Terms and conditions
The company P'tit Clown is registered in the commercial register under the number RCS 309 073 344. Its postal address is ZA Le Saussey - 50160 GUILBERVILLE - FRANCE and its e-mail address is firstname.lastname@example.org.
Any order taken for a product appearing in the online shop of the site www.ptitclown.com implies the consultation and prior acceptance of these general conditions of sale. The click of validation of the order implies a full acceptance of the present. This click has the value of a "digital signature".
These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods offered by the company P'tit Clown to the consumer.
P’TIT CLOWN sells exclusively festive items (the “Goods”) to professionals. Therefore, the Consumer Code shall not apply to the relations between the parties. Any purchase order placed by a customer (the “Customer”) for any of the Goods offered by P’TIT CLOWN implies the conclusion of a contract governed by these General Terms of Sale (“GTS”). Placing a purchase order for P’TIT CLOWN’s Goods implies hence full acceptance of these GTS. Customer’s special terms of purchase or any other provisions issued by the Customer and contrary to these GTS are by no means applicable and enforceable to P’TIT CLOWN, unless there is an express prior agreement between the parties. Prior and explicit special terms of P’TIT CLOWN may be agreed with the Customer.
2.1 In order to place an order, the Customer shall submit to P’TIT CLOWN the purchase order by any means. For example, it can be submitted by e-mail, phone, through a salesman or via the Internet. The Customer’s order will be considered as accepted by P’TIT CLOWN once P’TIT CLOWN has accepted the order by e-mail or by sending an order form.
2.2 Any request for the modification of the order will be subject to P’TIT CLOWN’s express, prior and written agreement.
2.3 The order is not transferable without P’TIT CLOWN’s express prior agreement.
2.4 The Customer commits not to sell any of the Goods without its packaging, user manual or any other item guaranteeing the appropriate use of the Goods. The Customer commits not to modify or alter the Goods’ quality, nor to modify or alter the tags, manuals, packaging or their information. More generally, the Customer commits to store the Product according to the storage rules that may be specified on the packaging and not to sell to its own customers perishable goods after the expiry date.
2.5 Under no circumstances may any final order placed by the Customer be withdrawn. The Customer is solely responsible for the quantity of Goods ordered and no return will be accepted without P’TIT CLOWN’s exceptional express agreement and subject to a new order for other Goods of at least equal value.
2.6 Notwithstanding the Customer’s order, P’TIT CLOWN reserves the right not to comply it in the event it is based on an initial proposal containing a material error such as pricing error, the application of a multiplying coefficient, or if the Customer is liable to pay one or several overdue invoices.
3.1. Delivery will be made by P’TIT CLOWN or by any carrier of its choice. Delivery charges are not included in the Goods’ prices. Delivery charges are specified in the delivery form sent by e-mail to the Customer on the shipping date. Nevertheless, delivery charges may be communicated to the Customer prior to delivery at its express request.
3.2. It is hereby specified that freight paid will be granted when orders are over:
- €1 000 (VAT not included) for metropolitan France, Belgium, Luxembourg and Spain (except for express delivery);
- €1 500 (VAT not included) for Switzerland and the rest of EU countries (except for express delivery);
- € 600 (VAT not included) for orders placed directly through the website www.ptitclown.com for metropolitan France.
When exporting, if freight paid is granted, the incoterm ICC 2010 DAP + delivery city will apply. However, if freight paid is not granted, the incoterm ICC 2010 FCA Torigny-Les-Villes will apply and freight costs will therefore be invoiced. Regarding the overseas departments and territories, freight paid will be granted up to the freight forwarder in France for orders over €1 000 (VAT not included).
The Customer may also choose to ship the Goods with the carrier of its choice and at its own expenses.
In any case, the transfer of risk to the Customer will occur as soon as the carrier collects the Goods from P’TIT CLOWN.
3.2. Delivery dates are provided solely for information purposes.Nevertheless, P’TIT CLOWN endeavours to respect the delivery dates specified on the order form or in the confirmation e-mail. In the event of a delay in delivery, P’TIT CLOWN may not be held liable in any case and, especially but not exclusively, in case of force majeure or circumstances such as strikes, fires, supply difficulties, inability to access to the Internet whichever the reason. In any event, delays in delivery may not give rise to any penalty or compensation, nor can it entail the cancellation of the order without P’TIT CLOWN’s exceptional and express agreement.
4 / Non-compliance and returns
4.1 Upon reception of the Goods, the Customer shall immediately check their compliance with the order. Without prejudice to the provisions to be taken regarding the carrier, claims concerning apparent defects or the non-compliance of the delivered Goods with the ordered Goods shall be sent by e-mail to email@example.com within five (5) working days of receipt or collection of the Goods by the Customer, along with pictures showing the damaged Goods or the description of the non-compliant Goods that have been delivered and the specific details of the Goods that have been ordered but not delivered. Generally, the Customer shall provide with any proof regarding the actual existence of the identified defects or anomalies. The Customer shall enable in any possible way P’TIT CLOWN to assess these defects and to provide them with a solution. The Customer undertakes that its personnel or third parties will refrain from taking any actions on the concerned Goods. After this deadline, P’TIT CLOWN shall not accept any claim.
4.2 Any return of Goods requires P’TIT CLOWN’s prior, express and written agreement. Goods that will be returned without this agreement, will be made available to the Customer and will not give rise to a credit note. The return costs and risks will be at the Customer’s expense. Any return that has been accepted by P’TIT CLOWN may give rise to a credit note in favour of the Customer, upon quantitative and qualitative verification of the returned Goods. Any compensation is formally excluded.
5/ P'tit Clown liability
P’TIT CLOWN may not be held liable to the Customer or to third parties for any indirect damages, such as operating loss, commercial damages, loss of customers, financial or social penalties or data loss.
P’TIT CLOWN may not be held responsible in case of force majeure or due to reasons beyond its control, such as strikes, work interruptions, the unexpected but justified absence of a collaborator, the inability to access to the Internet and/or the Customer’s website whichever the reason, delays on provider’s behalf, casualties or accidents.
The Customer may not invoke the P’TIT CLOWN’s responsibility if a third party invokes the Customer’s responsibility for the purposes of the intellectual property rights concerning the product commercialised by P’TIT CLOWN. The Customer is solely responsible for the Goods ordered to P’TIT CLOWN and commits to personally verify the rights concerning the ordered Goods.
6/ Retention of title
IN ACCORDANCE WITH THE LAW n° 80-335 of 12th May 1980, IT IS RECALLED THAT THE GOODS ARE SOLD SUBJECT TO THE TRANSFER OF OWNERSHIP RESULTING FROM THE FULL PAYMENT OF THE AGREED PRICE. P’TIT CLOWN retains the full ownership of the Goods until full payment of the invoice. Until then, the delivered Goods will be considered in deposit and the Customer will assume the damage risks that may eventually suffer or provoke for whatsoever reason. Payment failure or failure to pay on one of the due dates may lead to the Goods being reclaimed.
7/ Price, Invoicing and Payment
7.1 The prices, information or notes featuring in P’TIT CLOWN’s catalogue and/or in P’TIT CLOWN’s rate sheet are those in force on the date of the order. Prices are net and exclusive of taxes on the basis of the rates communicated to the Customer. However, prices are given on an indicative basis and may vary depending on the fluctuations in the value of the dollar and in commodity prices.
7.2. P’TIT CLOWN will issue an invoice, which will be sent to the Customer by mail or electronically.
7.3. Regarding the payment, unless otherwise agreed, Customers guaranteed by the company EULER HERMES shall pay the invoices by bank transfer, bank cheque, bank draft or bill of exchange within thirty (30) calendar days from the invoice’s issue date. Customers not guaranteed by this company shall pay the invoice before shipment of the order. For these Customers, payments will be made as follows:
- In cash by bank transfer or cheque with 1% discount if payment is made within 8 calendar days from the invoice’s issue date;
- By bank draft, which will have to be returned to P’TIT CLOWN for acceptance within eight days;
- By direct bill of exchange.
In France, the order will be shipped after payment, with 1% discount. When exporting, the orders will be shipped after effective register of the transferred amounts by bank transfer to P’TIT CLOWN’s bank account.
8/ Late Payment and Payment Failure
Beyond invoice’s due date, the Customer will be legally liable to pay:
- A compensation for late payment equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 points, until the date it will be effectively paid.
- A fixed compensation of at least 40 € for recovery costs in accordance with the law n° 2012-387 of 22nd February 2012 and the Decree 2012-1115 of 2nd October 2012.
Besides, in the event of late payment, P’TIT CLOWN reserves the right to immediately suspend its contractual obligations until full payment of the outstanding sums.
In the event of fractioned payment, failure to pay on one of the due dates shall entail its close-out and shall render the total amount due to P’TIT CLOWN, including the sums not yet overdue, payable.
9/ Independance of the clauses
Shall any of the GTS’ provisions become unnecessary, invalid or enforceable, the other GTS’ provisions remain unchanged and applicable, as if the unnecessary, invalid or enforceable provisions were not featuring in the GTS.
10/ Competent Jurisdiction – Governing Law
P’TIT CLOWN chooses its headquarters’ as address. The Commercial Court of PARIS shall have exclusive jurisdiction to hear disputes regarding the application, interpretation or compliance of these General Terms of Sale, even in the event of introduction of third parties. The governing law is the French law.
Protection of personal data
All the data that you entrust to us is for the purpose of processing your orders. In accordance with the law no. 78-17 of 6 January 1978 relating to data processing, data files and liberties, you have the right to rectify, consult, modify and delete data that you have communicated to us. This right can also be exercised online.
Membership of eco-organistions :
In accordance with the legal provisions, the company P'TIT CLOWN has joined the organisation:
- ECOSYSTEM: Unique Identifier FR025540_05OGPV, with regard to its registration obligation for Electrical and Electronic Equipment and the completion of its declarations of placing on the market.
- CITEO: Unique identifier FR216583_01MRIO, with regard to its registration obligation for household paper and packaging.
- COREPILE: Unique identifier FR033858_06TPT3, in view of its registration obligation for portable batteries
- National register of issuers on the market of the French Environment and Energy Management Agency (ADEME). This procedure complies with the regulations relating to the management of waste furnishing elements, according to article R. 543-254 of the Environmental Code and the order of 5 August 2013. The registration number is FR216583_12UGLV for the Toys sector.
FRANCO DE PORT (excluding confetti) :
Free shipping is garanted for a minimum of :
- € 500 (VAT not included) for metropolitan France, (except for express delivery)
- € 1000 (VAT not included) for Belgium, Luxembourg and Spain (except for express delivery)
- €1 500 (VAT not included) for Switzerland and the rest of EU countries (except for express delivery)
When exporting, if freight paid is granted, the incoterm ICC 2010 DAP + delivery city will apply. However, if freight paid is not granted, the incoterm ICC 2010 FCA Torigny-Les-Villes will apply and freight costs will therefore be invoiced.
Regarding the overseas departments and territories, freight paid will be granted up to the freight forwarder in France for orders over €1 000 (VAT not included).