General Terms and Conditions

TERMS OF SALES

These general conditions of sale (hereinafter the “General Conditions of Sale) apply, without restriction or reservation, to all sales concluded by the company LITTLE CABARI – simplified joint stock company with capital of €43,000 including the head office is located at 6 rue Chabanais – 75002 Paris (FRANCE) and registered in the Paris Trade and Companies Register under number 793 285 941 (hereinafter “LITTLE CABARI”) – with private individuals acting for personal purposes (hereinafter the “Customer(s)”), wishing to acquire the products offered for sale by LITTLE CABARI on the website www.littlecabari.com (hereinafter the “Site”).

The Customer declares and guarantees to act as a final consumer of the products he orders.

The General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

Prior to any transaction, the Customer acknowledges having read the General Conditions of Sale, as appearing in full below.

Any order placed via the Site by the Customer constitutes full, complete, definitive and unreserved acceptance by the Customer of the General Conditions of Sale which take precedence over any other document.

The General Conditions of Sale can be read directly on the Site, they can also be sent by email upon simple request from the Customer.

LITTLE CABARI reserves the right to modify the General Conditions of Sale at any time. The applicable conditions are those in force on the Site at the time the order is placed by the Customer.

As the General Conditions of Sale may be modified at any time and without notice, Customers are invited to consult them regularly and in particular before placing any order.

If any provision of the General Conditions of Sale is deemed invalid by a competent court, the invalidity of this provision will not affect the validity of the other provisions hereof.

No waiver of one of the provisions of the General Conditions of Sale can be considered as a definitive waiver of this provision or of other provisions of the General Conditions of Sale.

I. PRODUCTS

The items offered for sale are those which appear in the catalog published on the Site (hereinafter the “Product(s)”).

Each Product has its own packaging methods, prices and delivery times.

Each Product is detailed by a technical sheet visible on the Site. This technical sheet describes in particular the essential characteristics of the Product.

It is up to the Customer to read this information before placing an order.

The photographs and graphics presented on the Site are of an indicative nature. They are not contractual and cannot engage the liability of LITTLE CABARI.

However, the differences that may exist between the Products and their illustration may only be insignificant differences and are not likely to call into question the essential characteristics of the Products purchased by the Customer.

Product offers are valid as long as they are visible on the Site, within the limits of available stocks as specified when placing the order.

II. ORDERS

It is possible to order the Products on the Site online.

By placing an order on the Site, the Customer declares and guarantees to LITTLE CABARI that he is over 18 years old and has the legal capacity to conclude contracts.

To place an order, the Customer can first register on the Site by creating an account containing the Customer's information. The customer is required to ensure the accuracy and completeness of the data he provides and to update his personal information.

The Customer must then follow the online purchasing procedure set up by LITTLE CABARI leading to the validation of the order.

He can select as many Products as he wishes, within the limits of the normal needs of a consumer, by clicking on “Add to cart”. The Customer can freely modify his basket before validation of the order.

To validate the order, the Customer must click on “Buy now” or after adding one or more items to the basket, click on “Order” and check the box “I have read and accept the General Conditions of Sale”. By this act, the Customer acknowledges having read and understood the General Conditions of Sale and expressly accepts them, without restriction or reservation.

The Customer must then identify themselves to be able to select their payment method. There are two payment methods: payment by credit card and payment by Paypal account.

A summary of the order is then presented to the Customer, including information relating to the Products, prices and delivery terms. An order number is assigned to the Customer.

In order to be validated, the order must include all the required information, including the Customer's email address, delivery address and be paid in full.

LITTLE CABARI reserves the right not to follow up on an order, particularly in the event of information coming from the banking organization in charge of managing the payment of the order stating the impossibility of implementing the method of payment. payment withheld for payment of the order or in the event of orders exceeding, by their content and/or frequency, the needs of an individual and more generally in the event of an abnormal order or in bad faith.

The sale will only be considered final when LITTLE CABARI has confirmed to the Customer by email the acceptance and validation of their order and after receipt of the full amount thereof. To this end, the Customer formally accepts the use of email for confirmation by LITTLE CABARI of the content of his order.

The order is considered to have been placed on the date the order is validated by the Customer (excluding weekends and public holidays, in which case the order will be considered to have been placed on the first working day following the weekend or public holiday). The deadlines indicated on the Site only run from validation of the order by LITTLE CABARI by email (excluding weekends and public holidays, in which case the order will be considered as placed on the first working day following the weekend or public holiday).

The Customer receives the invoice upon confirmation of the order to the billing email address indicated. LITTLE CABARI keeps an electronic copy of each invoice.

III. PRODUCT PRICES

The price of each Product appearing on the Site is that in effect on the day of the order. Prices are indicated in euros and include the value added tax (VAT) applicable in France or that applicable in the country of delivery located in the European Union.

No additional costs are charged to the Customer with the exception of delivery costs. Delivery costs vary depending on the delivery address and the number of Products purchased.

The amount of the Customer's contribution to delivery costs is specified on the order summary before accessing the payment platform.

LITTLE CABARI reserves the right to change the price of some or all of the Products at any time, particularly in the event of sales, Product launches or special promotions.

In the event of delivery outside the European Union, customs fees and other taxes must be paid by the Customer directly to the carrier.

IV. PAYMENT TERMS

Payment is due in full upon ordering.

Payment for purchases is made either via Paypal (https://www.paypal.com), or by credit card (Visa, Mastercard, Amex) via the secure payment platform of the payment provider STRIPE ( https:// www.stripe.com ).

LITTLE CABARI does not have access to its Customers' payment data which is directly transmitted to STRIPE or Paypal.

V. DELIVERY OF PURCHASED PRODUCTS – RECEIPT PROCEDURE

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Delivery takes place, depending on the Products purchased and the Customer's choice, either by collection of the Products at the collection center (LITTLE CABARI Showroom located 6 rue Chabanais – 75002 Paris), or by receipt of the Products at the postal address indicated by the Customer when ordering.

It is specified that the delivery address (which may be different from the billing address) must be accurate and include all the details necessary for proper delivery. It is the Customer's responsibility to ensure the accessibility conditions of the delivery location and to inform LITTLE CABARI.

If delivery cannot be made for reasons of accessibility, LITTLE CABARI cannot be held responsible. An error in the delivery address, or any other problem resulting in the need to re-deliver, will be subject to invoicing at the actual costs of the new delivery, the payment of these additional costs conditioning the new delivery.

Delivery times and rates are specific to each Product, depending on available stock, and are specified at the time of validation of the order.

The delivery times mentioned on the Site are given as an indication and depend in particular on the availability of the Products and the order of arrival of the orders. A delivery delay of thirty (30) days at most cannot give rise to any compensation or penalty, nor constitute a cause for cancellation of the order by the Customer.

If the delivery time is exceeded by more than thirty (30) days and as long as delivery of the Product is not effective, the Customer may request the cancellation of the sale and obtain within fourteen (14) days of its request, reimbursement of the sums paid when ordering. LITTLE CABARI cannot be held responsible for the damaging consequences resulting from a delay in delivery, only reimbursement of the Product by LITTLE CABARI being possible to the exclusion of any other form of compensation.

The amount of the Customer's contribution to delivery costs is specified on the invoice given to the Customer.

By express agreement, the actual delivery of the Products purchased to the delivery address will constitute receipt of said Products by the Customer (hereinafter “Receipt”).

VI . TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS

LITTLE CABARI retains ownership of the Products purchased until full payment by the Customer of the price of these Products and delivery costs.

The Customer is prohibited from disposing of the Products, reselling them or transforming them until full payment of the price to LITTLE CABARI.

When LITTLE CABARI takes care of the delivery of the Product, the risks of loss or deterioration of the Product are transferred to the Customer at the time of Receipt. On the other hand, when the Customer is responsible for the delivery of the Product, the risks are transferred to the Customer when the Product is handed over to the carrier.

VII. CONDITIONING

The Products are packaged in such a way as to comply with current transport standards, and to ensure optimal protection of the Products during their delivery. The Customer is asked to respect these same standards when returning a Product of any kind. Any damage noted to a Product upon return due to a packaging problem not respected may result in a partial refund or non-reimbursement of the Product if it is impossible to resell it as is.

VIII. OPTION OF WITHDRAWAL

In accordance with article L.221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from Receipt of the Products to exercise his right of withdrawal from LITTLE CABARI, allowing him to Cancel your order partially or completely.

The Customer informs LITTLE CABARI of his decision to withdraw by using and sending the model withdrawal form appearing in Appendix 1 of the General Conditions of Sale and available here: withdrawal form , by post to the address of the head office of LITTLE CABARI: 6 rue Chabanais – 75002 PARIS or by email to the following address: info@littlecabari.com , before the expiry of the aforementioned deadline.

In the event of withdrawal, the Customer bears the costs of returning the Product(s).

The right of withdrawal cannot be exercised for orders for Products:

- tailor-made, made at the Customer's request or clearly personalized;

- which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection (for example: Product used, worn, washed, damaged, soiled, etc.)

In order to facilitate the management of product returns and to ensure the transport of the Products in the best conditions, the Products must be returned in their original packaging, accompanied by all accessories and instructions, be in good condition, and accompanied by their invoice.

The Product must be returned by the Customer to LITTLE CABARI at the latest within eight (8) days following communication of their decision to withdraw.

Reimbursement of all amounts paid, including delivery costs, will be made within fourteen (14) days from the date on which LITTLE CABARI is informed of the Customer's decision to withdraw. LITTLE CABARI makes the reimbursement using the same means of payment as that which was used to pay for the order by the Customer. If this payment method has expired, the Customer must contact LITTLE CABARI to modify the reimbursement method. LITTLE CABARI cannot be held responsible for the delay in reimbursement.

IX. LEGAL GUARANTEES

All Products offered by LITTLE CABARI benefit from (i) the legal guarantee against hidden defects provided for by articles 1641 et seq. of the Civil Code and (ii) the legal guarantee of conformity provided for by articles L. 217-4 et seq. Consumer Code, as recalled below.

IX.1. Legal guarantee against hidden defects

Under the guarantee of hidden defects, “ the seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so reduce this use, that the buyer would not have acquired it, or would have only given a lower price, if he had known them. » (Article 1641 of the Civil Code)

In accordance with the provisions of articles 1641 et seq. of the Civil Code, the implementation of the guarantee of hidden defects only concerns hidden defects in the Product purchased by the Customer, which prevent its use or affect it to such an extent. that the Customer would not have acquired it.

The Customer will not be able to claim the benefit of the hidden defects guarantee for apparent defects that he may have observed at the time of purchase of the Product.

The Customer who intends to implement the guarantee against hidden defects may choose to:

  • keep the Product and ask LITTLE CABARI for a price reduction,
  • return the Product to LITTLE CABARI and request reimbursement of the price paid as well as the costs incurred by the sale.

The Customer has a period of two (2) years from the discovery of the defect to implement the legal guarantee against hidden defects.

IX.2. Legal guarantee of conformity

In accordance with the legal guarantee of conformity, “ the seller delivers goods that comply with the contract as well as the criteria set out in article L. 217-5. He is responsible for defects in conformity existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within two years of delivery. (…) ”. (Article L.217-3 of the Consumer Code).

“ The property complies with the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;

4° It is updated in accordance with the contract. » (Article L.217-4 of the Consumer Code)

“ Defects of conformity which appear within a period of twenty-four months from the delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or defect invoked. » (Article L.217-7 of the Consumer Code)

The legal guarantee of conformity does not apply in the following cases:

  • if the Customer was aware of this defect when ordering the Product on the Site;
  • if the Customer could not have been unaware of the existence of this defect when he ordered the said Product;
  • if the defect results from materials that the Customer added.

When acting as a legal guarantee of conformity of the Products, the Customer:

  • benefits from a period of two (2) years from the delivery of the property to act;
  • can choose between repairing or replacing the goods, subject to compliance with the legal provisions in force;
  • is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.

In the event of a lack of conformity, the Customer has the right to bring the goods into conformity by repair or replacement or, failing that, to a reduction in the price or to termination of the contract, subject to compliance with the legal provisions in force.

The Customer who requests reimbursement will be reimbursed by LITTLE CABARI within a maximum period of 14 days after return of the non-compliant Product(s).

LITTLE CABARI may not proceed according to the choice made by the Customer if the requested compliance is impossible or entails disproportionate costs with regard to:

  • the value that the good would have in the absence of a lack of conformity;
  • the importance of the lack of conformity; And
  • of the possible possibility of opting for the other choice without major inconvenience for the consumer.

The Customer is informed that he will not be able to obtain the cancellation of the sale of the Product(s) and their reimbursement if the lack of conformity is minor.

The implementation of legal guarantees by the Customer with LITTLE CABARI does not incur any costs for the Customer.

Finally, the Customer is reminded that the legal guarantee of conformity and the legal guarantee against hidden defects are not mutually exclusive and do not deprive the Customer of any other contractual guarantee possibly granted by LITTLE CABARI. They also do not deprive the Customer of the right of withdrawal defined in Article VIII of the General Conditions of Sale.

X. LIMITATION AND EXEMPTION OF LIABILITY

LITTLE CABARI declines all responsibility for the misuse or misuse of the Products that the Customer has ordered. LITTLE CABARI is in no way responsible for the consequences resulting from: the storage of products in abnormal conditions or conditions incompatible with their nature, their transformation, non-compliance with the instructions for use, installation, installation, abnormal wear resulting from poor maintenance, or imperfect use, installation, installation, damage to products due to water infiltration, shocks or inappropriate use, temperatures or humidity levels.

Any complaint based on the non-conformity of the Products delivered or an apparent defect must be notified before installation, use or installation of the Product, by registered letter to the head office of LITTLE CABARI, 6 rue Chabanais – 75002 Paris. Failing this, the products will be deemed to have been accepted and recognized as compliant. Thus, the alleged defects being known or cannot be ignored by the Customer, no recourse will be open against LITTLE CABARI. In any case, the costs of uninstallation or removal and reinstallation or refitting are never reimbursed by LITTLE CABARI.

Beyond the discharges and exemptions from liability of LITTLE CABARI as stipulated in the articles of the General Conditions of Sale, the liability of LITTLE CABARI cannot, in any way whatsoever and for any reason whatsoever, be incurred in the event of impossibility of delivering the Products purchased to the Customer linked to an absence/deficiency of the Customer. In particular if the order could not be delivered, for reasons which are not attributable to LITTLE CABARI, after a period of 30 days following the date on which the order was available for delivery, the order will be deemed terminated due to the Customer's fault, LITTLE CABARI's obligations will then be automatically extinguished and it will retain the price paid by the Customer as a penalty clause.

XI. FORCE MAJEURE

Any event relating to force majeure which would have the direct consequence of delaying, preventing or making exorbitant the execution of an order or the General Conditions of Sale constitutes a cause for automatic suspension of LITTLE CABARI's obligations, without compensation for the benefit of the Client. If such an event continues for a period of more than three (3) months, this event constitutes a cause for automatic extinction of the obligations of LITTLE CABARI and the Customer, the latter will then be reimbursed the price paid by him for the purchase of the Products concerned, without compensation from either side.

There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably be foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation. by the debtor. (Article 1218 of the Civil Code)

XII. PROTECTION OF PERSONAL DATA

Use of the Site requires the collection and processing of the Customer's personal data.

In compliance with Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms as amended and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data (general data protection regulation) (hereinafter the “Regulation”), it is recalled that personal data concerning the Customer, may be collected and processed by LITTLE CABARI in the context of access and use of the Site, and in particular in the context of processing orders and issuing invoices.

LITTLE CABARI assumes the role of data controller within the meaning of the Regulations.

The Customer's personal data are thus processed for the purposes described in LITTLE CABARI's confidentiality policy (hereinafter the “Privacy Policy”) and in particular for:

- Provide the services of the Site and improve it,

- Receive news,

- Process contact requests,

- Defend the rights of LITTLE CABARI in the event of litigation and pre-litigation.

As such, the following personal data of the Customer may be collected:

  • Identification data (surname, first name, address, email address, telephone),
  • Data relating to navigation,
  • Payment data,
  • all personal data collected via the Site.

The retention periods and recipients of each data are specified, with regard to the purpose, in the Privacy Policy.

These data may in particular be communicated to any partners of LITTLE CABARI responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the Site meets the requirements of the Regulations regarding the protection of personal data, the information system used ensuring optimal protection of this data.

In accordance with the Regulations, the Customer has a right of access, rectification, opposition for legitimate reasons to his personal data. He also has the right to request limitation of processing, a right to erasure or “right to be forgotten”, a right to portability of his data, the right to lodge a complaint with the CNIL.

To exercise these rights, the Customer can contact LITTLE CABARI directly, at the postal address 6 rue Chabanais – 75002 Paris or electronically: info@littlecabari.com .

For more information on the use of their data, the Customer is invited to consult the Privacy Policy available at the following address: https://littlecabari.com/pages/politique-de-confidentialite

XIII. PROOF AGREEMENT – ELECTRONIC SIGNATURE

The Customer acknowledges and accepts that proof of acceptance of the General Conditions of Sale is characterized by checking the words “I have read and accept the General Conditions of Sale”.

The final validation of the order constitutes proof of the Customer's agreement, of the payability of the sums due under the order, of the signature and express acceptance of all operations carried out on the Site, in accordance with articles 1366 and following of the Civil Code.

The computerized records kept in the Site's computer systems, under reasonable security conditions, will be considered as proof of communications and the various transmissions of information between LITTLE CABARI and the Customer.

The conservation and archiving of information and data is carried out on a reliable and durable medium, in accordance with article 1379 of the Civil Code.

In the event of a conflict between the computerized systems of LITTLE CABARI and any document on written media or electronic file in the possession of the Client, it is expressly agreed between the parties that the computerized systems of the Site will take precedence over the Client's documents and will be the only ones admitted as of proof.

XIV. COOKIES

The Site uses cookies, which the Internet user is informed of when arriving on the Site.

A cookie is an alphanumeric file which is placed on the Internet user's computer terminal, smartphone, tablet, mobile, etc., when they connect to the Site.

To find out more, the Internet user is invited to consult the Confidentiality Policy accessible here: https://littlecabari.com/pages/politique-de-confidentialite

It contains all the information allowing the Internet user to understand what a cookie is, the purposes for which they are used on the Site, as well as instructions for opposing the recording of these cookies or for modifying the settings. of the browser.

XV. INTELLECTUAL PROPERTY

The content of the Site is the property of LITTLE CABARI and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

In addition, LITTLE CABARI remains the owner of all intellectual property rights over the Products, photographs and presentations of the Products, studies, drawings, models, prototypes, etc., produced by LITTLE CABARI, even at the request of the Customer, with a view to the sale of a Product.

The Customer therefore refrains from any reproduction or exploitation of said Products, studies, drawings, models and prototypes, etc., without the express, written and prior authorization of LITTLE CABARI which may condition it on financial compensation.

XVI. APPLICABLE RIGHT

The General Conditions of Sale are subject, for their interpretation and execution, to French law.

In the absence of an amicable settlement, any dispute relating to the Site or in relation to its use will be submitted to the French courts.

XVII. MEDIATION – DISPUTES

XVII.1. Amicable resolution

In the event of a dispute arising during an order or sale of a Product, the Customer may submit a written complaint to LITTLE CABARI in order to reach an agreement:

  • by sending him an email to the following address: info@littlecabari.com
  • by sending him a letter to the following address: 6 rue Chabanais - 75002 PARIS

XVII.2. Consumption mediation system

In the event that the Client and LITTLE CABARI are unable to reach an agreement capable of resolving this dispute, the Client is informed that he has the possibility of using the CM2C mediation service free of charge, to which LITTLE CABARI is a member, by electronically to the address cm2c@cm2c.net or by post: CM2C, 14 rue Saint Jean - 75017 Paris, in accordance with article L.612-1 of the Consumer Code.

The Customer can also contact the consumer dispute resolution platform put online by the European Commission and accessible at the following address: http://ec.europa.eu/consumers/odr/ .

The Customer is informed that he will only be able to resort to a consumer mediator if he is able to justify having previously attempted to resolve his dispute directly with LITTLE CABARI by a written complaint according to the terms provided for in the Article XVII.1 of the General Conditions of Sale and this, within the limit of one year following this written complaint.