Sales conditions

Terms and Conditions of Sale

Preamble

These Terms and Conditions of Sale apply to all orders placed on the website "www.poopoopidoo.net".

These Terms and Conditions of Sale are entered into, on the one hand, between:

  • The sole proprietorship (micro-entreprise) "Marie-Ange Tierce", whose registered office is located at 48 rte d'Angoulême, 16600 Magnac-sur-Touvre – France, registered with the Trade and Industry Register of Charente under number 512 854 712. Email address: contact@poopoopidoo.net Hereinafter referred to as "Poopoopidoo";

And, on the other hand:

  • Any natural or legal person (referred to as "the Buyer" or the "Customer") wishing to make a purchase via the website "www.poopoopidoo.net".

The parties agree that their relationship shall be governed exclusively by this contract, to the exclusion of any condition previously available on the Site. However, should any condition be lacking, it shall be deemed to be governed by the practices in force in the distance-selling sector, the company having its registered office in France.

The Customer acknowledges that, prior to any order, they have read all of the information above and these Terms and Conditions of Sale.

Article 1 – Purpose

Scope

The purpose of these Terms and Conditions is to define the contractual terms (rights and obligations) between Poopoopidoo and the Customer, whether a professional or a consumer, in connection with the sale of products by Poopoopidoo through its online store.

Term and amendment of the Terms and Conditions of Sale

These Terms and Conditions are valid as of 15/03/2019.

Poopoopidoo reserves the right to adapt or amend these Terms and Conditions at any time and without notice. In the event of an amendment, the Terms and Conditions in force on the day of the order shall apply to each order.

The Customer must be at least 18 years of age, legally capable of entering into a contract, and able to use this Site.

The resale or distribution of products purchased on the Site is permitted, except for de-labelled (dégriffage) goods.

Article 2 – Product availability

a) Product offers and prices are valid as long as they are visible on the Site, within the limits of available stock. In the event of product unavailability after an order has been placed, the Customer will be informed by email as soon as possible. Poopoopidoo will offer the supply of a similar product at an identical price. Failing acceptance, and if payment has already been debited, Poopoopidoo will refund the Customer within a maximum period of 14 days.

Owing to the specific nature of the Internet, Poopoopidoo does not guarantee the real-time availability of all products on its Site. Because of the artisanal nature of the products, some are already in stock while others must be made to order, which entails a maximum manufacturing time of 30 days for individuals on orders of textile items. Should additional time be required, Poopoopidoo will contact the Customer by email to set a new dispatch date for the order.

Delivery times for musical instruments are 8 business days.

b) Sales to professionals

The manufacturing time for the professional/reseller will depend on the volume of orders already being handled by Poopoopidoo, the size of the order requested by the professional, and the stock already available. The reseller must therefore contact Poopoopidoo before any order to find out the approximate manufacturing time and agree on a wholesale price.

Article 3 – Geographic delivery area

The products presented and sold on the Site may be delivered worldwide, within the limits of the destinations covered by postal services.

It is the Customer's responsibility to check, with the local authorities, the possibilities of importing or using the products they intend to order. The Customer understands and accepts that Poopoopidoo shall be released from any liability in this respect; consequently, no compensation shall be due to the Customer.

Article 4 – Deactivation of the Customer account

Failure by the Customer to comply with the obligations undertaken under these Terms and Conditions, as well as any conduct contrary to Poopoopidoo's interests, may result in suspension of access to the Site, or even termination of the account depending on the seriousness of the conduct in question, without any damages or compensation of any kind being claimable from Poopoopidoo.

Poopoopidoo reserves the right to refuse any order from a Customer with whom such a dispute exists, even if that Customer uses a new account.

Article 5 – Order confirmation

Any order placed with Poopoopidoo must be confirmed by Poopoopidoo for the order to be definitively accepted.

Poopoopidoo reserves the right to cancel any order from a Customer with whom a dispute exists relating to payment of a previous order, or in the other cases provided for in this contract.

Order confirmation will be sent by email to the Customer as soon as possible, provided that the Customer supplies a valid email address that is not subject to any usage restriction (a work email address, for example). In this specific case, Poopoopidoo cannot be held responsible for the non-receipt of the order confirmation, which sets out all the contractual information and constitutes proof of the transaction.

Article 6 – Prices

Prices are valid as long as they are visible on the Site, within the limits of available stock. Poopoopidoo reserves the right to modify prices at any time and undertakes to apply the rate in force on the date the order is validated.

Prices are stated exclusive of VAT, which is not applicable owing to Poopoopidoo's sole-proprietorship (micro-entreprise) status. Sale prices do not include shipping or insurance costs, which are charged in addition to the price of the products purchased, according to the order amount.

For delivery abroad, the Customer must pay any customs duties or other taxes due upon importation of the products into the country of delivery. The related formalities are also the sole responsibility of the Customer.

Article 7 – Payment methods

  • By bank card (Carte Bleue, Visa, Mastercard/Eurocard) via a secure payment interface offering maximum guarantees (secure entry with SSL encryption): by entering directly, in the field provided for that purpose, the card number without spaces between the digits, its expiry date, and its security code.
  • By PayPal: the Customer is then redirected to the PayPal platform and, as such, is subject to that platform's terms of use; this also means that no banking information concerning the Customer passes through the Site.
  • By bank card in 3 interest-free instalments with the ALMA option.

Article 8 – Retention of title

The documents and products supplied to the Customer are governed by the French Intellectual Property Code. They therefore remain the property of Poopoopidoo. It is consequently prohibited to reproduce the documents or products supplied without Poopoopidoo's consent.

Article 9 – Order fulfilment

Poopoopidoo reserves the right to refuse an order for a "legitimate reason" (as defined by case law), and in particular (without this list being exhaustive) in the event of:

  • product unavailability, abusive requests by the Customer, presumption that the Customer is unable to contract, or a clear intention by the Customer to harm Poopoopidoo;
  • fraud or attempted fraud relating to the use of the Site.

Poopoopidoo also reserves the right to refuse an order in the event of an obvious typographical error leading to the display of a "derisory price". Poopoopidoo will then contact the Customer to find out whether they wish to maintain or cancel their order at the price communicated to them.

Finally, Poopoopidoo reserves the right to refuse an order in the event of a dispute with the Customer, total or partial non-payment of a previous order, or refusal of bank authorisation during the online payment process.

In all other cases, Poopoopidoo undertakes to fulfil the order and to send the item(s) to the Customer within 30 days, or within the longer period previously agreed (see Article 2).

Order statuses:

  • "Unprocessed" means that the order has been validated but is being processed (being manufactured or prepared).

Article 10 – Invoicing

An invoice is automatically generated once the Customer's order has been confirmed by Poopoopidoo.

This document sets out in particular: Poopoopidoo's identification and contact details, the delivery costs, the payment and delivery terms, the essential characteristics of the product(s), the price, and the address to which complaints should be submitted.

Article 11 – Delivery to France

Products are shipped to the delivery address indicated during the ordering process. The Customer is informed by email when the order is dispatched.

I – Deliveries

a) Delivery via LA POSTE (standard delivery)

If the recipient is absent at the time of delivery, the carrier will leave a delivery notice. The Customer or recipient has the period indicated on the delivery notice to collect the parcel in accordance with La Poste's terms. After this period, the order will be automatically returned to Poopoopidoo, which will contact the Customer to define the terms of a possible re-dispatch. The processing costs of this new delivery will then be charged to the Customer.

Any failure to dispatch or any dispatch delay (other than by prior agreement by email with Poopoopidoo) beyond 30 days following the order date must be reported as soon as possible. The Customer is then entitled to cancel their order, by registered letter with acknowledgement of receipt or by writing on another durable medium, if — after having instructed Poopoopidoo, by the same means, to carry out the delivery within a reasonable additional period — the latter has not performed within that period.

The contract will be deemed terminated upon Poopoopidoo's receipt of the letter or writing informing it of this termination, unless Poopoopidoo has performed in the meantime. Poopoopidoo will refund the Customer no later than 14 days following the date on which the contract was terminated.

It is the Customer's responsibility to check the conformity of the goods delivered at the time of delivery and before signing the carrier's delivery note. The Customer must imperatively indicate on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (open package, damaged product, etc.). This check is deemed to have been carried out once the Customer, or a person authorised by them, has signed the delivery note. Poopoopidoo invites the Customer to refuse the goods if the product(s) have been seriously damaged.

b) Delivery via MONDIAL RELAY

To use Mondial Relay, the Customer must select this option at checkout. The choice of pick-up point (Point Relais) is made once payment has been completed. The Customer will be notified of the arrival of their parcel by email and/or SMS.

If delivery of the parcel to the destination Point Relais® is impossible, Mondial Relay may deliver it to the nearest Point Relais® and will notify the Customer. No refund of the service may be made on this basis.

The parcel is handed over to the Customer upon presentation of an identity document and against a digitised signature on the Point Relais terminal. The signature on the electronic terminal, as well as its reproduction, constitutes proof of delivery of the parcel to the recipient; the parties recognise this signature as having the same legal value as a handwritten signature.

Parcels are available at the Point Relais® for 5 calendar days in a locker and 8 calendar days at a pick-up point. They are handed over to an agent of the Customer upon presentation of an identity document of the agent and an identity document of the Customer, or upon presentation of a collection code depending on the pick-up point chosen.

If a parcel has not been collected within the holding period of 8 calendar days at a Point Relais® or 5 calendar days at a Locker, it will be re-dispatched to the Point Relais® or Locker where it had been deposited by Poopoopidoo. A re-dispatch is then possible, at the Customer's expense.

No complaint concerning damage or delivery may be taken into account after a period of 3 days following the delivery notice recorded by Mondial Relay's centralised computer system. In such a case, Poopoopidoo cannot be held responsible for the non-collection of a parcel, nor required to compensate the Customer.

c) Delivery by DELIVENGO

Delivengo is a tracked delivery method set up by La Poste in partnership with Asendia, for goods weighing 0 to 2 kg destined for countries outside the European Union. Delivery is made to the letterbox.

The delivery time varies, depending on the destination, between 7 and 15 business days, and up to around 30 days in the event of delay. Parcel tracking is available on the La Poste website.

d) Collection in person

Poopoopidoo will contact the Customer by email once the order is ready, to arrange a date for the Buyer to collect the order directly from the workshop, at 48 rte d'Angoulême, 16600 Magnac-sur-Touvre – France.

Article 12 – Right of withdrawal (European Union)

In accordance with Article L. 221-18 of the French Consumer Code, the Customer has a period of 14 days (including public holidays and Sundays) to exercise their right of withdrawal, without having to give reasons or pay penalties, except, where applicable, for return costs. This 14-day period runs from the date of receipt of the products ordered.

However, the Customer may not avail themselves of this right in the following cases:

  • the supply of goods made to the consumer's specifications or clearly personalised;
  • the supply of goods made to order;
  • the supply of goods that have been washed or used by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Poopoopidoo recommends that a Customer wishing to exercise their right of withdrawal make contact by email at contact@poopoopidoo.net. All the information necessary for returning the goods (procedure, documents to be returned to Poopoopidoo) will then be detailed to the Customer.

Parcels for which no enclosed item makes it possible to identify the sender (order number, surname, first name, address) cannot be accepted.

The product(s) must be returned in their new condition and original packaging, complete and accompanied by a copy of the purchase invoice. The products must not have undergone any alteration whatsoever. In addition, sale items must imperatively be returned and received by Poopoopidoo before the end of the sales period, failing which they cannot be accepted and will be returned to the Customer.

The Customer will be refunded within 14 days from the exercise of their right of withdrawal and from the recovery of the goods by Poopoopidoo.

The costs and risks associated with returning the goods are borne by the Customer who ships them. The return of the product(s) will give rise to a refund equal to the purchase price of the product(s) purchased.

Orders within the European Union

1) Refunds – general provisions

a) Refunds are made within 14 days following the date of the Customer's refund request. The Customer is refunded using the same means of payment used for their purchase.

b) Refunds of bank card payments will appear (depending on the banking institution and the Customer's country) within 1 to 7 days in the Customer's account. PayPal refunds will appear within 7 to 30 days in the Customer's account (these timeframes are specific to PayPal and beyond our control). Any bank charges relating to the refund are borne by the Customer.

2) Non-conformity of the order

a) In the event that the Customer's order is not conforming — error(s) in reference(s) or missing reference(s) — the Customer must imperatively contact Poopoopidoo as soon as possible. In any event, save for a legitimate reason, any complaint made beyond 14 days following receipt of the products will be deemed inadmissible and Poopoopidoo's liability cannot be engaged.

In the event of a reference error, the Customer must return the product(s) received that are the subject of the error. For the return to be accepted, the Customer must first inform the seller and return the products in perfect condition — unused products — within 7 days of the date of receipt. The product(s) must be returned accompanied by the purchase invoice or order number.

The returned product will be refunded or exchanged according to the Customer's request. If a refund is to be made, it will take place within 14 days following receipt of the return. In the event of an exchange, Poopoopidoo will ship, at its own expense, the product corresponding to the order as soon as possible (subject to available stock) and within a maximum of 30 days from receipt of the returned product.

b) Refund of a dispatched order

The 14-day right of withdrawal following the date of receipt of the order applies. Owing to the nature of the product (made to order), Poopoopidoo will refund the amount equivalent to the value of the products within 14 days, but will not refund the shipping costs. The refund will take place within 14 days following Poopoopidoo's receipt of the returned products.

c) Refund of an order not yet dispatched

Poopoopidoo will refund the full amount paid within 14 days following cancellation of the order.

3) International orders (outside the European Union)

See the "International shipping and general info" page.

Article 13 – Liability

In the online sales process, Poopoopidoo is bound only by an obligation of means; its liability cannot be engaged for damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, service interruption, or other unintended problems.

Poopoopidoo's liability under the obligations of these Terms and Conditions of Sale cannot be engaged where the non-performance of its obligations is attributable to the unforeseeable and insurmountable act of a third party, to the Customer's fault, or to the occurrence of an event of force majeure as defined by the French courts.

Any complaint filed by a user, including any Customer, against Poopoopidoo must be made within 14 calendar days following the occurrence of the event that is the subject of the complaint.

Article 14 – Contact

For any information or question, you may contact Poopoopidoo by email at: contact@poopoopidoo.net.

Article 15 – Force majeure

Poopoopidoo cannot under any circumstances be held responsible for the non-performance of the order in the event of force majeure as defined by the French courts.

Article 16 – Electronic signature

The "double click", combined with the authentication procedure, constitutes non-repudiation by the Customer when placing their order and acceptance of these Terms and Conditions of Sale. It constitutes an electronic signature within the meaning of Article 1367 of the French Civil Code (formerly Article 1316-4), which provides: "Where it is electronic, it consists of the use of a reliable identification process guaranteeing its link with the act to which it is attached. The reliability of this process is presumed, unless proven otherwise, where the electronic signature is created, the identity of the signatory ensured and the integrity of the act guaranteed, under conditions set by decree of the Conseil d'État."

Article 17 – Intellectual property

In accordance with the laws governing intellectual property (literary and artistic property rights, industrial property rights), this Site and all the elements — trademarks, designs, models, logos, graphics, etc. — contained therein are the exclusive property of Poopoopidoo.

The reproduction or use of all or part of these elements is authorised only for the exclusive purposes of information, for personal and private use; any reproduction and any use of copies made for other purposes are expressly prohibited. Any other use constitutes infringement and is punishable under intellectual property law, unless prior written authorisation is obtained from Poopoopidoo.

Article 18 – Gifts and benefits offered with a purchase

Certain products or benefits may be offered free of charge in connection with the purchase of another product on the Site (offers such as "one product free with one product purchased", promotional gifts, or complimentary access to the Jianpupidoo service). These benefits are inseparable from the main order that gives rise to them and are subject to the following conditions:

  • Free physical product: where a product is offered with the purchase of another product, the free product constitutes an accessory to the main order and has no separate market value. In the event of cancellation, withdrawal, return, or full or partial refund of the order that gave rise to the offer, the Customer agrees to also return the free product in its original condition. Should the free product not be returned, the seller reserves the right to deduct its value from the refunded amount, or to charge its usual sale price.

  • Complimentary Jianpupidoo access: the purchase of an eligible kalimba may give rise to free access to the Jianpupidoo conversion service (jianpupidoo.com), for a fixed duration, activated by means of a single-use code provided with the instrument. This access is a benefit linked to the purchase of the instrument and governed by Jianpupidoo's own terms and conditions. In the event of cancellation, withdrawal, return, or full or partial refund of the kalimba order, Poopoopidoo/Jianpupidoo reserves the right to terminate the validity of the complimentary access and to deactivate the code, this benefit being inseparable from the purchase of the instrument which is its consideration.

In all cases, these benefits are strictly personal, may not be assigned, resold, or exchanged for their cash value, and do not give rise to any financial compensation.

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