CONTENTS
DEFINITIONS
Seller: Madam Petit.
Buyer: a natural person who is of legal age and who is not acting within the context of practising a profession or conducting a business, with whom the Seller concludes an Agreement.
Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more Products.
Product: a Madam Petit product that the Seller offers for sale on the Website.
Purchase Price: the price indicated on the Website for a Product, including the VAT and the shipping costs.
Agreement: The Order, which the Seller has accepted as such.
Website: https://www.madampetit.com
Article 1. APPLICABILITY OF THE GENERAL TERMS AND CONDITIONS
1.1 Madampetit.com is an online Webshop in own brand clothing for babies, children’s clothing and women’s clothing that can be visited via www.Madampetit.com.
1.2 These General Terms and Conditions that have been made available online by the Seller on www.madampetit.com govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.
Article 2. CONCLUSION AND CONTENT OF THE AGREEMENT
2.1 An Agreement will be concluded by the Buyer and the Seller exclusively by means of the Seller’s acceptance of an Order (the offer) from the Buyer that has been placed on or via the Website in the following manner:
Step 1: The Buyer has filled in his/her address details and, if the delivery address is not the same as the invoice address, the delivery address desired.
Step 2: The Buyer has checked the order.
Step 3: The Buyer has selected the payment method desired and possibly has made a full or partial advance payment.
2.2 The Seller will be entitled to reject the Order placed by the Buyer in the following cases, among others:
2.3 The Seller will keep the Agreement on file and retain it for a certain term (having a minimum of seven years). If the Buyer has his/her own account he/she will be able to consult the Agreement by logging in to that account. The Buyer may also request a copy of the Agreement from the Seller – as long as the Seller has it on file – by contacting the Seller via the contact details that can be obtained by clicking on the ‘Contact’ button on the Website.
2.4 The Agreement, including these General Terms and Conditions, constitute the entire agreement between the Buyer and the Seller with respect to the use of the Website and the placement and execution of an Order.
Article 3. DELIVERY METHOD AND DELIVERY DATES
3.1 Shipment will be made using a carrier designated by the Seller.
3.2 After the Agreement has been concluded the Seller will send the Products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price if the Buyer has chosen for advance payment and unless the parties have agreed on a longer delivery period.
If the buyer has opted for a ‘ adjustment ‘ of the product (size), there is a longer lead time, this is because in case of an ‘adaptation’ (adjustment), the seller is forced to make this a new version product (because of the adjustment), so it can it happen that the material is not available and can not be found at that moment by a third party material seller. (supplier to Madam Petit)
3.3 The Seller will make delivery in accordance with agreed delivery dates to every extent possible; however, the Buyer acknowledges that the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller and consultations on the setup of the order.
3.4 The Buyer will receive notice within 14 (fourteen) days after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case the Buyer will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.
3.5 The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are delivered.
3.6 The Seller strives to orders within 2 business days after receipt of the shipment. However, the Seller is not obliged to do so. Delivery abroad this will probably not possible.
3.7 The deadline is 30 days after placement of the order, excluding orders where the Buyer has indicated to receive it later. If it turns out to be impossible to deliver an order within 30 days the Buyer about that timely informed and he has the right to cancel his order free of charge.
3.8 An order is not sent by the Seller if not complete can be sent, unless consultation with the Buyer about has taken place. If delivery or by (temporarily) not in stock, or is delayed for other reasons, or if an order is not or only partially carried out, the Buyer receives it no later than seven (7) business days after the order was placed. For example, this may occur by not time delivering substances from suppliers where the Seller depending on to the order (the product). In that case, the Buyer has the right to cancel the order at no cost. The Swill arrange for a refund.
3.9 Deviations in colour, type, text and/or price changes are reserved. Offered goods and/or services are clearly and truthfully depicted and/or described and as completely as possible on the website appears as the reasonableness requires.
Article 4. PRICE AND PAYMENT
4.1 The prices indicated on the Website are denominated in euro’s, British pounds or US dollars and are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs. The return shipping costs will be borne by the Seller. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.
4.2 The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.
4.3 Payment may be made using the methods indicated on the Website and must be made before the Product has been delivered.
4.4 The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.
4.5 In the event that the Buyer exceeds the term for payment he/she will be in default by operation of law, and the Seller will be entitled to charge statutory interest on the outstanding amount as from the due date.
4.6 When paying by bank date of payment the date of crediting the bank account of the Seller.
Article 5. RIGHT TO RETURN
5.1 The Buyer will be entitled to return the Product that has been delivered, free of charge, within a term of 14 days after the Product has been received, without stating his/her reason for doing so, in the manner indicated by the Seller, provided that the Product has not been worn (trying on clothing is permitted), is undamaged and (insofar as possible) is in the original and undamaged packaging. The Buyer can, provided that the Seller has received the returned product in approval as new saleable product has stood, exchange for another, equivalent Product.
5.2 In the case referred to in the preceding subsection the Buyer indicates not wanting to exchange the product or for other reasons not want to buy the product anymore, the Seller will refund the purchase price minus the send-shipping and return-shipping expenses, as soon as possible, but no later than 14 days after the Seller has received the returned product and in approval as new saleable product has stood (article 5.1), refunding. If not all the Products that form part of the Agreement are returned, the Seller will be entitled to deduct the original shipping costs from the Purchase Price to be refunded because the same amount of shipping costs will be due for the Products that have not been returned.
Article 6. FORCE MAJEURE
6.1 The Seller is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede the Seller from complying with its obligations, and that cannot be attributed to the Seller because they cannot be blamed on the Seller, and cannot be deemed to be for the Seller’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as – but not restricted to – war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by the Seller, a failure on the part of the Seller’s suppliers to supply goods or a failure on the part of the Seller’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of the Seller or third parties that it engages.
6.2 If as a result of a situation involving force majeure the Seller fails to comply with its obligations under the Agreement or fails to do so in a timely manner, the Seller will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the Agreement in whole or in part, without the Seller being obliged to pay the Buyer any compensation in that respect.
Article 7. COMPLAINTS
7.1 The contact details of the Seller and of the third parties that the Seller has engaged to handle complaints can be found by clicking on the ‘Contact’ button on the Website.
This can be done by two options:
Calling (voicemail recording) with the Seller or to send an e-mail to: info@Madampetit.com
The Seller is committed to deliver a perfect product. After recieving of the order the customer must inspect the delivered goods immediately and if defects are found, the Seller must be informed about this within a reasonable time any visible defects upon delivery or other complaints about the performance of the contract. The Buyer can call first with the Seller. But such complaints must be submitted in writing, fully and clearly motivated. (included photos will help the complaint process)
7.2 Complaint regarding quality of the product (s)
7.3 The Seller will respond to any complaints that it receives within a term of 5 days after receipt. The Seller will notify the Buyer within a term of 5 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer. This can, for example, in a holiday period.
7.4 The Buyer acknowledges that: minor deviations and deviations that are generally considered acceptable in respect of the quality, size, colour, finishing, etc. of Products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the removal of certain Products from the Website, are not well founded. The Seller will not be liable for any damage that the Buyer sustains as a result of such deviations or the removal of such Products from the Website.
7.5 The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller immediately in the event that the Buyer suspects that a Product has a safety defect and is subject to being recalled.
Article 8. CANCELLATION OF AN ORDER
8.1 Every order may, without payment of a penalty and without giving any reason, provided that not yet have been sent or forwarded to our warehouse, within 24 hours after the customer has placed the order may be canceled. The Seller invites the Buyer to send a email to: info@madampetit.com.
The “order cancellation” of the Buyer/ non-Buyer will be confirmed by e-mail. As soon as the request of the Buyer to cancel the product, the Buyer this is confirmed as received. If the Buyer has paid the cancelled order already in payment, the Seller will refund the amount paid at the latest within fourteen (14) days to indicate by the customer on the account number. Of course as soon as possible..
Article 9. RETENTION OF TITLE
9.1 The Seller will retain the title in respect of any Products to be delivered until the Buyer has performed all obligations (including, without limitation, payment obligations) that the Buyer owes/has in respect of such Products that have been or that will be delivered in accordance with the applicable Agreement.
Article 10. GUARANTEE AND LIABILITY
10.1 The Seller is required by law to provide a Product that meets the contract with the Buyer.
10.2 The Seller is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller is legally liable towards the Buyer, exceed the Purchase Price. This provision is not intended to exclude the Seller’s liability in the event of bodily injury or death.
10.3 If a product within the warranty period (article 7.2) show a defect, please contact the Seller. After the Seller has determined the defect also, we fix, or replace the product as soon as possible. This can take one to four (1-4) weeks. If the product has been washed in a wrong way, then the product is excluded from warranty.
Article 11. COMMUNICATIONS
11.1 For misunderstandings, mutilations, delays or incomplete orders and notices as a result of the use of internet or any other means of communication between the Buyer and Seller, or between Seller and third parties, as far as pertaining to the relationship between the Buyer and Seller, the Seller is not liable, unless and to the extent that case of gross negligence or willful misconduct of the Seller.
Article 12. APPLICABLE LAW AND COMPETENT COURT
12.1 The law of the country of your residence applies to this agreement.
12.2 Disputes between parties may be submitted to the competent court in the Netherlands.
12.3 If at court order an article (or articles) of these terms and conditions be declared invalid:
Article 13. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
13.1 The Seller will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The Buyer must always consult these General Terms and Conditions before using the Website. If the Buyer is unable to consult the General Terms and Conditions via the Internet the Seller will send the Buyer a copy of the most recent version of the General Terms and Conditions by e-mail.
Version: December 2016.
Q&A, complaints and comments:
If you have, after reading these terms and conditions, any questions, complaints or comments about the conditions and you would like, an adaptation, before you proceed to buy a product offered by madampetit.com; please call or email with the Seller: MadamPetit.
All rights reserved. No part of these terms may be copied, stored and/or distributed without the written permission of Madampetit in her own personality of: Doortje Bruin.
