PREAMBLE
This website is operated by Dreamable SAS, whose registered office is located at and which is registered in the Paris Trade and Companies Register under number .
These general terms and conditions of sale apply to all orders placed with the Dreamable company, which operates the Smallable brand, for all items and services offered on the website by non-trading individuals. Consequently, the act of ordering a product offered for sale on the Smallable website implies full acceptance of these terms and conditions of sale, which the customer acknowledges having read prior to ordering.
The Dreamable company, owner of the Smallable brand, reserves the right to modify these terms and conditions of sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to an order placed by a Customer on the Smallable website are those accepted by the Customer at the time the order is placed.
ARTICLE 1: COMPLETENESS
The present General Terms and Conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation the entirety of the provisions set out in these General Terms and Conditions of Sale. The Dreamable company, which operates the Smallable brand, undertakes to respect its role as a retailer within the framework of the said conditions.
ARTICLE 2 : OBJECT
The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by Dreamable, the operator of the Smallable brand, to the Customer, from order to delivery, including payment and the use of services provided by Smallable.
ARTICLE 3: SCOPE OF APPLICATION
The present Terms and Conditions govern the sale of products on the day the order is placed by the customer. They apply to all methods of placing orders offered by Smallable, whether the order is placed via the internet or by telephone.
ARTICLE 4: ORDERING
Capacity to contract
All customers of the company declare that they have the capacity to contract under the conditions described below, i.e. that they are emancipated minors or have reached the age of legal majority, and that they are not protected within the meaning of article 488 of the French Civil Code.
Dreamable, the operator of the Smallable brand, reserves the right to refuse any Order from a Customer with whom a dispute exists or arises during the processing of an Order, in particular a payment dispute.
Acceptance of the Conditions by the Customer
The present Conditions can be read directly on the website. At the Customer’s request, they may also be sent by e-mail.
The fact that the Customer ticks the box “I accept the general sales conditions”, before proceeding to secure payment, constitutes an irrevocable acceptance which can only be challenged in the cases exhaustively provided for in the present general sales conditions under the paragraph “right of retraction”. By this act, the Customer acknowledges having read and understood the present Terms and Conditions and accepts them.
Purchasing by telephone also implies acceptance of the present Conditions, which the Customer acknowledges having read, understood and accepted in the aforementioned conditions.
Placing an order
The individual customer can place an order with Smallable via the internet 24/7, or by telephone from Monday to Thursday from 9:30am to 6:30pm and on Friday from 9:30am to 5:30pm.
The ordering process consists of 6 successive steps. Once the product selection has been made and the basket validated, the Customer must :
– clearly identify the products selected with the color and size options indicated on the website;
– indicate the quantities requested;
– identify themselves either by entering their e-mail address and password, which are strictly personal to them, or by entering all the information usually required for online registration;
– clearly indicate the information required for delivery. This applies in particular to the precise delivery address and any restrictions on access to the delivery location (building, floor, keypad, etc.);
– indicate the delivery method chosen;
– finally, indicate the chosen method of payment.
Once the payment method has been selected, the Customer must pay for the order via the secure interface, which will formalize the sales contract between the Customer and Smallable.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.
In all cases, the on-line provision of the credit card number and the final validation of the order by the Customer shall constitute proof of the order and payment of the sums for the products selected in the order. This validation constitutes signature and acceptance of all operations carried out on the website.
Order confirmation
An e-mail is automatically sent to the customer to confirm the order, provided that the e-mail address given in the registration form is correct.
It is the customer’s responsibility to verify the completeness and accuracy of the information provided to Smallable. The Dreamable company, which operates the Smallable brand, cannot be held responsible for any data entry errors and the consequences in terms of late or incorrect delivery. In this context, all costs incurred for re-shipment will be charged to the Customer.
Order tracking
The customer can check the status of his order at any time by consulting the “My account” section on the website. This tracking enables the customer to know the status of his order, as well as the status of shipment or delivery of his parcels. The latter is done by interfacing with the carriers’ Internet tracking systems. The company Dreamable, which operates the Smallable brand, cannot therefore be held responsible for any unavailability or errors that may affect the information provided by its carriers. Nevertheless, Smallable strives to make this information as clear as possible and to ensure the reliability of transport with its carriers. The customer may contact Smallable’s customer service department at any time in order to be informed of the status of their order.
Proof of order
The computerized registers, kept in the computer systems of the company Dreamable operating the brand Smallable in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
ARTICLE 5: PRODUCT INFORMATION
Product characteristics
The information, characteristics, photographs and graphics presented on the sites or in e-mails sent by Smallable are presented as accurately as possible. Each Product data sheet is based on information provided by the manufacturer or supplier of the Product, and presents the essential characteristics of the Product selected in accordance with article L.111-1 of the French Consumer Code. This information is intended, without being exhaustive, to inform the Customer as fully as possible about the essential characteristics of the Products. The Customer is informed, subject to his rights, of the possibility of a difference in presentation at Delivery resulting from a change in packaging (photography and illustrations) by the manufacturer or supplier, this difference not affecting in any way the content and characteristics of the Product.
Product availability
The Dreamable company, which operates the Smallable brand, undertakes to honour orders received only within the limits of available stocks of products or within the limits of stocks available from its suppliers. In the event of unavailability of the Product(s), the company Dreamable exploiting the Smallable brand undertakes to inform the Customer as soon as possible. The company reserves the right to modify the product assortment, in particular according to the constraints imposed by its suppliers.
Availability may vary on the same day depending on sales levels. Smallable frequently updates availability. In the event of product unavailability, Smallable will notify the Customer by telephone or e-mail.
The unavailability of a product is indicated on the product page concerned and in the basket summary. In this way, Products may appear with a shipping time indication such as “in stock” or “immediate”, “4 to 8 days”, “1 to 2 weeks”, “4 to 6 weeks”, “Product not available”, etc.
The delivery times indicated in the description sheets are indicative when the product(s) is (are) not available in Smallable stock. They may therefore be subject to variations, for which the customer will be informed by Smallable in its order tracking system in the case of a slight delay, or by e-mail in the case of a longer delay.
If the company Dreamable, which operates the Smallable brand, is unable to obtain an ordered product from its suppliers, the company will notify the customer of the expected delay by e-mail. The customer may then request reimbursement of the sums paid within 14 days of their payment, or exchange the unavailable product for another, or cancel the order. No cancellation penalty will be applied to such an order cancellation. No compensation for cancellation (apart from full reimbursement of the Order) may also be claimed, such unavailability resulting from the time taken to update such unavailability.
The Dreamable company, operator of the Smallable brand, cannot be held responsible for non-performance of the contract in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, notably of postal services and means of transport and/or communications, flooding or fire.
ARTICLE 6: PRICES
Prices are indicated in euros, inclusive of all taxes, and are only applicable on the date the order is validated by the Customer. For information purposes only, prices on the site also appear in dollars and pounds sterling, but the price to be paid is in euros.
As the prices of Dreamable’s suppliers of the Smallable brand are constantly changing, the prices displayed on the site may be modified at any time.
Prices do not include delivery charges, gift-wrapping costs, promotional offers and personal discounts, if any, indicated before the final validation of the order.
Prices take into account the French VAT applicable on the day of the order, and any change in the legal VAT rate will automatically be reflected in the price of the products presented on the site, on the date stipulated by the implementing decree. However, prices cannot be modified once the Customer’s order has been placed. Similarly, if one or more taxes or contributions, particularly environmental, are created or modified, either upwards or downwards, this change may be passed on to the selling price of the items on the site.
Orders to countries outside the European Union are not subject to French VAT. The prices indicated on the site for these orders are exclusive of tax and therefore do not include VAT. However, these orders are subject to any taxes and customs duties applicable in the country of destination.
If you have to pay customs duties, don’t worry, the Dreamable company, owner of the Smallable brand, will reimburse you for any customs duties you may have to pay. Simply send us proof of the amount paid and we will reimburse you (within 6 months of delivery of the order).
The customer is also responsible for verifying whether the products ordered can be imported under the laws of the country of delivery. We recommend that you contact your local customs office for further information.
ARTICLE 7: PAYMENT
Payment methods
The Customer may pay for his order online by credit card (Carte Bleue, Visa, Eurocard-Mastercard, American Express and E-carte bleue), Klarna or Paypal. The customer guarantees Dreamable, the owner of the Smallable brand, that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. Purchases are debited from the customer’s account when the order is processed.
The Dreamable company, which operates the Smallable brand, uses all necessary means to ensure the security and confidentiality of data transmitted online. To this end, the site uses a secure SSL (Secure Socket Layer) payment method, which encrypts your bank details as they are transmitted over the network. You can tell that the transmission is software-encrypted as soon as the padlock symbol appears in your browser. The transaction is carried out via the Crédit Agricole bank, which alone has access to the banking information provided on the site at the time of payment.
The Dreamable company, which operates the Smallable brand, reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. In particular, Dreamable, the operator of the Smallable brand, reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.
As part of an order verification procedure designed to ensure that no one is using another person’s bank details without their knowledge, the Customer may be asked to send Smallable a copy of an identity document and proof of address by fax or e-mail. The order will only be validated once we have received and checked the documents sent. If these documents are not received within 15 days of the order being placed, the order will be automatically cancelled.
Invoice
The order form drawn up online by the Customer, or the order confirmation sent to the Customer by e-mail by Smallable, does not constitute an invoice. The original invoice is available in the Customer’s online account. The invoice is not enclosed in the parcel.
The Dreamable company, owner of the Smallable brand, keeps an electronic copy of each invoice.
In the case of delivery to an address other than the billing address, the invoice is in all cases only available in the online order tracking of the Customer’s account.
Transfer of ownership
The Dreamable company, owner of the Smallable brand, retains ownership of the Products delivered until full payment has been received from the Customer. The above provisions do not preclude the transfer to the Customer of the risks of loss or deterioration of the Products subject to retention of title, or of any damage they may cause, upon delivery of the Products.
ARTICLE 8: DELIVERY
Delivery zones
The geographical delivery zone for the Smallable boutique offer is as follows:
– France and DOM-TOM : mainland France, Corsica, Guadeloupe, Guyana, Martinique, Monaco, New Caledonia, French Polynesia, Saint Barthélemy, Saint Martin.
– Europe : Andorra, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Guernsey, Hungary, Canary Islands, Ireland, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.
– World : Argentina, Australia, Bahrain, Brazil, Canada, China, Israel, Japan, Lebanon, New Zealand, Reunion, Singapore, South Korea, Taiwan, Turkey and USA
The customer may contact Smallable’s customer service department for more information on delivery conditions to a specific country in the world.
Orders to countries outside the European Union are not subject to French VAT. However, they may be subject to taxes and customs duties in the country of destination. These costs and related formalities are the responsibility of the customer/consignee. They must be paid directly to the carrier at the time of delivery.
The customer is also responsible for checking whether the products ordered can be imported under the laws of the country of delivery. We recommend contacting the customs authorities for further information. **Delivery services** Products are delivered to the address indicated by the Customer on the order form. It is the Customer’s responsibility to verify the completeness and accuracy of the information provided to Smallable. Smallable cannot be held responsible for any data entry errors and the consequences in terms of delays or delivery errors. In this context, all costs incurred for the reshipment of the order will be entirely at the Customer’s expense.
The Dreamable company, which operates the Smallable brand, cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (including, in particular, in the event of a total or partial strike of postal services and means of transport and/or communications). **Delivery times** Orders placed online via the website are collected every day from Monday to Friday, except for public holidays. Smallable does its utmost to process and dispatch all orders placed before 11am on the same day. However, the processing and preparation time for an order may be longer, depending on the item, and may take between 1 and 2 working days. Upon receipt of the shipment confirmation e-mail, the Customer may take into account the carrier lead times announced below.
Smallable informs its customers that these shipping times do not include Saturdays, Sundays and public holidays.
In the case of an order that includes one or more unavailable products as well as one or more available products, Smallable will ship the order upon receipt of all the products that make up the order. If the Customer wishes to receive the immediately available products as soon as possible, he/she is advised to isolate these items in a specific separate order.
An e-mail is automatically sent to the Customer when the Products are dispatched, provided that the e-mail address given in the registration form is correct. **Delivery times** Transport times depend on the carrier chosen by the Customer and the place of delivery.
Smallable informs Customers of the delivery times announced by the chosen carrier. Shipping costs are calculated according to the country of delivery at the time of shopping and are definitively confirmed according to the mode of transport and delivery destination chosen, before the final validation of the order.
However, Smallable informs its customers that delivery times do not include Saturdays, Sundays and public holidays. **Delivery times** Delivery times may be as follows:
– If the products are available, the delivery time is equal to the time indicated when the order was placed in the delivery method section.
– If the products are not available and therefore on order, the delivery time is equal to the time indicated in the product availability section.
If the delivery time cannot be met, a new delivery time will be communicated to the customer, based on the information available to Smallable. In this case, a proposal for order cancellation, credit note or refund will also be made to the Customer.
Means of delivery in metropolitan France
Delivery by Mondial Relay (usually 5 days)
Delivery is made to the customer’s home within 3 to 5 days. The carrier will contact the customer 48 to 72 hours after the goods have been handed over to the carrier, to arrange an appointment for delivery to the customer’s home. When ordering, the customer must provide information on access to the delivery address (code, building, floor, etc.), as well as a telephone number where he can be easily reached. In the event of absence, the driver will leave a delivery notice with a telephone number to call to arrange a second delivery, free of charge. This delivery method is suitable for very bulky items requiring two drivers (up to 130kg). If necessary, the drivers will leave the parcels upstairs, in the room chosen by the customer.
Standard delivery by Colissimo (usually 48h)
This delivery method enables customers to receive their parcels within 48 hours of dispatch, thanks to La Poste’s Colissimo Expert or Profil service (excluding order processing and preparation time, which may take 1 to 2 days). Deliveries are made from Monday to Saturday morning, except on public holidays. The cost of this option depends on the total weight and volume of the items ordered.
The parcel is picked up by La Poste and delivered against signature to the delivery address indicated by the customer. If the Customer is absent at the time of delivery, a delivery notice will be left at the delivery address indicated by the Customer, enabling the Customer to collect the parcel from the nearest post office. Parcels are kept pending at the post office for 15 calendar days. If the products are not collected within the time limit set by the carrier, they will be returned to Smallable, which reserves the right to refund the price of the products, with shipping costs remaining at the Customer’s expense.
Express delivery by Chronopost (usually 24 hours)
This delivery method allows the customer to receive their parcel within 24 hours of dispatch by Chronopost (excluding order processing and preparation time, which may take 1 to 2 days). Deliveries are made Monday to Friday, except on public holidays. The cost of this option depends on the total weight and volume of the items ordered.
The parcel is picked up by Chronopost and delivered against signature to the delivery address indicated by the Customer. When placing an order, the customer must specify the access conditions to the delivery address (code, building, floor, door, etc.), as well as a telephone number where the customer can be easily reached. In the event of absence, a delivery notice is left at the delivery address indicated by the Customer, enabling the latter to collect the parcel at the address and in the manner indicated by the carrier. Parcels are kept pending at the Post Office for 15 calendar days. If the package is not collected within the time limit set by the carrier, the products will be returned to Smallable, which reserves the right to reimburse the price of the products, with shipping costs remaining the responsibility of the Customer.
Delivery by UPS (usually within 24h-48h)
This method of delivery allows the customer to receive their parcel within 24-48 hours of dispatch by UPS (excluding order processing and preparation time, which may take 1 to 2 days). Deliveries are made Monday to Friday, except on public holidays. This delivery method is mainly used for fragile, bulky or heavy products. Costs for this option depend on the total weight and volume of the items ordered.
The parcel is picked up by UPS and delivered against signature to the delivery address indicated by the Customer. When placing an order, the customer must specify the access conditions to the delivery address (code, building, floor, door, etc.), as well as a telephone number where the customer can be easily reached. In the event of absence, the delivery driver will leave a note indicating when he will return. The Customer may call UPS customer service to arrange a new delivery date that is more convenient for him. After 3 unsuccessful deliveries to the delivery address, the parcel is automatically returned to Smallable, which reserves the right to refund the price of the products, with shipping costs remaining at the customer’s expense.
The delivery times we indicate are indicative and those generally observed. No reimbursement of shipping costs will be made in the event of delivery taking longer than those indicated.
Delivery outside metropolitan France
In Europe and abroad, delivery is made via various carriers: Colissimo, Chronopost, DHL, UPS, etc. Costs depend on the destination country, and the total weight and volume of the items selected. Costs and delivery times are indicated to the customer before the order is confirmed.
Orders to countries outside the European Union are not subject to French VAT. However, they may be subject to taxes and customs duties in the country of destination. These costs and related formalities are the responsibility of the customer/consignee. They must be paid directly to the carrier at the time of delivery.
The customer is also responsible for checking whether the products ordered can be imported under the laws of the country of delivery. We recommend contacting the customs authorities for further information.
Packaging
Products are packaged in such a way as to comply with current transport standards, and to ensure optimum protection of the products during delivery. The customer is asked to respect these same standards when returning a product, whether for after-sales service or for a return for convenience. In the event of a product return, if we find that the product has been returned to us damaged due to inadequate packaging, Smallable may decide to reimburse only part of the cost of the product, or refuse to reimburse the cost of the product if it cannot be resold in its original condition.
Gift wrapping
Smallable offers its customers a gift-wrapping service for non-bulky items, such as clothing and accessories, small toys and small decorative items. Bulky or cumbersome items cannot be gift-wrapped. A flat-rate fee is charged for the gift-wrapping service, the amount of which is clearly indicated in the basket summary.
Customer’s responsibility for checking packages on receipt
The Dreamable company, which operates the Smallable brand, reminds customers that it is their responsibility to inspect their parcels upon receipt in the presence of the delivery person, and to immediately notify the carrier and Smallable customer service of any anomaly noted (shock, damaged parcel, delivery date that does not comply with the normal delivery service deadlines). In the event that such information is not included on the delivery slip presented to the customer by the carrier, Smallable will not be able to accept any subsequent claims regarding the condition of the package(s).
Delivery delays due to the carrier
In the event of a delay in delivery in relation to the times announced by the carriers, the Customer must first contact the carrier or its distribution office in the case of La Poste, to see if the parcel is not pending. If necessary, the customer can contact Smallable Customer Service by telephone or e-mail to open a dispute or investigation file to search for the parcel.
Sometimes parcels are lost by carriers. The deadlines imposed by the carriers require that the customer declare the loss within 10 days of receiving the shipping notice from Smallable. Under these conditions, Smallable will make the necessary claims to the carrier concerned. Once the claim and investigation have been made, it may take 3 to 4 weeks to receive a return from the carrier.
If the parcel is found, it will be returned immediately to the customer’s home address. If the parcel is not found, the Customer may then request the return of the same product (within the period of availability), at Smallable’s expense, or a refund of the amount paid. If the product(s) ordered are no longer available at that time, Smallable will reimburse the amount of the products affected by the carrier’s loss.
Damaged parcels
It is the customer’s responsibility to check the condition of the parcel with the carrier and to make any necessary reservations on the delivery note in the event of partial or total deterioration. In the absence of any reservations, the product is deemed to have been accepted by the Customer and may not be the subject of any dispute concerning its delivery. The Customer must inform Smallable by e-mail as soon as possible, so that Smallable can take the necessary measures as quickly as possible.
ARTICLE 9: RIGHT OF WITHDRAWAL, RETURN AND EXCHANGE
9.1 Legal retraction period
In accordance with the provisions of articles L.221-16 et seq. of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) calendar days from the date of receipt or collection of the Items to exercise his or her legal right of withdrawal and to inform Smallable of his or her intention to return the said Item. If the Articles can be the subject of the legal right of withdrawal, the Customer exercising his right of withdrawal under the conditions provided for in the present article in terms of time and methods of returning the Articles, will be able to obtain a refund for the Articles returned. Form available in CGV Article 9.4.
The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless the Customer specifically requests a credit note, valid for six (6) months from the date of issue. Reimbursement will be made as soon as possible, and at the latest within 14 days of the effective exercise of the right of withdrawal by the Customer. This period may be extended by Smallable until Smallable receives the merchandise returned by the Customer to the address indicated on the return form, or until Smallable receives proof of shipment of the Items by the Customer. When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended to the next business day.
Products purchased as part of Gift Lists (birth, birthday or Christmas lists, etc.) may only be reimbursed by credit note valid for one year from the date of issue. We do not reimburse kitty funds available on the Customer Account.
In accordance with article L.221-23 of the French Consumer Code, the right to a refund is exercised by returning the item; the customer is only responsible for shipping costs.
Customers may benefit from a prepaid return voucher in accordance with article 15 hereof, and (2) in the event of non-conformity of the Articles delivered in relation to the Order (in this case, return costs will be borne by Smallable).
The right of withdrawal is exercised under the same conditions from the time of the Order and before Delivery.
9.2 Items excluded from the legal withdrawal period
In accordance with article L.221-28 of the French Consumer Code, the Customer does not benefit from a right of withdrawal for the return of an Order for Items which, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly. This applies in particular to goods whose original packaging has been unsealed, including any cosmetic item that has been opened or damaged, by the Customer after Delivery, as they cannot be returned for reasons of hygiene and health.
9.3 Contractual withdrawal period
In order to ensure the satisfaction of its Customers, Smallable accepts returns by post to the address indicated by Customer Service or on the delivery slip for the Article concerned, within a period exceeding the aforementioned legal withdrawal period. In this respect, the Customer has fourteen (14) days from the date of receipt of the order to retract and return the Articles. Returns beyond this period will not be accepted.
9.4 How to exercise the right of withdrawal
To do so, the Customer may choose one of the following methods:
The return request can be made :
– Either by logging on to the Smallable website, in the “Manage my orders” section of My Account: simply tick the product and quantities to be returned, enter the reason for the return and validate by clicking on “Validate your return request”. A link will be provided for the customer to download the prepaid label.
– Or by contacting customer service, via the contact form, by e-mail or by telephone, who will tell the customer how to proceed. In particular, he or she can use the retraction form below
Model withdrawal form (Please complete and return the form with your order number only if you wish to withdraw from the contract.
We recommend that you also state your order number) For the attention of Smallable – Service Clients – E-mail: email
I hereby notify you of my withdrawal from the contract for the sale of the following item:
Ordered on [……………………………….\] \(\*) received on […………………………………..\] \(\*)
Order number: [………………………………………………………..]
Name of consumer(s): [………………………………………………………………]
Address of customer(s): […………………………………………………………………… ……………………………………………………………………………………………………………………………]
Signature of consumer(s) (only in case of notification of this form on paper) Date: [……………………………………]
Smallable suggests that the Customer return the products by registered mail or with additional insurance, guaranteeing, if necessary, compensation for the products up to their actual market value in the event of spoliation or loss of these goods. In all cases, returns are made at the customer’s risk. It is the customer’s responsibility to retain all proof of return. The cost of return shipment is borne by the customer, who is free to choose the method of shipment.
Parcel return address :
In the event of failure to comply with the aforementioned deadlines, the Dreamable company, which operates the Smallable brand, will not be able to reimburse the Customer.
Only items returned in their original packaging and in perfect condition for resale (shoe box, plastic pouches, etc.) will be accepted. Consequently, returns of washed and/or worn garments, as well as damaged boxes, will be refused.
The right of withdrawal may never be exercised if the Articles delivered have been, even partially, washed, soiled, damaged or used. Similarly, items returned incomplete, damaged or soiled by the customer will not be returned or exchanged.
The Articles must also be accompanied by the order number, either on the returns form, sent with the delivered Articles and signed by the Customer, or on any other document. The Customer is informed that the use of the returns form facilitates the processing of the return by Smallable. The Customer is therefore invited to use this return form.
The Customer may only be held liable in the event of depreciation of the Article resulting from handling other than that necessary to establish the nature, characteristics and, where applicable, the proper functioning of the Articles.
Reimbursement in the event of use of the right of withdrawal will be made by the same means of payment as that used by the Customer for the initial transaction, unless the Customer specifically indicates otherwise.
ARTICLE 10: GUARANTEES, CLAIMS AND MEDIATION
Guarantees
In accordance with article 4 of decree no. 78-464 of March 24 1978, the provisions of the present contract shall not deprive the Customer of the legal warranty which obliges the professional seller to guarantee against all consequences of hidden defects in the item sold.
The Customer is expressly informed that Dreamable, the operator of the Smallable brand, is not the manufacturer of the products presented on the website, within the meaning of French law no. 98-389 of May 19, 1998 concerning liability for defective products.
Consequently, in the event of damage caused to a person or property by a defective product, only the manufacturer’s liability may be sought by the Customer, on the basis of the information appearing on the packaging of the said product. Furthermore, the company wishes to point out that the products, services and information offered by Smallable in no way replace the constant vigilance of adults.
The company Dreamable, which operates the Smallable brand, cannot be held liable for failure to comply with the legislation of the country to which the products are delivered. It is the customer’s responsibility to check with local authorities about the possibility of importing or using the products or services you are considering ordering.
Complaints / Mediation
All complaints must be made in advance by e-mail via the “Customer Service” section of the Site, or by telephone to Customer Service.
Contact address: email
Telephone number:
Where applicable, reimbursement will be made within 14 days of receipt of the Article by Smallable, depending on the method of payment chosen at the time of the Order, either to the credit card used for payment, or to the Customer’s PayPal account, or by bank transfer. These provisions are not exclusive of the aforementioned right of withdrawal.
It should be noted that Dreamable, which operates the Smallable brand, adheres to the FEVAD (Fédération du E-Commerce et de la Vente A Distance) Code of Ethics and to the FEVAD E-Commerce Mediation system.
The customer may therefore contact the FEVAD (Fédération du E-Commerce et de la Vente à Distance) mediation service by clicking on this link: http: [//www.fevad.com/espace-consommateurs/les-reclamations-et-les-recours#topContent]
Furthermore, in accordance with Article L.616-2 of the French Consumer Code, the company Dreamable, operating the Smallable brand, informs the Customer of the existence of the online platform created by the European Commission, which is designed to collect any complaints arising from an online purchase by European consumers and then forward the cases received to the relevant national mediators. The link is as follows:
ARTICLE 11: LIABILITY
The products offered comply with the French legislation in force and the standards applicable in France. The liability of the company Dreamable, operating the Smallable brand, cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is the Customer’s responsibility to check with the local authorities the possibilities of importing or using the products you plan to order.
The liability of the company Dreamable, operating the Smallable brand, cannot be held liable for inconveniences and damages related to the use of the internet network, such as service interruptions, the presence of computer viruses, or external intrusions, and more generally, any cases qualified as force majeure or acts of third parties by the courts.
Hypertext links may refer to other sites than . The company Dreamable, operating the Smallable brand, disclaims all liability if the content of these sites violates the legal and regulatory provisions in force.
ARTICLE 12: FORCE MAJEURE
Neither party shall be considered in breach of its contractual obligations to the extent that their execution is delayed, hindered, or prevented by a fortuitous event or force majeure.
A fortuitous event or force majeure shall be considered any irresistible event or circumstance, external to the parties, unforeseeable, inevitable, beyond the parties’ control, and which cannot be prevented by the parties, despite all reasonable efforts.
The party affected by such circumstances shall notify the other within ten business days following the date on which it becomes aware of them.
The two parties shall then meet within a period of one month, unless this is impossible due to the force majeure, to examine the impact of the event and agree on the conditions under which the contract will be continued.
If the force majeure lasts more than three months, the present general conditions may be terminated by the injured party.
Expressly, the following are considered cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals:
- Total or partial strikes, whether internal or external to the company, the blocking of means of transport or supplies for any reason, governmental or legal restrictions, computer failures, earthquakes, fires, storms, floods, lightning;
- The stoppage of telecommunications networks or difficulties specific to external telecommunications networks to the Customers.
ARTICLE 13: PERSONAL DATA
Visitors or Customers of the website have the right to access, modify, rectify, and delete their data at any time, in accordance with Article 34 of the French “Data Protection Act” of January 6, 1978.
During the Customer’s registration or when placing an order, or as part of other specific operations, Smallable offers Visitors or Customers the option to receive its newsletters, promotional offers, and/or register to be informed of its exclusive sales. The Visitor or Customer may modify their subscription at any time through their personal account or via the hyperlink located at the bottom of newsletters received by email.
Smallable undertakes to effectively take into account subscription and unsubscription modifications to commercial emails sent by its services as quickly as possible, depending on the necessary processing.
Smallable may also offer its Visitors or Customers to receive promotional offers from its partners. For commercial purposes, Smallable may transmit the identity and contact details of its Users or Customers to commercial partners, but only if they have agreed to the disclosure of their personal data. Users and Customers can modify their choices at any time on the Smallable website.
Smallable uses data collection systems such as cookies. A cookie is a computer file stored on the user’s hard drive. Cookies allow us to track a previous visit by the user to the site and link the user to their personal data left on the site, particularly for identifying their shopping cart.
The company Dreamable, operating the Smallable brand, informs its Customers that the processing of personal and/or private data has been declared to the CNIL under the number 1309937 on July 31, 2008.
Creating a gift list means that the customer’s name, first name, and postal code will be visible on through the gift list search. This section allows relatives to find the list and access it. Under no circumstances will they have access to other personal data concerning the creator of the list.
ARTICLE 14: INTELLECTUAL PROPERTY
All content (texts, comments, works, illustrations, images, videos, graphics, sounds, including the underlying technologies used) displayed on this site is protected under copyright and intellectual property rights worldwide. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is permitted, unless otherwise or more restrictively provided for by the Intellectual Property Code. Any other use constitutes infringement and will be punished under Intellectual Property law unless prior authorization is obtained from Smallable.
Anyone owning a website and wishing to place a simple link directly to the website must request authorization from Smallable. Any authorization granted by Smallable will not, under any circumstances, be considered as an implicit affiliation agreement and will not be granted definitively. At Smallable’s simple request, this link must be removed.
ARTICLE 15: ENTIRETY OF THE CONDITIONS
A change in legislation, regulation, or a court decision that invalidates one or more clauses of these General Terms and Conditions of Sale shall not affect the validity of the present General Terms and Conditions of Sale. Such a change or finding shall in no way allow the Customer to disregard these General Terms and Conditions of Sale.
If a condition is not explicitly mentioned, it shall be considered governed by the practices in force in the distance selling sector, where companies are based in France.
Relations between the company Dreamable, operating the Smallable brand, and the Customer are governed exclusively by these conditions, excluding any other conditions appearing on the website.
ARTICLE 16: DURATION AND APPLICATION
These Conditions apply throughout the duration of the online services offered by the company Dreamable, operating the Smallable brand. They can be modified at any time by Smallable. The applicable Conditions are those in force on the date the order is recorded.
ARTICLE 17: TERRITORIALITY AND APPLICABLE LAW
Sales of products by the company Dreamable, operating the Smallable brand, are subject to French law. In the case of an individual Customer, any dispute relating to the existence, interpretation, performance, or termination of the contract concluded between the company Dreamable, operating the Smallable brand, and the Customer, even in the event of multiple defendants, will, in the absence of an amicable agreement, be subject to the exclusive jurisdiction of the court of the Customer’s domicile.In the case of a professional Customer, any dispute relating to the existence, interpretation, performance, or termination of the contract concluded between the company Dreamable, operating the Smallable brand, and the Customer, even in the event of multiple defendants, will, in the absence of an amicable agreement, be subject to the exclusive jurisdiction of the courts of Paris.)
In addition, in accordance with article L.616-2 of the French Consumer Code, the Dreamable company operating the Smallable brand informs the Customer of the existence of the platform set up online by the European Commission, the purpose of which is to collect any complaints arising from an online purchase from European consumers, and then to forward the cases received to the competent national mediators. The link is as follows: http: [**//ec.europa.eu/consumers/odr/**]()
**ARTICLE 11: LIABILITY**
The products offered comply with current French legislation and with standards applicable in France. The company Dreamable, which operates the Smallable brand, cannot be held liable for failure to comply with the legislation of the country where the product is delivered. It is the customer’s responsibility to check with local authorities about the possibility of importing or using the products you are considering ordering.
The company Dreamable, which operates the Smallable brand, cannot be held liable for any inconvenience or damage relating to the use of the Internet network, such as a break in service, the presence of computer viruses or external intrusions, and more generally for all cases qualified by the courts as force majeure or the actions of third parties.
Hypertext links may lead to sites other than the site. The Dreamable company, owner of the Smallable brand, declines all responsibility in the event that the content of these sites contravenes the legal and regulatory provisions in force.
**ARTICLE 12: FORCE MAJEURE**
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
An act of God or force majeure shall be deemed to be any irresistible event or circumstance, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten working days of becoming aware of them.
The two parties will then meet, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue.
If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party.
The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals:
\- Total or partial strikes, internal or external to the company, blockage of means of transport or supplies for any reason whatsoever, governmental or legal restrictions, computer breakdowns, earthquakes, fires, storms, floods, lightning;
\- Stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the Customer.
**ARTICLE 13: PERSONAL DATA**
Visitors to or Customers of the site have the right to access, modify, rectify and delete data concerning them at any time, in application of article 34 of the French Data Protection Act of January 6, 1978.
When a Customer registers or places an order, or in the context of other specific operations, Smallable offers Visitors or Customers the opportunity to receive its newsletters, promotional offers, and/or to register to be informed of its exclusive sales. Visitors or Customers may modify their subscription at any time via their personal account, or via the hypertext link at the bottom of newsletters received by e-mail.
Smallable undertakes to effectively take into account modifications to subscriptions and unsubscriptions to commercial e-mails sent by Smallable as soon as possible, depending on the processing required.
Smallable may also offer its Visitors or Customers the opportunity to receive promotional offers from its partners. Smallable may, for commercial purposes, transmit to commercial partners the identity and contact details of its Users or Customers, only insofar as they have agreed to the disclosure of their personal data. Users and Customers may modify their choices at any time on the Smallable website.
Smallable uses data collection systems such as cookies. A cookie is a computer file stored on the hard disk of the user’s computer. Cookies make it possible to identify a user’s previous visit to the site and to link the user to his or her personal data left on the site, in particular for the purposes of identifying the order basket.
The Dreamable company, which operates the Smallable brand, informs its customers that the processing of this nominative and/or personal information has been declared to the CNIL under number 1309937 dated July 31, 2008.
The creation of a gift list means that the customer’s surname, first name and zip code are visible on via the gift list search. This section enables friends and family to find and access the list. Under no circumstances will they have access to any other personal data concerning the list creator.
**ARTICLE 14: INTELLECTUAL PROPERTY**
All content (texts, comments, works, illustrations, images, videos, graphics, sounds… including the underlying technologies used) displayed on the present site is reserved under copyright and intellectual property law for the entire world. As such, and in accordance with the provisions of the French Intellectual Property Code, only private use is authorized, subject to different or even more restrictive provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under the Intellectual Property Code unless prior authorization has been obtained from Smallable. Any total or partial reproduction of the Smallable catalog is strictly forbidden.
Anyone with a website wishing to place a simple link directly to the website must request authorization from Smallable. Any authorization given by Smallable shall in no case constitute an implicit affiliation agreement and shall in no case be given on a permanent basis. Upon request from Smallable, this link must be removed.
**ARTICLE 15: COMPLETENESS OF CONDITIONS**
A change in legislation, regulations or a court ruling rendering one or more clauses of these General Terms and Conditions of Sale null and void shall not affect the validity of these General Terms and Conditions of Sale. Such a change or finding shall in no way entitle the Customer not to comply with these General Terms and Conditions of Sale.
If a condition is not explicitly mentioned, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
The relationship between the Dreamable company, owner of the Smallable brand, and the Customer is governed exclusively by the present conditions, to the exclusion of any other condition appearing on the website.
**ARTICLE 16: DURATION AND APPLICATION**
The present Terms and Conditions apply for the duration of the online services offered by Dreamable, operator of the Smallable brand. They may be modified at any time by Smallable. The applicable Conditions are those in effect on the date the order is registered.
**ARTICLE 17: TERRITORIALITY AND APPLICABLE LAW**
Sales of products by the Dreamable company, which operates the Smallable brand, are subject to French law. In the case of an individual Customer, any dispute relating to the existence, interpretation, performance or breach of contract between Dreamable exploiting the Smallable brand and the Customer, even in the event of multiple defendants, will, in the absence of amicable agreement, fall within the exclusive jurisdiction of the court of the Customer’s domicile. In the case of a professional Customer, any dispute relating to the existence, interpretation, performance or breach of contract between the company Dreamable operating the Smallable brand and the Customer, even in the event of multiple defendants, will, in the absence of amicable agreement, fall under the exclusive jurisdiction of the courts of Paris.