Terms and Conditions
1. General terms and conditions
1.1 The company LITTLE PANDAS SA, registered in the Commercial Register of the Canton of GENEVA, Switzerland, under number CHE-296.105.121 (hereinafter the “Company”), operates, under the address Avenue Jules-Crosnier 12, 1206 Geneva, Switzerland (hereinafter the “Website”) the brand LITTLE PANDAS SA is a children’s space offering workshops for different ages (hereinafter the “Merchandise”).
1.2 The Company provides all services in connection with the use of the online store and services exclusively on the basis of these General Terms and Conditions of Sale (hereinafter the “GTCS”). The GTC apply to all users of the online store who use a service and who are over eighteen (18) years of age (hereinafter the “Customer”). The Website is reserved for adults. For this reason, the version of the GCS applicable to the ordering Customer is that valid at the time of ordering and accessible via the link on the Website.
1.3 By sending the electronic order via the Website, the Customer accepts the validity of the GTC. By doing so, the Customer expressly excludes any general terms and conditions of sale specific to the Customer.
1.4 The Company does not guarantee any specific accessibility of its Website for the use of the online store and services.
1.5 The Company may limit or regulate access to the online store and services at any time. It may do so in particular where this is necessary for reasons of network operational security, maintenance of network integrity (to avoid serious network disruption), software or stored data.
2. “Booking” Service
2.1 General information
With the “Booking” Service, the Customer can, electronically and after registering a user account, purchase courses and course packs from the Company.
2.2 Ordering
By clicking on the “Booking” button, the Customer can view and select individual items for purchase. By clicking on the “Basket” button, the Customer can check and modify the contents of the basket. To proceed with the order, the Customer must enter the required data such as payment method, delivery address and billing address. Before completing the order, the customer has the opportunity to check the order for input errors, and to rectify them if necessary. By clicking on the “Buy now” button, the Customer legally completes the order process and sends the Company a binding offer to purchase the selected goods. Payment for the goods ordered is made at the time the order is placed. The full price of the goods ordered by the customer must be paid when the goods are ordered.
2.3 Offer, conclusion of contract
The goods and services presented on the Website do not constitute binding offers, but an invitation to the Customer to submit a binding offer to the Company. By ordering goods, the Customer makes a binding offer to enter into a purchase contract. The customer then receives confirmation of receipt of the order from the Company by email. This constitutes acceptance of the offer, except in the event of exceptional circumstances beyond the Company’s control (accidents, natural disasters, etc.).
2.4 Saving the contractual text
The Company does not save the contractual text; the Customer must save his order and the GCS himself in the event that he wishes to consult them at a later date.
2.5 Prices
All prices quoted in Swiss francs (CHF) are gross prices, including VAT. For prices that are not round, rounding is always to the nearest unit (commercial rounding). For zero point zero one and zero point zero two Swiss francs (CHF 0.01 and CHF 0.02), as well as for zero point zero six and zero point zero seven Swiss francs (CHF 0.06 and 0.07), rounding is to the nearest lower multiple of five (5); for zero point zero three and zero point zero four Swiss francs (CHF 0.03 and 0.04), as well as for zero point zero eight and zero point zero nine Swiss francs (CHF 0.08 and 0.09), rounding is to the nearest higher multiple of five (5).
2.6 Payment
2.6.1 Payment may be made by credit card via the STRIPE service provider. The Company reserves the right to exclude certain means of payment in certain cases or to offer new means of payment.
2.6.2 In exceptional cases where the Company provides a service in advance, e.g. in the case of a purchase on account, it may exchange data with other credit, payment and service companies (information agency) in order to carry out an identity check, a credit analysis and a solvency check in order to safeguard its legitimate interests. To this end, the Company transmits the necessary personal data to an information agency. The Company receives information about the customer’s payment history and creditworthiness from this information agency on the basis of mathematical and statistical processes that use address data; it uses this information to make a suitable decision regarding the reason, performance or termination of the contract. On request, the Company will provide the Customer with the name of the information agency to be contacted in such cases.
2.6.3 If the Customer fails to meet its payment obligations, it will be in default without notice of default upon expiry of the payment deadline set. In the event of late payment, the Company is entitled to charge interest on arrears of eight percent (8%) and to charge a reminder fee of up to thirty Swiss francs (CHF 30.-) for each payment reminder, as well as other fees, in particular the costs of collection proceedings. If the customer has taken possession of the goods ordered prior to payment and is in arrears with payment of the purchase price, the Company is entitled to set a grace period, which is generally ten (10) days, and either to withdraw from the contract if payment is not made within ten (10) days of the grace period and demand compensation, or to demand payment of the purchase price. In the event of an advance payment obligation and in the case of a cash purchase, the Company may, in the event of late payment by the Customer, immediately terminate the contract without setting a further deadline, simply by notifying the Customer. Furthermore, in the event of late payment, the Company reserves the right to block all further orders until the sums due have been paid.
Force majeure
3.1 The Company is not liable for delays in the availability of goods in the following cases: Exceptional circumstances as well as any other unforeseeable, unavoidable and exceptional event not caused by the Company occurring after the order or reservation or which would have remained unknown to the Company without the latter being responsible. In addition, strikes, fire, floods, labor disputes, malfunctions, changes in administrative authorizations or legislation and official provisions and which do not count as business risks (this provision also applies if these elements affect its legal representatives, vicarious agents or suppliers).
3.2 In the cases referred to in 3 para. 1, the Company is entitled to postpone performance by the duration of the impediment plus an appropriate start-up time. If the Company indicates to the Customer that the performance of the service will be significantly impaired in this case, the Company and the Customer are entitled to terminate or cancel the contract. Circumstances that could lead to a strictly temporary and therefore tolerable delay in performance are excluded from this scenario. The customer’s legal rights remain unaffected.
4. Liability, warranty and warranty coverage
The company’s liability is limited in all cases to gross negligence and unlawful intent. All other liability is expressly excluded. The liability of the company’s vicarious agents is totally excluded.
5. Registration & data protection
5.1 A delivery order can be placed using either a single visitor account or a permanent user account (in short: “Registration”). In both cases, the Customer must provide the data required to use the service, and in particular confirm that he/she is of legal age and has full legal capacity to visit the Website.
5.2 Only persons of legal age and natural and legal persons with full legal capacity may register and visit the Website. Registration is free of charge.
5.3 The Customer guarantees that the information provided is complete and accurate. The Customer undertakes to inform the Company of any changes to this data. Fields marked as mandatory must be completed in order to proceed with registration. It is particularly important to provide a current email address which will be associated with the Customer and which the Customer consults regularly. The double-opt-in procedure is used for this purpose. Once registration has been completed, the Customer will receive a link to the e-mail address he/she has specified; he/she then clicks on this link to complete the registration procedure and confirm it.
5.4 If the Customer creates a permanent user account, he/she chooses a password during registration to log in. The Customer must keep this password secret and not disclose it to anyone. If the Customer believes that other people know his/her password, he/she must change it promptly and inform the Company if necessary. It is the Customer’s responsibility to prevent fraudulent use of his or her user name, password or any other login information. The Company assumes that when an account is logged in, it is indeed the authorized Customer who is logging in. The Company accepts no responsibility for the consequences of fraudulent use of login data. The Company must be notified immediately of any loss or suspicion of unauthorized use of the user name, password or any other problem relating to the use of the online store.
5.5 The Customer’s personal data that may be collected on the Website are as follows:
– (If applicable) Account/profile creation: when an account/profile is created, the surname, first name, date of birth, postal address, e-mail address, telephone number and connection data are recorded.
– (If applicable) Connection to the Website: connection, navigation and location data are recorded.
– (If applicable) Payments on the Website: in the event of a financial transaction on the Website via the service provider STRIPE, bank details or credit card data are recorded only with this service provider.
– (If applicable) Online discussions: when the Customer communicates with other users on the Website, data relating to these exchanges is recorded.
– (Where applicable) Information from third parties: Certain data (in particular surname, first name and telephone and/or postal details) may be transmitted to the Company, with the customer’s prior consent, by the Company’s partners. In this case, data processing will be governed by the present stipulations.
– (If applicable) Contact: When filling in the contact form, the Customer’s surname, first name, e-mail address and message are collected.
5.6 Cookies : Cookies are used in connection with the use of the Website in order to collect certain information (in particular, the IP address, information relating to the computer used for browsing, the connection mode, the type and version of the Internet browser, the operating system and other technical identifiers or the URL address of connections, including the date and time, as well as the content accessed). The customer can deactivate cookies via the browser settings.
5.7 The main uses of the Customer’s personal data are as follows:
– access and use of the Website ;
– data verification and authentication;
– optimizing the layout and operation of the Website;
– combating fraud, misuse, viruses and other malicious software;
– customer relationship management;
– (Where applicable) setting up and managing a communication area between users of the Website;
– (Where applicable) provision of user assistance;
– (Where applicable) management of payment services;
– (Where applicable) provision of personalized content and services, based on browsing history, preferences and interests;
5.8 Where certain information is mandatory in order to access specific functionalities of the Website, this mandatory nature is indicated at the time the data is entered. If the Customer refuses to provide mandatory information, he or she may be denied access to certain services, functionalities or sections of the Website.
5.9 The Customer’s personal data will be kept for as long as is necessary for the duration of the supply of goods and services, unless the Customer exercises one of the rights granted to him by law under the conditions set out below, or a longer retention period is authorized or imposed by virtue of a legal or regulatory provision.
5.10 During this period, the Website implements organizational, software, legal, technical and physical measures to ensure the confidentiality and security of personal data, so as to prevent damage, deletion or access by unauthorized third parties. Access to personal data is strictly limited to the Company’s employees and agents, authorized by virtue of their functions and bound by an obligation of confidentiality. However, the data collected may be communicated to subcontractors contractually entrusted with the performance of tasks necessary for the proper functioning of the Website and its services, as well as for the proper management of customer relations, without the customer’s consent. It is specified that, in the performance of their services, subcontractors have only limited access to personal data and are under a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Company undertakes not to sell, rent, transfer or give access to third parties to personal data without the prior written or oral consent of the Customer, unless compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defense, etc.).
6. Set-off, retention
The Customer is only entitled to a right of set-off if his claims have been legally established or recognized by the Company or are undisputed. The Customer may only assert rights of retention and possible set-off if the claim relates to the same purchase contract.
7. Intellectual property rights
The photos, texts, illustrations, icons, documents, symbols, logos, expressions, as they appear on the Website, are the sole and exclusive property of the Company. The latter reserves the right to take legal action against any infringer or improper user.
8. Validity of the GCS and Jurisdiction
8.1 The validity of these GTC and the legal relationship between the Company and the Customer shall be governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
8.2 The exclusive place of jurisdiction for any proceedings shall be the courts of Geneva, insofar as no compulsory consumer place of jurisdiction according to the Swiss Code of Civil Procedure is mentioned.
CONTACT DETAILS:
LITTLE PANDAS SA
Avenue Jules-Crosnier, 12
1206 Geneva
Please note that this is only a translation. In case of discrepancies between the French and English version of the text the French version prevails.
