LE PETIT DAKAROIS
You will find below all the legal information relating to our activity:
Online sale of the products of the brand ” Le Petit Dakarois ” by the company LPDKR SAS.
The company LPDKR SAS (Commercial name: Le Petit Dakarois), with a capital of 10,000 euros, having its headquarters at 5 bis villa Jarlet, 94100 Saint Maur des Fossés, FRANCE, is registered in France at the RCS of Créteil under the number 848 428 058, publisher of the www.lepetitdakarois.com website.
Le Petit Dakarois is committed to making its best efforts to ensure that users and clients can access the site at all times. The www.lepetitdakarois.com website is available 7/7 days and 24/24 hours except in cases of force majeure such as technical, maintenance or telecommunication difficulties.
ARTICLE 1: GENERAL CONDITIONS OF USE
Any access and/or use of the site www.lepetitdakarois.com implies the respect of all the provisions of the present general conditions and their acceptance. They therefore constitute a contract between Le Petit Dakarois and the User/Client.
The General Terms and Conditions of Sale are archived on the site www.lepetitdakarois.com (hereinafter referred to as “the site”). The Client may retrieve them at any time.
Purchases of Products on the site are reserved for natural persons, not acting within the framework of their professional activity, who are over 18 years of age and have full legal capacity. The Site does not allow the purchase of products for resale.
Any order of a Product offered on the Site implies the User’s full and complete adherence to these General Terms and Conditions of Sale.
References such as “we”, “us” or “our” in the context of these Terms and Conditions of Sale designate Le Petit Dakarois, and any reference to “you” or “your” designates you as a user or client of the Website.
ARTICLE 2: PLACING AN ORDER
You can place orders on our website www.lepetitdakarois.com 24/24h and 7/7 days a week.
The ordering process consists of four (4) successive steps.
Once you have made your choice of Products (size, colour, quantity, even length), and your basket has been validated, you must :
- Identify yourself.
- Choose your mode of delivery: to your home or to a relay point.
- Choose your method of payment.
- Accept the general conditions of sale by ticking the box provided for this purpose on the summary page of your order. The validation of the order implies the irrevocable adhesion to the present GCS.
The payment will formalize in a firm and definitive manner the sales contract that binds you to Le Petit Dakarois.
You can view and modify the items in your order at any time by clicking on “My basket”.
Once the order has been validated, you will automatically receive an email confirming your order, including a summary of the items ordered.
Once your order has been confirmed and on condition that you have obtained prior authorisation to debit your account, Le Petit Dakarois will proceed with its dispatch.
ARTICLE 3 : THE PRODUCTS’S AVAILABILITIES
Items visible on the site are available while stocks last. In the event of a debit or collection for the order of an unavailable item, Le Petit Dakarois undertakes to offer a credit note or to reimburse the client within 14 days.
Le Petit Dakarois undertakes to notify the client by e-mail if the client has placed an order for an unavailable item.
The means made available to you to retract an order are described in the article “right of retraction”.
ARTICLE 4 : PRODUCTS INFORMATION
Le Petit Dakarois strives to provide customers and users with information on the characteristics of its products, notably by means of “Product Sheets”.
Only the Products appearing on the Site on the day of the order by the Client are offered for sale. The photographs, graphics and visuals presented on the website www.lepetitdakarois.com are intended to illustrate the Products offered for sale and are non-contractual. The client may refer to the Product Sheets to know the characteristics of the Products.
ARTICLE 5 : PRICE AND PAYMENT
The sales prices are indicated in Euros and include all taxes, excluding delivery costs (see article 4 for details of delivery costs).
The Value Added Tax (VAT) is that in force on the day of the order on French territory.
The prices applied are those appearing on the site at the time of the validation of the order. The prices can be modified at any time by the seller, without notice, and in particular in the event of a change in fiscal or economic data.
The price of the Products purchased is payable in cash, in full on the day the order is placed by the Customer.
The items ordered must be paid for in euros and online. Bank charges incurred by the payment shall be borne by the Customer.
The delivered goods remain the property of the seller until full payment has been made. Le Petit Dakarois shall not be required to deliver the Products ordered by the Client if the price has not been paid in full beforehand.
Online payment shall be made by credit card. You certify that you are the holder of the bank card used to pay for your items.
A summary invoice of the order will be available as soon as the order is dispatched.
ARTICLE 6 : COSTS AND COUNTRY DELIVERY
6.1 Delivery in France and abroad:
We deliver the products in metropolitan France, including Corsica, Switzerland, the countries of the European Union and abroad.
6.2 Methods of delivery
Colissimo – home
The package is hand-delivered to you or delivered to your mailbox. If it is not big enough to be delivered to a letterbox, it will be made available to you at the post office to which you are attached. You will have 10 working days from the time the parcel arrives at the post office to collect it. After this period, it will be returned to the sender.
Mondial relay – pick-up point in metropolitan France
Delivery of your package to the pick-up point you selected when you placed your order.
You will be notified of the arrival of your package at the pick-up point by email and/or SMS.
The parcel will be given to you in presentation of an identity document and against signature, proving the delivery of the parcel to the addressee.
You will have a period of 14 calendar days from arrival at the drop-off point to collect the package. For countries: Spain, Italy, Portugal, Belgium, Luxembourg, Germany and the United Kingdom, deliveries via Mondial Relay are made to your home.
6.3 Delivery costs
– Worldwide relay delivery for all orders over 50 euros.
– For Colissimo delivery, a supplement of 5 euros will be applied.
– Worldwide relay delivery is available in some countries for a cost of 5 euros.
– Colissimo delivery: 10 euros.
– Colissimo delivery: 6 euros.
Maghreb (Algeria, Morocco, Tunisia) :
– Colissimo delivery: 15 euros excl. tax
USA, Australia, Canada, China, South Korea, India, Israel, Japan, Singapore, Thailand, Vietnam, Russia :
– Colissimo delivery: 20 euros excl. tax
Rest of the world:
– Colissimo delivery: 25 euros excl. tax
6.4 Customs charges for orders outside the European Union :
For customers residing outside the European Union and in the French Overseas Departments and Territories, the prices invoiced will be exclusive of tax. These prices must be understood as “delivered duty unpaid” (or DDU “Delivery Duty Unpaid”), as it is materially impossible for Le Petit Dakarois to provide customers with accurate information on the total amount of fees relating to customs duties and formalities, import taxes applicable in the country where delivery is requested.
The payment of these fees that may be necessary for the entry of the products ordered into the territory of delivery is the sole responsibility of the customer.
Refusal of payment by the customer of the customs fees will not lead to the cancellation of the order nor to its refund. Any transport and customs clearance costs paid by Le Petit Dakarois to recall the order will be charged to the customer.
ARTICLE 7: DELIVERY TIMES
We prepare and dispatch your parcels within 24 hours (excluding weekends and holidays). he customer will be notified by e-mail as soon as his parcel is dispatched and will receive the order tracking number to be kept informed of the correct routing of his parcel.
The products purchased by the customer are generally delivered within 2 to 8 working days in metropolitan France. In all cases the products are delivered within a maximum of 30 days from the date of full payment. If this period is exceeded, the customer may request the immediate cancellation of the sale by sending an email to firstname.lastname@example.org and obtain a refund of the sums paid in connection with this sale.
If you place an order for several products, we may have to send them to you in several times.
Before placing your order, you will be informed of the information concerning the expected delivery times with an indicative delivery date.
The products ordered will be delivered to the delivery address you indicated at the time of your order. We cannot be held responsible in the event of an incorrect or incomplete address.
ARTICLE 8: PAYMENT AND SECURITY
The payment of the purchases will have to be carried out using a bank card (Bank Card, Visa, Mastercard, American Express).
The order will be registered as soon as the payment is accepted by the banking service. You must enter the type of card, the name on the card, the card number, the expiry date and the security code located on the back of the card in the spaces provided for this purpose.
Your bank account will be debited at the time the order is placed.
We implement all means to ensure the confidentiality and security of data transmitted on the web and on the www.lepetitdakarois.com website.
ARTICLE 9: RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, you have a period of 30 days from receipt of your products to exercise your right of withdrawal from the Petit Dakarois without having to justify your reasons or pay a penalty. The starting point of the period is the day of receipt of the order by the CUSTOMER or by the third party designated by the CUSTOMER. If the 30-day period expires on a Saturday, Sunday or public holiday or day off, it is extended until the first following working day.
To exercise your right of retraction, you must inform Le Petit Dakarois of your decision to retract by sending us an email at email@example.com, before the expiry of the 30-day period.
Returns must be made in a single parcel in their original condition and complete (packaging, accessories, original labels not cut out, etc.) allowing the Product(s) to be remarketed as new. Products returned incomplete, damaged, soiled or with a detached label will not be taken back or reimbursed. If the return is refused, the items will then be returned to the customer.
Upon return, the customer will receive a credit note for the amount of his initial order (excluding delivery costs 8 euros). At the customer’s request, a refund may also be applied (excluding delivery costs of 8 euros).
ARTICLE 10 : RETURN
Regardless of the withdrawal period mentioned above, you have a period of 30 clear days from the date of receipt of the order to return the item(s) that do not suit you, and subject to compliance with the conditions set out below.
If we receive your items returned within a period of more than 31 working days from receipt of the products ordered, we reserve the right not to exchange or refund the products. The items will be returned to you.
10.2 Return conditions and procedure
Any request for return must be made within 30 days of receipt of the order, by email to firstname.lastname@example.org. Add an explanation, so that we understand the cause of your return (unsuitable size, stunned access at the time of order).
If you live in metropolitan France, you will receive by email a return slip to be printed and pasted on the return package. If you live outside metropolitan France, the return costs will be at your expense.
10.3 Condition of the products
Returns are to be made in a single parcel in their original condition and complete (packaging, accessories, original labels not cut out, …) allowing the remarketing of the Product(s) in new condition.
The package must contain :
- The products in perfect condition with the original label not cut out
- Any accompanying accessories
Products returned incomplete, damaged or soiled will not be taken back or refunded. If the return or exchange is refused, the items will then be returned to the customer.
10.4 Return shipping costs
For metropolitan France, shipping costs for returns are free (except during promotional periods and sales) via Mondial Relay.
For other countries, shipping costs for returns are at the customer’s expense.
10.5 Refund of Returns
When the right of withdrawal is exercised, and if the above-mentioned conditions are met, Le Petit Dakarois will reimburse you for the price of the product(s) purchased (excluding transport costs of 8 euros) within thirty (30) days at the latest from the date on which Le Petit Dakarois is informed of your decision to withdraw.
Le Petit Dakarois may defer reimbursement until the products have been retrieved or until you have provided proof of shipment of the goods.
Refunds will be made by Le Petit Dakarois using the same payment method you used for the initial transaction.
Only the cost including tax of the products purchased will be refunded (shipping costs will not be refunded).
10.7 Terms of exchange :
Le Petit Dakarois does not offer a standard exchange when ordering on its e-shop.
The customer will receive a credit note for the total amount of the initial order, or a refund (shipping costs will not be refunded).
The customer must follow the usual return procedure.
Once the reception and verification of the respect of the conditions of the state of the products, Le Petit Dakarois will proceed to send the credit note or the refund.
10.8 Return address
Your package is to be returned to the following address:
For the attention of LPDKR SAS
Le Petit Dakarois
5 Bis villa Jarlet
94100 Saint Maur des Fossés
ARTICLE 11: LEGAL GUARANTEES
All our products are covered by the legal guarantee, provided that they have been used normally and that the maintenance advice has been followed. If there are defects in the goods you have purchased, Le Petit Dakarois complies with all legal regulations in terms of warranty.
Legal guarantee of conformity and guarantee of hidden defects
The products benefit from the legal guarantee of conformity (article L 211-4 and following of the Consumer Code) and the guarantee of hidden defects (article 1641 and following of the Civil Code). Any guarantee is excluded in the event of damage of external origin or resulting from misuse, non-conforming use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the product.
- Article L211-4 of the Consumer Code: the seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery (…).
- Article L211-5 of the Consumer Code: to be in conformity with the contract, the good must :
- Be fit for the use usually expected of a similar good and, where appropriate: correspond to the description given by the seller and possess the qualities that the seller has 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, particularly in advertising or labelling;
- Article L211.7 Consumer Code: defects of conformity that appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
- Article L211-9 of the French Consumer Code: in the event of a lack of conformity, the buyer chooses between repairing or replacing the goods. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the good or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible, according to the method not chosen by the buyer.
- Article L211.10 Consumer Code: if the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded. The same option is offered to him:
- If the solution requested, proposed or agreed in application of article L.211-9 cannot be implemented within one month following the buyer’s complaint;
- Article L211-12 Consumer Code: the action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
- Article L211-13 Consumer Code: the provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognised by law.
- Article 1641 of the Civil Code: the seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
- Article 1648 paragraph 1 of the Civil Code: the action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect. The guarantor of the defects of the item sold is SAS H&V, whose registered office is located at 7 rue Joseph Dijon, Paris, France. When acting under a legal guarantee of conformity, the customer, has a period of two years from the delivery of the good to act and can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 211-9 of the Consumer Code, is exempted from having to provide proof of the existence of the defect of conformity of the good during the 6 months following the delivery of the good. The legal guarantee of conformity applies independently of any commercial guarantee that may be granted. The customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code and may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Methods of return and reimbursement of defective or non-conforming products
The Client requesting the benefit of the legal guarantee of conformity or hidden defects must then return the item within the aforementioned time limits to the Petit Dakarois accompanied by an explanatory letter. In the event of return of a defective or non-compliant product, once Le Petit Dakarois has ascertained that the product is defective or non-compliant, Le Petit Dakarois will reimburse the Client for the price of the item(s) concerned, the return shipping costs and, in the event of return of the entire order, the shipping costs.
ARTICLE 12: PERSONAL DATA
Registration of your personal data
Le Petit Dakarois is responsible for the processing of your personal data.
The information you provide us with in connection with your orders is intended for and used for the processing and tracking of your orders, after-sales service for products ordered on our Site and marketing management (Newsletter, emailing…) and customer relations for your customer account.
The data concerning you may be transmitted to Le Petit Dakarois service providers for the purposes of order processing and after-sales service as well as for marketing management and customer relations, it being specified that some of these service providers are located outside the European Union.
The data concerning you may also be communicated to our partners for canvassing purposes by non-electronic means, in particular by post or telephone. You may oppose this communication by e-mail to the following address email@example.com or by post addressed to 5 bis villa Jarlet, 94100 Saint Maur des Fossés.
Right of opposition, correction or deletion of your personal data
In accordance with the provisions of the French Data Protection Act of 6 January 1978, you have the right to access, oppose, rectify and delete your personal data held by Le Petit Dakarois at any time, by writing by email or by post to the above addresses.
You may request reimbursement of the stamp used to exercise the above-mentioned rights. Simply specify this when sending your letter. Reimbursement will be made on the basis of the current slow rate, at the rate of one stamp per envelope.
ARTICLE 13: COOKIES
A cookie may be automatically installed on your browser software when you visit www.lepetitdakarois.com. A cookie is a data record that does not allow the user to be identified but it records information relating to the user’s browsing on the site. You can oppose the recording of these “cookies” by configuring your computer according to the procedures detailed on the site https://www.cnil.fr/.
ARTICLE 14: LIABILITY
LE PETIT DAKAROIS is automatically liable to the client for the proper execution of the contract concluded with the client.
However, the responsibility of LE PETIT DAKAROIS may be engaged for the non-execution or poor execution of the contract concluded in the event of force majeure, the occurrence of a fact attributable to the client or any inconvenience, unforeseeable and insurmountable damage inherent to the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
The website LE PETIT DAKAROIS contains hypertext links that may lead to other websites. LE PETIT DAKAROIS cannot be held liable for the content of these websites if they contravene the legal and regulatory provisions in force.
The photographs and illustrations accompanying the products on our website have no contractual value and therefore cannot engage the responsibility of LE PETIT DAKAROIS.
ARTICLE 15: INTELLECTUAL PROPERTY RIGHTS
All elements of the Website are the exclusive intellectual property of PETIT DAKAROIS.
The use of the Website does not authorise you in any way to exploit or reproduce the designs and models. You have no copyright, trademark rights or any other intellectual property rights.
The trademarks and distinctive signs of the Products on the Website are protected under trademark law; the reproduction or representation of any element is strictly prohibited.
The Website that is made available to you is intended solely for your personal, private and non-commercial use. The content of the Website may not be used for any other purpose whatsoever without our express written consent.
ARTICLE 16: APPLICABLE LAW – DISPUTES
These general conditions of use and sale are subject to French law. In the event of persistent disagreement on the application, interpretation and execution of the present terms and conditions, and in the absence of an amicable agreement, any dispute shall be subject to the competent French courts.
ARTICLE 17: LEGAL INFORMATION
- Owner: LPDKR SAS , a simplified joint stock company with a capital of 10,000 euros, headquartered at 5 bis villa Jarlet, 94100, Saint Maur des Fossés, France, registered with the Créteil Trade and Companies Register under number 848 428 058 Publisher and Internet integrator: woo commerce