Terms of Sales

Article 1 – GENERAL

These General Conditions of Sale encompass the rights and obligations of the parties in the context of the sale of Pipolino products supplied by SAS PIPOLINO to the customer.

The customer declares to have read and accepted the rights and obligations relating thereto.

SAS PIPOLINO is a limited liability operating company under French law with a capital of €7,500, whose registered office is located at S.O.M.A.F, Arénice 6th floor, 455 Promenade des Anglais, 06000 NICE and registered in the Antibes Trade and Companies Register under number 2007 B848, SIREN 499941490.

Article 2 – ORDER TERMS

By ordering, the buyer declares that he fully and unreservedly accepts all of these General Terms and Conditions of Sale.

For deliveries and services outside French territory, the provisions of the General Tax Code relating to VAT will apply.

The products remain the property of the supplier until full payment of the price.

For deliveries outside French territory, full payment of the corresponding invoice may be required by SAS PIPOLINO.

Article 3 – PAYMENT

Payment for orders is made by credit card.

Article 4 – LATE PAYMENT

Beyond this legal payment deadline, recovery action may be taken by SAS PIPOLINO.

According to Article D. 441-5. of the Commercial Code, the amount of the lump sum compensation for recovery costs provided for in the twelfth paragraph of I of article L. 441-6 is set at 40 euros.

All other costs necessary for the recovery of debts will be borne by the creditor.

Article 5 – DELIVERY

The products will be sent to the delivery address that the buyer has indicated during the ordering process.

Participation in shipping costs is inclusive of VAT.

Delivery will be made as soon as possible, depending on the mode of transport chosen by mutual agreement between the buyer and SAS PIPOLINO, at the express request of the buyer, or failing that by SAS PIPOLINO alone.

The delivery time indicated when registering the order is given only as an indication and is in no way guaranteed.

Delivery is available in metropolitan France and in most European countries.

Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer’s benefit to:

• the award of damages;
• the cancellation of the order.

The risk of transport is borne in full by the buyer.

In the event of missing or damaged goods during transport, the buyer must formulate all the necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered post sent to the company.

Article 6 – INTELLECTUAL PROPERTY

The logo and PIPOLINO products are protected by copyright, trademark law, patent law and image rights, for the whole world. They are the full and entire property of SAS PIPOLINO.

As such and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to different or even more restrictive provisions of the intellectual property code, is authorized.

Any other use constitutes infringement and is punishable under Intellectual Property law unless prior authorization is obtained from SAS PIPOLINO.

Any dispute will be the responsibility of the Courts of the Alpes Maritimes.

Article 7 – MODIFICATION OF THE GENERAL CONDITIONS OF SALE

SAS PIPOLINO reserves the right to modify the general conditions of Sale and Use.

In the event that any of the terms of the General Conditions of Sale and Use would be considered illegal or unenforceable by a court decision, the other provisions will remain in force.

Article 8 – WITHDRAWAL PERIOD

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty or bear any costs other than those of returning the product, for the purpose of exchange or refund. The refund will be effective provided that the products are returned in their original packaging and in perfect condition within 14 days of notifying the Seller of the Customer’s decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition. The withdrawal request can be made by any means and a form is available in the customer area to assist the Customer if necessary.

Damaged, soiled or incomplete products will not be returned or refunded.

The right of withdrawal can be exercised online on his account, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or by post to the following address: SAS PIPOLINO, S.O.M.A.F, Arénice 6th floor, 455 Promenade des Anglais, 06000 NICE, or via the online form, or any other declaration, free from ambiguity, expressing the desire to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded, with the exception of additional costs resulting from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered; the return costs remaining the responsibility of the Customer.

In the event of withdrawal on part of the order, the delivery costs will not be reimbursed in full but in proportion to the part of the order returned, unless the delivery costs do not vary according to the number of items ordered.

If the product includes a warranty sheet or any other document to be completed, this must not be completed in order for the buyer to exercise their right of withdrawal.

The Customer must return or deliver the goods to the address provided by our customer service.

The Customer can return the package with the carrier of their choice.

If the package arrives damaged, the Seller reserves the right:

• To refuse the package so that the customer can open a dispute with the carrier,
• Accept the package with reservations. The Seller’s Returns Department will inform the Customer of the damage so that the Customer can open a dispute with the carrier.

In any case, if a returned item is damaged during transport, the Seller will not be able to refund it. The Customer must request a refund directly from the carrier.

On the other hand, personalized products (medals for example) will not be able to benefit from the right of withdrawal in accordance with article L.221-28 3° of the Consumer Code.

The refund will be made within 14 days of notification to the Seller of the decision to withdraw. The Seller will make the refund using the same means of payment as the Customer used, unless both parties agree otherwise.

Article 9 – LEGAL GUARANTEES

The products sold on the site comply with the regulations in force in France and have performances compatible with non-professional uses.

The products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:

• of the legal guarantee of conformity, for products which are apparently defective, damaged or damaged or do not correspond to the order,
• the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).

In order to assert his rights, the Customer must inform the Seller, in writing, in particular via the contact form available on the site, of the non-conformity of the products within a maximum period of 24 months from the delivery of the Products or the discovery of hidden defects within the time limits referred to above and return the defective products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).

The Seller will refund, replace or repair any products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.

Refunds for products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller’s discovery of the lack of conformity or within a reasonable period in the case of a hidden defect.

The refund will be made by transfer to the Customer’s bank account or by bank check addressed to the Customer.

The Seller shall not be held liable in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check,
• in the event of misuse, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the product, accident or force majeure.

The Seller’s warranty is, in any event, limited to the replacement or reimbursement of non-compliant or defective products.