Terms and conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE
Version dated 22 01 24
These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") exclusively govern the contractual relationship between Il Était Une Fois Maman and its consumer customers (hereinafter referred to as "the Buyer").
They prevail over any general conditions of purchase of the Buyer and more generally over any document issued by the Buyer.
The online sale of Products presented on the Site is open to Buyers wishing to have Products delivered to the following countries: Metropolitan France (including Corsica), Luxembourg, Switzerland, Belgium.
When confirming an order on the Site, the Buyer will be asked to accept the present General Terms and Conditions of Sale by ticking the box "I have read and accept the General Terms and Conditions of Sale". In the absence of the Buyer's full and unreserved acceptance of all the provisions of these GCS, no order may be placed.
Any order placed by the Buyer, in his capacity as a consumer, is deemed not to fall within the scope of a commercial, industrial, artisanal, liberal or agricultural activity.
1. DEFINITIONS
Purchaser: designates any natural person acting for purposes that are not part of his/her commercial, industrial, artisanal, liberal or agricultural activity, as well as any legal entity not acting for professional purposes, having created an Account and accepted the present GCS.
Order: refers to the Products ordered by the Buyer.
Personal data: refers to any information relating to a natural person that enables that person to be identified directly or indirectly.
Product: designates all Products offered for sale by Il Était Une Fois Maman.
Price: refers to the price all taxes included (VAT included) proposed by Il Était Une Fois Maman for the Product in question, to which may be added various charges such as delivery fees.
Site: refers to the Il Était Une Fois Maman website available at https://www.iletaitunefoismaman.com.fr/.
Il Était Une Fois Maman: refers to the company Il Était Une Fois Maman.
User: refers to any visitor to the Site, whether professional or private, customer or not of Il Était Une Fois Maman.
2. PURPOSE
The purpose of the General Terms and Conditions is to define the rights and obligations of the parties with regard to the sale of Products offered by Il Était Une Fois Maman to the Buyer.
They are communicated to the Buyer when the Order is validated and are freely accessible to any user of the Site or Application.
They are applicable as soon as they are put online on the Site or Application and are enforceable against the Buyer as soon as they are accepted.
They prevail over any other document, and in particular over any general conditions of purchase.
These terms and conditions apply only to purchases made by Buyers located in Metropolitan France (including Corsica / excluding Monaco), Luxembourg, Switzerland, Belgium, and delivered exclusively to these territories.
Il Était Une Fois Maman reserves the right to modify these Terms and Conditions from time to time.
Il Était Une Fois Maman will make available to the Buyer the latest version of the GTC on the Site and on the application and will provide a copy of this version if requested by the Buyer.
3. ORDER
3.1 Orders placed by the Buyer
All Orders must be placed by the Buyer on the Site.
To place an order on the Site, the Buyer adds the Products he/she wishes to order to his/her shopping basket.
By clicking on the "YOUR SHOPPING CART" icon, a summary of the Purchaser's Order and the Price (inclusive of all taxes) of the Product he/she wishes to order will appear on the screen.
To place an Order, the Buyer must enter his/her postal and telephone details, if he/she has not already done so or if he/she wishes to change them. They will then be able to indicate the country and zip code to which they would like delivery.
Depending on the country and postal code indicated, several delivery options will be proposed.
The Purchaser will then choose the delivery method he/she wishes, and depending on this choice, the total Price of his/her Order will appear on the screen.
The Buyer will then be invited to consult these General Terms and Conditions of Sale and to accept them by ticking the box "I have read and accept the General Terms and Conditions of Sale".
The Order can only be validated once the Buyer has accepted the present Terms and Conditions.
The Purchaser will then choose the payment method he/she wishes, and a summary of his/her Order will appear on the screen.
The Purchaser must then proceed to pay for the Order and click on the validation icon to finalize the Order.
The "validation click" constitutes an electronic signature.
Between the parties, this electronic signature has the same value as a handwritten signature.
Any validation click constitutes an irrevocable commitment by the Buyer, which cannot be called into question.
Once the Order has been validated, Il Était Une Fois Maman will send the Purchaser a summary of the Order by e-mail to the address provided by the latter.
3.2 Order modification
The Purchaser may modify his/her Order before it is dispatched.
To do so, they must contact Il Était Une Fois Maman's customer service department, either by e-mail at contact@iletaitunefoismaman.com, to express their wish to modify their Order.
If the Order is being prepared, the Customer will then have the opportunity to modify it. Once the Order has been modified, the Customer will receive an e-mail from Il Était Une Fois Maman summarizing the modified Order.
In the event that the amount of the modified Order is less than that of the initial Order, Il Était Une Fois Maman will reimburse the difference to the Buyer within fourteen (14) days following the modification of the Order.
In the event that the amount of the modified Order is greater than that of the initial Order, the Buyer must pay the difference under the same conditions as for the initial Order.
Il Était Une Fois Maman will send an e-mail confirmation of the modified Order to the e-mail address indicated by the Buyer when validating the modified Order.
3.3 Refusal of an Order
Il Était Une Fois Maman reserves the right to refuse any Order in the event of :
- Exceeding the Order ceilings indicated;
- Existing dispute with the Buyer;
- Total or partial non-payment of a previous Order by the Buyer;
- Refusal to authorize payment by credit card by payment organizations;
- Abnormal nature of the latter, particularly in the case of Orders for quantities and/or amounts that are unusual for a final consumer.
4. PRODUCTS
4.1 Product information
The information contained in catalogs and other electronic media (electronic documentation, interactive catalog, Site, Application, newsletter, management notices, notices and advertising documents) is as accurate as possible, but is given for information purposes only and may be modified at any time without notice.
The photographs illustrating the Products on the Site and the application are not contractually binding. Il Était Une Fois Maman cannot be held responsible for any errors or alterations resulting from the processing of these photographs. Gift cards are multi-purpose vouchers within the meaning of article 256 ter 3 c of the French General Tax Code.
4.2 Product availability
The Products offered on the Site are subject to availability.
In the event of the unavailability of a Product ordered by the Buyer, Il Était Une Fois Maman will inform the Buyer as soon as possible and will indicate, if possible, the date on which the Product will be available again. The Buyer will then have the option of obtaining a refund for the unavailable Product, modifying his/her Order or, when this deadline is communicated, waiting for the Product to become available again.
It being specified that in the event of cancellation of the Order for the Product concerned, the Buyer will be reimbursed for the value of this Product by Il Était Une Fois Maman.
5. PRICES AND INVOICING
Prices are expressed in euros and, unless otherwise stipulated, include all taxes.
If the Buyer does not provide an intra-Community value-added tax (hereinafter referred to as "VAT") number, VAT will be invoiced by Il Était Une Fois Maman in accordance with the tax provisions in force on the date of invoicing. The applicable VAT is that of the country in which the Product is delivered.
Prices are subject to change at any time by Il Était Une Fois Maman.
The price guaranteed to the Buyer is the one displayed on the Site at the time the Order is placed.
The prices indicated do not include delivery charges, which will be invoiced in addition and indicated in the Order confirmation and invoice sent to the Purchaser.
They also do not include any other additional costs (gift wrapping, etc.).
The Buyer undertakes to pay the Price stipulated for the Product ordered on the Site and any additional costs (transport), as well as to pay or have paid, where applicable, directly to the forwarding agent or carrier, any customs duties, VAT or other taxes due on the importation of the Product into the country of delivery, and in particular Switzerland and the overseas territories and departments.
Once the Order has been validated, Il Était Une Fois Maman will provide the Purchaser with an invoice for the Order, which will be freely accessible on the Purchaser's Account.
Where delivery is made outside mainland France, a paper copy of this invoice will be provided to the Purchaser upon delivery of the Order.
5.1. VOUCHER OR PROMOTIONAL CODE
A promotional code can only be used once for its full value and during its period of validity. If items are returned during an order, the refund will be prorated. It cannot be exchanged, modified, reimbursed or reloaded onto an e-gift card, except with the express written consent of Il Était Une Fois Maman.
No voucher or promotional code may give rise to a monetary consideration in any form whatsoever, in whole or in part.
They cannot be credited to an e-card or a bank account.
Once the validity date has passed, the promotional code can no longer be used and will be deactivated. The Customer acknowledges that the expired promotional code may not be reimbursed or give rise to any other monetary consideration, in any form whatsoever, nor may it be renewed.
6. PAYMENT METHODS
As the Order is an order with a payment obligation, the placing of the Order implies cash payment by the purchaser.
Payments will be made exclusively online by credit card, via a secure system that uses the SSL (Secure Soket Layer) protocol, so that the information transmitted is encrypted by software and no third party can gain knowledge of it during transmission over the network.
Under no circumstances may the payment of the Order be offset against any sum owed by Il Était Une Fois Maman to the Purchaser.
The credit card will be debited following validation of the Order. In the event of split delivery of the Order, the full amount of the Order will be debited upon validation.
7. DELIVERY
7.1 Delivery times
Delivery times will be indicated to the Purchaser when the Order is placed.
Delivery times are calculated in working days from the date the Order is validated, provided the Order address has been correctly entered.
- Metropolitan France (including Corsica, excluding Monaco)
Delivery to Chronopost collection points against signature: 5 to 8 working days
Delivery by Colissimo France, against signature: 5 to 8 working days.
Delivery to a Post Office, against signature: 5 to 8 working days.
- Overseas
Delivery by Colissimo, delivered against signature at home: 5 to 8 working days.
- European Union and Switzerland
Delivery by Colissimo International (European Union and Switzerland), delivered against signature: 10 to 14 working days.
It should be noted that for delivery to these countries, customs fees may be charged to the Purchaser. The amount of these customs duties is set by the customs authorities and Il Était Une Fois Maman cannot be held responsible for the payment of this tax when the Order is sent to the Buyer, as payment of this tax must have been made by the Buyer in order to receive the Order.
Il Était Une Fois Maman shall not be entitled to any reimbursement or other compensation from the Buyer for any non-delivery resulting from the Buyer's failure to pay this tax.
7.2 Terms of delivery
Delivery means the transfer to the Buyer of physical possession or control of the Product.
The Products ordered will be delivered to the address indicated by the Buyer at the time of the Order. The Buyer must ensure that this address is accurate.
Any parcel returned to Il Était Une Fois Maman due to an incorrect or incomplete delivery address, or when the Purchaser has not collected his/her Order from the collection point indicated within the time limit set, will be reshipped at the Purchaser's expense. Il Était Une Fois Maman will inform the Purchaser of the cost of reshipment, which may differ from the initial delivery costs for which the Purchaser may have benefited from a discount.
Delivery charges are payable by the Purchaser and are communicated to him/her when choosing the delivery method for his/her Order.
The carrier's delivery slip, signed by the Buyer, shall constitute proof of delivery of the Product.
Except in cases of force majeure or during periods of closure clearly announced by Il Était Une Fois Maman, Products are dispatched within seven (7) days of the date of registration of the Order, indicated on the Order summary e-mail sent to the Purchaser.
The risk of loss or damage is transferred to the Purchaser as soon as the goods are handed over to the carrier.
In the event that the delivery time indicated is exceeded, or, failing this, beyond 30 days after the conclusion of the Order, the Buyer may cancel the sales contract with Il Était Une Fois Maman under the conditions provided for in Article L.138-2 of the French Consumer Code if, following a written request from the Buyer sent by e-mail to Il Était Une Fois Maman at the address contact@iletaitunefoismaman.com, the latter has not delivered the Product within a reasonable additional period.
The Buyer may immediately cancel the contract if Il Était Une Fois Maman refuses to deliver the good or if it does not fulfil its obligation to deliver the good within a reasonable additional period and the date or period indicated constitutes an essential condition of the contract which was brought to the attention of Il Était Une Fois Maman at the time of the Order.
In the event of termination of the contract, Il Était Une Fois Maman will refund the undelivered Products and related costs to the Buyer within 14 (fourteen) days following the date of termination of the said contract.
It is the responsibility of the Buyer to check the Products ordered upon delivery, and in particular the quantity, quality, weight, dimensions, content, conformity and condition of the Product. If any anomalies are noted, the Buyer must express precise, dated, handwritten reservations to the delivery person at the time of delivery, describing the defects noted. These reservations must also be sent to Il Était Une Fois Maman within twenty-four (24) hours by e-mail (contact@iletaitunefoismaman.com), mentioning the order number and accompanied by photographs illustrating the defects noted.
If no reservation is made under these conditions, the delivery will be deemed compliant.
The Buyer must retain the packaging and the delivery note for the Product delivered. In the event of an error on the Product, the Buyer may return the Product concerned in accordance with the terms and conditions described in article 13.
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8. RESERVATION OF OWNERSHIP
Ownership of the Product is not transferred until full payment of the Price has been received.
In the event of non-payment or late payment of the Price, Il Était Une Fois Maman reserves the right to demand the return of the Product delivered.
The Buyer undertakes to return the Product delivered in default of payment, at its expense, at the first request of Il Était Une Fois Maman.
9. GUARANTEES
9.1 Commercial warranty
The warranties on the goods sold by Il Était Une Fois Maman are those given by the Person responsible, whose name and address appear on the said goods. They are sent to the Buyer with the Product when it is delivered.
9.2 Warranty for hidden defects
Independently of the commercial guarantee, Il Était Une Fois Maman guarantees the Buyer against any hidden defect resulting from a design defect in the Product, to the exclusion of any negligence or fault on the part of the Buyer, in application of articles 1641 et seq. of the French Civil Code (reproduced below).
The Buyer must bring an action under the warranty for latent defects within two (2) years of discovery of the defect.
The Buyer may choose between rescission of the sale or a reduction in the purchase price.
Article 1641 of the French Civil Code:
"The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the use for which it was intended, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of them".
Article 1644 of the French Civil Code:
"(...) the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him, as arbitrated by experts".
Article 1648 paragraph 1 of the French Civil Code:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".
9.3 Legal warranty of conformity
Il Était Une Fois Maman also guarantees the Purchaser the conformity of the Products, enabling the Purchaser to make a claim under the legal guarantee of conformity pursuant to Articles L.217-4 et seq. of the French Consumer Code (reproduced below).
The Buyer has a period of two (2) years from the date of delivery of the Product to make a claim under the legal warranty of conformity. This request must be made in writing by registered mail with return receipt to Il Était Une Fois Maman.
The Buyer may choose between repairing or replacing the good, subject to the cost conditions stipulated in article L.217-9 of the French Consumer Code.
In addition, in accordance with article L.212-7 of the French Consumer Code, the Buyer is exempt from having to prove that the non-conformity was present at the time of delivery if the defect occurs within twenty-four (24) months of delivery of the goods.
Article L.217-4 of the French Consumer Code:
"The seller delivers a good in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L.217-5 of the French Consumer Code:
"The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties, or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter".
Article L.217-12 of the French Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."
Article L.217-16 of the French Consumer Code:
"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty which remained to run.
This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if this is subsequent to the request for service."
10. PRODUCT SAFETY DEFECT
In the event of damage caused by a safety defect in the Product, the Buyer must seek the liability of the Person responsible, whose name and address are mentioned on the Product packaging.
11. SUSPENSION - TERMINATION.
In the event of non-compliance by the Buyer with any of its obligations, in particular in the event of total or partial default of payment on the due date, Il Était Une Fois Maman reserves the right, without prior formal notice, to suspend delivery of the Product under the Order executed or being executed and/or to suspend performance of its obligations, without compensation, and this without prejudice to the exercise of any rights of recourse it may have.
Furthermore, if forty-eight hours after a formal notice sent by registered mail with acknowledgement of receipt, the latter remains unsuccessful, all agreements entered into with the Buyer may be terminated by Il Était Une Fois Maman, ipso jure and without payment of compensation to the Buyer, who may request, in particular in summary proceedings, the return of the goods.
In all of the cases mentioned above, and in the event that Il Était Une Fois Maman does not opt to terminate the agreements, all of Il Était Une Fois Maman's unpaid receivables shall become immediately due and payable, and the Buyer shall be obliged to immediately return any unpaid goods. Il Était Une Fois Maman's failure to invoke a breach of contract by the Buyer shall not constitute a waiver of its right to do so in the future.
12. RIGHT OF WITHDRAWAL
In accordance with article L. 221-18 of the French Consumer Code, the Buyer has a period of 14 (fourteen) days from the date of receipt of the package containing the Products ordered, to exercise his/her legal right of withdrawal without having to give reasons for his/her decision.
In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders relating to :
the supply of goods made to the consumer's specifications or clearly personalized.
These provisions apply without prejudice to the warranties set out in article 7 of these GTC, which remain fully applicable.
The Buyer exercising his right of withdrawal under the conditions provided for in the present article in terms of the time limit and procedures for returning products, may obtain a refund of the products returned as well as the delivery costs (at standard cost) of the order, in accordance with article L221-24 of the French Consumer Code. Refunds will be made by the same means of payment used for the initial transaction, unless the Buyer expressly agrees to another method of refund.
If the Buyer has taken advantage of a one-off offer against purchase, guaranteeing free delivery at the time of ordering, and wishes to withdraw, Il Était Une Fois Maman also reserves the right to deduct the amount of delivery costs that the Buyer would have had to pay. According to the rates applied on the website. Delivery price excluding promotion or promotional code.
Return shipping costs are the responsibility of the Buyer.
The Buyer undertakes to return the Products purchased in their original packaging and to take the utmost care when returning them.
The Buyer shall be held responsible for any damage caused by the Buyer during the return shipment, and shall not be entitled to claim any compensation.
In the event that the Buyer notifies Il Était Une Fois Maman of his or her wish to withdraw before having received the package, the Buyer is informed that it is not technically possible for Il Était Une Fois Maman to block the shipment of products once the order has been validated. The Order will then be shipped to the Buyer and the Buyer undertakes, in accordance with Article L.221-23 of the French Consumer Code, to return the products concerned within a maximum period of fourteen (14) days from this information made to Il Était Une Fois Maman.
General provisions applicable to all returns:
Products must be returned to Il Était Une Fois Maman in a condition suitable for resale (products in perfect condition with their original packaging, accessories, instructions, etc.) within fourteen (14) days from the date on which the Buyer informed Il Était Une Fois Maman of his or her intention to withdraw, and no later than fourteen (14) days from the date of receipt. Products returned after this period will not be accepted.
If the Buyer has benefited from an offer against purchase on the Site, entitling him/her, subject to conditions, to one or more products offered in return for his/her order, and if, as a result of exercising his/her right of withdrawal, he/she is no longer eligible for the offer in question; the Purchaser must then send the product(s) he/she wishes to return, together with the product(s) offered in exchange for the order of the returned product(s), so that Il Était Une Fois Maman can take his/her request for retraction into account.
The Buyer may be held liable in the event of depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the products.
The Buyer or the recipient of the order who exercises his right of withdrawal must follow the following instructions:
Use the original packaging to return the Product(s) concerned,
Return the Product(s) concerned to the following address by filling in the form by clicking here.
If the Buyer or the recipient of the order does not demonstrate that he/she has effectively ensured the deposit of the Product with a carrier, any risk associated with the return of a Product shall be borne by the Buyer or the recipient of the order.
13. LIABILITY
The Buyer assumes responsibility for the choice of the Product he/she decides to order. Consequently, Il Était Une Fois Maman cannot be held responsible for the unsuitability of the Product for its intended use.
Il Était Une Fois Maman cannot be held responsible for any damage, direct or indirect, material or immaterial, resulting from the use of a Product in a manner that does not comply with its instructions for use.
Apart from the cases mentioned above, Il Était Une Fois Maman may not be held liable if Il Était Une Fois Maman demonstrates that the non-performance or improper performance of these General Terms and Conditions of Sale or of the Order is attributable either to the Buyer or to the unforeseeable and insurmountable act of a third party to the contract.
14. FORCE MAJEURE
All circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.
The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
Cases of force majeure are those usually considered by jurisprudence, i.e. events of an irresistible and unforeseeable nature, beyond the control of the parties, against which they could not reasonably have taken precautions, and the consequences of which they could not have mitigated other than by incurring expenditure out of all proportion to the expected financial benefits.
In this respect, the following are expressly considered as cases of force majeure or fortuitous events: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to the Purchasers.
The Parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present GCS may be terminated by the injured party.
15. INTELLECTUAL PROPERTY RIGHTS
The content of the Site and all its components, in particular in the form of texts, photographs, images, icons, sounds, videos, software, databases or data, is the property of Il Était Une Fois Maman and is protected by French and international intellectual property laws.
Consequently, any reproduction, representation, modification, transmission, publication, adaptation or exploitation of elements over which Il Était Une Fois Maman holds intellectual property rights, on any medium whatsoever and in any manner whatsoever, without the prior written authorization of Il Était Une Fois Maman, is strictly prohibited.
Non-substantial reproduction or representation of elements over which Il Était Une Fois Maman has intellectual property rights is authorized for strictly private and non-commercial purposes.
Authorized reproduction of elements over which Il Était Une Fois Maman has intellectual property rights must clearly indicate the source and the name of the author of the content reproduced.
Il Était Une Fois Maman reserves the right to take civil and criminal legal action, in France and abroad, in particular for counterfeiting, against any person who, directly or indirectly, infringes its rights.
16. PERSONAL DATA
During the Order process, the Buyer may be asked to provide personal information.
Il Était Une Fois Maman undertakes to respect the information submitted by the Buyer in accordance with the conditions set out in the Confidentiality and Personal Data Policy available by clicking here.
17. PARTIAL NON-VALIDATION
If one or more stipulations of these GTC are declared null and void, in application of a law, a regulation or following a final decision of a competent court, they will be deemed unwritten, without entailing the nullity of the whole of these GTC by which Il Était Une Fois Maman and the Buyer will remain committed to each other.
If necessary, Il Était Une Fois Maman and the Buyer undertake to negotiate in good faith the provisions necessary to replace the stipulations that may have been cancelled or invalidated for any reason whatsoever.
18. MEDIATION
In the event of a dispute, the Purchaser must first contact Il Était Une Fois Maman's customer service department by e-mail at contact@iletaitunefoismaman.com.
In the event of failure to submit a claim to customer service or in the absence of a response from this service within two months, the Buyer may submit the dispute relating to the order form or these Terms and Conditions of Sale between him and Il Était Une Fois Maman to the Mediator of the Fédération professionnelle du e-commerce et de la vente à distance, who will attempt, independently and impartially, to bring the parties together in order to reach an amicable solution.
The Buyer may contact the aforementioned mediator either at http://www.mediateurfevad.fr or at the following postal address:
Médiateur de la consommation FEVAD BP 20015 - 75362 PARIS CEDEX 8 - France
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, Il Était Une Fois Maman has joined the FEVAD (Fédération du e-commerce et de la vente à distance) E-Commerce Mediation Service, whose contact details are as follows: Médiateur de la consommation FEVAD BP 20015 - 75362 PARIS CEDEX 8 - https://www.mediateurfevad.fr. After consumers have made prior written representations to Il Était Une Fois Maman, the Mediation Service may be contacted for any consumer dispute which has not been settled. To find out how to contact the Mediation officer, click here.
To submit a request for mediation, the Buyer can use the claim form available on the Mediator's website. The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
19. NON-RENUNCIATION
The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to in these GCS shall not be construed for the future as a waiver of the obligation in question.
The fact that a Party does not insist on the application of any provision of these General Terms and Conditions of Sale, or tolerates its temporary or permanent non-execution, may in no case be interpreted as a waiver by that Party of its rights under these General Terms and Conditions of Sale.
The fact that a Party tolerates the non-performance or imperfect performance of a contractual obligation referred to in these GCS or, more generally, tolerates any act, abstention or omission by the other Party which does not comply with the contractual provisions shall not confer any right whatsoever on the Party benefiting from such tolerance.
20. TITLE
The headings and sub-headings in these GTS are included for convenience only. By express agreement between Il Était Une Fois Maman and the Buyer, these headings and subheadings shall not be used to interpret any provision whatsoever of these GTC. In the event of contradiction between any of the article titles and any of the stipulations, the titles will be declared non-existent.
21. APPLICABLE LAW
These GCS and the Order are governed in their entirety by French law.
Any dispute relating to the conclusion, interpretation, performance or termination of these General Terms and Conditions of Sale shall be settled amicably.
Any dispute arising between the Parties as a result of the conclusion, interpretation or performance of these General Terms and Conditions of Sale shall be resolved exclusively by the competent courts of Paris.
These General Terms and Conditions of Sale are drawn up in the French language. In the event that they have been translated into one or more foreign languages, and in the event of a dispute, only the French text shall prevail between the Parties.