General Terms and Conditions

GENERAL CONDITIONS OF SALE

These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) apply, without restriction or reservation, to all sales concluded by the company LITTLE CABARI – a simplified joint-stock company with a capital of €43,000, whose registered office is located at 4 rue du Mail – 75002 Paris (FRANCE) and registered with the Paris Trade and Companies Register under number 793 285 941 (hereinafter “LITTLE CABARI”) – to 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 that he is acting as the end 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 set out 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 prevail 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 Terms and Conditions of Sale at any time. The applicable conditions are those in effect on the Site at the time the Customer places the order.

As the General Conditions of Sale are subject to change at any time and without notice, Customers are invited to consult them regularly, particularly before placing any order.

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

No waiver of any provision of the General Conditions of Sale may be considered as a definitive waiver of that 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 in a technical sheet visible on the Site. This technical sheet describes in particular the essential characteristics of the Product.

It is the Customer's responsibility to read this information before placing an order.

The photographs and graphics presented on the Site are for informational purposes only. They are not contractually binding and LITTLE CABARI cannot be held liable.

However, any differences that may exist between the Products and their illustration may only be non-significant 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 the order is placed.

II. ORDERS

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

By placing an order on the Site, the Customer declares and guarantees to LITTLE CABARI that he/she is over 18 years of age and has the legal capacity to enter into contracts.

To place an order, the Customer may 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 validation of the order.

The Customer may select as many Products as they wish, within the limits of normal consumer needs, by clicking on "Add to cart". The Customer may freely modify their cart before confirming 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". The Customer acknowledges by this act having read and understood the General Conditions of Sale and expressly accepts them, without restriction or reservation.

The Customer must then log in 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 process an order, particularly in the event of information from the banking organization responsible for managing the payment of the order stating that it is impossible to implement the payment method chosen for the payment of the order or in the event of orders exceeding, by their content and/or their 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 his 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 contents of his order.

The order is considered to have been placed on the date of validation of the order 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 the validation of the order by LITTLE CABARI by email (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 Customer receives the invoice upon order confirmation at the billing email address provided. LITTLE CABARI keeps an electronic copy of each invoice.

III. PRICE OF PRODUCTS

The price of each Product listed on the Site is the one 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 fees are charged to the Customer except for 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 duties 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 transmitted directly to STRIPE or Paypal.

V. DELIVERY OF PURCHASED PRODUCTS – RECEIPT PROCEDURE

Delivery is constituted by 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 collecting the Products from the collection center (Showroom LITTLE CABARI located at 4 rue du Mail - 75002 Paris), or by receiving 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 due to accessibility reasons, LITTLE CABARI cannot be held responsible. An error in the delivery address, or any other problem requiring a repeat delivery, will be invoiced at the actual cost of the new delivery, with payment of these additional costs being a condition of the new delivery.

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

The delivery times mentioned on the Site are given for information purposes only and depend in particular on the availability of the Products and the order in which orders are received. A delivery delay of up to thirty (30) days cannot give rise to any compensation or penalty, nor constitute grounds for cancellation of the order by the Customer.

In the event that the delivery time is exceeded by more than thirty (30) days and as long as the delivery of the Product is not effective, the Customer may request cancellation of the sale and obtain, within fourteen (14) days of his request, the reimbursement of the sums paid when ordering. LITTLE CABARI cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the 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 the delivery costs is specified on the invoice given to the Customer.

By express agreement, the effective 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 is responsible for the delivery of the Product, the risks of loss or damage to the Product are transferred to the Customer upon Receipt. On the other hand, when the Customer is responsible for the delivery of the Product, the risks are transferred to the Customer upon delivery of the Product to the carrier.

VII. PACKAGING

The Products are packaged in such a way as to comply with the transport standards in force, and to ensure optimal protection of the Products during their delivery. The Customer is requested to respect these same standards when returning any Product. Any damage noted to a Product upon return due to a packaging problem that has not been respected may result in a partial refund or non-refund of the Product in the event that it is impossible to resell it in its original condition.

VIII. RIGHT 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 with LITTLE CABARI, allowing him to partially or totally cancel his order.

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: 4 rue du Mail – 75002 PARIS or by email to the following address: info@littlecabari.com , before the expiry of the aforementioned period.

In the event of withdrawal, the Customer shall bear the cost of returning the Product(s).

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

- tailor-made, made to the Client'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 that the Products are transported in the best possible 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 no later than eight (8) days following communication of their decision to withdraw.

The refund 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 will make the refund using the same payment method that was used to pay for the order by the Customer. If this payment method has expired, the Customer must contact LITTLE CABARI to change the refund method. LITTLE CABARI cannot be held responsible for any delay in the refund.

IX. LEGAL GUARANTEES

All Products offered by LITTLE CABARI benefit from (i) the legal guarantee of 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. of the Consumer Code, as recalled below.

IX.1. Legal guarantee against hidden defects

Under the warranty against hidden defects, " the seller is bound by the warranty against hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of 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 covers 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 may not 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 of 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 for 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 and the criteria set out in Article L. 217-5. He is liable for any lack of 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 provided 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 twenty-four months of delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed. ” (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 be unaware of the existence of this defect when ordering the said Product;
if the defect results from materials that the Customer has added.

When acting under the legal guarantee of conformity of the Products, the Customer:

benefits from a period of two (2) years from delivery of the goods to act;
may choose between repair or replacement of 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 have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or termination of the contract, subject to compliance with the legal provisions in force.

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

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

of the value that the property would have in the absence of a lack of conformity;
the significance of the lack of conformity; and
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 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 Client with LITTLE CABARI does not incur any costs for the Client.

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 that may be 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 EXEMPTIONS OF LIABILITY

LITTLE CABARI declines all responsibility for the misuse or improper use of the Products ordered by the Customer. 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, failure to comply with the instructions for use, installation, fitting, abnormal wear resulting from poor maintenance, or imperfect use, installation, fitting, deterioration of the products due to water infiltration, shocks or inappropriate use, temperatures or humidity levels.

Any claim based on non-conformity of the Products delivered or an apparent defect must be notified before installation, use or fitting 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, if the defects claimed are known or cannot be ignored by the Customer, no further recourse will be open against LITTLE CABARI. In any event, the costs of uninstallation or removal and reinstallation or replacement are never reimbursed by LITTLE CABARI.

Beyond the disclaimers 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 an inability to deliver the Products purchased to the Customer due to an absence/failure of the Customer. In particular, if the order could not be delivered, for reasons 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 fault of the Customer, the obligations of LITTLE CABARI will then be extinguished automatically and the latter will retain the price paid by the Customer as a penalty clause.

XI. FORCE MAJEURE

Any event falling under force majeure which would have the direct consequence of delaying, preventing or making the execution of an order or the General Conditions of Sale exorbitant constitutes a cause for automatic suspension of the obligations of LITTLE CABARI, without compensation for the benefit of the Customer. If such an event continues for a period exceeding three (3) months, this event constitutes a cause for automatic termination of the obligations of LITTLE CABARI and the Customer, the latter will then be reimbursed for the price paid by it for the purchase of the Products concerned, without compensation from either party.

There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation. (Article 1218 of the Civil Code)

XII. PROTECTION OF PERSONAL DATA

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

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

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

The Client's personal data is thus processed for the purposes described in LITTLE CABARI's privacy policy (hereinafter the "Privacy Policy") and in particular for:

- Provide the services of the Site and improve the latter,

- Receive news,

- Process contact requests,

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

In this regard, the following personal data of the Client may be collected:

Identification data (surname, first name, address, email address, telephone number),
Navigation data,
Payment data,
all personal data collected via the Site.

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

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

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

In accordance with the Regulations, the Client has the right to access, rectify, and object to the processing of their personal data for legitimate reasons. They also have the right to request the limitation of processing, the right to erasure or "right to be forgotten," the right to data portability, and the right to file a complaint with the CNIL.

To exercise these rights, the Customer can contact LITTLE CABARI directly, at the postal address 4 rue du Mail – 75002 Paris or electronically: info@littlecabari.com .

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

XIII. EVIDENCE AGREEMENT – ELECTRONIC SIGNATURE

The Customer acknowledges and accepts that proof of acceptance of the General Conditions of Sale is demonstrated by checking the box "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 payment of the sums due under the order, of the signature and of the express acceptance of all operations carried out on the Site, in accordance with articles 1366 et seq. 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 Client.

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

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

XIV. COOKIES

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

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

To find out more, Internet users are invited to consult the Confidentiality Policy available 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 browser settings.

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.

Furthermore, LITTLE CABARI remains the owner of all intellectual property rights to 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 prohibits any reproduction or exploitation of said Products, studies, designs, models and prototypes, etc., without the express, written and prior authorization of LITTLE CABARI, which may make it conditional on financial compensation.

XVI. APPLICABLE LAW

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 connection with its use will be submitted to the French courts.

XVII. MEDIATION – DISPUTES

XVII.1. Amicable resolution

In the event of a dispute arising from 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: 4 rue du Mail - 75002 PARIS

XVII.2. Consumer mediation system

In the event that the Client and LITTLE CABARI are unable to reach an agreement to resolve this dispute, the Client is informed that he/she has the possibility of using the CM2C mediation service free of charge, to which LITTLE CABARI is a member, electronically at 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 may also contact the consumer dispute resolution platform set up online by the European Commission and accessible at the following address: http://ec.europa.eu/consumers/odr/ .

The Customer is informed that he may only resort to a consumer mediator if he is able to prove that he has previously attempted to resolve his dispute directly with LITTLE CABARI by means of a written complaint in accordance with the terms set out in Article XVII.1 of the General Conditions of Sale, within the limit of one year following this written complaint.

Ma Liste de Souhaits