General Terms and Conditions of Sale
Preamble – Seller Identification: Bichette Kids
These General Terms and Conditions of Sale (hereinafter the “GTCS”) apply to all sales concluded on the online shop available at the website www.bichettekids.com (hereinafter the “Site”), published by Bichette Kids, a simplified joint-stock company (société par actions simplifiée) located at 65, rue Letort - 75018 Paris, France, registered with the Paris Trade and Companies Register under number 951 448 968 (hereinafter “Bichette Kids”).
Customer Service and After-Sales Service: contact@bichettekids.com
Article 1 – General Principles
1.1. Purpose of the GTCS
The purpose of these GTCS is to define the rights and obligations of the parties in the context of the distance selling of second-hand clothing, textile accessories, and footwear for babies and children (0 to 6 years) offered by Bichette Kids from the Site (hereinafter, the “Products”).
1.2. Scope of the GTCS
The GTCS exclusively govern orders placed on the Site by purchasers acting as consumers for deliveries in metropolitan France and Belgium (hereinafter, referred to as the “Customer(s)” or “you”).
The GTCS, together with the purchase order, the order confirmation, and the invoice, constitute the entirety of the contractual documents enforceable against Bichette Kids and the Customer. Consequently, other documents are provided for informational purposes only.
1.3. Availability of the GTCS
The GTCS are accessible and directly viewable on the Site. In order for you to be able to keep them, Bichette Kids also sends them to you in PDF format in your order confirmation email.
1.4. Enforceability of the GTCS
The GTCS applicable to you are those accessible on the Site at the time of your order. They prevail over any previous versions or any specifications originating from the Customer.
These GTCS are enforceable against you from the moment you acknowledge, by ticking the box “I have read and I accept the General Terms and Conditions * ” at the time of validating your order, that you have been made aware of, read, and accepted them without reservation.
Validating your order constitutes acceptance of the GTCS.
1.5. Clauses of the GTCS
The invalidity of one or more clauses of the GTCS does not entail the invalidity of its other clauses.
The temporary or permanent non-application, by Bichette Kids, of one or more clauses of the GTCS does not constitute a waiver, on the one hand, to rely on them subsequently, or on the other hand, of the other clauses of the GTCS which remain in effect.
1.6. Headings of the GTCS clauses
The headings of the clauses are for informational purposes only. In the event of difficulty in interpretation between one of the headings and any of the clauses, the clauses shall prevail.
1.7. Language of the GTCS
The GTCS are written exclusively in French by Bichette Kids. In the event that they are translated into one or more foreign languages, in the event of a dispute, only the French text shall prevail.
Article 2 – Opening an account on the Site
2.1. Account creation
Creating an account is not mandatory to order on the Site.
To create an account, the Customer may click on the “person” icon next to the “magnifying glass” icon located at the top right of the Site’s homepage, then click on the “Create an account” tab, enter the requested information, and then click “create”.
2.2. Account confidentiality
The Customer is responsible for maintaining the confidentiality of their account, and for restricting access to their computer and other equipment. They must ensure that their password remains confidential and secure. In the event that the Customer identifies a risk that their password is being used in an unauthorized manner, they must inform Bichette Kids as soon as possible.
2.3. Information provided
The Customer is responsible for the validity and completeness of the information provided.
Thus, they shall inform Bichette Kids of any change regarding this information by updating their account settings in their personal space.
Article 3 – The order
3.1. Steps to conclude the contract
The Customer places their order from the online catalog by clicking, as they wish, on the “new arrivals”, “baby”, or “child” tabs. The Customer may also use the “magnifying glass” icon at the top right of their screen to search for a specific Product.
To fill their virtual cart, the Customer must select the Products and then click on the “Add to cart” tab, or “Buy with shopPay” or “Buy with ApplePay” depending on the device used to browse the Site.
The order form contains information about the ordered Products, the price, the payment methods, and delivery methods. The Customer must choose the payment and delivery method and enter the shipping address information.
The Customer must then click on the “Continue to shipping” tab and choose the shipping method.
Finally, the Customer can verify the contents of their order before clicking on “Continue to payment”. The Customer must then provide information regarding the billing address and their payment method.
The Customer is asked to read the GTCS carefully before checking the “I have read and I accept the General Terms and Conditions * ” box, and then to validate their order by clicking on the “Pay now” tab.
In case of disagreement with the content of the GTCS, the Customer should not validate their order and is invited to contact Bichette Kids at the email address indicated in the Preamble above.
The Customer can view their cart at any time by clicking on the “Cart” icon located at the top right of the Site.
The sale will be considered final after:
- receipt by Bichette Kids of the full price; and
- sending the Customer confirmation of the acceptance of their order to the email address provided at the time the order was placed.
In the event that the information provided by the Customer proves to be inaccurate, Bichette Kids may block their order until the problem is resolved. Similarly, Bichette Kids may refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order or who violates the provisions of the GTCS. In such cases, Bichette Kids will inform the Customer by email so that they may, if applicable, rectify the items concerned.
3.2. Modification of the order
Given the complexity of managing orders, any modification requested by the Customer after order confirmation is subject to Bichette Kids’ written acceptance.
3.3. Proof of the transaction
The computerized records, kept in the computer systems of Bichette Kids under reasonable conditions of security, shall be considered as proof of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is performed on a reliable and durable medium that can be produced as proof.
Article 4 – Description and availability of the Products
4.1. The Customer expressly acknowledges that the Products are second-hand, and therefore Bichette Kids’ liability cannot be invoked for defects resulting from the previous use of the Products.
Furthermore, the Products are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in these descriptions/presentations, Bichette Kids apologizes for this and assures you that these errors or omissions do not call into question the quality of the Products, and therefore its liability could not be engaged.
In addition, the photographs illustrating the Products are not contractual. Minor variations, particularly variations in tone between the delivered products and those represented in the photos, which may occur due to reasons related to the Customer’s screen display settings, do not affect the validity of the Customer’s consent and, consequently, the sale concluded with Bichette Kids.
4.2. The Products are offered for sale while stocks last. Each Product is generally automatically deducted from the stock after receipt of the full payment for the order. In case of unavailability of the ordered Product, Bichette Kids will inform the Customer within a maximum of 24 hours so that, during this period, the Customer can:
- either cancel their order, in which case they will be fully refunded for all amounts paid within 14 days of their payment;
- or request the replacement of the unavailable Product with any other Product of identical value, in stock, and present on the Site.
Article 5 – Prices and delivery fees
5.1. The selling prices are indicated, for each of the Products, in euros, all taxes included, excluding delivery fees. Bichette Kids reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the current price indicated at the time of their order.
5.2. The delivery fees usually charged by Bichette Kids are mentioned on the Site’s homepage in the “Delivery fees” section. The delivery fees applicable to the Customer’s order are indicated before validation and confirmation of the order.
5.3. The total amount due by the Customer is indicated on the validation page and then on the order confirmation page.
Article 6 – Payment
This is an order with payment obligation: the registration of the order by Bichette Kids implies the payment of a sum of money by the Customer.
Payment can be made by:
- Bank card (VISA, MASTERCARD, AMERICAN EXPRESS). The Customer has access to a dedicated area made available by a payment service provider ensuring the security of the payment. The Customer acknowledges that at no time is confidential information related to their bank card transmitted to Bichette Kids, even if they decide to check the box “Save my data for fast checkout”;
- Paypal account. The Customer acknowledges that at no time is confidential information related to their PayPal account transmitted to Bichette Kids.
- ShopPay account. The Customer acknowledges that at no time is confidential information related to their ShopPay account transmitted to Bichette Kids.
- ApplePay account. The Customer acknowledges that at no time is confidential information related to their ApplePay account transmitted to Bichette Kids.
The Customer guarantees Bichette Kids that they have the necessary authorizations to use the payment method chosen during their order.
The price is due in full at the time of order confirmation. The order will not be registered if the debit of the sum due by the Customer proves impossible.
Article 7 – Delivery of Products
7.1. Delivery time
Shipping times are 2 to 3 working days (subject to article availability – see article 4.2. above -, excluding weekends and public holidays) from the day the order is registered.
In case of force majeure as defined in article 10 of the GTCS or during periods of closure of the online shop which will be clearly announced on the Site’s homepage, these times may be longer, for which Bichette Kids apologizes in advance.
In any event, if Bichette Kids has failed in its obligation to deliver the goods within the time frame indicated to the Customer when placing their order or, failing that, within the legal time frame of 30 days:
- the Customer must, before terminating the contract, instruct Bichette Kids to perform within a reasonable additional period by registered letter with acknowledgment of receipt or by email to the addresses mentioned in the preamble of the GTCS above;
- in the absence of performance at the end of this new period, the Customer may, under the same terms, inform Bichette Kids that they are terminating the contract;
- the contract will be considered terminated upon receipt by Bichette Kids of the letter or email informing it of this termination unless, of course, Bichette Kids has performed in the meantime.
As an exception, if the Customer had set a deadline expressly accepted by Bichette Kids which constituted an essential condition for placing their order (for example, birthday gift, wedding), the order will be cancelled upon receipt of their cancellation request.
When the order is cancelled, Bichette Kids will refund the Customer all sums paid, no later than 14 days following the date on which the contract was terminated.
7.2. Delivery methods
The Products are either handed over in person at the Bichette Kids premises mentioned in the preamble to the T&Cs above, or delivered to the delivery address indicated by the Customer when placing their order via:
- Colissimo according to La Poste terms and conditions, which can be consulted at: laposte.fr/colissimo
- Mondial Relay according to Mondial Relay terms and conditions, which can be consulted at: mondialrelay.fr/
The risks pertaining to the Product are in principle transferred to the Customer at the time of delivery. However, if the Customer has arranged the transport themselves, the risks are transferred to the Customer upon handover of the Product to the carrier.
7.3. Delivery-related difficulties
Bichette Kids cannot be held responsible for:
- any data entry errors made by the Customer;
- disruptions that are not attributable to it or that are justified by an event of force majeure.
The Customer undertakes to verify the accuracy of the information they provide when placing their order.
In the event of an error or in the absence of collection of the parcel after a calling card has been left, any parcel returned to Bichette Kids may be reshipped at the Customer's request and expense. Furthermore, the Customer is informed that they can obtain the invoice at the billing address rather than the delivery address by selecting the option provided for this purpose when placing their order.
If the parcel has not been delivered within 30 days from its date of shipment, the Customer undertakes to open an inquiry with La Poste or Mondial Relay services and to inform Bichette Kids by email at the address mentioned in the preamble to the T&Cs. The Customer must provide Bichette Kids with the dispute reference number provided by the relevant service.
7.4. Delivery of a damaged parcel
If at the time of delivery the original packaging is damaged, torn and/or opened, Bichette Kids requests that its Customer check the condition of the Products. If they have been damaged, they must refuse the parcel and note the anomalies in handwriting on the delivery slip, followed by their signature (parcel refused because damaged, torn, opened, Product spoiled, missing compared to the delivery note, broken, etc.).
This check is considered to have been carried out once the Customer, or a person authorized by them, has signed the delivery slip.
Article 8 – Product warranty
The Products are guaranteed against any lack of conformity and hidden defects under the conditions provided for by the provisions of the Consumer Code (articles L. 217-1 to L. 217-32) and the Civil Code (articles 1641 to 1649). These legal guarantees may be exercised with Bichette Kids at the email address contact@bichettekids.com or by mail sent to 65, rue Letort - 75018 Paris, France.
The procedures for implementing these legal guarantees mentioned in paragraph 2 of article L. 211-2 of the Consumer Code are as follows:
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
When the sales contract for the goods provides for the supply of digital content or a digital service on a continuous basis for a period exceeding two years, the legal guarantee is applicable to this digital content or digital service throughout the entire period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within a period of thirty days following their request, at no cost and without any major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original warranty.
If the consumer requests the repair of the goods, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price while keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-conforming goods, or if they bear the costs of installation of the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's attempt to bring them into conformity which has remained unsuccessful.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies immediate price reduction or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to the termination of the sale if the lack of conformity is minor.
Any period during which the goods are out of service for repair or replacement suspends the remaining warranty until the repaired goods are delivered.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the holder to a price reduction if the goods are kept or to a full refund against return of the goods.
Article 9 – Right of withdrawal
9.1. Conditions, deadlines, and exercise methods
The Customer has a period of 30 days from the date of delivery of their order (by the Customer or a third party designated by them who takes physical possession of the Product) to return any Product that does not suit them and request an exchange or refund of the price and delivery costs without having to justify their reasons or pay penalties.
For the Customer's complete information, the day of delivery is not counted in the period, and if the period expires on a Saturday, Sunday, or public holiday, it is extended until the following working day.
The right of withdrawal may be exercised either by using the withdrawal form available below at the end of the T&Cs, or by any other unambiguous statement expressing their wish to withdraw, by email to the address contact@bichettekids.com
Simply returning the goods without a statement or refusing to accept delivery is not sufficient to express the wish to withdraw.
An acknowledgement of receipt will be sent to the Customer.
9.2. Return and exchange or refund methods
Returns must be made in their original, complete condition (packaging, accessories, warranty, manual, etc.) allowing for remarketing, accompanied by the purchase invoice.
Products that are damaged, soiled, or incomplete will not be refunded or exchanged. Indeed, the right of withdrawal must under no circumstances allow a Customer to use a Product for any purpose other than discovering and testing the Product to ensure it meets their expectations.
The Product must be returned by the Customer, at their own expense, within a maximum period of 14 days following their decision to withdraw, to the following address: 65, rue Letort - 75018 Paris, France.
The refund will be issued no later than 14 days from receipt by Bichette Kids of the returned Product or when the Customer has provided proof of shipment of the Product.
The Customer's liability may be incurred in the event of depreciation of the Product resulting from handling other than that necessary to establish its nature, characteristics, and proper functioning.
Article 10 – Force majeure
Neither the Customer nor Bichette Kids shall be held responsible for any failure to perform their obligations, in whole or in part, if this failure results from an event of force majeure, the act of a third party, or the act of the other party.
All circumstances beyond their control preventing the performance of their obligations under normal conditions are considered as causes for exemption from these obligations and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
All irresistible, external to the parties, unpredictable, inevitable, and independent facts or circumstances that cannot be prevented by the parties, despite all reasonably possible efforts, will be considered as cases of force majeure. In addition to those usually recognized by the case law of French courts and tribunals, the following are particularly considered as cases of force majeure or fortuitous events: blockage of transport or supply means, particularly in the event of strikes, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks, or difficulties specific to external telecommunication networks for the Customers.
The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than thirty days, the contract may be terminated by the aggrieved party.
The Customer is expressly informed that Bichette Kids is not the producer of the Products within the meaning of article 1245 et seq. of the Civil Code regarding liability for defective products.
Article 11 – Intellectual property
The content of the Site is the property of Bichette Kids, the sole holder of the intellectual property rights on this content, worldwide.
The Customer undertakes not to make any use of this content; any publication, dissemination, or reproduction, in whole or in part, of this content is strictly prohibited and exposes offenders to legal action.
Article 12 - Personal data protection and cookies
The Customer is required to refer to the Personal Data Privacy Policy and the Site's Cookie Policy, which every user of the Site must accept before continuing to browse it.
The Personal Data Privacy Policy is accessible here: Privacy Policy
The Cookie Policy is accessible here: Cookies
Article 13 – Applicable law
The T&Cs are exclusively governed by French law.
Article 14 – Dispute resolution
14.1. The Customer is invited to transmit their disputes, complaints, questions, and comments to Bichette Kids via the contact details indicated in the Preamble to the T&Cs above.
14.2. If your complaint is not resolved, you can use the services of a mediator within one year from your written complaint. For this purpose, you can contact:
MEDIATION – VIVONS MIEUX ENSEMBLE
www.mediation-vivons-mieux-ensemble.fr
2, impasse de Beauregard 54000 NANCY
mediation@vivons-mieux-ensemble.fr
Furthermore, the European Commission has set up a platform for online dispute resolution. It serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations related to online purchases and service contracts concluded online. The platform is accessible at: https://ec.europa.eu/consumers/odr/
14.3. In any case, in the absence of an amicable agreement, the Customer may bring an action before the court that has territorial jurisdiction under the Code of Civil Procedure or the court of the place where they were residing at the time of the conclusion of the contract or the occurrence of the harmful event.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of Bichette Kids, located at 65, rue Letort - 75018 Paris, France, whose email address is contact@bichettekids.com
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the good (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of notification of this form on paper):
Date:
(*) Delete as appropriate.
Date of last update of the T&Cs: September 7, 2023