Terms and Conditions
General Terms and Conditions for Online Sales
These General Terms and Conditions are agreed between:
- E.M.D., a company with registered capital of € 71,599, whose registered headquarters are located at 10 impasse Laurence Danily, 97150 Saint Martin, registered under Number 353 785 520 with the Corporate Registry of Basse Terre (“E.M.D”), running the www.mytoylet.com website;
- any person or legal entity making a purchase through the www.mytoylet.com website (“Buyer”).
Article 1. Subject of the Agreement.
The present Terms and Conditions govern contractual relationships between E.M.D. and the Buyer, as well as governing any purchase made through the www.mytoylet.com website. The purchasing of goods through the website implies that the Buyer unreservedly accepts the present terms of sale and agrees to having read and understood the present Terms and Conditions before confirming the purchase.
Prior to any transaction, the Buyer declares that the purchasing of products on the www.mytoylet.com website is unrelated to any professional activity and is strictly personal, as a consumer, as well as to having the full legal capacity to agree to the present terms and conditions.
E.M.D. reserves the right to modify these terms of sale at any time for the purpose of complying to new regulations or to improve the use experience of its website. In this case, the applicable Terms and Conditions will be those in effect on the date of the purchase order by the Buyer.
Article 2. Products.
The products on sale are those displayed on the E.M.Dwww.mytoylet.com website while supplies last. E.M.D. reserves the right to change the product assortment at any time. Products displayed on the website are accompanied by a description of their main features. Product photos show products as clearly as possible but do not obligate the Seller in any form. The sale of products displayed on the www.mytoylet.com website is intended for Buyers residing in countries fully authorizing the imports of such products within their Territory.
Article 3. Prices.
Prices showing on the product sheets of the Internet catalogue are displayed in Euros (€), including tax and the VAT rate in effect on the date of purchase. Any changes in taxes or VAT rates may affect product prices. E.M.D. reserves the right to modify prices at any time. It is however understood that only the prices listed on the catalogue at the time of purchase are applicable to the Buyer. Listed prices do not include shipping costs, which are charged separately and added subsequently to the product price.
Article 4. Orders and method of payment.
Secure payments by PayPal or by credit card (through PayPal): Products are selected by the Buyer and added to the “cart”; it is possible to adjust and change the contents of the cart (as to quantities, references); the Buyer checks the provided delivery address or fills out a new one. Shipping costs are then added to the purchase amount, and the courier name added; Preferred payment method is selected: “Payment through PayPal”. The following step requires a verification of the information provided by the Buyer and the acceptance of the present General Terms and Conditions by checking the appropriate box. Finally, the purchase is confirmed by clicking on “Buy now”.
The Buyer is redirected to the secure PayPal interface to safely provide PayPal account information or credit card details. If the payment is accepted, the order is registered and the contract formed. Payments made through PayPal or by credit card are irrevocable.
In the event of unauthorized credit card use, fraudulent purchases will be refunded upon the cardholder’s request. Cardholders are not liable for evidence-supported, fraudulent card-not-present charges.
Refunds for unauthorized use of credit cards (and related banking expenses) can be obtained by notifying the bank in writing within 70 days of the date of the fraudulent use, or within 120 days if the underlying contract provides for this term. Banks generally make refunds within one month of receipt of the Buyer’s written notice and with no refund charges to the cardholder.
Confirmation of an order by the Buyer signifies unreserved acceptance of these Terms and Conditions; the Buyer thereby agrees that these Terms and Conditions have been read and understood and thereby waivers any own terms and conditions of purchase.
The provided information and the registered order constitute proof of the transaction. E.M.D. will send the Buyer an e-mail confirmation to the-mail address provided on the order form.
The Buyer can contact E.M.D at this e-mail address: firstname.lastname@example.org.
Article 5. Reservation of title.
E.M.D. retains full and complete property of goods sold until full payment is received for the product, including shipping costs and tax.
Article 6. Right of Withdrawal.
According to Article L121-20 of the Consumer Code, the Buyer has a right to withdraw from this contract within 14 working days of delivery and to return the product to the Seller. Returned products will be reimbursed without any additional charges, except for shipping costs.
Article 7. Delivery.
Products are delivered to the address provided on the order form and exclusively in the indicated geographical area. Shipments take place through a Courier appointed by E.M.D.; shipments are tracked and the delivery does not require a signature (non-signature delivery service).
Delivery times are an estimate. If the timing for delivery exceeds thirty days of date of order, the contract will expire and the Buyer will be reimbursed. E.M.D. can provide a shipment tracking number to the Buyer by email. The Carrier will deliver the goods to the Buyer’s street address. If the Buyer misses the delivery, a notice will be left in the mailbox with instructions for collecting the parcel at the closest Mail Office according to timing shown on the notice.
The Buyer bears transportations risks starting from the moment the goods leave E.M.D.’s premises. The Buyer must check the package upon delivery as to contents and integrity in the presence of the Courier/Postal Services employee. Any claim for damages arising during transportation must be notified to the Courier within three days of delivery.
Article 8. Warranty.
Products supplied by E.M.D. are covered by warranty in accordance with the provisions of Articles 1641 and following of the French Civil Code. Nonconforming products can be returned to E.M.D. for replacement or reimbursement. Claims and requests for replacement should be e-mailed to this address: email@example.com within thirty days of delivery.
Article 9. Return Policy.
Products must be returned in their original packaging, in their original state and must be accompanied by any original accessories and leaflets in a perfect state that is suitable for resale, as well as by the accompanying original sales receipt and by the Return Code provided by the Customer Service.
Products will not be refunded and the Buyer is not entitled to a replacement product in the following cases: damaged, incomplete or missing products; damaged original packaging; products not accompanied by the original Sales Receipt or by the Return Code. Return costs will be charged to the Buyer.
E.M.D. reserves the right not to accept returns of products missing any accessory as showing on the relevant product sheet.
According to the provisions of Article L 121-20-3 3rd of the Consumer Code, as well as for the safety or our clients and end users, hygiene products that have been previously used by the consumer cannot be returned. Products will be considered as used when the specific hygiene protection packaging has been opened.
E.M.D. recommends Buyers to return products under the coverage of a complementary insurance providing indemnification for full product price in case of damage in transit or loss of the goods.
E.M.D. is required to exchange goods or to refund the Buyer for the related amount (comprised by product price and shipping costs). Return shipping costs are on the Buyer.
Article 10. Liability.
E.M.D. is held only to an obligation of means in the online sales process and is not liable for any damage resulting from the use of the Internet network, such as a loss of data, intrusion, computer viruses, service breakdown or other issues outside of its control.
Article 11. Intellectual property.
All elements on the www.mytoylet.com website are the exclusive intellectual property of E.M.D. The reproduction, exploitation or use of all or part of any visual or written element, as well as of the logo, is prohibited.
Article 12. Personal data.
E.M.D. commits to preserving the confidentiality of personal information provided by the Buyer that is necessary to supply purchase-related services. Personal data are treated in accordance with Law no 78-17 dated 6th January 1978. Internet users are granted the access and right to change or cancel the provided personal data at any time. Requests should be placed by email to the following address: firstname.lastname@example.org.
Article 13. Governing Law and Jurisdiction.
The Terms and Conditions of this contract are governed by French law. The official language of this agreement is French. The Paris Commercial Court will be competent for any dispute.