LES PETITS POINTS, hand-embroided birth present

General Terms and conditions

(translation of the original Dutch text)

OBJECT :
The terms are concluded in the frame of mail order system between a Cyberclient and Les Petits Points, in The Netherlands. Any offer, order or sale made at, or by, Les Petits Points is subject to these General Terms and Conditions of sale (hereafter referred to as " General Terms ").

Article 1 : Definitions
The following definitions are used in the General Terms :
1. Les Petits Points : entity that makes and sends the Gift(s).
2. Gift: product or article from Les Petits Points Internet site, hand-embroidered and personalised.
3. Cyberclient : the person who orders a Gift from Les Petits Points website, which is not meant for resale.
4. Addressee: the person that receives the Gift.

Article 2: Price and Conditions of Payment
1. Prices are in Euros, include all taxes, but exclude the cost of mailing.
2. Les Petits Points reserves the right to modify prices at any time. The Gifts will be invoiced on the basis of actual tariffs when the order was placed, subject to availability.
3. Any order, regardless of its origin, will have to be paid for in Euros.
4. The payment is made by transfer to the postal account of Les Petits Points. It is not possible (yet) to pay on line with a credit card.
5. The invoice number must be mentioned on the transfer order ; otherwise, the Gift cannot be mailed.
6. The Gifts remain the property of Les Petits Points until the total amount has been paid in full. The Gift will not be mailed until full payment has been received in the account of Les Petits Points.
7. Our offers are valid as long as they are visible on the Internet site of Les Petits Points, within the limits of stock and subject to availability at our suppliers.

Article 3: Order
1. Orders can be placed by Internet, at www.lespetits points.com, only by persons older than 18. Les Petits Points reserves the possibility to use the services of third parties for realising the orders.
2. Any order placed by a Cyberclient at Les Petits Points implies the definitive, irrevocable, full and complete acceptance of these General Term. The fact that the Cyberclient fills out and sends an order form means that he/she accepts these General Terms fully and without any reservations.
3. When the order process starts, a confirmation will be sent by e-mail to the Cyberclient with an invoice with the total amount (including VAT, postal costs, and if applicable gift-wrapping costs) as well as an invoice number.
4. Except in cases of force majeure, the gifts will be mailed from Monday through Friday, as quickly as possible following the receipt of payment in our account (only by transfer).
5. Prior to mailing the Gift, a digital picture of the finished Gift will be e-mailed to the Cyberclient.
6. The information communicated by the Cyberclient when ordering is his/her responsibility : for instance, in case of a mistake in the coordinates of the Addressee, Les Petits Points cannot be held responsible for the impossibility of delivering the ordered Gifts. Gifts that cannot be delivered will be put aside for three weeks after the Cyberclient has been informed of the impossibility of having them delivered.
7. If information is missing, the Cyberclient order will be cancelled.
8. Les Petits Points reserves the right to refuse an order without any explanation.

Article 4: Confidentiality
1. The information (name, address, etc…) is only required for the correct processing, delivering and invoicing of an order.
2. Les Petits Points commits itself to never communicate the coordinates of its clients (Cyberclient or Addressee), whether it be for free or for payment, to any third party. Les Petits Points clients can demand that the data be erased from the client database.

Article 5: Delivery conditions
1. The forwarding charges depend on the tariffs of TNT Post, the Dutch transporter.
2. As an indication, average delivery times are as follows :
a. For the Netherlands: 2 to 3 days
b. For other European Union countries: 3 to 6 days
3. Les Petits Points cannot be held responsible for the consequences of a delay in delivery, whatever their nature, since the average delivery times are purely indicative.
4. Delivery at the standard forwarding charges is only possible within the European Union. Les Petits Points may arrange delivery outside the EU however; in that case, all extra costs will be forwarded to the Cyberclient.
5. Any modification to the tariff structure of TPG Post will be immediately applied and without notice.

Article 6: Intellectual property and author rights
1. None of the designs available in the assortment of Les Petits Points can be copied or reproduced, without prior written agreement from Les Petits Points.
2. Designs that are created in for a made-to-measure Gift remain the property of Les Petits Points.
3. If the Cyberclient provides Les Petits Points with materials or data (designs, texts, etc…) for creating a made-to-measure Gift, the Cyberclient releases Les Petits Points from any responsibility to a third party regarding any form of intellectual property or author rights.

Article 7: Retraction clause
1. Unless mentioned otherwise, the Cyberclient has the right to return his/her purchase to Les Petits Points within 7 days after the parcel has been received. Returns of purchases the Gift must be communicated beforehand to Les Petits Points exclusively by e-mail. Any Gift sent back without notice will not be reimbursed.
2. Les Petits Points reserves the right to refuse Gifts that have been sent back or to refund the price only partially if there is a doubt regarding utilization of or damaging to the Gift(s) before they were returned.
3. Any cost related to sending the Gift back is for the Cyberclient; only the Gift price can be reimbursed if the Gift has not been used or damaged, and is sent back in its original packaging.
4. Reimbursement can only be made by transfer to the bank/postal account from which the payment was originally made by the Cyberclient, within a maximum of 4 weeks after confirmation of the returned Gift reception has been sent by Les Petits Points to the Cyberclient.

Article 8: Responsability
1. Any complaint mentioned in article 7 regarding a Gift can be communicated by e-mail to the e-mail address mentioned in article 9. The complaint will be considered and processed together with the supplier. Les Petits Points is not responsible for the articles of its suppliers.
2. Photos presented on the Les Petits Points website are indicative, the final result depends, for instance, on the length of the personalised text to be embroidered. Les Petits Points cannot be held responsible, for instance, for improvements, slight differences of colours, of design or shape, etc… compared to the photos on the website.
3. Les Petits Points cannot be held responsible for damages that might result from using or modifying the Gift.
4. Les Petits Points cannot be held responsible for damages that might result from loss, damage, late or incorrect delivery of ordered Gifts.
5. The Gifts always travel at the responsibility of the Addressee. Les Petits Points cannot be held responsible for loss or damage incurred during transport by TPG-Post.
6. Les Petits Points responsibility will be in any case limited to the order amount.
7. Les Petits Points will not be contractually liable in cases of force majeure. The contract is then cancelled. Force majeure means, according to the current law and jurisprudence : strikes, or other possible disfunctionning of suppliers, TPG Post for instance; equipment breakdown which cannot immediately be fixed ; natural catastrophies, or other meteorological circumstances by which the employees of Les Petits Points cannot leave or reach the company premices.

Article 9: Client-service
1. Any question related to Gifts'delivery or to Gifts themselves will be considered with the utmost attention by Les Petits Points.
2. Any inquiry or complaint must be sent to: info@lespetitspoints.com. In case of a complaint, Les Petits Points will strive to find a solution within 10 days and will keep the Cyberclient informed by fax, letter or e-mail.
3. Any correspondence regarding these terms can be sent to the following addresses : Les Petits Points, 2593 ZL- 38 The Hague, The Netherlands, E-mail: info@lespetitspoints.com

Article 10: Applicability
1. The Cyberclient has access to the General Terms freely, simply and at any moment by clicking on the website on the link 'General Terms'.
2. Les Petits Points reserves the right to modify these General Terms as well as the Internet site content, without notice.
3. It is possible for particular terms to be concluded between a Cyberclient and Les Petits Points, by means of a preliminary agreement between both parties which is confirmed in writting (fax, letter, mail).
4. The present contract is submitted to Dutch law.
5. Any offer, order or sale placed by, or at, Les Petits Points is submitted to these General Terms.
6. The original text in Dutch of these General Terms has been deposited with the Chamber of Commerce of The Hague, The Netherlands. In any situations, the Dutch text of these General Terms shall prevail.
7. Any dispute regarding these General Terms will be submitted to the District Court of The Hague, The Netherlands, the only competent court in case of a dispute.