Terms and Conditions
The company LITTLE CIGOGNE SAS (referred as “LITTLE CIGOGNE SAS”) offers several types of products and services via its Website www.littlecigogne.com (referred as the Website).
These general Terms and Conditions apply to www.littlecigogne.com (the “Website”) and is operated by LITTLE CIGOGNE SAS (trading as “Little Cigogne”), a company registered in France.
These business Terms and Conditions are regulated by Article L441-6 of the trading code and in application of Article L111-1 of the French Consumer Code, determine the rights and obligations of the parties for the Little Cigogne Contract.
Your access and use of these services are subject to these Terms and Conditions. Visitors and Registered Users are entitled to save and print them.
These Terms and Conditions are subject to French law.
These Terms and Conditions shall apply, without limitation or qualification to all products and services offered for sale by LITTLE CIGOGNE SAS on its Website www.littlecigogne.com
ARTICLE 1: Contact Details
The Website is edited by LITTLE CIGOGNE SAS with a share capital of 31,656 euros and Registered Office at 15 rue Victor Baltard, 77410 Caye Souilly. The company is registered with the Bobigny Trade and Companies Register under number 789 948 155. The European VAT registration number is: FR35789948155.
In order to contact LITTLE CIGOGNE SAS or www.littlecigogne.com, please send an email to email@example.com
ARTICLE 2: Purpose
The object of these present General Terms and Conditions of sale is to define the modalities in which LITTLE CIGOGNE SAS provides services to visitors and Registered Users of its Website and offers them its products and services.
ARTICLE 3: Legal Capacity
Registered Users certify that they are adults and with full capacity to contract.
ARTICLE 4: Geographic area
The services proposed by the website Little Cigogne are only available in
- France métropolitaine, Corsica, Monaco
- Zone 1: Belgium, Luxemburg, Germany, Netherland
- Zone 2: Italy, Spain, Austria, Ireland, Portugal
- · United Kingdom
ARTICLE 5: Access to the service
Services on the Website are available to visitors and Registered Users 7 days a week and 24 hours a day, other than in cases of occasional interruptions for site updating or maintenance, or in the case of ‘force majeure’. Given it’s activity, the Company, is bound by an obligation of due care, and may not be held responsible for any prejudice of any nature, resulting from the non-availability of the Website.
ARTICLE 6: Registered User’s contract
The service provides the shipment of a selection of children or baby clothes, included in a package selected by the Registered User.
It is expressly agreed that LITTLE CIGOGNE SAS has the right to suspend or terminate the Registered User’s access or the use of such service, in which case the Registered User won’t be debited for the amount for his purchase.
The Registered User will be prompted to complete a questionnaire at the time the order is placed. The Registered User should ensure the accuracy and integrity of the information provided to LITTLE CIGOGNE SAS. The Company cannot be held responsible for consequences if the Registered User entered data incorrectly.
LITTLE CIGOGNE will use all the provided data from the questionnaire “ Tastes and Preferences” to make the selection of clothes that the Registered User will receive in his “Box” and/or “gift Box”. LITTLE CIGOGNE SAS will make every effort to closely respect the tastes and preferences of the Registered User. However, a Registered User cannot withdraw from the LITTLE CIGOGNE SAS contract, referring to the data input in the questionnaire, since the data is not restrictive on the clothes and only of indicative use to stylists when making their selection for the Registered User.
ARTICLE 7: Service Options
We offer two types of services
1/ “The Box”
The Registered User decides upon the frequency of his subscription: a single time only or every two or three months.
The Registered User acknowledges that all products in the “Box” belong to LITTLE CIGOGNE SAS until payment is confirmed for their purchases.
After reception of the products, the Registered User buys the products that he wants to retain and sends back the others free of charge, with the pre-paid label provided in the parcel.
The Registered User pays for the price of any alternative return method.
If the Registered User chooses a subscription to the “Box”, he subscribes to the delivery service shipped by LITTLE CIGOGNE every 2 or 3 months until one of the parties decides to terminate this subscription.
If the Registered User chooses a subscription for “the Box”, he acknowledges that he is systematically debited for the service every two or three month depending on his subscription.
2/ “the Gift Box”
The subscription to a gift voucher entitles the buyer to spend the total amount of the voucher on the Website. The voucher cannot be refunded in full or in part.
The full payment of the gift voucher is made upon purchase.
The buyer of a gift voucher declares to have complete knowledge and understanding and to accept the General Terms & Conditions of Sale.
ARTICLE 8: UNSUBSCRIBING
The member can cancel his subscription every 2,3 or 6 moths at every time in "My account", button "My subscriptions" by clicking sur "SEE" on the concerning order and by pausing it or by writing an email to firstname.lastname@example.org.
If the pause or the cancellation happened after the date of the replacement the order will be seen as fulfilled for the concering month, the member cannot cancel this order arguing by his cancellation. The cancellation is valid from the following month. However he can return his whole Box without any costs (no delivery cost and return for free).
As long as the subscription of the Box has the status "Pause", the member will not reveice any Box and will not be charged.
The termination may result from the decision of LITTLE CIGOGNE SAS according to the provision of the article about the Termination of a Client Account.
Only Registered Users with a bimonthly or quarterly membership can cancel their subscriptions.
ARTICLE 9: DESACTIVATION OF A REGISTERED USER ACCOUNT
In case of non-respect of the obligations of the General Terms and Conditions of Sales, payment incident for an order, incorrect or misleading information provided for a customer account or any act which may be detrimental to LITTLE CIGOGNE, the company reserves the right to suspend access to the service or depending upon the severity of the violation, to cancel the subscription and the Registered User’s account with no possible suit for legal damages from the Registered User.
LITTLE CIGOGNE SAS reserves the right to refuse subscription of a Registered User who has already been excluded or sanctioned for such misconducts.
ARTICLE 10: PRICES AND PAYMENT FOR SERVICES AND PRODUCT SOLD ONLINE ON THE WEBSITE
All orders passed on the French (https://www.littlecigogne.com), German (https://www.littlecigogne.com/de) and English (https://www.littlecigogne.com/en) website are payable in euro, whereas all orders passed on the English website £ are payable in pound. The payment of the purchase (keeped items in a Box) executed by debeting from the indicated payment instrument by ordering online a Box (credit card from Visa or Mastercard or PayPal). The payment is executed once the member confirmed his online return in "My account", button "Manage a return", within 7 days after receiving the Box. The payment includes the total amount of keeped items and the delivery cost, except subscriptions, from a minimun total amount of keeped items for 69€. All taxes are included, given that products are invoiced at the prevailing price at time of order.
LITTLE CIGOGNE SAS can modify prices at any time. The new price will be notified to the Registered User before he orders.
Prices can be modified, in which case the changes only apply to future orders. Paid orders won’t be affected by price changes.
Selling prices do not include shipping costs. Shipping costs are billed on top of product and service prices, depending on the amount of the order.
Shipping costs are indicated before the Registered User confirms the order.
All orders are payable in euros and the payment takes place online with a payment card.
The Registered User ensures that he is fully entitled to use the payment card for the payment of his order and that the payment card gives legal access to sufficient funds to cover the costs of his order on the Website. LITTLE CIGOGNE SAS cannot be held responsible for any fraudulent use of the payment card.
LITTLE CIGOGNE SAS reserves the right to suspend or cancel any order and/or delivery, regardless of the nature and level of execution, in case of non-payment of the full amount due by a Registered User, or in case of a payment incident.
All payments are processed through a secure encryption procedure technology for the secured transfer of data.
LITTLE CIGOGNE does not retain banking details information for the Registered Users. LITTLE CIGOGNE works in partnership with PAYBOX, a secured online payment solution provider, for the security of all payments.
Article 11. PRODUCT CONFORMITY
Our suppliers and partner brands provide information on the products on the Website. LITTLE CIGOGNE SAS cannot be held responsible for the consequences of the use or acknowledgement of the information.
Product pictures are solely of an informative nature and have contractual purposes by no means. LITTLE CIGOGNE SAS may not be held liable for them.
LITTLE CIGOGNE SAS will use all information provided in the “tastes and preferences” questionnaire to select the clothes for children that the Registered User will receive in his Box.
LITTLE CIGOGNE SAS will make every effort to closely respect the tastes and preferences of the Registered User. However, a Registered User cannot withdraw from the LITTLE CIGOGNE SAS contract, referring to the data input in the questionnaire, provided the data is not restrictive on the garments and only of indicative use to stylists when making their selection for the Registered User.
LITTLE CIGOGNE shares information on the partner brands on the “Brands” page of the Website. However, the list of partner brands listed on the Website is non-exhaustive, so Registered Users may receive products from brands that are not listed on the Website. LITTLE CIGOGNE SAS cannot be held responsible for not having communicated on a partner brand.
Article 12. AVAILABILITY
Products and services are available when presented on the Website and within the limits of available stocks.
The Registered User will be informed by email if a product of service is unavailable after the order is placed.
Article 13. ORDER DELIVERY
The services of Little Cigogne are available in
- · France métropolitaine, Corsica, Monaco
- · Zone 1 : Belgium, Germany, Luxemburg, Netherland
- · Zone 2 : Italy, Spain, Austria, Ireland, Portugal
- · United Kingdom
The Boxes are delivered to the member appropriate to the chosen frequency by ordering (one shot, every 2 or 3 months), visible in "My account" and to the indicated address while ordering, also visible in "My account", button "My subscriptions" by clicking on "SEE" of the concerning order. If there is a change in address the member has to inform about it before the replacement of the Box by changing it in the concerning order. In case of change of address, it is the Registered User’s responsibility to notify the change of address within a 15 days notice period before the beginning of the delivery month, by editing the relevant information on the information form “MY ACCOUNT”.
Delivery timeframes stated on the Website are estimated and average observed timeframes for shipping and delivery.
LITTLE CIGOGNE cannot be held responsible for consequences due to a shipment delay.
In any case, should the parcel be returned to the sender, a second shipping is at the expense of the Registered User.
If the parcel is sent back another time to the sender, no other shipping will be done. The order amount and additional delivery fees are deemed acquired by LITTLE CIGOGNE SAS.
Article 14. CANCELLATION
Conform the texts in force from the code de la concommation and in the context of distance selling the Member dispose a period of 14 days from the date he received the Box to return it on his costs, to be refunded.
That period counts from the date he receives the Box. The products have to be returned in their original condition and packaging. Every incomplete, dirty, destroyed Box and/or damaged packaging will not be accepted, exchanged or refunded. LITTLE CIGOGNE SAS will refund the Member that took charge of his right of recsission in the indicated period of thirty days maximum from the reception of the right of recsission. The Member's account will be refund of the sum charged by reservation of the return of the products in the indicated period.
The products have to be returned to LITTLE CIGOGNE SAS to the address precised in article 1.
The return of the entire Box with all the articles indicated on the bill is obligatory.
Article 15. INTELLECTUAL PROPERTY
The entire Site content, including texts, comments, publications, illustrations, images and brands, is protected in accordance to Intellectual Property rights. Reproduction in whole or in part without written permission is strictly prohibited.
Article 16. SIGNATURE AND PROOF
Provision of a payment card number and final validation of the order are evidence of the acceptation of the said-order and will cause the sums incurred for the order to become due and payable. The information kept in LITTLE CIGOGNE SAS computerized systems and its partners are proofs of communications, orders and payments between the parties.
Article 17. REGISTERED USER’S ACCOUNT DESACTIVATION
Non-respecting the General Terms and Conditions of Sale by a Registered User, payment incident for an order, acting against the interests of LITTLE CIGOGNE, delivering false information in the registration form of the Customer Account, may imply the suspension of access to the LITTLE CIGOGNE service, the termination of the Account or subscription, depending on the degree of gravity of the infringement, without any option to claim compensations for damages and interests to LITTLE CIGOGNE SAS. LITTLE CIGOGNE SAS reserves the right to refuse an order from a Registered User with whom there is an existing litigation, even if the Registered User uses a new Account.
Article 18. LIABILITY
LITTLE CIGOGNE supplies products from third-party brands and is not the designer, manufacturer or prescriber of these products with the exception of products of its private label: LC Kids. For all products, excluding LC Kids products, LITTLE CIGOGNE cannot be held responsible in case of physical and/or material or immaterial damages resulting from the usage of the products in the Box. Products are marketed under the sole Brand's responsibility and used under the sole liability of the Registered User.
The liability and obligations of LITTLE CIGOGNE SAS for these General Terms and Condition of Sales cannot be engaged in case of non-execution of these obligations by a third party even if predictable, if it is the responsibility of a Registered User, or in the event of a ‘force majeure’ defined under French Law, or due to any other event that has not reasonably been under the control of LITTLE CIGOGNE SAS.
The information requested for Registered User’s identification, such as Id and password are personal and confidential. This information can only be changed at the Registered User’s initiative, for example in the case of loss of his password.
LITTLE CIGOGNE SAS declines all liability for direct and indirect damages, predictable or not, caused by the usage of the Website. Should the liability of LITTLE CIGOGNE SAS be engaged for a prejudice suffered by a Registered User and directly attributable to LITTLE CIGOGNE SAS, the amount will be limited to the amount of the order paid by the Registered User to LITTLE CIGOGNE SAS.
The Registered User has sole responsibility for the usage of his authentication data. He is responsible for its confidentiality. The Website cannot be held responsible for any disclosure of these data. An order placed by the Registered User with his authentication codes is assigned to him. The Website cannot be held responsible for the damages caused by the Registered User’s disclosure of personal and confidential data and its usage by a third party.
Article 19. PERSONAL DATA PROTECTION
The information and data collected by LITTLE CIGOGNE SAS for the Registered User’s order are compulsory for the handling and management of the order and for commercial purposes.
Therefore, the information can be shared with the companies that are involved in the order processing, for the management, execution, delivery or payment of the order. This information and data are also retained for security purposes, to meet legal and regulatory obligations and to allow LITTLE CIGOGNE SAS to improve and personalize the offered services and the communication. In accordance with the “Informatique et libertés” French Law, Registered Users are entitled to access their personal data and amend them at all time. The Registered User should write to email@example.com, with his name, first name, email address and Customer reference number.
Depending on the subscription choices made for his account, the Registered User can receive special offers from LITTLE CIGOGNE SAS and its partners as specified in the “My Account” page.
LITTLE CIGOGNE reserves the right to use the statistics collected through the Registered Users’ surveys for its service improvement, or partner services’ improvement.
Article 20. ADVERTISSEMENT ON THE WEBSITE
LITTLE CIGOGNE SAS can decide to show an advert on the Website at any time and has complete freedom in choosing the display of its advertisements, the advertisers and the visualisation of these advertisements.
Article 21. CHANGES IN THE GENERAL TERMS AND CONDITIONS OF SALE
LITTLE CIGOGNE SAS reserves the right to modify these General Terms and Conditions of Sale.
In order to stay up to date on these, LITTLE CIGOGNE advises its Registered Users to read them on the Website on a regular basis. The order shall be subject to the current Terms and Conditions.
Article 22.CONTINUATION, TRANSFER OF RIGHTS AND CONTRACT OBLIGATIONS
The contract between the Registered User and LITTLE CIGOGNE SAS and/or his heirs and beneficiaries are legally binding on the parties.
The contracts, rights and obligations of the Registered Users cannot be ceased nor transferred without prior written consent.
The contracts, rights and obligation of LITTLE CIGOGNE SAS can be ceased or transferred at any time without prior consent from the Registered User.
Article 23. THE SAVEGUARD CLAUSE
If any one of the clauses of the General Terms and Conditions of Sale should prove to be null with respect to a current law or a legal decision having become definitive, it shall not lead to the nullity of the contract or alter the validity of its other provisions.
Article 24. APPLICABLE LAW AND COMPETENT JURIDICTION
The sale of products on the Website is subject to French law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between LITTLE CIGOGNE SAS and the Registered User, will be the exclusive competence of the Tribunals de Paris.
The information kept in LITTLE CIGOGNE SAS computerized systems and its partners’ systems are recognized by both parties as proofs of communications, orders and payments between the parties unless proven otherwise.
Article 25. NEWSLETTER SUBSCRIPTION
By accepting the present Terms and Conditions with the subscription of one of the offers by Little Cigogne, the Visitor and the Member authorise LITTLE CIGOGNE SAS to send him emails to the address indicated while his visit and/or his subscription on the website.
The cancellation of the subscription to the newsletter is possible for the Member at any time in "My account", button "Newsletter" and by sending an email to the address firstname.lastname@example.org for the Visitor and the Member.
Article 26. CUSTOMER SERVICE
Concerning every question the FAQ is available on the website www.littlecigogne.com/en/faq.
Concerning every special question the customer service is accessible under the email address email@example.com.