Terms of Use

 

Welcome to the Petit Mioche website, operated by Petit Mioche, LLC a California Limited Liability Company (“Petit Mioche”). These Terms of Use govern the use of the Petit Mioche Website. When using or accessing the Petit Mioche Website, you are agreeing to be bound to the terms within this Privacy Policy and the Terms of Use policy. This policy may refer to users as “you” or “user” and may refer to Petit Mioche as “us,” “we,” or “our.”  If you do not agree to the terms within this Privacy Policy and the corresponding Terms of Use, do not access or use the Petit Mioche Website. 

RIGHT TO CHANGE WEBSITE CONTENT

The Website will be updated as product offerings change, or as the communication needs or desires of Petit Mioche develop. Petit Mioche makes no guarantees that content provided through the website will remain available to the public through the Website. Petit Mioche may also update or alter the layout, designs, or links within the Website.

LINKS TO THIRD PARTY WEBSITE

Petit Mioche may link to third party websites through the Website or promotional emails. Petit Mioche makes no guarantees that the websites featured on these links provide accurate or complete content. Links provided through the website or promotional emails do not create an endorsement relationship or an affiliation with Petit Mioche. Petit Mioche reserves the right to remove these third party links at any time from the Website. Please review the terms of use or privacy policies of these websites for rights and restrictions.

RIGHT TO REFUSE OR LIMIT ORDERS

All purchases through this Website are subject to product availability. Petit Mioche may, in its sole discretion, limit or cancel the quantities offered on its website or limit the sales of products or services to any person, household, geographic region or jurisdiction. To limit quantities, Petit Mioche may track sales to specific mailing addresses or credit cards. If a product does not ship, but you have provided a method of payment, any charges made through that payment method will be reimbursed for the unshipped items.

USE OF PETIT MIOCHE’S INTELLECTUAL PROPERTY

Unless otherwise noted, the Website, and all materials on the Website including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Petit Mioche and other trademarks appearing on the Website are the trademarks of Petit Mioche or its affiliates, including the represented designers or companies of the products being offered.

The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.

COLOR & PRODUCT DESCRIPTION LIMITATIONS

Although Petit Mioche strives to provide you with accurate information regarding our products, the photos of the products are examples of the ones being sent to you and may not be photos of the exact products being sent, and therefore slight variations may occur.  Additionally, the colors depicted on your screen may not accurately reflect the actual colors of the products due to variations in color settings on computers or mobile devices.

LIMITATION OF LIABILITY

The Petit Mioche website is intended for personal use.  You agree to defend, indemnify and hold harmless Petit Mioche and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of the Terms of Use or Privacy Policy (Agreements), including without limitation your breach of any of the representations and warranties you make in these Agreements; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation. 

ANY PRODUCT YOU RECEIVE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND EXPECT HAS EXPRESSED BUT NOT IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PETIT MIOCHE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBITE IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

DELIVERED CONFIDENTIAL INFORMATION BY USER

Except for information necessary to place an order, join a mailing list, or ask questions regarding the products, Petit Mioche discourages users from sending any confidential or proprietary information through this Website. Any information, materials, suggestions, ideas or comments sent to Petit Mioche will be considered non-confidential, and by submitting it, you are giving Petit Mioche the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.

COMMENTS & FEEDBACK

In compliance with your rights under California Civil Code 1789.3, you have the right to contact Petit Mioche with any complaints or to seek additional information. You may email Petit Mioche at hello@petitmioche.com. You may also call 917.680.2251. For any physical documents, you may send mail to: 14223 McAdams Creek Rd, Fort Jones, CA 96032.

If California users have any questions or complaints about Petit Mioche they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

WAIVERS

The waiver of any provision of the Terms of Use shall not be considered a waiver of any other provision or of Petit Mioche’s right to require strict observance of each remaining term. If any provision or section of the Terms of Use is found to be unenforceable or invalid for any reason, that provision or section shall be severable, and all other provisions shall remain in full force and effect. This Terms of Use and Privacy Policy constitutes the entire agreement between Petit Mioche relating to your use of the Website.

ARBITRATION

By visiting the Website you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Petit Mioche, except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights, unless both parties agree in writing to seek mediation services prior to arbitration. You acknowledge and agree that you and Petit Mioche are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Petit Mioche otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. 

ARBITRATION RULES AND GOVERNING LAW

Arbitration and mediation shall take place in Fort Jones, California, using California law. 

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.