These general conditions of sale apply to all sales made on the Leroy du Jouet website. The www.leroydujouet.com website is a service of: The individual company Leroy du Jouet located 4 Rue du Parc du Lys, 61200 SARCEAUX, France Site URL address: www.leroydujouet.com email: leroy-du-toy (at) live.fr phone: 0627140620
The Leroy du Jouet website markets the following products: toys.
The customer declares that he has read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.
● Article 1 - Principles These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels. They are accessible on the Leroy du Jouet website and will prevail, if necessary, over any other version or any other contradictory document. The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They are applicable as soon as they are put online. If a condition of sale were to fail, it would be considered to be governed by the customs in force in the distance selling sector whose companies are headquartered in France. These general conditions of sale are valid until March 31, 2020.
● Article 2 - Content The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the Leroy du Jouet website. These conditions only relate to purchases made on the Leroy du Jouet site and delivered exclusively in mainland France or Corsica. For any delivery in the DOM-TOM or abroad, a message should be sent to the following email address: firstname.lastname@example.org. These purchases relate to the following products: Toys.
● Article 3 - Informations précontractuelles L'acheteur reconnaît avoir eu communication, préalablement à la passation de sa commande et à la conclusion du contrat, d'une manière lisible et compréhensible, des présentes conditions générales de vente et de toutes les informations listées à l'article L.221-5 du code de la consommation. Sont transmises à l'acheteur, de manière claire et compréhensible, les informations suivantes: -les caractéristiques essentielles du bien -le prix du bien et/ou le mode de calcul du prix -et, s'il y a lieu, tous les frais supplémentaires de transport, de livraison ou d'affranchissement et tous les autres frais éventuels exigibles. -en l'absence d'exécution immédiate du contrat, la date ou le délai auquel le vendeur s'engage à livrer le bien, quel que soit le prix -les informations relatives à l'identité du vendeur, à ses coordonnées postales, téléphoniques et électroniques, et à ses activités, celles relatives aux garanties légales, aux fonctionnalités du contenu numérique et, le cas échéant, à son interopérabilité, à l'existence et aux modalités de mise en oeuvre des garanties et autres conditions contractuelles.
● Article 4 - The order The buyer has the possibility of placing his order online, from the online catalog and by means of the form which appears there, for any product, within the limits of available stocks. The buyer will be informed of any unavailability of the product or the ordered good. For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He must also choose the address and delivery method, and finally validate the method of payment. The sale will be considered final: - after the seller has sent confirmation of the order acceptance by the seller by email - and after receipt by the seller of the full price. Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below. In some cases, including default of payment, wrong address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. For any question relating to the follow-up of an order, the buyer must call the following telephone number: 0627140620 (cost of a normal call), on the following days and times: Monday to Friday from 9h to 18h, or send a Mail to the seller at the following email address: email@example.com.
● Article 5 - Electronic signature The online supply of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement: -countability of sums due under the order form -signature and express acceptance of all operations carried out. In the event of fraudulent use of the bank card, the buyer is invited, as soon as this usage is observed, to contact the seller at the following number: 0627140620.
● Article 6- Order confirmation The seller provides the buyer with a copy of the contract by email.
● Article 7- Proof of the transaction The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
● Article 8 - Product information The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller's responsibility could not be engaged. The photographs of the products are not contractual.
● Article 9 - Price The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on this date. Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be reflected in the sale price of the products.
● Article 10 - Method of payment This is an order with payment obligation, which means that placing the order implies payment by the buyer. To settle his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller's site. The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization to pay by bank card from officially accredited bodies or in the event of non-payment. The seller notably reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially settled a previous order or with whom a payment dispute is being administered . The payment of the price is made in full on the day of the order, according to the following terms: -by credit card, Paypal or check.
● Article 11 - Product availability - Refund - Resolution Except in cases of force majeure or during the periods of closure of the online store which would be clearly announced on the home page of the site, the shipping times will be, within limit of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email. For deliveries in mainland France and Corsica, the time limit is 48 hours maximum from the day following that on which the buyer placed his order, according to the following methods: Colissimo or Priority Letter 24 hours. At the latest, the period will be 30 working days after the conclusion of the contract. For deliveries in the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case-by-case basis. In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to execute it within a reasonable additional time. In the absence of performance at the expiration of this new period, the buyer must, before breaking the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. The contract will be considered as canceled upon receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime. The buyer may however immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract. In this case, when the contract is canceled, the seller is obliged to reimburse the buyer for all the sums paid, at the latest within 14 days of the date on which the contract was terminated. In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the possibility to cancel his order. The buyer will then have the choice of requesting either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
● Article 12 - Delivery methods Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered in the manner and within the time period specified above. The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete address will be redirected at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the The buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the parcel to be collected at the place and during the period indicated. If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because opened or damaged). The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products ....) This verification is considered to have been made once the buyer, or a person authorized by him, has signed the delivery slip. The buyer must then confirm these reservations to the carrier by registered mail at the latest within 2 working days of receipt of the item (s) and transmit a copy of this letter by fax or simple mail to the seller at the address indicated in the notices. legal notices. If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made after this time cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions ...)
● Article 13 - Delivery errors The buyer must formulate to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and / or non-conformity of the products in nature or quality compared to the indications appearing on the order form. Any complaint made beyond this period will be rejected. The complaint can be made, at the choice of the buyer: -phone number: 0627140620 -email address: firstname.lastname@example.org Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from all responsibility towards the buyer. Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number. In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in its original packaging, in registered Colissimo, to the following address: 4 Rue du Parc du Lys, 61200 SEALS. Return costs are the responsibility of the seller.
● Article 14 - Guarantee of products Legal guarantee of conformity and legal guarantee of hidden defects Leroy du Jouet is guarantor of the conformity of goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code or the guarantee of defects in the thing sold within the meaning of articles 1641 and following of the civil code. In the event of implementation of the legal guarantee of conformity, it is recalled that: -the buyer has a period of 2 years from the delivery of the goods to act -the buyer can choose between repair or replacement of the good, subject to the cost conditions provided for by article L 217-17 of the consumer code -the buyer does not have to provide proof of non-conformity of the good during the 24 months in case of goods new, following the delivery of the goods. In addition, it is recalled that: - the legal guarantee of conformity applies independently of the commercial guarantee indicated below - the buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of the 'article 1641 of the civil code. In this case, he can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.
● Commercial guarantee The products sold are also covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or improper use or resulting from a cause unrelated to the intrinsic qualities of the products.
● Article 15 - Right of withdrawal Application of the right of withdrawal In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him not and request the exchange or refund without penalty, except for the return costs which remain the responsibility of the buyer. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not accepted. The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of complaint is accepted. It must be unambiguous and express the will to retract. If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased (s) is reimbursed and the delivery costs are reimbursed. Return costs are the responsibility of the buyer. The exchange (subject to availability) or refund will be made within 14 days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer within the conditions set out above.
● Exceptions According to article L 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts: -of supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period; -the supply of goods made according to the consumer's specifications or clearly personalized; -the supply of goods liable to deteriorate or expire quickly; -of supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; -of supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles; -the supply of alcoholic beverages whose delivery is deferred beyond 30 days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional; - maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency; -the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; -the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications; -of supply of digital content not supplied on a material medium, the execution of which has started after the express prior agreement of the consumer and express waiver of his right of withdrawal.
● Article 16- Force majeure Any circumstances beyond the control of the parties preventing the execution of their obligations under normal conditions are considered as grounds for exemption from the obligations of the parties and result in their suspension. The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance. Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible. Expressly, force majeure or fortuitous events are considered, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stopping telecommunications networks or difficulties specific to telecommunications networks external to customers. The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
● Article 17 - Intellectual property The content of the website remains the property of the seller, the sole holder of the intellectual property rights over this content. Buyers agree to make no use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
● Article 18 - Data protection The personal data provided by the buyer are necessary for the processing of his order and the preparation of invoices. They can be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The processing of information communicated via the website: Leroy du Jouet has been declared to the CNIL. The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the Leroy du Jouet site.
● Article 19 - Partial non-validation If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court , the other stipulations will keep their full force and scope.
● Article 20 - Non-waiver The fact for one of the parties not to claim a failure by the other party to any of the obligations referred to in these general conditions can not be interpreted for the future as a waiver of the obligation in question.
● Article 21 - Title In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
● Article 22 - Language of the contract These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
● Article 23 - Mediation The buyer may use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative method of settling disputes (conciliation, for example) in case of dispute.
● Article 24 - Applicable law These general conditions are subject to the application of French law. The competent court is the district court for disputes the amount of which is less than or equal to 10,000 euros or the district court for disputes of which the amount is greater than 10,000 euros. This is the case with the substantive rules as well as with the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.