Article 1 - Entirety
These general terms and conditions express the entirety of the obligations of the parties. The purchaser is deemed to accept them without reservation.
These terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store saThe or saThe via other distribution and marketing channels.
They are available on the
www.petiteandsowhat.com website and will prevail, where applicable, over any other version or any other contradictory document.
Seller and Buyer agree that these terms and conditions shall exclusively govern their relationship. The seller reserves the right to EDIT these terms and conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
These terms and conditions are valid until December 31, 2025.
Article 2 - Contents
The purpose of these terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer from the
www.petiteandsowhat.com website
.
These conditions only apply to purchases made by buyers located in the European Union and Switzerland, and delivered exclusively to these territories. For deliveries outside these countries, please send an e-mail to
[email protected].
These purchases concern women's ready-to-wear items.
The purchaser declares that he/she has read and accepted these terms and conditions of sale before making an immediate purchase or placing an order. In this respect, they are enforceable against him/her in accordance with the terms of article 1119 of the French Civil Code.
Article 3 - Pre-contractual information
3.1 The purchaser acknowledges that, prior to placing an order and entering into a contract, he/she has been provided, in a legible and comprehensible manner, with these general terms and conditions of sale and with all the information listed in article L. 221-5 of the French Consumer Code.
3.2 The purchaser is provided with the following information in a clear and comprehensible manner:
- the essential characteristics of the good or service;
- the price of the good or service ;
3.3 The seller provides the buyer with the following information:
- its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and e-mail address;
- terms and conditions of payment, delivery and performance of the contract, as well as the professional's complaint handling procedures;
- in the case of a sale, the existence and terms and conditions of the legal guarantee of conformity provided for in articThe L. 217-1 et seq. of the French Consumer Code, the guarantee against hidden defects provided for in articThe 1641 et seq. of the French Civil Code, and, where applicable, the commercial guarantee and after-saThe service respectively provided for in articThe L. 217-15 and L. 217-17 of the French Consumer Code.
Article 4 - The order
The purchaser may place an order online, using the online catalog and the form provided therein, for any product, while stocks last.
In the event of unavailability of an ordered product, the buyer will be informed by e-mail.
For the order to be validated, the buyer must accept the present terms and conditions by clicking where indicated. They must also choose the delivery address and method, and finally validate the payment method.
The sale will be considered final:
- after the seller has sent the buyer confirmation of acceptance of the order by e-mail;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exEDIT and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problems with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.
In this case, the product order will be cancelled and reimbursed, but the rest of the order will remain firm and definitive.
For any question relating to the follow-up of an order, the buyer must send an e-mail to
[email protected].
Article 5 - Electronic signature
The double-click, at the validation of the cart and at the confirmation of the order will be worth proof of the agreement of the purchaser.
Article 6 - Order confirmation
An e-mail will be sent to the buyer to formalize the order confirmation.
Article 7 - Proof of transaction
Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8 - Product information
The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.
Product photographs are not contractual. They present the garments and accessories as faithfully as possible, but cannot ensure a perfect similarity with the products offered.
It is possible that the buyer, following an order, receives a piece previously returned by another buyer. Please note that Petite and So What checks returned products and accepts them only if they are unworn and intact.
Article 9 - Prices
The seller reserves the right to EDIT its prices at any time, but undertakes to apply the prices in force at the time of the order, subject to availability on that date.
Prices are given in euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order, and any EDIT in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment in full must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments.
If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this EDIT may be reflected in the selling price of the products.
Article 10 - Method of payment
This is an order with a payment obligation, which means that placing the order implies payment by the buyer.
To pay for his order, the buyer has the choice of all the methods of payment made available by the seller and listed on the seller's website. The buyer guarantees the seller that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment. The seller has set up an order verification procedure designed to ensure that no-one uses another person's bank details without their knowledge.
As part of this verification, the purchaser may be asked to send a copy of an identity document and proof of address to the seller by e-mail. The order will not be validated until the seller has received and verified the documents sent.
In the event of fraudulent use of the credit card, the purchaser is invited, as soon as this use is noticed, to contact the seller by e-mail at the following address
[email protected].
Payment via ALMA
Payment by instalments/deferred payment is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Purchase amount
- Payment in three instalments: Only purchases between €50 and €2,000 are eligible for payment with Alma.
- Payment in four instalments: Only purchases between €50 and €2,000 are eligible for payment with Alma.
Fees
By paying in instalments with Alma, the buyer pays no fees.
Alma is a telepayment manager and issues an electronic certificate as proof of the amount and date of the transaction in accordance with the provisions of articThe 1316 et seq. of the French Civil Code.
Cancellation
Any termination of the General Terms and Conditions between the seller and the buyer will result in the termination of the General Terms and Conditions between Alma and the buyer.
Article 11 - Product availability - Refunds - Resolution
Except in cases of Major force or when the online store is closed, which will be clearly announced on the home page of the site, shipping times will be as indicated below, subject to availability. Delivery times run from the order registration date indicated on the order confirmation e-mail.
For deliveries in mainland France, the delivery time is a maximum of 30 days from the day after the buyer places the order (excluding pre-orders). For deliveries within the European Union and internationally, the delivery time is a maximum of 40 days from the day after the buyer places the order.
In the event of non-compliance with the agreed delivery date or delivery period, the purchaser shall, before rescinding the contract, request the seller to perform within a reasonable additional period. In the event of failure to comply with this new deadline, the purchaser may freely cancel the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt, or in writing on another electronic or other medium.
The contract will be considered terminated on receipt by the seller of the letter or writing informing him of this termination, unThes the professional has performed in the meantime.
The purchaser may, however, cancel the contract immediately if he considers the above dates or deadlines to be an essential condition of the contract.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In accordance with article L. 242-4 of the French Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased.
In the event of unavailability of the product ordered, the purchaser will be informed as soon as possible and will have the option of cancelling the order. The purchaser may request reimbursement of sums paid within 30 days of payment. This period does not apply to pre-ordered items. In this case, the delivery time is that indicated at the time of pre-ordering.
Article 12 - Delivery terms
Delivery refers to the transfer of physical possession or control of the goods to the consumer. Delivery is only made after confirmation of payment by the seller's bank.
Products ordered are delivered as follows (France):
Relay point delivery with Mondial Relay
Home delivery with signature with Colissimo
Express delivery with Chronopost
Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. At the buyer's request, an invoice can be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the purchaser is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, allowing the purchaser to collect the parcel at the place and within the time indicated.
If products need to be returned to the seller, they must be returned to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Returns will only be accepted for products that are unworn, unwashed and labelled.
Article 13 - Transfer of risk
The buyer assumes full and exclusive risk of loss or damage to the products from the time of delivery.
Article 14 - Right of withdrawal
Before concluding the contract, the professional seller must provide the buyer with a withdrawal form.
In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exEDIT or refund without penalty.
Returns are to be made in their original packaging and condition, unworn, with the label, allowing them to be remarketed as new. Products that are damaged, have had the label removed, are dirty or incomplete will not be accepted.
There are two ways of exercising the right of retraction: by visiting the
Sympl "
returns platform or by using and sending the model retraction form (available in the appendix to the General Terms and Conditions of Sale), by post, to the following address: Petite and So What - Returns - 11 Boulevard de Strasbourg - 75010 Paris, France, or by e-mail to
[email protected]. Any other method of declaring withdrawal is accepted. It must be unambiguous and express the will to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and any costs incurred in returning the product(s) will be reimbursed.
Reimbursement will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.
ExEDITs are not possible. We invite you to reorder if you wish to try a different size or color.
All return requests must be made
via the Sympl platform.
For all returns made from Metropolitan France, a flat-rate contribution of 5 euros will be charged to the Customer and deducted from the refund.
Packages delivered to a collection point and returned to us will be charged €5.
Article 15 - Major force
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.
Major force is defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, beyond the parties' control and which the parties are unable to prevent, despite all reasonable efforts to the contrary. The following are expressly considered to be cases of Major force or fortuitous events, in addition to those usually accepted by the jurisprudence of French shorts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, epidemics, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the Major force event lasts longer than three months, the present terms and conditions may be terminated by the injured party.
Article 16 - Intellectual property
The content of the website (drawings, photographs, texts, etc.) remains the property of the seller, who alone holds the intellectual property rights to this content.
Purchasers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Article 17 - Data protection
The nominative data provided by the purchaser is necessary for the processing of his/her order and the preparation of invoices.
They may be communicated to the seller's partners responsible for executing, processing, managing and paying for orders.
The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him.
This right may be exercised in accordance with the terms and conditions set out on the
www.petiteandsowhat.com website
.
More information on personal data
here.
Article 18 - Partial non-validation
If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent short, the other stipulations will retain all their force and scope.
Article 19 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 20 - Title
In the event of any difficulty of interpretation between any of the titThe appearing at the head of the clauses and any of the clauses, the titThe will be declared non-existent.
Article 21 - Language of the contract
These general terms and conditions of sale are written in French. Should they be translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 22 - Mediation
The purchaser may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute, in accordance with articThe L152-1 of the French Consumer Code.
Article 23 - Applicable law
These general terms and conditions are governed by French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal ruThe. In the event of a dispute or claim, the buyer shall first contact the seller to obtain an amicable solution, and only the French shorts shall have jurisdiction.
Article 24 - Product warranty
Petite and So What, 13 Avenue des Tilleuls 92800 Puteaux is the guarantor of the conformity of the goods to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in ArticThe L. 217-4 et seq. of the French Consumer Code or the guarantee of defects in the thing sold as defined in ArticThe 1641 et seq. of the French Civil Code.
In the event of implementation of the legal warranty of conformity, please note that :
- the buyer has a period of 2 years from delivery of the goods to take action;
- the purchaser may choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-17 of the French Consumer Code;
- the buyer does not have to prove the existence of a lack of conformity during the 6 months following delivery.
Information on personal data, cookies and hyperlinks
here.
The following legal provisions apply:
Art. L217-4 of the French Consumer Code: " The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility. "
Art. L217-5 of the French Consumer Code: " The goods conform to the contract: 1/ If it is fit for the purpose usually expected of similar goods and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model ;(b) if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2/ Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter. "
Art. L217-12 of the French Consumer Code: " Action resulting from a lack of conformity is barred after two years from the date of delivery of the goods.
Art. L217-16 of the French Consumer Code: "When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.
This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.
Art. 1641 of the French Civil Code: " The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them. "
Art. 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by article 1642-1the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of the defects or apparent lack of conformity)".
Appendix 1: Model withdrawal form
Petite and So What - 11 Boulevard de Strasbourg - 75010 Paris, France
I hereby notify you of my withdrawal from the contract for the sale of the following item:
Ordered on (order date) / received on (delivery date)
Consumer name :
Consumer address :
Consumer's signature (only if this form is submitted on paper) :
Date :