General conditions of sale
The online boutique of the designertoyz.com has been set up by the Designertoyz company, which is the operator of the site. Any orders placed for a product presented within the online boutique of the Designertoyz.com web site implies prior consultation of the present general conditions. Consequently, the consumer recognizes that he or she has been fully informed of the fact that his or her accord concerning the content of the present general conditions does not require the handwritten signature of this document, insofar as the consumer wishes to order online the products presented within the context of the web site's boutique.
The consumer has the faculty of copying or printing the present general conditions, it being understood that both the copying or the printing of this document come under their sole responsibility. The consumer, prior to his or her order, declares that the acquisition of these products bears no direct relation to his or her professional activity, their acquisition being reserved for personal use on his or her part. As consumer, the customer thus has specific rights which would be called into question in the hypothetical case that the products or services acquired by means of the web site would in reality be directly related to his or her professional activity. The online boutique set up by the Designertoyz company in the context of its web site provides the following points of information:
- Legal notice permitting precise identification of the Designertoyz company
- Presentation of the essential characteristics of the goods offered
- Indication, in euros, of the price of the goods, as well, where applicable, the delivery charges
- Indication of the methods of payment, of delivery, or of performance.
- The existence of a right of retraction
- The period of validity of an offer or price
- The entirety of this information will be presented in French and in English. The consumer declares that he or she has the full legal capacity to commit himself or herself to the following general conditions.
Article 1: Entirety
The present general conditions express the entirety of the obligations of the parties. In this sense, the consumer is reputed to accept without reserve the entirety of the dispositions stipulated in these general conditions. No general or specific condition set out in documents sent or remitted by the consumer may be integrated with the present ones, where these documents would be incompatible with these general conditions.
Article 2: Object
The present general conditions have the object of defining the rights and obligations of the parties within the context of the online sale of goods and services offered by the Designertoyz company to the consumer.
Article 3: Contractual documents
The present contract is formed by the following contractual documents, presented in descending hierarchical order: the present general conditions, and the order form. In the case of contradiction between the dispositions included in the documents of differing rank, the documents of superior rank will prevail.
Article 4: Effectiveness - duration
The present general conditions come into effect upon the date of the signature of the order form. The present general conditions are concluded for the duration necessary to the provision of the goods and services subscribed, until the extinction of the guarantees owed by the Designertoyz company.
Article 5: Electronic signature
The "double click" by the consumer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Confirmation of order
The contractual information will be the object of a confirmation by sent by e-mail no later than the moment of delivery, or failing this, sent to the address indicated by the consumer within the order form.
Article 7: Evidence of the transaction
The digital records conserved by the computer systems of the Designertoyz companies in reasonable conditions of security shall be considered as evidence of communications, orders, and payments intervening between the parties. The archiving of order forms and invoices is carried out on a reliable and durable means of support that can be produced as evidence.
Article 8: Information concerning products
8-a: The Designertoyz company presents on its web site the products for sale with the necessary characteristics to comply with Article L 111-1 of the French Code de la consommation (Consumer Code), which stipulates the possibility for the consumer to know prior to placing an order the essential characteristics of the products he or she wishes to purchase.
8-b: The offers presented by the Designertoyz conditions are only valid for as long as stocks are available.
8-c: The products on sale online on the Designertoyz.com web site are prohibited for sale to minors under 14 years of age, unless explicit mention is indicated on the sales site.
8-d: The products on sale online on the Designertoyz.com web site are not intended for minors under 14 years of age, unless explicit mention is indicated on the sales site.
Article 9: Prices
Prices are indicated in euros and are only valid on the date when the order form is sent by the consumer. They do not take into account delivery charges, billed as a supplement and indicated before the order is validated. The prices include the V.A.T. applicable on the date of the order, and any change in the V.A.T. rate applicable will be automatically applied to the price of products on the online boutique. The payment of the totality of the price must be carried out when the order is placed. At no moment will sums paid be considered as deposits or advances. In the case of an order to a country other than metropolitan France, you are the importer of the good(s) concerned. Customs levies or other local taxes or importation charges or state taxes are likely to be payable. These rights and sums do not come under the responsibility of Designertoyz. They will be in your charge and under your entire responsibility both with respect to declarations and to payments to the competent authorities and/or bodies in your country. We advise you to seek information regarding these aspects from your local authorities.
Article 10: Method de payment
To pay for his or her order, the consumer disposes, at his or her choice, of all of the means of payment provided within the order form. The consumer guarantees to the Designertoyz company that he or she disposes of the necessary authorizations that may be required to use the method of payment selected, when the order is validated. The Deszignertoyz company reserves the right to suspend any handling of the order and any delivery in the case of refusal of authorization of a payment by credit card on the part of the officially accredited bodies, or in the case of non-payment. The Designertoyz company notably reserves the right to refuse to carry out a deliver or to honor an order emanating from a consumer who has not paid, either wholly or in part, a previous order, or with whom a dispute over payment is awaiting settlement.
Article 11: Availability of products
The order will be carried out at latest within a period of 3 working days starting from the day following that on which the consumer placed his or her order. In the case that the product order is unavailable, notably from our suppliers, the consumer will be informed promptly and will have the possibility of canceling his or her order. The consumer will then have the choice of requesting either reimbursement of the amounts paid within 30 days at latest, or the exchange of the product.
Article 12: Methods of delivery
The products are delivered to the address indicated by the consumer on the order form. The consumer. The consumer is obliged to verify the state of the packing of the merchandise upon delivery and to indicate damages due to the transport agency on the delivery form, as well as to the Designertoyz company within a period of one week. The consumer may, at his or her request, have an invoice sent to the billing address rather than the delivery address by validating the option provided to this effect on the order form. Regarding shipping, we mainly work with Colissimo Suivi. Once we have proceeded with a shipment, you will immediately receive an e-mail informing you of this.
LA POSTE (French Postal Service)
To reduce transport costs as much as possible, all small- and medium-sized products are sent by the French postal service, Colissimo Suivi. Other than being economical, this service delivers within 48 hours throughout France and offers you the possibility of picking up the products ordered at the post office nearest to the delivery address in case of absence from the initial delivery point when the postal worker stops by. In concrete terms, if you are absent on the date of delivery, your postal worker will leave you a notice (“avis de passage”) in your mail box, which will permit you to pick up your package at the post office during opening hours, within a period of 15 days. Colissimo Suivi is a very reliable service. It may happen, however, as in the case of any shipping, that a delay in delivery occurs, or that the product goes astray. In the case of a delay in delivery with respect to the date with have indicated in our e-mail giving shipping notice, we ask you to inform us of the delay by telephoning us or sending us an e-mail. We will then contact La Poste to launch an investigation. A postal investigation may take up to 21 days from the date it is opened. If the product is found during this period, it will immediately be re-directed to your residence (in most cases). If on the other hand, the product is not found at the end of the 21 day period of investigation, La Poste considers the package to be lost. It is only at this point that we can send you a replacement product, at our own cost. If the product(s) ordered are no longer available at that moment, we will reimburse you the amount for the products lost by the transport agency. If the product(s) are still available, but have changed in sales price on the web site, we will apply the new sales price, either reimbursing you the difference by check, or asking for a complementary check to cover the increased price/ We decline any responsibility for delays in delivery due to the transport agency, notably in the case of the loss of products or strikes.
Article 13: Delivery problems due to the transport agency
Any anomaly concerning the delivery (damage, missing product with respect to the delivery form, damaged package, broken products, etc.), must imperatively be noted on the delivery form in the form of “written complaints”, accompanied by the customer’s signature. The consumer must at the same time confirm this anomaly by addressing to the transport agency within two (2) working days following delivery, a registered letter with notice of reception setting out these grievances. The consumer must transmit a copy of this letter by fax or ordinary mail to:
Designertoyz - Service Client
39/41 rue Saint Fargeau
75020 Paris - France
Article 14: Errors in delivery
14-a: The consumer must inform the Designertoyz company on the same day as the delivery or at latest the first working day following delivery, of any complaint concerning an error in delivery and/or non-conformity of the products in nature or in quality with respect to the indications appearing on the order form. Any complaint made after this period will be rejected.
14-b: The formulation of this complaint to the Designertoyz company can be made by telephone at xx xx xx xx from Monday to Friday from 9am to 12am, or by sending us an e-mail with the subject heading “complaint about order”, reminding us of your customer number, along with the order reference and the nature of the error.
14-c: Any complaint which is not made according to these rules and within the specified period will not be taken into account and will release the Designertoyz company from any responsibility with respect to the consumer.
14-d: Upon receiving a complaint, the Designertoyz company will attribute an exchange number for the product(s) concerned, and communicate it by e-mail, fax, or telephone to the consumer. The exchange of a product can only take place after the attribution of an exchange number according to the procedure outlined above.
14-e: In the case of an error in delivery or in exchange, any product to be exchanged or to be reimbursed must be sent back to the Designertoyz company in its entirety and int its original packaging, by means of Colissimo Recommandé, to the following address:
Designertoyz - Service retour
39/41 rue Saint Fargeau
75020 Paris - France
To be accepted, prior notice of any return must be given to Customer Service at the Designertoyz company. The shipping costs will be borne by the Designertoyz company, except in the case that the product taken back does not correspond with that indicated in the original declaration made by the consumer on the return form.
Article 15: Guarantee of products
In accordance with Article 4 of Décret n°78-464 of 24 March 1978 by the French Government, the dispositions herein cannot deprive the consumer of the legal guarantee that obliges the professional seller to guarantee him against any consequences of hidden defects in the item sold. The consumer is specifically informed that the Designertoyz company is not the producer of the products presented in the context of the web site, in the sense of the French law n°98-389 of 19 May 1998 concerning actual responsibility for defective products. Consequently, in the case of damages to a person or a good caused a defect in the product, only the responsibility of the producer of said product can be sought by the consumer, on the basis of the information provided by the packaging of that product.
Article 16: Right of retraction
The consumer disposes of a delay of 10 working days to return, at his or her own cost, products that are not suitable to him or her. This period runs from the day of delivery of the order to the consumer. If the period expires on a Saturday, Sunday, or a public holiday, it is prolonged until the first working day that follows. Prior notice of any such return must be given to Customer Service at the Designertoyz company, contacting us by e-mail with the subject heading “Retraction” – or by telephone at xx xx xx xx Monday-Saturday from 9am-12noon, - and giving your customer number. You will obtain your order number. The product must be returned by means of Colissimo Recommandé to:
Designertoyz - Service retour
39/41 rue Saint Fargeau
75020 Paris - France
Products should not have been unsealed, in order for the consumer to benefit from the right of retraction. Only products sent in their entirety, in their complete and intact original packaging, and in a fit state to be resold, will be taken back. Any product that has been damaged, or whose original packaging has been deteriorated, will not be reimbursed or exchanged.
This right of retraction is exercised without penalty, except for the costs of return. If exercising the right of retraction, the consumer has the choice of requesting either the reimbursement of the amounts paid, or the exchange of the product. In the case of an exchange, the costs of shipping the replacement product will be charged to the consumer.
In the case that the right of retraction is exercised, the Designertoyz company will make every effort to reimburse the consumer within a period of 15 days. The consumer will then be reimbursed by re-crediting his bank account (by means of a secure transaction) in the case of payment by credit card, or by check in other cases.
Article 17 : Force majeure
Neither of the two parties will have failed in their contractual obligations, to the extent that their performance has been delayed, hindered, or prevented by a fortuitous case or a force majeure. It shall be considered a fortuitous case or a force majeure any fact or circumstance that is irresistible, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will inform the other party within a delay of ten working days following the date on which it learned of them. The two parties will then come together, with the period of a month, except where this is impossible due to force majeure, to examine the incidence of the event and to agree on conditions under which the contract will continue to be carried out. If the case of force majeure lasts for a period longer than three months, the present general conditions shall be canceled by the injured party. Expressly, the following shall be considered cases of force majeure or fortuitous case, in additionally to those usually retained by the jurisprudence of the French courts of law: blockage of the means of transport or supply, earthquakes, fires, storms, floods, lightning, the halting of telecommunications networks or difficulties pertaining to telecommunications networks not attributable to its customers.
Article 18: Partial non-validation
If one or more stipulations of the present general conditions are held as not valid or declared such in application of a law, a regulation, or pursuant to a definitive ruling by a competent jurisdiction, the other stipulations will retain their entire force and extent.
Article 19: Non-renunciation
The fact that one of the parties has not taken action in the face of a breach by the other party in observing the present general conditions will not be interpreted in the future as a renunciation to the obligation in question.
Article 20: Title
In the case of difficulty in interpreting between any one of the titles placed at the head of the Articles, and any one of the Articles, the titles will be declared non-existent.
Article 21: Applicable law
The present general conditions are subject to French law, as regards both the substantive rules and the rules of form. In the case of a dispute or a complaint, the consumer will first address the Designertoyz company to obtain an amicable solution. Following that and by way of recourse, the consumer can lodge a complaint with the French law courts, who are solely competent in these matters.
Article 22: Information technology and freedom
The information requested from the consumer are necessary to process his or her order and may be communicated to the contractual partners of the Designertoyz company in the context of fulfilling this order. The consumer may write to the Designertoyz company whose address and other contact information are to be found the confidentiality charter that features on the web site, to oppose such communication, or to exercise his or her rights of access and to rectification with respect to the information concerning him or her that is contained in the files of the Designertoyz company, under the conditions laid down in the French law of 6 January 1978.
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