Legal notice

 

GENERAL TERMS AND CONDITIONS OF SALE

PREAMBLE – LEGAL INFORMATION

The website https://www.toastiesparis.com/ (the "Website") is published by Cedar Capital, whose registered office is located at Rue de-Candolle 34, 1205 Geneva, Switzerland, commercial register number CHE-280.554.186.

ARTICLE I – APPLICATION OF THE GENERAL TERMS AND CONDITIONS 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 GTS prior to placing any order (the "Order"), as the GTS are available on the Website.

Toasties reserves the right to adapt or modify these GTS at any time. The version of the GTS applicable to any sale is the one appearing online on the Website at the time of the Order. 

Therefore, placing an Order requires the Customer's prior and unreserved agreement to the GTC by clicking on the button "I have read and accept the general terms and conditions of sale".

ARTICLE II - PRODUCTS

The Products offered for sale are those described on the Website on the day the Customer visits the Website, subject to availability. This information is updated regularly. However, Toasties and Cedar Capital SARL cannot be held liable for any errors in the updates, regardless of their origin. As such, Toasties and Cedar Capital SARL cannot be held liable for the cancellation of an Order or a Product due to stock depletion.

Despite the care taken in the presentation and description of its Products to provide the Customer with the best possible information, it is nevertheless possible that errors may appear on the Website, which the Customer acknowledges and accepts.

Toasties does not guarantee the accuracy or security of the information transmitted or obtained through the Website.

It is possible that the Customer may receive a previously returned item following an Order, it being specified that only intact and unworn Products are accepted and that these two conditions are checked before restocking.

ARTICLE III - ORDERS

Order Terms and Conditions

Placing an Order on the Site is subject to compliance with the procedure set up by Toasties on the Site, which consists of several successive steps leading to the confirmation of the Order.

The Customer may select as many Products as they wish. These Products will be added to the basket (the "Basket"). The Basket summarises the Products chosen by the Customer, as well as the prices and associated costs. The Customer is free to modify the Basket before confirming their Order. 

Confirmation of the Order constitutes confirmation of the Customer's acceptance of the GTC, the Products purchased, their price, and the associated costs. 

A confirmation email summarizing the Order (including the Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by Toasties. To this end, the Customer formally accepts the use of email for confirmation by Toasties of the content of their Order. Invoices are available in the "my account" section of the Website or sent by email for Orders without registration. 

The Order will be processed by Toasties within an average of 48 to 72 hours, however, longer processing times 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 appearing on the Website. 

Despite Toasties' best efforts to meet its customers' expectations, it may be necessary to refuse to process an Order after sending the Customer an email confirming the Order.

Toasties shall not be held liable to the Customer or any third party for any harmful consequences resulting from the removal of a Product from the Website, or the replacement or modification of any content or information appearing on this Website, or the refusal to process an Order after sending the confirmation email summarizing the Order.

Toasties also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over payment for a previous order or a suspicion of fraud.

ARTICLE IV. PRICES AND PAYMENT TERMS

Product prices are indicated on the Site in euros, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier for shipments to which these duties and other taxes apply. 

All prices displayed are calculated and include value added tax (VAT) applicable in France and Europe.

Toasties reserves the right to modify its prices at any time, but Products will be invoiced on the basis of the prices in effect at the time of registration and payment of the Order, subject to availability.

Products are payable in full at the time of the actual Order.

Payment for purchases is made either via PayPal or via the secure platform of our payment provider STRIPE.

The Customer expressly acknowledges that providing their credit card number to Toasties constitutes authorization to debit their Account for the price of the Products ordered. Where applicable, a notification of Order cancellation for non-payment will be sent to the Customer by Toasties to the email address provided by the Customer when placing the order on the Website.

The data recorded and stored by Toasties constitutes proof of the Order and all past sales. The data recorded by PayPal or the payment provider constitutes proof of any financial transaction between the Customer and Toasties.

Article V. DELIVERY

Delivery means the transfer of physical possession of the Products to the Customer (the "Delivery").

The Delivery costs applicable to the Order are those mentioned on the Website at the time of the Order in the "Delivery and Returns" section.

The risk of loss or damage is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer. Thus, Toasties is not liable in the event of loss or damage to the package by the carrier.

Service provider(s) and delivery terms

Delivery is made to the delivery address specified by the Customer, provided that this is the residential address of the Customer, a natural person of their choice, or a legal entity (delivery to their company). Delivery cannot be made to hotels or PO boxes.

If delivery is impossible due to an incorrect delivery address or the Customer's failure to collect their Order from the selected collection point, no reshipment can be made and the Customer will be refunded within fifteen (15) days of receipt of the Order by Toasties.

Delivery costs

These costs will be communicated during the Order process.

Shipping time

Toasties ships Orders within a maximum period of five (5) days, calculated from the first business day after the Order has been confirmed. 

In order for these deadlines to be met, the Customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

Toasties cannot be held responsible for delivery delays that are not its fault or are justified by a case of force majeure (as defined below).

If the shipping deadline attributable to Toasties is exceeded, 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 their request to this effect. Notwithstanding the foregoing, Toasties cannot be held liable for any harmful consequences resulting from a delay in delivery, and only the refund of the Product by Toasties is possible, to the exclusion of any other form of compensation.

ARTICLE VI - RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS

Time limit and conditions for exercising the right of withdrawal

In accordance with Article L.221-18 of the French Consumer Code, non-professional Customers have a period of fourteen (14) days from receipt of the Order to exercise their right of withdrawal with Toasties, without having to justify their decision.

The right of withdrawal may be exercised by email to . contact@toastiesparis.com

Terms and conditions for returning the Order under the right of withdrawal

The right of withdrawal may be exercised without penalty.

The Customer shall return the Order no later than fourteen (14) days after communicating their decision to withdraw, in accordance with Article L. 221-21 of the French Consumer Code.

After this fourteen (14) day period, the sale is final and definitive. 

The Product must be returned in its original packaging, in its original condition, new, with the original label, unworn, and unwashed. 

To make a return, the Customer must return the Product(s) to the following address: 

Toasties C/O BATZEN 

45 Boulevard d'Inkermann

92200 Neuilly sur Seine

France

The Customer must use a shipping method that includes tracking.

The cost of returning the Products is the responsibility of the Customer and is at their own risk.

Refunds for Products returned under the right of withdrawal

Toasties will refund the Order or Product no later than fourteen (14) days from the date on which it receives and checks the condition of the returned Product(s). A product that is damaged or has been worn cannot be refunded. 

However, the refund is subject to Toasties being able to recover the Products that are the subject of the return and the refund request.

Toasties will issue the refund using the same payment method used to pay for the Order. If this payment method has expired, the Customer must contact customer service to change the refund method at no cost to the consumer. Toasties cannot be held responsible for refunds to expired payment methods.

Refunds for orders paid for with a gift card, gift card, or credit note will be automatically refunded as a credit note. 

If the Customer fails to comply with these T&Cs, Toasties will not be able to refund the Products concerned. 

ARTICLE VII - EXCHANGES

You also have the option of requesting an exchange within fourteen (14) days of receiving the Order, under similar terms and conditions to those applicable to Order returns under the right of withdrawal set out in the article "RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS".

Upon receipt by Toasties of the Order or 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 "DELIVERY" section.

As a reminder, you will be responsible for the return shipping costs. However, if the exchange is due to a Product delivered to the Customer that is different or does not comply with the Product ordered, the return shipping costs will be borne by Toasties.

ARTICLE VIII - CHECKING THE ORDER OR PRODUCT UPON RECEIPT BY THE CUSTOMER

Although Toasties takes the utmost care with its Products, we advise you to check the Product(s) upon receipt of the Order. 

In the event that the Product delivered does not comply with the Order, please send your reservations by email to Toasties within three (3) days of delivery.

The non-compliant Product delivered may initially be replaced or repaired and, as a last resort, refunded, at Toasties' discretion.

Return shipping costs will only be refunded in the event of non-compliance of the Order.

ARTICLE IX. LIMITATION OF LIABILITY

Toasties' liability with regard to any Product purchased on the Site is strictly limited to the purchase price of the Product. Toasties shall in no event be liable for the following losses, regardless of their origin: loss of opportunity, including the opportunity to order a Product, loss of revenue or sales, operating losses, loss of profits or contracts, loss of anticipated savings, loss of data, loss of working or management time, damage to image, or moral damage.

The documents, descriptions, and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, except for the warranties provided for by law.

Toasties provides no warranty for any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, a logic bomb, or any other form of programming routine designed to damage, destroy, or otherwise impair any computer functionality or interfere with its proper functioning, including any transmission resulting from the download of any content by the Customer, the software used by the Customer to download the content, the Site, or the server that allows access to it. In this regard, the Customer acknowledges that it is their responsibility to install appropriate anti-virus and security software on their computer equipment and any other device in order to protect them against any bugs, viruses, or other programming routines of this kind that may prove harmful.

The Customer acknowledges that they assume all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that they are solely responsible for any damage caused to their computer system or any loss of data resulting from the download of such content.

Toasties is only required to deliver Products that comply with the contractual provisions. Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and durability criteria that are generally accepted for products of the same type and that can reasonably be expected.

It should be noted that each Toasties Product is unique and contains natural sheepskin. As such, the Products may have 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 - WARRANTIES

Toasties guarantees consumers against conformity defects and hidden defects for Products sold on the Site under the following conditions:

Legal warranties

All products sold on the Website are covered by the legal warranty of conformity (as defined in Articles L217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-compliant Products free of charge.

Legal warranty of conformity

Article L217-4 of the Consumer Code: "The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made its responsibility by the contract or has been carried out under its 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 applicable:

correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L211-12 of the Consumer Code: "Action resulting from lack of conformity lapses two years after delivery of the goods."

Warranty against hidden defects

Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish its use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them." 

Article 1648 of the Civil Code: "Action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be relieved of apparent defects or lack of conformity."

Under the legal warranty against hidden defects, Toasties undertakes, at the Customer's discretion, after assessing the defect:

- Either to refund the full price of the returned Product,

- Or to refund part of the price of the product if the Customer decides to keep the Product.

Exclusion of warranties

Products that have been modified, repaired, integrated, or added to by the Customer are excluded from the warranty. The warranty shall not apply to apparent defects. The warranty shall not cover Products damaged during transport after Delivery or as a result of misuse.

Terms and conditions for implementing warranties

Under the legal warranty of conformity, the Customer:

(i) has a period of two (2) years from the delivery of the goods to take action;

(ii) may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;

(iii) is exempt from providing proof of the existence of the lack of conformity of the goods during the two years.

The legal warranty of conformity applies independently of any commercial warranty that may be granted.

The Customer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, they may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

For any requests concerning legal warranties, the Customer must contact Toasties at the following email address: contact@toastiesparis.com

These provisions do not exclude the right of withdrawal defined in Article VI above.

Consequences of the implementation of legal warranties

Under the legal warranty of conformity, Toasties undertakes, at the Customer's discretion, to:

• either to replace the Product with an identical product, subject to availability,

• or to refund the price of the Product if replacement of a Product proves impossible.

Under the legal warranty against hidden defects, Toasties undertakes, at the Customer's discretion, after assessing the defect:

• either to refund the full price of the returned Product, or to refund 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 such event, by email or by registered letter with acknowledgment of receipt. In addition to those usually recognized by French case law, the following are expressly considered as cases of force majeure or fortuitous events: total or partial strikes, pandemics, periods of lockdown, 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 forms of marketing, computer failure, telecommunications blockage, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts 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 full payment has been received, including the principal, costs, taxes, and mandatory contributions.

ARTICLE XIII - PARTIAL INVALIDITY

If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, regulation, or following a final decision by a competent court, the other provisions shall remain in full force and effect.

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 complaint that cannot be resolved amicably by 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 termination of a sale, or the interpretation, execution, or termination of these terms and conditions shall be submitted, in the absence of an amicable agreement, to the legally competent courts.

These GTC and the transactions arising therefrom 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 shall be deemed authentic in the event of a dispute.

APPENDIX 1: MODEL 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)

For the attention of CEDAR CAPITAL Toasties Rue de-Candolle 34, 1205 Geneva Switzerland – contact@toastiesparis.com

Email: _________________________________

I hereby notify you of my withdrawal from the contract for the sale of the product(s) listed below:

Ordered on ____________(order date) and/or received on ___________(delivery date)

Name of consumer customer: ______________

Consumer customer's address: ____________

Consumer Customer's signature (only if this form is submitted on paper)

Date: