General conditions of sale and use
Date of last update: 23-01-2023
PREAMBLE
The website www.mapetiteplanetemontessori.com (hereinafter "the Site") offers the online sale to consumers and professionals of products approved by the International Montessori Association or falling within the pedagogical principles defined by Maria Montessori, as well as an information blog on the Montessori universe.
The Site is operated by the company My Montessori Family, whose references are as follows:
MY MONTESSORI FAMILY, a simplified joint-stock company with share capital of €1,000, whose registered office is located at 7 RUE DE VILLAFRANCA 75015 PARIS 15, registered with the Paris Trade and Companies Register under number 852 109 487 – VAT : FR76 852 109 487
1. Purpose and scope
These general conditions of sale and use (the "General Conditions") are established by the company MY MONTESSORI FAMILY (hereinafter the "Seller") for the attention of simple users of the Site as well as users purchasing the products sold , whether they are consumer or professional buyers (together hereinafter referred to as “Customers”).
The General Conditions define the conditions under which Customers can use the Site and purchase the products offered for sale.
They apply to any use of the Site and to any order made through it.
The Customer acknowledges having read the General Conditions and accepting them without reservation. In case of disagreement with the General Conditions, it is up to him not to use the Site.
The General Conditions are supplemented by the special conditions of sale detailed on the sheets of the products sold and during the ordering process. In the event of contradiction between these special conditions and the General Conditions, the former shall prevail.
The Seller reserves the right to modify the General Conditions at any time without prior notice to the Customer. The General Conditions applicable to the order are those online at the time it was placed.
3. Offer of products for sale
3.1 Product sheets
The product sheets present the characteristics of the products. These indications are intended, without being exhaustive, to inform the Customer as completely as possible about the essential characteristics of the products, in accordance with article L.111-1 of the Consumer Code.
3.2 Warnings, tips and instructions for use
Children's products have recommendations as to the age of children for whom they are intended, and instructions for use. A warning is presented, when the product is unsuitable for children under 3 years.
3.3 Photographs of the products
The photographs of the products are intended to inform the Customer about the general visual characteristics of the products.
The Customer is informed that, depending on the nature of the product, minor visual differences between the photographs and the product delivered may be present (eg shades of color). These differences cannot affect the characteristics of the product described on the Site.
3.4 Availability
The product offers presented on the Site are valid within the limits of available stocks.
The Seller strives to inform Customers in real time about the availability of products. However, it may happen for technical reasons that an order is accepted when stocks are exhausted. In this case, the Seller undertakes to offer an alternative solution or a refund of the order by email, within 14 days of the Customer's response by which the latter indicates the solution he has chosen.
4. Orders made online
4.1 Access to the service
To proceed with an order, the Customer certifies that he is an adult natural person with the capacity to contract on his own behalf or a professional duly authorized by the legal person in whose name he is acting.
The acquisition of products on the Site assumes that the Customer has a computer or a smartphone and access to the Internet, any costs of connection and use of the Site remaining at his sole expense.
The Customer who wishes to use the Site expressly undertakes not to communicate false information.
Accepted payment methods and any delivery restrictions are displayed at the start of the shopping process.
4.2 Faculty to create an online account
The Customer has the option of creating a customer account (hereinafter “Customer Account”).
For the creation of his account, the Customer will be asked to indicate his surnames, first names and an e-mail address.
At the end of the creation of his Customer Account, a confirmation email summarizing the information provided is sent to the Customer on the address he will have previously provided.
The Customer agrees to provide the Seller with accurate, up-to-date, complete data and to maintain its accuracy. The Customer agrees not to create an account under a false identity. It is up to the Customer to update the data concerning him.
The connection identifier is the Customer's e-mail address. Access to the Client Account is protected by a personal and confidential password. The Customer undertakes to keep it secret and not to communicate it to any third party for any reason whatsoever. The Customer is responsible for his password. If he notices that his account is being used fraudulently, the Customer undertakes to immediately notify the Seller.
4.3 Order path
Step 1: Constitution of the basket
The Customer selects the products he wishes to order, which he adds by clicking to his basket. The contents of the basket can be consulted at any time by clicking on the button provided for this purpose.
Step 2: Validation of the order by the Customer
When he consults his basket, the Customer clicks on the order validation link. He then accesses a page presenting the inventory of his order and chooses a delivery method, at the price indicated.
The Customer then fills in the information necessary to identify him and deliver the order. The Seller cannot be held responsible for the consequences of the communication of erroneous information.
The Customer is then presented with the summary of the order, which indicates the content of the order, the delivery methods and the total price. The Customer validates his order by checking the box "I have read and I accept the general conditions of sale and use " then by clicking on the dedicated button to proceed with the online payment.
Step 3: Confirmation of the order by the Seller
The order is validated by the Seller when it receives confirmation of payment from the online payment service provider. The Seller then sends a confirmation e-mail to the Customer containing: the indication of the final validation of the order, a summary of the order, the delivery time and terms as well as, where applicable, the related invoice.
The order is definitively validated when the confirmation email is sent by the Seller. Any definitively validated order entails an obligation to pay. It is considered irrevocable and cannot be called into question except in the cases provided for in the General Conditions.
5. Prices and terms of payment
5.1 Price
The prices of the products are prices including VAT in euros including the VAT applicable on the day of the order.
5.2 Means of payment
Payment can be made by:
- Bank cards: Visa, Mastercard, American Express;
- PayPal.
6. Delivery of orders
The Customer can choose to collect their order at the school or have it delivered.
6.1 Withdrawal from school
Orders are made available for 10 working days after the Customer receives the "ready for pickup" notification at the following address:
My Little Montessori School
55 rue des Morillons 75015 Paris, France
The delivery is made on presentation by the Customer of his identity document.
6.2 Delivery
- Delivery zone
The Seller offers delivery of the products throughout mainland France, Belgium and Luxembourg.
- Carrier and delivery method
Delivery is made by the COLISSIMO service of LA POSTE.
- Delivery times and delays
Delivery times are indicated on the product sheets.
In the event of late delivery, the Customer may:
- Give formal notice to the Seller to make the delivery within a reasonable time, by email to the address: contact@mpemontessori.com. The Seller delivers the product within this new period or, after this period, refunds the order within 14 days;
- Request the cancellation of the contract, if it is clear that the Seller will not make a new delivery or if the delivery date constitutes an essential condition of the order, either because it has informed the Seller of this, or because results from the circumstances of the conclusion of the contract.
- Shipping cost
Delivery costs are the responsibility of the Customer.
- Receipt of order
The order is delivered to the address indicated, without the Customer's signature .
If the Customer is not present to ensure receipt and his mailbox cannot contain the package, the order will be stored in the nearest post office for 15 days calendar. The Customer is informed of this by a delivery notice in his mailbox. He will be able to pick up his order by presenting himself with an identity document to the address indicated.
6.3 Risks and damages
The risks of loss or damage are borne by the Seller, until the Customer takes physical possession of the order.The Customer checks the condition of the package and the products on delivery. In the event of a damaged or incomplete order, it is up to the Customer to formulate reservations on the delivery note, and to refuse delivery, specifying the reason on the delivery note.
Reservations must be written precisely. The Customer is invited to take photographs of the order.
In the event that the Customer has signed his delivery note without reservation and that he nevertheless notices, after opening the packages, damaged or missing products, he will notify the Seller, within thirty-six hours (36H) following the receipt of the order by email to customer service at: contact@mpemontessori.com
The Professional Client undertakes to confirm its reservations for damage and partial losses by registered letter addressed to the carrier within three days, not including public holidays, following that of receipt of the order.
6.4 Orders not delivered by the Customer
If the Customer does not have the order delivered to the school or the post office within the time allowed, the Seller shall refund the price of the order less any costs incurred.
7. Consumer right of withdrawal
In accordance with article L.221-18 and following of the Consumer Code, the consumer Customer benefits from a right of withdrawal allowing him to return the goods to the Seller and obtain a refund, except for downloadable products. .
To exercise this right, the Consumer Customer must imperatively send within fourteen (14) days from the receipt of the order the withdrawal form (see end of the General Conditions):
- By email to the following address: contact@mpemontessori.com
- By mail to the following postal address: My Little Montessori School, 55 rue des Morillons 75015 Paris, France
When he exercises his right of withdrawal, the consumer Customer returns the order within fourteen (14) days following the day on which the form was sent to the Seller.
In accordance with article L.221-23 of the Consumer Code, the cost of returning the products will remain the responsibility of the consumer Customer except in the event of a lack of conformity of the products delivered with the order (in this case, the return costs will be borne by the Seller).
The deadlines expressed in this article run from the day after receipt of the shipment. They end when the last hour of the last day of the deadline expires. If the period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
8. Warranties
The Seller is bound by the following legal warranties.
8.1 Legal guarantee of consumer conformity
The Seller guarantees the consumer Customer against defects in the conformity of the products in accordance with articles L.217-1 and following of the Consumer Code relating to the legal guarantee of conformity.
In the event of a lack of conformity, the Customer may request, according to his choice: the replacement of the product, a proportional reduction in the price or its reimbursement. The Seller may refuse to replace the product under the conditions provided for by the Consumer Code,
in particular if this solution would entail a disproportionate cost or in the event of unavailability of the product.
As part of this warranty, the Customer has a period of two (2) years from delivery to act and is exempted from providing proof of the existence of the lack of conformity upon receipt of the order.
8.2 Warranty against hidden defects
The Seller guarantees the consumer Customer as a professional against hidden defects of the products, in accordance with articles 1641 and following of the Civil Code.
Hidden defects are defects which render the product unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.
The Customer has the choice between returning the product or being reimbursed for part or all of the price.
The guarantee against hidden defects is valid for 5 years following the purchase. Nevertheless, complaints must be presented within two (2) years following the discovery of the defect.
8.3 Disclaimer of warranty
The warranties do not apply in particular to defects resulting from:
- Wear and tear from normal use of the product;
- Non-compliance with the instructions for use.
9. Refunds
See refund policy.
Use of the Site does not entail any transfer of intellectual property rights. The Seller and its suppliers remain the owners of all the rights that they hold or that have been granted to them by third parties on the creations presented on the Site, and in particular the brands, logos, visual, sound and textual creations, product interfaces and visuals.
Except with the prior written authorization of the Seller or a supplier, no one may carry out any reproduction, representation, adaptation, integration, translation or partial or complete modification of all or part of the elements making up the Site.
Finally, the Seller reminds that any creation of a hypertext link to a page of the Site is subject to its express, prior and written agreement.
10.2 Products sold
With the exception of the rights necessary to use the product for personal or professional use in accordance with its intended purpose, the purchase of the product does not result in the transfer to the Customer of the intellectual property rights held by the Seller or its suppliers on the product and its packaging
Without the prior written authorization of the Seller or a supplier, no one may carry out any reproduction, representation, adaptation, integration, translation or partial or complete modification of all or part of the creations protected by an intellectual property right.
10.3 Products made available free of charge by MY MONTESSORI FAMILY
The products made available free of charge are only likely to be reproduced, for personal or professional use for children's play and education.
It is strictly forbidden to modify, adapt, translate or integrate all or part of the products and/or to exploit them commercially.
10.4 Signs distinctive
The distinctive signs (trademarks, trade name, logos or other) of the Seller and its Suppliers remain their entire property. They cannot be reproduced or used without the perpetrator incurring civil and criminal liability.
10.5 Legacy of Maria Montessori
This article cannot be interpreted as claiming a private right to the name of Maria Montessori and the precepts defined by her.
11. Liability
The responsibility of the Seller cannot be engaged:
- When the non-performance of its obligations under the General Conditions results from an event of force majeure as defined by the Civil Code and interpreted by the French courts;
- In the event of non-compliance with the General Conditions by the Customer;
- In the event of the theft of the Customer's identity;
- When the Client provides him with incorrect information;
- In the event of non-compliance with the instructions for use of the products.
Accessibility and availability of the Site
The Seller undertakes to make its best efforts to ensure that Customers have access to the Site at all times. However, it cannot be held responsible in the event of unavailability of the Site, for any reason whatsoever.
Third-party sites
The Site may contain links to sites published by third parties, over which the Seller has no control. It cannot be held responsible for the use of these sites by the Customer.
12. Personal data
The Seller collects personal data concerning the Customer. The latter acknowledges having consulted and accepted the Seller's Data Protection Policy, available below.
13. Nullity and non-waiver
In the event that one of the clauses of these General Conditions would be null and void for any reason whatsoever, the validity of the other clauses would not be affected.
Failure by the Seller to exercise the rights granted to it under the present conditions does not constitute, on its part, a definitive waiver to assert these rights.
14. Applicable law and settlement of disputes
14.1 Applicable law
These General Conditions are governed by French law.
14.2 Complaints
Any complaints should be addressed to Customer Service:
- By e-mail to the address: contact@mpemontessori.com
He can also use the European Online Dispute Resolution platform, allowing the disagreement to be transmitted to a competent national mediator, accessible at the following address:
- https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
When he is a consumer, the Customer may seize either one of the courts with territorial jurisdiction under the Code of Civil Procedure, i.e. either the court of the place where he lived at the time of the conclusion of the contract. , i.e. the place where the harmful event occurred.
Any dispute with a person who does not have consumer status will be submitted to the competent court in Paris.