Version in force as of February 15, 2021

Article 1. Scope of application


The present general conditions of sale (hereafter "GCS") constitute a contract framing the conditions of remote sale of the products offered by the company PIED DE POULE through the site www.pieddepoule.com (hereafter the "Site").

This contract is concluded between the company PIED DE POULE, a limited liability company, with a share capital of 5,000 euros, registered with the Paris Trade and Companies Register under number 503 635 633, whose registered office is located at 59 rue l'Ourcq - 75019 PARIS (hereinafter "PIED DE POULE"), which operates the website www.pieddepoule.com, and you, in your capacity as a consumer (hereinafter "You" or "The Customer").

The present GTC are not applicable to professionals purchasing in the framework of their professional activities, wholesalers and distributors.

PIED DE POULE is subject to value added tax (VAT) under the individual identification number FR 88 503 633 635.

You must read and accept these Terms and Conditions of Sale prior to each order by ticking the box provided for this purpose: " I have read and accept the General Terms and Conditions of Sale of PIED DE POULE and I undertake to pay for my order ".

PIED DE POULE reserves the right to adapt or modify at any time the present GCS in order to comply with the legislative and regulatory changes applicable to distance selling contracts or in case of evolution of the activity of PIED DE POULE.

The GTC thus modified will only be applicable to purchases made after this modification, the version of the GTC applicable being always the one appearing on the Site at the time of the order.

Article 2. Products

In application of article L.111-1 of the Consumer Code, PIED DE POULE makes visually available to you, prior to the conclusion of the sales contract, the products offered for sale as well as their essential characteristics.

PIED DE POULE will provide you with a product corresponding to the given description and having the qualities you can legitimately expect.

Nevertheless, the products may include minor variations from the representation made on the Site that may result from the distance of the shooting, the processing of the photographs or the mode of transmission and display of data on the screen.

The products are offered for sale while stocks last.

If PIED DE POULE could not execute your order due to a stock shortage, we will inform you without delay.

If, due to this unavailability, you decide to cancel your purchase, you will be refunded within 14 days after you have informed PIED DE POULE of your decision at :
eshop@pieddepoule.com

Article 3. Order


The placing of an order on the website www.pieddepoule.com is subject to compliance with the procedure set up by PIED DE POULE, comprising the following steps:

  • Selection of articles
  • Validation of your basket
  • Delivery terms and information
  • Validation and confirmation of your order
  • Payment

Before confirming your order, you must read and accept without reservation these GCS by ticking the box: " I have read and accept the GCS of PIED DE POULE and I agree to pay my order ".

Pursuant to Article L.221-13 of the French Consumer Code, you will then receive by electronic means, at the address you have provided for this purpose, a confirmation summarising the details of your order and its total price including tax.

The invoice corresponding to your order can be sent to you upon request to eshop@pieddepoule.com.

Article 4. Prices


The prices indicated on the Site are expressed in Euros including all taxes (VAT included).

VAT is applied at the rate in force in metropolitan France at the time of the order.

For deliveries outside the European Union and in the DOM TOM, the order will be established without taxes. In the event that customs duties, import taxes or local taxes are payable, these costs and the formalities relating thereto shall be borne by the Customer.

The price guaranteed to the Customer is the price displayed on the Site at the time the Product is placed in the basket.

The prices displayed on the Site are exclusive of delivery costs, payable by the Customer, which are added at the time the order is placed.

The delivery is offered from 70€ of purchases for a delivery in Metropolitan France by Colissimo.

The "TOTAL PAYABLE" displayed after validation of the order includes delivery costs and VAT.

Article 5. Methods of payment


Lesmeans of payment accepted by PIED DE POULE are indicated on the Site at the time of the validation of the order.

The payment of the order is carried out either via PAYPAL or via the secure platform of our payment provider STRIPE, the means of payment accepted on this platform being BLUE CARD, VISA, MASTERCARD, AMERICAN EXPRESS.

The products are payable cash, after confirmation of the order.

PIED DE POULE reserves the right to suspend or cancel any order in the event that your credit card payment authorization is refused or in case of non-payment.

PIED DE POULE also reserves the right to refuse or cancel an order coming from a Customer with whom a payment dispute would have taken place or would be in progress or in case of objective suspicion of fraud.

Article 6. Delivery

6.1. Terms and conditions of delivery

Deliveries are made by LA POSTE - COLISSIMO.

They are carried out at the postal address that you communicated to us at the time of your order, which must correspond to your home address or that of any other natural person or to your business address.

In the case of a payment by PayPal, the Customer must verify that the address used for his PayPal account is the same as the desired delivery address.

Delivery cannot be made to hotels or post office boxes.

You must ensure that you provide PIED DE POULE with accurate and complete information regarding the delivery address.

In case of error, PIED DE POULE could not be held responsible for the impossibility to proceed to this delivery.

In case of absence or impossibility of delivery of the parcel, COLISSIMO will leave you a delivery notice mentioning the address of the post office where you can collect it on presentation of an identity document and the date from which you can collect it.

6.2. 6.2. Delivery times

Your products will be shipped by PIED DE POULE for a care in parcel followed by our carrier LA POSTE - COLISSIMO within 1 to 5 working days after confirmation of the payment of the order.

The delivery time for a COLISSIMO parcel in metropolitan France is 3 to 5 working days after it has been picked up by LA POSTE.

A tracking number will be sent to you by email as soon as the package is picked up by COLISSIMO.

Your PIED DE POULE products will therefore be delivered to you within 4 to 10 working days.

For COLISSIMO international delivery times, you can consult the delivery time calculator https://www.laposte.fr/particulier/outils/calculateur-de-delais

6.3. Reception and transfer of risks


In application of articles L.216-4 and following of the Consumer Code, any risk of loss or damage to the goods is transferred to the Customer at the moment when the Customer, or a third party designated by him, and other than the carrier proposed by the PIED DE POULE, takes physical possession of these goods.

Delivery is deemed to be made as soon as the product is handed over to the Customer by the carrier, as evidenced by the control system used by the carrier.

Upon receipt of the products upon delivery, you are invited to check the apparent condition of the packaging and the product and to report any damage to the carrier on the delivery note and to PIED DE POULE as soon as possible.

As an exception, the risk is transferred to the Customer when he entrusts the delivery of the product to a carrier other than the one proposed by PIED DE POULE.

Article 7. Right of withdrawal

In application of article L.221-18 of the French Consumer Code, you have a period of fourteen (14) days from the day after receipt of your PIED DE POULE product to exercise your right of retraction, without having to justify or justify your decision.

You can exercise this right by filling in the standard withdrawal form available here by sending it by post or by email to the following address eshop@pieddepoule.com.

You are advised to send the cancellation form by registered mail with acknowledgement of receipt in order to prove that you have exercised your right of cancellation in the manner and within the period required by law.

PIED DE POULE will send you an electronic confirmation without delay.

You are free to inform us of your retraction on the medium of your choice by mail at PIED DE POULE - 59 rue de L'Ourcq - 75019 PARIS or by email at eshop@pieddepoule.com.

You must return your product no later than 14 days after sending your withdrawal to the address below:

CHICKEN FOOT
Returns of goods
70 bis rue des Métairies
41000 BLOWS

The package must contain your initial delivery note showing the order number and be sent as a tracked parcel.

The return is at the expense of the Customer (only the direct shipping cost).

The product must be returned in its original condition, new, unworn, unwashed.

The use of the original packaging of the product, especially fragile, is recommended to facilitate its shipment in case of exercising your right of withdrawal.

PIED DE POULE will reimburse the totality of the amount of your order, including the initial delivery charges, on the day the order to which your retraction relates will have been received by us or until you have provided proof of the shipment of the products, the date chosen being the first of these facts.

The refund will be made through the same means of payment used to pay for the order.

Pursuant to Article L.221-23 of the Consumer Code, you may be held liable in the event of depreciation of the product subject to your withdrawal.

At the end of the withdrawal period, the sale is firm and final.

Article 8. Returns, exchanges and refunds

Without prejudice to the provisions relating to the right of retraction, you have the possibility of returning or exchanging your PIED DE POULE products within 15 days after receipt of your order, by sending a return request to eshop@pieddepoule.com.

You will then have 10 days to reship your products to the address :

CHICKEN FOOT
Returns of goods
70 bis rue des Métairies
41000 BLOWS

The return for exchange or refund is at the expense of the Customer (only the direct shipping cost) except in the case of a product that does not conform to your order, in which case the return will be at our expense.

The product must be returned in a tracked parcel, preferably in its original packaging or in any other suitable packaging, in its original condition, new, unworn, unwashed, for exchange or refund.

The exchange will be possible within the limits of available stocks.

Failing this, we will proceed to refund the totality of your order, except for delivery costs, except in the case of a non-compliant product.

The refund will be made within 10 days of receipt of your product return.

The exchanged product will be sent to you within 7 days as from the reception by PIED DE POULE of the product returned by you.

This Return Policy applies only to online purchases made on the Site.

During sales and private sales, the products are not taken back, exchanged or refunded.

Article 9. Legal warranties and limitations of liability

All products on sale on the www.pieddepoule.com website benefit from the legal guarantee of conformity provided for in articles L.217-4 and following of the Consumer Code and the guarantee against hidden defects provided for in articles 1641 and following of the Civil Code.

For any request concerning the legal guarantees, you can contact us by email at the following address eshop@pieddepoule.com or by post at PIED DE POULE 59 rue de l'Ourcq - 75019 PARIS.

9.1. Legal guarantee of conformity

Article L.217-4 of the Consumer Code provides that :

" The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery .

He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been entrusted to him by the contract or has been carried out under his responsibility ".

Article L.217-5 of the same code provides that " the property is in conformity with the contract :

1° If it is fit for the use usually expected of a similar good and, where appropriate :

If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model

If it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising and labelling.

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter ".

As part of the legal guarantee of conformity, you are informed that in application of articles L.217-7 and following of the Consumer Code :

  • Actions arising from lack of conformity shall be time-barred two years after delivery of the goods;
  • Any lack of conformity which becomes apparent within 24 months of delivery shall be presumed to exist at the time of delivery, unless proved otherwise. This presumption may be rebutted by the seller if it is not compatible with the nature of the goods or the lack of conformity invoked;
  • In the event of lack of conformity, you may choose between repair or replacement of the goods subject to the cost conditions set out in Article L.217-9 and the conditions set out in Article L.217-10;
  • However, the sale may not be rescinded if the lack of conformity is minor;
  • The implementation of the legal guarantee of conformity is free of charge.

9.2 Warranty against hidden defects

Article 1641 of the Civil Code provides that :

" The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.

You are informed that in application of articles 1642 and following of the same code :

  • The action resulting from latent defects shall be time-barred after two years from the discovery of the defect;
  • PIED DE POULE is not held responsible for apparent defects and of which the buyer has been able to convince himself;
  • PIED DE POULE is held liable for hidden defects of which it could legitimately have been aware at the time of the sale;
  • After evaluation of the defect, you have the choice to return the item and get the price back or to keep the item.

9.3. Limitations of liability

In application of article L.221-15 of the Consumer Code, PIED DE POULE can exonerate itself from all or part of its responsibility by proving that the non-performance or poor performance of the contract is attributable either to the consumer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.

Article 10. Disputes and applicable law


The General Terms and Conditions of Sale of PIED DE POULE are governed by French law.

Any dispute relating to these GCS will be submitted to the French jurisdiction materially and territorially competent.

In application of articles L.612-1 and following of the Consumer Code, provided that you have previously sent a written complaint to PIED DE POULE to try to resolve the dispute, you have the right to have recourse free of charge to a consumer mediator for the amicable resolution of this dispute opposing you to PIED DE POULE.

This prior complaint can be sent by post to PIED DE POULE 59 rue de L'Ourcq 75019 PARIS, or by email to the following address

eshop@pieddepoule.com

You can then have free recourse to the following mediator (IN PROGRESS).

In the absence of a prior written complaint to PIED DE POULE, but also if the request is manifestly unfounded or abusive, if the dispute has been previously examined or is being examined by another mediator or by a court, if you have submitted your request to the mediator within a period of more than one year from the date of your written complaint to PIED DE POULE or if the dispute does not fall within the competence of the mediator, it cannot be examined.


You will then be informed by the mediator, within three weeks of receiving your file, that your request for mediation has been rejected.

You can also consult the European Union's Online Dispute Resolution Platform, which is available at

 https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

terms and conditions of sale between professionals

Clause 1: Purpose

The general conditions of sale described hereafter detail the rights and obligations of the company PIED DE POULE and its customer within the framework of the sale of the following goods: crockery, tableware, decoration and stationery.

Any service performed by the company PIED DE POULE therefore implies the buyer's unreserved adherence to these general conditions of sale.

Clause 2: Price

The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated net of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.

The company PIED DE POULE grants itself the right to modify its prices at any time.

However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.

Clause 3: Discounts and rebates

The proposed rates include the discounts and rebates that the company PIED DE POULE would be led to grant in view of its results or the assumption of responsibility by the buyer for certain services.

Clause 4: Discount

No discount will be granted for early payment.

Clause No. 5: Terms of Payment

The payment of the orders is carried out:

  • or by check;
  • or by bank transfer;

With the first order, the buyer shall pay the balance of the total invoice amount before delivery and receipt of the goods.

For the following orders a deferred payment at 30 days will be granted.

Clause 6: Late Payment

In the event of non-payment in whole or in part of the goods delivered either on the day of receipt (for a first order) or within 30 days (for a reassert),

the buyer must pay to the company PIED DE POULE a delay penalty equal to three times the legal interest rate.

The legal interest rate used is that in force on the day of delivery of the goods.

As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20, 2014).

This penalty is calculated on the amount including tax of the amount remaining due, and runs from the due date of the price without any prior formal notice being necessary.

In addition to the late payment compensation, any sum, including the deposit, not paid by the due date shall automatically give rise to the payment of a fixed compensation of 40 euros due as recovery costs.

Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.

Clause 7: Resolutive Clause

If within fifteen days of the implementation of the "Late Payment" clause, the buyer has not paid the outstanding amounts, the sale will be automatically cancelled and may give rise to a claim for damages in favour of the company PIED DE POULE.

Clause n° 8: Retention of title clause

The company PIED DE POULE retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is subject to a receivership or a judicial liquidation, the company PIED DE POULE reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.

Clause No. 9: Delivery

The delivery is made :

  • or by direct delivery of the goods to the buyer;
  • or at the place indicated by the buyer on the order form.

The delivery time indicated at the time of order registration is given only as an indication and is in no way guaranteed.

Consequently, any reasonable delay in the delivery of the products will not give rise to the buyer to :

  • the award of damages;
  • cancellation of the order.

The risk of transport shall be borne in full by the purchaser.

In the event of missing or damaged goods during transport, the buyer must make all the necessary reservations on the order form upon receipt of the said goods.

These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt.

Clause 10: Force majeure

The responsibility of the company PIED DE POULE cannot be implemented if the non-execution or delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure. As such, force majeure shall be understood as any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.

Clause No. 11: Competent Court

Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.

Failing amicable resolution, the dispute will be brought before the Commercial Court of Paris.

Done in Paris on 15/02/21

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