GENERAL TERMS AND CONDITIONS OF SALE AND USE
- Preliminary remarks
- Order placement method and purchasing process
- Product prices, taxes and delivery charges
- Payment information
- Delivery or provision
- Customer service and right of withdrawal
- Warranty for products purchased on this site
- Provisions specific to the nature of certain products
- User area
- Publisher's disclaimer
- Newsletter from the publisher and its partners
- Information regarding the French Data Protection Act (Loi Informatique et Libertés)
- Information regarding the collection of "cookies"
- Intellectual property rights to the site's elements
- General provisions and applicable law
1. Preliminary remarks
a) Legal notices
In order to comply with the provisions of the law for confidence in the digital economy of 21 June 2004, the legal notices required to allow the identification of the publisher of this website will be stated below.
This website is published by Ti'Board, a limited liability company (EURL) with a capital of €15,000, registered with the Bayonne Trade and Companies Register under number 81230549800014, and whose registered office is located at 100, avenue de l'Adour in Anglet (64600), France. The publisher can be contacted by telephone at +33 5 59 01 14 19 or by email at contact@toyboard.fr
Intra-community VAT number: FR56812305498.
CNIL registration number: 1881184
The site's publishing director is Thibault Tranchard.
The editor-in-chief is Thibault Tranchard.
This website was developed by ToyBoard®
This website is hosted by Cocoba, located at 1317 Route Départementale 817, 64270 Puyoô - Tel 06 30 92 96 79
b) Object
This website is freely accessible to all internet users. It is an online sales site for products.
c) Acceptance of the general terms and conditions of sale
Subscribing to a contract governed by these terms and conditions with the publisher of this website implies acceptance of said terms and conditions of sale by the user. The user acknowledges having read and understood them in full. This acceptance will consist of the user validating these terms and conditions.
The user acknowledges the evidentiary value of the automatic recording systems of the publisher of this site and, unless he provides evidence to the contrary, he waives the right to contest them in the event of a dispute.
Acceptance of these terms and conditions implies that users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.
2. Order placement procedures and
purchasing process
Products are sold subject to availability. Product availability is indicated on the website, in the description of each item.
In order to comply with the provisions of the law on confidence in the digital economy of June 21, 2004, the ordering process will be described below:
To place an order, the user can select one or more products and add them to their cart. Once their order is complete, they can access their cart by clicking the designated button. By viewing their cart, the user can verify the number and type of products they have selected, as well as their unit price and the total order price. They will also have the option to remove one or more products from their cart. This summary will indicate whether or not the user has the right to withdraw from the purchase, along with the applicable deadlines and procedures.
If the order is satisfactory and the user wishes to validate it, they can click on the validation button. They will then access a form in which they can either enter their login ID if they already have one, or register on the site by completing the form presented to them with their personal information.
Once logged in or after successfully completing the form, the user will be asked to check or modify their delivery and billing details, read and accept these terms and conditions, confirm their order, and then be asked to make their payment by being redirected to the secure payment interface.
Once the payment has been received by the website publisher, the latter undertakes to acknowledge receipt to the user electronically, within a maximum period of 24 hours.
Similarly and within the same time frame, the publisher undertakes to send the user an email summarizing the order in order to confirm its processing and to provide all information relating to the order.
3. Product prices, taxes and delivery charges
The prices shown on the website are in Euros, inclusive of all taxes, but excluding delivery charges. Prices are fixed and non-refundable, with no discounts, rebates, or allowances. These prices may be changed at any time by the publisher. The price applicable to the customer is the one in effect at the time of the order.
Delivery charges will always be shown to the customer before any payment is made. Promotional codes for free delivery are only valid in mainland France.
For deliveries outside the European Union and to French overseas departments and territories (DOM-TOM), users are advised that customs duties and other taxes may apply. The necessary formalities and payment of these duties and taxes are not the responsibility of the publisher and will, in all cases, be borne by the user. It is therefore the user's responsibility to verify all this information, as well as the import regulations for the product, with the relevant authorities in the country of delivery before placing any order on the website.
The products sold remain the property of Ti'Board until full payment of their price, in accordance with this retention of title clause. Risk passes to the customer upon delivery of the products.
4. Payment Information
Users can place orders on this website and can pay by credit card, check, or bank transfer.
banking, Paypal.
Credit card payments are made using secure transactions provided by the service provider.
In the context of payments by bank card, the publisher of this site has no access to any data relating to the customer's means of payment.
The delivery times specified in the article below only begin to run from the date the seller actually receives payment, which the seller may prove by any means. If the seller does not receive payment from the customer within eight days of the order, the order will be cancelled and the products will be made available for sale again on the website.
5. Delivery or provision
a) Deadline
In accordance with the law, orders are delivered by any carrier designated by the publisher within a maximum period of 30 working days from the full receipt of the price corresponding to the order.
For products in stock, this timeframe is much shorter (shipping within 48 hours, working days).
However, some products (especially personalized or out-of-stock) may still justify a longer delivery time; this will be expressly mentioned in the item description.
b) Damage and partial loss
If a package is delivered that is clearly and visibly damaged, incomplete, or contains damaged items, the customer must refuse delivery in order to benefit from the carrier's guarantee. The user must also inform the publisher immediately so that a replacement package can be prepared and shipped as soon as the damaged package is received. In such cases, the delivery times indicated above in these terms and conditions will no longer apply.
Similarly, the user must refuse any incomplete package or any package containing damaged items. Indeed, in accordance with Article L 133-3 of the French Commercial Code, acceptance of the transported goods extinguishes any claim against the carrier for damage or partial loss if, within three days (excluding public holidays) following the date of acceptance, the recipient has not notified the carrier of their reasoned protest by registered letter. Failure to comply with this formality will preclude the user from receiving compensation.
c) remote areas or areas that are difficult to access
Deliveries to mountainous areas, islands or areas with limited access deemed remote or difficult to access by the carrier may result in additional delays and delivery charges which will be billed in addition to the prices shown on the website.
6. Customer service and right of withdrawal
a) Customer service
Customer service for this site is available Monday to Friday from 10am to 5pm at the following non-premium rate telephone number: 05.59.01.14.19, or by email at the following address: contact@toyboard.fr.
b) Right of withdrawal
The consumer has the right to withdraw from this contract without giving any reason within fourteen (14) days. The withdrawal period will expire fourteen days after the day on which you, or a third party other than the carrier and indicated by you, takes physical possession of the goods or the last of the goods.
To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g., a letter sent by post or email). To make things easier, you can use the model withdrawal form, but this is not obligatory.
To ensure that the withdrawal period is respected, you simply need to send your communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
c) Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery charges (except for any supplementary costs arising from your choice of a delivery method other than our least expensive standard delivery option), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw. We will carry out such 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 such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return the goods without undue delay and, in any event, no later than fourteen days after you have notified us of your decision to withdraw from this contract. This deadline is met if you return the goods before the fourteen-day period expires.
You will be responsible for the direct costs of returning the item.
Your liability is limited to the depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods.
d) Withdrawal period
For products purchased as a pack (cover + foam), it is not possible to return only one of the products in the pack, but only the entire pack.
7. Warranty for products purchased on this site
In the event of a defect in a product purchased on this website, the user has, in accordance with Articles 1641 et seq. of the French Civil Code concerning the legal guarantee against hidden defects, a period of two years from the discovery of said defect to request cancellation of the sale or a reduction in the sale price (Article 1644 of the French Civil Code). Furthermore, pursuant to Articles L211-4 et seq. of the French Consumer Code, if the delivered goods are not in conformity, the consumer has a period of two years from receipt of said product to request its repair or replacement, subject to the cost conditions stipulated in Article L. 211-9 of the French Consumer Code. The consumer is not required to provide proof of the existence of the lack of conformity of the goods during the six months following delivery. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
In order to exercise any of these rights, the customer will need to contact the publisher's customer service department.
Certain items purchased on this website benefit from a contractual warranty offered by the seller or manufacturer, in addition to the warranty against hidden defects defined by the Civil Code and the warranty of conformity imposed by Article L211-5 of the Consumer Code, which are always applicable where relevant and are defined above. The duration of this warranty may vary depending on the product and will be detailed in the product description and user manual. Any commercial warranty is subject to a written contract, a copy of which is provided to the buyer.
8. Provisions specific to the nature of certain products
All products sold on this site are marketed in compliance with the laws and regulations in force in France. The mandatory information required by applicable laws and regulations is displayed on this site, and in particular in the product description for each item.
9. User space
a) Creation
Creating a user account is a prerequisite for placing any order. To this end, the user will be asked to provide certain personal information. The user agrees to provide accurate information; failure to do so may result in termination of the contract by the publisher and deletion of the user account.
Certain information will be deemed essential for the conclusion of the contract, and its collection will be necessary for account creation and contract validation. A user's refusal to provide this information will prevent the creation of a user account and, consequently, the validation of the order.
b) Operation
This space allows the user to view all their orders placed on the site, and also allows them, where applicable, to track the delivery of purchased products.
If the data contained in the user account were to be lost due to an unforeseen event, a technical failure, or force majeure, the publisher of this website cannot be held liable, as this information has no evidentiary value and is for informational purposes only. However, the publisher undertakes to securely retain all contractual elements whose retention is required by law or applicable regulations.
This exclusion does not preclude the publisher from taking legal action against the user when the facts warrant it.
c) Password
When creating a user account, the user will be asked to choose a password. This password guarantees the confidentiality of the information contained in their account, and they are therefore prohibited from sharing or disclosing it to any third party. Otherwise, the website cannot be held responsible for any unauthorized access to a user's account.
10. Publisher's Disclaimer
a) Site accessibility and force majeure
In the event of inaccessibility to the site, due to technical or other problems, the user will not be able to claim damages and will not be entitled to any compensation.
The unavailability, even prolonged and without any time limit, of one or more products cannot constitute harm to the user and cannot in any way give rise to the awarding of damages by the site or its publisher.
The publisher cannot under any circumstances be held responsible for the non-performance of the contract which may be attributable to a case of force majeure, as defined by French law.
b) Visual representation of the products
The visual representations of the products published on this website are guaranteed by the publisher to be perfectly faithful to reality, in order to fulfill its obligation to provide complete information. However, given the current state of technology, the rendering of these representations, particularly in terms of color and shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphics hardware and screen, or the display resolution. These variations and differences cannot under any circumstances be attributed to the publisher, who cannot be held liable in any way for them.
c) Products sold on the website
The publisher undertakes to comply with all applicable provisions in force in France and cannot be held responsible for non-compliance with regulatory and legislative provisions in force in other countries.
The publisher of this site cannot under any circumstances be held responsible for the misuse of products, improper maintenance of products, accidental damage or abusive use of products.
Since the products offered for sale on the site are sold uninstalled, the user declares that they are responsible for installing the products, which they must carry out in accordance with best practices and the instructions for use.
d) Hyperlinks
The hyperlinks on this website may lead to other websites, and the publisher of this website cannot be held liable if the content of those sites violates applicable laws. Similarly, the publisher of this website cannot be held liable if a user suffers harm as a result of visiting one of these sites.
11. Newsletter from the publisher and its partners
By checking the box provided for this purpose or by expressly agreeing to this, the user accepts that the publisher may send them, at a frequency and in a format that it will determine, a newsletter that may contain information relating to its business. When the user checks the box provided for this purpose, they agree to receive commercial offers from the publisher of this website for products and services similar to those ordered.
Subscribed users will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, which is present in each of the newsletters.
Similarly, users who have agreed to the communication of personal data (and in particular their email address) to third-party partners of this site by checking the box provided for this purpose may receive newsletters issued by these partners, for commercial or non-commercial purposes, at frequencies and in forms determined by said partners.
Users may unsubscribe at any time by clicking the unsubscribe link provided in each newsletter sent by these partners. Alternatively, users may unsubscribe by contacting the sender(s) of the newsletter(s) directly. The publisher of this website cannot be held liable under any circumstances for the content, data, or format of the newsletters sent by these partners, regardless of any harm suffered by the user. All complaints must be addressed directly to the newsletter sender.
12. Information relating to the French Data Protection Act
a) General Information – Purpose – Duration
Users are free to provide personal information. Providing personal information is not required to browse the site. However, registering on this site requires the publisher to collect certain personal information from the user. Users who do not wish to provide the information necessary to create a user account will not be able to place orders on this site.
The data collected is necessary for the proper administration of the services offered on this site and for the publisher to fulfill its contractual obligations. This data is stored by the publisher solely for this purpose, and the publisher undertakes not to use it for any other purpose, nor to transmit it to third parties, except with the express consent of the users or as required by law.
The contact details of all users registered on this site are saved for a maximum of 12 months from the date of deletion of their personal account. This reasonable period is necessary for the proper administration of the site and the normal use of the data. This data is stored securely, using current technological means, in accordance with the provisions of the French Data Protection Act of 6 January 1978.
b) Right of access, rectification and objection
In accordance with the French Data Protection Act (Loi Informatique et Libertés), users have the right to object to, inquire about, access, and rectify the data they have provided. To do so, they simply need to submit a request to the website publisher by emailing contact@toyboard.fr or by mail to the publisher's registered office address, which is indicated at the beginning of these terms and conditions.
The personal data collected is subject to computer processing and is exclusively reserved for the website publisher.
The data controller is Thibault Tranchard.
CNIL registration number: 1881184
c) IP address
Furthermore, the publisher reserves the right to collect the public IP (Internet Protocol) address of any user. This IP address will be collected anonymously, stored for the same duration as personal information, and used solely for the proper administration of the services offered on this website. An IP address is a series of numbers separated by periods that uniquely identifies a computer on the Internet.
The publisher must disclose all personal data relating to a user to the police (upon a court order) or to any other person (upon a judge's order). The IP address of any computer may be cross-referenced with the subscriber's actual identity held by the ISP (Internet Service Provider).
13. Information regarding the collection of "cookies"
a) General Information – Purpose – Duration
To ensure optimal user navigation on this website and improved functionality of its various interfaces and applications, the publisher may place a cookie on the user's computer. This cookie stores information related to website navigation (date, page, time), as well as any data entered by the user during their visit (searches, login, email, password). These cookies are intended to be stored on the user's computer for a variable period of up to 12 months and may be read and used by the publisher during a subsequent visit by the user to this website.
b) Right to object to the placement of the cookie
Users have the option to block, modify the retention period, or delete this cookie via their browser settings (usually found under Tools or Options / Privacy or Security). In such cases, browsing this website will not be optimized. If systematically disabling cookies in the user's browser prevents them from using certain services or features provided by the publisher, this malfunction shall not constitute grounds for any claim for damages, and the user shall not be entitled to any compensation as a result.
c) Deleting cookies
Users also have the option to delete cookies previously stored on their computer by accessing the relevant menu in their browser (usually found under Tools or Options / Privacy or Security). This action will not affect their browsing experience on this website, but it will cause them to lose all the benefits provided by the cookie. In this case, they will need to re-enter all their information.
14. Intellectual property rights to site elements
All elements constituting this site belong to the publisher or are subject to authorization for use and are protected by intellectual property legislation.
The user therefore acknowledges that, in the absence of authorization, any total or partial copying and any distribution or exploitation of one or more of these elements, even modified, may give rise to legal proceedings brought against him by the publisher or its rights holders.
This protection will cover all textual and graphic content of the site, as well as its structure, name, and its
graphic charter.
Similarly, the user acknowledges being informed that the matrix of these general terms and conditions has been filed with a bailiff and that any reproduction, even partial, of this document may be subject to legal proceedings for economic parasitism.
15. General provisions and applicable law
a) Modification of the general terms and conditions
These terms and conditions may be modified at any time by the website publisher or its representative. The terms and conditions applicable to the user are those in effect on the date of their order. The publisher undertakes to retain all previous versions of these terms and conditions and to provide them to any user upon request.
b) Applicable law and competent jurisdictions
These terms and conditions are governed by French law and subject to the exclusive jurisdiction of the French courts. The language of the contract is French; any version available in a foreign language on the website is for informational purposes only. Similarly, this website may be translated into various languages to facilitate navigation for non-French-speaking users who wish to place orders on the site.
IN CASE OF DISPUTE WITH A CLIENT WHO IS A TRADER, WITHIN THE MEANING GIVEN BY FRENCH LAW COURTS, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS IN WHICH THE PUBLISHER IS ESTABLISHED.
c) Amicable settlement of disputes
Except for matters of public policy, any disputes that may arise in connection with the performance of these terms and conditions may, before any legal action is taken, be submitted to the website publisher for consideration with a view to an amicable settlement. It is expressly noted that requests for amicable settlement do not suspend the time limits for initiating legal proceedings.
d) Divisibility
If any clause of these general terms and conditions is declared invalid by a court decision, this invalidity shall not invalidate the remaining clauses, which shall continue to have effect.
e) No waiver
The fact that the parties do not invoke one or more clauses of these general terms and conditions, whether temporarily or permanently, shall in no case constitute a waiver of their right to invoke the remainder of the general terms and conditions.
If a consumer wishes to cancel their order, they can use the form below.
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MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To: Ti'Board, Olatu Leku, 100 Avenue de l'Adour, 64600 Anglet, France. Contact us at +33 5 59 43 54 65 or by email at contact@toyboard.fr
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
* Ordered on (*)/received on (*): ........................................................
* Name of consumer(s): ..........................................................
* Consumer address(es): ............................................................
Signature of consumer(s) (only if this form is submitted on paper): ....
∗ Date: .........................................................
(*) Delete as appropriate.
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