GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1: PURPOSE – DEFINITIONS
These general terms and conditions of sale (hereinafter the “General Terms and Conditions”) stipulate the rights and obligations of the company JAUNE CITRON, SARL, with a capital of €2000, located at 13 rue Molière, 75001 Paris, registered with the RCS of Créteil under the number 509539003, exploiting the POPPIK brand, (hereinafter “POPPIK”) and of customers visiting the POPPIK site at the address www.poppik.com (hereinafter the “Site”) and proceeding to purchase products published under the POPPIK brand.
For the purposes hereof, the following terms shall have the meanings defined below:
“Customer”: Refers to any individual or legal entity that has purchased one or more Products.
“Products”: Refers to the products published under the POPPIK brand name available for purchase on the Site.
ARTICLE 2: CREATION OF AN ACCOUNT – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
When purchasing a Product, the Customer registers on the Site and opens an account in his name. The creation of an account is open to any individual over 18 years of age and to any legal entity, and implies full and complete acceptance of these Terms and Conditions, which are made available to him/her at the time of purchase. If the Customer is a minor, he must provide parental permission to register. The Customer may print or save these Terms and Conditions. POPPIK reserves the right to modify these Terms and Conditions at any time. In such a case, the new applicable terms and conditions will be published on the Site. When creating his account, the Customer must provide all the information identified as mandatory. It undertakes to provide accurate information and to update it regularly. These informations remains confidential. Any natural person may open only one account in his or her name. The account is personal and cannot be transferred to a third party. The Customer is responsible for the confidentiality of his login and password. In the event of the loss or discovery of an intrusion into the Customer’s account, the Customer must immediately change his/her password or follow the security procedure proposed by POPPIK in order to recover his/her login or password. Any Customer remains free to close his account at any time. Any serious breach by a Client of any of its commitments hereunder, which is not remedied within fifteen (15) days from receipt of a registered letter with acknowledgement of receipt or an email with acknowledgement of receipt from POPPIK, entitles POPPIK to suspend or revoke the account of the Client concerned, depending on the seriousness of the facts. The letter or email will specify the facts complained of. In the event of revocation, any access by the Customer to his account will become impossible, without prejudice to any other damages that POPPIK may claim. In the event of a manifestly unlawful disturbance or infringement, the time limit for remedying the breach may be shorter.
ARTICLE 3: ORDER – RIGHT OF RETRACTION
The Customer may proceed on the Site with any order and purchase of Products of his choice. The order is deemed to have been placed when the Customer has validated his acceptance of the purchase by expressly accepting the General Terms and Conditions at the time of purchase and by paying the full price to POPPIK by the means made available to him on the Site. In any event, the General Conditions applicable to a purchase of Product by the Customer are those in force at the time of validation of the payment by the Customer. In accordance with the law, the Customer who has the status of consumer benefits, within fourteen (14) days following receipt of the Product, from the right of withdrawal without giving any reason to POPPIK, except in the case where the Product supplied is one of the exceptions listed in article L121-21-8 of the Consumer Code. The right of withdrawal is to be exercised by sending an email to firstname.lastname@example.org. Once this right has been exercised, the Customer will receive a refund of the price paid for the Product concerned. This refund does not cover the cost of returning the Product, which remains the responsibility of the Customer. When returning the Product to POPPIK, the Customer must use the original packaging of the Product. The Product must be returned in its original condition, must be complete, accompanied by the original invoice and sent to the address shown on the invoice. The return of the Product must be made within fourteen (14) days following the date of exercise of the right of withdrawal. In the event that the above process is respected by the Customer, POPPIK will proceed to reimbursement by the same means of payment as that originally used by the Customer. This reimbursement will take place no later than fourteen (14) days following the exercise of the right of withdrawal, but may be postponed until the first of the following dates: (i) the date of receipt of the conforming Product, or (ii) the date of receipt of the proof of return by the Customer. In the event that the Product is returned incomplete or has defects due to the Customer, POPPIK will reduce the amount of the refund and will inform the Customer accordingly.
ARTICLE 4: PRICES
The prices applied per Product are indicated in euros, all taxes included, on the Site. POPPIK reserves the right to modify prices at any time in accordance with applicable legislation.
ARTICLE 5: DELIVERY
Delivery charges are in addition to the prices appearing on the Site and are determined according to the Customer’s choice of delivery. If the delivery requires an appointment to be made between the carrier and the Customer, the carrier is responsible for contacting the Customer directly to arrange the appointment. In accordance with the legal provisions, the delivery date indicated during the validation of the order is the maximum date on which delivery must take place. In the event of a delay in delivery of more than seven (7) days with respect to this date, the Customer benefits from the possibility of cancelling the order within sixty (60) working days, in accordance with the legal provisions. In such a case, if the Customer has not received the Product at the time of cancellation, POPPIK will refund the Customer the price paid for the Product concerned. On the other hand, if the Customer has received the Product after having made the cancellation, POPPIK will reimburse the Customer for the Product and will bear the return costs, within fourteen (14) days following receipt by the latter of the Product returned by the Customer, and provided that the Product is in its original condition.
Any delay in delivery due to the unavailability of the Customer to receive the Product at the address indicated at the time of the order cannot be considered to be attributable to POPPIK or the carrier. Consequently, no order cancellation can be claimed by the Customer in such a case.
ARTICLE 6 : Obligations of the CUSTOMER and liability
In the use of the Site, the Customer undertakes, if he indicates comments or notes on the Products or on POPPIK, to ensure that the latter :
- are in accordance with public order or morality,
- not be insulting, abusive, outrageous, denigrating, untruthful or slanderous to any person,
- do not include any racist, xenophobic, negationist drift, inciting discrimination, hatred or violence against a person or a group of persons because of their origin, their sex, their family situation, their physical appearance, their surname, their state of health, their disability, genetic characteristics, morals, real or supposed sexual orientation, age, political opinions, trade union activities, real or supposed membership in a particular ethnic group, nation, race or religion, Translated with www.DeepL.com/Translator (free version)
- more generally, comply with the legal and regulatory provisions in force.
It is the Customer’s responsibility to ensure that its equipment and internet connection are sufficient to access the Site. Each Customer remains responsible at all times for the use of his or her account, login and password, as well as for any comments posted and ratings given. The Customer will be required to compensate POPPIK for all material or immaterial consequences resulting from its violation of these Terms and Conditions. In the event of an action or claim by a third party against POPPIK, POPPIK may therefore call as a guarantee any Customer who, by violating the commitments of these General Terms and Conditions, would be at the origin of the facts reproached by said third party to POPPIK.
ARTICLE 7: POPPIK’s Obligations and Liability
POPPIK may not be held liable for any unavailability of the Site due to technical hazards linked to the Internet, to a case of force majeure, relating to the Customer’s Internet connection or its equipment, or to maintenance operations necessary for the proper functioning of the Site. POPPIK reserves the right to interrupt access to the Site at any time, particularly in order to preserve the confidentiality or integrity of the Clients’ accounts in the event of a virus attack. POPPIK implements the technical means at its disposal to maintain as far as possible the integrity and security of the Site and the confidentiality of Customers’ personal data. POPPIK may not be held liable for any damage resulting from an intrusion or fraudulent maintenance by a third party on a Customer’s account or on the Site, or from the illicit extraction of data, despite the implementation by POPPIK of security measures in accordance with current technical data. POPPIK cannot be held liable if a Product is no longer available on the Site due to a lack of sufficient stock: in such a case the Customer will not be able to proceed with the purchase and the payment function will be blocked.
ARTICLE 8: LIABILITY – WARRANTY
The Products marketed by POPPIK conform to their description as it appears on the Site, to French legislation and to the standards applicable on the territory of France. Consequently, POPPIK cannot be held liable in any way in the event of non-compliance or non-compliance with the standards, regulations or legislation of any country other than France. It is up to the Customer to make sure with the authorities of his country that he has the right to proceed with the purchase of the Product concerned and to have it delivered in his country if necessary. In particular, it is the Customer’s responsibility to ensure that the Product is suitable for the child for whom it is intended, according to his/her age.
Legal guarantee: In the event of delivery of a Product that is defective (hidden defect) or does not correspond to the order, POPPIK will reimburse the price of the Product concerned or exchange it, according to the Customer’s wishes, subject to the Customer’s compliance with the legal deadline. In the event of a refund, the Product must first be returned to POPPIK in the condition in which the Customer received it.
Contractual guarantee: No guarantee other than the legal guarantee is offered by POPPIK. Consequently, are not guaranteed, without this list being exhaustive, Products that are defective due to a use that does not comply with the Product’s instructions or the use for which they were intended.
When the Customer wishes to benefit from the legal warranty, he/she should contact POPPIK’s customer service department at the following address and present the invoice for the purchase of the Product:
Poppik, at Jaune Citron
56B rue Pierre Brossolette
ARTICLE 9: Personal data – COOKIES
Article 10 : OTHER
In general, if one or more stipulations of the General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. The Parties then agree to replace the clause declared null and void by a clause that comes closest in content to the clause initially agreed upon. The same principles will apply in the case of incomplete provisions. The provisions of these Terms and Conditions express the entire agreement between the Parties.
Article 11: Applicable Law – Jurisdiction
The General Terms and Conditions shall be interpreted, executed and governed by French law. In the event of difficulties relating to the validity, interpretation, performance or non-performance hereof, and in the absence of an amicable settlement within thirty (30) days following the occurrence of the dispute, the Parties agree to submit their dispute to the exclusive jurisdiction of the competent court within the jurisdiction of the Court of Appeal of Lyon. In accordance with the European regulation n°524/2013, any Client may also use the European online dispute resolution platform at any time: webgate.ec.europa.eu