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1.    GENERAL CLAUSE

 

These terms and conditions are entered into by MUSETTE & CO, referred to as "LA PETITE MUSETTE", 17, Rue du Château 50500 CARENTAN-LES-MARAIS, and persons wishing to make a purchase via the https://boutique.lapetitemusette.com website, referred to as the "Website". Any other document issued by LA PETITE MUSETTE, in particular catalogues, prospectuses, brochures or advertisements, are for information purposes only.
Customers are consumers. For the purposes hereof, only a natural person acting for private purposes or for purposes that do not fall within the scope of a commercial, industrial, artisanal or liberal activity is considered a "consumer".


The fact that one of the parties does not avail itself of one of the present conditions at a given time may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date. The cancellation of a clause in these general terms and conditions shall not affect the validity of the general terms and conditions as a whole.


The provisions of these general terms and conditions may not be modified by contrary provisions without the express written agreement of the parties.

 

2.   ORDER


The Customer shall place an order in accordance with the instructions given on the Site. The Customer undertakes to fill in the registration and order form in such a way as to ensure that the necessary information is complete and accurate. In any event, the Customer is responsible for the information entered on his/her registration form and when placing the order. In the event of an error, LA PETITE MUSETTE cannot be held responsible for any shortcomings or delays in the delivery of products and services.


The steps to complete the sale on the Site are as follows:

  •  The Customer selects his/her products by clicking on the "Add to basket" tab.
  •  The Customer confirms their order by clicking on the "Next" tab.
  •  The Customer identifies themselves by completing the form in the "Identify yourself" section, if they are not already registered.
  •  The Customer completes the required delivery address
  •  The Customer is informed of the delivery methods offered and their prices
  •  The Customer chooses their payment method and, if necessary, completes the information specific to the chosen payment method
  •  The Customer accesses the order summary page.
  •  The Customer chooses their payment method and is redirected to the payment page.
  •  The Customer pays on the secure site of LA PETITE MUSETTE financial partner.

Validation of the order by the Customer formalises in a firm and definitive manner the distance selling contract concluded with LA PETITE MUSETTE.


Once the order has been validated, the Customer can print a summary of their order, which they will also receive by email. This document must be kept, as it constitutes proof of the Customer's order and of the contract binding the parties.
In any event, LA PETITE MUSETTE reserves the right not to satisfy any Customer request that is exorbitant or derogatory to common law and its general terms and conditions, or in the event of an ongoing dispute with the Customer.

 

3. PRODUCTS


3.1 LA PETITE MUSETTE takes the utmost care in communicating information about the essential characteristics of the products and services, in particular by means of technical descriptions provided by its partners and suppliers and photographs illustrating the products. In any event, LA PETITE MUSETTE may not be held liable for any changes or errors in the description of the characteristics of the product purchased, unless the essential characteristics of the product or service are affected.


Given the specific nature of some of the products marketed, LA PETITE MUSETTE draws Customers' attention on its Website to their conditions of use, applicable regulations, authorisations, etc.


In any event, the Customer is solely responsible for the use of the products. Under these conditions, the Customer undertakes to use the products in accordance with the regulations in force and to comply with all of its legal obligations. LA PETITE MUSETTE may not under any circumstances be held liable for any defects or deterioration in the products delivered as a result of abnormal or non-compliant use subsequent to delivery of said products.

 

4 . PRICE / PAYMENT


Products are invoiced according to the price list in force on the Site on the day of sale. Product prices are indicated in euros and include all taxes for Consumer Customers, the VAT applicable being that in force at the time of invoicing.
The prices indicated do not include product delivery costs, which are invoiced in addition and clearly indicated before the order is validated.
LA PETITE MUSETTE reserves the right to modify its sales prices at any time.

However, no modification after the order has been placed may be applied.
Orders are payable in euros.
The price of products is indicated at the end of the online order, before it is validated. Payment on the Site may only be made by bank card (Visa, Carte Bleue, Mastercard), cheque or bank transfer.
The obligation to pay is fulfilled insofar as the bank payment centres concerned have given their agreement. In the event of refusal by the said centres, the order will be automatically cancelled and the Customer returned to the Site.

 

5.DELIVERY / RECEPTION

Products are delivered to the address given by the Customer on the order form, by post, by Mondial Relay or by private carrier at the Customer's express request.


Delivery times
The parcel is dispatched within 24 working hours of receipt of the Customer's payment. Delivery is made within 48 hours by Colissimo or within 5 to 7 days by Mondial Relay in mainland France. Product delivery times are given as an indication only, unless LA PETITE MUSETTE makes an express written commitment to firm dates and times. In the event of a foreseeable delay, LA PETITE MUSETTE will inform the Customer as soon as possible and provide an estimate of the additional delivery time.


LA PETITE MUSETTE may not be held responsible for any delay or failure to receive due to a case of force majeure - as stipulated in article 10 hereof - or to a fault on the part of the Customer.


In any event, in the event of failure to perform within 30 days of the conclusion of the contract, the Customer may give LA PETITE MUSETTE formal notice, by registered letter with acknowledgement of receipt, to perform the sale. Failing this, the consumer Customer may cancel the contract by registered letter with acknowledgement of receipt. The contract will be considered terminated upon receipt by LA PETITE MUSETTE of this letter, unless it has performed in the meantime; the sums paid by the Consumer Customer will then be reimbursed without interest or compensation at the latest within 14 days following the date on which the contract was terminated.


For reasons of availability, an order may be delivered to the Customer in several instalments. In this case, the Customer only pays for one delivery. If the Customer requires two delivery locations, he/she must place two orders, with the associated delivery charges.
Delivery/receipt arrangements


The Customer must personally take delivery of the products ordered. The Customer undertakes to sign the delivery note for the products.
It is the Customer's responsibility to check the condition of the products on the day they are received.

It is the Customer's responsibility to express any objections or reservations on the carrier's signed delivery note and to confirm them to the carrier by registered letter with acknowledgement of receipt within 48 hours of receipt of the products.

A copy of this letter must be sent to LA PETITE MUSETTE, and any anomaly must imperatively be reported by the Customer to LA PETITE MUSETTE under the conditions provided for in article 10 hereof.


Customs duties
Any order placed on the Site and delivered outside of France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. Any customs duties and taxes relating to the delivery of an item are your responsibility. We are not obliged to check and inform you of the customs duties and taxes applicable. To find out, we advise you to contact the relevant authorities in your country.

 

6.RIGHT OF WITHDRAWAL FOR CONSUMER CUSTOMERS


 Pursuant to article L. 121-21 of the Consumer Code, the Customer has a right of withdrawal of 14 clear days from the date of receipt of the products ordered, except for the purchase of certain goods or services, in particular, in accordance with the provisions of article L121-21-8 of the Consumer Code:
"The right of withdrawal may not be exercised for contracts: (...)
1° For the supply of services fully performed before the end of the withdrawal period and where performance has begun following the consumer's express prior agreement and express waiver of his right to withdraw ;
(...) 3° The supply of goods made to the consumer's specifications or clearly personalised. (...) "
To exercise his/her right of withdrawal for other products, the Customer must, within the period indicated above, send LA PETITE MUSETTE a registered letter with acknowledgement of receipt specifying his/her wish to exercise this right.

The Customer must return the products, to the address indicated in article 13 hereof, within 14 days of communicating his/her decision to withdraw, in perfect condition and in their original packaging, without any marks or marks, with all accessories (including instructions) and any gifts that may have been offered.
The product must be returned with a copy of the invoice. The Customer is solely responsible for the costs and risks of returning the products. If all of the conditions required for the return of products are not met, LA PETITE MUSETTE may deduct from the sums to be reimbursed, where applicable, a portion of the sale price corresponding to the sale price of the missing products, as well as the repair, replacement and/or restoration of any damaged products.
LA PETITE MUSETTE undertakes to reimburse the consumer Customer within 14 days of receipt of the registered letter stating the Customer's wish to withdraw.
Nevertheless, LA PETITE MUSETTE is entitled to defer this refund until the products have been effectively recovered.

 

Reimbursement will be made directly to the Customer's bank account, using the same methods as those used to pay for the products in question.

 

7 . LIABILITY AND GUARANTEES
 
LA PETITE MUSETTE is bound by the legal guarantees in force, namely the legal guarantee of conformity (articles L.211-4 et seq. of the French Consumer Code) and the legal guarantee of hidden defects provided for in articles 1641 et seq. of the French Civil Code.
 7.1. Without prejudice to any reservations made with the carrier, any claims regarding apparent defects or the non-conformity of the products delivered with the products ordered must be made by registered letter with acknowledgement of receipt addressed to LA PETITE MUSETTE within 5 days of receipt of the products or as soon as possible upon discovery of a hidden defect. It is the Customer's responsibility to provide any justification as to the reality of the defects or anomalies observed. They must allow LA PETITE MUSETTE every opportunity to proceed with the observation of these defects or anomalies. Any product return must be expressly agreed to by LA PETITE MUSETTE and will result in a credit note being issued in favour of the Customer after qualitative and quantitative verification of the returned products. The costs and risks of the return remain the responsibility of the Customer.

 

7.2. When LA PETITE MUSETTE's liability is incurred as a result of a fault on its part, compensation only applies to direct, personal and certain damages that the Customer has suffered, to the express exclusion of compensation for all indirect and immaterial damages and/or prejudices, such as financial prejudice, damage to image, etc. The amount of damages that LA PETITE MUSETTE may be required to pay to the Customer under the aforementioned conditions is in any event limited to the amount of the order for the products or services in question.
In any case, LA PETITE MUSETTE declines all responsibility for the following in particular:

  •  Normal wear and tear of its products;
  •  Use that does not comply with the use for which the product is intended.
  •  Damage or accidents resulting from negligence, poor supervision or maintenance, or improper use;
  •  Damage resulting from modifications, incorporations or repairs to the product;
  •  Damage resulting from failure to comply with the recommendations for use of the products mentioned in the product description and/or the specific regulations relating to the products sold.
  •  Malicious acts by the Customer or third parties.

 

7.3 : LA PETITE MUSETTE shall not be held liable for any damage, temporary or permanent, caused to the Customer's computer system, or for any loss or damage suffered as a result of accessing or browsing the Site.

    
The transmission of data via the Internet may result in errors and/or the Site not always being available. Consequently, LA PETITE MUSETTE cannot be held responsible for the availability or interruption of the online service.

 

8.FORCE MAJEURE


In the event of a force majeure event preventing LA PETITE MUSETTE from fulfilling its obligations, the contract will be immediately suspended, as of the notification made by LA PETITE MUSETTE to the Customer, given by any means. In the same way, LA PETITE MUSETTE will inform the Customer of the cessation of this event, and performance of the contract will then resume immediately on the date of this notification.
If such an event continues for more than 1 month after the notification date, the contract will be considered terminated as of right. Any sums received by LA PETITE MUSETTE prior to this date will then be reimbursed to the Customer.

 

9. INTELLECTUAL PROPERTY / INFORMATION TECHNOLOGY AND CIVIL LIBERTIES


The entire content of the Site or of any advertising material (illustrations, texts, wordings, trademarks, images, videos) is the property of LA PETITE MUSETTE or is used with the authorisation of the holders of the rights in question. Any reproduction in whole or in part, as well as the creation of hypertext links, is prohibited, unless LA PETITE MUSETTE gives its express prior authorisation.


LA PETITE MUSETTE collects, records, changes, uses and transmits the Customer's personal data for the purposes of fulfilling orders placed, Customer relations, Customer advice and services, as well as for the preservation of LA PETITE MUSETTE's business interests, in particular for the purposes of preserving evidence. To the extent necessary for the performance of LA PETITE MUSETTE's obligations, LA PETITE MUSETTE may transmit personal information to third parties, such as the carrier.


The Customer has the right to access, modify, rectify and delete data concerning him/her in accordance with the French law "Informatique et Libertés" N°78-17 of 6 January 1978. To exercise this right, the Customer simply needs to contact LA PETITE MUSETTE using the contact information provided in Article 13 herein.

 

Customers may in any event object to the use of their personal data. The use of personal information for other purposes will only be possible with the Customer's consent.
The LA PETITE MUSETTE database is registered with the CNIL.
 
10. APPLICABLE LAW - STATUTE OF LIMITATIONS – JURISDICTION


The parties agree that these conditions and their consequences are subject to French law. The language of these terms and conditions and of relations between the parties is French.
The consumer Customer is informed of the possibility of having recourse, in the event of a dispute, to a conventional mediation procedure or to any other alternative dispute resolution method. If no amicable solution is found within 15 days, the parties will be free to bring the dispute before the competent courts.

 

11. COMPULSORY INFORMATION FOR CONSUMER CUSTOMERS


Pursuant to article L.211-15 of the French Consumer Code, articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced below, provisions of which the Customer expressly acknowledges having read prior to ordering.


Article L.211-4 of the French Consumer Code:


The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L.211-5 of the French Consumer Code:
To comply with the contract, the goods must:

Be fit for the purpose normally expected of similar goods and, where applicable :
- 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;
- have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L. 211-16 of the Consumer Code:
When the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if this is subsequent to the request for service.
Article L.211-12 of the French Consumer Code:
Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code:
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 of the French Civil Code:
Actions arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

 

12. CONTACT


Seller identification: Musette & Co - 17 Rue du Château - 50500 CARENTAN-LES-MARAIS
Company capital: € 60,000.00
SIRET number: 829 388 636 00013 (RCS Caen)
Intracommunity VAT number: FR 05829388636
For any questions or complaints relating to the products and services, their order, their personal data, the right of retraction, the application of the product guarantee, the Customer may contact LA PETITE MUSETTE at the following address:
Postal address: LA PETITE MUSETTE SAV, 17 Rue du Château - 50500CARENTAN-LES-MARAIS.
Website: https://www.lapetitemusette.com/contact/
E-mail address: contact [at]lapetitemusette.fr or use the contact form
Telephone number: 02.33.20.80.93
Host : OVH - 2 rue Kellermann - 59100 Roubaix - France

SARL MUSETTE & CO
17, Rue du Château
50500 CARENTAN-LES-MARAIS


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