General conditions of sale

Article 1: Identification of the seller and scope of application of the General Conditions of Sale

These general terms and conditions of sale apply to the sales defined below and carried out by the company Pamplemousse Peluches, a simplified joint-stock company with a share capital of €5,000, whose registered office is located at 1 hameau de Puisieux – 02240 Cerizy – France, registered in the Saint-Quentin trade and companies register under number 813 147 899. Its SIRET number is 8131 4789 90 0013 and its intra-community VAT number is FR 2181 314 78 99. Its telephone number is: +33 (0)3 23 04 26 07 and its email: contact(at)pamplemoussepeluches.com

Any natural person visiting and/or wishing to make a purchase via the website www.pamplemoussepeluches.com; this site is accessible via the URL www.pamplemoussepeluches.com.

Hereinafter “the User”

These terms and conditions aim to define the terms of distance selling between Pamplemousse Peluches and the User, from ordering to payment and delivery. They regulate all the steps necessary for placing the order and ensure the tracking of this order between the contracting parties.

The order implies prior and irrevocable acceptance of the general conditions of sale. The User thus acknowledges having read, understood and accepted said conditions by checking, at the time of placing the order, the box: "□ I have read and accept the general conditions of sale and I understand that placing this order requires payment"

The general conditions may be subject to modification; the applicable conditions are those in force on the site www.pamplemoussepeluches.com on the date the order is placed by the User.

The User declares:
– Have the capacity to enter into this contract: minors, as well as persons under guardianship or curatorship who do not have the express authorization of their legal guardian, are excluded.
– Make purchases only for personal use and do not purchase products for the purpose of reselling them
– Not being a trader

Article 2: Products

The Products offered for sale by Pamplemousse Peluches are those appearing on the site www.pamplemousspeluches.com, on the day the User consults the site.
Products are offered for sale while stocks last. Product availability is checked by Pamplemousse Peluches at the time the order is prepared.

In addition to the photographs reproduced and illustrating the Products presented, the User is invited to consult the description of each Product to learn about its characteristics. Pamplemousse Peluches undertakes to reproduce the products as faithfully as possible; however, a slight discrepancy compared to the presentation visuals cannot be completely excluded.

Article 3: Price

Prices are shown in euros, including VAT and excluding delivery costs, which remain the responsibility of the User, unless otherwise stated. Delivery costs are indicated when the order is placed, in accordance with the terms of Article 6.

The prices indicated include the VAT applicable on the day of the order. If the rate were to change, these changes could be reflected in the price of the Products without the User being informed in advance.

Pamplemousse Peluches reserves the right to modify its prices at any time. Products will be invoiced based on the rates in effect at the time the order is placed.

Article 4: Order

Any order constitutes express and irrevocable acceptance of the prices and descriptions of the Products available for sale. Validation of the order therefore constitutes express acceptance of the general conditions of sale.

4.1 Validation of the basket

The User selects the Products he wishes to order by clicking on the “□ Add to cart” box. The selected Products are then listed in the “Cart” tab.

The user can thus check the details of their order in this tab (example: products, quantities, price, size, color).

At this stage, the user is offered several options:
– If the User has a promotional code, he is invited to enter it before confirming his basket

4.2 Creation of a User account

To create a User account, the User will be asked to complete a form and provide the following mandatory information: title, surname, first name, email address, postal address, telephone number.

If the User wishes, they can log in to their account again during their next visits using the identifiers provided (email address and password).

However, the User has the option to continue their order without creating a User account by logging in as a guest. The User must then provide an email address, title, first name, last name, address, and telephone number.

4.3 Choice of delivery method and payment method

Once the basket has been validated, the User is asked to specify the delivery method they wish to use, in accordance with article 6 of these General Terms and Conditions.

The user then selects their payment method, in accordance with article 5 of these T&Cs.

In order to allow the User to return to their order before finally confirming it, Pamplemousse Peluches has created validation and acceptance screens. The order will only be definitively registered upon the final validation of the order payment screen, that is to say once the User has accepted the general conditions of sale and clicked on the boxes:
“□ I have read and accept the T&Cs and understand that placing this order requires payment.”
“□ Pay for my order”.
From the last click of acceptance, the order is considered irrevocable.

4.4 Order tracking

A first email summarizing the User's choices is sent as soon as the order payment is validated. A second email summarizing the Products shipped and invoiced is sent when the order is shipped. The unavailability of a Product will therefore be indirectly reported to the buyer via this email.

Once the order has been validated on the site, the User can track its processing at any time.

To benefit from this service, the User simply needs to log in to their account on the site and access the “My orders and returns” section. In the event that the User places an order as a guest, i.e. without creating a User account, they will still be able to track their order using the tracking number indicated in the order confirmation email.

For each order, the status is indicated:

Order registered (your credit card payment has been validated)
Order in preparation (your order is being prepared in our warehouses)
Order shipped: depending on your delivery choice, your order has been dropped off and is available to you at the collection point you selected when ordering (you have access to your order's tracking number to follow its delivery).

For more information on the placement, tracking or execution of your order, questions on delivery times, the conditions for exercising your right of withdrawal or any other question, the User can contact PAMPLEMOUSSE PELUCHES from

France by phone: +(0)3 23 04 26 07 (non-premium rate call)
And/or to the email address: contact@pamplemoussepeluches.com

Article 5: Payment

5.1 The different means of payment

Orders placed on the website www.pamplemousspeluches.com can be paid by:

bank card We accept:
- Blue card
- Visa
- Eurocard / Mastercard / Maestro
- American Express

The amount is only debited from the User's account based on the Products actually shipped. The User who has placed an order will have the option to print their invoice by logging into the site, in the order tracking area provided for this purpose.

5.2 Payment security

To ensure payment security, Pamplemousse Peluches uses the secure payment service Stripe. Bank details are encrypted (SSL security standard) and therefore do not circulate unencrypted over the internet.

Stripe's payment interface uses 3D Secure technology. This is a system developed by the two bank card networks Visa and MasterCard to authenticate bank cardholders and thus prevent fraudulent use of their cards. In addition to the number, expiration date, and cryptogram, with the 3D Secure system, the cardholder must authenticate themselves on a bank interface to which they are automatically redirected, by entering a code or personal information that their bank will have previously sent them. Once authenticated, the cardholder will have their transaction authorized or declined by their bank.

5.3 Fraud

The User is reminded that payment card fraud is an offense punishable by Article L.163-3 of the Monetary and Financial Code:

"Any person who:

To counterfeit or falsify a check or other instrument referred to in Article L. 133-4;
To knowingly make or attempt to make use of a counterfeit or falsified check or other instrument referred to in Article L. 133-4;
To knowingly accept to receive payment by means of a counterfeit or falsified check or other instrument referred to in Article L. 133-4.

Article 6: Delivery terms

6.1 The different delivery methods offered

In order to facilitate the User's purchases, Pamplemousse Peluches offers different delivery methods which are as follows:

	Delivery costs*	Delivery times (working days)	Deadlines for implementation front layout return to the carrier	Territory available
Colissimo relay	7€ (free from 60€ purchase)	France: 2-5 days	10 days	France
Colissimo without signature	From €6.39 (shipping costs vary depending on the geographical area and the weight of the package)	3-5 days	10 days (if absence and unable to deliver it to the mailbox)	France
Colissimo with signature	From €7.39 (shipping costs vary depending on the geographical area and the weight of the package)	3-5 days	10 days (if absence and unable to deliver it to the mailbox)	France
Colissimo Expert	From €14.45 (shipping costs vary depending on the geographical area and the weight of the package)	3-8 days	15 days (if absence and unable to deliver it to the mailbox)	Rest of the World

* During commercial operations, certain delivery methods may be free subject to compliance with certain conditions set out in the “General Conditions of Use”.

6.2 Specificities according to the delivery method

Colissimo delivery

With Colissimo, the User remains informed of the different stages of delivery of their package by email and/or text message:

For delivery to a post office or a retailer: the User is informed as soon as their package is made available at the chosen post office or retailer.
For home delivery: the User will be notified 24 hours before the arrival of their package. If its size does not allow it to be delivered to a mailbox, it will be made available to them at the nearest post office.
If the User has not collected their package within 5 days, a reminder will be sent to them to collect their package.

In addition, the User can track their package on the website www.colissimo.fr by entering its number.

Delivery by Colissimo relay

The package will be delivered to the Relais Colis collection point chosen at the time of delivery (Colissimo relais reserves the right to modify the choice of the initial Relais point in the event of high activity such as during sales or Christmas periods).

6.3 Processing and delivery times

Ordered items are shipped to the delivery address you provided during the ordering process. Products are shipped no later than 15 days after receipt of the order and payment.

The delivery times indicated above are provided for informational purposes only. Pamplemousse Peluches cannot be held liable for any delay in delivery, for any reason whatsoever. Consequently, no claim for compensation of any kind may be made by the User against Pamplemousse Peluches.

However, if the delivery of the order has not taken place within the expected time, the User may ask Pamplemousse Peluches to make the delivery within a reasonable additional time by registered letter with acknowledgment of receipt.
Following this request and without respecting the new deadline, the User is entitled to cancel his order by sending a registered letter with acknowledgment of receipt to the company Pamplemousse Peluches, in accordance with article L.216-2 of the Consumer Code.

Furthermore, during sales, promotions or private sales periods and due to the large number of orders to be processed during these periods, order processing times may be longer.

6.4 Withdrawal Conditions

Once the package is available at the selected collection point, the User will be informed by email of its availability. To collect the package, the User must present proof of identity. The User is also advised to bring the email confirming the package's availability with them.

In the event that the customer does not collect their order within the delivery times mentioned in Article 6.1, the order will be automatically returned to Pamplemousse Peluches at the end of this period. The User will then be reimbursed for the total amount of their order.

Article 7: Retention of title clause

Until full payment of the order, Pamplemousse Peluches remains the owner of the Products ordered by the User.

The risks are transferred to the delivery service provider at the time of taking charge of the shipment of the order, then transferred to the User at the time of receipt of the order by the latter.

Article 8: Right of withdrawal

8.1 Information on the User's right of withdrawal

In accordance with Article L.121-20-12 of the Consumer Code, the User has the option of exchanging the Products ordered or obtaining a refund if he is not entirely satisfied.

From the date of receipt of the Product, the User has a period of:

14 days to exercise your right of withdrawal.

Exchanges and refunds will only be accepted for unused, unwashed Products, with their labels and in their original packaging.
Furthermore, and in accordance with article L.221-28 of the Consumer Code, exchanges or refunds will not be accepted for Products made according to the consumer's specifications or clearly personalized (e.g.: engravings, embroidery, etc.).

8.2 Exercise of the right of withdrawal by the User

The User will inform Pamplemousse Peluches of his decision to withdraw by sending it, before the expiry of the aforementioned period:

Or any other unambiguous declaration, expressing his wish to withdraw by post to the following address:
Pamplemousse Peluches – 1 hamlet of Puisieux, 02240 CERIZY, FRANCE

The form or declaration must be accompanied by the products that the buyer is returning. The return procedures are further described in Article 10.

Article 9. Legal guarantee

The user benefits from the guarantee of hidden defects and conformity in accordance with the provisions of articles 1641 to 1649 of the Civil Code and articles L.217-1 to L.217-4 of the Consumer Code to obtain in court the repair or replacement of the goods and if impossible, the resolution or reduction of the price.

9.1 Legal guarantee of conformity:
Article L217-4 of the Consumer Code
“The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code
“To comply with the contract, the property must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”.

Article L 217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods”.

However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer." Article L217-11 of the Consumer Code: "The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost for the buyer." Article L217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed two years from the delivery of the goods."

9.2 Legal guarantee of hidden defects:
Article 1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which 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 1643 of the Civil Code
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644 of the Civil Code
In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded. Article 1648 paragraph 1 of the Civil Code

“The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”

In the event of a lack of conformity or hidden defects, you must return the Products to Pamplemousse Peluches by contacting our Customer Service.

Pamplemousse Peluches SAS

Customer service

1 hamlet of Puisieux – 02240 Cerizy, France

Article 10: Terms of exchange and reimbursement

Following the exercise of the User's right of withdrawal (Article 8) or in the event of finding non-conformity or a defect affecting the Products ordered (Article 9), the User may return the Products ordered according to the following terms.

Or ?	Pamplemousse Peluches 1 hamlet of Puisieux 02240 CERIZY FRANCE
What documents to transmit ?	Please remember to include a copy of your electronic invoice (available in the order tracking section of our website) with your shipment, as well as the withdrawal form attached to your order, duly completed and available on request at the following address: contact@pamplemoussepeluches.com
Refunds*	The refund will appear on the account linked to the payment method used to pay for the order. It will be visible within 4 to 5 business days (interbank delays).
Refund fees of delivery	Any initial delivery costs incurred will be fully refunded only if the entire order is returned. Furthermore, Pamplemousse Peluches is not required to refund additional costs if you have expressly chosen a more expensive delivery method than the standard delivery method offered by Pamplemousse Peluches. Return costs are your responsibility, as well as any possible shipping surcharges (specific shipping costs linked to the nature of certain items which cannot normally be returned by post).

Article 11: Intellectual Property

This entire site is protected by French and international intellectual property laws. All reproduction rights are reserved.

All texts composing the pages of this site may not, in accordance with the provisions of the Intellectual Property Code, be subject to any representation or reproduction, in whole or in part, on any medium whatsoever, without the express prior authorization of Pamplemousse Peluches. Similarly, the trademarks, trade names and logos appearing on this site are registered. Their total or partial reproduction, made from the elements of the site is prohibited.

Any User who has a personal website and who wishes to place, for personal use, a simple link on his site directly to the home page of the Pamplemousse Peluches brand site, must request authorization from the Pamplemousse Peluches company. Any other link whatsoever (in particular using the framing or in-line linking technique) is excluded.

Article 12: Personal data

Pamplemousse Peluches, the data controller, collects mandatory personal data marked with an asterisk. This data is necessary for processing, tracking, and delivering your order, as well as for issuing invoices. Furthermore, this data may be necessary to send offers, news, or personalized or non-personalized advertising, only if you accept them. Finally, it may also be necessary to manage membership in the loyalty program. It may also be used for statistical analysis.

Pamplemousse Peluches ensures that it takes all necessary measures, in accordance with the Data Protection Act of 6 January 1978 and the General Data Protection Regulation (GDPR) of 27 April 2016, to ensure the protection, confidentiality and security of personal data.

Article 13: Cookies

When visiting the website www.pamplemousspeluches.com, cookies are placed on the User's computer, mobile or tablet.

What is a cookie?
A cookie is a text file placed when you visit a website or view an advertisement. Its purpose is to collect information about your browsing and to send you services adapted to your device, in order to improve your browsing experience. This is one of the reasons why we use cookies, for example to identify you and access your account.

Article 14: Entirety

In the event that one of the clauses of this contract is null and void due to a change in legislation, regulation or by a court decision, this shall not affect the validity and compliance with the other clauses present within the general conditions of sale.

Article 15: Duration

These conditions apply for the entire duration that the services offered by Pamplemousse Peluches are online, and are subject to change.

Article 16: Liability

Pamplemousse Peluches is responsible for the proper execution of the obligations resulting from these general conditions of sale.

Pamplemousse Peluches will not, however, be liable for the total or partial non-performance of its obligations under this contract, if this non-performance results either from the buyer or from a case of force majeure as defined in article 1218 of the Civil Code.

In the event of force majeure, the Parties agree to consult as soon as possible to determine the terms of processing the order for the duration of the force majeure event. After a one-month interruption period due to force majeure, the Parties will be released from their obligations to each other. Failing this, Pamplemousse Peluches will reimburse the Buyer for the amount of their order as soon as possible.

Pamplemousse Peluches cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including a breakdown in service, external intrusion or the presence of computer viruses, or for events deemed to be force majeure, in accordance with case law.

Article 17: Applicable law and disputes

These general conditions of sale are subject to French law.

Any disputes that may arise regarding the validity, interpretation, execution or termination of this contract shall be subject to the jurisdiction of the French courts, notwithstanding multiple defendants and/or third-party claims, even for emergency procedures or interim relief proceedings in summary proceedings or by application.
The competent court in the event of a dispute will be that of the defendant's place of residence.

Furthermore, in accordance with Articles L 152-2 et seq. of the Consumer Code, the buyer is informed of the possibility of resorting free of charge, in the event of a dispute arising from an online or in-store purchase, to a conventional mediation procedure or any other alternative method of dispute resolution, provided that such a dispute could not be settled within the framework of a prior complaint directly submitted to the Pamplemousse Peluches Customer Service – or call Customer Service directly by telephone on: +33 (0)3 23 04 26 07

In accordance with article L616-1 of the Consumer Code, SAS Pamplemousse Peluches informs you of the existence of an amicable mediation system as part of the settlement of a possible dispute between the e-merchant and the consumer, with: MCP – Consumer Mediation

To submit your dispute to the mediator, you can (i) complete the form on the MCP website: www.mcpmediation.org , (ii) send your request by regular or registered mail to MCP Médiation, 12 square Desnouettes 75015 PARIS or (iii) send an email to: contact@mcpmediation.org or by telephone at: 01 40 61 03 33.