Terms and Conditions of Sale

By visiting our site and/or purchasing something from it, you engage in our Services and agree to be bound by the following terms of use, including the additional policies and conditions referenced herein and/or accessible by hyperlink. These terms of use are applicable to all users of the site, namely, without limitation: visitors, suppliers, customers, merchants, and/or content contributors.

Please read these terms of use before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of use. If you do not agree to all the terms and conditions of this agreement, you are not authorized to access our website or use our services. If these terms of use are considered an offer, the agreement is expressly limited to these terms of use.

Any new tools or features added to the current store are also subject to the terms of use. You can consult the most recent version of these terms at any time on this page. We reserve the right to update, modify or replace any part of these terms of use by posting such updates and/or modifications on our site. It is your responsibility to check this page regularly for this purpose. Your continued use of or access to the site after the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services.

SECTION 1 – ONLINE STORE TERMS

By accepting these terms of use, you declare that you have either reached or exceeded the age of majority in your state or province of residence, or that you are of legal age in your state or province of residence and that you give us your consent authorizing any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose and you may not, in any way, while using our services, violate the laws of your jurisdiction (including, but not limited to, copyright laws).
You are prohibited from transmitting viruses, worms, or any destructive code.
An infringement or violation of any of these conditions will result in the immediate termination of our services to you.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse our services to anyone at any time for any reason.
You understand that your data (excluding credit card information) may be transferred unencrypted and result in (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of networks or devices. Your credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our services, the use of our services, access to our services, or any contact on the site through which our services are provided, without our express written permission.
The sections established in this agreement are included for convenience only and shall not limit or affect these conditions.

SECTION 3 – WARRANTY AND LIABILITY

The Operator cannot be held responsible for the non-performance of the contract due to the Client or due to an event qualified as force majeure by the competent courts or due to the unpredictable and insurmountable act of any third party hereto.

The Operator cannot be held responsible for information imported, stored and/or published on the Site by Clients. The Operator cannot be held responsible for any information published by a Client on the Site and for direct or indirect damages that this use could cause to a third party, the Client who initiated the publication remaining solely responsible in this regard.

The Client acknowledges that the characteristics and constraints of the Internet do not allow guaranteeing the security, availability and integrity of data transmissions on the Internet.
Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error.
In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to evolve their content and/or presentation.

The Operator cannot be held responsible for the use that would be made of the Site and its services by the Clients in violation of these General Conditions and for the direct or indirect damages that this use could cause to a Client or a third party.
In particular, the Operator cannot be held responsible for false statements made by a Client and for their behavior towards third parties. In the event that the Operator's liability is sought due to such behavior by one of its Clients, the latter undertakes to indemnify the Operator against any judgment rendered against it and to reimburse the Operator for all costs, including legal fees, incurred for its defense.

The Client is solely responsible for all content they upload to the Site, for which they expressly declare to have all rights, and in this respect guarantees the Operator that they do not upload content that violates third-party rights, particularly intellectual property rights, or constitutes an attack on persons (notably defamation, insults, abuse, etc.), on privacy, an attack on public order and morality (notably, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.).
In case of violation of applicable laws, public morality or these General Conditions, the Operator may automatically exclude Clients who have committed such offenses and delete information and links to such contentious content. The Operator is qualified as a host for content uploaded by third parties.
In this respect, it is recalled that the Operator has no general obligation to monitor content transmitted or stored via the Site.
In the event that the Operator's liability is sought due to content uploaded by the Client, the latter undertakes to indemnify the Operator against any judgment rendered against it and to reimburse the Operator for all costs, including legal fees, incurred for its defense.

Regardless of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in articles L. 217-4 et seq. of the Consumer Code (notably L. 217-4 to L. 217-14 of the Consumer Code), and the warranty against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal warranty of conformity:
– you have a period of two (2) years from the delivery of the goods to act:
– you can choose between repair or replacement of the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
– you are exempt from providing proof of the existence of the defect of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except for second-hand goods).

You can decide to implement the warranty against hidden defects of the sold item within the meaning of article 1641 of the Civil Code. In this case, you can choose between rescission of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, of article 1641, 1644 and the first paragraph of article 1648 of the Civil Code, as in force on the date of these General Conditions:
Art. L.217-4 of the Consumer Code: “The seller delivers goods that conform to the contract and is liable for any conformity defects existing at the time of delivery. The seller is also liable for conformity defects resulting from the packaging, assembly instructions, or installation when the latter was carried out by the seller or under their responsibility.”
Art. L.217-5 of the Consumer Code: “The goods are in conformity with the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: – if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; – if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, notably in advertising or labeling; 2° Or if they present the characteristics defined by mutual agreement by the parties or are suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
Art. L.217-7 of the Consumer Code: “Conformity defects that appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged conformity defect.”
Art. L.217-9 of the Consumer Code: “In the event of a conformity defect, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other modality, taking into account the value of the goods or the importance of the defect. The seller is then obliged to proceed, unless impossible, according to the modality not chosen by the buyer.”
Art. L.217-12 of the Consumer Code: “The action resulting from the conformity defect lapses two years from the delivery of the goods.”
Art. 1641 of the Civil Code: “The seller is bound by a warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lesser price for it, had they known of them.”
Art. 1644 of the Civil Code: “In the cases of articles 1641 and 1643, the buyer has the choice to return the thing and have the price refunded, or to keep the thing and have a part of the price refunded.”
Art. 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory vices must be brought by the acquirer within two years of the discovery of the vice.” It is recalled that the search for amicable solutions prior to any legal action does not interrupt the deadlines for action of legal guarantees or the duration of any possible contractual guarantee.

SECTION 4 – PRICE AND SERVICE MODIFICATIONS

The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue our services (or any part or content thereof) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of services whatsoever.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our return policy.
We make every effort to display as accurately as possible the colors and images of the products appearing in our store. We cannot guarantee that the display of colors on your computer or mobile screen will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services that we offer. All product prices or descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right at any time to discontinue the sale of any product. Any offer of product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained will meet your expectations, or that any errors in our services will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please see our Return Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send specific submissions at our request (e.g., for contest entries) or, on your own initiative, ideas, suggestions, proposals, projects, or other content, whether online, by email, by mail, or by any other means (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, or otherwise use the comments in question. We are not and will not be obligated (1) to keep these comments confidential; (2) to pay compensation for said comments; or (3) to respond to them.
We are able, but have no obligation, to monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, in violation of any party's intellectual property, or of these Terms of Use.
You agree that your comments will not violate any rights of third parties, including copyrights, privacy rights, personality rights, or any other personal or proprietary rights. You also agree that your comments will not, under any circumstances, contain defamatory or illegal, abusive, or obscene material, nor computer viruses or other malware that could in any way affect the operation of our services or any linked website. You are not authorized to use a false email address, impersonate anyone other than yourself, or otherwise mislead our services or third parties as to the origin of any comment. You are solely responsible for the comments you leave and their accuracy. We disclaim all responsibility for these comments, whether yours or those of a third party.

SECTION 10 – PERSONAL INFORMATION

The submission of your personal information to our store is governed by our Privacy Policy. For more details, please refer to our Privacy Policy.

SECTION 11 – RIGHT OF WITHDRAWAL

In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the customer benefits from a period of fourteen (14) clear days to exercise their right of withdrawal without having to justify reasons or pay penalties.

The fourteen (14) day period runs from the day of delivery of the ordered product.

The product must imperatively be returned within a period not exceeding fourteen (14) days, properly protected, in its original packaging, in perfect resalable condition (neither damaged, nor impaired, nor soiled by the customer) accompanied by the untorn labels.

To exercise the right of withdrawal, the customer must notify Petit Vadrouilleur of their decision to withdraw before the expiration of the above period, by means of an unambiguous declaration (for example, email).

The customer can use the withdrawal form template below, but it is not mandatory:

WITHDRAWAL/RETURN FORM (to be sent)

To be sent to Petit Vadrouilleur by email at contact@petitvadrouilleur.com

—————————————-

I hereby notify you of my withdrawal from the contract for the sale of the following goods:

Ordered on:

Received on:

Order number:

Customer's full name:

Customer's address:

Date:

Customer's signature:

—————————————-

The Product must be returned in its original packaging and must not have been used.

Parcels for which no attached element allows the sender to be identified (order number, name, surname, address) cannot be returned.

We inform you that the right of withdrawal does not apply to our training pants. Indeed, according to Article L221-28 of the Consumer Code, underwear cannot be returned.

Petit Vadrouilleur will credit the customer within 14 (fourteen) days for the amount of the returned item(s).

Return cost: 30-50€

Please note that a package not collected from a relay point or a refused package is not considered a withdrawal or a return.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions set forth in these Terms of Use, you are prohibited from using our site or its content: (A) for any unlawful purpose; (B) to solicit others to perform or participate in any unlawful acts; (C) to violate any provincial or state regulations, rules, laws, or local, federal, or international ordinances; (D) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (E) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (F) to submit false or misleading information; (G) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our services, any linked website, other websites, or the Internet; (H) to collect or track the personal information of others; (I) to spam, phish, pharm, pretext, spider, crawl, or scrape; (J) for any obscene or immoral purpose; or (K) to interfere with or circumvent the security features of our services or any linked website, other websites, or the Internet. We reserve the right to terminate your use of our services or any linked website for violating any of these prohibited uses.

SECTION 13 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Petit Vadrouilleur and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 – MEDIATION SERVICE

For any complaint relating to your order of a Product sold and shipped by Petit Vadrouilleur, please contact us by phone at 07.56.92.47.21 (Non-surcharged call in mainland France), by email at contact@petitvadrouilleur.com or by mail Petit Vadrouilleur - 66 Avenue des Champs-Élysées - 75008 - PARIS

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Petit Vadrouilleur adheres to the E-commerce Mediation Service of SAS Médiation Solution whose contact details are as follows:

- In writing to: Sas Médiation Solution - 222 chemin de la bergerie 01800
Saint Jean de Niost
- By email to: contact@sasmediationsolution-conso.fr
- By filling out the online form titled "Saisir le médiateur" (Refer to the mediator)
on the website https://www.sasmediationsolution-conso.fr

After consumers have made a prior written approach to Petit Vadrouilleur, the Mediation Service can be contacted for any consumer dispute whose resolution has not been successful.

You can also submit your complaint on the online dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer your complaint to the competent national mediators.

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 18 – LAW

These General Terms and Conditions are governed, interpreted and applied in accordance with French law.

SECTION 19 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

The brand Petit Vadrouilleur belongs to EI SALEZ Amélie, whose registered office is at 66 Avenue des Champs-Élysées - 75008 - PARIS

Questions about the Terms and Conditions of Sale and Use should be sent to us at contact@petitvadrouilleur.com