Terms and conditions of sale

The website is managed by ELEPHANT SARL, a simplified joint stock company.
SIREN : 807 713 557

The CLIENT may contact the COMPANY:

By e-mail to hello@bobtoys.fr
By post: BOBTOYS, 10 route de Vecoux 88360 Rupt-sur-Moselle

1. Scope of application

All commercial transactions carried out by our Company are subject to these general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions"), which govern the contractual relationship between any user of the https://www. bobtoys.fr (hereinafter referred to as the "Site") wishing to make a purchase via the Site (hereinafter referred to as the "Customer") and BOBTOYS SARL, whose registered office is located at 10 route de Vecoux 88360 Rupt-sur-Moselle and registered with the Paris Trade and Companies Registry under number 807 713 557, (hereinafter referred to as " BOBTOYS ").

BOBTOYS may modify some of the provisions of these General Terms and Conditions of Sale at any time. Consequently, it is necessary to be aware of the version in force on the day of the order on the Site. These modifications are enforceable from the moment they are posted online and will be applied to orders placed after their posting on the Site.

All purchases on the Site are subject to all the clauses of the General Conditions. The Customer may only validate his order after having duly read the General Conditions. By validating the General Conditions, the Customer declares that he/she has the legal capacity to enter into a contract within the meaning of articles 1123 et seq. of the French Civil Code.

For the purposes of these General Terms and Conditions, the following terms are defined as follows:

Territory: refers to France (including DOM/TOM), Belgium, Switzerland and Luxembourg.
Users or Internet users: Refers to any person located in the Territory who connects to the Site.

2. Products

Products sold
The products offered for sale by BOBTOYS on the Site (hereinafter the "Products") are described on the Site. They will be the subject of an individual product sheet which will present at least the essential characteristics of the product based on information provided by partners, suppliers or manufacturers. The characteristics will be indicative only. The products will also be presented in photographs, which have no contractual value. BOBTOYS may also offer "Promotions": the products concerned (on price or any other characteristic such as delivery, quantity, etc.) will be sold for a limited time and/or quantity.

3. How to order

To place an order on the Site for the purchase of a Product, the CLIENT must:
- have a User Account opened in compliance with the article on data confidentiality
- be the holder of a valid bank card

Orders are placed exclusively on the Internet in the following stages:

the Customer fills his/her basket with Products,
the Customer creates an account or registers if already a member of the BOBTOYS community,
the Customer provides information concerning his/her delivery details,
the Customer is informed of the delivery method and the amount of delivery charges,
the Customer chooses his/her method of payment,
the Customer validates the General Conditions and his/her order,
the customer is redirected to a page of our partner Stripe, and makes a payment request,
Finally, the Customer receives an e-mail confirming the order.

The Customer is responsible for verifying the completeness and truthfulness of the information provided to BOBTOYS at the time of ordering, particularly the delivery address. The order validation e-mail signifies BOBTOYS ' acceptance of the Customer's order and thus forms the sales contract between the parties in accordance with the provisions of the General Terms and Conditions. The information provided by the Customer as well as the General Terms and Conditions form the contract between the Customer and BOBTOYS and will be reminded in the order validation e-mail. The Customer is responsible for keeping this validation e-mail, which represents his copy of the sales contract. BOBTOYS cannot be held responsible for the fact that this email is deleted by an "anti-SPAM" device. The Customer may access the contents of his order at any time by logging on to the Site and opening the "My Account" tab. The General Terms and Conditions can be consulted from any page of the Site.

4. Availability

As part of a classic sale of a Product from the collection, the Internet user may order any product listed in the permanent catalog. Only the confirmation sent by BOBTOYS when the order is placed can guarantee the availability of the product. If the Product is not available after the order has been placed, the Customer will be informed by e-mail or telephone of the delivery of a partial order or the cancellation of the order.

5. Awards

The sale prices of the Products offered on the Site in the Sales Sessions are indicated in Euros and increased with the VAT rate applicable on the day of the order.

Price to be paid: The price to be paid is the price indicated on the Site in the Product data sheet, increased by the ancillary costs (in particular delivery costs and service options) communicated at the time of the order. It may be reduced by a discount (e.g. promotional codes or vouchers). The price will not be final until the order has been confirmed. All prices are displayed on our Site in euros and include all taxes ("TTC").

Promotional codes or vouchers: the CUSTOMER may benefit from personal and non-transferable promotional codes or vouchers which may be used when validating his/her order by entering their reference in the purchase form. It is specified that promotional codes or vouchers are only valid for the duration indicated by the COMPANY to the CLIENT.

Shipping costs: Shipping costs are due for each order placed. The exact amount of shipping costs depends on the delivery method chosen, the place of delivery and the contents of the order. The amount of the delivery charges will be indicated in the basket and will be subject to the Customer's approval before the basket is validated. To obtain an estimate, the Customer may carry out a purchase simulation on the Site. In all cases, this indication remains an estimate, and only the price selected at the time of validation of the basket has contractual value, barring exceptions such as delivery difficulties or special delivery methods that may give rise to additional costs.

Discount and VAT: Orders are payable immediately. No discount will be applied. In the event of a change in the rate of VAT, the price will be automatically modified without prior notice other than the legal date on which the new rate becomes payable.

Price variations: The prices of Products appearing on the Site are subject to change. BOBTOYS reserves the right to modify prices without prior notice, particularly in the event of labelling errors. Subject to the following, the prices appearing at the time of purchase are the prices applicable to that purchase. Although the website has been compiled with the utmost care, it is possible that the prices indicated may contain errors. BOBTOYS is in no way bound by its offer and reserves the right to cancel the customer's purchase in the event of such an error.

Foreign currencies: Prices are quoted in Euro. If the currency of payment differs from the currency in which the prices appear, the Customer's bank will apply its exchange rate in force at the date of purchase, beyond BOBTOYS' control.

6. Terms of payment

Once the GCS have been validated, the CLIENT will proceed with payment of the order by credit card via Stripe, a third-party service provider ensuring transaction security. The CLIENT must have one of the following debit or credit cards: Carte Bleue®, MasterCard®, VISA® and American Express®.

Payment for goods can be made by credit card throughout France. The customer enters his contact details, validates the basket and the total price. They confirm their order and are then redirected to a page of our partner Stripe, where they provide their credit card details. The receipt of a confirmation by BOBTOYS validates the sale. The sale is then concluded under the suspensive condition of the availability of the product and therefore of the receipt of a confirmation sent by BOBTOYS to the email address indicated by the Internet user at the time of purchase.

BOBTOYS retains ownership of the goods sold until delivery of the goods to the customer or to the recipient designated by the customer. Default of payment by either party may result in reclamation of the goods. These provisions do not prevent the transfer to the Internet user, upon delivery, of the risks of loss and deterioration of the goods purchased, as well as any damage they may cause.

7. Payment security

BOBTOYS has chosen high-performance, rigorous tools for securing payment methods. BOBTOYS has adopted a Stripe payment solution using SSL (Secure Socket Layer) encryption, one of today's most effective security systems, which establishes an encrypted connection directly between the customer and the bank.

BOBTOYS has no access whatsoever to confidential information relating to the means of payment used by the Customer. This is why the Customer's bank details will be requested for each new order. Only Stripe has access to this confidential information, which remains inaccessible to third parties.

Although BOBTOYS uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. BOBTOYS shall not be liable for damages resulting from the use of electronic means of communication, including - but not limited to - damages resulting from failure or delay in transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and for the transmission of viruses.

8. Delivery

8.1 Terms of delivery

Products are shipped within the Territory defined in these General Terms and Conditions.

Delivery is made by courier or by delivery company, at the Customer's choice from among the delivery methods offered and determined according to the weight and dimensions of the parcel. Each product in the basket may be delivered independently. At the time of ordering, the Customer must carefully fill in all the fields on the delivery form, including his delivery details and indicate a landline or mobile telephone number. Neither BOBTOYS nor the shipping company can be held responsible for the impossibility of delivery due to imprecision or error in the delivery address.

Delivery person: delivery may be made by a delivery person for bulky or heavy packages. In this case, the Customer is contacted either by e-mail or by telephone directly by the Delivery Driver so that they can arrange a delivery appointment (hereinafter, the "Appointment"). At the time of this contact, the Customer must expressly point out any difficulties of access or passage that the Supplier may encounter during delivery (including those previously indicated on the order form). In particular, the Customer is required to measure the access passages from his home in order to confirm to the Supplier his accessibility to the Product ordered. Any additional delivery costs required to hire specific equipment (such as a forklift truck) to deal with access difficulties specified by the Customer must be validated and paid for by the Customer prior to delivery.

Courier: smaller or lighter parcels can be delivered by courier. The Customer must indicate a delivery address where a natural person will be able to receive the parcel on the first delivery (for example: workplace, home of a friend or family member, janitor, etc.).

8.2 Delivery times

The delivery times indicated during order validation are calculated in working days and are specific to each Product. Due to the variety of supply zones, manufacturing and logistical constraints, these times may vary and BOBTOYS cannot be held responsible.

8.3 Additional charges

In case of impossibility of delivery on the day of the Appointment due to inappropriate information, difficulties of access or passage not previously indicated by the Customer or absence of the Customer at the Appointment in violation of the commitments made during the contact, new delivery charges may be invoiced by BOBTOYS, which will contact the Customer for the payment of these new delivery charges before any new delivery of the Product. In case of non-payment of these fees, BOBTOYS reserves the right not to proceed with the delivery of the Product. The risk of damage resulting from these constraints will also be borne by the Customer.

8.4 Postponement of delivery date/change of delivery location

If the Customer wishes to change the delivery address or postpone the delivery date, he must inform BOBTOYS as soon as possible and no later than seven (7) working days before the planned delivery date. To inform BOBTOYS, the Customer must use the "Contact" section available on the Site. He/she should quote his/her order number, the Product concerned and indicate his/her comments justifying the modifications. BOBTOYS will then confirm its acceptance or its motivated refusal by e-mail or telephone as soon as possible.

8.5 Receipt of ordered products

At the time of delivery, the Customer must unpack the Product in the presence of the Driver/Courier and check that the Product delivered corresponds to the order and that no damage has occurred to the Product before signing the delivery note. In the event of any anomaly, the Customer must write precisely the nature of his/her reservations on the delivery note. These reservations must be handwritten, dated, detailed and signed on the delivery slip. The words "damaged product", for example, are not sufficiently explicit. The customer must indicate the nature of the damage: scratches, dents, stains, etc. Similarly, if a delivery error is noted, the Customer must specify the nature of the error: wrong color, round feet instead of square feet, wrong reference number, etc.

In the event of error or damage, the Customer must refuse the Product and send us his/her reservations within five (5) days by e-mail via the "Contact" section of the Site and simultaneously by registered letter with acknowledgement of receipt to the address below: BOBTOYS 10 Route de Vecoux, 88360 Rupt-sur-Moselle.

Any complaint made after this deadline will not be accepted. If the Customer does not express any reservations, the Product delivered is deemed to be satisfactory and may not be contested at a later date. For example, the Customer may not make any reservations either to BOBTOYS or to the deliveryman/courier, after the departure of the deliveryman/courier, even if the parcel has not been opened in the presence of the latter.

Except in cases of lack of conformity or latent defects, no subsequent claim and/or reservation will be accepted by BOBTOYS, after receipt of the Products by the Customer, if the latter has not complied with the procedure described above.

9. Cancellation Returns and Right of Withdrawal

9.1 Cancellation

The customer may cancel any product order, without giving any reason, provided it has not already been dispatched.

To request an order cancellation, the Customer should contact BOBTOYS by e-mail via the "Contact" section of the Site.

9.2 Withdrawal

The Customer has 14 (fourteen) working days from receipt of the goods to return the order for any reason whatsoever. In application of Belgian law, Belgian customers have fifteen (15) days to exercise this right. In the event of retraction, all return costs will be charged to the customer. This period is calculated on the basis of working days: if the period expires on a Saturday, Sunday or public holiday, the period is extended until midnight on the first working day thereafter. In order to facilitate the processing of the Customer's request for retraction, it is possible to send such a request to BOBTOYS via the "Contact" section available to the Customer on the Site.

The procedures for exercising the right of withdrawal are as follows:

For bulky and/or fragile Products, delivered via a specialized carrier (hereinafter the "Deliverer") or those delivered by courier, the Customer must contact BOBTOYS in order to organize the return of the Product. For a return from home, the Deliverer will make an appointment with the Customer and will then check at the Customer's home that the Product is in new condition and in its original packaging. The Product must show no signs of use and must be accompanied by its accessories and any instructions for use or assembly. If these conditions are met, the Supplier will take back the Product.

BOBTOYS will carry out a quality control of the Product at the warehouse. The Products must be in new condition, in their original packaging, without any trace of use, and accompanied by their accessories and any instructions for use or assembly. BOBTOYS will only proceed with the reimbursement of the sums received for the returned Products once it has verified that these conditions have been met. If the above-mentioned conditions are not met, the Customer's refund will be reduced by the amount corresponding to the loss of value of the Product noted during the inspection.

Products must be returned complete, in their original packaging. If the returned product is not in its original condition and the original packaging (cardboard box) is intact and not unsealed or torn, BOBTOYS reserves the right to apply a discount to the refund according to the following rules: if the original packaging is damaged and the cardboard box is unsealed, the product will only be refunded at 50% of its value. If the product is deteriorated, incomplete, damaged, soiled or unfit for resale, and is not returned in its original packaging, it will not be refunded.

Once the Products have been returned in compliance with the procedure described above, the refund (not including the initial shipping costs of the Product) will be made within a maximum of thirty (30) days following the date of receipt by BOBTOYS of the returned Products. After this period, interest will be charged at the legal rate. Return costs are always at the Customer's expense. Throughout the procedure, the Customer will be informed by e-mail of the receipt of his retraction, the return of his parcel and the date of reimbursement.

10. Hidden defects

BOBTOYS guarantees the Customer against all consequences of hidden defects that may affect the Products sold, unless otherwise stipulated on the Site in accordance with the provisions of French law.

The warranty for hidden defects only applies if the Internet user proves that the defect he/she has identified already existed before BOBTOYS delivered the product. It is the customer's responsibility to have the product appraised at his/her own expense in order to obtain proof of the existence of the hidden defect.

BOBTOYS ' liability shall never exceed the value of the item in question. Furthermore, no other indemnity may be claimed by the Internet user apart from those expressly provided for by the French Consumer Code.

11. Intellectual Property

BOBTOYS is a registered trademark and https://www.bobtoys.fr is a protected domain name. They are the exclusive property of BOBTOYS and may not be used without our prior consent. Any link to other sites without the prior agreement of BOBTOYS is strictly forbidden.

The graphic and editorial elements presented on the Site are the property of BOBTOYS and are protected by copyright. The presentation of products (photographs, videos, drawings, product sheets, etc.), whether for sale or not, are also the property of BOBTOYS or its partners (designers, suppliers, etc.) and may not be reproduced without the express authorization of their respective owner(s). Any copy or reproduction, any use of all or part of our graphic and/or editorial elements or of any presentation of our products is strictly forbidden and constitutes an infringement of our intellectual property rights, which will be prosecuted and punished as such.

12. Privacy

In application of the French law n°78-17 of January 6, 1978, it is reminded that the nominative data requested from the buyer are necessary for the processing of his/her order.

BOBTOYS undertakes to use the confidential information of its Internet users only within the framework of the operation of its Site. Within the framework of partnerships, BOBTOYS may rent, sell or use its customer file in partnership with other companies. The use of Customer/Member contact details will therefore be made in accordance with the expression of their preferences at the time of registration.

At the first request of the Internet user wishing to no longer appear in the BOBTOYS database, we undertake to deactivate all contact details and information relating to the member concerned.

BOBTOYS may use technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to the site.

Furthermore, BOBTOYS only collects personal data such as surname, first name, address and e-mail address if these are provided voluntarily by the visitor. The data collected in this way may not be used for any commercial purposes other than those specified on the site or which may be developed subsequently by BOBTOYS.

None of this information may be passed on to third parties without the express consent of the member at the time of registration or subsequently in the member's data management area. Each member has the right to access, modify, rectify or delete data concerning him or her (article 34 of the French Data Protection Act). To exercise this right, please contact BOBTOYS by sending an e-mail to contact@bobtoys.fr or, at any time, by modifying your data in "My account".

13. Disputes and liability

The Customer is responsible for verifying the completeness and truthfulness of the information provided to BOBTOYS at the time of ordering, in particular the delivery address. BOBTOYS cannot be held responsible for any typing errors that may cause delivery errors. BOBTOYS cannot be held responsible for the Customer's failure to comply with the delivery terms and conditions and the Appointment that the Customer has set with the carrier. In this case, the Customer will be responsible for the costs necessary for the reshipment and storage of the products. Without limiting the preceding paragraphs, BOBTOYS ' liability shall not exceed a sum equal to the amounts paid or payable at the time of the transaction giving rise to said liability, whatever the cause or form of the action concerned. All irresistible, unforeseeable events or circumstances beyond the control of the parties, in particular total or partial strikes by carriers, riots, war and natural disasters, are considered as fortuitous events or force majeure exonerating BOBTOYS from liability.

The choice and purchase of merchandise by the Customer is his sole responsibility. Consequently, the total or partial impossibility of using the Products, in particular due to incompatibility of equipment, cannot give rise to any compensation, reimbursement or liability on the part of BOBTOYS, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal as provided for in the French Consumer Code.

14. Dispute Resolution

The General Terms and Conditions shall be executed and interpreted in accordance with French law. Prior to any dispute, the parties shall seek to reach an amicable agreement, it being recalled that the latter shall not interrupt the time limits for taking action in warranty. In the absence of an amicable agreement, any dispute of any nature or any objection relating to the formation or execution of the order, even in the event of recourse to a guarantee or multiple defendants, will be the exclusive competence of the courts in the jurisdiction of BOBTOYS' registered office. The jurisdiction of the courts will be in accordance with the rules of the French Code of Civil Procedure when the purchaser is not a professional.

15. Language

The General Conditions, orders, correspondence e-mails and the sales contract concluded with the Customer are in the French language for the Territory.

16. Severability of clauses

If, for any reason whatsoever, one (or more) of the clauses of these General Terms and Conditions of Sale should be declared null, void, illegal or inapplicable as a result of a law, regulation or final decision of a competent court, this modification shall not call into question the validity, legality or applicability of the other stipulations of these General Terms and Conditions and shall not release the Internet user from the performance of his contractual obligations.0