Terms and Conditions
These Terms and Conditions will apply to any contract for the sale of Products by us to you (“Contract”). Please read these Terms and Conditions carefully and make sure that you understand them before ordering any Products from our Website.
Please note that by ordering any of our Products, you agree to be bound by these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order Products from our Website.
1. UNDERSTANDING THESE TERMS AND CONDITIONS
1.1 When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.2 When we refer to "we", "us" or "our", we mean Woodelis Sàrl (owner of the brand Petit Menhir and of the Website). When we refer to "you" or "your" we mean you, the person buying Products from our Website.
1.3 We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions, and any Contract between you and us, are only available in the English language. We will not file copies of the Contract between you and us so we recommend that you print or save a copy of these Terms and Conditions for your records. Please check the Website each time you order Products to ensure you understand the legal terms that will apply to the Contract at that time.
2. ABOUT US
2.1 Woodelis Sàrl is a Swiss company registered under number CHE-328.181.016 (« we», « us » ou « our »). Woodelis Sàrl operates the Website www.mypetitmenhir.com (https://mypetitmenhir.com) (« Website »).
2.2 If you would like to contact us, please use the form on the Contact Us page of our Website and our customer services team will be happy to assist you.
3. OUR PRODUCTS
3.1 The images of the Products on our Website are for illustrative purposes only. The packaging and presentation of the Products may vary from that shown on images on our Website.
3.2 Many of our Products are available in different quantities and varieties. The various options for each Product are stated on the relevant Product page on our Website.
3.3 All Products shown on our Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.
4. BUYING PRODUCTS FROM US
4.1 You may only buy Products from our Website if you are at least 18 years old.
4.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. In particular, please check the quantities and colors of each of the Products in your order.
4.3 By clicking the “BUY” you are committing to buy and pay for the Products in your order. This is an offer from you to enter into a Contract with us to buy the Products in your order. The Contract is subject to these Terms and Conditions. By placing an order, you confirm that you accept these Terms and Conditions.
4.4 After you place an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
4.5 If we accept your order, we will confirm this to you by sending you an email (“Order Confirmation”). The Contract between us will only be formed when we send you the Order Confirmation. We will send you a further email when the products in your order have been shipped (“Shipping Confirmation”). The Order Confirmation will also include details of your rights to cancel the Contract – please read this information carefully as it is important that you are aware of your rights.
4.7 If we are unable to supply you with a Product (because, for example, that Product is not in stock or is no longer available) we will inform you of this by email and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount as soon as possible.
5. PRODUCT PRICES
5.1 The prices of the Products will be as quoted on our Website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made a pricing error. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.
5.2 The prices of the Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
6. METHODS OF PAYMENT
6.1 You can pay for Products using a credit card. We accept the following cards: Visa, MasterCard, Maestro and American Express.
6.2 By ordering Products from us through our Website, you authorize us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and/or to authorize individual purchases. You authorize us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.
6.3 If the amount due from you for your order cannot be debited or charged, for whatever reason, your order will be cancelled (we will notify you of this using the contact details you provided during the order process).
6.4 Your debit card or credit card will not be charged until you click on "BUY" (at which point we take payment for the Products and all applicable delivery charges in full).
7.1 Your order will be fulfilled in the estimated delivery time, unless there is an event outside of our control (please see section 13 below for more information about these events). If we are unable to meet the estimated delivery time because of an event outside of our control, please contact us to receive an update on your delivery.
7.2 Delivery will be completed when we deliver the products to the address you gave us (so please make sure that the delivery details you provide are accurate as we cannot be responsible for any delayed or failed deliveries as a result of your error).
7.3 If you order Products from our Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such laws or regulations.
8. RETURNS AND REFUNDS
8.1 We want you to be completely satisfied with the Products you have ordered from us. If you have any problems with the Products you have ordered, please contact our customer services team via email at firstname.lastname@example.org. Details of your legal right to cancel your Contract with us, and an explanation of how to do this, are set out below and provided in the Order Confirmation that we send to you. 8.2 You may return Products to us and receive a full refund of the price paid for the Products provided that you return the Products to us (or notify us of your intention to do so) within 14 days of the Products being delivered to you.
8.3 If you wish to return products to us, please inform us by contacting our customer service team by filling in the contact form. We will send you an email confirming receipt of your return request. We advise you to keep a copy of this email (as well as a copy of any email you send us).
8.4 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 14 days (as described in section 8.3 above). We will refund you on the credit card or debit card that you used to pay.
8.5 In order to receive your refund, you must return the Products to us as soon as reasonably possible. Unless the Products are faulty or not as described (in which case, section 8.6 below will apply), you are responsible for taking reasonable care of the Products until they are returned to us.
8.6 In the unlikely event that the Products we sell to you are faulty or not as described, you may have additional legal rights to receive a refund in relation these Products. These legal rights are not affected by our general returns policy (set out above) or by these Terms and Conditions. Advice about your legal rights is available from your local or national consumer protection body.
9. OUR LIABILITY
9.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
9.2 We do not in any way exclude or limit our liability for:
9.2.1 death or personal injury caused by our negligence;
9.2.2 fraud or fraudulent misrepresentation; and et
9.2.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
10. USING OUR WEBSITE
11. YOUR PERSONAL INFORMATION
12. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
12.1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
12.2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Petit Menhir/Woodelis Sàrl and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
12.3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of educational toys and games for children, especially made out of wood. Messages may include checkout reminders.
12.4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
12.5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
12.6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
12.7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
12.8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
12.9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
12.10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
12.11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Lausanne, before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Petit Menhir/Woodelis Sàrl’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12.12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
12.13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
13. EVENTS OUTSIDE OF OUR CONTROL
13.1 In rare circumstances, events outside of our reasonable control may delay or prevent us from performing our obligations under the Contract. If these events occur, we will try to perform our obligations to you as soon as we can. We cannot, however, accept liability for any losses caused to you as a result of any delay or failure by us to perform our obligations where such delay or failure is due to an event which is outside of our reasonable control.
13.2 If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract:
13.2.1 we will contact you as soon as reasonably possible to notify you; and
13.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control. Where the event outside of our reasonable control affects delivery of Products to you, we will arrange a new delivery date with you after the event outside of our reasonable control is over.
14. CHANGES TO THESE TERMS AND CONDITIONS
14.1 We may make changes to these Terms of service from time to time (if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms and Conditions).
We hope that you don’t have cause for a complaint but, if you do, we want to hear about it so that we can try and resolve it and make sure it doesn’t happen again. Please contact our customer services team using the form on the Contact Us page of our Website.
16. OTHER IMPORTANT INFORMATION
16.1 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
16.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.3 Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
16.4 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.5 These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
17. GOVERNING LAW AND JURISDICTION
17.1 These Terms and Conditions are governed by Swiss law. This means that the Contract for the purchase of Products through our Website, and any dispute or claim arising out of or in connection with it, will be governed by Swiss law.
17.2 You and we both agree that the courts of Lausanne will have exclusive jurisdiction of any disputes.