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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 commercial@ptitclown.com.
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".

Subject

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.

Confirmation of order

The contractual information will be confirmed by e-mail to the address provided by the consumer in the order form.

Proof of transaction


The computerized registers, kept in the computer systems of the company P'tit Clown in reasonable conditions of safety are considered proof of communications, orders and payments between the parties.

The filing of the purchase orders and invoices is carried out on a reliable and durable support which can be produced as proof.

Product Information

Every effort has been made to ensure the accuracy of the information presented on the P'tit Clown site. The company P'tit Clown or its suppliers are nevertheless not responsible for the consequences, incidents, special damages resulting from the electronic transmissions or from the exactitude of the information transmitted even if the company P'tit Clown had knowledge of the possibility of such damages. The names and brands of products and manufacturers are used only for identification purposes. The photos, descriptions and prices of the products are not contractual.

The price list is given as an indication. The prices are exclusive of taxes and are invoiced at the current rate of the day. They may vary according to the rate of the US dollar and the current financial crisis.

Terms of delivery

The products are delivered to the address indicated by the consumer on the order form and only in the geographical areas we serve. All products leave our premises in perfect condition and travel at the customer's own risk. The customer must inform the carrier (or the postman) of the slightest trace of shock (holes, traces of crushing, etc...) on the package, and if necessary to refuse the package. A new identical product will then be sent back to you free of charge.

The exchange of any product declared, a posteriori, damaged during transport, without any reservation having been issued at the reception of the parcel, will not be taken in charge. As in any expedition, it is possible that there may be a delay or that the product may go astray. In such a case, we contract the carrier to start an investigation. All efforts are made, as long as necessary, to find this package. If necessary, the merchant will be reimbursed by the carrier and will deliver a new identical package at his expense. We disclaim any responsibility for the extension of delivery times due to the carrier, especially in case of loss of products, bad weather or strike.

Delivery problem due to the carrier

Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products...) must be imperatively indicated on the delivery order in the form of a "handwritten reserve", accompanied by the customer's signature. At the same time, the consumer must confirm this anomaly by sending the carrier within two (2) working days following the delivery date a registered letter with acknowledgement of receipt setting out the said claims. The consumer will have to transmit a copy of this mail to the company P'tit Clown. Without this report, we do not carry out any exchange.

Delivery errors

The consumer will have to formulate near the company P'tit Clown, in the eight days following the delivery and in writing, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications appearing on the purchase order. Any complaint not carried out in the rules defined above could not be taken into account and will release the company P'tit Clown of any responsibility towards the consumer. In the event of error of delivery or exchange, any product to be exchanged or refunded will have to be turned over to the company P'tit Clown as a whole and in its packing of origin in impeccable state to "Company P'tit Clown, ZA Le Saussey - 50160 GUILBERVILLE - FRANCE".

To be accepted, any return will have to be signalled (as mentioned above) and to have the prior agreement of the company P'tit Clown, which in case of agreement will forward the parcel to the good address. The expenses of sending are the responsibility of the company P'tit Clown, except in the case where it would turn out that the product does not correspond to the declaration of origin made by the consumer in the good direction of return.

Product Warranty

The provisions hereof may not deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects of the thing sold. The consumer is expressly informed that the company P'tit Clown is not the manufacturer of the products presented in the site www.ptitclown.com and that the company P'tit Clown is released from any responsibility because of defective products.

Consequently, in case of damage caused to a person or property by product defect, only the responsibility of the manufacturer of the latter may be sought by the consumer, based on the information on the packaging of the product.

Right of withdrawal

The right of withdrawal applies only to natural persons.

The right of withdrawal applies only to natural persons. In accordance with articles L. 120-20, the consumer has a period of seven (7) calendar days to return, at his expense, products that do not suit him. This period starts from the day of receipt of the consumer's order. Any return will be able to be announced as a preliminary with the customer service of the company P'tit Clown. The product must be returned to the address "Société P'tit Clown, ZA Le Saussey - 50160 GUILBERVILLE - FRANCE".

Only products returned as a whole, in their original packaging complete and intact, and in perfect condition for resale will be taken back. Any product which will have been damaged, or whose original packaging will have been damaged, will not be refunded, taken back or exchanged. This right of retraction is exercised without penalty, except for shipping and return costs. In the event of the exercise of the right of withdrawal, the consumer has the choice to request either a refund of the sums paid or an exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer. In case of exercising the right of withdrawal, the company P'tit Clown will make every effort to reimburse the consumer within thirty days.

Rights of use

The use of the brands present on the site is strictly forbidden.

Force majeure

Neither of the parties will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous case of force majeure. Will be considered as a case of force majeure any irresistible fact or circumstance, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days of the date on which it becomes aware of them.

The two parties shall then, within three months, unless impossible due to force majeure, meet to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than one month, these general conditions may be terminated by the injured party. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.

Partial non validation

The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations under these general conditions of sale can not be interpreted for the future as a claim to the obligation in question.

No waiver

The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations under these general conditions of sale can not be interpreted for the future as a claim to the obligation in question.

Applicable law

The present general conditions are subject to French law. The same is true for the rules of substance as for the rules of form. In case of dispute or claim, the consumer will apply in priority to the SELLER to obtain an amicable solution.

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.

Litigation

Any order placed through the site www.ptitclown.com carries the customer's adherence, without any restriction, to the general conditions of sale of the company P'tit Clown. In case of sale to a legal entity, any dispute relating to the sale (price, GCS, products, ...) will be subject to French law before the Commercial Court of the headquarters of the company P'tit Clown.

Methods of payment

Payments are made either in cash by bank transfer or check or postal check, with 1% discount if paid within eight days, or by draft at 30 days from the date of the invoice to be returned signed for acceptance within eight days or by direct L.C.R. (without acceptance).

By express agreement and except in the case of postponement requested in time and granted by us, failure to pay our invoices on the due date will result in IMMEDIATE REQUIREMENT of all sums remaining due whatever the method of payment provided, a fixed indemnity of 40 € minimum for collection costs (in accordance with the law n°2012-387 of 22/03/12 and the decree n°2012-1115 of 02/10/2012), litigation costs (equivalent to 15% of the amount due) and damages (calculated on the basis of 1.5% of the sums due in addition to the conventional interest, as of the due date initially provided for and any legal costs).

In accordance with law 80.335 of 12 May 1980, ownership of the goods is reserved to the seller until full payment of the price.

FRANCO DE PORT (excluding confetti) :

Free shipping is granted for a minimum of :
600 € net tax free for the Channel and Calvados (except express port)
1000 € excl. tax net for other departments of metropolitan France and Belgium (except express port).
1800 € H.T. net for Luxembourg and Switzerland.
600 € H.T. net for orders on the www.ptitclown.com website.
For export, prices are "ex-works".
For the DOM TOM, the carriage paid is applicable up to the forwarding agent in France (in addition to a handling fee of 50 € HT).

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