Terms of sale
Terms and Conditions of Sale for Products Sold on loiseaudeparadis.fr
Last Updated: November 5, 2020
Article 1 - Purpose
These terms govern the sale of toys by the company L’Oiseau de Paradis.
Article 2 - Prices
Prices for our products are listed in euros, including all taxes (VAT and other applicable taxes at the time of order), unless otherwise stated and excluding handling and shipping fees.
For orders shipping outside mainland France, you are considered the importer of the goods. Customs duties or other local taxes, import duties, or state taxes may apply. These charges are not the responsibility of L’Oiseau de Paradis and will be at your expense. We recommend checking with your local authorities regarding these aspects.
All orders, regardless of their origin, are payable in euros.
L’Oiseau de Paradis reserves the right to change its prices at any time, but the product will be billed based on the price in effect at the time of order confirmation and subject to availability.
Products remain the property of L’Oiseau de Paradis until full payment is received.
Note: As soon as you physically take possession of the ordered products, the risks of loss or damage to the products are transferred to you.
Article 3 - Orders
You can place orders:
- Online: loiseaudeparadis.fr
- By phone at +33 (0)1 45 48 97 90 (local call rate) during the hours indicated on the site.
Contractual information is presented in French and will be confirmed at the latest at the time of order validation.
L’Oiseau de Paradis reserves the right not to process a payment and not to confirm an order for any reason, particularly in the event of supply issues or problems concerning the received order.
Article 4 - Order Confirmation
Placing an order on loiseaudeparadis.fr implies acceptance of these General Conditions. Confirming an order indicates your full acceptance of these terms and conditions, without exception or reservation.
The data provided and the confirmation recorded will serve as proof of the transaction.
You acknowledge having perfect knowledge of these conditions.
The order confirmation will serve as a signature and acceptance of the transactions carried out.
A summary of your order and these General Conditions will be sent to you via the order confirmation email.
Article 5 - Payment
Validating your order implies the obligation to pay the indicated price.
Payment for your purchases is made by credit card through the secure system of our provider, Stripe, or via PayPal. The card is charged at the time of the order.
Article 6 - Withdrawal
In accordance with Article L.121-21 of the Consumer Code, you have a 14-day withdrawal period from receipt of your products to exercise your right of withdrawal without providing reasons or incurring penalties.
Returns must be made in their original and complete state (packaging, accessories, instructions). In this context, you are responsible for the product. Any damage to the product during this process may invalidate the right of withdrawal.
Return shipping costs will be covered.
In the event of exercising the right of withdrawal, L’Oiseau de Paradis will refund the amounts paid within 14 days following the notification of your request and using the same payment method used for the order.
Exceptions to the Right of Withdrawal
In accordance with Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
- The provision of services fully performed before the end of the withdrawal period, with prior express consent from the consumer and express waiver of their right of withdrawal.
- The provision of goods made to the consumer's specifications or clearly personalized.
- The provision of goods likely to deteriorate or expire quickly.
- The provision of goods that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
Article 7 - Availability
Our products are available as long as they are visible on loiseaudeparadis.fr and within the limits of available stock. For non-stocked items, our offers are valid subject to availability from our suppliers.
In the event of product unavailability after your order, we will inform you by email. Your order will be automatically canceled, and you will be refunded.
Additionally, loiseaudeparadis.fr is not intended to sell products in large quantities. Therefore, L’Oiseau de Paradis reserves the right to refuse orders of 15 identical items.
Article 8 - Delivery
Products are delivered to the delivery address provided during the ordering process, within the time indicated on the order validation page.
In case of a shipping delay, you will be notified by email regarding any potential impact on the delivery time indicated.
According to legal provisions, in case of delivery delay, you have the option to cancel the order under the conditions and terms defined in Article L 138-2 of the Consumer Code. If you receive the product in the meantime, we will proceed with its refund and shipping costs according to the conditions of Article L 138-3 of the Consumer Code.
In case of delivery by a carrier, L’Oiseau de Paradis cannot be held responsible for delivery delays solely due to customer unavailability after several appointment proposals.
Article 9 - Warranty
All our products are covered by the legal warranty of conformity and the warranty for hidden defects, as provided by Articles 1641 and following of the Civil Code. In case of a product defect, it can be returned, exchanged, or refunded.
All claims, exchange, or refund requests must be made by email within 30 days of delivery.
Products must be returned in the state in which they were received with all elements (accessories, packaging, instructions, etc.). Shipping costs will be refunded based on the charged rate, and return costs will be refunded upon presentation of receipts.
The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided in Article 6.
Article 10 - Liability
The products offered comply with current French legislation. L’Oiseau de Paradis cannot be held liable for non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities regarding the possibilities of importing or using the products or services you intend to order.
Furthermore, L’Oiseau de Paradis cannot be held responsible for damages resulting from improper use of the purchased product.
Finally, L’Oiseau de Paradis cannot be held liable for any inconvenience or damage inherent to the use of the Internet, including service interruptions, external intrusions, or the presence of computer viruses.
Article 11 - Applicable Law in Case of Disputes
The language of this contract is French. These terms and conditions of sale are governed by French law. In case of a dispute, French courts will have exclusive jurisdiction.
Article 12 - Intellectual Property
All elements of the site loiseaudeparadis.fr are and remain the exclusive intellectual property of L’Oiseau de Paradis. No one is authorized to reproduce, exploit, redistribute, or use in any way, even partially, elements of the site, whether software, visual, or sound. Any simple or hypertext link is strictly prohibited without the express written consent of L’Oiseau de Paradis.
Article 13 - Personal Data
L’Oiseau de Paradis reserves the right to collect personal information and data about you. This information is necessary for managing your order and improving the services and information we provide to you.
It may also be transmitted to companies involved in these relationships, such as those responsible for executing services and orders for their management, execution, processing, and payment.
This information and data are also stored for security purposes, to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have the right to access, rectify, and oppose personal information and data about you directly on the website.
Article 14 - Archiving Proof
L’Oiseau de Paradis will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.
