PREAMBLE

The purpose of these conditions is to define the contractual relations, rights and obligations, which unite the company: MY LITTLE DAY SAS, hereinafter referred to as "MYLITTLEDAY.FR", registered with the RCS of PARIS under number 520763186 and whose registered office is 6 rue d'Alexandrie, 75002 PARIS, France and on the other hand, "THE CUSTOMER", any person visiting and/or purchasing an item offered for sale on the merchant site www.mylittleday.fr.

The transfer of ownership by THE CUSTOMER to a third party, of a property originally purchased from MYLITTLEDAY.FR, is not governed by these general conditions of sale.

ARTICLE 1 – ENTIRETY

These general conditions express the entirety of the obligations of the parties. In this sense, THE CUSTOMER is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions and will prevail over all other general or specific conditions not expressly approved by MYLITTLEDAY.FR.

They shall prevail, where applicable, over any other version or any other contradictory document.

MYLITTLEDAY.FR reserves the right to modify its conditions of sale at any time, and without notice.

In this case, the applicable conditions will be those in force on the date of the order by THE CUSTOMER.

ARTICLE 2 – CONTENT

The purpose of these general conditions of sale is to define the rights and obligations of the parties in the context of the online sale of goods offered by MYLITTLEDAY.FR and THE CUSTOMER from the website www.mylittleday.fr.

The clientele is not geographically limited.

MYLITTLEDAY.FR undertakes to deliver to any CUSTOMER residing in mainland France, according to the methods described in these conditions, as well as in the rest of the world under the pricing conditions indicated when choosing the type of delivery.

ARTICLE 3 – LANGUAGE OF THE CONTRACT

The general conditions of sale are written in French.

In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

ARTICLE 4 - ACCEPTANCE OF THE CONDITIONS

These conditions can be consulted at any time by THE CUSTOMER, on the site www.mylittleday.fr, by clicking on the “Terms and Conditions” section.

Consequently, THE CUSTOMER acknowledges having read, at the time of placing his order and at the conclusion of the contract, in a readable and understandable manner, these general conditions of sale, as well as the information listed in article L. 221-5 of the Commercial Code, and expressly declares to accept them without reservation.

The latter are enforceable against it under Article 1119 of the Civil Code and will prevail over any other conditions appearing in any other document.

ARTICLE 5 – LEGAL CAPACITY

The CUSTOMER declares to have the full legal capacity allowing him to commit under these general conditions.

THE CUSTOMER also declares to be at least eighteen years old and to have the legal capacity, or to be the holder of a legal authorization, allowing him access and online purchase.

ARTICLE 6 - PRODUCTS

6.1. Overview

The products governed by the present are those which appear on the website of MYLITTLEDAY.FR and which are indicated as sold and shipped by the latter.

The products offered comply with the French legislation in force and the standards applicable in France.

6.2. Description of products

The photographs, texts, graphics, information and characteristics contained on the site www.mylittleday.fr are intended to illustrate the products as accurately as possible in accordance with legal requirements.

The information mentioned on each product sheet is that communicated to MYLITTLEDAY.FR by the suppliers or manufacturers of the said products.

MYLITTLEDAY.FR takes the greatest care in putting information online including a complete description of the items. 

However, if there were any errors or omissions in this presentation, MYLITTLEDAY.FR cannot be held liable, the latter undertaking to rectify them as soon as possible after becoming aware of them.

MYLITTLEDAY.FR is committed to ensuring that the product presentation photographs are as realistic as possible.

However, if there were minor differences between the photograph of the product and the product delivered, in particular due to the quality of the photograph or the configuration of the display parameters of the computer used by the CLIENT, the responsibility of MYLITTLEDAY .FR cannot be held liable if the product complies with the contract.

In any event, the CUSTOMER has a right of withdrawal in accordance with Article 14 hereof.

6.3. Availability

Product offers are valid as long as they are visible on the site within the limits of available stocks.

MYLITTLEDAY.FR will do its best to process all orders.

However, in the event of unavailability of the product after placing the order, THE CUSTOMER will be informed by email and/or telephone.

The amount paid by THE CUSTOMER for the missing product(s) will be credited within 14 (fourteen) days maximum to their bank account.

MYLITTLEDAY.FR reserves the right to modify the assortment of products according to the constraints imposed by its suppliers.

The information on the availability of the products being transmitted by the suppliers, the unavailability of the products could not engage the responsibility of MYLITTLEDAY.FR, nor give right to damages for the customer.

Furthermore, MYLITTLEDAY.FR cannot be held responsible for the non-performance of the contract concluded in the event of force majeure or fortuitous events.

Force majeure is defined as any irresistible fact or circumstance, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter despite all possible reasonable efforts.

Are considered as cases of force majeure or fortuitous events, in addition to those recognized by case law, a disruption or a total or partial strike, in particular of postal services, and means of transport and / or communications, floods, fires, earthquakes , storms.

6.4. Legal guarantees against hidden defects and conformity

In accordance with articles 1641 and following of the civil code, MYLITTLEDAY.FR guarantees THE CUSTOMER, in respect of hidden defects that may affect the products delivered, within the framework of a replacement of defective products, or parts rendering them unfit for their use.

MYLITTLEDAY.FR cannot however be considered by THE CUSTOMER as responsible for any harmful consequences that these hidden defects could have caused.

In addition, and in application of the provisions of articles L. 217-1 and following of the consumer code, MYLITTLEDAY.FR guarantees the conformity of the products with the contract.

 

THE CUSTOMER, who acts as a legal guarantee of conformity:

‐ has a period of two years from delivery of the goods to act;

- can choose between the repair or the replacement of the good, subject to the conditions of cost envisaged by the article L. 217-9 of the code of consumption;

- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. For second-hand goods, this period is set at six months.

The legal guarantee of conformity applies independently of the commercial guarantee that may be granted.

In the event that THE CUSTOMER decides to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code, he can choose between the resolution of the sale or a reduction of the sale price in accordance with in article 1644 of the civil code.



In order to constantly improve its services, MYLITTLEDAY.FR invites THE CUSTOMER to inform it of any errors that it may have noticed through the contact section.

The products are intended for the conditions of use or use intended by the manufacturers of said products.

MYLITTLEDAY.FR declines all responsibility in the event of non-compliant or non-recommended use of the products.

ARTICLE 7 - PRICE

The price is expressed in euros (€).

The price indicated on the product sheets does not include delivery costs, invoiced in addition and indicated before the validation of the order.

MYLITTLEDAY.FR reserves the right to modify its prices at any time.

In the event of a modification, the price invoiced to the CUSTOMER is that entered in the order form and accepted by THE CUSTOMER at the time of its validation.

The price indicated in the order confirmation is the final price, expressed all taxes included (TTC) for France. It includes: the price of the products, the handling costs, the packaging of the products, the transport costs.

For deliveries within the European Union, the applicable VAT is that in force on the day of the order, it being specified that any rate change will be automatically passed on to the price of the products presented on the online store.

For deliveries outside the European Union, THE CUSTOMER must pay the customs duties, VAT or other taxes due when the products are imported into the country of the place of delivery.

The related formalities are also the sole responsibility of the CUSTOMER unless otherwise indicated. THE CUSTOMER is solely responsible for checking the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery.

ARTICLE 8 - ORDER

The "basket" allows the CUSTOMER to virtually select the products he likes from the online catalog of the website. www.mylittleday.fr.

THE CUSTOMER can consult his basket, the corresponding price, complete it or modify it at any time during his visit to the MYLITTLEDAY.FR website.

The contents of the basket will be definitively attributed to the CUSTOMER after the latter has validated it, expressly accepted these conditions by means of a checkbox, filled in his delivery address and validated his method of payment by means of the online form. , subject to product availability.

Automatic recording systems are considered as proof of the nature, content and date of the order.

MYLITTLEDAY.FR confirms the acceptance of the order to the CUSTOMER, at the email address that the latter will have communicated.

This is an order with payment obligation so that:

- the placing of the order implies payment by the CLIENT;

- the sale will not be concluded and considered final until the confirmation of the order and receipt of payment by MYLITTLEDAY.FR;

- full payment must be made for MYLITTLEDAY.FR to ship the order. Availability and shipping times are therefore to be calculated from the date of receipt of the means of payment.

MYLITTLEDAY.FR reserves the right not to confirm an order for any reason whatsoever, in particular due to either a problem with the supply of products, or a problem concerning the order received (incorrect or incomplete address, or any other anomaly on the CLIENT's account)

MYLITTLEDAY.FR also reserves the right to refuse or cancel any order from a CUSTOMER who has not fully or partially paid for a previous order or with whom a payment dispute is in progress.

The computerized registers, kept in the computer systems of MYLITTLEDAY.FR, under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.

ARTICLE 9 – ELECTRONIC SIGNATURE

In accordance with the law of March 13, 2000 on electronic signature, any purchase order signed by the customer by "double click" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in these general conditions of sale as “right of withdrawal” and “out of stock”.

ARTICLE 10 – TERMS OF PAYMENT

THE CUSTOMER can pay by credit card (Carte Bleue, Visa, or Mastercard) via the secure site (online payment system) and by PAYPAL.

THE CUSTOMER guarantees that he is fully authorized to use the bank card he is using, that it is a personal card, that it is not a fraudulently used card and that this bank card provides access to sufficient funds to cover all costs resulting from the sale of products on the MYLITTLEDAY.FR online store.

The order validated by THE CUSTOMER will only be considered effective when the bank payment centers concerned have given their agreement. In case of refusal of said centers, the order will be automatically cancelled.

ARTICLE 11 - SECURITY - CONFIDENTIALITY

The credit card number is sent to the bank's servers, with payment being made directly to a bank without going through the server of the MYLITTLEDAY.FR website.

This formality guarantees the CUSTOMER that his bank details are:

- known only to the banking partner of MYLITTLEDAY.FR

- inaccessible to third parties.

 ARTICLE 12 - RETENTION OF OWNERSHIP

The products remain the exclusive property of MYLITTLEDAY.FR until their complete payment.

The transfer of risk occurs upon delivery, when THE CUSTOMER, or a third party designated by him, takes physical possession of the products at the delivery address he has indicated, or from the carrier.

ARTICLE 13 - DELIVERY

Delivery means the transfer to the CLIENT of physical possession of the goods or control of the goods.

13.1. Deadlines

Except in cases of force majeure or periods of closure of the online store which will be clearly announced on the home page on the website www.mylittleday.fr, the shipping times are, within the limits of available stocks, those indicated below.

MYLITTLEDAY.FR processes the sending of the CLIENT's order within 1 (one) working day from the date of registration.

The delivery time is indicated to the CLIENT prior to the validation of the order according to the delivery method chosen and before payment.

THE CUSTOMER can follow the delivery status of his order via the references which will have been communicated to him by MYLITTLEDAY.FR during the confirmation of his order according to the carrier chosen.

13.2. Delays

In the event of an unusual shipping delay, an information email will be sent to the CLIENT.

THE CUSTOMER has the right to cancel his order and to terminate the contract pursuant to the provisions of Articles L. 216-2 and following of the Consumer Code if the delivery of the latter has not taken place on the date or at the end of the period indicated to him during the validation of his order or, failing that, at the latest 30 days after the conclusion of the contract, unless this delay in delivery is due to a case of force majeure or fortuitous.

To do this, the CUSTOMER must send a registered letter with acknowledgment of receipt, or any other writing on another durable medium to MYLITTLEDAY.FR if, after having ordered it, according to the same terms, to make the delivery within a reasonable additional fee, the latter did not perform within that time.

The contract is considered resolved upon receipt by the professional of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.

When the contract is terminated under the conditions provided for in Article L. 216-2, MYLITTLEDAY.FR shall reimburse the CLIENT for all sums paid, at the latest within 14 (fourteen days) following the date on which the contract was been denounced.

MYLITTLEDAY.FR cannot be held responsible for any delay in delivery by the carrier (including in the event of a carrier or postal service strike). The choice of carrier belongs to THE CUSTOMER who places his order knowing the delivery times. 

The information provided by THE CUSTOMER on the order form commits him, he must therefore be vigilant about their accuracy. Thus, in the event of an error in the wording of the delivery details, MYLITTLEDAY.FR cannot be held responsible for the impossibility of delivering the product on time. If the product could not be delivered due to this error, all costs incurred for possible reshipment will be borne by THE CUSTOMER.

13.3. Receipt of goods

The goods always travel at the risk of THE CUSTOMER.

THE CUSTOMER must check the good condition of the goods upon arrival of the package. This verification is considered to have been carried out when THE CUSTOMER, or a person authorized by him, has signed the carrier's proof of delivery.

In the event of a problem (missing or damaged product, pierced, open or damaged package, in particular with the presence of yellow “La Poste” tape), THE CUSTOMER must imperatively refuse the package and note a reservation on the delivery note (package refused because opened, damaged or otherwise).

Within a maximum period of 48 (forty-eight) hours from delivery, THE CUSTOMER must file a complaint with the carrier or the postal services.

Any anomaly concerning the delivery must imperatively be notified to MYLITTLEDAY.FR on the same day of receipt or at the latest on the first working day following receipt.

Any complaint made after this period will be rejected and MYLITTLEDAY.FR will be released from all liability.

MYLITTLEDAY.FR reserves the right to ask the CUSTOMER to return the defective product.

If the aforementioned conditions are met, MYLITTLEDAY.FR will then either exchange or refund the defective products, or reship the missing products, subject to the merits of the CLIENT's request and availability.

If the package is not picked up by THE CUSTOMER, it is automatically forwarded to MYLITTLEDAY.FR.

ARTICLE 14 – RIGHT OF WITHDRAWAL AND RETURNS

In accordance with L. 221-18 and following of the Consumer Code, THE CUSTOMER has a period of 14 (fourteen) days, from the date of receipt of the goods, to withdraw without giving any reason.

In the event of exercise of the right of withdrawal, by returning the product, MYLITTLEDAY.FR is required to reimburse the purchase price of the products purchased and returned, and delivery costs, at no additional cost, with the exception of return costs which remain the responsibility of the CUSTOMER.

Reimbursement is due within a maximum period of 14 (fourteen) days upon receipt of the goods.

The product(s) must be returned in perfect condition, in their original packaging, intact, and complete, thus allowing them to be marketed in new condition.

Damaged, soiled or incomplete products are not accepted.

The products are returned by THE CUSTOMER, accompanied by the purchase invoice or the delivery note, to the following address: 

LOGISSEO
My Little Day - MLP
Returns
12 avenue Jean Joxé
49100 Angers

MYLITTLEDAY cannot be held responsible for any loss or damage occurring during transport, it is therefore recommended that the CUSTOMER use a tracked shipping service and keep all proof of return.

In the event of loss or damage during transport, THE CUSTOMER must contact their carrier directly.

MYLITTLEDAY will not be able to process products not received in the warehouse.

The right of withdrawal is exercised under the same conditions from the order, before delivery.

If the right of withdrawal is exercised after the departure of the goods from the warehouse, the return costs remain the responsibility of the CLIENT.

The risks associated with the return of the products are the responsibility of the CLIENT. COD shipments are not accepted. Only the price of returned products is refunded. The initial shipping costs remain the responsibility of the CLIENT.

ARTICLE 15 - INTELLECTUAL PROPERTY

MYLITTLEDAY.FR is the holder of the intellectual property rights on the site and the right to distribute the elements appearing in the catalog of the online store and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.

As such and in accordance with the provisions of the intellectual property code, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the product catalog, their use and their provision to third parties are formally prohibited unless express and explicit authorization is obtained from MYLITTLEDAY.FR.

ARTICLE 16 - COMPUTER AND FREEDOMS

The personal data provided by THE CUSTOMER is necessary for the processing of his order and the establishment of invoices.

The information collected may also be used to offer THE CUSTOMER similar products and send mailings relating to promotional or advertising operations of MYLITTLEDAY.FR, in the context of commercial or marketing operations.

When communicating their contact details, THE CUSTOMER may choose not to subscribe to the newsletter by not checking the relevant box.

THE CUSTOMER can also unsubscribe at any time by clicking on the link at the end of emails from MYLITTLEDAY.FR or by contacting MYLITTLEDAY.FR.

The data collected is confidential and MYLITTLEDAY.FR undertakes not to communicate, free of charge or with compensation, the CLIENT's contact details to a third party other than its partners responsible for the execution, processing, management and payment of orders. .

All information relating to compliance with the General Data Protection Regulation (EU Regulation 2016/679) by MYLITTLEDAY is available on the website www.mylittleday.fr on the “Personal data and privacy policy” page.

Processing of information communicated through the website www.mylittleday.fr has been declared to the National Commission for Computing and Liberties (CNIL).

In accordance with law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, modified by law n°2004-801 of August 6, 2004, THE CUSTOMER has a right of access, rectification and, subject to the legal provisions applicable to the matter, deletion of information concerning him.

ARTICLE 17 – PARTIAL NON-VALIDATION

If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain all their strength and reach.

ARTICLE 18 - LIABILITY

This contract is subject to French law, excluding the provisions of the Vienna Convention.

MYLITTLEDAY.FR cannot be held liable for damages of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products marketed.

The same applies to any modifications to the products resulting from the manufacturers.

The liability of MYLITTLEDAY.FR will, in any case, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have persisted despite all the precautions taken in the presentation of the products.

MYLITTLEDAY.FR is only bound by an obligation of means, in the online sales process.

MYLITTLEDAY.FR cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption or other involuntary problems.

ARTICLE 19 - MEDIATION AND COMPETENT COURTS

In the event of a dispute, the member should first contact MYLITTLEDAY, on 01 75 44 33 80, to obtain an amicable solution.

In the event of failure of the complaint request to the consumer service or in the absence of a response from this service within two months, THE CUSTOMER may submit the dispute opposing it to MYLITTLEDAY.FR to a mediator in accordance with articles L. 612-1 to L. 612-5 of the consumer code.

To submit his request for mediation, THE CUSTOMER must contact DEVIGNY MEDIATION:

- electronically: www.devignymediation.fr

- by post: SARL DEVIGNY MEDIATION, 11 rue de l'étang, 49220 - Thorigné d'Anjou

The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

In the absence of mediation and/or amicable resolution, the courts of France will have sole jurisdiction, notwithstanding multiple defendants or warranty claims.