General Conditions of Sale (GCS)

These General Conditions of Sale apply to registration and orders made on www.artandtoys.com

Information regarding the operation of the websites

The website www.artandtoys.com is published and operated by the company FDV, a public limited company under French law with a share capital of EUR 5,000, whose head office is located at Le Rateau, 87130 MASLEON, France, registered in the Limoges Trade and Companies Register under 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:
SHOPIFY, 126 York St. Ottawa, ON K1N 5T5, CANADA
assistance@shopify.com
1-613-241-2828

Customer service contact details

Telephone: +33 (0)9.74.98.37.43

Monday to Friday, 9:30 a.m. to 6:00 p.m.
Email: contact@artandtoys.com

In our dealings with our customers, we always seek suitable and flexible solutions, even when it comes to legal issues. In case of difficulty, please contact our customer service. If an amicable solution cannot be found, you will of course retain all your rights. You will find below all the contractual terms and conditions as well as our general terms and 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 Terms and Conditions of Sale.

1 MAIN PROVISIONS

1.1 These general terms and 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") with the company K.OLin tribu by FDV (hereinafter "we"). Validation of your order implies your acceptance of the current GTC.
All our deliveries, services and offers are exclusively governed by these General Terms and Conditions, unless expressly agreed otherwise in writing. We object to any general or specific conditions that are contrary to or deviate from these conditions.

1.2 A consumer, within the meaning of these General Terms and Conditions, means any natural person who acts for purposes which are outside his or her commercial, industrial, craft or professional activity.

1.3 The term “working day” within the meaning of these T&Cs 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 the contract, and in particular its total price, and having had the opportunity to correct any 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 of charge at www.adobe.com) or another program compatible with PDF format is required to read the PDF file.

2 CONDITIONS OF REGISTRATION

2.1 You can create a customer account to place an order on the Site. In this case, when you register, 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 e-mail.

2.2 You can also place an order as a guest. In this case, you will need to provide your identity and contact details with each order.

2.3 You agree to refrain from disrupting the website www.artandtoys.com and from any use, beyond 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 results in the loss of the right of access to your customer account.

2.4 Each customer may only open one customer account. We reserve the right to delete any multiple registrations without notice and to serve notice on the customers concerned, to terminate their registration or to delete or modify without notice any data that contravenes the provisions of Articles 2.1 to 2.5.

2.5 Registration on our site is free and does not entail any 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 contact@artandtoys.com.

3 ORDERING TERMS

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 shopping cart at any time. Once your selection is complete, you fill out an order form with your contact details, the chosen payment method and delivery method. 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 for my order" button, your order becomes firm and final. Any placing of an order constitutes acceptance on your part of the prices and descriptions of the products that you have placed in the shopping cart.

3.3 We will acknowledge receipt of your order by sending you a written order confirmation via email.

3.4 The ordering process and 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 placing your order or creating your customer account is correct. We also invite you to check that the communications we send 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 shipped and manage and save information about you (delivery address, billing address, etc.) and subscribe to our newsletter or unsubscribe from it. You agree to keep your customer account access data 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 need to provide your identity and contact details with each order.

3.7 We reserve the right to adapt or modify these T&Cs at any time and without notice. In this case, the adaptations or modifications will be applicable to all orders placed from the publication of the modified T&Cs on the site on which you make your purchase.

3.8 On the website www.artandtoys.com, contracts are concluded exclusively in French. Minors may only place orders 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 you have already paid (except delivery costs if the order left us) will be refunded to you within thirty (30) days following the cancellation of the order.

4 PRICES AND PAYMENT METHODS

Price

4.1 The prices indicated on the Site as well as the shipping costs constitute the total price. They contain all components of the price, including all taxes payable.

4.2 Shipping costs are not included in the purchase price. You can find out about shipping costs by visiting the page of our Site relating to delivery terms. 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 otherwise expressly agreed 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 in full in advance. Unless otherwise stipulated, the seller does not grant any discount.

4.4 We reserve the right to change prices at any time, but the products will in any event be invoiced on the basis of the rates 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.

Payment

4.5 The means of payment made available to you are indicated on a page of our Site or on the page of the item in question before ordering.
For deliveries in France, we provide you with the following payment methods:
- Payment by credit card, ALMA for payment in several installments
- Payment by PayPal



4.6. If a due payment is not made within three (3) weeks of sending the order confirmation despite one or more reminders by e-mail (the first of which is usually sent six days after the order), we are entitled to 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.

Payment in installments with Alma.
If you pay for your order in several installments, you accept Alma's general customer conditions as well as Alma's special conditions for ArtAndToys customers .

5 DELIVERY CONDITIONS

5.1 Delivery conditions

5.1.1 The delivery conditions, delivery date and any restrictions relating to delivery are available on a page of our Site or on the page of the item in question before ordering.

5.1.2 The Seller delivers worldwide.

5.1.3 The ordered products will be sent to the address you provided during the ordering process. We are not responsible for delays in delivery 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 an unforeseeable event as defined by French case law or by an external cause, in particular a fault attributable to you, the delivery period is automatically extended according to the duration of the impediment. We will inform you by e-mail of the occurrence and end of such impediments. If the impediment lasts more than four (4) weeks, each party will have the right to terminate the contract automatically, without you being able to claim compensation from us.

5.1.5 If you are a consumer, the transfer of risk occurs at the time of delivery of the products to the delivery address you provided or at the time of collection of the package from the carrier. If you are a professional, the transfer of risk occurs at the time of dispatch of the goods by us.

5.2 Shipping costs (VAT included)

5.2.1 Delivery costs are free for the purchase of prints from 70 € of purchase for France, 150 € including tax for the rest of Europe and 700 € for the World (except during a reduction period on the site).

5.3 Delivery times

5.3.1 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 website www.artandtoys.com within the time period, expressed in working days, which will be displayed in the summary of your order as well as in the order confirmation email. The delivery period starts from the receipt of your payment. In the event of payment by bank transfer, the delivery period begins to run from the day of receipt of the payment due. In the event of exceeding the delivery deadline, not justified by a case of force majeure, you may, according to Article L 138-2 of the Consumer Code, terminate the contract by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having ordered us, according to the same terms, to make the delivery within a reasonable additional period, we have not complied within this period. Furthermore, you can obtain a refund of the sums 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 have a period of 14 days as a consumer 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% of the total amount of the order (with a minimum of €5) 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 post to the address ArtAndTOYs.com by K.Olin tribu, Le Rateau, 87130 MASLEON, FRANCE. by telephone on +33 (0)9.74.98.37.43 or by e-mail to the address contact@artandtoys.com.

In order to meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

6.2 Effects of withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, except the costs of delivery , without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement.
You must return or hand over the goods to "ArtAndTOYs.com by K.Olin tribu, Le Rateau, 87130 MASLEON, FRANCE" without undue delay and, in any event, not later than fourteen days after you have communicated your decision to withdraw from this contract to us. This deadline is deemed to have been met if you return the goods before the expiry of the period of fourteen days. We will not bear the costs of returning the goods . You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods.

In addition, an amount of 5% of the total amount of the order (with a minimum of €5) will be deducted from you at the time of reimbursement 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.

MEDIA COVERAGE

In accordance with Article L. 612-1 of the Consumer Code, you can use the MEDICYS mediation service to which we belong free of charge:
electronically: medicys-consommation.fr,
or by post: MEDICYS – 73, Boulevard de Clichy 75009 Paris

7 DISCOUNT COUPONS, GIFT CARDS AND PROMOTIONAL CAMPAIGNS

7.1 Conditions of use for discount coupons

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 T&Cs.

7.1.1 ArtAndTOys.com may distribute discount coupons that entitle 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 coupon's validity period. 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 discount coupon. Discount coupons are provided in the form of a single-use code. Unless otherwise indicated, the code expires once used.

7.1.2 The credit materialized by the discount coupon does not produce interest, cannot be refunded 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 discount coupon and the value of your order can be settled by any means of payment offered on the site.

7.1.5 In the event of a total or partial return of the goods, the fraction of the price paid by discount coupon is not refunded.

7.1.6 If you have used a discount coupon when making 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 stipulate 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 at ArtAndTOys.com.

7.1.3 Codes are not valid on latest releases.

7.2 Conditions of use for gift vouchers

The provisions of this article apply only to gift cards purchased from us. Discount coupons are subject to the provisions of article 7.1 of these T&Cs.

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 produce interest and cannot be reimbursed.

7.2.4 The purchase of a gift voucher may only be cancelled if it has not yet been used. A gift voucher is considered to have been used when it has been cashed, either on the occasion of 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 means of payment offered on the site.

7.2.6 It is not possible to use multiple 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 contact@artandtoys.com and customer service will send you a new gift card for the remaining amount.

7.2.8 ArtAndTOys.com assumes no liability for loss, theft or illegibility of gift vouchers, nor for errors in the email address of the recipient of the gift card.

7.2.9 Gift Cards are transferable. Gift Cards may not be duplicated, edited or manipulated.

7.2.10 In the event of fraud, attempted deception or suspicion of illegal activities in connection with an order paid for using a gift card, we reserve the right to close the corresponding customer accounts and/or request 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 terms and 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 among all persons who participated in the promotional campaign and who 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 make 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 accept that, in the event of a victory, their name may be mentioned on the ArtAndTOys.com website as well as on other ArtAndTOys.com services as well as in press releases for a reasonable period of time.

7.3.4 ArtAndTOys.com reserves the right to exclude participants from a promotional campaign if they have manipulated the competition or the promotional 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 products ordered on the Site.
You have a period of two years from the delivery of the product to act under the 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 in Article L.211-9 of the Consumer Code. In accordance with this article, we may refuse to comply with your choice if this choice entails a cost that is clearly disproportionate compared to the other choice, taking into account the value of the product or the significance 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 its delivery. This period is extended to 24 months from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee.
You may also decide to implement the warranty against hidden defects within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction in the price in accordance with the provisions of Article 1644 of the Civil Code.
We thank you for checking without delay whether the products are complete or show visible defects or damage that could be due to transport or delivery. In the event of damage, we invite you to inform us of any complaints as soon as possible. Failure to provide information has no effect on your legal rights regarding guarantees and/or withdrawal.

8.2. The satisfaction of our customers is important to us. You can contact us at any time using the customer service contact details listed above. We will review your request as soon as possible and contact you after receiving the documents and/or your request or complaint. Processing complaints may take some time, as it often involves contacting 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 we do not respond within five (5) working days, we invite you to contact us again. Indeed, it may happen that some emails are blocked by the spam filter of our computer system.

9 RESPONSIBILITY

We cannot guarantee that data communication via the Internet will be error-free and/or available at all times. We do not offer any guarantee of permanent and uninterrupted availability of the Site.

10 LANGUAGE OF THE CONTRACT, STORAGE OF CONTRACTS

10.1 On the Site, contracts are concluded exclusively in French.

10.2 You may consult these General Terms and Conditions on the Site at any time. You may print or save this document. You may 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 that is automatically sent to you after your purchase at the email address you have provided to us.

10.3 This order confirmation contains your order references and a copy of the General Terms and Conditions applicable to the order. The order confirmation can be saved or printed using the corresponding function in 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 customers, the courts of the jurisdiction of our registered office (Limoges, France) shall have exclusive jurisdiction. However, we reserve the right to sue the professional customer before the courts of its registered office.

13 INTELLECTUAL PROPERTY 

13.1 The website www.ArtAndTOys.com is an intellectual work protected by law. Their content, including texts, illustrations, photographs, presentations and databases are strictly reserved under copyright and industrial property law.

13.2 This content may not be copied, disseminated, used or reused in any way without the prior consent of the respective owners. This applies in particular to any copy made with the help of indexing robots 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, copying or downloading of the contents, offers, directions, databases etc. for commercial use is prohibited, and will be subject to legal action for civil and criminal fault within the framework of existing legal options.

14 SAFEGUARD CLAUSE

If any provision of these T&Cs were or became void 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 seller partner of the Cocote marketplace and is registered with Lemon Way, a payment institution approved by the APCR in France on 12/24/2012 under number 16568