation.

 

Article 4. ACCOUNT OPENING - PRODUCT PURCHASE ON THE WEBSITE.

To be able to buy a PRODUCT, a CUSTOMER must be 18 years old as a minimum and be legally entitled or, if he is minor, be able to justify the agreement of his legal representatives.

The CUSTOMER will be invited to give all the pieces of information allowing to identify him by filling a form available on the website. The sign (*) marks the compulsory fields that must be filled to allow the treatment of the CUSTOMER order by the VENDOR. The CUSTOMER can check on the website the status of his order. The DELIVERY follow-up may if necessary be done by using the follow-up online tools of some hauliers. The Customer may also contact at any moment by email the sales service of the VENDOR, at the address contact@monpremierdoudou.paris, to get pieces of information on the order status. 

The pieces of information that the CUSTOMER gives to the VENDOR at the time of an order must be complete, accurate and up-to-date. The VENDOR reserves the right to ask the CUSTOMER to confirm by any suitable means, his identity, his eligibility and the given pieces of information.

 

Article 5. ORDERS.

Article 5.1 Product characteristics.

The VENDOR endeavours to present as clearly as possible the main characteristics of the PRODUCTS (On the information forms available on the website) and the compulsory information that the CUSTOMER must receive in accordance with the applicable law (In the General Conditions). The Customer commits himself to read attentively that information before placing an order on the WEBSITE.

 Everything is implemented so as the quantity of products inscribed on our website reflects the availability of our inventory. Mon Premier Doudou cannot be held responsible if his suppliers run out of stock. However we commit ourselves to inform you in the shortest possible time if a PRODUCT is no longer available.

The VENDOR reserves the right to modify the available PRODUCT selection on the website especially according to the constraints linked to his suppliers.

Article 5.2. Orders procedure.

The PRODUCT orders are placed directly on the website. To place an order, the CUSTOMER must follow the steps described below (Please note however that depending of the page where the CUSTOMER starts, the steps may be slightly different.

 

5.2.1. PRODUCT selection and purchase options.

The CUSTOMER must select the PRODUCT(S) he has chosen by clicking on the concerned PRODUCT(S) and in choosing the desired characteristics and quantities. Once the PRODUCT has been selected it is put in the CUSTOMER cart. The latter may then add in the cart as many PRODUCTS as he wishes.

 

5.2.2. Orders.

Once the PRODUCTS have been selected and put in the cart, the CUSTOMER must click on the cart and check that the content of his order is correct. If the CUSTOMER has not yet done it, he will be then invited to identify himself or to register. 

Once the CUSTOMER will have confirmed the content of the cart and register or identify himself, an online form will be displayed to his attention and automatically filled, summarizing in the currency he has chosen, the price, the applicable taxes, the customs duties (according to the country of delivery) and the delivery charges. The available currencies are the Euro, the Pound sterling, the Swiss Franc, the US Dollar and the Canadian Dollar. 

The CUSTOMER is invited to check the content of his order (The quantity, the characteristics and references of the ordered PRODUCTS, the delivery address, the means of payment and the price) before confirming the content… 

The CUSTOMER may then proceed to the payment of the PRODUCTS following the instructions given on the website and give all the necessary information for the invoicing and the delivery of the Products. 

Concerning the PRODUCTS for which options are available, the specific references appear when the correct options have been selected.

The placed orders must contain all the information necessary for their correct treatment.

The CUSTOMER must also indicate the chosen delivery means.

 

5.2.3. Acknowledgement.

Once all the steps above described are completed, a page is displayed on the website to acknowledge the order of the CUSTOMER. A copy of the acknowledgement of the order is automatically addressed by mail to the CUSTOMER, provided that the email address given on the registering form is correct.

The VENDOR does not send any order acknowledgement by postal mail or telecopy.

 

5.2.4. Invoicing.

During the order procedure, the CUSTOMER will have to capture the data necessary to the invoicing (the sign (*) will say the boxes having to be compulsorily filled to allow the CUSTOMER order to be treated by the VENDOR).

The CUSTOMER must in particular clearly indicate the information relative to the delivery, as the exact address, as well as any access code at that address.

The CUSTOMER must then specify the means of payment chosen.

Neither the order form that the CUSTOMER establishes online, nor the order acknowledgement that the VENDOR sends to the CUSTOMER by email may be considered as an invoice. Whatever the order or payment mode used, the CUSTOMER will receive the original invoice at the product delivery, inside the parcel.

 

5.3. Order date.

The order date is the date at which the VENDOR acknowledges the order online. The extension indicated on the website begins to run from that date.

 

5.4. Price.

For all the PRODUCTS, the CUSTOMER will find on the website prices indicated according to the chosen currency.

  • For the European Union, VAT included.
  • For Canada, taxes (TPS and TVH) and customs duties included.
  • For the French overseas departments and territories: exclusive of tax.
  • For other foreign countries: exclusive of tax.

 

Any modification of the applicable tax rates may have an impact on the prices of the PRODUCTS from the date the new rates come into force.

The applicable VAT rate is given as a percentage of the value, exclusive of tax, of the sold product.

The prices of the VENDOR’S suppliers may be modified. Consequently, the prices indicated on the website may change. They may also be changed in case of special offers or sales.

The indicated prices are valid, except in the case of a gross error. The applicable price is the one indicated on the website at the date the order is placed by the CUSTOMER.

 

5.5. PRODUCT availability.

According to the concerned PRODUCT, the VENDOR applies a just-in-time management of the stock. Consequently, according to the case, the Product availability depends of the VENDOR stocks.

The VENDOR commits himself to honour the orders, subject to the availability of the PRODUCTS.

The non-availability of a PRODUCT is in principle indicated on the page of the concerned PRODUCT. The CUSTOMERS may also be informed of a new stock of a product by the VENDOR.

In any case, if the non-availability has not been indicated at the moment of the order, the VENDOR commits himself to inform the CUSTOMER without extension of  that non-availability.

 

The VENDOR may on request of the customer:

Either suggest to send all the PRODUCTS at the same time as soon as the products out of stock will be again available.

Or proceed to a partial shipment with the available PRODUCTS in a first time, then to the shipment of the rest of the order when the other products will be available, subject to a clear information concerning the extra carriage that could be incurred.

Or propose another product of equivalent quality and price, accepted by the Customer.

If the CUSTOMER decides to cancel his order of non-available PRODUCTS, he will obtain the refund of the amount paid for them, without extension and at the latest within 30 days.

 

Article 6. WITHDRAWAL RIGHT.

The clauses of the withdrawal right are provided in the “Withdrawal policy”, policy available in the annexe 1 of the present General Conditions and accessible at the bottom of each page of the website via a hypertext link.

 

Article 7. PAYMENT.

 

7.1. Means of payment.

The CUSTOMER can pay his PRODUCTS online on the website thanks to the means proposed by the SELLER.

The CUSTOMER assures the VENDOR that he owes all the required authorizations to the chosen means of payment.

The VENDOR will take all the necessary measures to guarantee the safety and the privacy of the data passed on online in the scope of the payment online on the website.

On this account, it is made clear that all the data concerning the payment passed on the website are transmitted to the website bank and are not treated on the website.

 

7.2. Payment date.

In case of an only payment by credit card, the CUSTOMER account will be debited as soon as the order is placed on the website.

 

7.3. Delay or payment rejection

If the bank does not accept to debit a card or any other means of payment, the CUSTOMER will have to contact the VENDOR, so as to pay the order by any other valid means of payment.

In the case that for one reason or another, caveat, rejection or other, the payment would be impossible, the order and the sale will be automatically cancelled.

 

Article 8. PROOF AND STORING AWAY.

Any contract concluded with the CUSTOMER corresponding to an order of more than 120€ all taxes included will be stored away for a duration of 10 years in accordance with the article L. 134-2 of the Consumption Code.

The VENDOR accepts to store away that data, so as to provide a follow-up of the transactions and be able to give a copy of the contract on request of the CUSTOMER.

In case of dispute, the VENDOR will have the possibility to prove that his follow-up system is reliable and that it assures the transaction integrity.

 

Article 9. OWNERSHIP TRANSFER.

The VENDOR stays owner of the delivered PRODUCTS until their full payment by the CUSTOMER.

The above clauses are not an obstacle to the transfer to the CUSTOMER, at the moment of the delivery, by him or any third person appointed by him with the exception of the haulier, of the risks of loss or damage of the PRODUCTS, object of the ownership reservation, as well as the damage risks they could bring about.

 

Article 10. DELIVERY.

The clauses of DELIVERY of the PRODUCTS are provided for in the “delivery policy”, policy available in the annexe 2 of the present General Conditions and accessible at the bottom of each page of the website via a hypertext link.

 

Article 11. PACKAGING.

The PRODUCTS will be packed up in accordance with the current transport standards, to guarantee a maximum protection for the PRODUCTS during the DELIVERY. The CUSTOMERS commit themselves to respect the same standards when they send back PRODUCTS in the conditions defined in the annexe 1 – Withdrawal Policy.

 

Article 12. GUARANTEES.

12.1. Guarantee of conformity to the product description.

The VENDOR is committed to deliver a standard PRODUCT, that is to say fit for the use expected from such an item and corresponding to the description given on the website. This compliance implies also that the PRODUCT offers the qualities a buyer can legitimately wait considering the public declarations done by the VENDOR, including the advertisings and the labels.

Within this scope, the VENDOR is likely to answer for the non-compliance defects present at the time of the delivery and of the non-compliance defects coming from the packaging, the instructions for assembly or the assembly if that one has been put under his responsibility.

The action resulting of a non-compliance defect is lapsed two years after the delivery of the PRODUCT.

In case of a non-compliance defect, The CUSTOMER can ask the replacement or the repair of the PRODUCT, optional. However, if the cost of the choice of the CUSTOMER is obviously out of proportion compared to the other possible option, considering the value of the PRODUCT or the importance of the defect, the VENDOR will be able to proceed to a reimbursement, without following the option chosen by the CUSTOMER.

Supposing a replacement or a repair would be impossible, the VENDOR commits himself to refund the price of the PRODUCT within 30 days of the reception of the returned PRODUCT.

This one must be sent at the following address: 36 Chemin de la Grande Catonnière 42800 Saint-Martin-la-Plaine France.

 

12.2. Guarantee against hidden defects

The VENDOR is committed to guarantee the sold PRODUCT against the hidden defects that make it unfit for the use for which it is intended, or reduce so much that use that the CUSTOMER would not have bought it or would have given a lesser price if he had known them.

Supposing a replacement or a repair would be impossible, the VENDOR commits himself to refund the price of the PRODUCT within 30 days of the reception of the returned PRODUCT. 

This one must be sent at the following address : 36 Chemin de la Grande Catonnière - 42800 Saint-Martin-la-Plaine - France. 

The action resulting from the hidden defects must be brought by the Customer within an extension of two (2) years from the discovery of the defect.

 

Article 13. RESPONSIBILITY.

The SELLER will not in any case accept responsibility if the Customer has not or has not properly fulfilled his contract obligations, particularly when he has placed his order.

The SELLER will not accept responsibility or consider he has failed to the presents, for any delay or non-fulfilment, when the reason for the delay or non-fulfilment is linked to a completely unavoidable case as it is defined by the case law of the French Courts.

It is besides specified that the VENDOR does not supervise the websites that are directly or indirectly linked to the Website. Consequently, no responsibility is accepted on account of the information which are there displayed. The links towards websites of third persons are given for information only and no guarantee can be given as for their content.

 

Article 14. PERSONAL DATA.

The VENDOR collects on the website personal data concerning his customers, including through cookies. The CUSTOMERS can deactivate the cookies in following the instructions given by their browser.

The data collected by the VENDOR are used to treat the orders placed on the website, managed the CUSTOMER account, analyse the orders and, if the CUSTOMER has chosen that option, send to him prospecting letters, newsletters, promotional offers and/or information on special sales, except if the CUSTOMER does not want to receive any longer such announcements from the VENDOR.

The CUSTOMER data are kept confidentially by the VENDOR according to the statement made by the “CNIL”, to be used for the contract, his carrying out and in the respect of the law.

The CUSTOMERS can at any moment unsubscribe in accessing to their account or in clicking on the hypertext link provided to that end at the bottom of each offer received by mail.

The data can be given, in all or partly, to the service providers of the VENDOR stepping in the order process. For trading purposes, the VENDOR can transfer to his commercial partners the name and details of his CUSTOMERS, provided that those have given their prior agreement when registering on the website.

The VENDOR will ask specifically to the Customers if they wish that their personal data be disclosed. The CUSTOMERS will be able to change their mind at any moment on the website or in contacting the VENDOR.

 

Article 15. COMPLAINTS.

The VENDOR places at the disposal of the CUSTOMER a “ customer telephone service” with the following number: 0033(0)469355981 ( non-surcharged number).

Any written complaint must be sent to the following address:

SARL Mon Premier Doudou

36 Chemin de la Grande Catonnière

42800 Saint-Martin-la-Plaine

FRANCE

                                                                                                                                        

Article 16. INTELLECTUAL PROPERTY : 

All the visual and sound units of the website, included the underlying used technology, are protected by the copyright, the brand or patent right.

These units are the exclusive property of the VENDOR. Any person who edits a website and wish to create a hypertext link directly towards the website must ask for an authorization to the VENDOR in writing.

This authorization by the VENDOR will not be in any case granted definitively. This link will be possibly cancelled on the VENDOR’S request. The hypertext links towards the website that use techniques as the framing or the in-line linking are strictly prohibited.

 

Article 17. GENERAL CONDITION VALIDITY.

Any modification of the legislation or the regulation in force, or any decision of a Court having jurisdiction quashing one or several clauses of the present General Conditions can affect the validity of the present General Conditions. Such a modification or decision does not authorize in any case the CUSTOMERS to fail to recognize the present General Conditions.

All conditions non specifically treated in the presents will be governed in accordance with the habitual practice of the private trade sector, for the firms which head office is in France.

 

Article 18. AMENDMENT TO THE GENERAL CONDITIONS.

The present General Conditions apply to all the purchases made online on the website, as long as the website is available online.

The General Conditions are dated in a precise way and will be possibly modified and brought up to date by the VENDOR at any moment. The applicable General Conditions are those in force at the moment of the order.

The modifications brought to the General Conditions will not apply to the PRODUCTS already bought.

 

Article 19. JURISDICTION AND APPLICABLE LAW.

The present General Conditions as the business relations between the CUSTOMER and the VENDOR are governed by the French law.

In case of dispute, the French Courts alone are relevant.

However, before any appeal to the arbitral or state judge, a negotiation will be privileged in a spirit of fairness and good faith within sight of reaching an amicable agreement, at the time of the unexpected arrival of a conflict in relation with the present contract, including its validity.

The party wishing to bring the negotiation process into play will have to inform the other party by recorded delivery letter with acknowledgement of receipt saying the conflict facts. If at the end of an extension of fifteen (15) days, the parties were unable to come to an agreement, the dispute will be submitted to the Court that has jurisdiction, hereafter referred to.

ANNEXE 1 : WITHDRAWAL POLICY.

 

Withdrawal principle.

The Customer who lives in the European Union, has the right to return the Product to the Vendor or to a person chosen by the latter, without excessive delay, and at the latest within fourteen days (14)  after he has given his decision to withdraw his order.

The Customer who lives outside the European Union, has the right to return the Product to the Vendor or to a person chosen by the latter, without excessive delay, and at the latest within seven  days (14)  after he has given his decision to withdraw his order.

Withdrawal extension.

The withdrawal extension expires fourteen (14) calendar days after the customer, or a third person other than the haulier and chosen by the Customer, takes physically possession of the Product.

If the Customer order concerns several products and if those products are delivered separately, the withdrawal extension expires fourteen (14) days after the day the Customer, or a third person other than the haulier and chosen by the Customer, takes physically possession of the last Product.

Notification of the withdrawal right.

To exercise his withdrawal right, the CUSTOMER has to notify his decision to withdraw from the present contract by means of an unambiguous statement to: Mon Premier Doudou 36 Chemin de la Grande Catonnière 42800 Saint-Martin-la-Plaine France or contact@monpremierdoudou.paris.

He can also use the form hereunder. :

WITHDRAWAL FORM.

To the attention of (*) (*Details of)

Telephone number of the VENDOR:

E-mail address of the VENDOR:

I hereby inform you of my withdrawal from the contract concerning the sale of the under product

Product reference.

Invoice number:

Order form number:

Ordered the / Delivered the
Customer’s name and if necessary the one of the beneficiary of the order. 
Customer’s address:
Delivery address:
Customer’s signature:
Date

So as to respect the withdrawal extension, the Customer must transmit his withdrawal decision before the expiry of the withdrawal extension.

 

Withdrawal effects.

In case of withdrawal from the Customer, the Vendor commits himself to refund the totality of the paid sums, including the delivery charges, without excessive delay and in any case at the latest, fourteen (14) days from the day the Vendor has been informed the customer wanted to withdraw.

The vendor will proceed to the reimbursement using the same means of payment that the one used by the Customer at the time of the initial transaction, except if the Customer expressly asks a different means. In any case, that reimbursement may cause charges for the customer.

The vendor may postpone the reimbursement until the reception of the product, or until the Customer gives a proof of his dispatch, the kept date being the first one of those facts.

 

Return mode

The Customer will have to, without excessive delay and, in any case, at the latest, fourteen (14) days after he has communicated his withdrawal decision, send back the product to:

SARL Mon Premier Doudou

36 chemin de la Grande Catonnière

42800 Saint-Martin-la-Plaine

FRANCE

 

The extension is reputed respected if the Customer sends back the product before the end of the extension of fourteen days.

 

State of the returned product

The Product must be sent back following the instructions of the Vendor and include all the delivered accessories.

The Customer has certain responsibilities towards the depreciation of the Product resulting of handlings other than those necessary to check the nature, characteristics and good running of this Product. In other words the Customer has the possibility to test the product, but he will have certain responsibilities if his handlings are other than necessary.

Packaging

The products are packaged according to the transport standards in force, so as to guarantee a maximum protection to them during the delivery. The Customers must respect the same standards when they send back the Products. On this account the Customer is invited to send back the product that does not suit him in the original package, in good state, fit for its reselling.

 

Exclusions of the withdrawal right

The withdrawal right is excluded in the following assumptions:

 * Items made according to the specifications of the Customer, or clearly customized.

 * Sealed items unable to be sent back for reasons of health protection or hygiene and which have been unsealed by the Customer after the delivery.

 * Hygiene items (undergarments, some jewels….)

 

ANNEXE 2 : DELIVERY POLICY.

 

Dispatch EXTENSION.

The extension to get an order ready then draw up the invoice, before dispatching the products,  available or in stock, is mentioned on the website. If in your order, some items are not in stock but available within some days, this extension may be increased accordingly. The parcel will be dispatched after the receipt of the last pending Products of the order (Except if the extension is greater than fifteen days. The dispatch will be then made in two times.). These extensions do not include week-ends and holidays.

An email will be automatically sent to the customer when the products are dispatched, provided, that the electronic address given in the registering form is correct.

 

DELIVERY extensions & charges.

During the order procedure, the vendor tells the customer the extensions and possible methods of dispatching for the purchased products.

The delivery charges are calculated according to the delivery method. For the customer those charges will be added to the price of the bought products.

The breakdown of the extensions and delivery charges is given on the website.

 

 

DELIVERY modes

The parcel will be delivered to the customer for his signature and proof of identity.

In case of absence, an advice is given to the customer. This one will have to contact the haulier to define the conditions of a new delivery.

 

DELIVERY zone.

The products are dispatched to the address given at the time of the order.

 

There are 3 types of DELIVERY :

  1.      The delivery of little parcels
  2.      The delivery of big parcels
  3.      The delivery of bulky and heavy parcels.

 

For the European Union, the French overseas « départements » and territories, the principality of Andorra, Iceland, Norway, Turkey, Canada, the United States: the rates are inclusive for the previously defined three types.

 

For Switzerland, Norway, Turkey, Australia and the United States, you must contact the Customs service of your country to know the customs formalities, the payment of the customs duties and charges.

 

For the other countries: Please contact us for a quotation. You must also contact the Customs service of your country to know the customs formalities, the payment of the customs duties and charges.

 

GIVEN DELIVERY

 

The delivery may be given, only on the “SMALL PARCELS” from a minimum of order invoiced (discounts deducted and total amount free of delivery charges). This minimum amount is different according to the countries (see the table under).

 

  1.    Extensions and Delivery charges 


    

Types of DELIVERY Mondial RelayCollissimo 
Little parcels0 to $49£7.003-8 days
$49 to $99£2.90
from $99,00Free
Big parcels0 - 10 kilos£14,06
10 - 15 kilos£17,76
15 - 20 kilos£21,44
20 - 25 kilos£25,20
25 - 30 kilos£28,80
Bulky and heavy parcelsFor the bulky and heavy parcels, the weights and volumes must be taken into account. The calculation is made by the website and the price is indicated immediately.

  

TAXES,

 

OUTSIDE THE EUROPEAN UNION : you must contact the Customs service of your country to know the customs formalities, the payment of the customs duties and charges.

 

  

Delivery PROBLEMS :

The Customer is informed of the delivery date fixed when he chooses the haulier, at the end of the online order procedure, before the order confirmation.

It is specified that the deliveries will be made within thirty (30) days as a maximum. Failing that, the CUSTOMER must give notice to the Vendor to dispatch in a reasonable extension;

in case of non respect of that extension the cancellation will be possible.

The Vendor will refund, without excessive delay as from the reception of the letter of cancellation the total amount paid for the products, taxes and delivery charges included, by

the means of the same payment mode than the one used by the CUSTOMER to purchase the PRODUCTS.

The VENDOR is responsible until the delivery of the PRODUCT to the CUSTOMER. It is reminded that the CUSTOMER has an extension of three (3) days to notify the haulier of the damages and partial losses noticed at the time of the delivery.

Parcel control at the delivery.

If at the time of the delivery, the original packaging is spoiled, torn or opened, you must check the state of the articles. If they have been spoiled, it is essential that you should refuse the parcel and note a reservation on the delivery note (parcel refused because it is opened and spoiled). If the reservations have not been done at the time of the delivery no claim will be latter accepted.



Le 01/06/2015