Terms and conditions of sale

General terms and conditions of sale and use

The present General Terms and Conditions of Sale (hereinafter referred to as "GTCS") are entered into between Trendyadapt, a company incorporated under German law with registration number 70307/08595 with the Leonberg Commercial Register, having its registered office at Hauptstr 26-3, 71272 Renningen, whose trading name is Trendyadapt, and any person who has visited and/or made a purchase from the www.my-pipo.com website, hereinafter referred to as "Trendyadapt". Any purchase or visit to the www.my-pipo.com site automatically implies acceptance of all of these conditions.

By way of introduction, it is necessary to define the terms used in these GCS.

ARTICLE LIMINAIRE

Customer: any user of the Site who has a customer account on the Site and/or who makes a purchase of a Product via the Site. Each Customer is a User of the Site.

Order: process whereby the Customer chooses the Products he/she wishes to purchase on the Site. This Order is finalized when the Customer has chosen the Products he/she wishes to have delivered, as well as the delivery options, and when he/she has finalized payment for these Products.

Product: refers to any product that can be viewed or purchased on the Site by a User. It may be a product present on the Site and not yet purchased by the User, or a product present (or not) on the Site and purchased by the User.

User: any person accessing the Site, whether or not they are a Customer.

Site: web page www.my-pipo.com and all related web pages.

ARTICLE 1 - PURPOSE AND SCOPE OF THESE TERMS AND CONDITIONS

• The purpose of these GTC is to define the conditions under which Users may access or use the Site.
• The parties are bound by all the terms, conditions and policies described herein, as well as by any additional terms and conditions referred to in these GTC.
• By visiting any part of this Site and/or purchasing a Product, each User agrees, without limitation or qualification, to be bound by these GTC.
• These GCS are notified to Users for acceptance prior to any Order on the Site. These GTC are considered as an offer, acceptance of which is limited to the strict terms, conditions and policies defined in 2) of the present article.
• All new tools, functionalities, Products and services added after the date of publication of these GTC shall also be subject to these GTC.

ARTICLE 2 - CURRENT VERSION OF THE GTSC

• The prevailing version of the GCS is the latest version available on the Site.
• Trendyadapt is free to update, change or replace any part of these GTC, at any time and without notice, in order to take into account any administrative injunction or recommendation, as well as any legal, jurisprudential and/or technical evolution. When completing a new Order, the Customer accepts the GTC in force at the date of said Order. It is the responsibility of each User to regularly consult updates to these GTC at the following address: www.my-pipo.com
• The User's access to the Site and/or the use of any function of the Site by the User, after the publication of any modification to these GTC, constitutes acceptance by the User of these new GTC. If a User does not accept the GTC or any subsequent modifications, it is the User's responsibility to refrain from using the Site.

ARTICLE 3 - CONDITIONS OF USE OF THE SITE

• The Site is hosted on Shopify inc., supplier of the digital e-commerce platform that enables Trendyadapt to present and sell its Products and services.
• By accepting these GTC, the User expressly declares that he/she has reached the age of majority in his/her country, state or province of residence, and that he/she has given his/her consent to allow any person of minor age to use the Site at his/her expense.
• If the User is a legal entity, it must be duly represented under the conditions provided for by law, which it expressly acknowledges and accepts.
• The User undertakes not to use the Products or services of this Site for any illegal or unauthorized purpose.
• The User undertakes not to jeopardize the proper functioning of the Site by the use of computer means such as worms, viruses or any other computer code or process of a nature prejudicial to the Site.
• The service of the Site, its operation as well as any part or any content of the service of the Site, can be interrupted at any time by Trendyadapt and this without notice or any other prior information of the User. Trendyadapt is not responsible for any suspension or interruption of the service, part of the service of the Site or the operation thereof.

ARTICLE 4 - GENERAL CONDITIONS

• Trendyadapt reserves the right to refuse access to the services to any person at any time, for any reason whatsoever. Furthermore, Trendyadapt reserves the right to limit sales of Products or services in any geographic region or jurisdiction.
• Trendyadapt reserves the right to limit the quantities of any Products or services it offers.
• User acknowledges and agrees that all Product descriptions and Product prices are subject to change at any time without notice at Trendyadapt's sole discretion.
• Trendyadapt reserves the right to stop offering a Product at any time without notice, at Trendyadapt's sole discretion.
• Trendyadapt acknowledges that any offer of a Product or service presented on its Site is void where prohibited by law.

ARTICLE 5 - PRICES

• The User acknowledges and accepts that the price of Products may be modified without prior notice. In particular, such modifications may occur due to variations in the price of raw materials, logistical costs or any other reason. Trendyadapt is not responsible for the consequences of such price changes.
• The Product prices applied to the Customer correspond to those displayed on the Site at the time of the Order.
• Product prices are in euros and include all taxes.

ARTICLE 6 - PRESENTATION OF ITEMS

• The User declares that he/she is aware that photographs of the Products are present on the Site, and that they enable the appearance of the Products to be displayed as clearly as possible, particularly with regard to their color.
• The User acknowledges that Trendyadapt cannot guarantee that the Products will be exactly identical to the photographs, due in particular to the technical constraints of making photographs available on the Site, or to existing differences between the screens of the Users' electronic devices.
• The User acknowledges and accepts that Trendyadapt does not guarantee that the quality of all Products, services and information will meet the User's expectations, nor that any error in the service or operation of the Site will be immediately and systematically corrected by Trendyadapt.
• The User acknowledges and accepts that the Site may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and product availability. Trendyadapt reserves the right to correct any error, inaccuracy, omission, and to change or update information or cancel orders, if any information on the Site is inaccurate, at any time and without notice, including after a Customer has placed an Order.
• The User acknowledges and accepts that Trendyadapt is not obliged to update, modify or clarify any information on the Site or any associated website, including but not limited to price information, except where clarification is required by law.
• The User declares that he/she is fully aware of the provisions of the present article, and therefore agrees not to hold Trendyadapt liable in this respect, except in the cases provided for by law.

ARTICLE 7 - OPTIONAL TOOLS

• Trendyadapt may, in certain cases, provide access to third-party tools over which it exercises no monitoring, control or influence, which the User acknowledges.
• The User expressly acknowledges and agrees that Trendyadapt provides access to such tools "as is" and "as available", without any warranty, representation or condition of any kind, and without any approval required of the User.
• User expressly acknowledges and agrees that use of the optional tools on the Site is at User's own risk and discretion. Trendyadapt advises the User to consult the conditions to which these tools are subject by the third-party supplier(s) concerned.
• The User declares that he/she is fully aware of the provisions of the present article, and therefore agrees not to hold Trendyadapt liable in this respect, resulting from or linked to the use of these optional third-party tools, except in the cases provided for by law.

ARTICLE 8 - THIRD-PARTY LINKS

• The User acknowledges that certain content, Products and services available through the Site may include elements originating from third parties.
• The User acknowledges that links from third parties on this Site may redirect the User to third-party websites that are not affiliated with Trendyadapt. Trendyadapt is not required to review or evaluate the content or accuracy of such sites, and does not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.
• The User expressly acknowledges and agrees that Trendyadapt is not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with such third party websites.
• Trendyadapt cautions the User to carefully read and understand the policies and practices of third parties before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties must be submitted to these same third parties.

ARTICLE 9 - USER COMMENTS, SUGGESTIONS AND OTHER PROPOSALS

• The User expressly acknowledges and agrees that, if it submits to Trendyadapt or about Trendyadapt specific content, or communicates creative ideas, suggestions, proposals, plans and/or other elements for improving the Site, the Products or Trendyadapt's service, whether online, by e-mail, by mail, or by any other means of communication, including the publication of comments on the Site, Trendyadapt reserves the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media all such elements of Trendyadapt commentary.
• User expressly acknowledges and agrees that Trendyadapt is under no obligation (1) to maintain the confidentiality of such comments (2) to pay any compensation or remuneration to anyone for such comments (3) to respond to or ensure the publication of such comments.
• User expressly acknowledges and agrees that Trendyadapt has the power but has no obligation to monitor, edit or remove any content communicated or published on the Site, which Trendyadapt believes, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, vulgar or otherwise objectionable, or which infringes any intellectual property or these TOS.
• The User agrees to write respectful, courteous comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights.
• The User agrees to write comments and communicate with Trendyadapt without using a false e-mail address, and/or pretending to be someone he/she is not, and/or attempting to mislead Trendyadapt staff and/or third parties as to the origin of his/her comments.
• The User acknowledges that he/she is entirely responsible for all comments he/she publishes, for their consequences as well as for their accuracy. Trendyadapt assumes no responsibility and declines all liability for any comments published by the User.

ARTICLE 10 - PERSONAL INFORMATION

The submission of the User's personal information is governed by Trendyadapt's Privacy Policy, which can be consulted at the following link: www.my-pipo.com

ARTICLE 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

• The Customer expressly undertakes and agrees to provide all Order and account information that is up to date, complete, exhaustive, accurate and fair concerning all Orders placed on the Site.
• The Customer undertakes and expressly accepts to keep all information relating to his/her account up to date, in particular his/her e-mail address, credit card numbers and expiry dates, for the proper execution of the Order he/she has placed. Trendyadapt cannot be held responsible in this respect.
• Trendyadapt reserves the right to limit or prohibit Orders which, in its sole judgement, might appear to come from merchants, resellers or distributors.

ARTICLE 12 - PROHIBITED USES

The User expressly undertakes and agrees not to use the Site or its contents for illegal purposes, or to incite third parties to carry out illegal acts, or to infringe or violate Trendyadapt's intellectual property rights or those of third parties, or to submit false, misleading and/or defamatory information to the public, or to collect or track the personal information of others, or to spam, phish, hijack a domain, extort information, browse, explore or scan the web, or to undermine or circumvent the Site's security measures.

ARTICLE 13 - ORDERING

• The User may browse the Site without any obligation to purchase. To place an Order, Products must be selected by the Customer, who adds them to his/her shopping basket. It is not necessary to create a personal account on the Site to place an Order.
• Once the Order has been finalized, Trendyadapt will confirm acceptance by sending an e-mail to the e-mail address indicated by the Customer when placing the Order. The Order is finalized once the Customer has paid in full and the payment has been received by Trendyadapt.
• The Customer expressly acknowledges and accepts that an Order that has been finalized and is in the process of being dispatched cannot be cancelled.
• Once the Order has been finalized, Trendyadapt undertakes to automatically send a tracking number to the Customer's e-mail address communicated when subscribing to an account on the Site or indicated by the Customer when placing the Order. It is the Customer's responsibility to register this tracking number, and if they do not receive it, to check their spam and/or e-mail filters. The Customer expressly acknowledges and accepts that Trendyadapt cannot be held responsible for the loss, misregistration or lack of diligence in finding the tracking number by the Customer.
• Once the Order has been finalized, Trendyadapt undertakes to send the Products within 3 to 5 working days. The Customer expressly acknowledges and accepts that this time limit may be extended due to the occurrence of an event of force majeure as defined in French jurisprudence and the Civil Code, or to any other event not reasonably under the exclusive control of Trendyadapt.
• Trendyadapt undertakes to honour validated Orders within the limits of available stocks. The User expressly acknowledges and accepts that Trendyadapt reserves the right to refuse any Order placed by a User in the event of a stock shortage or due to the occurrence of an event of force majeure as defined in French jurisprudence and the Civil Code, or to any other event that was not reasonably under the exclusive control of Trendyadapt, in particular the excessive and sudden increase in Trendyadapt's order book concerning one or more Products.
• User expressly acknowledges and agrees that Trendyadapt reserves the right, at its sole discretion, to reduce or cancel quantities purchased per person, per household or per order. Such restrictions could include Orders placed by or from the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address.
• In the event of modification or cancellation of an Order, Trendyadapt will notify the Customer by e-mail and/or by telephone provided by the Customer and/or by post to the billing address.

Article 14 - Delivery address error

• It is the customer's responsibility to check the accuracy of the delivery address given at the time of ordering. In the event of an error in the address provided by the customer, My Pipo cannot be held responsible for non-receipt of the parcel. If the package is delivered to an incorrect address or remains untraceable due to an inaccurate or incomplete address, no refund can be made, even if the package is marked as delivered or not returned.
  The customer is invited to contact customer service at the following address: info@my-pipo.com, in order to consider, if necessary, a re-delivery to the correct address. If this is accepted, the customer will be asked to pay a flat-rate charge of 25€, covering the costs of reshipment, processing, repackaging and product.

ARTICLE 15 - DELIVERY, EXCHANGE, RETURN

• Delivery charges are specified on the Site, inclusive of all taxes, and are displayed to the Customer when the Order is placed. The Customer must accept them when validating the Order.

• When validating the order, the customer has the option of taking out anti-theft insurance, offered in partnership with our shipping service. This insurance covers the risks associated with the loss or theft of the parcel after it has been dispatched.

  As the insurance is contracted with an external service provider and activated as soon as the parcel is dispatched, it is non-refundable, including in the event of return, cancellation or refund of the main order. By validating an order with this option, the customer expressly accepts this condition.

• The Customer acknowledges and expressly accepts that delivery charges depend on the territory of the address where the Product is received.
• Since Trendyadapt uses external service providers (carriers, postal services, various logistics and delivery service providers, etc.) for the dispatch and routing of Products, Trendyadapt depends on these third parties and is entirely dependent on these service providers. Consequently, the User expressly acknowledges and accepts that the shipment and delivery times indicated on the Site and in these GTC may be extended due to these third-party service providers, without Trendyadapt being liable for any delays in shipment and all the consequences that may result therefrom.
• The Customer expressly acknowledges and accepts that the automated tracking indicating a delivery, indexed by the tracking number automatically communicated to the Customer under the conditions of article 9, 4), is proof between the Parties of the correct receipt of the Product. In addition, the Customer expressly acknowledges and accepts that he/she is required to provide any evidence of non-delivery, which he/she undertakes to provide to Trendyadapt as soon as possible, so that Trendyadapt's customer service may, at its own discretion and in appreciation of the evidence provided by the Customer, decide to return Products identical to those ordered to the Customer, at no additional cost to the Customer.
• In accordance with the provisions of article L.221-28 of the French Consumer Code, the Customer expressly acknowledges and accepts that Products may not be the subject of a request for exchange or refund, unless the Products delivered are defective within the meaning of the French Civil Code, i.e. if they do not offer the safety that a standard person may legitimately expect. In the latter case, the Customer must provide Trendyadapt with all evidence of the product's safety defect as soon as possible, failing which Trendyadapt will not proceed with any exchange or refund, which the Customer expressly acknowledges and accepts.
• Delivery of Products takes place within 2 to 10 working days after dispatch of the Product. The Customer is informed that, on average, Products are delivered within 4 working days of dispatch.
• The User expressly acknowledges and accepts that a momentary shortage of stock, caused by high demand, may slow down the dispatch of Products and increase the dispatch time by 1 to 6 working days.

ARTICLE 16 - LIMITATION OF LIABILITY AND LEGAL WARRANTIES

• The User expressly acknowledges and accepts that Trendyadapt shall not be held liable for any obligations under these GTS in the event that non-performance of its obligations is attributable to the act of a third party, even if this is a foreseeable event, to the fault of the Customer, or to the occurrence of an event of force majeure as defined in French case law and the Civil Code, or to any other event that was not reasonably under the exclusive control of Trendyadapt.
• The User expressly acknowledges and accepts that Trendyadapt declines all responsibility for damages of any nature whatsoever, resulting in particular from the use of the Site or the Ordering of Products. This may include, in particular, damage resulting from the interruption of the Site's service, or its slowdown, or its failure in terms of security and data protection, or errors present on the Site, or damage to the reputation and image of the User and/or Customer as a result of the aforementioned failures. Trendyadapt may not under any circumstances be held responsible for any interruption of all or part of the Site, whatever the cause, duration or frequency of such interruption.
• The User expressly acknowledges and accepts that his use of the Site, or his inability to use the Site, is at his sole risk. The Site is provided to the User "as is", and the Products and services are provided "as is" and "as available" for the User's use.
• In no event shall Trendyadapt, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or damage of any kind, including but not limited to loss of profits, revenues, savings, data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise, resulting from a User's use of any service or Product derived from the service, or as to any other claim related in any way to your use of the service or any Product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the service or any content (or Product) posted, transmitted, or otherwise made available through the service, even if you have been advised of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, Trendyadapt's liability will be limited to the maximum extent permitted by law.
• In accordance with the provisions of the French Consumer Code, the Customer has a period of 14 clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception of the cost of returning the goods. The right of withdrawal may only be exercised if the Products have not been unpacked, opened, damaged or used by the Customer, failing which the Products may not be returned.

• For reasons of hygiene and safety, PIPO products cannot be returned or refunded once they have been used.

  Any product that has been mouthed or used, even briefly, is considered non-returnable.
  Thank you for your understanding regarding this measure, which is intended to guarantee the safety and hygiene of all our customers.

• The return period runs from the day of receipt of the goods by the customer. The Customer shall contact Trendyadapt at the address Trendyadapt as soon as possible in order to inform Trendyadapt of the exercise of his right of withdrawal.
• In the event of successful retraction by the Customer, Trendyadapt undertakes to reimburse all sums received in respect of the order placed by the Customer within 14 days of receipt of the Products by Trendyadapt.
• If Trendyadapt finds that the Product returned by the Customer is damaged, worn, or in a condition that does not correspond to that of the shipment, no refund will be made by Trendyadapt. This rule also applies in the case of missing labels or original packaging.
• Trendyadapt is responsible for the conformity of the Products at the time of delivery and the Customer may oppose the non-conformity of the Product delivered within the meaning of article L.217-5 of the French Consumer Code.
• The Customer has a period of 2 years from delivery of the Product to notify Trendyadapt of any non-conformity, and to choose whether to have the Product repaired or replaced. In accordance with article L.217-8 of the French Consumer Code, Trendyadapt reserves the right not to follow the Customer's choice if it entails a cost that is manifestly disproportionate to the alternative, taking into account the value of the Product or the importance of the defect presented by the Product.
• Trendyadapt guarantees the Customer against hidden defects in the Product in accordance with article 1641 of the French Civil Code.
• The Customer's warranty is expressly excluded in the event of deterioration or degradation of the Product due to use that does not conform to its intended purpose, or due to the Customer. This includes, but is not limited to, non-compliance with the precautions for use of the Product, such as unusual handling or lack of diligence in the proper use of the Product by the Customer or a third party, transport of the Product or exposure to substances incompatible with the use of the Product, modification, handling, personalization of the Product by the Customer or a third party.
• The warranty is expressly excluded if the Product is returned by the Customer in a condition other than that in which it was delivered to the Customer. The warranty applies only if the Product is returned with its original packaging, accessories, instructions for use, labels and all other items present when the Product was delivered.

ARTICLE 17 - COMPENSATION

The User expressly agrees to indemnify, defend and hold harmless Trendyadapt and its parent company, subsidiaries, affiliates, partners, officers, agents, directors, licensors, contractors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User's breach of these GTC or the documents referenced herein.

ARTICLE 18 - SEVERABILITY

In the event that any provision of these GTS is held to be illegal, void or unenforceable, such provision shall be deemed to be severed from the remaining provisions of these GTS, which shall remain valid and enforceable. Such severance shall not affect the validity and enforceability of any remaining provisions.

ARTICLE 19 - TERMINATION

The obligations and liabilities incurred by the parties prior to the date of termination of these GTS shall survive the termination of this agreement for all purposes.

These GTC are effective unless and until terminated. The User may terminate these GTC at any time by notifying Trendyadapt that he no longer wishes to use Trendyadapt's services or its Site.

The User expressly acknowledges and accepts that if he fails to do so, or if Trendyadapt suspects that the User has been unable to comply with the terms of these GTC, Trendyadapt may terminate this agreement at any time without notice, in which case the User will remain liable for all sums up to and including the date of termination, and/or will have his access to Trendyadapt's services and/or the Site (or any part thereof) denied.

ARTICLE 20 - NON-RENUNCIATION

Trendyadapt's failure to exercise any of the rights granted to it by these GTC shall in no event be construed as a waiver of said rights.

Any ambiguity as to the interpretation of these GCS shall not be construed to the detriment of the drafting party.

ARTICLE 21 - APPLICABLE LAW

These GTC, as well as any separate agreement through which Trendyadapt provides services, shall be governed by and construed in accordance with the laws in force in the United Arab Emirates, which the User expressly acknowledges and accepts.

ARTICLE 22 - CONTACT DETAILS

Users may ask questions relating to these GTC at the following address: info@my-pipo.com