These General Conditions of Sale apply to registration and orders placed on www.artandtoys.com
Information concerning the operation of the websites
The www.artandtoys.com site is edited and operated by the company K.Olin tribu, a public limited company under French law with a share capital of 5000 EUR, whose registered office is located at Le Rateau, 87130 MASLEON, France, registered in the Register of commerce and companies of Limoges under the SIRET number 522 548 858 00037.
Publication directors / Legal representatives: Mr Matthieu Dutheil
Intra-community VAT number: FR01522548858
The website https://www.artandtoys.com is hosted by:
MonArobase, La Vincendière, 28330 Les Étilleux
Such. : 09 72 21 22 90 .
Customer service contact details
Telephone: +33 (0)6 30 86 74 97
Monday to Friday, 9:30 a.m. to 6:00 p.m.
In our relations with our clients, we always seek appropriate and flexible solutions, even when it comes to legal issues. In case of difficulty, please contact our customer service. If an amicable solution could not be found, you would of course retain all of your rights. You will find below all the contractual terms and our general conditions of sale. If you wish to save or print this document or your order data, please refer to article 1.5 of these General Conditions of Sale.
1 MAIN PROVISIONS
1.1 These general conditions of sale, in their version in force at the time of the order (hereinafter GTC), apply to all orders placed by any person (hereinafter "you") on the site https:/ /www.artandtoys.com (the "Site") from the company K.OLin tribu (hereinafter "we"). Validation of your order implies your acceptance of the current General Terms and Conditions.
All our deliveries, services and offers are exclusively governed by these General Terms and Conditions, unless expressly agreed otherwise in writing. We oppose any general or specific conditions contrary to or derogating from these conditions.
1.2 A consumer means, within the meaning of these GCS, any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
1.3 The term "working day" within the meaning of these GCS means all days of the week with the exception of Saturdays, Sundays and public holidays.
1.4 In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when you click on the "Buy now" button, after having viewed the details of it, and in particular its total price, and having had the possibility of correcting possible errors.
1.5 You can print or save this document using the function of your Internet browser (usually “File” then “Save as”). You can also download and archive this document in PDF format by clicking here. Adobe Reader software (available free at www.adobe.fr) or another program compatible with the PDF format is required to read the PDF file.
2 REGISTRATION CONDITIONS
2.1 You can create a customer account to place an order on the Site. In this case, when registering, you agree to provide accurate and complete information. The username and password allowing access to the Site are confidential and must not be disclosed to third parties. After clicking on the “register for free” button, you will receive confirmation of your registration by email.
2.2 You can also order as a guest. In this case, you must provide information relating to your identity and your contact details with each order.
2.3 You agree to refrain from disrupting the website www.artandtoys.com and from any use, beyond a simple online consultation, of the data appearing on this site. Any illicit manipulation with a view to obtaining undue payments or other advantages to our detriment or that of other members of the ArtAndToys site notably entails the loss of the right of access to your customer account.
2.4 Each customer can only open one customer account. We reserve the right to delete without notice all multiple registrations and to give formal notice to the customers concerned, to terminate their registration or to erase or modify without notice the data which contravenes the stipulations of articles 2.1 to 2.5.
2.5 Registration on our site is free and carries no obligation to purchase. You can cancel your customer account at any time. It is possible to delete your customer account by sending an e-mail with your request to firstname.lastname@example.org.
3 ORDER METHODS
3.1 The main characteristics of the products and/or the service are indicated on the page of the article concerned as well as in the additional information mentioned on this same page.
3.2 You can place the selected item(s) in the shopping cart. You can modify the contents of your basket at any time. Once your selection is complete, you fill out an order form with your details, payment method and delivery method chosen. To complete your order you must click on the "Validate my order" button, you will then be redirected to a page summarizing the conditions of your order. To complete your order you must click on the "Pay my order" button, your order becomes firm and final. Any order placed implies your acceptance of the prices and descriptions of the products that you have placed in the basket.
3.3 We will acknowledge receipt of your order by means of a written order confirmation via e-mail.
3.4 The ordering process as well as the transmission of all information relating to your orders is carried out electronically and by email. You must therefore ensure that the email address you provided when ordering or creating your customer account is correct. We also invite you to check that the communications we send to you are not blocked by your spam filter.
3.5 Your order data is stored in our system. We offer each customer access to their customer account, protected by a password (click on “my account”). Once your customer account has been created, you can find out about orders placed, in progress or recently dispatched and manage and save information about you (delivery address, billing address, etc.) and subscribe to or subscribe to our newsletter. unsubscribe. You undertake to keep the access data to your customer account confidential and in particular not to disclose them to third parties.
3.6 You can also place an order as a guest. In this case, you will have to provide with each order, in particular, information relating to your identity as well as your contact details.
3.7 We reserve the right to adapt or modify these General Terms and Conditions at any time and without notice. In this case, the adaptations or modifications will be applicable to all orders made from the publication of the modified GTC on the site on which you will make your purchase.
3.8 On the site www.artandtoys.com contracts are concluded exclusively in French. Minors can only place an order with the authorization of their legal representatives.
3.9 Product offers are valid as long as they are visible on the ArtAndTOys.com website. In the event of cancellation of the order, the sums that you have already paid (except the delivery costs if the order has left our premises) will be refunded to you within thirty (30) days following the cancellation of the order. .
4 PRICES AND PAYMENT METHODS
4.1 The prices indicated on the Site as well as the shipping costs constitute the total price. They contain all price components, including all applicable taxes.
4.2 Shipping costs are not included in the purchase price. You can find out about shipping costs by visiting the page on our Site relating to delivery methods. Shipping costs are also mentioned on the page of the item in question and before final validation of your order. Shipping costs are your responsibility except in cases where delivery is free (see article 4 below).
4.3 Unless expressly agreed otherwise in writing, the price is payable in cash, in full on the day the order is placed. The seller is not required to deliver the products ordered by you if the price has not been paid to him in full beforehand. Unless otherwise stipulated, the seller grants no discount.
4.4 We reserve the right to modify the prices at any time, but the products will in any case be invoiced on the basis of the prices in force at the time the order is placed. The price indicated in our order confirmation is the final price expressed in Euros, all taxes included at the legal rate in force. It includes delivery costs.
4.5 The means of payment made available to you are indicated on a page of our Site or on the page of the article in question before the order.
For deliveries in France, we provide you with the following payment methods:
- Payment by credit card
- Payment by PayPal
4.6. If an overdue payment is not made within three (3) weeks following the sending of the order confirmation despite one or more e-mail reminders (the first of which is generally sent six days after the order), we are in right to automatically declare the unilateral termination of the contract and thus cancel the order. In the event of termination of the contract, we are no longer obliged to deliver the ordered goods; no rights will arise from the contract for either party. This means that the items ordered will be reserved for you for a maximum period of seventeen (17) days from the order.
5 DELIVERY CONDITIONS
5.1 Delivery conditions
5.1.1 The delivery conditions, the delivery date and any restrictions relating to delivery are available on a page on our Site or on the page of the article in question before the order.
5.1.2 The Seller delivers anywhere in the world.
5.1.3 The ordered products will be sent to the address you indicate during the ordering process. We are not responsible for delivery delays caused by you providing an incorrect or incomplete address.
5.1.4 When the seller is prevented from performing the contract by a case of force majeure or a fortuitous event as defined by French case law or by a foreign cause, in particular a fault attributable to you, the delivery period is extended. automatically depending on the duration of the impediment. We will inform you by e-mail of the occurrence and termination of such impediments. If the impediment lasts more than four (4) weeks, each party will have the right to terminate the contract as of right, without you being able to claim compensation from us.
5.1.5 If you are a consumer, the transfer of risk occurs when the products are delivered to the delivery address you have provided or when the package is collected from the carrier. If you are a professional, the transfer of risks occurs at the time of shipment of the goods by us.
5.2 Shipping costs (VAT included)
5.2.1 Delivery costs are free for the purchase of print from 0 € of purchase for France, 76 € TTC for the rest of Europe and 100 € for the World (except during a reduction period on the site ).
5.3 Delivery times
5.3.1 The delivery time varies depending on the production time of the item ordered. A large majority of products are created on demand, so we recommend that you check the delivery information available on the product page of each item.
We undertake to deliver the goods ordered on the www.artandtoys.com site within the time limit, expressed in working days, which will be displayed in the summary of your order as well as in the order confirmation e-mail. The delivery time begins upon receipt of your payment. In the event of payment by bank transfer, the delivery time begins from the day of receipt of the payment due. If the delivery deadline is exceeded, not justified by a case of force majeure, you can, according to article L 138-2 of the Consumer Code, terminate the contract by registered letter with acknowledgment of receipt or by a writing on another durable medium, if, after having ordered us, under the same terms, to make delivery within a reasonable additional period, we have not performed within this period. You can also obtain a refund of amounts already paid.
Please note that no items will be delivered on Sundays and public holidays.
5.3.2 If you have ordered items with different delivery times, it is possible that some of the items will be delivered separately. When you receive your order, it is therefore possible that it will be incomplete while waiting for the rest of the delivery.
6 RIGHT OF WITHDRAWAL
6.1 Right of withdrawal
In accordance with the provisions of Article L. 121-21 of the Consumer Code, you as a consumer have a period of 14 days to exercise your right of withdrawal without giving any reason. You can exercise your right of withdrawal from the day of receipt of the goods. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good. In the case of an order for several products delivered separately, the withdrawal period runs from the receipt of the last product. An amount of 5€ TTC will be deducted from you at the time of reimbursement of the amount of the order for the costs of processing and checking the package upon its return.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail, here is a standard letter ) by Postal to the address ArtAndTOYs.com by K.Olin tribu, Le Rateau, 87130 MASLEON, FRANCE. by telephone at +33 (0)630867497 or by e-mail at email@example.com.
For the withdrawal period to be respected, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.
6.2 Effects of withdrawal
In the event of withdrawal by you from this contract, we will refund all payments received from you except delivery costs , without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you expressly agree to a different means; in any case, this reimbursement will not incur any costs for you.
You must return or return the goods to "ArtAndTOYs.com by K.Olin tribu, Le Rateau, 87130 MASLEON, FRANCE" without undue delay and, in any event, no later than fourteen days after you have communicated your request to us. decision to withdraw from this contract. This deadline is deemed to be respected if you return the goods before the expiry of the fourteen day period. We do not cover the costs of returning the goods . Your liability is only incurred with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property. In addition, an amount of €5 including tax will be deducted from you when the order amount is reimbursed for the costs of processing and checking the package upon its return.
6.3 Exceptions to the right of withdrawal
In accordance with the provisions of article L. 121-21-8 of the Consumer Code, we inform you that the right of withdrawal cannot be exercised for orders for the supply of goods made to your specifications or clearly personalized.
In accordance with article L. 612-1 of the Consumer Code, you can use the MEDICYS mediation service free of charge:
or by post: MEDICYS – 73, Boulevard de Clichy 75009 Paris
7 DISCOUNT COUPONS, GIFT CARDS AND PROMOTIONAL CAMPAIGNS
The provisions of this article apply only to discount coupons distributed free of charge. Gift cards are subject to the provisions of article 7.2 of these General Terms and Conditions.
7.1.1 ArtAndTOys.com may distribute discount coupons entitling you to a reduction in the price of a purchase, either in absolute value or in percentage. Discount coupons can be used on all products present on the shop, unless otherwise specified in the campaign accompanying the coupon or on the coupon itself. Each discount coupon specifies the minimum purchase amount, the online store in which the coupon can be used and the expiration date of the coupon. Certain products and categories may be excluded from the benefit of discount coupons. In the case of a reduction in absolute value, the total price of the order must reach at least the value offered by the coupon, unless otherwise indicated when issuing the reduction coupon. Discount coupons are provided in the form of a one-time use code. Unless otherwise stated, the code expires once used.
7.1.2 The credit represented by the reduction coupon does not bear interest, cannot be reimbursed and is not transferable to third parties. If ArtAndTOys.com becomes aware of a transfer of a discount coupon to a third party, ArtAndTOys.com reserves the right to declare the coupon in question invalid.
7.1.3 It is not possible to use multiple discount coupons for a single order.
7.1.4 The difference between the amount of the reduction coupon and the value of your order can be settled by any payment method offered on the site.
7.1.5 In the event of total or partial return of the goods, the portion of the price paid by reduction coupon is not refunded.
7.1.6 If you used a discount coupon during your purchase, we reserve the right to charge you the original price of the goods in the event that, due to a withdrawal, the total amount of the order was less than the value of the corresponding discount coupon.
7.1.7 If the conditions of use of the discount coupon state that only new users can benefit from the discount, the coupon will only be valid if the user opens a customer account for the first time with ArtAndTOys.com.
7.1.3 Codes are not valid on the latest releases.
7.2 Conditions of use for gift vouchers
The provisions of this article only apply to gift cards purchased from us. Discount coupons are subject to the provisions of article 7.1 of these General Terms and Conditions.
7.2.1 Gift cards can only be used for purchases on the website www.ArtAndTOys.com.
7.2.2 Gift cards cannot be used to purchase other gift cards.
7.2.3 The credit materialized by the gift cards does not bear interest and cannot be refunded.
7.2.4 The purchase of a gift voucher can only be canceled as long as it has not yet been used. A gift voucher is considered to have been used when it has been cashed, either during an order or to credit its value to a customer account.
7.2.5 You can pay any difference between the amount of the gift voucher and the value of your order by any payment method offered on the site.
7.2.6 It is not possible to use several gift cards per order. It is also not possible to combine a gift card with a discount coupon per order.
7.2.7 You can only use your gift card once. If the total amount on your gift card is not spent in a single order, you must send an email to firstname.lastname@example.org and customer service will send you a new gift card for the remaining amount.
7.2.8 ArtAndTOys.com incurs no liability in the event of loss, theft or illegibility of gift vouchers, nor in the event of errors in the email address of the recipient of the gift card.
7.2.9 Gift cards are transferable. It is prohibited to duplicate, edit or manipulate gift cards.
7.2.10 In the event of fraud, attempted deception or suspicion of illegal activities in connection with an order paid for by means of a gift card, we reserve the right to close the corresponding customer accounts and/or to request the payment by a different payment method. In this case, the customer concerned will not be able to claim the unblocking of his account, nor the reimbursement of the credit of the gift voucher(s) concerned.
7.3 Promotional campaigns
The following conditions apply to any competition, contest or campaign (hereinafter referred to as a "Promotional Campaign") organized by ArtAndTOys.com
7.3.1 The winners or beneficiaries are selected from all the people who participated in the promotional campaign and who have fulfilled all the conditions stipulated by ArtAndTOys.com. The winners or beneficiaries are informed by ArtAndTOys.com via the email address provided during registration. If the email contains a stipulation that the winner or beneficiary is required to contact ArtAndTOys.com within a certain period of time in order to accept the prize, the right to the prize will expire once this period of time has passed if the winner or beneficiary has failed to establish this contact.
7.3.2 Prizes or rewards offered during a promotional campaign cannot be exchanged or refunded.
7.3.3 Participants in a promotional campaign agree that, in the event of a victory, their name may be mentioned on the ArtAndTOys.com site as well as on other ArtAndTOys.com services as well as in press releases during a reasonable delay.
7.3.4 ArtAndTOys.com reserves the right to exclude participants from a promotional campaign if they have manipulated the competition or the promotion mechanisms using unfair means or in violation of these T&Cs. At its own discretion, ArtAndTOys.com may close the customer account of the perpetrators of the manipulation.
7.3.5 ArtAndTOys.com reserves the right to cancel a promotional campaign for legitimate reasons and with reasonable notice or to extend its duration.
8 LEGAL GUARANTEE
8.1. In accordance with applicable regulations, we are liable for defects of conformity under the conditions of article L. 211-4 of the Consumer Code and for hidden defects under the conditions provided for in articles 1641 et seq. of the Civil Code for the products ordered on the site.
You have a period of two years from the delivery of the product to act as a legal guarantee of conformity. When implementing the legal guarantee of conformity you can choose between repair or replacement of the product, subject to the cost conditions provided for by article L.211-9 of the Consumer Code. In accordance with this article, we may refuse to grant your choice if this choice results in a cost that is manifestly disproportionate to the other choice taking into account the value of the product or the importance of the defect.
You are also exempt from providing proof of the existence of a lack of conformity occurring within the first six months from delivery. This period is extended to 24 months from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee.
You can also decide to implement the guarantee against hidden defects within the meaning of article 1641 of the Civil Code. In this case, you can choose between canceling the sale or reducing the price in accordance with the provisions of article 1644 of the Civil Code.
We thank you for immediately checking whether the products are complete or show obvious defects or damage which could be due to transport or delivery. In case of damage, we invite you to inform us of any complaint as soon as possible. The lack of information has no effect on your legal rights in terms of warranty and/or withdrawal.
8.2. The satisfaction of our customers is important to us. You can contact us at any time using the customer services contact details above. We will review your request as soon as possible and will contact you after receipt of the documents and/or your request or complaint. Processing complaints may take some time, as it often involves the need to contact our production and/or delivery partners. You can facilitate the processing of your complaint by describing the problem as accurately as possible, and by sending us a copy of the invoice or by providing us with the order references (order number, customer reference, etc.). If there is no response from us within five (5) working days, we invite you to contact us again. Indeed, it may happen that certain e-mails are blocked by the anti-spam filter of our computer system.
We cannot guarantee that data communication via the Internet takes place error-free and/or is available at all times. We do not offer any guarantee of permanent and uninterrupted availability of the Site.
10 LANGUAGE OF THE CONTRACT, CONSERVATION OF CONTRACTS
10.1 On the Site, contracts are exclusively concluded in French.
10.2 You have the possibility to consult these T&Cs at any time on the Site. You can print or save this document. You can also archive the contractual conditions of your order by downloading the General Terms and Conditions and saving either the summary of your order using your browser or the order confirmation email which is sent to you automatically after your order. purchase to the e-mail address that you have given us.
10.3 This order confirmation contains the references of your order as well as a copy of the GCS applicable to the order. The order confirmation can be saved or printed using the corresponding function of your email.
12 APPLICABLE LAW / COMPETENT JURISDICTION
12.1 These T&Cs are governed by French law. Any dispute relating to these T&Cs will be submitted to the competent French courts.
12.2 In contractual relations with our professional clients, the courts within the jurisdiction of our head office (Limoges, France) have exclusive jurisdiction. However, we reserve the right to sue the professional client before the courts of its registered office.
13 INTELLECTUAL PROPERTY
13.1 The site www.ArtAndTOys.com is an intellectual work protected by law. Their content, including texts, illustrations, photographs, presentations and databases are strictly reserved under copyright as well as industrial property.
13.2 This content may not be copied, disseminated, used or reused in any way without the prior consent of the corresponding owners. This applies in particular to any copy made with the help of a web crawler or any other automatic mechanism. Any use or modification of these services for purposes for which they were not intended is strictly prohibited. In particular, the copying or downloading of content, offers, directions, databases etc. is prohibited. for commercial use, and will be subject to legal action for civil and criminal fault within the framework of the existing legal options.
14 SAFEGUARD CLAUSE
If one of the provisions of these GCS was or became null or unenforceable, the validity of the other provisions would not be affected. The void or unenforceable provision would then be replaced by the applicable legal provisions.
Art And Toys is a selling partner of the Cocote marketplace and is registered with Lemon Way, payment institution approved by the APCR in France on 24/12/2012 under number 16568