The present site www.apasdelou.com is published by the “SARL” (LLC/LTD, a limited liability company) A PAS DE LOU, registered with the RCS of POITIERS (SIRET 792 107 237 00010).
This site was created by: Mr. Thibaut MARTINEAU (IDEV): firstname.lastname@example.org .
Site host: INFOMANIAK NETWORK SA, whose head office is located at Rue Eugène-Marziano 25 - 1227 Les Acacias - Geneva - Swiss (https://www.infomaniak.com/)
Sarl A PAS DE LOU manages the present site under the same name as its corporate name: A PAS DE LOU.
For more information, click on the "legal notices" tab on the home page of our website.
For the purposes of these General Terms and Conditions of Sale (hereinafter referred to as "GTC") and of Use, we define:
- Visitor(s): any person browsing the www.apasdelou.com website.
- Subscriber(s): any customer who has created an account on the www.apasdelou.com website.
- Customer(s): any person who has placed one or more orders.
These GTC apply only to private individuals and are therefore governed, inter alia, by the provisions of the Consumer Code.
The customer's attention is drawn to the following provisions of article L111-1 of the Consumer Code, which states that:
"Before the consumer is bound by a contract for the sale of goods or supply of services, the trader shall provide the consumer with the following information in a legible and comprehensible manner:
1° The essential characteristics of the good or service, taking into account the communication medium used and the good or service concerned;
2° The price of the good or service, pursuant to Articles L. 113-3 and L. 113-3-1;
3° In the absence of immediate execution of the contract, the date or period within which the trader undertakes to deliver the goods or perform the service;
4° Information relating to its identity, postal, telephone and electronic contact details and activities, to the extent that it is not apparent from the context, as well as, where appropriate, information relating to legal safeguards, the functionalities of the digital content and, where applicable, its interoperability, the existence and modalities of the safeguards and other contractual conditions. The list and the precise content of this information is set by decree in the Council of State.
This article also applies to contracts relating to the supply of water, gas or electricity, where they are not packaged in a limited volume or quantity, as well as for district heating and digital content not supplied on a material support. These contracts also refer to the need for sober consumption that respects the environment".
This site belongs to the company A PAS DE LOU in such a way that its partial or complete reproduction without its agreement is prohibited.
The present GTC, as well as all the contractual information mentioned on the site, only concern buyers residing on French territory (metropolitan France).
An English version of the GTC is also available on our website as a language of convenience for our foreign customers. Only the French language version shall be applicable in the event of conflicts of interpretation.
The purpose of these GTC’s is to govern the contractual relations between the company A PAS DE LOU and its customers wishing to place an order on our website.
The customer who would like to buy on the site, declares to have full legal capacity, within the meaning of articles 1223 and following of the Civil Code.
Any person incapacitated within the meaning of articles 1123 et seq. of the Civil Code, cannot in any way purchase on the site.
The purchase of our toys through our site implies the acceptance by the buyer of the content of these GTC.
The company A PAS DE LOU reserves the right to modify its GTC’s.
The applicable GTC’s will be those in force on the date of the order by the buyer, the latter being able nevertheless to take advantage of provisions which would be more favorable to him under the modified conditions.
The application of these GTC’s is carried out in accordance with the provisions of the Consumer Code, and in particular those resulting from the law n°2014-344 of 17 March, 2014.
Any order outside of metropolitan France must be subject to a specific order with the customer service department of the company A PAS DE LOU.
These GTC are made available to customers on our website and can also be communicated to them on request by telephone or post.
A version written in English is also available on our site for the reading comfort of our foreign customers
By checking the box provided for this purpose, the customer acknowledges having read these GTC’s, having accepted them before placing the order, and consequently accepts their enforceability.
The validation of the customer's order by its confirmation implies adherence to the GTC’s, the conservation and reproduction of which are ensured by A PAS DE LOU in accordance with the provisions of the new article 1127-2 of the Civil Code.
The products sold on our site comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market (cf. article L212-1 of the Consumer Code).
The products offered for sale presented in our catalogue may be the subject of an optional description mentioning their essential characteristics within the meaning of the provisions of article L111-1 of the Consumer Code.
The delivered product may be slightly different from its presentation on the site and due to the color quality of the photographs transmitted by our suppliers.
The customer can of course contact us by telephone at 0549838099 for further information.
The number made available is not subjected to a surcharge.
The company A PAS DE LOU may be required to modify ranges of products appearing in the online catalogue, or to cease marketing them, in particular due to a shortage of stock of its suppliers.
It could also happen that the products offered for sale on the site are temporarily or even permanently unavailable.
In such a case, the company A PAS DE LOU undertakes to inform the customer immediately in order to offer a product of similar quality and price.
In the event of a disagreement, A PAS DE LOU will proceed with the immediate reimbursement of any sums paid, subject to a time limit of no more than 7 working days.
Apart from the reimbursement of the unavailable product, A PAS DE LOU is not liable for any cancellation compensation, unless the non-performance of the contract is attributable to them.
The customer is reminded that, prior to opening such products, he must carefully read their labelling, and in particular any instructions for use in relation to the age of the child or children concerned with respect to the toys.
In accordance with the provisions of article L112-1 of the Consumer Code, the sale prices are indicated, for each of the products appearing in our electronic catalogue, in euros all taxes included (€ TTC), excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The unit price list in the catalogue is not applicable in the event of:
- Specific packaging of the product required by the customer,
- A special request requiring one or more modifications and/or assemblies of the products,
- Special arrangements or special delivery times.
The total amount due by the customer is indicated on the order confirmation page.
We remind you that the selling price of the products is the one in effect on the day of the order.
In the event of a promotion of one of our products, we pledge to apply the promotional price to any order placed during the period of the advertisement placed for the promotion.
Where the price cannot reasonably be calculated in advance due to the nature of the product itself, we will provide the customer with a method of calculating the price and, if applicable, any additional costs for transport, delivery, postage and any other costs.
When the additional costs cannot reasonably be calculated in advance, we mention that they may be due (cf. article L112-3 of the Consumer Code).
The prices of the products offered for sale on the site may change to take into account changes in the prices of A PAS DE LOU's suppliers. The price in effect at the time of the order will be definitively granted to the customer.
The customer is reminded that he is required to provide all the necessary information concerning himself, in particular his identification, exact details concerning the delivery address, etc...
It is strongly advised to indicate a telephone number where the customer could be reached if an order is made in order to facilitate the delivery of a toy that would be bulky.
The customer places an order through the site, by e-mail, by phone or by mail.
The characteristics of the products are those described on the order form
Acceptance of the offer by the customer is validated, in accordance with the double-click procedure, by the confirmation of the order.
To place an order, after having filled his virtual basket by indicating the selected products and the desired quantities, the customer must then click on the "order" button.
The customer will then be able to provide the information relating to the delivery and the method of payment.
Before clicking on the "confirm order" button, the customer is invited to check the details of your order, and in particular the total price.
It is possible to return to the previous pages to correct possible errors or potentially modify your order.
Confirmation of the order implies acceptance of these GTC and establishes the contract.
An e-mail acknowledging receipt of the order and its payment is then sent as soon as possible.
Methods of payment
The order can be paid by credit card: Carte Bleue, Visa, MasterCard/Eurocard or American Express.
When the customer pays for his order by credit card, he must enter the number, the expiry date, the CVC code (3 digits on the back of the card) and the identity of the holder of the card used during the ordering process. The Customer must ensure that the name on the bank card used is identical.
The Customer is immediately informed of the acceptance or refusal of his online payment.
When the payment is made via the A PAS DE LOU Site, the banking transaction is secure and, in no way, shall A PAS DE LOU retain the Customer's banking information. In order to guarantee the security of online payments, the Customer's transaction data is encrypted via a secure server (SSL).
On the other hand, the company A PAS DE LOU undertakes to archive the order forms as well as the invoices on a reliable and durable format so that the company can make a faithful copy at the customer's request, in accordance with the provisions of article 1360 of the Civil Code.
The company A PAS DE LOU reserves the right to refuse any order for legitimate reasons, and in particular if the quantities of products ordered are abnormally high for customers having in presumably the status of consumers.
The order may be cancelled by the customer by registered letter with acknowledgement of receipt or by any other writing on a durable medium, in particular in the case of:
For its part, the company A PAS DE LOU can proceed to the termination of the order in case:
Any cancellation of order by the customer is his responsibility.
Except in the cases provided for by law, the customer may not cancel an order, except with the express prior agreement of the company A PAS DE LOU.
Terms and conditions of return policy.
Our customers have 14 days from receipt of their order to return an item to us. The item must be returned in its original packaging, accompanied by all accessories and instructions, be in new condition, and accompanied by the invoice. Unwrapped, used or damaged toys will not be taken back.
En dehors du délai légal de rétractation, un retour peut être également possible mais nous nous réservons la possibilité d'appliquer des frais ou une décote sur les jouets. Merci de prendre également contact avec nous de façon à ce que nous puissions vous faire une proposition.
Return shipment logistics and refund procedure.
To return an item to us by post or shipping services, we invite you to contact us so that our Customer Service can organize the return:
You can reach us directly by phone or by e-mail, giving the order reference or invoice number, as well as the list of the articles concerned. A return document will then be sent to you and must imperatively be attached to the package and returned in good "new" condition and in their original packaging to the following address: A PAS DE LOU, 13 Rue du Vieux Pont, 86500 Montmorillon.
Telephone: +(33) 5 49 83 80 99
Return costs are at the customer's expense.
The return of products must be made in a solid packaging, such as cardboard to avoid damage during transport.
The amount of the return costs shall be borne by the customer.
A return confirmation email will be sent to you to confirm receipt of the returned item by us.
Reimbursement of the item concerned will be made within 10 days of receipt of the returned product via the payment method used at the time of purchase.
In accordance with article L121-21 of the Consumer Code, the customer has a right of withdrawal of his order, without reason, and which expires 14 days from receipt of the products, with the clarification that if several products are ordered in a single order, the period runs from the time of receipt of the last product ordered.
To exercise the right of withdrawal, the customer sends the withdrawal form attached at the end of these GTC to our address: A PAS DE LOU, 13 Rue du Vieux Pont, 86500 Montmorillon or by email: email@example.com
If the electronic option is used, the company A PAS DE LOU will send the customer without delay an acknowledgement of receipt of the withdrawal on a durable medium such as a mail.
In the event of withdrawal on the part of the customer, all sums paid will be refunded, including delivery costs (with the exception of additional costs arising from a particular choice by the customer, such as a mode of delivery other than the cheaper standard mode of delivery offered by the company A PAS DE LOU).
The company A PAS DE LOU will reimburse the sums paid by the customer using the same means of payment as that used for the initial transaction.
Exceptionally another means of payment may be used, provided that the refund does not incur any costs for the customer.
In case of withdrawal after use of the toy, the customer may be held liable for the depreciation of the said product resulting from manipulations other than those necessary to establish the nature, characteristics, or even the proper functioning of the said toy.
A standard withdrawal form is available at the end of these General Terms and Conditions of Sale.
The customer has the choice of delivery to his home or to a duly identified third party.
Delivery of products is possible throughout mainland France with the exception of Corsica, islands and high mountains.
It is reminded that deliveries outside mainland France are subject to special conditions which must be agreed upon in advance with the company A PAS DE LOU.
In the case of voluminous deliveries that cannot be made by post, the customer is advised to unpack the package in front of the driver.
If the customer ascertains that the product(s) are damaged, he must refuse the merchandise.
The customer must then imperatively note on the delivery slip: "goods refused, received damaged" specifying if possible the nature of the damage.
The processing and settlement of a claim submitted by the customer can only take place after the customer has sent the following by post or via the website:
Any delivery problems must be reported to us by the customer within a reasonable period of time.
If the delivery date is exceeded by more than 15 days in relation to the agreed deadline, the customer has the right to withdraw from the sales contract by email.
In case of cancellation for exceeding the delivery date, the customer will be refunded the full amount of the order within 7 days of receipt of said cancellation.
From the date of effective delivery of the goods, ownership is transferred to the customer, except in the case where full payment of the total price has not been received when the order is placed.
The customer has the possibility to have his order delivered to his home, to a third party duly mandated and identified for this purpose or by pick-up at our store in Montmorillon.
The choice of delivery is made at the time of the order.
The goods travel at our risk, the transfer of risk to the customer taking place at the time of delivery.
The products marketed on our website benefit from the legal guarantee of conformity provided for in articles L217-4 and according to articles L217-4 of the Consumer Code and/or the guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
Irrespective of the commercial guarantee granted by the company A PAS DE LOU on any particular toy, we are liable for any defects in the conformity of the goods under the conditions of article L217-4 of the French Consumer Code.
It is reminded that the company A PAS DE LOU, in its capacity as seller, is obliged to deliver goods in conformity with the contract and to respond to any defects in conformity existing at the time of delivery.
To be in conformity with the contract, the delivered merchandise must:
It is recalled that pursuant to the provisions of Article L217-12 of the Consumer Code, the action resulting from the lack of conformity is prescribed by 2 years from the date of delivery of the goods.
The customer is reminded that when acting under a legal guarantee of conformity, he can choose between repairing or replacing the product, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code.
The customer is furthermore exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following their delivery.
Under the terms of the provisions of article 1641 of the Civil Code, the seller is bound by the warranty for hidden defects of the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known about them.
According to the provisions of article 1648 of the Civil Code, the action resulting from latent defects must be brought by the customer within a maximum period of 2 years from the discovery of the defect.
The buyer may choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
The company A PAS DE LOU declines all responsibility for damage caused by a product that has been transformed by the customer.
The responsibility of the seller cannot be held liable in the event of non-execution or poor execution of the contract due either to the customer's fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to a case of force majeure.
In the event of damage caused by a safety defect in the product, the customer may seek the liability of the manufacturer identifiable from the information mentioned on the packaging of the said product.
If the company A PAS DE LOU can be called upon to give its opinion on the use of the products that it markets, its liability cannot be engaged for default of advice.
The customer is reminded that it is his sole and exclusive responsibility to verify the conditions of use of the products purchased.
Excluded from the guarantee granted by the seller are the consequences of improper use, the use of inappropriate cleaning products, as well as the consequences of an accident or claim constituting either a fortuitous event of the customer or a case of force majeure.
In accordance with the French Data Protection Act of 6 August 2004, and within the framework of data collection, the website www.apasdelou.com has been the subject of a CNIL (Commission Nationale Informatique et Libertés) declaration under the number TO SPECIFY.
The seller declares that he makes every effort to ensure the security of the files containing personal data collected on the site.
The possible non-information of optional data from the questionnaires, including the order form, does not entail any penalty, nor any difference in treatment of any kind whatsoever for Internet users.
The personal information transmitted to the company A PAS DE LOU is only used to ensure the proper processing of the order.
In a more general sense, all personal data collected on the www.apasdelou.com website are only stored and processed for the exclusive purpose of order tracking.
In accordance with the aforementioned data-processing law and freedoms, the customer has a right of access, correction and opposition to all his personal data by sending an e-mail to the company A PAS DE LOU.
The company A PAS DE LOU declares that no personal information is collected without the knowledge of the users of the site, nor transferred to third parties, nor used for other purposes.
The delivered products remain the property of the company A PAS DE LOU until full payment of the price by the customer, which is understood to be an effective collection. The sale of our products and/or accessories resulting from an order for one or more units is established in the form of a forward sale entailing the transfer of ownership upon payment of the balance of the whole of the said order, including in the case of delivery and partial payment. The customer undertakes, as long as the property is not transferred to him, to take all the precautions useful for the good conservation of the products. In the absence of payment by the customer at the agreed term, the sale is automatically cancelled without the need for a prior summons to pay. Any repatriation costs will be borne by the customer.
The domain names and trademarks, as well as the entire content of the site (logo, text, animation, photography, video, illustration, layout) belong exclusively to the company A PAS DE LOU, the only company authorized to use the associated intellectual property rights.
It is strictly forbidden to download, reproduce, transmit, represent or broadcast all or part of the content of this site for any purpose other than for the client's personal use.
Failure to comply with any of these provisions may engage the customer's liability, both civil and criminal.
Under no circumstances may the customer create hypertext links to this site.
The company A PAS DE LOU reserves the right to make any modification, at any time and without notice, to the layout of the site.
These GTC are subject to French law.
In the event of a dispute, the company A PAS DE LOU will attentively welcome complaints from its customers, speculating on good faith, in accordance with the spirit it wishes to maintain in the execution of its contractual relations.
The pursuit of an amicable solution will be favored.
It is recalled that pursuant to the provisions of Article L 612-1 of the Consumer Code that any consumer has the right to have recourse free of charge to a consumer mediator seeking an amicable resolution of the dispute between the consumer and a professional.
The customer may contact the Mediator of the FEVAD free of charge at the following address: FEVAD's e-commerce Mediator, 60 rue de la Boétie - 75008 Paris, or on the Mediator's website https://www.mediateurfevad.fr under the heading Consumers/Online form.
In the absence of an amicable solution, the customer will have the choice of filing, for example, either the jurisdiction of the place of the registered office of the company A PAS DE LOU, or the jurisdiction of the place of actual delivery of the toys.
The customer declares that he has read and expressly accepted these GTC in their entirety, including the retention of title clause.
To the attention of : SARL A PAS DE LOU, 13 Rue du Vieux Pont, 86500 Montmorillon.
E-mail address: firstname.lastname@example.org
I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in the case of notification of this form on paper):
(*) Delete as appropriate.