Terms and conditions of sale

Preamble

These General Terms and Conditions of Sale (the “Terms”) govern the contractual relationship between:

• PRIME IT, publisher of the website www.petit-pinceau.fr(hereinafter “Petit Pinceau” or “the Seller”), whose details are provided in the legal notice;
• Any adult natural person, acting as a consumer, making a purchase on the website (hereinafter “the Customer”).

Any order implies full and unreserved acceptance of these Terms.

Article 1: Purpose

Petit Pinceau offers for sale personalised colouring albums (the “Products”), created from the photographs supplied by the Customer and transformed into colouring illustrations through a digital image-processing pipeline, then printed and bound in France.

Article 2: Orders

Orders are placed exclusively online at www.petit-pinceau.fr. The Customer:

• selects an album format (6, 12 or 24 photos);
• uploads the photographs that will be used as a basis for the illustrations;
• validates the order and proceeds with payment, which forms the contract of sale.

An order confirmation is sent by email. Petit Pinceau reserves the right to refuse an order for any legitimate reason (non-compliant photographs, execution difficulty, suspicion of fraud, etc.).

Article 3: Prices

Prices are displayed in euros, all taxes included, excluding shipping costs where applicable. Shipping costs are indicated before final validation of the order. Petit Pinceau reserves the right to amend its prices at any time, it being understood that the prices applicable are those in force at the time of the order.

Article 4: Payment

Payment is made online by debit or credit card via the provider Stripe, which ensures transaction security (PCI-DSS standard, SSL/TLS encryption). Petit Pinceau does not retain any banking data.

Article 5: Delivery times and arrangements

The Products are delivered to mainland France, the French overseas departments and territories, the European Union, the United Kingdom and its dependencies, Switzerland, Norway, Iceland, Liechtenstein, as well as the European micro-states (Andorra, Gibraltar, Monaco, San Marino, Vatican). The exhaustive list is displayed at checkout.

The indicative lead time is 5 to 7 working days from the order date for mainland France, and 7 to 12 working days for the other covered destinations: 1 working day for in-house preparation and rendering review, then manufacturing and transport time. Delivery is provided with tracking.

In the event of a delay not attributable to the Customer, the latter may request termination of the order under the conditions provided for in article L216-2 of the French Consumer Code (Code de la consommation).

Article 6: Right of withdrawal, exclusion (personalised product)

In accordance with article L221-28 3° of the French Consumer Code (Code de la consommation), the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer's specifications or clearly personalised.

Petit Pinceau albums being entirely personalised based on the photographs and choices of the Customer, they expressly fall within this exclusion. The Customer acknowledges being informed of this before validating their order, and waives any right of withdrawal for Products thus manufactured.

Article 7: Legal guarantees

The Customer benefits as of right from the following legal guarantees:

• Legal guarantee of conformity (articles L217-3 et seq. of the French Consumer Code), for 2 years from delivery of the goods.
• Guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), allowing action within 2 years from discovery of the defect.

Claims under these guarantees may be sent to contact@petit-pinceau.fr.

Article 8: Complaints and consumer mediation

Any complaint may be sent by email to contact@petit-pinceau.fr. In accordance with articles L.611-1 et seq. of the French Consumer Code, the Customer has the right to use free of charge a consumer mediator in the event of a persistent dispute.

Membership of an approved consumer mediator is currently being finalised. Full contact details (mediator name, postal address, website) will be updated in this article as soon as the membership takes effect.

The Customer may also use the European online dispute resolution platform: ec.europa.eu/consumers/odr.

Article 9: Personal data

The processing of personal data (including photographs transmitted) is governed by our Privacy Policy, which forms an integral part of these Terms.

Article 10: Intellectual property

The illustrations generated become the property of the Customer upon delivery, strictly limited to private and family use. Any commercial exploitation is prohibited. Petit Pinceau's designs, visual identity and know-how remain the exclusive property of PRIME IT.

Article 11: Force majeure

Petit Pinceau cannot be held liable in the event of a force majeure event as defined by French case law.

Article 12: Applicable law and jurisdiction

These Terms are governed by French law. Failing amicable resolution, any dispute will be brought before the competent French courts under the rules of ordinary law.

Article 13: Language

These Terms are originally drafted in French. An English version is provided for the convenience of non-French-speaking Customers. In case of discrepancy between the French and English versions of these Terms, the French version prevails.