Version in force as of February 15, 2021

Article 1. Scope of application


These general terms and conditions of sale (hereinafter "GTC") constitute a contract governing the conditions of distance selling of products offered by PIED DE POULE the website www.pieddepoule.com (hereinafter the "Website").

This contract is entered into between PIED DE POULE, a limited liability company with a share capital of €5,000, registered in 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 subject to value added tax (VAT) under individual identification number FR 88 503 633 635.

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

PIED DE POULE the right to adapt or modify these Terms and Conditions at any time in order to comply with applicable legislative and regulatory changes relating to distance selling contracts or in the event of changes to PIED DE POULE's business.

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 accordance with Article L.111-1 of the French Consumer Code, PIED DE POULE you with a visual representation of the products offered for sale and their essential characteristics prior to the conclusion of the sales contract.

PIED DE POULE will provide PIED DE POULE with a product that matches the description given and has the qualities you can reasonably 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 is PIED DE POULE to fulfill your order due to a stock shortage, we will notify you immediately.

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

Article 3. Order


Placing an order on the website www.pieddepoule.com is subject to compliance with the procedure established 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 these Terms and Conditions without reservation by checking the box: "I have read and accept PIED DE POULE Terms and Conditions PIED DE POULE agree to pay for 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

The payment methods accepted by PIED DE POULE indicated on the Website at the time of order confirmation.

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

PIED DE POULE also PIED DE POULE the right to refuse or cancel an order from a Customer with whom a payment dispute has occurred or is ongoing, or in the event 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 PIED DE POULE regarding the delivery address.

In the event of an error, PIED DE POULE be held liable for the inability to proceed with 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 delivery as a tracked parcel by our carrier LA POSTE – COLISSIMO within 1 to 5 business days after confirmation of payment for 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 PIED DE POULE therefore PIED DE POULE delivered within 4 to 10 business 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 accordance with Articles L.216-4 et seq. of the French 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 the Customer, other than the carrier proposed by PIED DE POULE, takes physical possession of the 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 soon as possible.

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

Article 7. Right of withdrawal

In accordance with 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 PIED DE POULE exercise your right of withdrawal, without having to 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 PIED DE POULE confirmation by email without delay.

You are free to notify us of your withdrawal using the method of your choice, either by mail to PIED DE POULE 59 rue de L’Ourcq – 75019 PARIS or by email to eshop@pieddepoule.com.

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

PIED DE POULE
Returns
70 bis rue des Métairies
41000 BLOIS

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 the full amount of your order, including the initial delivery costs, on the day we receive the order to which your withdrawal relates, or once you have provided proof of shipment of the products, whichever occurs first.

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 withdrawal, you may return or exchange your PIED DE POULE products PIED DE POULE 15 days of receiving your order by sending a return request to eshop@pieddepoule.com.

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

PIED DE POULE
Returns
70 bis rue des Métairies
41000 BLOIS

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 of PIED DE POULE receiving PIED DE POULE product you have returned.

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 questions regarding legal warranties, you can contact us by email at eshop@pieddepoule.com or by mail at PIED DE POULE 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 held liable for apparent defects that the buyer was able to ascertain for themselves;
  • PIED DE POULE liable for any hidden defects of which it could legitimately have been aware at the time of 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

Pursuant to Article L.221-15 of the French Consumer Code, PIED DE POULE be exempted from all or part of its liability by proving that the non-performance or poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable actions of a third party to the contract, or to a case of force majeure.

Article 10. Disputes and applicable law


PIED DE POULE 's Terms and Conditions PIED DE POULE governed by French law.

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

In accordance with Articles L.612-1 et seq. of the French Consumer Code, provided that you have first sent a written complaint to PIED DE POULE an attempt to resolve the dispute, you have the right to seek the assistance of a consumer mediator free of charge with a view to reaching an amicable resolution of the dispute between you and PIED DE POULE.

This preliminary complaint may be sent by mail to PIED DE POULE rue de L’Ourcq, 75019 Paris, France, or by email to

eshop@pieddepoule.com

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

If you fail to submit a prior written complaint to PIED DE POULE, but also if the request is manifestly unfounded or abusive, if the dispute has previously been examined or is currently being examined by another mediator or by a court, if you have submitted your request to the mediator more than one year after your written complaint to PIED DE POULE if the dispute does not fall within the mediator's jurisdiction, 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 terms and conditions of sale described below detail the rights and obligations of PIED DE POULE its customers in relation to the sale of the following goods: tableware, table accessories, decorative items, and stationery.

Any service provided by PIED DE POULE therefore PIED DE POULE the buyer's unconditional acceptance of these general terms and 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.

PIED DE POULE 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 prices quoted include any discounts and rebates that PIED DE POULE grant based on its results or the buyer's assumption of 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 PIED DE POULE late payment 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 terminated and PIED DE POULE may be entitled to claim damages.

Clause n° 8: Retention of title clause

PIED DE POULE ownership of the goods sold until full payment of the price, including principal and incidental costs. As such, if the buyer is subject to receivership or judicial liquidation, PIED DE POULE the right to claim, within the framework of the collective proceedings, 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

PIED DE POULE be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this respect, force majeure refers to any external, unforeseeable, and unavoidable 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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