The Terms and Conditions were last updated on June 1st, 2020
Art. 1 - INTRODUCTION AND ACCEPTANCE OF THE TERMS AND CONDITIONS
The Petite Friture website (hereafter "Website") is an e-commerce website located at www.petitefriture.com. It is accessible to anyone with Internet access (hereafter "User").
It is owned and managed by:
Petite Friture (hereafter "Petite Friture")
Simplified Stock Company | Social Capital: €85 778 | RCS Paris Registration: 513 649 343
Corporate office: 45ter rue de la Revolution, 93100 Montreuil, France
Email: [email protected]
VAT: FR 27 513 649 343
Petite Friture Director of Publication, represented by the company ‘TOAST’, itself represented by Ms. Amélie du Passage.
These Terms and Conditions (hereafter “Terms”) outline the rights and obligations of the Parties that arise exclusively from purchasing Products via the Website or from using of the Website.
Products purchased via www.petitefriture.com are sold by the Petite Friture company to non-commercial natural persons for neither professional nor commercial use (hereafter “Customers”).
Upon accepting these Terms when placing an order, receiving an order confirmation by e-mail, and finalising payment, Customers enter into a contractual agreement with Petite Friture, as governed by these Conditions. Customers must be of age and have the legal authority to enter into such an agreement; otherwise, this contract is to be deemed null and void.
Upon confirmation of an order, these Terms shall become fully binding, without exception or reservation.
It is stipulated that the User may save or print a copy of the Terms, provided they are not altered.
Petite Friture reserves the right to modify the Terms at any time, without notice, provided that such changes do not apply to orders or pre-orders placed and confirmed by the Buyer prior to said changes.
These Terms are the only terms that shall apply.
Art. 2 – PRODUCTS
2.1 General provisions
In accordance with articles L.111-1 to L.111-5 of the Code de la consommation (‘French Consumer Code’), the primary characteristics and prices of Products sold over the Internet are readily available on the Website, and reflect information provided by manufacturers to Petite Friture.
Product descriptions include information on visual and technical characteristics. Product photos posted on the Website are as accurate as possible.
Nevertheless, photos and illustrations shown on the Website are not contractually binding and Petite Friture cannot be held liable for any discrepancies. In particular, the Customer understands and accepts that certain Products are designed and manufactured using methods whereby not every Product is identical to the next, but rather has its unique identity and look, which may vary significantly between Products.
Should the Customer have any questions about certain Products, they can contact Petite Friture Customer Service by e-mail at: [email protected], or by telephone at: +33 (0)1 44 54 13 95, Monday to Friday from 9am to 6pm.
Petite Friture reserves the right to not accept an order placed by a Customer should Petite Friture have sufficient reason to believe that the Customer has infringed upon any of the Terms and Conditions, has acted deceitfully, or for any other legitimate reason.
2.2 Specific provisions relating to used Products
Petite Friture may, on occasion, put used Products up for sale.
In this case, there are three (3) Product categories:
- Products in perfect condition, still in their original packaging;
- Products with minor defects in hard-to-see areas; or,
- Products with readily visible defects.
Art. 3 - PRODUCT ORDERING
3.1 Registration on the Petite Friture Website
To place an order on the Petite Friture Website, each User must first set up a Customer account by registering with the required information. Said information is protected in accordance with Article 8 below and relevant clauses in the Privacy Policy, which the Customer accepts in using the Website.
Should the User not accept the Privacy Policy, the User cannot set up an account.
The Customer has sole responsibility for the accuracy of their personal information; Petite Friture will not verify said information, nor can it in any way be held liable should incorrect information interfere with the processing of an Order or Delivery.
When setting up an account, the Customer must choose a unique username and password to log in to the Website. The Customer has the sole responsibility for keeping their ID and password confidential.
The Customer can use their login information to access their account at any time (excluding downtime for maintenance) to place an Order, check an Order's processing or delivery status, or change their personal information.
The Customer is contractually bound to any Order placed on the Website using their account (unless they exercise their right of withdrawal as provided for in Article 7 below).
3.2 Placing an Order
The Customer can place an order on the Petite Friture Website after having logged in. Any Products marked as ‘available’ can be added to their cart by using the clearly labelled button as it appears on the Website.
The Customer can check and change their cart at any time leading up to the final confirmation of the purchase order (hereafter "Order").
Once the contents of their cart have been confirmed, the Customer can finalise their Order by completing the following steps:
- confirm the Products and their chosen quantities;
- fill in all information fields required by the Website;
- accept the Terms in full by clicking on the button as indicated;
- confirm payment by clicking on the button as indicated.
The Customer confirms their Order by ‘double clicking’, by which they accept these Terms and the prices and characteristics of Products purchased on the Website.
The Customer is solely responsible for the accuracy of identification and delivery information given to Petite Friture when placing an Order on the Website. Petite Friture will not be held accountable should incorrect information lead to a delay in Delivery, and any additional costs will be covered by the Customer in accordance with Article 5 below.
3.3 Order confirmation
Following payment, and no later than 24 hours after payment has been approved, the Customer will receive a confirmation e-mail containing a summary of the Order at the email address given when they created their account.
The Order confirmation is saved on the Petite Friture database, which is, itself, stored on a reliable and sturdy device. The Customer accepts that the Order confirmation is proof of contractual relations entered into with Petite Friture via their Website.
The Order will be considered final and the contract between Petite Friture and the Customer formed only once Petite Friture receives full payment from the Customer.
According to article L121-11 of the French Consumer Code, Petite Friture reserves the right not to approve the order for any legitimate reason.
3.4 Product Availability
The sale of Products is subject to availability. Should a Product no longer be available, Petite Friture shall not be held liable, and the Customer cannot seek compensation.
Should a Product run out after the Order has been successfully placed and paid for, the Customer may:
- request for any available products to be delivered, and for any remaining items on their Order to be refunded in full (taxes included);
- request to have the whole order cancelled and fully refunded (taxes and delivery costs included); or,
- request for another Product of similar price and quality to be delivered in its place (provided there are sufficient stocks).
Upon choosing the preferred course of action, the Customer will receive a refund within thirty (30) days via the same payment method used to pay for the original Order.
Art. 4 - PRICE AND PAYMENT
4.1 Calculation of total price
The price of Products as shown on the Website depends on the characteristics of each Product (model, features, condition, etc.).
Product prices are shown on the Website in Euros with all taxes included, though excluding Delivery costs. The Value Added Tax is the rate in effect in Metropolitan France the day the Order is passed.
The prices are those on display on the Website at the time the Customer confirms their order.
Delivery fees are calculated according to the delivery location, total order amount, and/or preferred delivery method (standard/express). The Customers is informed of all delivery fees when placing their order. These fees are at the Customer's expense and are charged in addition to the selling price of the Products. A list of countries to which Petite Friture can deliver is available below. For countries not on the list, Petite Friture provides a list of closest available vendors on the Website.
The total price for Products and Delivery is payable in full when placing the Order. The price (including delivery) is clearly indicated on the Order confirmation sent by Petite Friture to the Customer.
4.2 Terms of payment
The Customer can pay for their order by credit card (Carte Bleue, Visa, Eurocard/Mastercard) or PayPal, in accordance with the provisions of this article.
All credit card payments are made via a secure platform that is accessed from the Petite Friture Website. The Customer guarantees that they are the legitimate holder of the card used to pay for the Order, or they are authorized to use said card. Payment made by credit card cannot be cancelled. The Customer's bank account will be debited after one (1) business day for the date the Order is confirmed.
Payment will be considered complete once it has been cleared by the banks. Once Payment by the Customer has been cleared, it cannot be retracted, unless the Customer wishes to exercise their right of withdrawal.
Should the Customer’s credit card be used fraudulently, Petite Friture encourages the Customer to contact customer services during opening hours using the contact information provided.
The Website will never contact the Customer, by e-mail or any other means of communication, to ask for their bank details.
The Customer only acquires full ownership of the Product(s) once full payment from the Customer has been received.
Art. 5 - ORDER DELIVERY
Products will be delivered to the Customer only once Payment for the Order has been approved, regardless of the chosen method.
5.1 Method of delivery
Products can be delivered to any country listed below, by any of the means of transport approved by Petite Friture.
Products are delivered to the address specified by the Customer when placing their order on the Website. The Customer must verify that all delivery details given to Petite Friture are complete and accurate. Petite Friture will not be held responsible for any errors or missing information that may cause delays or other mistakes in Delivery. In this case or should the carrier be unable to deliver the Product, any costs incurred to re-send the Order will be covered entirely by the Customer.
5.2 Delivery times
Delivery times shown for each Product on the Website are maximum time frames. All staff at Petite Friture strive to ensure the best possible delivery times for their Customers. Customer satisfaction is top priority at Petite Friture.
Customers will be informed of the expected delivery time for purchased Products when they place their Order, before confirmation and payment. Petite Friture will do its best to ensure that the Order will be delivered within the best feasible timeframe and are accompanied by a delivery note.
The Customer will receive an e-mail notification when the Product has been shipped. Petite Friture strives to ship all Products from the same Order at the same time. Should an order be placed for Products with different availability dates, the whole Order will be shipped only once all Products are in stock.
In any case, all Products purchased via the Website that are not in stock when the order is placed will be delivered to the address the Customer provided when placing the Order within the maximum delivery time as shown on the Website, i.e., between eight (8) and twelve (12) weeks following receipt of payment for the Order.
In accordance with Article L216-1 of the French Consumer Code, and under the conditions mentioned therein, the Customer may withdraw from the sale should delivery be more than seven (7) days late from the announced date and if the delay is not due to a case of force majeure.
However, Delivery may not be completed due to a force majeure as outlined in Article 1218 of the Code civil (French Civil Code) and in accordance with French case law.
Petite Friture is not liable for delivery delays due to errors or disruptions attributable to carriers (e.g.: general or partial strike of postal, transport, and/or communications providers).
In the event of delays, damage, and/or total or partial loss of Products and/or the Order, it is the Customer’s responsibility to notify Petite Friture by any means and to provide any required complaint documentation to the carrier so that the carrier can uphold their contractual obligations. Petite Friture Customer Service will contact the Customer to assess possible solutions and find one that best suits the Customer.
5.3 Receipt of Order
A delivery is considered complete once the Product delivered to the place of delivery agreed to with the Customer at the time of placing the Order, and, if necessary, with the carrier. Product delivery is confirmed via the carrier’s tracking and monitoring systems.
Depending on the preferred delivery method, the carrier will provide a dated delivery slip along with the package(s) at the place of delivery (e.g., placed in a mailbox), or will require the Customer to confirm receipt of the Order in person by signing and dating the delivery slip.
In any case, the delivery slip provided by the carrier will constitute proof of delivery.
Risks related to the loss and/or deterioration of Products will be transferred to the Customer once delivery and reception are confirmed.
Upon delivery, the Customer shall inspect the contents and condition of the Product(s). Hence, Petite Friture recommends Customers inspect the contents and condition of delivered goods before signing the delivery slip.
5.4 Delivery reservations
Should the Customer note any irregularities, they shall refuse delivery of the Products or produce handwritten, accurate, and dated reservations. Should the carrier not allow the Customer to do so, the Customer must include a handwritten statement that they were unable to verify the Product’s condition when signing and dating the delivery slip, then undertake any necessary complaint procedures with the carrier. Any complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three (3) working days following the delivery of the Product(s). A copy shall also be e-mailed to Petite Friture at: [email protected]
Verifications to make sure the Product(s) fit the description (and any warranties derived thereof) shall be done so in accordance with Article 6 below.
5.5 Product collection if Customer is absent during delivery
If the Order recipient is not present at the time of delivery, the carrier will leave a transit notice at the delivery address specified by the Customer. Products must then be collected at the address and according to the terms specified by the carrier.
Should the package not be collected within the time frame set by the carrier, the Product(s) will be returned to Petite Friture, who reserves the right to cancel the Order and refund the purchase price; return shipping costs will be at the Customer's expense.
Art. 6 - GUARANTEES: PRODUCT CONFORMITY AND HIDDEN DEFECTS
Prior to each Order shipment, Petite Friture inspects the Product(s) that are to be delivered to the Customer to ensure that they fit the description of what appears on the actual Order placed by the Customer.
6.1 Legal Guarantee
Without prejudice to any complaints issued by the Customer to the carrier upon delivery as to the condition or quantity Products, the Customer shall enjoy the legal guarantees of conformity according to time frames and conditions outlined in Articles L211-1 and following of the French Consumer Code, provided the Products are used as intended.
The Customer also benefits from the guarantee against hidden defects as outlined in articles 1641 and following of the French Civil Code.
The legal guarantee of conformity provides that:
the Customer shall have a period of two (2) years following the date of delivery to act; for used Products, this period is six (6) months;
the Customer may choose to have the Product repaired or replaced, subject to certain cost conditions as outlined in Article L.217-9 of the French Consumer Code;
the Customer is not required to provide evidence of the lack of conformity within twenty-four (24) months following delivery.
The legal guarantee of conformity applies regardless of any commercial warranties that may also be granted.
The Customer may call into effect the guarantee against hidden defects as outlined in Article 1641 of the French Civil Code; in this case, the Customer can request that the sale be cancelled, or can request a discount on the sale price as stipulated in Article 1644 of the French Civil Code.
Any claims relating to product conformity or hidden defects must be clearly described and sent to Petite Friture by mail (Petit Friture, 45ter rue de la Révolution, 93100 Montreuil, FRANCE) or e-mail ([email protected]) as soon as possible.
The Petite Friture guarantee is only applicable when accompanied by the proof of purchase (cash receipt or purchase invoice) for the Product and only in countries where its Products are sold. Specific guarantees for certain Products are outlined in the pricing guide.
6.2 Commercial Warranty (excluding USA and used Products)
Exclusively for new Products from the 100% aluminium furniture ranges (Week-End and Fromme Collections), Customers benefit from a Petite Friture commercial warranty for an additional three (3) years (beyond the aforementioned legal guarantee), provided that the products are installed, used, and maintained in accordance with Petite Friture guidelines.
The aforementioned warranty does not cover the following cases:
- alteration, transformation, or modification of the product(s);
- use, assembly, storage, or installation that is not in accordance with Petite Friture requirements and recommendations;
- neglect and poor maintenance/care;
- incorrect storage of the product(s) during winter (storage in a dry place out of the weather during cold months);
- natural wear and tear;
- stains or watermarks, including those not declared upon delivery and unpacking, or those arising from residual moisture and heat;
- paint variations, including blisters or scratches;
- early signs of corrosion due to scratches or regular wear and tear that cannot be eliminated through routine cleaning and maintenance;
- visual flaws not reported upon delivery (including, but not limited to, colour defects);
- paint variations, including blisters or scratches;
- defects resulting from acid rain and/or other corrosive agents in the air;
- hail damage;
- natural disasters and any other form of force majeure;
- used products.
Exclusively for LED lights (Vertigo Nova, Unseen, Cherry LED, and Méditerranéa) that are built-in or provided, with the exception of converters, Customers benefit from a Petite Friture commercial warranty for an additional three (3) years (beyond the aforementioned legal guarantee), provided that the products are installed, used, and maintained in accordance with Petite Friture guidelines.
The aforementioned warranty does not cover the following cases:
- alteration, transformation, or modification of the product(s);
- use, assembly, storage, or installation that is not in accordance with Petite Friture and manufacturer requirements and recommendations;
- neglect and poor maintenance/care;
- used products.
The delivery slip or invoice act as warranty documentation.
To qualify for the Petite Friture commercial warranty, in accordance with the aforementioned exceptions, the Customer shall inform Petite Friture of any flaws and/or defects within fifteen (15) days of their discovery, by e-mail ([email protected]) or by mail (Petite Friture, 45ter rue de la Révolution, 93100 Montreuil, France)
The Petite Friture commercial warranty is exclusively limited to:
- the European Union for the replacement or repair of faulty Product(s);
- the rest of the world for the replacement of faulty product(s).
In any event, no refund will be given.
The Customer, in addition to having the Product(s) replaced or repaired, may not seek any further compensation or refund for any reason.
Postage and handling of returned and replaced faulty Products will be subject to the following conditions:
- for the European Union: postage and handling will be paid for by Petite Friture unless the Customer Service department finds that the claimed defects cannot be established. In such an event, the Customer will be responsible for covering the costs of postage and handling.
- For the rest of the world (excluding the USA): defective Products cannot be returned. Petite Friture will send a replacement Product at its own expense.
This commercial warranty does not apply to products delivered to the United States. Such Products enjoy the sole legal guarantee outlined in Article 3.1.
Art. 7 - RIGHT OF WITHDRAWAL
In accordance with article L.221-18 and following of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date the Order is delivered during which the Customer can withdraw an Order without having to provide reasons or pay penalties. Within the fourteen (14) days, the Customer must return the Product(s) to Petite Friture in their original packaging.
Notwithstanding any provision to the contrary and in accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal is not applicable for Products made specifically or customized for the Customer.
To exercise the right of withdrawal, the Customer must notify Petite Friture (at the corporate address: PETITE FRITURE, 45ter rue de la Révolution, 93100 Montreuil, FRANCE) of their clearly expressed decision to withdraw from the contract. The Customer may use the withdrawal form template; however, it is not mandatory.
To remain within the withdrawal period, the Customer must simply inform Petite Friture of their wish to exercise their right of withdrawal before the end of the withdrawal period.
Should the Customer withdraw from the contract, Petite Friture will refund the Customer for all received payments, including fees incurred for postage and handling of returned Products (except for additional costs incurred because the Customer opted for another delivery method other than the cheapest standard delivery offered by Petite Friture) within a reasonable time frame, no later than fourteen (14) days after Petite Friture is informed of the Customer’s decision to withdraw from the contract. The refund will be issued via the same payment method used for the original purchase, unless the Customer expressly agrees to a different method; in any event, the refund will not result in further charges for the Customer.
Withdrawal Form Template:
(Please fill in and return this form only if you wish to withdraw from the contract)
C/O: Petite Friture, 45ter Rue de la Révolution, 93100 Montreuil, FRANCE:
I/We (*) hereby notify you my/our (*) intent to withdraw from the contract relating to the sale of the following good(s):
Ordered on (*)/received on (*):
Name of buyer(s):
Address of buyer(s):
Signature of buyer(s) (only if this form printed on paper):
(*) Draw a line through the option that doesn't apply
Art. 8 – PERSONAL INFORMATION
To process orders, Petite Friture collects a certain private information and personal data concerning the Customer. The Petite Friture database used for this purpose has been registered with the CNIL (French data privacy watchdog) in accordance with legal requirements as outlined in French law and the GDPR.
Petite Friture has taken all necessary precautions to ensure the security of its files and the protection of its computer systems, including measures to prevent personal information of its Customers from being altered, damaged, or accessed unauthorized third parties.
This information is intended for the following internal uses:
- any action related to processing the Customer's Order
- to send messages directly to the Customer according to their communication preferences
This information is also shared with third parties and Petite Friture partner companies to ensure the correct processing of payments, delivery, and after-sales customer services.
- to carry out customer satisfaction surveys
- communicate statistics on Website activity.
Petite Friture may share or transfer the Customer’s personal information to a third party who will take over part or all of the business following a sale, asset transfer, reorganization, or liquidation.
For more details, the Customer is encouraged to read the Website’s Privacy Policy, which was brought to the Customer’s attention and which the Customer had to accept to continue browsing the Website and to place an Order.
Moreover, in the interest of providing a better service, the Website may collect certain information related to how each User or Customer uses the Website in the form of ‘cookies’ (e.g., storage of login information or Products previously added to the Customer’s cart). Each User or Customer reserves the right to remove any trace of their use of the Website by clearing their browser history of all cookies that may have been collected.
Art. 9 - SUSPENSION OR TERMINATION OF THE CUSTOMER’S ACCOUNT
The customer may at any time suspend or terminate their registration on the Website by sending a request to Petite Friture Customer Service via the customer account page on the Website.
Moreover, Petite Friture reserves the right to suspend or close the customer’s account in the event of issues relating to payments (including non-payment).
Art. 10 - INTELLECTUAL PROPERTY
Petite Friture is the sole owner of the ‘Petite Friture’ trademark and all design elements that appear on the Website.
Petite Friture also holds Intellectual Property rights for the Website, and publication rights for all Products that appear on the e-shop catalogue, in particular, all photographic images for which it has obtained the necessary authorizations from all relevant persons and authors.
Consequently, partial or total reproduction, in any medium whatsoever, of any part of the Website, the ‘Petite Friture’ brand, and/or the catalogue, or any use and/or sharing with third parties thereof is strictly forbidden.
Art. 11 - PROOF OF AGREEMENT
The Customer is informed that digital records are kept on reasonably secure IT systems owned by Petite Friture and are proof of any orders and payments between the parties.
Information provided by the Website is considered authentic for all parties. Purchase orders and invoices are stored on a reliable and sturdy device, they can be produced as proof and have the same legal value as an original paper document.
Art. 12 - FORCE MAJEURE
Petite Friture may be exempt of upholding its contractual obligations when faced with any force majeure event that would hinder it in executing said obligations as defined by the French case-law.
Petite Friture will inform the Customer of a force majeure event within seven (7) days of it occurring. Should the exemption from contractual obligations extend beyond thirty (30) days, the Customer will be given the option to cancel the Order being affected by said force majeure and receive a refund for the purchase price of the ordered Product(s) and all delivery fees.
Art. 13 - COMPLETENESS
These Terms cover all contractual obligations for Petite Friture and the Customer. The Customer may not enforce any general or specific conditions that would add to or replace those outlined in these Terms.
Art. 14 - NON-WAIVER
Should Petite Friture fail to take against the Customer for a breach of contract, said inaction may not be construed as a waiver of the specific obligation in question and reserves the right to take action at a later date.
Art. 15 - INVALIDITY
If one or more of the terms of these Terms is deemed ‘invalid’ by law, regulation, or a court ruling, the other terms shall still remain in full force and effect.
Art. 16 - LIMITATION OF LIABILITY
In no event shall Petite Friture be held liable for any indirect damage or incident, be it specific or incidental, in particular, though not limited to, loss of profit, opportunities, or revenue resulting from the purchase of Products from on www.petitefriture.com, even if Petite Friture had been previously advised of the likelihood of such damage.
Art. 17 - NO GUARANTEE
Petite Friture cannot guarantee and claim that:
- the www.petitefriture.com Website is free of viruses, data overwriting software, Trojan horses, or other destructive programs;
- information on the www.petitefriture.com Website is accurate, complete, and up-to-date.
The Website may contain technical inaccuracies or other faults, Petite Friture does not guarantee that such defects will be corrected. The Website and the contents therein are presented ‘as is’ and ‘depending on availability’. Petite Friture expressly excludes any implied or express guarantee of any kind and particularly, but not limited to, guarantees of Website conformity or ownership, suitability of the site for normal or specific use, its quality or compliance with any legal provisions.
Art. 18 - APPLICABLE LAW – LITIGATION – MEDIATION
These Petite Friture Terms shall be governed by and interpreted in accordance with French law without giving effect to any principles of conflicts of laws. Application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
In the event of a dispute, and in accordance with provisions of the French Consumer Code pertaining to the ‘Consumer Dispute Mediation process’, the Customer has the right to use the Petite Friture Mediation Service, free of charge, prior to any legal action. The recommended mediator is the FCD Ombudsman (FCD: French Federation of Commerce and Distribution).
The FCD Ombudsman can be contacted:
· online: https://mediateur.fcd.fr/
· or by post: FCD, 12 rue Euler, 75008 Paris, FRANCE
In accordance with Article L. 612-2 of the French Consumer Code, the Customer must show proof of having attempted to resolve the dispute directly with Petite Friture by addressing the complaint to corporate head office (PETIT FRITURE, 45 ter rue de la Révolution, 93100 Montreuil, FRANCE) or the Petite Friture Customer Service desk by e-mail.
List of shipping destinations:
Andorra, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Norway, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Ukraine, United Kingdom, Vatican City.