General terms and conditions
PREAMBLE - LEGAL INFORMATION
The website https://www.toasties-paris.com/ (the "Site") is published by BETTYLYE, a simplified joint stock company with a single shareholder, whose registered office is located at ZI Ricardens, 81390 BRIATEXTE, registered with the CASTRES Trade and Companies Register under number 824 056 329, whose intra-community VAT number is FR33824056329 (hereinafter "Toasties").
ARTICLE I - APPLICATION OF THE GENERAL TERMS OF SALE
The general terms and conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") with Toasties by any person (the "Customer").
The Customer must read the GTC prior to placing any order (the "Order"), the GTC being available on the Website.
Toasties reserves the right to adapt or modify these GTC at any time. The version of the GTC applicable to any sale is the one available online on the Website at the time of the Order.
Therefore, placing an Order requires the Customer's prior and unconditional agreement to the GTC by clicking on the "I have read and accept the general terms and conditions of sale" button.
ARTICLE II - PRODUCTS
The Products offered for sale are those described on the Site on the day the Customer consults the Site, subject to availability. These indications are updated regularly. However, Toasties cannot be held responsible for any error in the update, regardless of its origin. In this respect, Toasties cannot be held responsible for the cancellation of an Order or a Product due to the exhaustion of stocks.
Despite the care taken in the presentation and description of its Products in order to provide the Client with the best possible information, it is nevertheless possible that errors may appear on the Website, which the Client acknowledges and accepts.
Toasties does not guarantee the accuracy or security of information transmitted or obtained through the Website.
It is possible that the Customer may receive a returned item following an Order, it being specified that only undamaged and unworn Products are accepted and that these two conditions are checked before the item is returned to stock.
ARTICLE III - ORDERS
Terms and conditions of the Order
Orders placed on the Website are subject to compliance with the procedure set up by Toasties on the Website, which consists of several successive steps leading to the validation of the Order.
The Customer may select as many Products as he/she wishes. These Product(s) will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and the related expenses. The Customer may freely modify the Shopping Cart before validating the Order.
Validation of the Order shall constitute confirmation of the Customer's acceptance of the Terms and Conditions of Sale, the Products purchased, their prices and the associated costs.
Toasties will send the Client an e-mail confirmation of the Order (including the Product(s), price, availability of the Product(s), quantity, etc.). To this end, the Client formally accepts the use of e-mail for confirmation by Toasties of the content of the Order. Invoices are available in the "my account" section of the Website or sent by e-mail for an Order without registration.
The Order will be processed by Toasties within an average of 48 to 72 hours, although longer delays may apply, which the Customer acknowledges and accepts.
Refusal to process an Order
Toasties reserves the right to remove any Product displayed on the Website at any time and to replace or modify any content or information contained therein.
Despite Toasties' best efforts to satisfy its clients' expectations, Toasties may refuse to process an Order after having sent the Client the confirmation e-mail summarizing the Order.
Toasties shall not be liable to the Customer or any third party for the harmful consequences of the removal of a Product from the Website, or the replacement or modification of any content or information appearing on the Website, or the refusal to process an Order after the confirmation e-mail summarizing the Order has been sent.
Toasties also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or a suspicion of fraud.
ARTICLE IV. PRICES AND PAYMENT TERMS
The prices of the products are indicated on the Site in euros, including VAT, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier for shipments for which these fees and other taxes apply.
All prices displayed are calculated and include the value added tax (VAT) applicable in France.
Toasties reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of the registration and payment of the Order, subject to availability.
The Products are payable in cash at the time of the effective Order.
Payment for purchases is made either via Paypal or via the secure platform of our payment provider STRIPE.
The Customer expressly acknowledges that the communication of his/her credit card number to Toasties is equivalent to authorizing the debiting of his/her Account for the price of the Products ordered. If necessary, Toasties will send the Client notification of the cancellation of an Order due to non-payment at the e-mail address provided by the Client when ordering on the Website.
The data recorded and kept by Toasties constitutes proof of the Order and of all sales made. The data recorded by Paypal or the payment service provider constitutes proof of any financial transaction between the Client and Toasties.
Article V. DELIVERY
Delivery means the transfer to the Customer of the physical possession of the Products (the "Delivery").
The Delivery charges applicable to the Order are those mentioned on the Site at the time of the Order under the heading "Delivery and Returns".
The risk of loss or deterioration is transferred to the Customer upon delivery of the Product to the carrier when the latter is in charge of the transport by the Customer. Therefore, Toasties is not responsible for the loss or damage of the package by the carrier.
Service provider(s) and delivery methods
Delivery is made to the delivery address indicated by the Customer, it being specified that this address must be the Customer's home address, that of a natural person of his choice or that of a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes.
In the event that the Delivery cannot be made due to an erroneous delivery address or the failure of the Customer to collect the Order from the selected collection point, no re-shipment will be made and the Customer will be reimbursed within fifteen (15) days from the date of receipt of the Order by Toasties.
These costs will be communicated during the Order taking process.
Toasties ships Orders within a maximum of five (5) days, this period being counted from the first business day after the Order is validated.
In order for these deadlines to be met, the Client must ensure that he/she has provided accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
Toasties shall not be held responsible for any delay in delivery that is not its fault or that is justified by a case of force majeure (as defined below).
In the event that Toasties exceeds the delivery time, the Customer may request the cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum of fourteen (14) days of the request. Notwithstanding the foregoing, Toasties shall not be held responsible for any consequences resulting from a delay in delivery, and only the reimbursement of the Product by Toasties shall be possible to the exclusion of any other form of compensation.
ARTICLE VI - RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
Time limit and terms for exercising the right of withdrawal
In accordance with article L.221-18 of the French Consumer Code, the non-professional Client has a period of fourteen (14) days from the date of receipt of the Order to exercise his or her right of withdrawal from Toasties, without having to give any reason for his or her decision.
The right of withdrawal may be exercised by sending an e-mail to firstname.lastname@example.org
Terms and conditions for returning the Order within the framework of the right of withdrawal
The right of withdrawal shall be exercised without penalty.
The Customer shall return the Order, at the latest, within fourteen (14) days following the communication of its decision to withdraw in accordance with Article L. 221-21 of the French Consumer Code.
Beyond this fourteen (14) day period, the sale is firm and final.
The Product must be returned in its original packaging, in its original condition, new, with the original label, unworn, unwashed.
To make a return, the Customer must return the Product(s) to the following address
BETTYLYE - TOASTIES
The Customer must use a shipping method that includes a tracking method.
The cost of returning the Products is at the Customer's expense and risk.
Refunds for Products returned under the right of retraction
Toasties will reimburse the Order or Product no later than fourteen (14) days from the date on which it receives and has checked the condition of the returned Product(s). A damaged product or one that has been worn will not be eligible for a refund.
However, reimbursement is subject to Toasties having been able to recover the Products that are the object of the return and the request for reimbursement.
Toasties will make the refund using the same payment method that was used to pay for the Order. If this method of payment has expired, the Client must contact customer service to change the method of reimbursement, at no cost to the consumer. Toasties shall not be liable for any refund on an expired payment method.
The refund of an order paid with a gift card, a gift card or a credit note, will be automatically refunded as a credit note.
If the Customer fails to comply with these GTC, Toasties will not be able to refund the Products concerned.
ARTICLE VII - EXCHANGE
You may also request an exchange within fourteen (14) days of receipt of the Order, under the same terms and conditions as for returns of the Order within the framework of the right of retraction set out in the article "RIGHT OF RETRACTION - REFUNDS AND RETURNS".
Upon receipt by Toasties of the Order or the Product and after verification of the condition of the returned Products. The exchanged Products will be sent in the same manner as described in the article "DELIVERY".
As a reminder, you will be responsible for the return shipping costs. However, if the exchange follows a Product delivered to the Customer that is different from or does not conform to the Product ordered, the return shipping costs will be borne by Toasties.
ARTICLE VIII - INSPECTION OF THE ORDER OR PRODUCT UPON RECEIPT BY THE CUSTOMER
Despite the great care taken by Toasties with regard to the Products, we recommend that you inspect the Product(s) upon receipt of the Order.
In the event that the Product delivered does not correspond to the Sales Order, please notify Toasties of this by e-mail within three (3) days following the delivery.
The Product delivered that does not conform to the Order may be replaced or repaired in the first instance, and ultimately reimbursed at the discretion of Toasties.
Return shipping costs will only be reimbursed in the event of non-conformity of the Order.
ARTICLE IX. LIMITATION OF LIABILITY
Toasties' liability with respect to any Product purchased on the Website is strictly limited to the purchase price of the latter. Toasties shall in no case be liable for the following losses, regardless of their origin: loss of opportunity, in particular to order a Product, loss of income or sales, loss of operations, loss of profits or contracts, loss of anticipated savings, loss of data, loss of work or management time, image damage, moral prejudice.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, with the exception of the warranties provided by law.
Toasties makes no warranty regarding any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any Content by Customer, the software used by Customer to download the Content, the Site or the server that makes it available. In this regard, Customer acknowledges that it is Customer's responsibility to install appropriate anti-virus and security software on Customer's computer hardware and other devices to protect against harmful bugs, viruses and other such programming routines.
Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage to its computer system or loss of data that results from the download of such content.
Toasties is only obliged to deliver Products that comply with the contractual provisions. Products shall be deemed to be in conformity with the contractual provisions if the following conditions are met: (i) they must comply with the description and possess the characteristics set out on the Website; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same kind and that can reasonably be expected.
It should be noted that each Toasties Product is unique and contains natural woolly skin. Thus, the Products may present certain irregularities due to the natural and organic state of the raw material, which cannot in any way engage the responsibility of Toasties or call into question their conformity.
ARTICLE X - GUARANTEES
Toasties guarantees consumers against any lack of conformity and hidden defects for the Products sold on the Site under the following conditions:
All the products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the French Civil Code), allowing the Customer to return defective or non-compliant Products at no cost.
Legal guarantee of conformity
Article L217-4 of the French Consumer Code: "The seller is required to deliver goods that conform to the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility. "
Article L211-5 of the Consumer Code: "To be in conformity with the contract, the goods must:
1) Be fit for the purpose usually expected of similar goods and, where appropriate :
correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
Warranty against hidden defects
Article 1641 of the Civil Code: "The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them. "
Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be discharged from the defects or apparent lack of conformity. "
Within the framework of the legal guarantee for hidden defects, Toasties, at the Customer's option, undertakes, after evaluation of the defect:
- Either to refund the full price of the returned Product,
- Or to reimburse a part of the price of the product if the Client decides to keep the product.
Exclusion of guarantees
Products that have been modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty will not apply to visible defects. The warranty will not cover Products damaged during transport after delivery or due to misuse.
Terms of implementation of the guarantees
Within the framework of the legal guarantee of conformity, the Customer:
(i) has a period of two (2) years from the date of delivery of the goods to act;
(ii) may choose between repair or replacement of the good, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;
(iii) is exempted from proving the existence of the lack of conformity of the good during the two years.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The Customer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
For any request concerning the legal guarantees, the Customer must contact Toasties at the following e-mail address email@example.com.
These provisions are not exclusive of the right of withdrawal defined in Article VI above.
Consequences of the implementation of legal guarantees
Within the framework of the legal guarantee of conformity, Toasties undertakes, at the Customer's choice
- either to replace the Product with an identical product depending on available stocks,
- or to reimburse the price of the Product if the replacement of a Product proves impossible.
Within the framework of the legal guarantee for hidden defects, Toasties, depending on the Customer's choice, undertakes, after evaluating the defect
- either to reimburse the Customer for the full price of the returned Product, or to reimburse the Customer for part of the price of the Product if the Customer decides to keep the Product.
ARTICLE XI - FORCE MAJEURE
In the event of a force majeure event preventing the execution of these GTC, Toasties shall inform the Customer within fifteen (15) days of the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. In addition to those usually accepted by French jurisprudence, the following are expressly considered as cases of force majeure or fortuitous events: total or partial strikes, pandemics, lockdowns, administrative closures, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Toasties or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
ARTICLE XII - RETENTION OF TITLE
Toasties retains full ownership of the Products sold until the full price, including all fees, taxes and compulsory contributions, has been received.
ARTICLE XIII - PARTIAL INVALIDITY
If one or more of the stipulations of the present GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
ARTICLE XIV - NON-WAIVER
No tolerance, inaction or inertia on the part of Toasties may be interpreted as a waiver of its rights under the GTC.
ARTICLE XV -. MEDIATION - APPLICABLE LAW - COMPETENT JURISDICTION - LANGUAGE
The sale of Products is subject to French law.
In the event of a claim not amicably resolved by the Customer Service, the Customer may also contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ .
In the absence of an amicable resolution, any dispute relating to the interpretation of the GTC, the execution or breach of a sale, the interpretation, execution or termination of the present terms and conditions shall be submitted, in the absence of an amicable agreement, to the legally competent courts.
The present GTC and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
APPENDIX 1: SAMPLE WITHDRAWAL FORM
(Complete and return this form and the order number only if you wish to withdraw from the contract. We advise you to specify your order number)
To the attention of BETTYLYE Toasties 3 rue Alexandre Parodi 75010 Paris - firstname.lastname@example.org
E-mail : _________________________________
I hereby notify you of my withdrawal from the contract concerning the sale of the product(s) below:
Ordered on ____________(date of order) and/or received on ___________(date of delivery)
Name of the consumer customer: ______________
Address of the Consumer : ____________
Signature of the Consumer (only in case of notification of this form on paper)