Terms and Conditions

Preamble :

ONCE UPON A TIME SASU operates several types of services through its website www.gaminetgamine.com. These services are provided under the name gamin gamine., operated through the previously mentioned website and exploited by ONCE UPON A TIME SASU. This company has for an activity to distribute a BOX each month with a complete look for children from 3 months old to 10 years old.

Governed by Article L441-6 of the French Commercial Code and in accordance with Article L111-1 of the French Consumer Code, these General Conditions of Sale determine the rights and obligations of the parties to the contract relating to gamin gamine.. By validating their order on the Site, the Subscriber declares to have read, understood and accepted without reservation the terms of the said order as well as the whole of the present General Conditions of Sale. These Terms and Conditions are routinely made available on the current Site to Clients at the time of purchase of a subscription. These Terms and Conditions shall apply on the date of the subscription according to their wording on the Site. 

ONCE UPON A TIME SASU has the right to modify said General Conditions of Sale at any moment, without prior notice, it being understood that such modifications will not apply to reservations and orders previously accepted and confirmed by the Customer.

Article 1 - Presentation of the Company

The website www.gaminetgamine.com is operated by ONCE UPON A TIME with a capital of 1,000 euros, registered with the RCS of Paris under the number 849 416 011, VAT identification number: FR39 849 416 011, whose registered headquarters is located at 98 Rue Jean Pierre Timbaud, 75 011 Paris. The website is hosted by ZIQY, 226 Boulevard Voltaire, 75011 Paris. To contact ONCE UPON A TIME SASU and www.gaminetgamine.com you can send an email to  hello@gaminetgamine.com.

Article 2 - Legal capacity

In order to register for a gamin gamine. subscription it is imperative to be of legal age and capable of discernment, that is to say legally eligible to enter into a contract.

Article 3 - Objet

The purpose of this contract is to register for a monthly subscription allowing access to the service gamin gamine. This service consists of a monthly distribution of a "box" including children's clothing and accessories as well as various products.

Article 4 - Subscribers Agreement

The Subscriber Agreement, which is the subject of these General Terms and Conditions of Sale, consists of the shipment every calendar month of a "box" including children's clothing and accessories as well as variant products. By signing up for one BOX, the client accepts the General Conditions of Sale and the client acknowledges having understood and accepted them without any reservation. In the interest of sound administration of one of the subscriptions, the subscriber will be asked the fill out a form with their personal information. The information provided to ONCE UPON A TIME SASU must imperatively be accurate, therefore the Subscriber must ensure that details provided are correct and compliant at the time of subscription. In case of misinformation provided, SASU ONCE UPON A TIME cannot be held liable.

Article 5 - Geographical area

The products and services are available in certain countries listed in the subscription form. For logistical reasons, the subscriptions or sales outside of these geographical areas will not be taken into account.

Article 6 - Access to services

In principle, the Site is accessible continually to the Subscriber seven days a week, 24 hours a day except in the case of interruption, voluntary or not, in particular, due to maintenance needs or major events. ONCE UPON A TIME SASU cannot be held responsible for any prejudice of any nature, resulting from an unavailability of the Site.

Article 7 - Abonnement

We offer three ways of registering to the box: a monthly subscription with a monthly payment, a gift subscription of three months or six months with a once-off payment made at the time of subscription.

7.1 The monthly subscription, with payment each month.

The monthly subscription provides the client with a monthly box shipping service until a Party decides to terminate this contract. By accepting this offer the Subscriber accepts a monthly deduction of an amount defined at the time of the initial order. Thus, as long as the subscription subsists, the Subscriber will be deducted between the 10th and 20th of each month and will receive the box during the month or the next month at the latest.

Subscribers may terminate their monthly recurring subscription at any time in accordance with the terms and conditions set out in the article relating to the unsubscription of these General Conditions of Sale. At the time of registration, the Subscriber declares to have taken note of these General Conditions of Sale, to have understood them and to accept them without reservation.

7.2 The quarterly gift subscription with a single payment.

The subscription to quarterly gift subscription allows you to subscribe a third party for a period of three months. Payment for this subscription will be made at the time of subscription. By subscribing, the subscriber declares to have read the present general conditions of sale, to have understood them and thus to accept them unreservedly in full knowledge of the facts.

7.3 The six-month gift subscription, with a single payment.

Subscription to this subscription allows you to subscribe to a third party for a period of six months. Payment for this subscription will be made at one time. By subscribing the subscriber declares to have read the present general conditions of sale, to have understood them and thus to accept them unreservedly in full knowledge of the facts.

Article 8 - Subscription to the newsletter

By accepting the General Conditions of Sale when signing up for one of the subscriptions offered by gamin gamine., the Subscriber authorises ONCE UPON A TIME SASU to send emails to the address they will have given at the time of subscription. You can unsubscribe to the newsletter at any time via the "My Account" area or by contacting hello@gaminetgamine.com.

Article 9 - Unsubscription

Only Clients receiving a monthly subscription can unsubscribe. The Client may at any time terminate their monthly fee on the "My Account" page. If termination occurs after the automatic deduction is made at the beginning of each month, the order is deemed made their application for cancellation. The unsubscription will be taken into account for the next month. 

Unsubscription may also result from the decision of ONCE UPON A TIME SASU in accordance with the terms and conditions set out in the customer account deactivation section.

Article 10 - Commandes

When the Customer confirms his order by clicking on the "Validate your payment" icon (below and before the "Order"), it is considered they have knowingly accepted the content and terms of the Order in question and in particular the present General Conditions of Sale, prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Customer.

ONCE UPON A TIME SASU will then confirm this order by sending an email to the Customer.

In addition, ONCE UPON A TIME SASU reserves the right to suspend or cancel any execution of an Order and/or delivery, regardless of its nature and level of execution, in the event of default or partial payment of any sum due by Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the ONCE UPON A TIME SASU Website, including in connection with previous Orders.

Also, in the event of an error in entering the e-mail address concerned, or not receiving the Order confirmation email message, ONCE UPON A TIME SASU cannot be held liable. In this case, the sale will be considered final, except in the case of cancellation of the Order by ONCE UPON A TIME SASU, notably for unavailability of the products. The Customer may nevertheless exercise their right of withdrawal under the conditions provided for in article 9 of these General Conditions of Sale.

 

Article 11 - Payments

All orders are payable in euros. Payment for purchases is made using a bank payment card. The Customer guarantees to ONCE UPON A TIME SASU that it is fully authorized to use the payment card for the payment of its order and that these means of payment legally provide access to sufficient funds to cover all costs resulting from its order on the site www.gaminetgamine.com, ONCE UPON A TIME SASU cannot be held liable for any fraudulent use of the payment method used.

ONCE UPON A TIME SASU reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum that would be due by the Customer or in the event of a payment incident.

Penalties of an amount equal to the statutory interest rate plus five points are automatically applied to unpaid amounts after a period of ten days following the supposed payment date or upon notification of the rejection of bank payment for any other means of payment.

The delivery of any new order may be suspended in case of late payment of a previous order and notwithstanding the provisions hereof.

All payments will be processed through a secure data encryption procedure so that no information transmitted by the Customer is intercepted by third parties.

It is up to the Customer to save and print his payment certificate if he wishes to keep the banking details relating to his transaction

Article 12 - Evidence

The Subscriber acknowledges the validity and probative force of the electronic exchanges and recordings kept by the company ONCE UPON A TIME SASU and admits that these elements receive the same probative force as a written document signed in a handwritten manner under Law no. 2000-230 of 13 March 2000 adapting the law of evidence to information technology relating to electronic signatures.

Article 13 - Product delievery

1 - Terms and conditions of delivery:

Products purchased at www.gaminetgamine.com are delivered only in a list of specific countries specified in the order form.

The products will be delivered to the address indicated by the Customer on the site when placing the order on the site www.gaminetgamine.com.

The delivery times indicated on the site are indicative, corresponding to the average processing and delivery times observed.

ONCE UPON A TIME SASU cannot be held responsible for the consequences due to a delivery delay.

In all cases, if the package is returned to the sender, a second delivery will be made at the Customer’s expense.

If the package is returned to the sender again, it will no longer be returned to the Customer and the amount corresponding to this order, including any additional delivery charges, will remain acquired at ONCE UPON A TIME SASU.

 2 - Terms and conditions of delivery specific to the monthly BOX shipping service:

ONCE UPON A TIME SASU sends the BOX to the Customers at the delivery address indicated by the latter during the order process.

In the event of a desired change of delivery location, the Customer is obliged to notify ONCE UPON A TIME SASU at least fifteen (15) days before the beginning of the month concerned by modifying his contact details on his account.

Article 14 – Product return 

The Customer is obliged to notify ONCE UPON A TIME SASU of any reservations regarding the delivered product (for example: damaged package, already opened, missing parts) within 7 days of receipt of the product. If the product is found to be defective, Customer will receive a new product within the limits of available stocks. In case of stock shortage, the Customer will receive an equivalent product. No further compensation may be claimed from ONCE UPON A TIME SASU for non-receipt of a bundle. In any event, its liability is limited to the monthly value of the subscription

Article 15 - Major events

The company ONCE UPON A TIME SASU cannot be held responsible for total or partial contractual non-performance which would cause an event of major events, independent from our will.

Article 16 - Intellectual property

All elements of www.gaminetgamine.com, whether visual or audio, texts, layouts, illustrations, photographs, documents, and other elements, including the underlying technology, are protected by copyright, trademarks and patents. Any total or partial reproduction of the elements accessible on the Site www.gaminetgamine.com is strictly prohibited.

Article 17 - Rights and periods of withdrawal

In accordance with Article L. 121-20 of the French Consumer Code, the Customer has a period of 14 clear days from the date of receipt of his order or the date of subscription to the mode of purchase concerned, to return, at his expense, the ordered products, for refund.

Products must be returned to ONCE UPON A TIME SASU at the address specified in Article 1 above.

In the event of an exercise of the right of withdrawal, ONCE UPON A TIME SASU shall reimburse the Customer for the corresponding amount within a maximum period of thirty (30) working days from receipt of the return. The refund will be made by a credit of the sum debited on the account corresponding to the Customer’s bank card.

In order to exercise this right, as part of the monthly BOX service, the Customer must, within the period mentioned above, terminate the service by means of a letter with acknowledgement of receipt at the address of the registered office.

This same period is valid from receipt of the BOX. The return must be done at the Customer’s expense, in the original box. The packaging of the box must not be opened.

Article 18 - Retention of Title

ONCE UPON A TIME SASU retains full ownership of the products sold until full collection of the full price, in principal, including fees, taxes and compulsory contributions.



Article 19 - Intellectual Property

All items reproduced on www.gaminetgamine.com, including but not limited to texts, commentaries, works, illustrations, images and trademarks, are protected under intellectual property. Any total or partial reproduction of the items available on www.gaminetgamine.com is strictly prohibited.

Article 20 - Signature and proof

ONCE UPON A TIME SASU works to protect the personal information of its customers by ensuring a high level of security, but The Customer also has a role to play in protecting its personal data. In particular, The Customer must maintain the security of its online transactions, for example by not communicating to anyone its username (Customer’s email address) and/or password and by regularly changing its password. As such, ONCE UPON A TIME SASU cannot be responsible for the disclosure of information concerning The Customer to any individual who has used its username (Customer’s email address) and/or password.

In this respect, the use of the Customer’s username (email address) and/or password will be considered proof of his identity and, upon validation of the Order, the corresponding amounts are due. ONCE UPON A TIME SASU cannot be held responsible for the fraudulent use of this information.

The supply of the credit card number and the final validation of the Order shall constitute proof of the acceptance of the said Order and shall constitute payment of the sums incurred by the entry of the products appearing on the Order. Computerized records kept in ONCE UPON A TIME SASU’s computer systems shall be considered as evidence of communications, Orders and payments between the Parties.

Article 21 – Deactivation of the customer’s account

The Customer’s failure to comply with the obligations subscribed under these General Conditions, any incident of payment of the price of an order, acts contrary to the interests of ONCE UPON A TIME SASU, the issuing of false information when the account is created may result in the suspension of access to ONCE UPON A TIME SASU’s service, or the termination of its account and subscription depending on the seriousness of the acts in question, without any claim for damages or compensation whatsoever to ONCE UPON A TIME SASU. ONCE UPON A TIME SASU reserves the right to refuse any order from a Customer with whom such a dispute exists, even if the latter uses a new account.

Article 22 – Customer service gamin gamine.

For any information or question, the Q&A is available in the footer (bottom) of the website www.gaminetgamine.com. For any specific question, customer service is always reachable by E-Mail at hello@gaminetgamine.com. 

Article 23 - Liability

The liability of ONCE UPON A TIME SASU in respect of the obligations of these General Conditions of Sale cannot be incurred if the non-performance of its obligations is attributable to the fact of a third party even if it is foreseeable, at the fault of the Customer, or the occurrence of a major event as defined by the French courts or any other event that has not reasonably been under the exclusive control of ONCE UPON A TIME SASU.

The information accessible on the Website is provided "IN THE STATE" without any guarantee of any kind, whether implicit or explicit, particularly concerning the integrity, accuracy, timeliness, non-infringement, availability, reliability or completeness of the information, products, accessories or services appearing on the ONCE UPON A TIME SASU Website or their suitability for the use that the Customer plans to make of them. ONCE UPON A TIME SASU shall not be liable for articles sold on its Website, in particular in the event of non-compliance with their instructions for use. Neither can ONCE UPON A TIME SASU be held liable for any damage caused to the Customer or to a third party as a result of this non-compliant use.

Any claim filed by a user, including any Customer, against ONCE UPON A TIME SASU must be made within 6 months of the occurrence of the event, subject of the claim

 
Article 24 – Information and Freedom

The information and data collected by ONCE UPON A TIME SASU during any Customer order are necessary for order management and commercial relations.

They can be passed on to companies that contribute to such relationships as those responsible for the execution of services and orders for their management, execution, delivery, processing and payment. This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations and to allow ONCE UPON A TIME SASU to improve and personalize the services offered and the information sent. In accordance with the Data Protection Act, Customers have the right to access and correct their personal data. The Customer must write to hello@ gaminetgamine.com, indicating his surname, given name, E-Mail address and customer reference.

Depending on the choices made when creating or viewing his account, the Customer may receive offers from ONCE UPON A TIME SASU when creating the account.

ONCE UPON A TIME SASU reserves the right to use the statistics provided by the questionnaires completed by the Customers to improve its service.

Article 25 – Website advertisement www.gaminetgamine.com

At any time ONCE UPON A TIME SASU may decide to place advertising space on the website www.gaminetgamine.com. ONCE UPON A TIME SASU enjoys complete freedom when it comes to the choice of these advertisers, the types of display of advertisements but also their position on the site.

Article 26 - Amendments to the general conditions of sale

ONCE UPON A TIME SASU reserves the right to modify and update the General Conditions of Sale without prior notice. To be informed of any changes, ONCE UPON A TIME SASU advises the Customer, and generally any user, to review the Site’s terms and conditions regularly. The Order will be submitted to the GTC in force at the time of the Order.

Article 27 - Communication between the Customer and ONCE UPON A TIME SASU

By becoming a user of the website, the Customer acknowledges that the exchanges between him and ONCE UPON A TIME SASU will be mainly electronic (by E-Mail) except in special cases presented in these General Conditions or required by law.

In particular, the Customer expressly accepts that invoices are sent to him by email.

The Customer contractually acknowledges that the information, notifications, and contracts are in full agreement with the regulations in force.

It is understood by the parties that the choice of exchange method is equivalent to an agreement on evidence within the meaning of Article 1316-2 of the French Civil Code. 

Article 28 - Continuity and transfer of the rights and obligations of the contract

The contracts between the Customer and ONCE UPON A TIME SASU and/or its successors and assigns are binding between the parties.

Customer contracts, rights and obligations may not be assigned or transferred without prior written consent.

ONCE UPON A TIME SASU’s contracts, rights and obligations may be assigned or transferred at any time without the Customer’s prior consent.

 

Article 29 - General

-      Partial non-validity

If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations shall remain in full force and effect.

-      Non-renunciation

The fact that one of the Parties does not claim from the other Party any breach of any of the obligations referred to in these General Terms and Conditions cannot be interpreted in the future as a waiver of the obligation in question.

-      Applicable law and jurisdiction

Any dispute relating to the performance or interpretation of these General Conditions will be submitted to the competent court depending on the nature of the dispute.