Terms of service
General Terms and Conditions of Sale
We will designate hereafter :
"Site": the website https://www.candylabtoys.fr
"Seller" or "Company": The Company PONPON SASU with a capital of 1500 euros; 251, rue Saint-Martin, 75003, Paris; Telephone 01 58 59 00 81; E-mail address assistant@candylabtoys.fr; RCS of Paris n°494 372 048
The Internet user visiting the Site and interested in the Products and Services offered by the Vendor is invited to read these GTC carefully, to print them and/or to save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the GTC and accepts them in full and without reservation.
Preamble
The seller markets Products and Services through the Site. The list and description of the Products and Services offered by the Vendor can be consulted on the product pages.
Article 1 - Purpose
The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2 - Prices
The prices of our products are indicated in euros including all taxes (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs.
In case of order towards a country other than metropolitan France, the Buyer is the importer of the concerned products. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not under the responsibility of the Company. They shall be borne by the Buyer and are the Buyer's sole responsibility, both in terms of declarations and payments to the competent authorities and organizations in the Buyer's country. We advise you to inquire about these aspects with your local authorities.
All orders, whatever their origin, are payable in Euros.
The Company reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability.
The products remain the property of the Company until full payment of the price.
As soon as the Customer takes physical possession of the ordered products, the risks of loss or damage of the products are transferred to him.
Article 3 - Orders
The buyer can place an order on the Site. The contractual information is presented in French and will be confirmed at the latest at the time of validation of your order.
The Company reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Article 4 - Validation of your order
Any order appearing on the Site implies the adherence to the present General Conditions. Any confirmation of an order implies the full and complete adherence of the Buyer to the present General Conditions of Sale, without exception or reservation.
All the data provided and the recorded confirmation will be worth proof of the transaction.
The buyer declares to have perfect knowledge of it.
The confirmation of the order will be worth signature and acceptance of the operations carried out.
A summary of the information of your order as well as a link towards the present General Conditions, will be communicated to you via the e-mail address of confirmation of your order.
Article 5 - Payment
The fact of validating your order implies for the Buyer the obligation to pay the price indicated.
The payment of your purchases is made by credit card through the secure system Stripe.
The debit of the card is carried out only at the time of the forwarding of the order.
Article 6 - Withdrawal
In accordance with the provisions of Article L.121-21 of the Consumer Code, the Buyer has a withdrawal period of 14 days from the receipt of his products to exercise his right of withdrawal without having to justify reasons or pay penalties.
The returns are to be made in their original condition and complete (packaging, accessories, instructions). In this context, the responsibility of the buyer is engaged. Any damage suffered by the product on this occasion may be of a nature to defeat the right of withdrawal.
The return costs are at the charge of the Company if the returns come from the following countries: France, Belgium, Luxembourg. Otherwise, the return costs are at the expense of the Buyer.
In case of exercising the right of withdrawal, the Company will proceed to the reimbursement of the sums paid, within 14 days following the notification of your request and via the same means of payment as the one used during the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
The supply of goods made to the specifications of the consumer or clearly personalized.
The supply of goods likely to deteriorate or expire quickly.
Article 7- Availability
Our products are offered as long as they are visible on the Site and within the limits of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers.
In case of unavailability of product after placing your order, the Company will inform the Buyer by email. The order will be automatically cancelled and no bank debit will be made.
Article 8 - Delivery
The products are delivered to the delivery address indicated during the ordering process, within the period indicated on the page "Deliveries and returns".
In case of delay in shipping, an email will be sent to the Buyer to inform him of a possible consequence on the delivery time indicated.
In accordance with the legal provisions, in the event of delay in delivery, the Purchaser benefits from the possibility of cancelling the order under the conditions and modalities defined in article L 138-2 of the Consumer Code. If in the meantime the Buyer receives the product, the Seller will proceed to reimburse him/her and the shipping costs under the conditions of article L 138-3 of the Consumer Code.
In case of deliveries by a carrier, the Company cannot be held responsible for any delay in delivery due exclusively to the Customer's unavailability after several proposed appointments.
Article 9 - Warranty
All our products benefit from the legal guarantee of conformity and the guarantee of the hidden defects, envisaged by the articles 1641 and following of the Civil code. In case of non-conformity of a product sold, it can be returned, exchanged or refunded.
All claims, requests for exchange or refund must be made by mail within 30 days of delivery.
The products must be returned to the Company in the state in which the Customer received them with all the elements (accessories, packaging, instructions...). The shipping costs will be reimbursed to the Customer on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of the receipts.
The provisions of this Article do not prevent the Buyer from benefiting from the right of withdrawal provided for in Article 6.
Article 10 - Responsibility
The products offered are in accordance with the French legislation in force. The responsibility of the Company cannot be engaged in case of non respect of the legislation of the country where the product is delivered. It is the Customer's responsibility to check with the local authorities the possibilities of importing or using the products or services he/she intends to order.
Furthermore, the Company shall not be held responsible for any damage resulting from the misuse of the product purchased.
Finally, the Company shall not be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses.
Article 11 - Applicable law in case of disputes
The language of this contract is the French language. The present conditions of sale are subject to French law. In case of dispute, the French courts will have exclusive jurisdiction.
Article 12 - Personal data
The Company reserves the right to collect nominative information and personal data concerning the Customer. They are necessary for the management of the orders, as well as for the improvement of the services and information that the Seller makes available to the Buyer.
It may also be transmitted to companies that contribute to this relationship, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, you have a right of access, rectification and opposition to personal information and personal data concerning you, directly on the website.
Article 13 - Archiving
The Company shall archive the order forms and invoices on a reliable and durable medium constituting a true copy.
The computerized records of the Company will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.