Terms and Conditions of Sale

ARTICLE 1: INTRODUCTION

Premiers Moments, a simplified joint-stock company (SAS) with share capital of €30,000, registered with the Paris Trade and Companies Register (RCS) under no. B 832 852 487, with intra-Community VAT number FR45832852487, whose registered office is at 10 rue de Penthièvre, 75008 Paris (hereinafter “Premiers Moments”), operates the website www.premiersmoments.com (hereinafter the “Site”), which sells nursery products (hereinafter “the Service”).

Premiers Moments is registered in the National Register of companies placing furniture items on the market under number FR033457_10037N. This number guarantees that Premiers Moments, as a member of Éco-mobilier, complies with its regulatory obligations under article L541–10–6 of the French Environmental Code.

These Terms and Conditions are written in French. They may be translated into other languages for ease of reading; in the event of any difference in interpretation, the French version alone shall prevail.

ARTICLE 2: PURPOSE AND SCOPE OF THE T&Cs

These Terms and Conditions of Sale (“T&Cs”) apply as soon as the Customer accesses the online Shop www.premiersmoments.com or places an order to buy one or more products presented on the Site.

Customers are required to fully accept these T&Cs for any use of the Services by ticking the box “I have read and accept the terms and conditions” when placing their order.

Customers who do not agree to be bound by these T&Cs must not browse the Site or use its Services.

These T&Cs can be accessed and printed at any time via a direct link at the bottom of the Site's pages and shall prevail, where applicable, over any other version or any other conflicting document.

Premiers Moments may amend these T&Cs at any time, whenever it deems appropriate. Customers will be informed of any amendment by the publication of the updated T&Cs on the Site. The amended T&Cs will take effect from their publication on the Site. Continued use of the Service following such publication will constitute acceptance of the new version.

Customers are therefore advised to read these T&Cs very carefully and to regularly consult the updated T&Cs on the Site.

Unless proven otherwise, the data recorded in the Site's computer system constitutes proof of all transactions concluded with Customers.

The Customer may be required to accept the Terms of Use of the website responsible for the Site's secure online payment service.

In this case, the Customer must accept the Terms of Use of that website without reservation before making any online payment; otherwise, the service must not be taken out.

ARTICLE 3: GENERAL PRESENTATION OF THE SERVICE

The Site's business is the online sale of nursery products for newborns and new parents.

ARTICLE 4: DESCRIPTION OF THE PRODUCTS

A description of each product is given on its product page.

ARTICLE 5: PRICES AND PAYMENT TERMS

5.1 Prices

Simply browsing the Site is free and does not require registration.

Prices of Products and Services are inclusive of all taxes (TTC) for any Customer browsing the Site from a member country of the European Union, and exclusive of taxes (HT) for any customer browsing the Site from a country outside the European Union.

Product prices are shown on their product page.

5.2 Purchase Process

To confirm the order, the Customer must provide the following information:

– Surname and First Name

– Postal address

– Email address

– Phone number

5.3 Payment terms for a Purchase

Payment of the Purchase Price can be made online by bank card (VISA, MASTERCARD) issued in the European Union or Switzerland, or by any other means offered on the Site at the time of Purchase.

Accordingly, before making any payment, the Customer may be required to accept the General Terms of Use of the website responsible for the Site’s secure online payment service, by ticking the corresponding box.

The Customer warrants to Premiers Moments that they hold the necessary authorisations to use the chosen payment method.

Shopping Basket

The Customer must select the desired Products so that they appear in their shopping basket (hereinafter: the ‘Shopping Basket’).

The Shopping Basket is automatically updated in real time according to the Products selected, in order to show the total price of the order (hereinafter: the ‘Purchase Price’).

After checking the contents of the Shopping Basket and the Purchase Price, the Customer confirms the Shopping Basket, which allows them to proceed to payment.

Order confirmation

Once payment has been made, the Customer receives an email containing the order confirmation at the email address provided during payment.

General provisions
Discounts and revision of the amount of Fees

Premiers Moments reserves the right, at its sole discretion and on terms of which it shall be the sole judge, to offer discounts and promotional offers.

The amounts of the applicable Fees may be revised by Premiers Moments at any time and with immediate effect, at its sole discretion.

Set-off

The Customer expressly agrees that all obligations to pay sums of money arising between themselves and Premiers Moments, which are not disputed as to their due date and amount, shall be set off against each other automatically and without formality, whether or not the conditions for legal set-off are met. Premiers Moments will send the Customer an invoice to their email address after each set-off transaction.

Right of withdrawal

In accordance with Articles L 224-99 and R224-4 of the French Consumer Code, the consumer Customer has a period of fourteen (14) days from receipt of the ordered Product(s) to exercise their Right of withdrawal.

The Customer is not required to give reasons for exercising their Right of withdrawal, nor to pay any penalties in this respect.

To be valid, the right of withdrawal must be exercised by means of an unambiguous statement setting out the decision to withdraw.

The Customer may exercise their right of withdrawal online, free of charge and without having to create an account, on the page https://premiersmoments.com/retour, accessible at any time via the “Exercise my right of withdrawal” link at the bottom of every page of the Site, in their “My account” area and in the order e-mails. After entering their surname, first name, order number and e-mail address, and, where applicable, the items concerned, the Customer confirms their request by clicking the “Confirm withdrawal” button. Premiers Moments then sends them, without delay and by e-mail, an acknowledgement of receipt setting out the content of their request and the date and time it was received.

The Customer may also exercise this right by any other unambiguous statement sent by email to contact@premiersmoments.com.

In accordance with the provisions of the French Consumer Code, and in particular Articles L224-59 et seq., the consumer does not benefit from a right of withdrawal for a purchase made at a fair or trade show.

ARTICLE 6: Retention of title to the Products

The Customer is expressly informed and agrees that Premiers Moments remains the owner of the Products they have purchased until the full Purchase Price for them has been received in full by Premiers Moments.

In the event of non-payment of all or part of the Purchase Price, Premiers Moments will retain ownership of the unpaid Products.

ARTICLE 7: Delivery

Premiers Moments undertakes to deliver the products to the Customer in accordance with their order.

The delivery times for the Products are shown on the Site for information purposes. They are confirmed definitively when the Customer validates the Order, before proceeding to payment.

The Customer is informed that Premiers Moments allows itself the time necessary between the confirmation of the purchase and the dispatch of the ordered products.

The cost of delivery for the Products is shown on the Site at the step preceding the confirmation of the order.

Premiers Moments delivers the Products to Metropolitan France, Belgium and Luxembourg, as well as to all other member states of the European Union and to Switzerland.

Delivery is made, as the Customer chooses:
– by post to the delivery address provided by the Customer when ordering
– or, where the Site offers this option, to one of the pick-up points selected by the Customer when ordering.

If the carrier was unable to make the delivery due to an incomplete or incorrect address and the parcel is returned to us, a re-delivery fee will be charged (€6.90 incl. VAT in Metropolitan France, variable rate outside Metropolitan France) as well as a handling fee of €3.90 incl. VAT.

ARTICLE 8: Returns and refunds

The Customer may return to Premiers Moments Products purchased exclusively on the Site and delivered, in accordance with the procedure set out on the Site, by filling in the form provided for this purpose within fourteen (14) days of receipt of the ordered Products: https://premiersmoments.com/retour

Products must be returned by the Customer, at Premiers Moments’ expense if the total order amount exceeds €49 and the order was delivered in mainland France, and at the Customer’s expense otherwise.
Products must be returned in good condition:
– textile items must not have been washed or worn and should ideally be returned in their original packaging. If the original packaging is missing, a repackaging fee of €1.5 per missing package may be charged.
– all other items must be returned in their original packaging with seals intact.

Failing this, the non-compliant Products will be sent back to the Customer entirely at their own expense, which the Customer expressly accepts.

The Customer expressly acknowledges and agrees that Premiers Moments shall be the sole judge of whether the returned Products are compliant.

Premiers Moments allows itself the time necessary to inspect the returned products and process the refund. Premiers Moments will then contact the Customer by email to inform them of the refund arrangements.

If the returns procedure is not followed, handling and/or re-delivery fees may be deducted from the customer’s refund. In particular, a search fee of €2 may be applied if there is no return slip inside the parcel.

Should the Customer wish to obtain a partial refund of a ‘Newborn Set’ or ‘Pack’ type Bundle by returning only some of the items it contains: the discount applied to the bundle can no longer apply. The items kept will be charged at their individual price and the refund for the returned items will take these adjustments into account.

Should the Customer wish to obtain a partial refund of an order whose remaining total would not have qualified for free delivery, the delivery charges will automatically be deducted from the refund for the returned items.

Where payment has been made in full or in part with a Premiers Moments Gift Card or Gift Voucher, or one from our partner brands, it cannot be refunded in cash, by cheque or by bank card. Purchases made with a Gift Card or Gift Voucher will be refunded exclusively in the form of a Premiers Moments Gift Card for the same amount as that paid in this form.

ARTICLE 9: Customers' obligations

Without prejudice to the other obligations set out in these T&Cs, the Customer undertakes to comply with the following obligations.

The Customer undertakes to pay in full the price of the Products ordered.
In using the Services, the Customer undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
The Customer acknowledges having read on the Site the features and constraints, in particular technical ones, of all the Services. They are solely responsible for their use of the Services.
The Customer undertakes to use the Services for strictly personal purposes. They therefore shall not assign, grant or transfer all or part of their rights or obligations hereunder to a third party, in any manner whatsoever.
The Customer undertakes to use the Services for strictly personal purposes. They therefore shall not assign, grant or transfer all or part of their rights or obligations hereunder to a third party, in any manner whatsoever.
The Customer undertakes to provide Premiers Moments with all the information necessary for the proper performance of the Services. More generally, the Customer undertakes to cooperate actively with Premiers Moments with a view to the proper performance hereof.
The Customer is informed and accepts that using the Services requires an internet connection and that the quality of the Services depends directly on this connection, for which they are solely responsible.
The Site and the Services are accessible to any natural or legal person with full legal capacity to commit under these general terms and conditions. Accordingly, Customers who are natural persons undertake to be adults, i.e. to be at least 18 years old.

Accordingly, under these T&Cs, the following conduct is strictly prohibited.

It is strictly forbidden to use the Services for the following purposes:

carrying out illegal or fraudulent activities, or activities that infringe the rights or safety of third parties,
breaching public order or violating the laws and regulations in force,
intruding into a third party’s computer system or any activity likely to harm, control, interfere with or intercept all or part of a third party’s computer system, or to violate its integrity or security,
sending unsolicited emails and/or commercial prospecting or solicitation,
manipulation intended to improve the search engine ranking of a third-party site,
aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
and more generally any practice that diverts the Services for purposes other than those for which they were designed.

Customers are strictly forbidden to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the Premiers Moments Site, in accordance with article article 18 hereof.

Also strictly prohibited are: (i) any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into the systems of Premiers Moments, (iii) any misuse of the Site’s system resources, (iv) any action likely to place a disproportionate load on its infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to infringe the financial, commercial or moral rights and interests of Premiers Moments or of the users of its Site, and finally, more generally, (vii) any breach of these general terms and conditions.
It is strictly forbidden to monetise, sell or grant all or part of the access to the Services or the Site, or to the information hosted and/or shared on them.

ARTICLE 10: Obligations and warranties of Premiers Moments

Premiers Moments undertakes to provide the Services in accordance with these T&Cs.

In particular, Premiers Moments undertakes to deliver Products that match the features shown on their Product page.

Premiers Moments undertakes to provide the Services diligently and in accordance with best practice, it being specified that it is bound by an obligation of means and not by any obligation of result, which customers expressly acknowledge and accept.

Premiers Moments undertakes to take out all insurance covering its liability in relation to the transport of the Products, on the minimum basis of their price according to the Quotation at the date and time of the loss.

10.1 Cancellation of a Purchase due to an obvious and gross error

Neither Premiers Moments nor customers may take advantage of an obvious and gross error in the Purchase price of the Products on the Site.

Premiers Moments reserves the right to cancel Purchases of Products whose Purchase Price is affected by an obvious and gross error.

Premiers Moments will inform the customer by any means if a Purchase is cancelled.

The customer will be refunded any sums paid for the Purchase or the Sale within 24 (twenty-four) hours, in accordance with the procedure set out on the Site.

10.2 Legal guarantee of conformity

All our Products benefit from the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code. It lasts two years from delivery and costs the customer nothing.

This guarantee covers defects that existed at the time of delivery, for example a Product that does not match its description or does not work properly. A defect that appears within two years of delivery is deemed to have existed at the time of delivery.

In the event of a defect, the customer may request the repair or replacement of the Product. If the requested solution is impossible or much more costly than the other, Premiers Moments may offer the other solution.

The customer may request a price reduction or a refund for the Product (by returning it) in the following cases: repair and replacement are impossible, they are not carried out within thirty days, they do not resolve the problem, or the defect is serious. A refund is not possible for a minor defect.

To use this guarantee, simply contact us promptly, describing the problem and attaching proof of purchase (invoice, order confirmation or bank statement).

This legal guarantee is in addition to any commercial guarantee that may be offered by Premiers Moments or by the manufacturer.

The European notice on the legal guarantee of conformity (Implementing Regulation (EU) 2025/1960) can be viewed and downloaded here: Notice on the legal guarantee of conformity (PDF).

ARTICLE 11: Limitation of liability

Premiers Moments accepts no liability for any delay by the carrier responsible for delivering the products.

Premiers Moments undertakes to carry out regular checks to verify that the Site is working and accessible.

Accordingly, Premiers Moments reserves the right to interrupt access to the Site temporarily for maintenance reasons.

Premiers Moments does not guarantee to Customers (i) that the Services, which are subject to constant research in order to improve, in particular, their performance and progress, will be entirely free of errors, flaws or defects, (ii) that the Services, being standard and in no way offered solely for a given customer according to their own personal constraints, will specifically meet their needs and expectations.

Nor is Premiers Moments responsible for the incorrect configuration of the customer’s computer equipment. It is up to each customer to ensure that their equipment is properly configured and working.

In any event, any liability that may be incurred by Premiers Moments hereunder is expressly limited solely to proven direct damage suffered by the customer.

Premiers Moments gives no guarantee as to the operation and availability of access to the Service in the event of force majeure or fortuitous events as defined by the regulations in force.

The following are expressly considered, in particular but not exclusively, as cases of force majeure or fortuitous events, in addition to those usually recognised by the Law and the case law of the French courts: exceptional bad weather, total or partial strikes, internal or external to the company, lock-outs, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, natural disasters, lightning, attacks, damage caused by viruses which the security measures available on the market cannot eradicate, as well as any legal or regulatory obligation or public order requirement imposed by the competent authorities which would have the effect of substantially modifying these general terms and conditions, computer breakdowns, blockage of telecommunications including the P.T.T. network, any failure of the public telecommunications network, losses of Internet connectivity due to public or private operators, any problem related to the User’s modem or computer system or web browser, interconnections of telephone networks and/or any other transport or telecommunications infrastructure used by the user, failure of the public electricity distribution network and any other event beyond the express control of the parties preventing the normal performance of the Service.

The Parties agree that a case of force majeure shall suspend contractual obligations from the time the Party affected provides proof of the force majeure event until it ends.

The suspended obligations will be performed again as soon as the effects of the force majeure event have ceased.

However, if the force majeure event persists for more than 30 (thirty) days, the Contract of sale may, at the Parties’ choice, either be terminated, without any compensation for either Party, or postponed until the effects of the force majeure event have ended.

ARTICLE 12: Intellectual property of Premiers Moments

All the content of the Site, including in particular the systems, software, structures, infrastructure, databases and content of any kind (logos, trademarks, texts, images, visuals, music, logos, trademarks, database, etc.) is the full and exclusive property of Premiers Moments and is protected by French and international intellectual property laws.

PREMIERS MOMENTS is a registered trademark owned by PREMIERS MOMENTS.

Any total or partial reproduction of this content, any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation or distribution and any use of any of these elements, in whole or in part, by any means whatsoever and on any medium whatsoever, without the authorisation of Premiers Moments is strictly prohibited and may give rise to legal proceedings for infringement, with the sole exception of the right to reproduce for storage for the purposes of representation as a backup copy or a single paper printout, provided that the integrity of the documents is respected. Any other use is subject to the prior express authorisation of Premiers Moments.

These General Terms and Conditions do not entail any assignment of intellectual property rights of any kind over the elements belonging to Premiers Moments for the benefit of the Customer.

The Customer has only a personal and non-exclusive right to use the Site.

ARTICLE 13: NULLITY AND INEFFECTIVENESS OF CLAUSES

The nullity or unenforceability of any one of the clauses of these T&Cs, if it does not significantly undermine the contractual balance, shall affect only the clause concerned and shall not result in the cancellation of these T&Cs.

The Customer undertakes to read carefully the content of this document, which includes the General Terms and Conditions of Sale of the Service, and expressly and unreservedly accepts all the rules and obligations set out therein.

ARTICLE 14: NO WAIVER:

The fact that either of the Parties does not act under these T&Cs does not constitute a waiver of the right to act, unless expressly waived in writing.

- ARTICLE 15: APPLICABLE LAW – DISPUTES / MEDIATION – LANGUAGE

The conclusion, interpretation and validity of these T&Cs and of all contracts arising from them and their consequences are governed by the French Law and Regulations in force, to the exclusion of any other legislation, whatever the nationality of the customer, for both substantive and formal rules.

Handling of complaints: For any complaint, you can contact customer service by email at contact@premiersmoments.com or by phone on +33 (0)9 72 50 38 51, Monday to Friday, 9:30 to 17:30

Consumer dispute mediation: In accordance with the provisions of the French Consumer Code on the amicable settlement of disputes, Premiers Moments is a member of the Mediator Service of the Centre de Médiation de la Consommation de Conciliateurs de Justice, whose contact details are as follows: 14 rue Saint Jean – 75017 Paris – https://www.cm2c.net/
You can use the mediation service for consumer disputes relating to an order placed online with Premiers Moments.

In accordance with the rules applicable to mediation, any consumer dispute must first be submitted in writing to the Premiers Moments Consumer Service (10 rue de Penthièvre, 75008 Paris)

Once consumers have first contacted Premiers Moments in writing, the Mediator Service may be approached regarding any consumer dispute that has not been resolved.

Furthermore, pursuant to Regulation No. 524/2013 on online dispute resolution for consumer disputes, the Customer is informed that any dispute arising from these general terms and conditions may be brought before the online dispute resolution platform, accessible via the following link: http://ec.europa.eu/consumers/odr/.

By express agreement, in the absence of an amicable agreement between the parties and if negotiations fail, the parties shall regain their full freedom, and their dispute or claim relating in particular, but not exclusively, to the formation, interpretation, performance or non-performance or termination hereof, notwithstanding multiple defendants or third-party claims, even for interim, summary or ex parte proceedings, shall be brought before the competent court.

In the event of any difficulty of interpretation, the French-language version of these T&Cs shall prevail over any other version translated into another language.

These general terms and conditions came into force on 14 March 2018 and were updated on 25 April 2022.

General Terms of Use for Gift Cards

ARTICLE 1: PURPOSE

These terms govern the conditions of use of Premiers Moments Gift Cards (physical or digital) issued and distributed by Premiers Moments (together and interchangeably the ‘Card’), by any natural person holding a Card (the ‘Beneficiary’) wishing to place an order on the website www.premiersmoments.com using the Card.

Article 2: Purchase of the Card and acceptance of the General Terms and Conditions

The Card can be purchased on the Website under the conditions described in the General Terms and Conditions of Sale.

The General Terms and Conditions of Sale can be viewed on the Website.

The General Terms and Conditions of Sale are deemed to have been accepted by the Beneficiary at the time the Card is purchased.

Article 3: Validity of the Card

The Card is valid for twelve (12) months from its activation date.

The Card is activated on the day it is purchased on the Website.

At the end of the validity period, the Card can no longer be used. Any remaining balance on the Card will then be lost. Furthermore, the Card will be neither renewed nor exchanged.

Article 4: Use of the Card

The Card may only be used by a natural person of legal age.

The Card is not a credit card. It can be used as a means of payment, in one or more instalments, during its period of validity, solely to pay for an order placed on the Website and up to the amount loaded onto it.

If the balance on the Card is not sufficient to cover the amount of the order, the Beneficiary may pay the difference using another payment method (see General Terms and Conditions of Sale).

To check the balance of the Card, the Beneficiary can go to their customer account on the Website or contact Premiers Moments Customer Service.

If all or part of an order paid for in full or in part with the Card is returned, the refund will be made to the Card, which will automatically be re-credited with the amount of the returned item, up to the sum originally paid by this same means of payment. It is important that the Beneficiary keeps the Card (the physical Card or the digital Card received by email containing the Card number and validation code) during the withdrawal period. If the Card has expired at the time of the refund, the refund will be made in the form of a voucher valid on products sold and shipped by Premiers Moments.

The Card may not be exchanged, transferred or resold, and may not be redeemed for cash.

If there are any difficulties using the Card (in particular if it does not work), the Beneficiary must contact Premiers Moments Customer Service

Article 5: Loss and theft of the Card

The Beneficiary is responsible for the Card they purchase. However, a request to block lost or stolen Cards may be made, provided that the Card is still valid.

Sums already used before the Card is blocked cannot be refunded.

Article 6: Complaints

Transactions recorded by Premiers Moments' computer systems constitute proof of the transactions actually carried out using the Card.

If the balance of the Card is disputed following its use, the Beneficiary may send a complaint to Premiers Moments Customer Service.

Article 7: Validity and amendments of the General Terms and Conditions

The General Terms and Conditions of Sale apply from the purchase of the Card and remain valid until the balance is used up or the Card’s expiry date.

Any amendments to the General Terms and Conditions of Sale shall not be enforceable.

Article 8: Applicable law

The General Terms and Conditions of Sale are governed by French law. In the event of a dispute, the competent court shall be that of the defendant's place of residence.

These General Terms of Use for Gift Cards came into force on 22 November 2021.