terms and conditions
SALE TERMS AND CONDITIONS
The following terms and conditions define the contractual relations, rights and obligations arising between:
My Little Day, company headquartered at 27 rue Milton 75009 Paris, Siren: 520 763 186 – TVA# FR04520763186;
Hereinafter referred to as “the Seller”,
And
Any physically and morally able buyer wishing to purchase goods from My Little Day;
Hereinafter referred to as “the Buyer”.
1. Application of the General Terms and Conditions of Sale – Opposability
The current general terms and conditions of sale constitute the base of commercial negotiations, and are systematically addressed or presented to the Buyer, allowing him to place an order.
These conditions shall overrule the terms and conditions of purchase, unless there is a formal and written agreement from the Seller stating otherwise.
Any other conditions opposed by the Buyer will therefore be, unless accepted in advance, non-binding to the Seller, regardless of when they may have been brought to his attention.
Should the Seller not prevail himself at any given moment of any of these general terms and conditions of sale, this may not be interpreted as worth renunciation to exercise the right to any of the said conditions.
2. Orders
2.1 Validation of the order
To be valid, the order must specify the quantity of products sold, as well as the agreed price, the payment terms, and the place and date of delivery or collection.
The Seller will confirm the order with an email to the Buyer, which will specify the product prices, taxes and shipping costs. This email will thereafter be the referral document regarding the order.
The goods will only be made available once full payment of the order is received. Therefore, the Seller will not be held responsible if items become unavailable between the time of the order and the receipt of the payment.
Unless a special agreement has been made, the order confirmation entails the Buyer’s acceptance of the current conditions of sale with the Seller, the Buyer’s acknowledgement of these conditions and the renunciation of the right to his/her own buying conditions.
Every order has a minimum of 150.00 (one hundred and fifty) Euros, excluding taxes.
In the case of unavailability of goods, the Seller will send out orders on a first come, first served basis once the goods are back in stock.
The order is personal to the approved Buyer, and this cannot be changed without the approval of the Seller.
2.2 Changes to the order
Any changes or cancellation of orders as requested by the Buyer, which the Seller has the right to decline, shall not be taken into consideration unless the Seller has been informed in writing prior to the shipping of goods.
If the Seller does not accept the changes or cancellation requested, the advance payment received may only be redeemed with store credits.
2.3 Resale of products
Unless having received written consent from the Seller in advance, the Buyer agrees not to give or sell the products acquired from the Seller on online marketplaces, including but not limited to Amazon, eBay and Alibaba. Furthermore, the Buyer agrees not to propose the products on price comparison websites.
In the case of infringement of the aforementioned condition, the Seller may cancel without notice and formality any orders in process or not yet delivered.
3. Visuals
Only the detailed descriptions of the products are binding.
The information provided in the catalogue, or on any other commercial material, is only there as a guide to present the products and may be changed by the Seller at any time without notice.
The styled photos of the products are not binding and are not necessarily representative of the exact content and price of certain products.
4. Price
The product price will be the one in effect at the time the order is placed, charged in Euros and accounting for the VAT rate applicable on the day that the order is placed. Any changes in taxes will be applied to the price of products or services.
The applicable price is the one in effect on the day of delivery.
Unless specifically noted, all prices will be net, excluding shipping and taxes, based on the prices communicated to the Buyer.
Any taxes or payments to be made in accordance with French rules and regulations or any other importing country or transit country’s rules and regulations are the sole responsibility of the Buyer.
5. Delivery
5.1 Price
When delivered in France, delivery will be free of charge for every order over 400.00 (four hundred) Euros, excluding tax.
For Europe and the rest of the world, delivery will be charged upon estimate.
5.2 Terms
Delivery will be executed according to the method chosen at the time of the order; either directly to the Buyer, by collection, or by courier.
The Buyer must specify the delivery option and all related information at the time the order is placed.
In the case that the Buyer has a special request for a shipping method that is not offered by the Seller, it must be specified at the time of the order and the Buyer must then bear the cost of surcharges if necessary.
The Buyer is responsible for any surcharges incurred by incomplete or incorrect information regarding the address or the delivery terms. The Buyer is also liable for the surcharges incurred upon presentation of the supporting documents by the Seller.
5.3 Delivery times
Deliveries are handled according to availability and on a first come, first served basis. The Seller has the right to proceed to a global or partial delivery. Delivery times are 1 to 3 working days.
Delivery times are indicated as accurately as possible but depend on availability of stock and shipping.
As an indication, delivery times may be:
- 3 to 7 working days for France
- 5 to 15 working days for the European Union
- 7 to 21 days for the rest of the World, outside of the E.U.
The Seller is not responsible for any delays caused beyond their control.
Therefore, delivery delays may not result in damages, cancellation or suspension of orders in process.
However, if the product has not yet been delivered one and a half months after the indicated date of delivery, for any reason other than force majeure, the sale may be cancelled upon request of either party. The Buyer will then be eligible for a full reimbursement of payment, without any further damages or compensation.
Force majeure is defined as any unpredictable and uncontrollable occurrence that will release the Seller from his obligation to deliver, such as customs hold-ups, war, riots, fire, strikes, accidents or if the Seller himself is unable to receive goods.
The Seller will keep the buyer informed, in good time, of the aforementioned cases and events.
In any case, the delivery may only occur on time if the Buyer is in good standing of his obligations towards the Seller, whatever the cause may be.
5.4 Risks
Products travel at the Buyer’s own risk.
On receipt of the products, if there are any missing or damaged goods, it is the Buyer’s own responsibility to refuse or make note of it on the delivery slip, as well as in formal writing or by registered letter with recorded delivery, within 48 hours of delivery. The carrier and the Seller must be notified at the same time.
If the Buyer does not respect the aforementioned conditions, the Seller will not be held responsible for the damages done to the goods.
6. Reception
Without including the steps to be taken with the transporter, complaints of apparent defects or of inconsistency between the goods delivered and the goods ordered or on the shipping bill must be made in writing within eight days of the arrival of goods.
It is the responsibility of the Buyer to submit any justification regarding the accuracy of the defects or anomalies noticed. The Buyer must facilitate the Seller in ascertaining such defects in order to rectify the problem, and shall prevent from interfering himself or requesting a third party to interfere. For goods sold in packaging, original weights and measures will provide evidence of the quantities delivered.
7. Returns
7.1 Terms
Any returns must be formally approved in advance by both the Buyer and the Seller. The Seller has the right to refuse any unjustified return of a non-conforming or defective product. Any products returned without an agreement would be held at the disposition of the Buyer and would not provide the Buyer with a credit.
Fees and risks of returning goods shall always be the sole responsibility of the Buyer.
Any goods returned should be sent with the return slip fixed to the package and must be in the same condition that the Seller sent them in.
7.2 Consequences
Any returns approved by the Seller will provide the Buyer with a credit after the quantity and quality of the goods have been checked. If returns do not conform with the aforementioned terms, the Buyer will lose any payments made.
If the Seller ascertains, according to the terms aforementioned, that the products are indeed defect or non-conforming with the order placed, the Buyer may either choose from a free exchange or reimbursement, excluding any compensation or damages.
8. Warranty
8.1 Extent
The products are warranted against any material or manufacturing defect for a period of six months, starting from the date of delivery. Interferences with regards to the warranty shall not, in consequence, prolong its duration.
With regards to the warranty, the only obligation falling to the Seller will be, as he chooses, the free replacement of the element identified as defective, by his services, unless this method of compensation becomes disproportionate or impossible. To benefit from the warranty, every product must, beforehand, be submitted to the Seller’s customer service. The Seller’s approval is required for any replacement. Any potential shipping charges are the sole responsibility of the Buyer, who will not be able to claim any compensation should the product become immobilised while the warranty applies.
8.2 Exclusions
The warranty does not apply to visible defects.
Also excluded are defects and deteriorations caused by natural wear and tear or an external incident, or further so, caused by an unexpected modification of the product unknown to the Seller.
9. Billing
An invoice will be drawn up for each delivery and will be electronically available on the Buyer’s account as soon as payment is received.
10. Payment
10.1 Terms
Unless agreed otherwise, payments are to be made upon confirmation of the order and should be made by one of these methods:
- Only for buyers residing in France: by Bank or Certified Check sent to MY LITTLE DAY, 27 rue Milton, 75002 Paris.
- by Credit Card online
- by Bank Wire Transfer with the account details listed below:
Bank code: 30003 Agency code: 04325 Account number: 00020128645 RIB key: 24
IBAN: FR76 3000 3043 2500 0201 2864 524
BIC: SOGEFRPP
In the case of a derogatory agreement on a differed or term payment, the due payment at the agreed date constitutes a payment in the sense of the present article, and not the handing in of check, implying the obligation to pay.
10.2 Late or non-payment in the case of a differed payment consecutively upon a derogatory agreement
In the case of a late payment, the Seller may suspend any orders in process, without the prejudice of any other means of action.
In the case of any unpaid amount after the due date of the bill, the Seller has the full right to charge penalties up to three times the legal interest rate, any time from the day after the said bill due date.
These penalties shall be due upon request of the Seller.
In the case of non-payment, 48 hours after the official notice, the sale will be cancelled by the Seller, who will have the right, in provisional order, to claim the return of the products without any prejudice of other damages and compensation. The resolution will not only affect the current order but any other unpaid orders, whether they have been or are being delivered, and whether or not their payment is due.
The Buyer must reimburse all fees caused by the collection procedure, including counselors and legal officials.
Under no circumstances may payments be suspended or be subject to compensation without prior written approval of the Seller. Any partial payment will first be applied to the non-privileged part of the debt and then to the older due amounts.
The Seller shall not agree to any discount in the case of cash payment or payment prior to the date established in the conditions and terms of sale.
10.3 Payment and Guarantee requirements
The Seller has the right, at any time and according the risks incurred, to set an overdraft limit for each Buyer and to request certain payment terms or certain guarantees.
This shall be the case if a modification, a transfer, a rental, collateral, or input of funds from his business, has a negative effect on the credit of the Buyer.
11. Risks
The Buyer accepts all risks, even in the case of a free delivery sale, upon shipment from the Seller’s warehouse.
Therefore, goods travel at the Buyer’s own risk, whose responsibility it also is to make any reserve or to exercise any recourse with the responsible transporters, in the case of any losses, missing products or damages.
12. Ownership Clause
The transfer of product ownership to the Buyer is conditional on full payment to the Seller.
13. Jurisdiction - Dispute
In the case of a dispute concerning the interpretation or the execution of the current terms and conditions, the relevant jurisdiction is the Tribunal de Commerce de Nanterre.
This clause applies even in cases of provisional orders, incidental claims, plurality of defenders or guarantee appeal, regardless of the method or terms of payment, without the attributive clauses of jurisdiction potentially present on the Buyer’s documents being an obstacle to the implementing of the present clause.