Terms & Conditions

GENERAL TERMS & CONDITIONS OF SALE

 

OVERVIEW

This website is operated by Petit Nomade, a brand owned by Little Dream Factory LLC.

The following terminology applies to these Terms and Conditions, Privacy Statement and any or all Agreements: "Customer", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. "The Company", “Ourselves”, “We” and "Us", refers to Petit Nomade. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Customer or ourselves.  

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional Terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

By placing an order through our website, you represent and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

SECTION 2 - GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors.

We make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to images, pricing and availability, and some information may not be complete or current.

We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
 
Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 5 - PRODUCTS OR SERVICES 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

SECTION 6 - PRODUCTS 

Products offered for sale by Petit Nomade are those listed on the Website the day of their consultation by you, the Customer.

We have made every effort to display as accurately as possible their description, price, photography, availability of sizes and colors, compositions and special features.

However, we make no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information; it being understood that said information, including photography illustrating the products are not contractual.

Small differences may exist between the product and its photography, depending on the screen resolution and the definition of colors of the screen of the computer of the user.

SECTION 7 - PRICING 
The products displayed on our website can presently be ordered and delivered only within the U.S. All prices displayed on this website are quoted in U.S. Dollars and are valid and effective only in the U.S. and exclude sales taxes, shipping costs and other taxes unless otherwise stated. The applicable taxes and shipping costs will be updated based on the shipping destination after you provide us with the delivery address and will be shown in your shopping bag before you confirm your order. These costs are at the expense of the Customer and are charged in addition to the sales price of the Products.

We reserve the right to modify prices and delivery costs at any time without prior notice. We take reasonable care to ensure that the prices of products are correct at the time when the relevant information was entered into the system or communicated to you.

However, it is always possible that, despite our reasonable efforts, some of the products offered through our website or other selling platforms may be incorrectly priced. If any of the products you place an order for are incorrectly priced, we will contact you as soon as possible to inform you of this error using the contact details you have provided during the order process, and your order will be cancelled even if it has been initially validated. 

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

You may not sell or resell any products you purchase or otherwise receive from Petit Nomade. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms and Conditions, as determined by Petit Nomade in its sole discretion.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

SECTION 9 – PAYMENT
Petit Nomade requires full payment before the delivery of your order and we will only ship once the payment has cleared.

We accept the methods of payment identified as part of the order process on our website. Depending upon the means of payment, we may require additional information, including specific forms of identification.

When ordering on our website, you will need to enter your payment details on the appropriate form.

All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem. Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.

In the event of a default of payment to the wrong address or any other problem on your account, Petit Nomade reserves the right to block your order pending the resolution of the problem.

SECTION 10 – SHIPPING
We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our confirmed order, i.e. when payment has been cleared, and in any event within thirty (30) days after that date, except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of pre-sale.

When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that it is always subject to receiving your full payment. 

If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimize the effect of the delay.

Any order registered on the Website Monday through Thursday before 1 p.m. will be processed the same day; after 1 p.m. it will be processed the following day. All orders placed after 3 p.m. Friday, Saturday and Sunday will be processed the following Monday; it being understood that orders placed on a holiday will be processed the following business day.

Exceeding the delivery time, not justified by force majeure (Act of God), you may request cancellation of the sale and obtain within a maximum period of 30 (thirty) days the refund of the amount paid in connection with the sale.

SECTION 11 - OPTIONAL TOOLS 
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the Terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

SECTION 12 - THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, social media platforms or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 14 - PERSONAL INFORMATION 
Your submission of personal information through the store is governed by our Privacy Policy, which can be reviewed here.

SECTION 15 - PROHIBITED USES
 
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall Petit Nomade , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 17 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless Petit Nomade and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 18 - SEVERABILITY 
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 19 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 20 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 
These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). 
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. 

SECTION 21 - GOVERNING LAW 
These Terms and any separate agreements whereby we provide you our services or products shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law principles. Any dispute arising from or under these Terms or your use of the site, our services, or products shall be submitted to the federal and states courts in Miami-Dade County, Florida, and you expressly agree that such courts shall have personal jurisdiction over you. The prevailing party in any dispute arising from or under these Terms or your use of the site, our services, or products shall be entitled to an award of its reasonable attorney’s fees and court costs against the non-prevailing party, from the inception of claim through and including all trial and appellate levels and collection of judgment proceedings.


SECTION 22 - CHANGES TO TERMS OF SERVICE 
You can review the most current version of the Terms and Conditions at any time on our website. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes. 

SECTION 23 - CONTACT INFORMATION 
Questions about the Terms and Conditions should be sent to us at: hello@shoppetitnomade.com