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Terms of use

GENERAL TERMS OF SALE

 

These terms and conditions of sale ('General Terms') apply to any purchase made by a user/individual ('CLIENT') on the http://laboutiquedestoons.com website (hereafter the "SITE") from LA BOUTIQUE DES TOONS, EI registered in the LILLE Register of Trade and Companies
443 409 503 , headquartered at 52 Pasteur Street 59200 TOURCOING,
France Tel: 03 61 92 13 80,
Fax: 03 20 11 05 08,
e-mail: contact@laboutiquedestoons.com (hereafter the "VENDEUR").

Important
Any order placed on the SITE necessarily implies the full acceptance of the CLIENT of these terms and conditions of sale.

Article 1.     Definitions

The following terms have the following meaning in these Terms and Conditions:
  • "CUSTOMER" : refers to the CO-contractor of the VENDEUR, which guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly intended that this CLIENT will act outside of any normal or commercial activity.
  • "DELIVERY" : refers to the first presentation of the PRODUITS ordered by the CLIENT at the delivery address indicated at the time of the order.
  • "PRODUCTS" : refers to all the products available on the SITE.
  • "TERRITORY" : refers to the Metropolitan FRANCE (excluding DOM/TOM).

Article 2.     Object

These General Terms govern the sale by the VENDEUR to its CLIENTS of PRODUITS.

The CLIENT is clearly informed and recognises that THE SITE is aimed at consumers and that professionals should contact the COMMERCIAL service of the VENDEUR in order to benefit from separate contractual terms.

Article 3.     Acceptance of general conditions

The CLIENT undertakes to read carefully the present Terms and Conditions and accept them, before proceeding to pay an order of PRODUITS placed on the SITE.

These Terms and Conditions are referenced at the bottom of each SITE page through a link and must be consulted before ordering. The CLIENT is invited to read carefully, download, print the Terms and Conditions and keep a copy.

The VENDEUR advises the CLIENT to read the Terms and Conditions with each new order, the latest version of these Terms applying to any new product order.

By clicking on the first button to place the order and then on the second to confirm the said order, the CLIENT acknowledges that he read, understood and accepted the Terms and Conditions without limitation or condition.

Article 4.     Buying products on the site

In order to purchase a PRODUIT, the CLIENT must be at least 18 years old and have the legal capacity or, if it is a minor, be able to justify the agreement of its legal representatives.

The CLIENT will be asked to provide identifying information by completing the form available on the SITE. The sign indicates the required fields that must be filled in for the CLIENT order to be processed by the VENDEUR. The CLIENT can check on the SITE the status of its order. Delivery tracking can, if necessary, be done using some carriers' online tracking tools. The CLIENT can also contact the VENDEUR's sales department at any time by email, at the contact@laboutiquedestoons.com address, in order to obtain information on the status of his order.

The information that the CLIENT provides to the VENDEUR during an order must be complete, accurate and up-to-date. The VENDEUR reserves the right to ask the CLIENT to confirm, by any appropriate means, its identity, eligibility and information provided.

Article 5.     Commands

         Article 5.1 Product Characteristics

The VENDEUR undertakes to present the essential characteristics of PRODUITS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under applicable law (in these Terms and Conditions).

The CLIENT undertakes to read this information carefully before ordering on the SITE.

Unless expressly stated otherwise on the SITE, all PRODUITS sold by the VENDEUR are new and comply with current European legislation and applicable standards in France.

         Article 5.2.    Ordering procedure

PRODUITS orders are placed directly on the SITE. To make an order, the CLIENT must follow the steps described below (please note, however, that depending on the CLIENT start page, the steps may differ slightly).

                  5.2.1. Selection of PRODUITS and purchase options

The CLIENT will have to select the PRODUIT(s) of their choice by clicking on the product(s) concerned and choosing the desired characteristics and quantities. Once the PRODUIT is selected, the PRODUIT is placed in the CLIENT basket. The latter can then add as many PRODUITS to his basket as he wishes.

                  5.2.2. Orders

Once the PRODUITS have been selected and placed in its basket, the CLIENT must click on the basket and verify that the contents of their order are correct. If the CLIENT has not yet done so, they will then be asked to identify themselves or register.

Once the CLIENT has validated the contents of the basket and has identified/registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes and, if applicable, delivery costs.

The CLIENT is asked to verify the contents of their order (including the quantity, characteristics and references of the PRODUITS ordered, the billing address, the payment method and the price) before validating its contents.

The CLIENT can then proceed to pay for PRODUITS following the instructions on the SITE and provide all the information necessary for the billing and LIVRAISON of PRODUITS. For PRODUITS for which options are available, these specific references appear when the right options have been selected. Past orders must include all the information necessary to process the order correctly.

The CLIENT must also select the chosen delivery method.

                  5.2.3. Acknowledgement

Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CLIENT order. A copy of the acknowledgement of the order is automatically sent to the CLIENT by email, provided that the email address provided through the registration form is correct. .

The VENDEUR does not send any confirmation of orders by mail or fax.

                  5.2.4. Billing

During the ordering process, the CLIENT will have to enter the information necessary for the billing (the sign will indicate the required fields to be filled out for the CLIENT order to be processed by the VENDEUR).

In particular, the CLIENT must clearly state all information relating to THE LIVRAISON, in particular the exact address of LIVRAISON, as well as any possible access code to the LIVRAISON address.

The CLIENT will then have to specify the payment method chosen.

Neither the order order that the CLIENT establishes online, nor the acknowledgement of the order that the VENDEUR sends to the CLIENT by e-mail constitutes an invoice. Regardless of the order or payment method used, the CLIENT will receive the original invoice at the PRODUITS LIVRAISON, inside the package.

         5.3. Order Date

The date of the order is the date on which the VENDEUR acknowledges receipt of the order online. The deadlines indicated on the SITE do not start running until that date.

         5.4. Price

For all PRODUITS, the CLIENT will find on the SITE prices displayed in euros all taxes included, as well as applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the address of LIVRAISON and the carrier or mode of transport chosen).

Prices include value-added tax (VAT) in particular at the rate in effect on the order date. Any change in the applicable rate may affect the price of PRODUITS from the date the new rate comes into effect.

The applicable VAT rate is expressed as a percentage of the value of the PRODUIT sold.

Prices for VENDEUR suppliers are subject to change. As a result, the prices listed on the SITE may change. They can also be changed in case of offers or special sales.

The prices shown are valid, unless gross error is made. The applicable price is the one shown on the SITE on the date the order is placed by the CLIENT.

         5.5. PRODUCT availability

The unavailability of a PRODUIT is in principle indicated on the product page concerned. CLIENTS can also be informed of the restocking of a PRODUIT by the VENDEUR.

In any event, if the unavailability was not indicated at the time of the order, the VENDEUR undertakes to inform the CLIENT without delay if the PRODUIT is unavailable.

The VENDEUR may, at the request of the CLIENT:
Either offer to ship all PRODUITS at the same time as soon as the out-of-stock PRODUITS are available again,

Either make a partial shipment of the PRODUITS available at first, and then the shipment of the rest of the order when the other PRODUITS are available, subject to clear information regarding the additional transport costs that may be incurred,

Either offer an alternative PRODUIT of equivalent quality and price, accepted by the CLIENT.

If the CLIENT decides to cancel its order for unavailable PRODUITS, it will receive a refund of all amounts paid for the PRODUITS unavailable within 30 days of payment.

Article 6.     Right of retraction

The terms of the right to withdraw are provided in the section "Terms of The Exercise of the Right of Retraction," available in Appendix 1 accessible at the bottom of each SITE page via the CGV link.

Article 7.     Payment

         7.1. Ways to pay

The CLIENT can pay its PRODUITS online on the SITE according to the means offered by the VENDEUR.

The CLIENT assures the VENDEUR that it has all the necessary authorizations to use the chosen means of payment.

The VENDEUR will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of the online payment on the SITE.

As such, it is specified that all payment information provided on the SITE is forwarded to the SITE bank and is not processed on the SITE.
         7.2. Payment date


In the case of a single payment by credit card, the CLIENT account will be debited as soon as the PRODUCT order is placed on the SITE.

In the case of partial LIVRAISON, the total amount will be debited from the CLIENT account at the earliest when the first package is shipped. If the CLIENT decides to cancel its order for unavailable PRODUITS, the refund will be made in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.

         7.3. Delay or refusal of payment

If the bank refuses to charge a card or other means of payment, the CLIENT will have to contact the VENDEUR Customer Service in order to pay for the order through any other valid means of payment.

In the event that, for whatever reason, opposition, refusal or otherwise, the transmission of the flow of money due by the CLIENT proves impossible, the order will be cancelled and the sale automatically terminated.

Article 8.     Proof and Archive

Any contract with the CLIENT corresponding to an order of more than 120 euros TTC will be archived by the VENDEUR for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.

The VENDEUR agrees to archive this information in order to track transactions and produce a copy of the contract at the request of the CLIENT.

In the event of a dispute, the VENDEUR will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Article 9.    Transfer of ownership

The VENDEUR remains the owner of the PRODUITS delivered until they are fully paid by the CLIENT.

The above provisions do not prevent the transfer to the CLIENT, at the time of receipt by the client, or by a third party designated by him other than the carrier, the risk of loss or damage of the PRODUITS subject to the property reserve, as well as the risk of damage that they may cause.

Article 10.     Delivery

The terms of the PRODUCT DELIVERY are set out in the "delivery policy" Appendix 2 accessible at the bottom of each PAGE of the SITE via a hyperlink.

Article 11.     Packaging

PRODUITS will be packaged in accordance with current transport standards to ensure maximum protection for PRODUITS during THE LIVRAISON. CLIENTS undertake to meet the same standards when returning PRODUITS under the conditions set out in Appendix 1 - terms and conditions for exercising the right of withdrawal.

Article 12.     Guarantees

         12.1. Compliance Guarantee
Article L.211-4 of the Consumer Code "The seller is required to deliver a contract-compliant property and responds to any compliance deficiencies that exist at the time of issuance. It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility. »

Article L.211-5 of the Consumer Code To comply with the contract, the property must:

(1) Be fit for the usually expected use of a similar property and, if necessary:

- match the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, especially in advertising or labelling;

(2) Or present the characteristics defined by the parties or be specific to any special use sought by the buyer, brought to the seller's knowledge and which the seller has accepted.


The VENDEUR is required to deliver a compliant PRODUIT that is specific to the expected use of a similar property and corresponding to the description given on the SITE. This compliance also assumes that the PRODUIT has the qualities that a buyer can legitimately expect in light of public statements made by the VENDEUR, including in advertisements and labelling.

In this context, the VENDEUR is likely to be responsible for existing compliance defects in the issuance and non-compliance resulting from the packaging, assembly instructions or installation when it has been placed in its care or has been carried out under its responsibility.

The action resulting from the non-compliance is prescribed by two (2) years from the issuance of the PRODUIT. (Article L.211-12 of the Consumer Code)

In the event of a non-compliance, the CLIENT may request the replacement or repair of the PRODUIT, at its choice. However, if the cost of choosing the CLIENT is clearly disproportionate to the other option, given the value of the PRODUIT or the size of the default, the VENDEUR will be able to make a refund, without following the option chosen by the CLIENT.

In the event that a replacement or repair is not possible, the VENDEUR undertakes to return the price of the PRODUIT within 30 days of receipt of the returned PRODUIT and in exchange for the referral of the PRODUIT by the CLIENT to the following address 52 Rue Pasteur 59200 TOURCOING.

Finally, the CLIENT is exempt from reporting evidence of the existence of the product's non-compliance for 2 years after the issuance of the property.

It is specified that this legal guarantee of compliance applies independently of the commercial guarantee granted, if any, on PRODUITS.

         12.2. Guarantee of Hidden Defects

The VENDEUR is bound by the guarantee because of the hidden defects of the PRODUIT sold which render it unsuitable for the purpose for which it is intended, or which diminish this use so much that the CLIENT would not have acquired it, or would have given only a lower price, if it had known them. (Article 1641 of the Civil Code)

This guarantee allows the CLIENT who can prove the existence of a hidden defect to choose between the reimbursement of the price of the PRODUIT if it is returned and the refund of part of its price, if the PRODUIT is not returned.

In the event that a replacement or repair is not possible, the VENDEUR undertakes to return the price of the PRODUIT within 30 days of receipt of the returned PRODUIT and in exchange for the referral of the PRODUIT by the CLIENT to the following address 52 Rue Pasteur 59200 TOURCOING. The action resulting from the defects must be brought by the CLIENT within two (2) years of the discovery of the defect. (Paragraph 1 of Article 1648 of the Civil Code)

Article 13.     Responsibility

The VENDEUR cannot be held in any case in the event of non-performance or poor performance of contractual obligations attributable to the CLIENT, especially when the order is seized.

The VENDEUR may not be held responsible, or considered to have failed here, for any delay or non-performance, where the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of the French courts and courts.

It is further specified that the VENDEUR does not control websites that are directly or indirectly linked to SITE. Accordingly, it excludes liability for the information published there. Links to third-party websites are provided only as an indication and no guarantees are provided as to their content.

Article 14.     Policy


The VENDEUR collects personal data about its customers on the SITE, including through cookies. CLIENTS can disable cookies by following the instructions provided by their browser.

The data collected by the VENDEUR is used to process orders placed on the SITE, manage the CLIENT account, analyze orders and, if the CLIENT has chosen this option, send commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such communications from the VENDEUR.

The CLIENT's data is kept confidential by the VENDEUR in accordance with its declaration to the CNIL, for the purposes of the contract, its execution and in accordance with the law.

CLIENTS can opt out at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom that each offer received by email.

The data may be shared, in whole or in part, with the VENDEUR service providers involved in the ordering process. For commercial purposes, the VENDEUR may transfer to its trading partners the names and contact details of its CLIENTS, provided that they have given their prior consent when registering on the SITE.

The VENDEUR will specifically ask CLIENTS if they want their personal data to be disclosed. CLIENTS will be able to change their mind at any time on the SITE or by contacting the VENDEUR.

THE VENDEUR can also ask its CLIENTS if they wish to receive commercial solicitations from its partners.

In accordance with Law 78-17 of 6 January 1978 relating to computerization of files and freedoms, the CLIENT enjoys the right of access, rectification, opposition (for legitimate reasons) and the deletion of its personal data. He can exercise this right by emailing: contact@laboutiquedestoons.com either by sending a letter to 52 Rue Pasteur 59200 TOURCOING.

It is specified that the CLIENT must be able to justify his identity, either by scanning an ID or by sending the VENDEUR a photocopy of his ID.
If the customer wishes, he can register on the opposition list of the telephone approach on the Bloctel website at: http://www.bloctel.gouv.fr/

Article 15.     Claims

The VENDEUR provides the CLIENT with a "Customer Telephone Service" on 03 61 92 13 80 (not surcharged number).

Any written complaint from the CLIENT must be forwarded to 52 Pasteur Street 59200 TOURCOING.

Article 16.     Intellectual property

All visual and audio elements of SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of the VENDEUR. Anyone who publishes a website and wishes to create a direct hyperlink to site must request the permission of the VENDEUR in writing.

This authorization from the VENDEUR will not be granted definitively. This link should be removed at the request of the VENDEUR. Hyperlinks to SITE that use techniques such as framing or in-line linking are strictly prohibited.

Article 17.     Validity of Terms and Conditions

Any change in the law or regulations in force, or any decision by a competent court invalidating one or more clauses of these Terms and Conditions, cannot affect the validity of these Terms and Conditions. Such an amendment or decision does not in any way authorize clients to ignore these Terms and Conditions.

All conditions not expressly addressed here, will be governed in accordance with the use of the retail sector for companies headquartered in France.

Article 18.     Changing terms and conditions

These Terms and Conditions apply to all online purchases made on SITE, as long as SITE is available online.

The Terms and Conditions are accurately dated and may be amended and updated by the VENDEUR at any time. The applicable terms and conditions are those in effect at the time of order.

Changes to the Terms and Conditions will not apply to PRODUITS already purchased.

Article 19.     Jurisdiction and applicable law

These General Terms and relations between the CLIENT and the VENDEUR are governed by French law.

In the event of a dispute, only the French courts will have jurisdiction.

However, prior to any recourse to the arbitral or state judge, negotiation in a spirit of loyalty and good faith will be preferred in order to reach an amicable agreement in the event of any conflict relating to this contract, including its validity.

The party wishing to implement the negotiation process will have to inform the other party in a recommended letter with acknowledgement of the elements of the dispute. If, after a period of fifteen (15) days, the parties could not reach an agreement, the dispute will be referred to the competent court designated below.

Throughout the negotiation process and until its outcome, the parties prohibit themselves from taking any legal action against each other and for the conflict that is the subject of the negotiation. By exception, the parties are allowed to refer the matter to the court of the referees or to seek an order on application. A possible action before the court of the referees or the implementation of a procedure on application does not result on the part of the parties any waiver of the clause of amicable arrangement, unless expressly opposed.

APPENDIX 1

HOW THE RIGHT TO WITHDRAW IS EXERCISED
Retraction principle

The CLIENT has, as a matter of principle, the right to return the PRODUIT to the VENDEUR or to a person designated by the latter, without excessive delay, and at the latest within fourteen (14) days of the disclosure of his decision to withdraw, unless the VENDEUR proposes to recover the PRODUIT himself.

Retraction time

The withdrawal period expires fourteen (14) calendar days after the day the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the PRODUIT.

In the event that the CLIENT has ordered several PRODUITS via a single order resulting in multiple LIVRAISONS (or in the case of an order for a single PRODUIT delivered in several batches), the retraction period will expire fourteen (14) calendar days after the day the CLIENT, or a third party other than the carrier and designated by the CLIENT, physically takes possession of the last PRODUIT delivered.

Notification of the right to withdraw

In order to exercise its right of withdrawal, the CLIENT must notify its decision to withdraw from this contract by means of an unambiguous statement to: 52 Rue Pasteur 59200 TOURCOING or contact@laboutiquedestoons.com.

He can also use the form below:
RETRACTATION FORM
To the attention of [O] ('CO-SALE coordinates')

VENDEUR's phone number:
VENDEUR fax number:
VENDEUR's e-mail address:

I herehein notify you of my retraction of the contract for the sale of the PRODUIT below:

PRODUCT reference
Bill number:
The number of the purchase order:
- Ordered the [']/received on the
- Payment method used:
- The name of the CLIENT and, if necessary, the recipient of the order:
- CLIENT address:
- Delivery address:
- Client signature (except in cases of email transmission)
- Date


In order for the withdrawal period to be met, the CLIENT must submit its communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of retraction

In the event of a withdrawal on the part of the CLIENT, the VENDEUR undertakes to reimburse all the sums paid, including delivery costs without excessive delay and, in any event, no later than fourteen (14) days from the day the VENDEUR is informed of the CLIENT's willingness to retract.

The VENDEUR will make the refund using the same means of payment that the CLIENT used for the original transaction, unless the CLIENT expressly agrees in a different way, in any event, this refund will not result in a fee for the customer.

The VENDEUR may defer the refund until the property is received or until the CLIENT has provided proof of the property's shipment, the date chosen being that of the first of these facts.

Return terms

The CLIENT must, without excessive delay and, in any event, no later than fourteen (14) days after disclosure of its decision to withdraw from this contract, return the property, to: 52 rue Pasteur 59200 TOURCOING.

This deadline is deemed to be met if the CLIENT returns the property before the 14-day period expires.

Return fees

The CLIENT will have to pay for the direct costs of returning the property.

State of the property returned

The PRODUIT must be returned according to the provisions of the VENDEUR and include all accessories delivered.

Client is only liable for the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUIT. In other words, the CLIENT has the opportunity to test the PRODUIT but its responsibility may be incurred if it performs manipulations other than those necessary.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following assumptions:
  • Supply of goods or services whose price depends on fluctuations in the financial market
  • Supply of goods made to CLIENT specifications or clearly customized
  • Providing goods that could deteriorate or perish rapidly
  • Providing sealed audio or video recordings or software that have been unsealed after delivery
  • Newspaper, periodical, magazine (except subscription contract)
  • Providing non-residential accommodation services, transportation of goods, car rental, catering or leisure services if the offer provides a specific date or execution period
  • Supply of goods which by their nature are inseparably mixed with other items
  • Supplies of sealed goods that cannot be returned for health protection or hygiene reasons and have been unsealed by the CLIENT after the LIVRAISON
  • the supply of alcoholic beverages whose price was agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and whose actual value depends on fluctuations in the market beyond the control of the VENDEUR
  • Providing unsealed digital content if the execution began with the express prior consent of the consumer, who also acknowledged that he will thus lose his right of retraction
  • contracts concluded at a public auction

APPENDIX 2

DELIVERY POLICY

Delivery area

The proposed PRODUITS are delivered to the countries offered to you.

PRODUITS are shipped to (to) the delivery address that the CLIENT will have indicated during the ordering process.

Shipping time

The deadlines for preparing an order and then establishing the invoice, before shipping PRODUITS in stock are mentioned on the SITE. These deadlines are defined as weekends or holidays.

An e-mail message will be automatically sent to the CLIENT at the time of shipment of the PRODUITS, provided that the email address in the registration form is correct.

Delays - Delivery costs

During the ordering process, THE VENDEUR tells the CLIENT the possible shipping times and formulas for the PRODUITS purchased.

Shipping costs are calculated based on the mode of delivery. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUITS purchased.

Details of delivery times and charges are detailed on the SITE.

LIVRAISON terms

The package will be given to the CLIENT for signature and upon presentation of an ID.

In case of absence, a notice of passage will be left to the CLIENT, in order to allow him to pick up his parcel in his post office.

LIVRAISON problems

The CLIENT is informed of the delivery date set at the time it chooses the carrier, at the end of the online ordering process, before confirming the order.

It is specified that deliveries will be made within thirty (30) days maximum. Failing that, the CLIENT must order the VENDEUR to deliver within a reasonable time and if not delivered within that time, it will be able to terminate the contract.

The VENDEUR will reimburse, without excessive delay from the receipt of the termination letter, to the CLIENT the total amount paid for the PRODUITS, taxes and delivery costs included, using the same method of payment used by the CLIENT to purchase the PRODUITS.

The VENDEUR is responsible until the product is delivered to the CLIENT. It is recalled that the CLIENT has three (3) days to notify the carrier of the partial damage or losses observed during the delivery.