Added to basket
GENERAL TERMS AND CONDITIONS OF SALE
Applicable on www.popote-bebe.fr and www.popote-bebe.com
(Updated on 14 September 2026)
ARTICLE 1 — Definitions
Customer(s): means any non-trading natural person placing Orders for Products on the POPOTE SAS Website for private use.
Subscriber(s): means any non-trading natural person who has taken out a subscription with POPOTE SAS in order to receive Products marketed by POPOTE SAS on a regular basis.
POPOTE SAS: means the Company that sells the Products covered by these General Terms and Conditions of Sale, a company registered with the Paris Trade and Companies Register under number 821 794 849. Its contact details are as follows:
● Contact email address: bonjour@popote-bb.fr
● Postal address: 30 avenue de Messine - 75008 Paris
Order: means any commitment by the Customer to purchase Products.
Product: means any Product marketed by POPOTE SAS.
Username: means the email address required to identify a Customer on POPOTE SAS's Website in order to access their account.
Password: means the sequence of characters that the Customer must keep secret and which, together with their Username, allows them to access their account.
Website: means, without distinction, the websites of POPOTE SAS accessible at the following URLs: https://www.popote-bebe.fr and https://www.popote-bebe.com.
These General Terms and Conditions of Sale apply to any Order placed by a Customer on either of these two Websites, regardless of the Customer's delivery country. The Customer is automatically directed to the Website and market corresponding to their delivery country.
Intellectual Property Rights: means the intellectual property rights owned by POPOTE SAS (trade marks, designs and models, patents, copyright).
Delivery(ies): means the transfer to the Customer of physical possession or physical handover of the Products.
Transport: means the conveyance of Products from the time the Products are made available at POPOTE SAS's warehouses until their Delivery to the Customer.
ARTICLE 2 — Scope of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply without restriction or reservation to all sales made by POPOTE SAS, a simplified joint-stock company with share capital of EUR 300,000, having its registered office at 30, avenue de Messine - 75008 Paris, registered with the Paris Trade and Companies Register under number 821 794 849 R.C.S. Paris, represented by its President, FINANCIERE MESSINE.
These General Terms and Conditions of Sale govern the contractual relationship between POPOTE SAS and its Customers for any purchase of Products made on the Website.
All documents, catalogues, advertisements, notices or brochures are provided for information purposes only and are not contractual. Under no circumstances may they replace the application of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale are accessible at any time on POPOTE SAS's Website and shall prevail, where applicable, over any other version or conflicting document.
POPOTE SAS reserves the right to adapt or amend these General Terms and Conditions of Sale at any time. In this case, POPOTE SAS will inform its Customers. The new General Terms and Conditions of Sale will apply only to sales made after the amendment. The General Terms and Conditions of Sale in force on the date of the Order shall apply to each Order.
The General Terms and Conditions of Sale are enforceable against Customers once they have been made known to them by any means whatsoever.
Each Customer acknowledges having been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and all necessary information before accepting the order.
ARTICLE 3 — Products sold
The Products covered by these General Terms and Conditions of Sale are baby foods, in particular POPOTE brand food pouches made from vegetables, fruit, proteins or starchy foods, as well as accessories and gift sets related to infant nutrition.
POPOTE SAS sells food pouches individually, in packs or in boxes of 20, 35 or 50 pouches. These boxes are available by subscription.
The essential characteristics of the Products and their price are indicated on the Product pages on the Website before any purchase by the Customer. The Customer is required to read them before placing any Order. The selection and purchase of Products are the sole responsibility of the Customer.
ARTICLE 4 — Orders and confirmation process
4.1 — Standard order and confirmation process
This Order and validation process applies only to standard Orders, excluding subscriptions.
Any Order placed by the Customer becomes binding and final when the Customer validates the Order. Thereafter, Orders may no longer be amended or cancelled.
Any Order automatically entails the Customers' acceptance of these General Terms and Conditions of Sale.
To place an Order on the Website:
● The Customer browses the Website and selects the Products of their choice. They can view their basket and modify its contents with a simple click.
● The Customer chooses a Delivery option and confirms the contents of their basket.
● If already registered, the Customer logs in using their Username and Password. Otherwise, they enter the information essential for processing and delivering their Order, in particular the Delivery address and billing address if different. They also provide an email address and Password to create a Customer account.
● The Order summary is updated according to the chosen Delivery method and the related additional costs, in particular Delivery costs.
● The Customer selects their preferred payment method from those offered by the Website.
The Customer accepts the General Terms and Conditions of Sale by ticking a box located near a hyperlink leading to said General Terms and Conditions of Sale before finally validating their Order.
The Order is deemed confirmed upon receipt of payment. It can therefore no longer be amended and/or cancelled.
The Order confirmation may be viewed directly online by the Customer and will be sent to the Customer by email to the email address provided by the Customer in the registration form. This Order confirmation will acknowledge receipt of the Order by POPOTE SAS.
The Customer will also have access to the Products covered by the Order by logging into their Customer account using their Username and Password.
4.2 — Orders and validation process where a Subscription is in place
Orders and the process for validating them where a Subscription is in place are detailed in the General Subscription Terms and Conditions, which the Customer must have read before taking out any Subscription.
ARTICLE 5 — Right of withdrawal
5.1 — Scope of the right of withdrawal
Customers have the right to withdraw without giving any reason and to return their Products within fourteen (14) clear days from the Product Delivery date. Return costs shall be borne by the Customer.
For Customers located in France and the European Union, this right is provided for by the applicable regulations (Article L.221-28 of the French Consumer Code or local equivalent). The right of withdrawal does not apply to Products likely to deteriorate or expire rapidly, or which have been unsealed by the Customer after Delivery for hygiene or health protection reasons.
For Customers located in Switzerland, Swiss law does not provide for a statutory obligation to allow withdrawal for distance sales. The above fourteen (14)-day period is granted by POPOTE SAS as a commercial policy, under the same conditions and limitations as for other Customers (return costs borne by the Customer, as indicated above).
5.2 — Exercise of the right of withdrawal
To exercise their right of withdrawal, the Customer must notify their intention to withdraw by means of an unambiguous statement expressing their decision to withdraw, by email to the following address: bonjour@popote-bb.fr.
The Customer must return the Product subject to withdrawal no later than fourteen (14) days after notifying their decision to withdraw, to the following postal address: POPOTE SAS, 30, avenue de Messine - 75008 Paris, by registered letter with acknowledgement of receipt.
The Product concerned must be returned to POPOTE SAS at the Customer's expense, in its original packaging and in perfect condition for resale (undamaged), accompanied by the sales invoice enabling the Customer to be identified.
Returned Products shall be refunded at the purchase price of the Products and Delivery charges, excluding additional costs related to returning the Products. This refund shall be made within fourteen (14) days of POPOTE SAS receiving the Customer's decision to withdraw, provided that the products have been received within that period. The refund shall be made using the same means of payment as that used by the Customer to place the Order.
ARTICLE 6 — Prices and payment terms
6.1 — Prices
The prices of Products sold are those in force on the day the Order is validated. These prices take into account any discounts granted by POPOTE SAS on the Website.
Prices are stated in euros (EUR), except for Orders delivered to Switzerland, for which prices are stated in Swiss francs (CHF).
Prices are fixed and non-revisable during their period of validity, with POPOTE SAS reserving the right, outside this period of validity, to amend the selling prices of the Products at any time. Any accepted price increase shall not affect Orders placed before the date on which the price increase takes effect. The price stated in the Order confirmation is the final price.
6.2 — Payment methods
The price is payable in cash, in full on the day the Customer places the Order, by secure payment method (bank card via Stripe or PayPal). Payment is taken immediately after the Order is confirmed.
Payment by bank card is irrevocable, except in the event of fraudulent use of the card. Any Order entails a prior obligation to pay. Payment data is exchanged in encrypted mode.
ARTICLE 7 — Deliveries
7.1 — Delivery arrangements
Deliveries are made in mainland France, Corsica, Belgium, Luxembourg, Germany, Italy, Spain, Portugal, Ireland, the Netherlands, Denmark and Switzerland, to the Delivery address provided by the Customer when placing their Order.
Delivery methods, Delivery restrictions and Delivery charges are indicated when placing the Order, before it is confirmed.
Delivery in France, Belgium and Luxembourg is free for purchases of €59 or more. Deliveries are made according to the Customer's choice and depending on the country: to a collection point or to the home address.
Delivery to Switzerland — customs allowance
Orders delivered to Switzerland are dispatched under the DAP Incoterm (Delivered At Place — delivered at the place of destination, duties and taxes unpaid). Prices displayed for Switzerland are in Swiss francs (CHF). Delivery to Switzerland is free, with no minimum spend. The minimum Order amount is CHF 59 and the maximum is capped at CHF 180 (including products and packaging). These caps and the systematic free delivery ensure that orders remain below the tax-free import threshold applicable in Switzerland: the Customer therefore pays no customs duties or Swiss VAT on import for these Orders. Above CHF 180, the Order cannot be confirmed as it stands on the Website.
7.2 — Delivery times
Once the Order has been validated, POPOTE SAS undertakes to process and dispatch it within 48 hours. Any Order placed before 12 noon on working days is processed and dispatched the same day, except in exceptional cases of high demand.
POPOTE SAS uses independent carriers to deliver the Order to the address provided by the Customer and therefore cannot commit to a Delivery time. The time communicated to the Customer is provided for information only and shall not give rise to damages, late payment penalties or cancellation of the Order. Delivery times may be extended in periods of high activity.
7.3 — Delivery delay
In the event of a Delivery delay, the Order shall not be automatically cancelled. A Delivery delay exceeding seven (7) working days from the latest Delivery date indicated, and not due to force majeure, entitles the Customer to cancel their Order by sending their request, together with their Order number, by email to bonjour@popote-bb.fr. The Customer will receive a refund of the total price of their Order within thirty (30) working days following cancellation, excluding any compensation.
7.4 — Delivery and conformity
Delivery is deemed to have been made when the carrier makes the Product available to the Customer. It is the Customer's responsibility to check the condition of the parcel and make any justified reservations, or refuse the parcel if it appears damaged or to have been opened.
ARTICLE 8 — Transfer of ownership - Transfer of risk
8.1 — Transfer of ownership
Ownership of the Products shall pass to the Customer upon confirmation of the order and full payment of the price, regardless of the delivery date of the said Products.
8.2 — Transfer of risk
POPOTE SAS generally bears the risks of Transport in relation to the Customer. Risks relating to the Products are borne by the Customer from the time they take physical possession of them. By exception, risks are borne by the Customer from handover to the carrier if the latter was chosen by the Customer outside the Delivery methods offered.
ARTICLE 9 — Statutory warranties
The Products sold on the Website comply with regulations in force in France and have performance compatible with non-professional use. POPOTE SAS guarantees the Customer that the Products conform to the descriptions, illustrations and descriptive information presented on the Website, as well as their quality and good condition.
For Customers located in France and the European Union, when acting under the legal guarantee of conformity, the Customer has a period of two (2) years from delivery of the Product in which to act; they may choose between repair or replacement of the Product, subject to the cost conditions set out in Article L.217-9 of the French Consumer Code. The Customer is not required to prove the existence of the lack of conformity during these two years. The Customer may also invoke the guarantee against hidden defects within the meaning of Article 1641 of the French Civil Code (termination of the sale or price reduction, Article 1644 of the French Civil Code).
For Customers located in Switzerland, the applicable warranties are those provided for under Swiss law, in particular Articles 197 et seq. of the Code of Obligations. POPOTE SAS undertakes to provide, at a minimum, the same service conditions (replacement, exchange or refund) as those described below for other Customers.
9.1 — Lack of conformity
The Products ordered must be fit for the purpose normally expected of similar goods, correspond to the description provided by POPOTE SAS and possess the qualities presented by it to the Customer (except for non-contractual visuals). POPOTE SAS undertakes either to replace the non-conforming Product with an identical Product, exchange it for a Product of equivalent price and quality, or reimburse the Customer, depending on stock availability.
9.2 — Hidden defects
A hidden defect is any concealed defect that renders the Product unfit for its intended use, or so diminishes that use that the Customer would not have purchased it, or would have paid a lower price for it, had they known of it. POPOTE SAS undertakes to refund all or part of the price of defective, damaged or deteriorated Products, or to exchange them, at the Customer's choice. This guarantee runs for two (2) years from the discovery of the defect.
9.3 — Implementation of guarantees and after-sales service
In the event of lack of conformity or hidden defects, the Customer must report this by email to bonjour@popote-bb.fr and send the Product to: POPOTE SAS, 30, avenue de Messine - 75008 Paris, accompanied by the sales invoice. The Customer may obtain a refund within thirty (30) days of receipt of the complaint. Initial delivery and return costs shall be reimbursed to the Customer (excluding additional costs related to a more expensive Delivery method chosen by the Customer).
ARTICLE 10 — Liability
Placing an Order online entails the Customer's knowledge and acceptance of the characteristics and limitations of the Internet. POPOTE SAS shall not be liable, in particular, for technical performance or malfunctions, response times, service interruptions due to Internet network limitations, or the lack of protection of certain data against misuse, intrusion or viruses.
The Customer is responsible for taking all appropriate measures to protect their own data, software and files. POPOTE SAS shall not be held liable for the non-receipt or receipt of incomplete, illegible or unprocessable data, nor in the event of unforeseen circumstances or force majeure.
ARTICLE 11 — Intellectual property
POPOTE SAS is the exclusive owner of all intellectual property rights relating to the Products and to the structure and content of the Website, unless otherwise stated. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence. The trade marks used on the Website are the property of POPOTE SAS.
ARTICLE 12 — Protection of personal data
For all processing of personal data, the Parties shall comply with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (“GDPR”).
For Customers located in Switzerland, the processing of their personal data also complies with the Swiss Federal Act on Data Protection (revised FADP), which provides for principles equivalent to those of the GDPR (lawfulness, minimisation, security, rights of access and rectification).
12.1 — Data collected and processed
The collection and processing of data comply with the principles of lawfulness, fairness and transparency, limited and specific purpose, minimisation, limited retention, and integrity and confidentiality. Processing is lawful only if the data subject has consented, if processing is necessary for the performance of a contract, compliance with a legal obligation, protection of vital interests, performance of a task carried out in the public interest, or for the purposes of legitimate interests pursued by the controller.
12.2 — Customer rights
Customers may update or delete their personal data, request its portability to another provider, or object to its processing.
ARTICLE 13 — Unforeseeability
In the event of a change in circumstances that was unforeseeable at the time the contract was concluded, in accordance with Article 1195 of the French Civil Code, the Party that has not agreed to assume the risk of excessively onerous performance may request that its co-contracting party renegotiate the contract.
ARTICLE 14 — Specific performance
In the event that either Party fails to fulfil its obligations, the Party affected by the failure shall have the right to seek specific performance of the obligations arising hereunder, following a simple formal notice sent by registered letter with acknowledgement of receipt that has remained unsuccessful.
ARTICLE 15 — Defence of non-performance
In accordance with Article 1219 of the French Civil Code, each Party may refuse to perform its obligation if the other Party fails to perform its own and if such non-performance is sufficiently serious. Suspension takes effect upon receipt of a notice of breach sent by registered letter with acknowledgement of receipt. If the impediment persists beyond thirty (30) days, these terms shall be terminated in accordance with the provisions of the “Termination” article.
ARTICLE 16 — Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of their obligations results from a force majeure event within the meaning of Article 1218 of the French Civil Code. If the impediment lasts more than thirty (30) days, these terms shall be terminated following formal notice. The order shall then be deemed cancelled.
ARTICLE 17 — Termination of the contract
In the event of sufficiently serious non-performance of an obligation, or failure by the Customer to comply with these General Terms and Conditions of Sale, POPOTE SAS reserves the right to terminate the contract eight (8) days after receipt of an unsuccessful formal notice sent by registered letter with acknowledgement of receipt.
ARTICLE 18 — Provisions common to cases of termination
In any event, the injured Party may seek damages in court.
ARTICLE 19 — Applicable law - Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law. They are drafted in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
The choice of applicable French law does not deprive the Customer, if they are a consumer residing in another country, of the protection afforded to them by the mandatory provisions of the law of their country of residence.
ARTICLE 20 — Partial invalidity
If one or more provisions hereof are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.
ARTICLE 21 — Pre-contractual information
21.1 — Customer acceptance
The act of an individual placing an order on the Website entails full and unconditional acceptance of these General Terms and Conditions of Sale, as expressly acknowledged by the Customer, who waives the right to rely on any conflicting document that would not be enforceable against the Company.
21.2 — Identification
https://www.popote-bebe.fr and https://www.popote-bebe.com refer to POPOTE SAS.
Registered office address: 30, avenue de Messine - 75008 Paris
Contact postal address: 30, avenue de Messine - 75008 Paris
Share capital: €300,000
RCS number: 821 794 849
Intra-Community VAT number: FR64821794849
ARTICLE 22 — Disputes
In the event of a dispute, in particular concerning the interpretation or performance of these general terms and conditions of sale, it is agreed that the Customer and POPOTE SAS will consult each other in order to reach an amicable agreement. For this purpose, POPOTE SAS provides a customer service department that can be contacted by email at bonjour@popote-bb.fr.
In the absence of a direct amicable agreement, or if no response is received within a reasonable period, Customers residing in France or the European Union may submit the dispute free of charge to an external mediator by sending their request for an amicable settlement to the mediation service of the Paris Mediation and Arbitration Centre (CMAP):
● Or via the form available at mediateur-conso.cmap.fr;
● Either by email to consommation@cmap.fr;
● Or by post to: CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris.
The CMAP mediation scheme described above is open to Customers covered by French or European Union consumer law. Swiss Customers seeking an amicable settlement are invited to contact POPOTE SAS customer service directly at bonjour@popote-bb.fr; failing agreement, the dispute falls within the jurisdiction of the courts in accordance with applicable private international law rules.
Failing an amicable settlement, any dispute or litigation relating to the interpretation and/or performance of these general terms and conditions of sale shall be brought, at the claimant's choice, before the court of the defendant's place of residence or the place of actual delivery of the Product.
GENERAL TERMS AND CONDITIONS OF SUBSCRIPTION
Subscriber(s): means any non-trading natural person who has taken out a subscription with POPOTE SAS in order to receive Products marketed by POPOTE SAS on a regular basis.
Subscription: means any agreement entered into between a non-trading natural person and POPOTE SAS for the purpose of regularly receiving Products sold by POPOTE SAS for a fixed price, with no commitment period.
POPOTE SAS: means the Company that sells the Products covered by these General Subscription Terms and Conditions, a company registered with the Paris Trade and Companies Register under number 821 794 849. Its contact details are as follows:
● Contact email address: bonjour@popote-bb.fr
● Postal address: 30, avenue de Messine - 75008 Paris
Order: means any commitment by the Customer to purchase Products.
Product: means any Product marketed by POPOTE SAS.
Username: means the email address required to identify a Customer on POPOTE SAS's Website in order to access their account.
Password: means the sequence of characters that the Customer must keep secret and which, together with their Username, allows them to access their account.
Website: means, without distinction, the POPOTE SAS websites accessible at the following URLs: https://www.popote-bebe.fr and https://www.popote-bebe.com.
Intellectual property rights: means the intellectual property rights held by POPOTE SAS (trade marks, designs and models, patents, copyright).
Delivery(ies): means the transfer to the Customer of physical possession or physical handover of the Products.
Transport: means the conveyance of Products from the time the Products are made available at POPOTE SAS's warehouses until their Delivery to the Customer.
ARTICLE 2 — Scope
POPOTE SAS is a company offering baby foods, in particular POPOTE brand food pouches made from vegetables, fruit, proteins or starchy foods, as well as accessories and gift sets related to infant nutrition.
These General Subscription Terms and Conditions apply without restriction or reservation to any Subscription taken out by a Customer with POPOTE SAS, a single-member simplified joint-stock company with share capital of €300,000, having its registered office at 30, avenue de Messine - 75008 Paris, registered with the Paris Trade and Companies Register under number 821 794 849 R.C.S. Paris.
These General Terms and Conditions of Subscription govern the relationship between subscribed Customers and POPOTE SAS for any Subscription taken out and purchase made on the Website as part of a Subscription. They also govern access to Subscriptions and Website content.
These General Terms and Conditions of Subscription are available on the Website and shall, where applicable, prevail over any other version or conflicting document. They supplement the General Terms and Conditions of Sale when taking out a Subscription.
All documents, catalogues, advertisements, notices or brochures are provided for information purposes only and are not contractual. Under no circumstances may they replace the application of the General Terms and Conditions of Sale and Subscription.
POPOTE SAS reserves the right to amend these General Terms and Conditions of Subscription at any time. In this case, POPOTE SAS shall inform its subscribed Customers. The new General Terms and Conditions of Subscription shall apply only to Subscriptions taken out after the amendment.
The General Terms and Conditions of Subscription are enforceable against subscribed Customers once they have been brought to their attention by any means whatsoever. Subscribed Customers are also required to comply with the General Terms and Conditions of Sale applicable to all Customers; these shall be brought to their attention at the same time as the General Terms and Conditions of Subscription in a single document.
All Subscription offers, related prices, technical characteristics of the Products and offers are permanently available on the Website via the “Subscription” tab, except in cases of force majeure, breakdown or maintenance operations.
Subscription contracts are presented to each subscribed Customer before they take out the Subscription. This contractual framework is binding on every subscribed Customer, without condition or reservation. Each subscribed Customer acknowledges having been provided, in a legible and comprehensible manner, with the General Terms and Conditions of Sale and Subscription and all necessary information before accepting the Order.
ARTICLE 3 — Products sold
The Products covered by these General Terms and Conditions of Subscription are boxes of POPOTE brand food pouches made from vegetables, fruit, proteins or starchy foods.
POPOTE SAS offers the following three boxes:
● The “A little” box of 20 pouches of your choice, priced at EUR 41.90 per month;
● The “Lots” box of 35 pouches of your choice, priced at €64.90 per month;
● The “Madly” box of 50 pouches of your choice, priced at €89.90 per month.
The Customer receives their box every month, made up of the pouches they have previously selected from those offered to them. The essential characteristics of the Products, offers, prices and Subscriptions are indicated in the description of each Subscription on the Website before any purchase and/or subscription. The choice and taking out of a Subscription are the sole responsibility of the subscribed Customer.
ARTICLE 4 — Taking out a Subscription
A Customer wishing to take out a Subscription must first have a Customer account on the Website. If they do not have a Customer account, they must create one.
The Customer accesses the Subscription via the “Subscription” tab. They complete a form in which they provide the essential information, namely:
● Title;
● First and last name;
● Email address;
● Postal address;
● Billing address if different from the postal address;
● Choice of Subscription.
The Customer accepts the General Terms and Conditions of Sale and Subscription by ticking a single box provided for this purpose, located near a hyperlink directly leading to said General Terms and Conditions of Sale and Subscription. The Customer submits their form and receives an email confirming their Subscription.
ARTICLE 5 — Order and confirmation process
The subscribed Customer clicks on the subscription they have previously taken out. They put together their box and choose the pouches of their choice from those offered on the Website.
The subscribed Customer adds the box they have put together to their basket. They may also add pouches purchased individually or in packs, outside the box, if they wish to purchase a pouch not sold as part of the Subscription. Their basket is then mixed, comprising pouches sold individually or in packs and a Subscription box.
The Subscriber Customer can view their basket and modify its contents with one click. They choose a Transport option and confirm the contents of their basket, then log in to their Subscriber account using their Username and Password. The Order summary is updated according to the chosen Delivery method. The Subscriber Customer chooses their payment method (bank card via Stripe or PayPal).
Before making payment, the Subscriber Customer must accept the General Terms and Conditions of Sale and Subscription by ticking a single box located near a hyperlink referring to said General Terms and Conditions of Sale and Subscription.
Any Order placed by the Subscriber becomes binding and final upon validation. Thereafter, Orders may no longer be amended or cancelled. The subscribed Customer must create and validate their Order each month. Except for the first subscription, payment will be made automatically upon validation of the Order each month, for payment methods that allow this.
The Order confirmation may be viewed directly online by the subscribed Customer and will be sent by email. The subscribed Customer will also have access to the Products covered by the monthly Order by logging into their account.
ARTICLE 6 — Prices and payment terms
6.1 — Prices
The prices of boxes sold are those in force on the day the Subscription is validated. These prices take into account any discounts granted by POPOTE SAS.
Prices are stated in euros (EUR). The Subscription is not currently available in Switzerland — see note at the end of the article.
Prices are fixed and non-revisable during their period of validity, with POPOTE SAS reserving the right to amend them outside that period. In the event of an increase in Subscription prices, Customers must be informed in advance; if a Customer does not agree, they may terminate their Subscription at any time. The price stated in the Order confirmation is the final price.
6.2 — Payment methods
The Subscription price is payable each month, and payment is taken immediately after confirmation of the composition of the monthly box. As long as the subscribed Customer does not confirm the Order, payment is not triggered. Payment is made by bank card (Stripe) or PayPal. Payment by bank card is irrevocable, except in the event of fraudulent use of the card. Bank details are exchanged in encrypted mode and retained via Stripe for the entire duration of the Subscription.
ARTICLE 7 — Deliveries
7.1 — Delivery arrangements
Deliveries are made in mainland France, Corsica, Belgium, Luxembourg, Germany, Italy, Spain, Portugal, Ireland, the Netherlands, Denmark and Switzerland, to the Delivery address provided by the subscribed Customer in the Subscription form.
The subscribed Customer may amend their information, in particular the Delivery address, at any time; the amendment shall be taken into account when the next monthly box is sent. Delivery methods and restrictions are indicated when placing the monthly Order, before it is confirmed. As part of a Subscription, Delivery is free of charge from POPOTE SAS, regardless of the total Order amount. Deliveries are made at the Subscriber's choice: to a collection point or to their home.
7.2 — Delivery times
Once the monthly box has been confirmed, POPOTE SAS undertakes to process and dispatch it within 48 hours. Any Order placed before 11 a.m. on working days is processed and dispatched on the same day, except in exceptional cases of high demand. POPOTE SAS provides a dispatch date and an estimated delivery timeframe; this timeframe is provided for information purposes only and shall not give rise to damages, late-payment penalties or cancellation of the Order. In accordance with Article L.216-1, paragraph 2, of the French Consumer Code, the maximum delivery period is thirty (30) days from the Order date.
7.3 — Delivery delay
In the event of a Delivery delay, the Order shall not be automatically cancelled. A delay exceeding seven (7) working days, not due to force majeure, entitles the Customer to cancel their Order via the contact form available in the personal area of their account. The Customer will receive a refund of the total price within thirty (30) working days following cancellation, excluding any compensation.
7.4 — Delivery and conformity of Products
Delivery is deemed to have been completed as soon as the carrier makes the Product available to the Subscriber Customer. It is the Subscriber Customer's responsibility to check the condition of the parcel and make any justified reservations, or refuse the parcel if it appears damaged or to have been opened. The Subscriber Customer shall send their reservations to the carrier by registered letter with acknowledgement of receipt within four (4) working days following Delivery.
ARTICLE 8 — Right of withdrawal
8.1 — Scope of the right of withdrawal
Subscriber Customers have the right to withdraw without giving any reason and return their Products within fourteen (14) clear days from the Delivery date. Return costs shall be borne by the Subscriber Customer. In accordance with Article L.221-28 of the French Consumer Code, Products likely to deteriorate or expire rapidly, or unsealed after Delivery for hygiene or health protection reasons, are not subject to the right of withdrawal.
8.2 — Exercise of the right of withdrawal
To exercise their right of withdrawal, the subscribed Customer must notify their intention by email to bonjour@popote-bb.fr, then return the Product no later than fourteen (14) days to: POPOTE SAS, 30, avenue de Messine - 75008 Paris, by registered letter with acknowledgement of receipt. The Product must be returned in its original packaging, in perfect condition for resale, together with the sales invoice.
Returned Products will be refunded for the purchase price and Delivery costs, excluding additional costs related to the return. This refund will be made within fourteen (14) days from the day on which POPOTE SAS was informed of the decision to withdraw, provided that the Products have been received within this period. The refund will be made using the same payment method as that used for the Order.
ARTICLE 9 — Statutory warranties
When acting under the legal guarantee of conformity, the subscribed Customer has a period of two (2) years from delivery of the Product in which to act; they may choose between repair or replacement of the Product, subject to the cost conditions set out in Article L.217-9 of the French Consumer Code. The subscribed Customer is not required to prove the existence of the lack of conformity during these two years. This guarantee applies independently of any commercial guarantee that may be granted.
The Subscriber Customer may also invoke the warranty against hidden defects within the meaning of Article 1641 of the French Civil Code (cancellation of the sale or price reduction, Article 1644 of the French Civil Code).
In the event of a lack of conformity or hidden defects, the subscribed Customer must notify this by email to bonjour@popote-bb.fr and send the Product to: POPOTE SAS, 30, avenue de Messine - 75008 Paris, together with the sales invoice. The subscribed Customer may obtain a refund within thirty (30) days following receipt of the complaint. Initial delivery and return costs will be refunded (excluding additional costs related to a more expensive Delivery method chosen by the Customer).
ARTICLE 10 — Liability
Taking out a Subscription and placing Orders online implies that the subscribed Customer is aware of and accepts the characteristics and limitations of the Internet. POPOTE SAS shall not be held liable, in particular, for technical performance or malfunctions, response times, service interruptions due to Internet network limitations, or the lack of protection of certain data against misuse, intrusion or viruses.
It is the subscribed Customer's responsibility to take all appropriate measures to protect their own data, programs and files. POPOTE SAS shall not be held liable for failure to receive, or receipt of incomplete, illegible or unprocessable data, nor in the event of an unforeseen event or force majeure.
ARTICLE 11 — Intellectual Property
POPOTE SAS is the exclusive owner of all intellectual property rights relating to the Products and to the structure and content of the Website, unless otherwise stated. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence. The trade marks used on the Website are the property of POPOTE SAS.
ARTICLE 12 — Protection of Personal Data
For all processing of personal data, the Parties shall comply with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (“GDPR”).
12.1 — Data collected and processed
The collection and processing of data comply with the principles of lawfulness, fairness and transparency, limited and specific purpose, minimisation, limited retention, and integrity and confidentiality. Processing is lawful only if the data subject has consented, if processing is necessary for the performance of a contract, compliance with a legal obligation, protection of vital interests, performance of a task carried out in the public interest, or for the purposes of legitimate interests pursued by the controller.
12.2 — Customer rights
Subscribed Customers may update or delete their personal data, request its portability to another provider, or object to its processing.
ARTICLE 13 — Subscription commitment
The Subscription offered by POPOTE SAS is non-binding; the subscribed Customer may suspend or terminate their Subscription at any time without justification or notice, provided that POPOTE SAS is informed of the suspension or termination before the next payment date.
13.1 — Suspension of the Subscription by the Subscriber
The subscribed Customer may suspend their Subscription at any time without justification or notice, provided that the suspension takes place before the next monthly payment is charged. No suspension fee is payable. The subscribed Customer may resume their Subscription at any time or postpone a payment date. They must inform POPOTE SAS via the contact form in their personal area.
13.2 — Termination of the Subscription by the Subscriber
The subscribed Customer may decide to terminate their Subscription at any time, free of charge, via the form provided in their personal area. In accordance with Article L.121-84-2 of the French Consumer Code, termination will take effect within ten (10) days of receipt of the email. Termination does not result in a refund of the current monthly payment.
13.3 — Suspension - Termination of the Subscription by the Company
POPOTE SAS reserves the right to suspend and/or terminate the Subscription if it finds that the subscribed Customer has failed to fulfil their obligations or comply with the General Terms and Conditions of Sale or Subscription. This termination shall take effect within eight (8) days following an unsuccessful formal notice. No penalty shall apply, and termination shall not result in a refund of the current monthly payment.
ARTICLE 14 — Applicable law - Language
These General Subscription Terms and Conditions are governed by and subject to French law and are drafted in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 15 — Partial invalidity
If one or more provisions hereof are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.
ARTICLE 16 — Pre-contractual information
16.1 — Acceptance by the subscribed Customer
The act of an individual placing an order on the Website entails full and unconditional acceptance of the General Terms and Conditions of Sale and Subscription, as expressly acknowledged by the subscribed Customer, who waives the right to rely on any conflicting document that would not be enforceable against the Company.
16.2 — Identification
https://www.popote-bebe.fr and https://www.popote-bebe.com refer to POPOTE SAS.
Registered office address: 30, avenue de Messine - 75008 Paris
Contact postal address: 30, avenue de Messine - 75008 Paris
Share capital: €300,000
RCS number: 821 794 849
Intra-Community VAT number: FR64821794849
ARTICLE 17 — Disputes
In the event of a dispute, in particular concerning the interpretation or performance of these general terms and conditions, it is agreed that the subscribed Customer and POPOTE SAS will consult each other in order to reach an amicable agreement. For this purpose, POPOTE SAS provides a customer service department that can be contacted by email at bonjour@popote-bb.fr.
Failing a direct amicable agreement, or in the absence of a response within a reasonable period, the subscribed Customer may submit the dispute free of charge to an external mediator by sending their request for an amicable settlement to the mediation service of the Paris Mediation and Arbitration Centre (CMAP):
● Or via the form available at mediateur-conso.cmap.fr;
● Either by email to consommation@cmap.fr;
● Or by post to: CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 Paris.
This mediation scheme is open to subscribed Customers covered by French or European Union consumer law. A Swiss subscribed Customer seeking an amicable settlement is invited to contact customer service directly at bonjour@popote-bb.fr; failing agreement, the dispute falls within the jurisdiction of the courts in accordance with applicable private international law rules.
Failing an amicable settlement, any dispute or litigation shall be brought, at the claimant's choice, before the court of the defendant's place of residence or the place of actual delivery of the Product.
APPENDIX 1
WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from an order placed on the POPOTE SAS Website, subject to exclusions or limitations on the exercise of the right of withdrawal under the applicable General Terms and Conditions of Sale and, where applicable, General Terms and Conditions of Subscription.
For the attention of POPOTE SAS, registered with the Trade and Companies Register under number 821 794 849 R.C.S. Paris, whose registered office is located at 30, avenue de Messine - 75008 Paris.
The form must be sent to the following address: POPOTE SAS, 30, avenue de Messine - 75008 Paris.
I hereby notify you of my withdrawal from the contract relating to the order for the services below:
● Order of dd/mm/yyyy
● Order number: .........................................................
● Customer name: ..............................................................................
● Customer address: .........................................................................