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Terms and conditions

Terms and conditions

§ 1 General provisions and information about the seller
These Regulations (hereinafter called “Regulations”) define general terms of selling goods in the online shop, localized on the internet platform www.le-petit-trou.com, offered for sale by the entityLE PETIT TROU SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Ul. Walecznych 41/11, 03-916   Warsaw, NIP: 1133160022, REGON: 540976645. 
A person who is going to purchase goods in our online shop www.le-petit-trou.com is hereinafter called “Client”.
Placing an order, the Client declares and confirms that he has read and accepted these Regulations. Acceptance of the Regulations is required for using the services of our online shop and it takes place upon filling in the order form (transaction process in §5 of the Regulations).


§ 2 Securite the personal data
The Controller of Personal Data is responsible for the lawful processing of Clients’ personal data, in particular for its collection, processing and storage, as well as for ensuring the exercise of Clients’ rights relating to their personal data.The Controller of Personal Data processes Clients’ personal data in particular for the purpose of fulfilling Orders and contracts concluded with Clients, complying with legal obligations, protecting the legitimate interests of the Seller and, where consent is required, on the basis of the consent given.The Controller of Personal Data collects and processes personal data only to the extent necessary to achieve a specific purpose. Providing personal data is voluntary; however, providing the data necessary to fulfil an Order is required for its execution. Consent to the processing of personal data may be withdrawn at any time, without affecting the lawfulness of processing carried out before the withdrawal of consent. For the purpose of fulfilling a Client’s Order, the following personal data is collected: postal address - necessary for issuing proof of purchase and delivering the Product; delivery address - necessary for addressing the shipment; e-mail address - necessary for communication related to the fulfilment of the Order; telephone number - necessary when selecting certain delivery methods or for contact related to the fulfilment of the Order; data necessary for issuing a sales document, where providing such data is required. The Controller may also process data relating to the use of the Store, placing Orders, use of the Store’s functionalities, communication with the Store, subscription to the Newsletter and use of the Product Availability Notification service.If a Client subscribes to the Newsletter, the Controller processes the data provided for the purpose of sending commercial and marketing information concerning Products, the Store’s offer and its activities. The Client may unsubscribe from the Newsletter at any time.The Controller may also process data for the purpose of conducting analyses and statistics concerning the use of the Store, improving its functionality and offer, carrying out marketing and remarketing activities and, where permitted by applicable law, profiling.The Controller may use data relating to the use of the Store to tailor the content presented, marketing communications and Product recommendations to Users’ interests, to the extent permitted by applicable law.In connection with the use of the Store, the Controller may process data concerning the User’s activity in the Store, in particular for the purpose of conducting analyses and statistics, improving the Store’s functionality, carrying out marketing and remarketing activities and tailoring the content presented and Product recommendations to Users’ interests, to the extent permitted by applicable law. Detailed rules concerning the use of cookies and similar technologies are set out in § 9 of the Terms and Conditions.Personal data may be transferred to entities processing data on behalf of the Controller, in particular courier companies, payment operators, providers of IT services, analytics and marketing tools, as well as providers of services related to sending the Newsletter and Product Availability Notifications. Personal data may also be transferred to other entities where this is necessary for the proper functioning of the Store or required by applicable law.Personal data may be transferred outside the European Economic Area where this is related to the Controller’s use of services provided by external providers, provided that appropriate mechanisms ensuring the level of personal data protection required by law are applied.Personal data is stored for the period necessary to fulfil the purpose for which it was collected and thereafter for the period required by law or necessary to pursue or defend against claims. In the case of data processed on the basis of consent, the data is processed until consent is withdrawn, unless further processing is permitted on another legal basis.The Client has, in particular, the right to access their personal data, rectify it, delete it, restrict its processing, object to its processing, including profiling, and, where provided for by applicable law, the right to data portability. The Client may also withdraw consent to the processing of personal data at any time.In order to exercise rights relating to the processing of personal data, the Client may contact the Controller at: customercare@le-petit-trou.com . The Client also has the right to lodge a complaint with the competent supervisory authority.


§ 3 Goods and prices
Any information about the goods offered by our shop by means of www.le-petit-trou.com is not the offer within the meaning of the civil code, and it is exclusively the presentation of the goods offered by our shop.
All prices given in the online shop are in USD gross, where the customers bares no additional tax fees. All prices include applicable duties and taxes. The customer will not be charged any additional fees upon delivery.


§ 4 Contract conclusion method
The information included in the Terms and the detailed information included in this online service are not the offer but rather an invitation to place an order. No contract on products purchase between us and the Client is concluded, until we clearly accept the order. In the case of not accepting the order but receiving the money, the whole sum will be returned.
To place an order you shall follow the procedure of online shopping. Next, you will receive an e-mail informing that we have received your order (“Order receipt confirmation”). Remember that it does not mean that your order has been accepted, as it is an offer that you make us for buying a product or products. All orders depend on our acceptance and we will send you an e-mail with such acceptance, in which we will confirm shipping the order (Order confirmation). A contract on buying a product (Contract) between you and us will only be concluded after we send you the “Order confirmation”.
The contract will only be related to the products, whose shipping is confirmed in the Order Confirmation. We will not be obliged to deliver any other products that might have been a part of Client’s order.


§ 5 Course of transaction
In order to buy any goods in our online shop, a client fills in the purchase form by means of www.le-petit-trou.com and makes a payment for the goods, choosing one of the methods, available on the website. Sending the purchase form is equivalent to accepting purchase terms, including these Regulations.
In the case of giving false, incomplete or incorrect data – we will try to contact the client in order to complete or correct them. If the contact is impossible, we will withdraw from the purchase contract.
The shop reserves the right to withdraw from a transaction in case of unavailability of a product, incorrect personal data. In such case, the money paid by a client will be returned in the same manner.
The client can only correct his order to the moment of receiving the order receipt confirmation from the shop. The client may also withdraw his order, before it is confirmed by the shop. In the case of paid order, the shop returns the money deducted by bank and accounting service costs.
At the moment of order execution confirmation by the online shop (which is done by an e-mail) there takes place conclusion of purchase contract between the shop and the user. We care about the environment, so we have introduced e-receipts, which are equivalent to a standard receipt. Those are sent when we receive the payment from the order. 

Immediately after booking your payment on our bank account, we will send you the product you chose.
The goods ordered in our online shop are delivered by means of a courier company. Shipping cost depends on a total weight of the goods and the target country, and it is given when you place an order.
Together with the goods, we issue a VAT invoice or a digital sales receipt. If any of these documents is missing, please notify us of it so that we could make it right. After receiving a delivery, the client shall carefully check the package and the goods and immediately inform us about possible defects.
In the course of transaction you can communicate with the shop by e-mail: customercare@le-petit-trou.com. At the same time, we declare that we will inform you about all significant stages of transaction on our side (execution of order, payment booking, sending goods).



§ 6 Promotional codes
We offer our clients promotional codes by means of our Newsletter or by marketing campaigns of www.le-petit-trou.com. Each code is subject to separate terms of use (validity period, offered discount, etc.).
General terms of using promotional codes:
Codes are not combined with other promotions, discounts, bundles and special offers. To get a discount, you have to enter a promotional code in a special field, marked as *PROMOTIONAL CODE* when placing an order on www.le-petit-trou.com, 
In case of problems with entering your promotional code, please contact our Customer Service Department by e-mail: customercare@le-petit-trou.com


§ 7 Forms of payment
The following forms of payment are available: PayPal system, Apple Pay, Stripe (Credit and Debit cards transactions)


§ 8 Order execution refusal
We reserve the right to withdraw any product from the service and/or remove or modify any material or content of the website, at any time. Although, we will do everything we can to execute all orders, there may appear exceptional circumstances that will force us to refuse to execute your order, even after sending “order receipt confirmation” and we reserve the right to do so at any moment and at our own discretion. 
We are not liable to Clients or any other third parties for withdrawing any product from this service, irrespective of its being sold or not, as well as for removing or changing materials or contents on the website, or for refusing to execute an order after sending “order receipt confirmation”. The Store may use automated mechanisms supporting the presentation of related, complementary or recommended Products to the Client, in particular by presenting suggestions of Products that match the selected Product. Recommendations may be determined on the basis of information concerning the Products, in particular their category, collection, description, features and relationships between them. Product recommendations are provided for informational purposes only and do not affect the Client’s ability to independently select Products.In the case of Products marked in the Store as available for pre-order or with an extended fulfilment period, the shipping date of the Product may be later than the standard Order fulfilment period. Information concerning the estimated fulfilment or shipping date is provided for each Product before the Order is placed.If circumstances arise that cause a delay in the fulfilment of an Order compared with the indicated date, the Seller will inform the Client of the expected new fulfilment date. If fulfilment of the Order within the originally indicated period is not possible, the Client will be informed of their rights under applicable law. In the case of an Order containing Products with different fulfilment periods, the Order will be shipped within the period specified for the Product with the longest fulfilment period, unless the Seller and the Client agree on a different method of fulfilling the Order.


§ 9 Delivery
Subject to the provisions of Clause 5 above and except for appearance of extraordinary circumstances, we will try to sent the ordered goods after “Order Confirmation” before the delivery date, indicated in “Order Confirmation” or within 15 days from the date of “Order Confirmation” if no date was indicated.
If for any reason we are not able to keep the delivery date, we will inform our client about it and we will offer – to choose – continuation of order execution with prolonged delivery period or withdrawal from the order with the return of the whole amount of money. You shall take into consideration the fact that we do not make deliveries on Saturdays and Sundays. For the purpose of these Terms, “delivery” is regarded as made or products as “delivered” at the moment of signing a document of delivery to the agreed delivery address.
Delivery may be delayed because of the following reasons: product personalization, lack of product, unforeseen circumstances, delivery zone. Please note that shipments to the United States and the United Kingdom may be delayed due to customs clearance procedures, over which we have no control. We’re working closely with the logistic partners to speed the process along, thank you for your patience. All prices include applicable duties and taxes. The customer will not be charged any additional fees upon delivery.



§ 10 Return of goods and cancellation of transaction
The consumer who concluded a contract outside the company office can withdraw from it in accordance with the applicable regulations within 14 calendar days from the date of purchase and must support this fact with a written statement.
A scan of the statement shall be enclosed to the package with the returned goods. The return date is the date on a postmark.
The returned goods shall not have signs of use. Each element has to be complete and have its original packaging, the goods shall be in the unchanged condition, without signs of use.
Return of goods to the seller shall take place immediately, not later than within 14 working days from the moment of withdrawal from the purchase contract.
If no filled-in return form is enclosed, the shop can refuse to accept the returned goods from the client.
Any costs of goods returning are borne by the client. Returns of tried-on earrings are not accepted for hygiene and safety reasons. Once the earrings have been opened or tried on, the product is considered used and is not eligible for return.

While trying on shoes, please be careful and inform us regarding any potential defect, which you will see. Returned products, which will contain unreported defect, will not be accepted as a full return.

The Le Petit Trou store offers personalized products, made according to the individual specifications of the consumer. In accordance with Article 38 of the Act of 30 May 2014 on Consumer Rights, personalized products are not subject to the right of withdrawal from the contract. This means that the consumer cannot return a product made according to their specifications or intended to meet their individual needs.

The consumer is required to provide materials (e.g., photos) necessary for the production of the product. In cases where the submitted materials do not meet quality requirements, the store reserves the right to:
a) contact the consumer to correct the materials,
b) cancel the order in exceptional situations if it is impossible to correct the materials.

The store makes every effort to ensure that personalized products are made according to the submitted specifications; however, it is not responsible for any discrepancies between the submitted materials and the technical or quality requirements.

Receipt of the Order and Inspection of the Shipment. The Customer should inspect the shipment and the products promptly upon receipt. If any damage, defect, or non-conformity of the product is identified upon delivery, the Customer is encouraged to report it within 24 hours of receiving the order by emailing customercare@le-petit-trou.com. The report should include a description of the issue and photographic documentation sufficient to verify the claim. Prompt notification enables the Seller to efficiently investigate the matter and take appropriate action.


§ 11 Complaint procedure
If there are stated any physical defects of the goods, the client is obliged to immediately inform the seller about it by e-mail, giving the number of order to the address: customercare@le-petit-trou.com, however, not later than within 14 days from the moment of finding defects. In case of non-conformity of goods with the contract, the goods shall be sent back to the shop together with a non-conformity protocol, as well as possible expectations related to the way of implementation of obligations.
We will respond to client’s demands within 14 days from the moment of reporting non-conformity of goods. No response to the demands within the above mentioned period means recognizing them as justified.
Costs related to sending back the defective goods are returned immediately after receiving the package and investigating the complaint. The money for the defective goods will be returned to the client in the amount not higher than paid by the shop when sending the goods to the client.
The defective goods will be exchanged for other, full-value goods, and if it is impossible (e.g. because of depletion), the shop will return the money to the client in the amount equal to product’s value, or offer him other products available.
Complaints related to mechanical damages, which appeared during transport will only be investigated after preparing a damage protocol in the mode provided for and applicable in accordance with courier’s procedures.Scope and Purpose of a Complaint. A Consumer whose purchased product has a defect in accordance with the provisions of the Civil Code and consumer protection laws may submit a complaint under the terms set out below. Submitting a Complaint – Contact Method. Online orders – complaints should be submitted to the customer service department of the online store.Purchases made at the Warsaw boutique – complaints are accepted on the basis of proof of purchase (receipt, invoice, or bill).Complaint Submission Procedure. Before returning the product, the Consumer must contact the customer service department by sending an email to: customercare@le-petit-trou.com.The subject line of the email should read: “Complaint – order number / proof of purchase number”. The Consumer must attach to the complaint:
– a completed complaint form,
– at least 2 photos showing the defect of the product.Complaint Verification.Upon receipt of the complaint, the Seller will contact the Consumer within 14 business days. Please do not return the product before receiving confirmation from the Seller.Returning the Complained Product.Once the complaint has been accepted, we will provide detailed instructions regarding the return of the product together with a return label, or inform you about the possibility of leaving the product at the stationary boutique.Complaint Review. After receiving the returned product, the Seller will assess it and process the complaint within 14 calendar days. The Consumer will be informed of the decision by email.Complaint Resolution. If the complaint is accepted, the Seller will propose to the Consumer, in the following order: Repair of the product, Replacement with a new product, Refund – within 14 calendar days from the date of the decision to accept the complaint.The Seller enables Customers to use paid repair services for Le Petit Trou products that are no longer covered by the statutory warranty – in particular, after 2 years from the date of purchase or in the case of certain types of damage. To use the service, the Customer shall send photos of the product to the following e-mail address: customercare@le-petit-trou.com. Based on the submitted materials, the Seller will provide a preliminary repair estimate. Upon acceptance of the estimate, the Customer shall deliver the product to the Seller’s boutique in Warsaw (ul. Koszykowa 5) or send it at their own expense via courier service. After receiving the product, the Seller will prepare a detailed offer including the final repair cost and the expected completion time. The repair process will commence once the payment has been credited to the Seller’s account. The repaired product will be returned to the address indicated by the Customer or made available for collection at the Seller’s boutique. Repairs are carried out in cooperation with trusted specialists, and their cost is determined individually. The Seller also encourages Customers to use local service providers in their area, whenever possible and appropriate for the type of repair.

 


§ 12 Final provisions
These regulations are a part of purchase contract contents, concluded between the Seller and the client. The seller reserves the right to introduce changes in these regulations in case of change of legal provisions or in order to improve the website work, as well as to improve protection of users’ privacy and prevent them from abuses.
Cases that are not regulated by these regulations are subject to the Civil Code or other acts applicable for activity and functioning of online shops in the Republic of Poland.

 

§ 13 Cookies

The Website uses cookies. Cookies are IT data that are stored on the User’s end device and are intended for the use of websites. Cookies usually contain the name of the website from which they originate, their storage time on the end device, standard login information, such as IP address, search engine type, language, access hours, address of the website from which the User was redirected and a unique number. The Website’s Controller is the entity placing cookies on the User’s end device and accessing them.

Cookies are used for the following purposes:

1. Creating statistics that help understand how Users use the Store’s websites, which allows us to improve the Store’s structure and content;

2. Adapting the Store’s content to the User’s preferences and optimizing the use of websites; e.g. cookies allow in particular to recognize the User’s device – its type (e.g. laptop, smartphone, tablet) and properly display a website adapted to the end device;

3. Making sure that Users have read information about Cookies.

4. Establishing the User profile in order to display product recommendations and advertising, using advertising systems including Google LLC, Google Ireland Limited and Facebook Ireland Ltd. The cookies enable displaying advertisements and promotions based on website usage. Thanks to the cookies, the advertising content better matches the User’s interests and preferences. Marketing cookies can also be utilized to track advertising campaign results.

5. Users may independently and at any time change the settings for cookies, specifying the conditions for their storage and access by cookies to the User’s device. Restrictions on the use of cookies may, however, affect some of the functions available on the Store’s website.

We can distinguish two categories of cookies:

Due to the lifetime of cookies:

- Permanent files that are stored on the User’s end device for a specified period contained in the file parameters or until they are physically removed from the end device by the User;

- Session files are temporary files that are stored on the User’s end device until (s)he leaves the Store’s website.

Due to the purpose for which cookies files are used, we divide them into:

- Statistical files that are used to collect anonymous statistics for the Store;

- Cookies that are used to ensure data security and confidentiality;

- Functional files that make it possible to remember preferred functionalities of the Store;

- Advertising files, allow tailoring advertising content to match the User’s interests.

The Website Controller cooperates with third party entities, including social media platforms, in order to publish online advertisements. For this purpose, the User’s browser stores cookies generated by the entities. The cookies enable tailoring the advertising shown by these entities to match User’s interests. The entities can assign the User’s visit in the Store to the User’s profile maintained by the entities. In order to perform marketing services, the Website Controller utilizes the service of the following third party entities, that utilize cookies:

- Google LLC, Google Ireland Limited

- Facebook Ireland Ltd., Facebook Inc.

Additional information regarding the use of cookies by these entities can be found in their privacy policies. The User can prevent the user of third party cookies by adjusting their browser settings.

The User personal data is transferred to service providers used by the Controller when running the Store. In particular, personal data may be transferred to payment operators (e.g. PayPal, Stripe or Mollie) to make payments and to courier companies (e.g. UPS or FedEx) to deliver the Product to the indicated address. If the User subscribes to the Newsletter or to the Availability Notification, the User’s email address and preferred language version will be forwarded to Klaviyo.

Personal data will not be made available by the Controller to other entities, except for those with an appropriate legal basis, in particular if personal data is necessary to perform the contract to which the User is a party.

The Seller’s servers are located in the European Union. The User data may be transferred to countries outside the European Economic Area. All of them meet the required rules for the storage and processing of personal data of citizens of EU Member States.

The User personal data will be stored by the Controller as long as it is necessary to perform the contract, and after that time for a period corresponding to the period of limitation of claims (in the scope of performance of contracts concluded by the User, e.g. contact details, correspondence and transaction records), until the User withdraws his/her consent (to the extent that data is processed on the basis of consent) or until the User objects.

Users can withdraw their consent to data processing for marketing purposes or consent to sending commercial information at any time by sending an e-mail containing information about withdrawal of consent with the indication which consent is withdrawn at customercare@le-petit-trou.com After withdrawing consent(s), the User will not receive marketing materials or commercial information from the Controller. The withdrawal of consent(s) does not affect the lawfulness of the processing that was carried out based on consent before its withdrawal.

It is possible to object to the processing of personal data by the Controller by sending an email message containing such objection to the following address: customercare@le-petit-trou.com

Once the objection has been submitted, the User will not receive any marketing materials from the Controller.

Users have the right to access their data and rectify, delete, limit processing and object to the processing. For this purpose, Users should contact the Controller by email at customercare@le-petit-trou.com