The legal stuff: Our customer terms and conditions

1. A bit of background 1.1 Please review these T&Cs carefully and make sure that You understand them before using the Website and/or making an Order. These Terms and Conditions constitute a legally binding agreement between: (a) in the context of Your use of this Website, You and Le Petit Planet; and (b) in the context of the Contract for Your purchase of Products, You and the relevant Vendor who is the seller of those Products. As described below in Sections 4.2 and 4.3, we conclude this Contract on the relevant Vendor’s behalf. 1.2 Acceptance. By accessing this Website or purchasing any Products, You agree to be bound by these Terms and Conditions. If You do not accept them, You cannot purchase any Products and should cease using the Website immediately. 1.3 Consumers only. The Products and services offered via this Website are for consumers only – they are only to be used for non-commercial, non-business, private purposes. By accepting these Terms and Conditions You promise to Us that You are a consumer and not acting on behalf of a business. 1.4 Termination. Le Petit Planet may change or discontinue the availability of the Website and at any time without prior notice. 2. Definitions When We use certain capitalised words here, they have the specific meaning outlined either in this Section 2 or in the sentence where that term is defined. You’ll be able to spot definitions by looking out for terms that look like this: (“Defined Term”). 2.1 “Account” means Your account for Le Petit Planet, which is created when You complete the registration process on the Website. 2.2 “Contract” means the contract for the sale and purchase of the Products between You and the relevant Vendor (as identified on Your Order confirmation email)., 2.3 “Listings” is a summary on the Website of Products containing, without limitation, an image of the Product, its description and a statement of its then-current price. 2.4 “Order” means Your order for the purchase of Product(s) from a Vendor that You place via the Website. All derivatives of the word “Order” (such as “Ordered”) should be understood in the context outlined in this definition. 2.5 “Products" means the Vendor's goods, which it offers for sale via the Website. 2.6 "Vendor” means the independent boutique or brand for whom Le Petit Planet: (a) markets, promotes and publishes Products through the Website; and (b) accepts and processes Orders from end-users of the Website for those Products, as described in these Terms and Conditions. 2.7 “Terms and Conditions” means the T&Cs set out on this page, together with the Le Petit Planet policies explicitly referenced herein (e.g., Le Petit Planet Returns Policy). 2.8 “Website” means www.LePetitPlanet.com (including its subdomains) and any other associated applications or website owned and/or operated by Le Petit Planet. 2.9 “You”, “Yours” and “Yourself”, means an end-user of the Website. 3. How to contact us 3.1 “Le Petit Planet” is a company incorporated and registered in England with company number 13134447 and whose registered office is at Evolution House, Iceni Court, Delft Way, Norwich, Norfolk, NR6 6BB. In these Terms and Conditions, “We”, “Our” and “Us” are all references to Le Petit Planet – however, in the context of the Contract, You should read these terms as references to the relevant Vendor from whom you Ordered the Products (see Section 4 and Section 4.5 for more detail). 3.2 You can email Le Petit Planet at customercare@lepetitplanet.com. 3.3 If We have to contact You from time to time, We may do so by emailing the address You provided when You went through the checkout process on the Website or the one that is registered on Your Account. 4. How Le Petit Planet works 4.1 Ordering via the Website. We operate as an electronic marketing platform, on which Listings are posted by our selected Vendors for their Products. These Products are made available by those Vendors to You. Le Petit Planet allows You to make Orders to pay for Products through the Website and have the Product(s) delivered to the address You specify. 4.2 Your Contract is between You and the relevant Vendor, not Le Petit Planet. You are buying the Products from the Vendor, not Le Petit Planet. We are authorised to act as the facilitator of Our Vendors (who act as principal) to conclude and enter into the Contract with You. 4.3 We are not a party to the Contract. We are the intermediary marketing and promotions platform that facilitates You making Orders with Vendors and Your payment for that Order. 4.4 The Contract is formed when the relevant Vendor confirms to Us that it has the relevant Products in stock and we send you an Order confirmation email to confirm. This will be sent to the email address associated with Your Account or, if You check-out as a ‘guest’, to the email address You entered during the checkout process. 4.6 Products may vary from their pictures. Le Petit Planet aims to use the Listings to provide you with the essential characteristics of the Products to inform your purchase. Although We try to make sure they are as faithful as possible to the real thing, any images shown are for illustrative purposes only – given the digital method of presentation, it is possible that Your perception may not exactly match the relevant Product itself. 4.7 Le Petit Planet may, at its discretion, give you a promo code that you can use to reduce the price of specified Products. Where you receive a promo code, it must be applied at checkout, and cannot be applied retrospectively. Each promo code comes with its own terms (e.g. minimum spend, applicable Vendors, applicable Products and when it can be used by), which will be made clear at the time it’s issued to you. If you’re given a unique promo code that is created specifically for your use, it cannot be shared or transferred to other customers, or posted on a public forum. Le Petit Planet reserves the right to cancel and/or suspend any promo codes that We feel are being misused. Any promo codes applied against the applicable terms or these Terms and Conditions, will be removed from the Order. 4.8 Le Petit Planet may, at its discretion, run competitions. Competitions are only open to those aged 18 years or over, and exclude Le Petit Planet and competition partner employees and their immediate family. You will be notified of other terms that relate to the competition including eligibility criteria, start and end time and date, the prize, how the winner will be selected and notified, and how to claim the prize if You win. You will not be eligible to participate or win if You do not comply with those terms. Le Petit Planet’s decision regarding the winner is final. Le Petit Planet reserves the right to require participants to prove that they are eligible. If the winner is found to be ineligible, Le Petit Planet reserves the right to award the prize to another participant and to require the return of any prize already awarded. Winners may not substitute prizes in whole or in part for cash or any other item. Le Petit Planet reserves the right to terminate, amend or extend any competition (and substitute the prize to something of equal or greater value) in the event of exceptional circumstances outside its control, which affect its ability to operate the competition. Le Petit Planet will not be responsible for any damage, loss or injury resulting from entry into the competition or the prize, except where its liability may not, as a matter of law, be limited. 5. Payment 5.1 By submitting an Order and providing Us with Your payment card details at checkout, You authorise Le Petit Planet (acting by its payment processor) to charge the relevant account to take payment for Your Order on behalf of the relevant Vendor. Neither Le Petit Planet nor the relevant Vendor will be responsible for any losses you may suffer if the payment method You use to pay for an Order does not have sufficient funds to cover all costs of that Order. 6. Delivery and other charges 6.1 The prices shown on Listings for Products do not include delivery charges. The relevant delivery charges for where You choose to have the Products delivered to will be displayed during the checkout process. 6.2 Your Order will be delivered by the Vendor using a third-party courier service. Any estimated delivery dates displayed on the Website, or in any confirmation email or webpage, are simply estimates – they do not represent a guarantee that the Products will arrive by that date. Furthermore, where parcels are held by customs clearance agencies, there may be significant delays to delivery. Unfortunately, these delays are beyond Our control and We cannot accept responsibility for them. If You do not receive a delivery in time, You may cancel Your Order in accordance with the cancellation policy detailed below, as well as the practices described in Our Returns Policy. 6.4 From 1 January 2021, on any Order You make of a UK Product to be delivered to a country outside the UK, or of non-UK Product to be delivered in the UK, Le Petit Planet may add applicable customs and/or import duties and/or import taxes to such Order and any applicable VAT at checkout and you agree to pay such customs and/or import duties and taxes at checkout. Where Le Petit Planet adds such customs and/or import duties and taxes to the checkout page, Le Petit Plant shall be responsible for transmitting and reporting the applicable customs and/or import duties and taxes to the relevant authorities, not You, and You acknowledge and accept this. Where Le Petit Planet does not include customs and/or import duties at checkout, then You accept and acknowledge that You will be responsible for the separate payment of any such customs and/or import duties and taxes that are not included at checkout on delivery. 7. Returns 7.1 Our Returns Policy details how and when You can return any Products You have Ordered and is incorporated into these Terms and Conditions by reference. We have set out Our policy on returns in this separate page to ensure that all necessary information is in one place and as clear as possible – however, the contents of this page do not affect any rights You may have at law (the key ones of which are outlined in Section 9). 7.2 As set out at 1.3. Products are for offered for non-commercial purposes only.Orders which are used for commercial purposes and subsequently returned (e.g. for use for photography) are actively monitored. Le Petit Planet reserves the right to refuse to serve any person suspected of undertaking this activity for future orders. If You would like to discuss Products for commercial purposes, please contact customercare@lepetitplanet.com. 8. Accounts 8.1 Although You can go through the order process as a ‘guest’, You may choose to register for an Account. To do this, you will have to provide certain information about Yourself during the registration process on the Website. 8.2. All the registration information You submit should be truthful and accurate. If for any reason any information You submit is or becomes untruthful, inaccurate and/or incomplete, You should update that information to maintain its accuracy. 8.3 You can delete Your Account at any time, for any reason, by following the Account deletion instructions within the Privacy Policy on the Website. 8.4 You are responsible for maintaining the confidentiality of Your Account log-in information (including, Your password). Accordingly, You are responsible for all activities that occur under Your Account. 8.5 You should notify Us immediately if You suspect or become aware of any unauthorised use of Your Account or any other breach of its security. 9. Your key legal rights 9.1 As You are purchasing Products online, You have a legal right to change Your mind within 14 days from delivery of the Products and receive a refund (excluding costs of delivery). You are responsible for the cost of return. Please note that these cancellation rights do not apply to: (a) any Products that are sealed (this includes any items such as underwear, which come with a hygiene strip) and that are not suitable for return due to health protection or hygiene reasons if they become unsealed, which become unsealed after delivery; (b) any Products that have been worn or used; (c) any Products that have had the tag or label removed; (d) any Products that have been customised (e) if the Products have become inseparably mixed with other items after delivery. 9.2 Returning faulty Products. The Products sold to You must be as described, fit for purpose and of satisfactory quality. This means that (having regard to the expected lifespan of the Product You Ordered) You are entitled to the following: (a) Up to 30 days: if the Products You received are faulty, then You can get a full refund. (this refund will include costs of delivery and return). (b) Up to six months: if the Products You received can’t be repaired or replaced, then You're entitled to a refund in most cases. (this refund will include costs of delivery and return). 9.3 To exercise the rights described in this Section 9, You should follow the procedures outlined in Our Returns Policy. We will discharge the relevant Vendors’ obligations to You in this regard acting as a facilitator. 9.4 In the first instance, We will try to refund any sums You are due under this Section 9 to the same payment method used to for the relevant Order. 9.5 Occasionally, We may, at Our sole discretion, amend Our Returns Policy to give You a longer period in which You may return Products where You change your mind (over and above the 14-day window set out in clause 9.1). Where We amend Our Returns Policy in such a way, provided You return the Product in question, We will refund the purchase price paid by You for that Product but not the delivery costs of Your purchase. You must also pay for the cost of returning the Product in question. 10. Our right to change things 10.1 From to time to time, We may make changes to these Terms and Conditions. If We do so, We will post an updated version of these Terms and Conditions on the Website. 10.2 The Terms and Conditions (as incorporated into the Contract) that will apply to Your purchase of any Products will be those that are in force at the time You place Your Order, unless We have notified You of a change that will materially affect Your Order before We send You the delivery confirmation and You have confirmed that You wish to proceed with Your Order. 11. Privacy and security policy Our policies and procedures relating to Our use of Your personal data are outlined in Our Privacy Policy. Please note that certain aspects of the Le Petit Planet offering (including facilitating Orders and making this Website available) require the use and disclosure of Your personal data, without which We couldn’t provide You with them. 12. Your conduct 12.1 By downloading and/or using the Website, You agree not to upload, post, email or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy and/or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. 12.2 You agree and undertake to keep Your username and password for Your Account confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password. 12.3 You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions. 12.4 Other restrictions. You also agree not to: (a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardise the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website; (b) attempt to gain access to secured portions of the Website to which You do not possess access rights; (c) impersonate any other person while using the Website; (d) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website; (e) resell or export the software associated with the Website; (f) use the Website to generate unsolicited advertisements or spam; (g) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website; or (h) use any automatic or manual process to conceal your billing country. 13. Restrictions In providing You with access to the Website, publishing Listings and permitting You to make Orders for Products via the Website, Le Petit Planet reserves the following rights, and in accessing, browsing or otherwise using the Website and/or making any Order via the Website, You grant to Le Petit Planet and agree that Le Petit Planet shall have the following rights: (a) to refuse or withdraw Your access to the Website in accordance with applicable laws (with or without notice) if We judge that You have violated or breached any of these Terms and Conditions; (b) to remove or amend any Listing without giving You notice or any reason; (c) to (acting as the facilitator of the relevant Vendor’s behalf) cancel any Order or amend in part any Order without giving You notice or any reason, save that in such circumstances Le Petit Planet shall refund such part of the Order as has been cancelled by it; (d) to amend or update the Website, prices of any Products, and available payment methods from time to time; (e) to report You to the police or other judicial body if Le Petit Planet believes in its sole and absolute discretion that Your conduct (whether in using the Website, making an Order for any Products or otherwise) is or may be unlawful. 14. Intellectual property 14.1 Subject to these Terms and Conditions (in particular, the restrictions outlined in the following section), Le Petit Planet grants You a licence to use and access the Website on the basis that this licence is: (a) not a commercial licence – You can only access and use the Website for Your own personal, non-commercial uses (i.e., not for Your business); (b) non-transferable – You can’t pass this right to someone else; (c) non-exclusive – other people can access and use the Website; (d) revocable – We have the right to remove Your ability to use the Website in accordance with these Terms and Conditions; and (e) limited – the licence does not extend beyond what has just been described above. 14.2 Le Petit Planet and/or Our licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website. 14.3 Any unauthorised use of the Website will result in the automatic termination of the limited licence granted by Us under Section 14.1. Le Petit Planet reserves the right to terminate the limited license without notice following an unauthorised use by You of the Website. 14.4 All rights reserved. All trademarks, logos, trade dress, service names and service marks (“Marks”) displayed on the Website are Le Petit Planet’s property or the property of certain other third parties. You are not permitted to use these Marks without Le Petit Planet’s prior written consent or the consent of such third party as may own the relevant Marks. 15. Our liability 15.1 We’re responsible to You only for foreseeable loss and damage caused by us. If We fail to comply with these Terms and Conditions, We are only responsible for loss or damage You suffer that is a foreseeable result of Our breaching these Terms and Conditions or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not a foreseeable result of Our breaching these Terms and Conditions or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time these Terms and Conditions are entered into, both We and You knew it might happen. 15.2 What We do not exclude. Nothing in these Terms and Conditions shall limit or exclude Our liability for: (a) death or personal injury resulting from Our negligence; (b) fraud or fraudulent misrepresentation; (c) Your key legal rights described in Sections 9.1 and 9.2; (d) any other liability that cannot be excluded or limited by English law. 15.3 We are not liable for business losses. This Website and the Products are only for domestic and private use. If You use the Products for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. 15.4 We are not liable for events outside Our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations that is caused by events outside Our reasonable control (“Force Majeure Event”). These include any act, event, non-happening, omission accident or Act of God beyond Our reasonable control. Our performance of Our obligations under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Terms and Conditions may be performed in spite of it. 15.5 We are not liable for Product unavailability. In case of unavailability of Products before or after Order, We will not be liable for any loss You suffer nor liable to You for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law. If unavailability is noticed after an order if placed, You will receive a refund for the Product unavailable yet purchased. 15.6 Le Petit Planet provides the Website “as is”. To the fullest extent that We are permitted to do so, We disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under applicable law. 16. General 16.1 These Terms and Conditions are governed by English law and We both agree to submit to the exclusive jurisdiction of the English courts, save that nothing in these Terms and Conditions excludes mandatory legal rights you may have or obligations Le Petit Planet may have in your country of residence, where Le Petit Planet is not allowed to exclude such as a matter of law. 16.2 Nobody else has any rights under these Terms and Conditions. Although the Contract is between You and the relevant Retailer (as described in Section 4.2), all other aspects of the agreement formed under these Terms and Conditions are between You and Le Petit Planet and no other person shall have any rights to enforce any of its Terms and Conditions. 16.3 The headings and titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The word "including” means “including without limitation”. 16.4 Even if We delay enforcing Our rights under these Terms and Conditions, We can still enforce them later. If We do not insist immediately that You do anything that You are required to do under these Terms and Conditions, or if We delay in taking steps against You in respect of Your breaking these Terms and Conditions, it will not mean that You do not have to do such things and it will not prevent Us taking steps against You at a later date. 16.5 If a court finds part of these Terms and Conditions illegal, the rest will continue in force. Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect. 16.6 Le Petit Planet may transfer Our rights and obligations under these Terms and Conditions to another organisation – for example, another member of Le Petit Planet’s group of companies or someone who buys its business. Le Petit Planet will take reasonable steps to ensure that any such transfer does not affect Your rights under these Terms and Conditions. 16.7 The agreement formed under Terms and Conditions, and each Contract, is personal to You and You cannot transfer any of Your rights under them to any other person without Our prior express written consent. 16.8 When We use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, You: (a) consent to receiving communications from Us by email; and (b) agree that all communications that We provide to You by email satisfy any legal requirement that such communications would satisfy if it were in hardcopy writing. 17. Vendors Without prejudice to Section 4.2 in the context of the Contract, for the terms that govern your vendor relationship with Le Petit Planet, please refer to the agreement you entered into with Le Petit Planet and not these Terms and Conditions. 18. Our Gift Cards To redeem Our Gift Card, You must enter the Gift Card code at checkout. Gift Cards are non-exchangeable and cannot be exchanged for cash. Gift Cards expire in accordance with the terms stated prior to and upon delivery. Once expired, any remaining balance will be forfeited and the Gift Card will be void. Le Petit Planet is not responsible for replacement of lost gift cards. If the value of Your purchase (excluding any additional charges such as delivery) is less than the value of the account credit, Your purchase amount will be debited from your gift card and the remaining amount will be sent to You as a new Gift Card code within 24 hours of the order being confirmed as successful. If the value of Your purchase (excluding any additional charges such as delivery) exceeds the value of the account credit, Le Petit Planet will calculate the remaining balance at checkout to be paid by debit or credit card. Delivery fees cannot be paid for using Gift Card credit and must be paid for by debit or credit card. For any purchase where the account credit was used as full or part payment, any refunds due to you in accordance with these Terms will be credited to you via the issuance of a new Gift Card code. There will be no monetary exchange for returned or cancelled orders made with account credit. 19. Le Petit Planet Reloved Le Petit Planet operates a resale platform (Reloved Platform) that allows customers to list their items to sell to others or to buy previously used items from other members of the community. Le Petit Planet lists on the Reloved Platform items that were originally purchased from Le Petit Planet and items from their partner brands. To provide evidence of the provenance of any item, purchased from Le Petit Planet, we store the details in a certificate which sits on a secure environment which is linked to our platform. Within 3 weeks of every purchase, we will record their purchase and their unique certificate to the customer’s account profile such that the customer can, if they so choose, to list the item for sale in our Reloved Platform. For customers who checked out as a guest, we will invite them to claim their certificate which will instruct us to store the item in their closet. It is a condition of sale in the Reloved Platform that you give Le Petit Planet permission to transfer the certificate to the new buyer on your behalf when the item is confirmed by us to be as described in the listing. As this automated action occurs, the item will be removed from your assets in your closet and the new customer is given the opportunity to claim the certificate.