General conditions of sale Tonton Pierrot (LATP franchises)
FRANCHISES LATP, a simplified joint-stock company, registered with the RCS of Béziers under number 889 926 077, whose head office is located at 22 rue de la gare – 34260 Graissessac (“Tonton Pierrot Univers”) publishes this website accessible under the domain name: www.tonton-pierrot.com and intended for the retail sale of products (such as confectionery, chocolate, etc.) to private individuals acting for personal purposes.
The Site is reserved for retail sales to private individuals acting for personal purposes (the "Customer"). The Customer declares and guarantees to act as the final consumer of the products he orders.
These general conditions of sale (the "GTC") detailed below apply to and form an integral part of all orders and sales of products and services placed via the Site (the "Products") with Tonton Pierrot (company FRANCHISES LATP sas) by the Client.
1. ACCEPTANCE OF THESE GENERAL CONDITIONS OF SALE
The purpose of these general conditions of sale is to define the rights and obligations of Tonton Pierrot (company FRANCHISES LATP sas) and of any Customer in the context of distance selling of products offered on the Site.
The products for sale on the Site are intended exclusively for individuals for their personal needs. As a Customer, you declare that you are not a professional and do not obtain the products for commercial use or in general in order to derive a profit from them.
The Customer must read the T&Cs prior to any order on the Site (the "Order").
The Customer acknowledges having read these GCS prior to the validation of his order on the Site and guarantees that he has full legal capacity to use this online sales service. Any validation of an Order implies full prior and unreserved acceptance of the T&Cs by the Customer by clicking on the button “I have read and I accept the general terms and conditions of sale”.
2. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
Tonton Pierrot (FRANCHISES LATP sas company) reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to a sale is the one appearing online on the Site at the time of the Order.
3. OPERATION OF THE SITE AND CREATION OF A CUSTOMER ACCOUNT
3.1. Access to and operation of the Site
The Site belongs to and is managed by Tonton Pierrot (company FRANCHISES LATP sas).
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by Tonton Pierrot (company FRANCHISES LATP sas), for the purposes of its maintenance and/or security or case of force majeure. Tonton Pierrot (FRANCHISES LATP sas company) cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
Tonton Pierrot (FRANCHISES LATP sas company) does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without failure or interruption, particularly in the event of excessive traffic (traffic and/or activity on the Site abnormally high). Tonton Pierrot (FRANCHISES LATP sas company) may in this respect determine freely and at its sole discretion any period of unavailability of the Site or its content. Tonton Pierrot (FRANCHISES LATP sas company) cannot be held responsible for problems with data transmission, connection or unavailability of the network either.
Tonton Pierrot (FRANCHISES LATP sas company) reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the provision of services, in a substantial and negative way, the Customer may be informed of the modifications made, but his acceptance is not required.
3.2. Creation of a Customer Account
The Customer has the possibility of creating a customer account by means of a login ID and a password (“Customer Account”).
The creation of a Customer Account is not mandatory to place an Order.
To create his Customer Account, the Customer must first complete a registration form accessible on the Site.
The Customer's registration on the Site is validated by Tonton Pierrot (FRANCHISES LATP sas company) after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating his Customer Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, Tonton Pierrot (company FRANCHISES LATP sas) cannot be held responsible for the impossibility of delivering the Products.
Tonton Pierrot (FRANCHISES LATP sas company) may delete the Client's Account at any time, for any reason, at its sole discretion, without its liability being incurred in this regard.
4. AVAILABILITY AND DESCRIPTION OF THE PRODUCTS OFFERED FOR SALE BY Tonton Pierrot
Tonton Pierrot (FRANCHISES LATP sas company) sells products online, mainly decorative items (candles, mugs, etc.), books, costume jewellery, leather goods, clothing and fashion accessories. (the “Products”)
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks.
Each Product displayed on the Site is accompanied by a description
Tonton Pierrot (FRANCHISES LATP sas company) strives to ensure that the information, including Product descriptions, dimensions and colors provided on the Site is accurate and complete.
5. PRICE OF PRODUCTS, TERMS OF PAYMENT AND INVOICING
5.1. Product prices
The selling prices of the Products are those displayed in Euros on the Site at the time of purchase.
Prices shown on the Site include sales tax/VAT but exclude shipping and other taxes unless otherwise stated. Customs charges and other taxes must be paid by the Customer directly to the carrier.
Sales, use or other taxes vary depending on where the Products are shipped.
The Products are payable in cash when the actual Order is placed.
5.2. Methods of payment via STRIPE
Payment for the Products is made directly and exclusively via the secure and remote platform of the payment provider STRIPE
The payment of the Order is made exclusively by bank card. The cards accepted are: CARTE BLEUE / VISA / MASTERCARD.
Tonton Pierrot (FRANCHISES LATP sas company) does not have access to Customer payment data which is transmitted directly to STRIPE.
During each transaction, STRIPE and the banks of the issuer of the payment carry out an analysis of the transaction, in order to limit the risk of fraudulent behavior. Following this analysis, some Orders may be blocked.If the payment card issuer refuses payment, the Customer should contact your card issuer directly to resolve this issue.
In any case, Tonton Pierrot (company FRANCHISES LATP sas) cannot be held responsible for any refusal to proceed with an Order blocked for suspicion of fraud.
The Customer expressly acknowledges that the communication of his credit card number during the Order constitutes authorization to debit his account up to the price of the Products ordered. If necessary, a notification of cancellation of Order for non-payment is sent to the Customer by Tonton Pierrot (company FRANCHISES LATP sas) on the e-mail address communicated by the Customer when placing the Order.
Tonton Pierrot (FRANCHISES LATP sas company) assumes no liability for payments made via the STRIPE service on the Site. Any dispute, dispute and claim concerning the purchase or reimbursement of a Product and in general any malfunction of the payment process must be addressed to STRIPE. Any dispute and dispute must be carried out in accordance with the indications and conditions specified in the general conditions of STRIPE.
For each Product Order placed on the Site, the Customer will receive a written invoice sent to the Customer's e-mail address or directly accessible in the “my account” section of the Site if the Customer has previously created a Customer Account.
6. ORDER PROCESS
The ordering process on the Site includes the following steps
Add to shopping cart: The Customer can select as many Products as they wish
Order: The placing of the order requires the communication of the information necessary for the processing of the order: surname and first name, postal address of delivery and/or invoicing, telephone and email address. It is not necessary to create a Customer Account to place an Order on the Site.
Delivery method and costs: Selection of the delivery formula according to the times indicated and the corresponding costs.
Verification and validation of the order: After having checked the order summary and before validating it, the Customer indicates that he has read and accepted these GCS by checking the field provided for this purpose.
Payment: Online payment for the order is made by credit card via the STRIPE platform. The online payment of the order is made by communicating the bank details (numbers, validity date and visual cryptogram of the card) and by a definitive click on “VALIDATE”.
Confirmation and summary of the Order: Once the payment has been made, a confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.), containing a reference number will be sent to the Client by Tonton Pierrot (company FRANCHISES LATP sas). To this end, the Customer formally accepts the use of e-mail for confirmation by Tonton Pierrot (FRANCHISES LATP sas company) of the content of his Order.
This order confirmation constitutes the acceptance of Tonton Pierrot (company FRANCHISES LATP sas) of the Order and attests to the existence of a legally binding sales contract.
7. REFUSAL TO PROCESS AN ORDER
Tonton Pierrot (FRANCHISES LATP sas) reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on the latter. Despite the best efforts of Tonton Pierrot (FRANCHISES LATP sas company) to meet the expectations of its customers, it may be that the latter refuses to process an Order after having sent the Customer the confirmation email summarizing the Order.
Tonton Pierrot (FRANCHISES LATP sas company) also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or who has acted in disregard of these GCS, or in the event of an objective suspicion of fraud.
Tonton Pierrot (FRANCHISES LATP sas company) strictly prohibits the use of its Site for professional purposes, in particular with a view to purchasing for resale on a professional basis. Consequently, Tonton Pierrot (FRANCHISES LATP sas company) reserves the right to refuse an order placed by a professional
8.1. Order tracking
Upon shipment of the Order, Tonton Pierrot (company FRANCHISES LATP sas) will send the Customer an order confirmation to his customer.
8.2. Delivery times and methods
Delivery times vary depending on the Product(s) concerned, the formula chosen and the destination of the Order. Transport is provided by Colissimo services.
Delivery to a relay point:
Delivery to a drop-off point with an average time of 10 (ten) to 15 (fifteen) working days depending on the delivery destination indicated. The Customer has a period of 14 (fourteen) consecutive days from the arrival of the package at the relay point to come and collect it. After this period, it will be returned to Tonton Pierrot (company FRANCHISES LATP sas)
Tracked home delivery – without signature:
For mainland France (including Corsica): delivery with an average time of 10 (ten) working days to 15 (fifteen) working days to the delivery address indicated. If the Customer is absent and the size of the package does not allow it to be delivered to the mailbox, a delivery notice is left for him and the package is made available to him at the drop-off point to which the Customer is attached. The Customer has a period of 15 (fifteen) working days from the arrival of the package at the post office to collect it. After this period, it will be returned to Tonton Pierrot (company FRANCHISES LATP sas)
For destinations other than metropolitan France (including Corsica):
Delivery with an average time of 10 (ten) to 15 (fifteen) working days depending on the delivery destination indicated. If the Customer is absent and the size of the package does not allow it to be delivered to the mailbox, a transit advice note is left for him and the package is made available to him at a drop-off point to which the Customer is attached. The Customer has a period of 15 (fifteen) working days from the arrival of the package at the drop-off point to collect it. After this period, it will be returned to Tonton Pierrot (company FRANCHISES LATP sas)
8.3. Delivery costs and charges
The amount of the delivery costs varies according to the Product(s) concerned, the delivery method chosen and the delivery area.
These amounts are indicated at the time of placing the Order.
The Products are delivered to the address provided by the Customer.
Tonton Pierrot (FRANCHISES LATP sas company) reminds that when the Customer takes physical possession of the Products, the risk of loss or damage to the Products is transferred to him. It is therefore up to the Customer to notify the carrier of any reservations regarding the Product delivered. In addition, when the Customer takes care of the delivery of the Product, the risks are transferred to the Customer when the Product is handed over to the carrier.
If the delivery time is exceeded, and as long as the delivery of the Product is not effective, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, Tonton Pierrot (company FRANCHISES LATP sas) cannot be held responsible for the harmful consequences resulting from a delay in delivery, only reimbursement of the Product by Tonton Pierrot (company FRANCHISES LATP sas) being possible to the exclusion of any other form of compensation.
If it is impossible to make the delivery, due to an incorrect delivery address or the absence of collection by the Customer of his Order from the selected collection point, no reshipment can be carried out and Tonton Pierrot (company FRANCHISES LATP sas) cannot be held responsible.
9.RIGHT OF WITHDRAWAL: EXCHANGES AND REFUNDS
9.1. Deadlines and method of withdrawal
The Customer may communicate his decision to exercise his right of withdrawal within this period of fourteen days (14) days by sending Tonton Pierrot (company FRANCHISES LATP sas) the withdrawal form, otherwise an unambiguous declaration expressing his desire to withdraw, accessible in Article 9.2 hereof or from its Customer Account.
The Customer returns the Order, at his own expense, unless the return or exchange is necessary due to non-compliance with a commitment by Tonton Pierrot (FRANCHISES LATP sas company) hereunder, without excessive delay and , at the latest, within fourteen (14) days following the communication of its decision to withdraw in accordance with article L. 221-21 of the Consumer Code.
The Customer's right of withdrawal cannot be exercised for a damaged or opened Product. All Products must be returned new, unaltered and in their original condition and packaging, which the Customer expressly acknowledges and accepts.
9.2. Withdrawal request/form
The form below must be returned within 14 (fourteen) days of the date of receipt of the Products
By post: FRANCHISES LATP (tonton pierrot), 22 RUE DE LA GARE, 34260 GRAISSESSAC. FRANCE
By email: firstname.lastname@example.org
“I, the undersigned, ___________________________ (name of Customer), hereby notify you of my decision to withdraw the order __________ from __________, bearing the number __________.
Customer Name: ____________________________,
Customer's email address_______________________________,
Done on ________________,
Signature of the Customer”
Reimbursement of the Order by Tonton Pierrot (FRANCHISES LATP sas company) is made after Tonton Pierrot (FRANCHISES LATP sas company) has received the Product.
Once the refund has been processed, the Customer will be notified by e-mail.
Tonton Pierrot (FRANCHISES LATP sas company) makes the reimbursement to the bank account which must be sent by email. Tonton Pierrot (FRANCHISES LATP sas company) cannot be held responsible for the delay in reimbursement.
Tonton Pierrot (FRANCHISES LATP sas company) does not cover the costs of returning the said product(s) concerned by the withdrawal, which remain the responsibility of the Customer.
10. LEGAL GUARANTEES
The Products delivered benefit, in accordance with the legal provisions, from the guarantee of conformity and the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the product and rendering it unfit for use.
In order to assert his rights, the Customer must:
1) Inform in writing Tonton Pierrot's Customer Service (FRANCHISES LATP sas company) of the existence of the non-conformity of the Product delivered or of the hidden defect affecting the product as soon as possible
from its discovery.
2) Return the Product concerned to Customer Service.
The Products must be returned to Tonton Pierrot (FRANCHISES LATP sas company) with all the elements in packaging allowing transport in good conditions.
As part of the legal guarantee against hidden defects, the Customer
Has a period of 2 years from the discovery of the defect to implement the legal guarantee against hidden defects of the product sold within the meaning of article 1641 of the Civil Code.
Can choose between the resolution of the sale (recovery of the Product and full refund) or obtain a price reduction (partial refund of the Product) in accordance with article 1644 of the Civil Code.
11. LIMITATION OF LIABILITY
Tonton Pierrot (FRANCHISES LATP sas company) cannot be held liable for any non-performance or poor performance of all or part of the obligations which would be attributable to the Customer, or would be attributable to the unforeseeable and insurmountable fact of a third party to the contract or to a case force majeure, in accordance with article L221-15 of the Consumer Code.
12. INTELLECTUAL PROPERTY
The elements reproduced on the Site are the exclusive property of Tonton Pierrot (company FRANCHISES LATP sas) and are protected by copyright, trademark law, and unfair competition law. Any reproduction and distribution of these elements, without the prior and express authorization of Tonton Pierrot (company FRANCHISES LATP sas), exposes offenders to legal proceedings.
13. DISPUTES AND APPLICABLE LAW
These T&Cs as well as any Order placed on the Site are governed by French law, unless otherwise provided by public order.
For any complaints, please contact Tonton Pierrot's Customer Service (FRANCHISES LATP sas company)
Tonton Pierrot (company FRANCHISES LATP sas), will acknowledge receipt of this complaint within ten (10) working days of receipt and will provide a response within a maximum of one (1) month, except in special circumstances. duly justified.
In accordance with Article 14 of Regulation (EU) No. 524/2013 of 21 May 2013 on out-of-court dispute resolution, the European Commission has also set up an Online Dispute Resolution platform, facilitating independent settlement by out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible via the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
The complaint and/or mediation procedures apply without prejudice to the possibility for the Customer to bring an action before the competent courts.
16. CONTACTING US – CUSTOMER SERVICE
The Tonton Pierrot Customer Service (FRANCHISES LATP sas company) is at your disposal for any questions concerning the products or this online sales service.
By mail: SAV – FRANCHISES LATP (tonton pierrot) 22 RUE DE LA GARE, 34260 GRAISSESSAC