Article 1 – Introduction

1.1 KIDSTORIE is a simplified joint-stock company with a capital of €10,000, registered with the Thonon-les-bains Trade and Companies Register under number 949 450 613, whose registered office is located at 42 Avenue du Jura, 74890 Bons-en-Chablais (hereinafter referred to as “KIDSTORIE”). KIDSTORIE publishes the website accessible at the address http://kidstorie.com.

1.2 The KIDSTORIE Website is a platform for buying and selling second-hand children's clothing and fashion items ("Product(s)").

1.3 These general terms and conditions (“GTC”) define the rights and obligations resulting from the purchase and/or sale of a Product on the Website.

1.4 These terms and conditions ("T&Cs") should be read in conjunction with KIDSTORIE's Privacy Policy, in which we tell you what information we collect about you and how we use and disclose it ("Privacy Policy").

Article 2 – Purchase and Sale

2.1 The Website allows any user to entrust Products to Kidstorie for sale via its Website (“Seller(s)”) but also to purchase Products online (“Buyer(s)”).

2.2 Sellers and Buyers are jointly referred to as “Customers”.

2.3 By entrusting the sale of a Product or by purchasing a Product, the Customer acknowledges having read these general conditions of sale and deposit and having accepted them without reservation or restriction, in particular in form given the electronic nature of the contract.

2.4 The T&Cs available online on the Site take precedence over previous versions, with the exception of modifications made after acceptance of the T&Cs by the Customers.

Article 3 – Registration

3.1 In order to be able to entrust a Product for sale, or to be able to purchase a Product, each Customer must be of legal age and have full exercise of their civil rights.

3.2 Each Customer must provide KIDSTORIE with their age, postal address, personal telephone number and a valid email address.

3.3 KIDSTORIE shall not be held liable in any way for the forgetfulness, misuse, or unauthorized use of a Customer's login details. In such cases, the Customer must immediately inform KIDSTORIE by email at the following address: hello@kidstorie.com.

Article 4 – Deposit of a Product

4.1 To deposit a Product for sale, the Seller must complete the deposit form provided for this purpose on the Site, or contact the company KIDSTORIE by email hello@kidstorie.com or on WhatsApp.

4.2 A user account is then created by KIDSTORIE and a password is sent by email to the Seller. The Seller may change their password at any time. All actions performed using a Seller's credentials are considered to have been performed by the Seller.

4.3 The deposit form constitutes an integral part of the contract between the Seller and KIDSTORIE.

4.4 By electronically submitting the deposit form, the Seller declares:

• accept without conditions or reservations the present conditions of sale and deposit;
• subject to confirmation from KIDSTORIE (5.1) wish to enter into a consignment contract with KIDSTORIE, the terms of which are exclusively governed by these general conditions of sale and deposit and the deposit form;
• that he is the legitimate legal owner of the Product;
• that the Product complies with the laws and regulations in force, in particular regarding counterfeiting;

4.5 A Product may only be placed on deposit with KIDSTORIE if the seller is the legitimate owner and if the Product in question complies with KIDSTORIE standards, as well as with the laws and regulations in force, in particular regarding counterfeiting.

4.6 The Seller is responsible for the quality and authenticity of the Products placed in storage at KIDSTORIE. In the event of a hidden defect, particularly if the Seller places in storage an item that does not comply with the laws and regulations in force, particularly regarding counterfeiting, the Seller must compensate KIDSTORIE for any damage suffered by KIDSTORIE and reimburse - within three working days following KIDSTORIE's written request - the sale price of the Product sold to a Buyer. KIDSTORIE will then reimburse the Buyer for the Product in question.

4.7 KIDSTORIE reserves the right to:

• Do not accept the Products presented by the Seller if they do not meet the standards and selection criteria displayed on the Site. In this case, KIDSTORIE will inform the Seller without delay. The Seller may choose to donate them to a partner association or to collect them at its own expense. If the Seller does not assert its choice within 5 working days of KIDSTORIE's communication, KIDSTORIE will be entitled to donate the Product in question to the partner association of its choice, without any liability on the part of KIDSTORIE.
• At any time, without notice, cancel the contract and withdraw from sale a Product presenting
  a defect not reported at the time of deposit or a Product whose authenticity KIDSTORIE doubts or when KIDSTORIE has a doubt about the origin or identification of the Seller. In this case, KIDSTORIE informs the Seller without delay. The Seller can choose to donate them to a partner association or to recover them at its own expense. If the Seller does not assert its choice within 5 working days of KIDSTORIE's communication, KIDSTORIE will be entitled to donate the Product in question to the partner association of its choice, without any liability on the part of KIDSTORIE.

4.8 In order to ship the Product to KIDSTORIE, a prepaid shipping label will be sent by KIDSTORIE to the Seller. At the Seller's request, KIDSTORIE may, but is not obligated to, arrange for a physical collection or offer to drop off the Product at KIDSTORIE's warehouse.

4.9 As delivery is provided by third-party service providers, KIDSTORIE cannot be held liable in any way in the event of non-performance or poor performance by the delivery service provider, particularly in the event of
loss or damage to or Product sent.

4.10 If a Product entrusted by the Seller does not meet KIDSTORIE's selection criteria and is refused, a processing fee of €1 per refused item will be applied to cover management and logistics costs.

4.11 By completing and submitting the deposit form, the Seller agrees to subscribe to the KIDSTORIE newsletter. The Seller can unsubscribe at any time via the unsubscribe link included in each email.

Article 5 – Consignment contract

5.1 Upon receipt by KIDSTORIE of the Seller's Products, a confirmation email is sent to the latter, which constitutes KIDSTORIE's acceptance of entering into a consignment contract with the Seller, the terms of which are governed exclusively by these general terms and conditions of sale and consignment and the consignment form, until the Product(s) are sold, but at most, for a period of 6 months from the Product being put online.

5.2 The Seller may, during the 6-month sales period, cancel the sale of an unsold Product, which will be shipped to the Seller at its own expense. If the Seller does not send a shipping label to KIDSTORIE within 30 days of canceling the Sale, KIDSTORIE is entitled to donate the Product in question to a partner association.

5.3 The confirmation email includes the seller's first and last name, postal address, email address, telephone number, the date of deposit, a description of the Products placed on deposit and the date on which the unsold and uncollected Products will be donated to a partner association.

5.4 At the end of the 6-month consignment period, if the Product(s) are not sold, the Seller may choose to collect them with delivery at their own expense or donate them to one of KIDSTORIE's partner associations. If the Seller wishes to collect the unsold Product but does not send a shipping label to KIDSTORIE within 30 days following the end of the sales period, KIDSTORIE is entitled to donate the Product in question to a partner association.

5.5 If the Seller wishes to recover its Products before the end of the 6-month period, it undertakes to pay Kidstorie compensation of €5 per item recovered to cover the costs incurred by Kidstorie (collection, insurance and putting online).

6 - Selling price

6.1 The Seller's attention is expressly drawn to the fact that KIDSTORIE freely and alone decides the sale price of the Products placed on deposit.

6.2 If the Seller wishes to change a price, he must notify Kidstorie. This price corresponds to the sales price including VAT (if applicable) offered to the Buyer.

6.3 Failing this, KIDSTORIE is free to sell the Product at the price of its choice, which may change during the sales period to maximize the chances of a successful sale.

Article 7 – Payment of the sale price to the Seller KIDSTORIE Commission and Purchase Voucher

7.1 KIDSTORIE charges a sales commission on each Product sold from its Site.

7.2 The commission charged by KIDSTORIE is 50% excluding VAT of the selling price excluding VAT of the Product, respectively 40% when the Seller decides to credit this amount to his KIDSTORIE account.

7.3 After a period of 15 days following receipt of the Product by the Buyer, the net result of the sale (sale price excluding VAT – commission including VAT) is, at the Seller's choice:

• credited to the Seller's KIDSTORIE account, thus allowing them to in turn purchase Products on the “Purchase Voucher” Site;
• credited by bank transfer or PAYPAL to the Seller's bank account;
• donated by KIDSTORIE to a partner association, in the name and on behalf of the Seller.

7.4 KIDSTORIE does not refund any amount credited as a Purchase Voucher. The Purchase Voucher can only be used to purchase Products on the Site or donate to a partner association.

7.5 If a Purchase Voucher is not used within twelve months of its issue, KIDSTORIE is authorized to donate the amount of the Purchase Voucher to an association
partner.

Article 8 – Liability of KIDSTORIE in the event of damage within the KIDSTORIE warehouse or loss of a Product

8.1 In the event of loss of a Product within the KIDSTORIE warehouse, KIDSTORIE undertakes to pay the amount corresponding to 50% of the sale price displayed on the Site to the Seller.

Article 9 – Liability of KIDSTORIE in the event of damage within the KIDSTORIE warehouse

9.1 KIDSTORIE is insured against the risks of civil liability, theft, fire and water damage inside its warehouse.

9.2 In the event of destruction or irreversible damage to a product due to the occurrence of one or more of the risks mentioned above, KIDSTORIE will reimburse the Seller the amount actually reimbursed to it by the insurance company for each Product.

9.3 The amount owed by KIDSTORIE in the event of the occurrence of one of the risks mentioned above may in no way exceed the amount reimbursed or reimbursable by the insurance company.

Article 10 – Purchase of a Product

10.1 When a Buyer places an order, namely when he validates his shopping cart and proceeds to pay the sale price of the Product, he declares that he accepts these general conditions of sale without reservation or restriction.

10.2 To place an order, the Buyer must register and provide KIDSTORIE with their personal address, their home address and provide their bank details used for payment of the Product.

10.3 The Product is delivered upon receipt of payment of the sale price.

10.4 KIDSTORIE is entitled to refuse an order, for any reason whatsoever and without incurring any liability towards the Buyer, except, where applicable, to reimburse the sale price paid by the Buyer.

10.5 The sales contract is concluded upon written confirmation – by e-mail – from KIDSTORIE.

10.6 If for any reason KIDSTORIE is unable to deliver the Product ordered, KIDSTORIE shall have no liability other than to reimburse the Purchaser within 30 days of the order.

10.7 A maximum of 10 Products may be purchased per Buyer and per order, in order to ensure fairness and availability of our Products for the greatest number of our Customers.

Article 11 - Right of withdrawal and return

11.1 If the Buyer encounters a problem with size, color, defective product or simply has changed his mind, the Buyer has the right to withdraw
within 14 days following receipt of the Product.

11.2 When a Buyer wishes to cancel their order, they must send an email to hello@kidstorie.com
within the period mentioned in article 11.1 of these T&Cs.

11.3 To be eligible for return, the Product must be in the same condition in which it was received and with the Kidstorie tag attached.

Our customer service will inform you of the procedure to follow and the address to which to send the item.

11.4 The Buyer must take care of the Product until it is returned to KIDSTORIE.

11.5 Reimbursement of the purchase price will only take place after receipt and inspection of the condition of the Product.

11.6 If the Product is damaged or deteriorated, no refund will be made and the Product will be destroyed by KIDSTORIE or given to a partner association if the condition of the Product still allows it.

Article 12 – Final provisions

12.1 These T&Cs may be modified or amended at any time by KIDSTORIE.

12.2 The rights and obligations relating to these T&Cs may not be assigned or transferred by a Client.

12.2 In the event that any provision or article of these T&Cs becomes partially or totally inapplicable or is declared illegal, the other provisions or articles shall not be affected and shall continue to have full effect.

12.3 Unless otherwise provided in these T&Cs, correspondence between the parties is conducted by email. Pursuant to Articles 1316 et seq. of the French Civil Code, the Client declares that the information provided by email to KIDSTORIE is binding between the parties as long as no contradictory, authenticated and signed document challenging this computerized information is produced.

12.3 Any event beyond KIDSTORIE's control and against which it could not reasonably have protected itself constitutes a case of force majeure and as such suspends the obligations of the parties, such as, but not limited to: flood, fire, storm, lack of raw materials, transport strike, partial or total strike, government movement restrictions, technical failure (EDF, ERDF, telecommunications operators, Internet access or hosting providers, Registrars, etc.), a shutdown of energy supply (such as electricity), a failure of the electronic communications network on which KIDSTORIE depends and/or the networks that would replace it. KIDSTORIE cannot be held liable, or considered to have failed in its obligations set out in these T&Cs, for any non-performance linked to a case of force majeure.

12.4 The fact that one of the parties to these General Conditions has not required the application of any clause, whether permanently or temporarily, may in no case be considered as a waiver of the rights of this party arising from said clause.

12.5 For any questions or complaints, KIDSTORIE can be contacted by email at hello@kidstorie.com .

12.6 These General Terms and Conditions, the deposit and sale of the Product are subject to French law.

12.7 Any disputes, differences or claims arising out of or relating to these T&Cs, including those relating to the validity, invalidity, violation or performance of these T&Cs, shall be subject to the jurisdiction of the French courts.