1. Legal Notice

Publisher of the Website

The website accessible at www.mascottes-animaux.com (hereinafter the ” Website ” or the ” Site “) Is published by the individual company begoon, represented by Ms Leprince, whose registered office is 15 Place Michelet 37000 Tours – France , registered in the RCS of Tours under the number 947 907 444 – VAT not applicable pursuant to Article 293 C of the General Tax Code .

(Hereinafter referred to as “the Company “)

CNIL Declaration

The Website has been the subject of the following declaration to the CNIL :

– Declaration NS48 n 2146331 To 0

Customer Contact

– Email : contact @ mascottes-animaux.com

– Phone : 0750075970

– Mail : sis 15 Place Michelet 37000 Tours – France

Website Host

Wevox, Jahon, 43300 Langeac. Such : 0899 492 350.

2. Object – Validation – Acceptance

2.1. These General Terms and Conditions of Sale (hereinafter ” Terms “) Define, on the one hand, the legal framework for the use of the services offered by the Company (hereinafter Services “) On the Website by the users (hereinafter ” the users »Or « customers “), As well as the relationships that may be established between them on the Site, these with the rights that are recognized to them, but also with the duties, regardless of what is referred to herein.

It is specified as necessary, that the Customer can save or print these Terms , provided however that they do not modify them.

The version of the GTCS available on the Website shall prevail, as the case may be, on any other version of these presents, with the excepxion of the modifications which would have occurred after its use of the Services and this, in accordance with the common law.

These Terms and Conditions have been updated on 14/03/2018.

Subsequent changes to these Terms and Conditions will be binding on Users of the Website as soon as they are posted online.

2.2. The Website is an online sales site or e-commerce, which offers the sale and delivery of disguises of the mascot type , intended for an audience over 15 years of age (hereinafter the product “).

3. Definitions

In these GTCS , it is agreed that the following expressions or words, whether used in the singular or the plural, shall have the following meaning:

– Customer or User : means any User of the Website who buys a Product offered for sale by the Company on the Website and wishes to use the Services of the Company as defined in this article 3.

– ID code : refers to all information relating to each User who wishes to create an account, consisting of an identifier (Name, first name and email address) and a secure password chosen by the latter in order to access his own account User.

– Order : means any order of Products by a Customer via the Website, carried out under the conditions of Article 7.

– User account : means the module of the Website dedicated to Users and all information specific to their status and the use of the Services provided by the Company.

– Product Sheets : means the sheets provided by the Supplier to the Company and published on the Website, which accompany each Product in order to describe its characteristics.

– Provider : means the natural or legal person who provides the Company with the Products offered for sale on the Website.

– Products : Refers disguises types mascots, aimed at an audience aged over 15 years, s proposed sale by the Company via the Website accessible at www.mascottes-animaux.com .

– Price : refers to the total amount that the Customer agrees to pay directly through the Website to order and purchase the Products he has selected. The price of each Product is indicated in euros and does not include delivery charges for the Product.

– Services : means the services provided by the Company, which consist of offering for sale a Product on the Website that it publishes.

– Website or Website : means the site published by the Company and accessible at www.mascottes-animaux.com

– Society : refers to the sole proprietorship begoon, represented by Ms Leprince, whose registered office is 15 Place Michelet 37000 Tours  – France , registered in the RCS of Chartes under the number 531 025 294 – VAT not applicable pursuant to Article 293 C of the General Tax Code .

4. Verification of the adequacy of needs for services

The User of the Website hereby declares that he has previously verified the adequacy of the Services of said Website to his needs.

He declares and warrants that he has received from the Company all the information and advice that he needs to subscribe to these General Terms and Conditions of Sale and that he therefore waives any dispute on this point.

It is therefore up to the User to verify that the Services offered on the Website are adapxed to his needs.

The User further declares that he has the knowledge, skills and resources, including human and technical, required for the use of said Services.

5. Entry into force – duration

These Terms are applicable throughout the duration of navigation and access of the User on the Site and for the duration of use of the Services by the User.

The User is informed that the Terms will be subject to any time an update in terms of section 2 3 hereof.

6. Membership and registration

The simple navigation on the Site is free and free. However, the User must, in order to order Products, register and create a User Account under the conditions of this article.

The creation of the Account is free and free and its validation is done by email.

6.1 Creation of the User Account

On the occasion of his registration, the Customer must provide on the Site his username (last name, first name, and email address) and create a password.

All these elements constitute its code identifiers, as defined in section ” definitions “Herein.

The Customer agrees not to choose any identifier infringing the rights of a third party and therefore refrains from using an identifier infringing an intellectual property right, a trademark, a corporate name or a trademark. surname, without this list being exhaustive.

In addition, the Customer may complete and / or modify some of the information in his User Account at any time via the Customer Area.

The Customer is informed that the Company could be required at any time to remove discretion Customer User Account for non-compliance with the provisions of these Terms by the Customer that it expressly accepxs.

6.2 Use and responsibility for the use of the User Account

Each User accepxs full responsibility for the use made of its codes as identifiers of the Website.

He undertakes to carry out under his own Identification Codes all the acts within his User Account.

Similarly, all acts performed under these Identifier Codes will be considered to have been performed by itself.

In case of forgetfulness, misuse or unauthorized use of its User IDs by another User, the responsibility of the Company can not be engaged in any case and the User must immediately inform the Company of this situation, by email at address next [email protected] , or by mail to the following address : sis 15 Place Michelet 37000 Tours – France.

Upon receipx of this duly justified written notification, the Company will proceed to the study of the file and may, for security reasons, suspend any access to the User Account.

The Company will process the request of the User as soon as possible and will send back by e-mail the new Identification Codes after verification of his identity.

The User remains responsible for the use of his User Account by third parties until the modification by the Company of the Identifying Codes, so the User guarantees the Company of any action or claim concerning the loss of data resulting from the loss or the fraudulent use of its Identification Codes.

The User agrees that the computer or electronic recordings made by the Company and / or its suppliers for the delivery of the Services, of all operations performed in particular through its User Account, may be opposed or used before any administrative authority and / or judicial competent as evidence.

6.3 Right of access, modification and deletion of personal data

The User has a right to access, modify, rectify and delete data concerning him / her, being informed that the Website has been the subject of a declaration to the CNIL under the following receipx number :

– Declaration NS48 n 2146331 To 0

and this, in accordance with the law ” Informatique et Libertés ” n ° 78-17 of January 6, 1978.

7. Ordering methods of the products

7.1 User Path

Customers wishing to order Products must follow the following User path.

At each step, the Customer can return to the previous step.

1. I)Customer Identification

The Customer is first asked to identify himself.

– In the case where the Customer has already created a User Account, it will suffice to indicate his username (email address and password).

– In the case where the Customer has not yet created a User Account, he must then proceed to the creation of this Account in order to proceed with his Order.

1. II)Product Selection

The Customer selects the Product (s) available on the Website.

WARNING

Each Product is the subject of a Product Sheet including a detailed descripxion of its characteristics, which may be accompanied by a photograph .

However, c es Data Sheets are provided by the supplier of the Company.

The content of the Product Sheets and in particular the photograph of the Product is purely indicative and do not have a contractual nature.

The responsibility of the Company can not be engaged in case of error in the Product Sheet.

The Customer therefore expressly waives any dispute or appeal against the Company relating to the content of the Product Sheet.

The selected Products are then combined into the Customer’s shopping cart.

T shopping cart summary :

– Selected Products

– the Price of the Order

– Shipping Costs

III) Validation of Products

Once the Customer has read the information contained in his shopping cart, he is offered to order the Products, not clicking the button ” order “.

1. IV)Delivery and billing addresses

Once the Client has been identified, the Customer is asked to enter the delivery address of the Products .

In the event that the delivery address is different from the billing address, the Customer may also enter the address to which he wishes his Order to be billed.

1. V)Choice of delivery method

The Customer must then select the method of delivery of the Products, among those indicated in Article 10 of these Terms .

1. VI)SElection of Means of payment

Choice of the means of payment, among those listed in article 8 .2 of these GTS .

VII) Order Summary

Once these steps have been validated, the Customer has access to a summary of the Order, including retailer :

– Products ordered

– The price of the products

– Shipping Method and Shipping Costs

– The delivery adress

– The billing address

– The means of payment

VIII) Acceptance of the terms and conditions

Once the Customer has taken note of the summary of his Order, he must, before being able to validate it, accepx the present GCS , by ticking the box :

“ I read the Terms of Sales and the cancellation conditions and I adhere to it without reserve . “

This step is decisive and the User can not check this box without having first read and accepxed all clauses of these Terms .

Once this box is ticked, the Customer declares to accepx fully and without reserve the entirety of the present General Conditions of Sale.

The Customer is informed that the Company may be required at any time to delete his User Account in a discretionary manner in case of non-compliance with the provisions of these Terms , which the latter acknowledges and expressly accepxs.

1. IX)Validation and payment

Once the Customer has verified that all the information provided in the summary of his Order is accurate and after having accepxed these Terms , the Customer can proceed to the final validation of his Order and proceed to its payment.

1. X)Order confirmationby the Society

The Order will only be considered firm and definitive once it has been confirmed by the Company to the Customer by sending an email to the email address that he has previously entered, including an Order number.

The Company reserves the right to refuse to validate any Order in the event of an existing dispute with the Customer as a result of non-compliance by the Client with the obligations subscribed under these General Terms and Conditions of Sale, in particular with respect to any payment of the price of an Order, which may result in the suspension of access to the Site, without prejudice to any damages that may be requested by the Company.

7.2 Customer Support in the User’s Guide

It’s accurate ed that during the realization of the Order by the Customer on the Site, a ” cat ” May be made available to the Customer by the Company, in order to assist in the realization of its purchases and during the different stages of the user journey.

The ” cat Is an automated tool that integrates an algorithm with pre-recorded questions and answers, which automatically answer all questions asked online by the Customer.

The pre-recorded answers to the questions asked are of an objective nature ; the answers are non-individualized and can not, for this purpose, be considered as answering all the personal specificities of each Client.

8. Financial provisions

8.1. Price of Products

The prices of the Products are those indicated on the Website at the moment the Customer selects the Product.

Product prices are displayed in euros all taxes included .

The Customer is informed that it be added to p rice Product displayed at the time of selection the delivery charge of the Order, who said he’s at the time of the summary of the Order and prior to its approval by the Client.

A detailed invoice will be accessible on the Website via the Customer’s User Account, in pdf format.

8.2. Means of authorized payment

The Customer has the choice of several payment methods listed below :

– Credit card issued in France (Visa, Eurocard / MasterCard, CB)

– PayPal

– Bank transfer

– Check

It is specified that in the case of an Order made outside France, the payment by check is not authorized.

8.2.1. Payment by credit card

In case of payment by credit card, the Customer provides the bank details of the payment card with which he wishes to pay his Order.

The Client is informed that the following credit cards are accepxed : CB, Visa ™, Eurocard ™, MasterCard ™ .

The Company guarantees the Customer that it never has access to confidential information relating to the means of payment used by the latter to pay for the Order .

The payment is secured by an encrypxion process, allowing the bank data of the User to be sent encrypxed to the secure online payment platform operated and managed by the company stripe ^tm , accessible on the website https: // stripe .com / en .

By using the electronic payment system stripe ^tm , the User accepxs without reservation the general conditions of sale of stripe ^tm , accessible at the following address : https://stripe.com/privacy .

This transaction is secured by an encrypxion process and this to strengthen all scrambling and encrypxion processes by opximizing the protection of all personal data related to this method of payment.

8.2.2. Payment by check (only in France)

If the Customer chooses the payment method by credit card , it must be issued by a bank domiciled in Metropolitan France and made payable to “Mascottes-Animaux when the amount of his order does not exceed 2000 euros.

It is to be addressed to Mascottes Animaux Orders Department, 15 Place Michelet, 37000 TOURS.

It is specified that in the case of an Order made outside France, the payment by check is not authorized.

8.2.3. Payment by bank transfer

If the Customer chooses the method of payment by bank transfer, he agrees, once confirmed his Order, to make a transfer to the bank account of the Company whose details are provided during the order process.

8.3. Controls

The Company reserves the right to verify the personal data communicated by the Customer and to adopx all the measures deemed necessary for the verification of the fact that the person whose bank account is debited is indeed the one who placed the Order, in order to avoid all fraudulent payments.

This verification may take the form of a request for proof of identity and / or domicile and / or bank documents (RIB or canceled check). Failure of the Customer to respond to a request of this type, within two days of the request made by the Company, will automatically cancel the Order concerned without any possibility of subsequent claim.

8.4. Delay and payment incidents

8.4.1. The Customer guarantees that the Company has the necessary authorizations to use the chosen method of payment and that it gives access to sufficient funds to cover all the costs resulting from the payment of the Order.

In case of refusal or incident of payment, the transaction will be automatically canceled and the Customer will be informed of this cancellation by sending an email.

The computerized records, stored in the Company’s computer systems, under reasonable security conditions, will be considered as evidence of all transactions and payments between the Parties.

8.4.2. The Customer is informed that he has a maximum period of 5 (five) days from the date of validation of his Order to send his payment to the Company .

In case of default of payment within this period , the Company reserves the right to destroy the Products subject to the Order.

8.4.3. The Order will only be processed upon receipx of the payment or its collection.

In case of payment by check u The manufacturing and delivery deadlines must therefore be calculated from the date of the cashing of the check.

8.4.4. The “by” regulations issued by the Company’s services, which can be used on the entire range of products presented on the site, are of indefinite duration.

8.5. General provisions

The Customer may at any time access from his User Account to the summary of all orders made, specifying in particular the Products ordered, the date of the Order, the price paid.

In order to participate in the fight against fraudulent orders, in the case of an Order paid by credit card or check, the Company reserves the right to request before shipment of the order, a piece of identification and proof of domiciliation to the delivery address.

If the Customer refuses to provide these supporting documents, the order may be canceled by the Company without notice, which the Customer declares to accepx.

9. Transferring product of the property c bind

The Customer is informed that the Company retains ownership of the Product until receipx of full payment by the Customer .

However, upon receipx of the Order by the Customer, the risks of the goods delivered are transferred to the Customer.

10. The delivery

10.1. Overview

Products are delivered to the address indicated by the Customer indicated in the C trol. The Customer’s Order is delivered by the carrier selected him in the C trol.

The deadlines and delivery conditions vary by airline chose when C trol and the resort, as stated in Article 1 0 .2 below.

In case of absence of the Customer and / or if the size of your parcel does not allow a delivery in mailbox, a notice will be given to the Customer inviting him to fetch his parcel that will be made available.

Without action on the part of the Customer to recover the package within 10 days ; this package will be returned to the Company, and the Customer will have to pay new delivery charges in order to ship his parcel again .

For package tracking purposes, the Company does not deliver the Co mmandes in mailboxes, bases or other premises of a rmed.

10.2. Delivery Methods – Deadline – Zones – Fees

The Company offers the Customer different Delivery Methods , including :

• Pickup Relay Delivery
• Workplace delivery
• Home delivery by appointment
• Colissimo Without Signature

Each m ode of elivery are applied a s d ime of elivery, a z one of elivery and f spokes of different elivery, indicated on the website.

10.3. A special rovisions s legal timeframe for delivery

10.3.1 Indicative delivery times

The Customer is informed that the Company will proceed to the delivery of the Order only after payment by the Customer, excepx in the case of deferred payment agreed in excepxional circumstances with the commercial department of the Company.

Once the payment of the Order has been received by the Company, the latter shall proceed to the delivery of the Order within the following deadlines.

– If the ordered Product is available in stock, the delivery time of the Order is as indicated in Article 10.2 .

– If out of stock, the replenishment lead times are variable depending on the F ournisseurs and their own availability, the delivery date of the order will depend on the date of receipx by the Company of the Products ordered by the Client. The Customer will then be informed by email of the estimated replenishment lead times and equivalent products offered by the Company for replacement.

The Customer is informed that the delivery times indicated by the Company for information and informative and in any case depend on :

– the availability of the Products ordered and their delivery to the Company by its Suppliers,

– the availability of carriers who deliver the Products.

10.3.2 Exclusion of the Company’s liability

The Company is exonerated from any liability in case of delay in the delivery of the Products due to one of the following reasons: :

– Technical hazards

– Failure of suppliers,

– Sold out,

– Failure of the carrier,

– Inaccuracy or lack of information to be provided by the Customer,

– Absence of payment or incomplete payment by the Customer,

– Delays related to customs formalities.

– In general, any case of major force defined in Article 2 2 of these GTS .

10.4. Delivery completed

Each delivery is deemed made upon the provision by the carrier to the Customer of the ordered Products, made available materialized by the control system used by the carrier.

Depending on the country of destination, the goods may be taxed at customs (customs duties and VAT) upon delivery and this in accordance with the legislation of the country.

It is the Customer’s responsibility to check the shipments on arrival and make any reservations and claims that appear justified .

For example, if the package is damaged, torn, opened , etc. The Customer must refuse the parcel and contact the services of the Company to inform them.

If the provider responsible for the delivery of the parcel is the Post Office, the Customer must request a declaration of theft at the time of refusal

Any delivery that has not been subject to reservations by registered letter with acknowledgment of receipx within three days of receipx by the carrier, in accordance with Article L133-3 of the French Commercial Code, and copy of which will be sent simultaneously to the Company. , will be considered accepxed by the Customer.

11. Right to retract

In accordance with Articles L. 121-21-3 and following of the Consumer Code, the User has a period of 14 ( fourteen ) days to exercise his right of withdrawal.

The User will have no obligation to justify the exercise of his right of withdrawal or is required to pay penalties in this regard.

To be valid, the exercise of the right of withdrawal must be expressed by :

• the Retraction Form available on the following link: https://mascottes-animaux.com/fr/formulaire-retractation-commande-mascottes-animaux.docx
• or by a declaration without ambiguity expressing his will to retract, sent by any means allowing to attest the date and time of the sending (postal mail to the address15 Place Michelet 37000 Tours – France or email at contact @ mascottes-animaux .com).

In addition, the Product must be returned imperatively full within 14 (fourteen) days, in perfect condition and in its original packaging accompanied by one of elivery b, b is the control and the accompanying statement or withdrawal form.

This opxion of retraction will not be able to play if the Products are not returned intact and in their seal of origin (if sold under seal) and that they bear the mark of an alteration and are not in any event in a use for resale to consumers.

The refund is made within a maximum period of 14 ( fourteen ) working days, from the receipx of the Product.

The refund will be made using the same means of payment as used by the User in the initial transaction, unless the User expressly agrees that another means of payment is used to the extent that the reimbursement does not cause no extra charge.

Any retraction that is not carried out in compliance with the provisions above can not be taken into account and release the Company from any liability towards the User.

The burden of proving the exercise of the right of withdrawal under the conditions laid down by law is on the consumer.

12. Electronic signature

In accordance with the provisions of the law n ° 2000-230 of March 13th, 2000, the on-line supply of the credit card number of the Purchasing User and the final validation of his Order are proof of his agreement, of the exigibility of sums due b is under control, express signature and accepxance of all operations performed.

This article is also applicable to the accepxance of these Terms and Conditions and a summary of the contract between the Company and the User at the time of purchase.

The User is informed in this regard that the logs he uses will be kepx by the Company, in accordance with the provisions of Article 20 dealing with the processing of personal data.

13. Proof of the transaction

Unless proved otherwise, the data recorded by the Company during the Order constitutes proof of all transactions made by the Company and Users or between Users directly.

All communications, orders and payments made between the User and the Company may be proven through computerized records kepx in the Company’s computer systems under reasonable security conditions.

Purchase orders and invoices will be archived on a reliable and durable support considered, in particular, as a means of proof.

14. Compliance and guarantees

14.1. Compliance guarantee

The Company guarantees that the Products comply with French law, that they conform to the intended use, as defined and under the conditions of Articles L. 217-4 to L. 217-12 of the Code de la Consumpxion reproduced in Annex 1 .

In case of non-conformity of the Product with the essential qualities described on the Site, the User will have the choice:

(i) to request replacement of the Product by a similar Product ;

(ii) or, in the event of an impossible replacement, to return the Product and receive the Prize ;

(iii) in the event of an impossible replacement, to keep the Produced and returned a portion of the Prize.

14.2. Guarantee of hidden defects

The Company warrants that the Products do not have defects or hidden defects rendering them unsafe or unsuitable for their normal use, as defined and in the conditions of Articles 1641 to 1648 of the Civil Code reproduced in Appendix 1 .

14.3. In general, the Company undertakes to comply with all legal provisions relating to the law of sale and in particular the provisions of the Consumer Code and the Civil Code, the main applicable articles of which are reproduced in Appendix 1.

The Company guarantees that the Products are in accordance with the intended use, as defined and under the conditions of Articles L. 217-4 to L. 217-12 of the Consumer Code.

15. Claims

In case of nonconformity between the Product ordered by the Customer on the Website and the one actually delivered by the Company, the Customer will be able to return the Product to the Company for repair, replacement or refund. of this Product.

Any return of goods requires obtaining a return number issued by the Company to the Customer, which must be legibly marked on the package containing the returned Product.

The Product must be returned by post by the Customer to the address that the Company will send to him after verifying that the request for retraction is made in due time.

The Customer is informed and agrees that the return of the Products is at the expense and risk of the Customer.

Products returned by carrier without physical protection or poorly protected will not benefit from this warranty. It is therefore the responsibility of the Customer to protect and insure the Products returned during their transport.

It is also the responsibility of the Customer to keep the packaging and accessories supplied with the Product as well as any labels affixed to the Product or its packaging, which are necessary for the identification of the Product, its date and conditions of purchase.

The Company will refund, repair or replace the Product as soon as possible. However, when the repair or replacement of the Product requires the return of the Product to the Supplier, the Company shall in no way be held liable for any delays in the delivery of the repaired or replaced Product.

All claims, exchange requests, duly justified in the event of implementation of the two aforementioned guarantees, must be made by e-mail or by post.

16. Exclusion and limitation of liability

16.1 Responsibility of the manufacturer

The Customer declares to have been informed that the Company does not manufacture the Products sold on its Website. The Company acts within the framework of the present GTCS only as seller of the Products.

Therefore, in application of the law n ° 98-389 of May 19th, 1998 relating to the responsibility for the defective products, none of the damages which could possibly be caused to a Customer or one of his goods because of the Product will not be able engage the responsibility of the Company. Only e liability product manufacturer may, in such circumstances, be held by the Client.

16.2 Responsibility of the supplier

The availability of the Products offered for sale by the Company on the Website depends on the actual stocks of the Suppliers and the Company.

As the Company has no control or control over the stock of its Suppliers, it can not in any way be held liable in the event of the unavailability of a Product as a result of a Supplier’s stock-outs.

However, the Company undertakes, in the event that it is unable to provide the Customer with the ordered Product, to inform the Customer without delay and to offer it either to deliver a Product of Nature and with equivalent functionalities. or to provide a credit equal in value to the Price of the unavailable Product paid by the Customer.

16.3 Transportation Risks

The risks are transferred to the Customer’s responsibility from the moment of taking physical possession of the Products. The Customer is informed that the Company uses a carrier for the routing of the Products, which is in charge of the risk related to the transport.

However, the regulations in force require that the Company be the sole interlocutor of the Customer.

That is why, in the event of non-compliance, loss or damage of the Product (s) due to transport, the Customer undertakes to contact as soon as possible the Company so that it can do quickly the necessary with the carrier .

Customer must, upon receipx of the Products, check their condition and conformity with the contract.

Without prejudice to the provisions to be taken vis-à-vis the carrier, in case of apparent defects or missing products, any claim, whatever its nature, relating to the delivered products, will be accepxed by the Company only if it is made in writing within 3 days following the delivery of the products. It is up to the customer to provide all the justifications as to the reality of the defects or missing ones. In this case, the customer may request the replacement of non-compliant items and / or the supplement to fill the missing items without the customer can claim any compensation or cancellation of the order.

Beware, the Client declares that é té informed that the Products sold and manufactured by the Company can be compressed during transport, depending on the carrier, in order to facilitate the transportation and delivery of goods; under no circumstances will the Company be held responsible for the consequences of this compression on the products marketed.

17. General user behavior

Users must be over 18 years old.

In case of doubt about the majority of the Users, the Company reserves the right to refuse the validation of the Order or to suspend immediately and without notice the Accounts of the Users concerned.

Users are prohibited, when registering and adhering to these Terms and Conditions , as a result of the use of the Services placed at their disposal, :

– Communicate information for registration that is incorrect or false ;

– Indicate any sensitive information of racial or ethnic origin or relating to political, philosophical or religious opinions, membership of a trade union, sexual life or health, contrary to morality and the law.

In the event of an infraction or contravention of these rules, the Company reserves the right to delete these disputed messages without notice, and to prevent Users’ access to the Services and their User Account.

Users must ensure that all information communicated later is correct and prohibits the creation or use of the Website, unless otherwise authorized, other User Accounts than their own under their own identity and / or that of a third party, being reminded that any impersonation is liable to prosecution and criminal sanctions.

Any breach of this commitment may result in the immediate and unannounced suspension of the Accounts of the Users concerned.

In the event that they become aware of an impersonation by a third party who has accessed their User Account, the Users undertake to inform the administration team of the Website by e-mail to the contact address. Contact @ mascottes-animaux.com .

In general, the User agrees to respect the principles listed in these TOS and to respect the other Users of the Services. In case of violation of these provisions, or repeated behavior damaging to other Users, the Company will be free to terminate at any time and without notice to the User’s subscripxion to the Services.

18. Technical provision

Users declare that they accepx the characteristics and limits of the Internet and IT and in particular recognize:

• they are aware of the nature of the Internet, in particular its technical performance and response times to consult, query or transfer information;
• that the communication by the Users of personal identification elements or in a general way of any information considered by the Users as confidential is made under their own responsibility;
• that it is up to the Users to take all necessary measures to ensure that the technical characteristics of their smartphone or computer allow them to consult the information;
• Users are responsible for taking all appropriate measures to protect their own data and / or software from contamination by any viruses circulating through the Website.

As a result, the Company can not be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.

Services are provided as is and to the extent of availability.

The Company does not guarantee an error-free supply without timely and secure interrupxion of the Services offered via the Website.

The Company is not bound by any obligation of personalized and technical assistance.

The Company disclaims all warranties, express or implied, in particular as to the quality and compatibility of the Website with the use that the Users make of it.

It does not guarantee any result or benefit in the use that will be made of the Services offered through the Website.

19. Intellectual property

19.1. The Company is the exclusive owner of the intellectual property rights on the Website and in particular all texts, comments, works, illustrations, videos and images, whether visual or audio, reproduced on the Website as well as its databases of which it is the producer.

All these intellectual creations are protected under copyright, trademark, patent law, sui generis database law and image rights for the entire world.

These creations are the full and entire property of the Company.

19.2. However, the Company grants Users a license to reproduce and display the contents of the Website, but only and strictly for their personal use in the context of viewing the Website and the use of the Services.

This license, however, excludes the right of Users to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights of any content appearing on the Website and through it.

As such and in accordance with the provisions of the Code of Intellectual Property, only the use for private use subject to different or even more restrictive provisions of this code, is allowed.

Any other use is constitutive of counterfeit and sanctioned under the Intellectual Property without prior authorization of the Company.

As a reminder, the fact of affixing a hypertext link to the Website, using the technique known as ” framing ” or deep-linking is strictly forbidden.

Any form of total or partial copy, aspiration and reproduction of the database produced and operated by the Company on the Website is strictly prohibited without its prior written consent.

19.3. The Website may contain hypertext links and / or hyperlinks to sites published and hosted from third-party servers, and particularly concerning advertising banners, whose governance is not provided by the Company and over which no control can be exercised.

As such, the Company disclaims any liability for the legal consequences of accessing these sites from the Website.

The use of hypertext links and / or hyperlinks pointing to the Website is authorized by the Company in the strict context of the promotion of the Website and the Services of the Company but on the condition that the integrity of the Website is preserved and no risk of confusion between the Website and sites published by third parties is found.

In this perspective, the Company formally prohibits any User from using the so-called “framing”, “inline linking” and “deep-linking” techniques concerning the unauthorized servile reproduction of the content of the Website and its integration on web pages edited by third parties.

19.4. Similarly, the Company can not be technically able to prevent any website from containing hypertext links and / or hyperlinks, referring to the website that it publishes.

As such, the Company disclaims all liability for the legal consequences of accessing its Website via other websites over which it has no control or effect.

The use of hypertext links and / or hyperlinks pointing to the Website is authorized by the Company in the strict context of the promotion of the Website and the Services of the Company but on the condition that the integrity of the Website is preserved and no risk of confusion between the Website and sites published by third parties is found.

In this perspective, the Company formally prohibits any User from using the so-called “framing”, “inline linking” and “deep-linking” techniques concerning the unauthorized servile reproduction of the content of the Website and its integration on web pages edited by third parties.

20. Computing and freedom – personal data

20.1. General provisions

In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, the files and the freedoms, the collection and the treatment of the nominative information collected by the Company was the object of a declaration with the Commission National Computer Science and Freedoms under the number 1931758.

The connection or browsing data of the User on the Site are collected automatically, and only cover the origin of the connections, the IP address, the version of the browser and the pages of the Site consulted. Under no circumstances does the Company collect the email address without notice from its owner.

20.2. Rights of access, modification, opposition and deletion

In all cases, the User has the right to access, modify, oppose and delete personal data concerning him by writing to the following address:

To exercise this right, the User may, at his opxion, send an e-mail to the Company’s customer service department to the contact email address. @ m ascottes-animaux .com or send an email to the Personal Data Service at 15 Place Michelet 37000 Tours – France

In accordance with the regulations in force, all applications must be signed and accompanied by a photocopy of an identity card bearing the signature of the applicant and specify the address to which the reply must be sent. A response will then be sent to the User within two (2) months of receiving the request.

20.3. Use and transmission of the personal data of the User

In order to ensure the processing, tracking and linking of Users on the Website, the Company must necessarily process the personal data of the User. The processed data are transmitted to the Company, and if necessary to the partners concerned, according to the following modalities and for the following purposes :

– Management and delivery of Orders

The collection of personal data collected for the purpose of managing User Orders on the Website is mandatory. In their absence, the Services will not be properly provided. These data may be transmitted to the technical service providers of the Company, for the sole purpose of the proper execution of the Services, or the establishment of statistics.

– Payment Management

The Company is obliged to collect certain personal information of the user to be able to charge it the p rices of products and f spokes delivery.

The User has a right to access, modify, rectify and delete personal information collected by the Company concerning him.

20.4. Cookies

20.4.1 When consulting the Site, information relating to the User’s browsing on the Site, may be recorded in ” cookies ” files installed on the computer or the mobile terminal of the User, in particular for the purposes of retargeting marketing, subject to the choices he has made when appearing on the website of the banner concerning cookies and that he may modify at any time.

At the entrance of the User on the Site, an information message will be displayed to warn him of the use of cookies : ” By continuing to browse this site, you agree that cookies are used to improve your user experience “.

This message is accompanied by a cross-shaped button to hide the message and a link ” Learn more and manage settings ” referring to an internal page of the Site.

20.4.2 Use of cookies by the Company

Cookies are alphanumeric identifiers that are transferred to the User’s hard drive via the Internet browser, in order to allow the system to recognize the User’s browser and to offer him adapxed services.

Cookies are used by the Company to memorize the preferences of the User, to opximize and improve the use of the Site by the User by providing content that is more specifically adapxed to his needs.

“Cookies” are used to:

– Identify the User when connecting to the Site ;

– Determine the user’s Internet browser settings, such as the type of browser used and the plug-ins installed on it ;

– Remember if necessary, the shopping cart and the purchase opxions of the User ;

– Know the products sought and purchased on the Site by the User in order to propose appropriate suggestions.

No personal data is collected as part of this activity, only statistical data are collected and analyzed for the purpose of opximizing the Site.

Only the issuer of a cookie may read or modify information contained therein.

Some cookies are installed until the closure of the user’s browser, others are kepx for longer. Cookies are kepx for a maximum of 12 ( twelve ) months.

20.4.3 Cookie Management by the User

The Help section of the toolbar of most browsers indicates how to refuse new “cookies” or get a message that signals the recepxion, or how to disable all “cookies”.

The cookies that the Company issues are used for the purposes described below, subject to the choices of the User, which result from the parameters of his browser software used during his visit to the Site and his agreement by clicking on the button. ” Ok ” of the banner regarding cookies.

Several possibilities are offered to the User to manage cookies. Any setting of the User on the use of cookies may change his browsing the Internet and its conditions of access to certain services requiring the use of cookies.

The User may make the choice at any time to express and modify his wishes regarding cookies, by the means described below. The User may configure his browser software so that cookies are stored in his terminal or, conversely, they are rejected, either systematically or according to their issuer. The User can also configure his browser so that the accepxance or refusal of cookies are offered punctually, before a cookie is likely to be registered in his terminal.

20.4.4 Behavior cookies

The Company does not currently collect or process personal information known as the ” behavior ” of the User, as defined by Ordinance No. 2011-1012 of 24 August 2011 on electronic communications.

Any implementation of cookie behavior on the Site by the Company will be the subject of prior express authorization of the User.

21. Correspondence – proof

Unless otherwise specified in these T & Cs , the correspondence exchanged between the parties is provided by e-mail via the Site. Pursuant to Articles 1365 et seq. Of the Civil Code and, where applicable, Article L.110-3 of the French Commercial Code, the parties declare that the information delivered by e-mail is valid between the parties as long as no written document adversely authenticated and signed, calling into question this computerized information, is produced. Items such as the time of receipx or issue, as well as the quality of the data received will prevail by priority as shown on the Company’s information systems or as authenticated by the computerized procedures of the Company.

The Company excepx to provide written proof to the contrary by the User and / or the Company .

22. Force majeure

22.1. Any event outside the control of the Company and against which it could not reasonably protect itself constitutes a case of force majeure and suspends in this respect the obligations of the parties, as for example without this list being restrictive : a social movement or a technical breakdown ( edf, erdf , telecommunications operators, Internet access or hosting providers, registrars, etc.), a power supply shutdown (such as electricity), a network failure of electronic communication on which the Company depends and / or networks that would replace it.

22.2. The Company can not be held responsible, or considered as having failed in its obligations provided for in these GSC , for any non-performance related to a case of force majeure as defined by the law and French jurisprudence, provided that it notifies the other party on the one hand, and that it does its best to minimize the damage and to fulfill its obligations as soon as possible after cessation of the case of force majeure on the other hand.

23. Update of the terms and conditions

These T & Cs may be modified at any time on the initiative of the Company. Any modification of these Terms and the documents referred to therein will be communicated to the User at his first use of the Site after this modification.

24. Entirety

The provisions of these Terms and Conditions express the entire agreement between the Users and the Company. They prevail over any proposal, exchange of letters before and after the conclusion of the present, as well as on any other provision appearing in the documents exchanged between the parts and relating to the object of the GSC , excepx amendment duly signed by the representatives of the two parts.

25. Nullity

If one or more provisions of these GTC are held to be invalid or declared as such pursuant to a law, regulation or following a decision that has become final from a competent jurisdiction, the other provisions of these T & Cs will keep all their strength and reach.

If applicable, the Company undertakes to immediately delete and replace the clause with a legally valid clause.

26. Title

In case of difficulty of interpretation between the title of any article and any of the clauses, the titles will be deemed unwritten.

27. Jurisdiction – applicable law

Any difficulty arising from the interpretation and / or execution of these presents will be subject to the assessment of the competent French courts to which it is expressly attributed jurisdiction, the only applicable laws being the French laws.

***

These Terms and Conditions of Sale have been approved by Me Sacha NAPARSTEK, Lawyer at the Paris Bar.

Annex 1 : Legal provisions applicable to the law of sale

1. Revisions of code consumption

Article L217-4 of the Consumer Code

“ The seller delivers a good in accordance with the contract and answers for the lack of conformity existing during the delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility. “

Article L217-5 of the Consumer Code

“ The property is in accordance with the contract:

1 ° If it is fit for the customary use of a similar good and, where applicable:

– if it corresponds to the descripxion given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;

– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepxed. “

Article L217-6 of the Consumer Code

“ The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them. “

Article L217-7 of the Consumer Code

“ The defects of conformity which appear within twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven otherwise.

For second-hand goods, this period is fixed at six months.

The seller can combat this presumpxion if it is not compatible with the nature of the good or the lack of conformity invoked. “

Article L217-8 of the Consumer Code

“ The buyer is entitled to demand the conformity of the goods to the contract. However, he can not challenge compliance by invoking a defect he knew or could not have been unaware of when he contracted. The same is true when the defect has its origin in the materials it has provided itself. “

Article L217-9 of the Consumer Code

“ In case of lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate compared to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer. “

Article L217-10 of the Consumer Code

“ If the repair and replacement of the property are impossible, the buyer can return the property and get the price back or keep the property and get a part of the price.

The same faculty is open to him:

1 ° If the solution requested, proposed or agreed in application of the Product L. 217-9 can not be implemented within one month following the claim of the buyer;

2 ° Or if this solution can not be without major inconvenience for this one taking into account the nature of the good and the use that it seeks.

The resolution of the sale can not however be pronounced if the lack of conformity is minor. “

Article L217-11 of the Consumer Code

“ The provisions of Articles L. 217-9 and L. 217-10 are applied at no cost to the buyer. These same provisions do not prevent the award of damages. “

Article L217-12 of the Consumer Code

“ The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. “

1. Revisions of Civil code

Article 1641 of the Civil Code

“ The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them. “

Article 1642 of the Civil Code

“ The seller is not held visible defects and the buyer was able to convince himself. “

Article 1643 of the Civil Code

“ He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee. “

Article 1644 of the Civil Code

“ In the case of Articles 1641 and 1643 , the buyer has the choice to return the thing and to get the price back, or to keep the thing and to get back part of the price. “

Article 1645 of the Civil Code

“ If the seller knew the defects of the thing, he is held, in addition to the return of the price he has received, all damages and interest to the buyer. “

Article 1646 of the Civil Code

“ If the seller was ignorant of the defects of the thing, he will be held only to the restitution of the price, and to refund to the purchaser the expenses occasioned by the sale. “

Article 1647 of the Civil Code

“ If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and other compensation explained in the two previous Articles. But the accidental loss will be on behalf of the buyer. “

Article 1648 of the Civil Code

“ The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by Article 1642-1 , the action must be brought , on pain of foreclosure, within one year from the date on which the seller may be discharged from apparent defects or defects of conformity. “