General terms and Conditions of Sale
The purpose of these general terms and conditions of sale (the “GTC”) is to provide a legal framework for the sale of goods by Jack O’Toy and to define the conditions of purchase by “the customer”.
These GTC are available on the website under the heading “GTC”.
The GTC must be accepted by any customer wishing to place an order. They constitute the contract between Jack O’Toy and the customer. An order is only validated once the customer has accepted the GTC.
Any validation of an order implies acceptance of these GTC by the customer without any reservation or restriction.
In the event of non-acceptance of the GTC stipulated in this contract, the customer must renounce the goods offered by the site.
ARTICLE 1: Scope of application
The present general terms and conditions of sale apply to all orders placed on the website www.jackotoy.fr. These terms and conditions can be consulted via this PDF or by email by requesting customer service.
The website www.jackotoy.fr is written in English in its entirety and is published by the company Jack O'Toy, a sole proprietorship whose registered office is located at 1339 Bis Route de Brazoux, 86550 Mignaloux-Beauvoir, France, registered in the Poitiers Trade and Companies Register under number 908 226 681 R.C.S Poitiers.
ARTICLE 2 : Price
The prices of our products are indicated in Euros excluding VAT. VAT is not applicable on our products, article 293 B of the French general tax code. All orders placed on our site are payable in Euros. Prices can be modified at any time. The products that will be invoiced will be based on the prices in force at the time the order is registered, subject to availability at that time.
The cost of foreign products and services are subject to fluctuation. All advertised prices are subject to currency or customs charges. Any customs duties are the responsibility of the customer.
ARTICLE 3 : Order
After clicking on the "Checkout" button at the bottom of your shopping cart, the customer is redirected to the choice of delivery, where they can check this information and change it using the "change this address" link and choose the payment method.
The customer must read and accept the general conditions of sale before choosing a method of payment. By choosing the payment method and clicking on the "PAY" button, the customer accesses the payment page (secure payment protocol). The contract will then be formed, in accordance with the terms of the French Civil Code, when the order is validated and the customer returns to the order confirmation page.
The customer will receive an email acknowledging receipt of the order. Only the products listed in the confirmation email sent at the time of shipment will be included in the contract.
The customer can place an order on the website www.jackotoy.fr. At the time of ordering, the customer will be informed of the availability of the products. Furthermore, it may happen that certain products are unavailable after the order has been placed. If the products are temporarily unavailable (out of stock, etc.), he will be informed by e-mail and he will be invited to modify or cancel his order. If all the products in the order are permanently unavailable, we will inform the customer by e-mail.
When placing an order, the customer must accept these general terms and conditions of sale by clicking on the box provided for this purpose in order to validate the order. The customer declares and guarantees that he/she is entitled to pay with the payment card provided for the payment and that the price of the order is covered by the funds available.
By ordering, you confirm that all the information you provide to us is accurate, you certify that you are authorised to use the credit or debit card used to place the order and that you have sufficient funds to cover the cost of the goods ordered.
ARTICLE 4: Payment
The price of the order is due immediately on the date the order is placed. The secure payment is managed by our service provider Mollie B.V., located at Keizersgracht 126, 1015 CW Amsterdam, the Netherlands. Information about our partner is available on the following website: https://www.mollie.com/consumers.
We accept payment by credit card, bank transfer, Apple Pay, Paypal, Bancontact, iDEAL, SOFORT Banking, EPS, Giropay, Przelewy24, KBC/CBC Payment, Belfius Direct Net, Klarna Pay now.
Online credit card payments use the SSL (Secure Socket Layer) security protocol. Some orders paid by credit card may be subject to additional checks after the payment has been debited. The customer will then receive an e-mail requesting supporting documents (identity card and credit card, the information of which will have been partially hidden beforehand) in order to validate the dispatch of his order.
ARTICLE 5: Delivery
All our deliveries are made in a closed package with no mention of the Jack O'Toy website, in France. The products are delivered to the address indicated by the customer during the order. The delivery costs will be indicated to the customer before any payment. The delivery time does not include the time required to prepare the order. The delivery time does not constitute an exact deadline and we cannot be held responsible in the event of a stock shortage or delay in delivery. In particular, we shall not be liable for any delay in delivery by the carrier, for whatever reason. The customer has the duty to check the state of the packaging and the conformity of the products he receives following his order.
www.jackotoy.fr undertakes to respect as far as possible the delivery date which is given as an indication on the card of the product(s) that you order. When ordering several items, the delivery time to be taken into account is the longest. If I order a "ready-made" model within 1 week and a "custom" model within 3 to 5 weeks, then my entire order will be shipped within 3 to 5 weeks at least.
Orders can be delivered by Colissimo suivi, Colis Privé, Chronopost or Mondial Relay. When the parcel is delivered to the customer's home, in case of absence of the latter, a notice of passage will be left by the postman or the deliveryman and the parcel will remain at the customer's disposal for a period of fifteen days at the address indicated on the notice of passage. After this period, the package will be returned to us.
The customer must ensure that the delivery address provided is sufficient for a smooth delivery by the shipping service.
All orders returned by the Post Office for DLAI (Does not Live at the Address Indicated) or incorrect addresses will be available within 15 days at Jack O'Toy. If the customer wishes to have the parcel returned to him, he will have to pay the postage costs.
ARTICLE 6: Customer service
For a precise follow-up of your order, our customer service is available at the following e-mail address : firstname.lastname@example.org or by phone at +33 (0)7 69 76 61 22.
ARTICLE 7: Satisfied or refund
In accordance with current legislation, the customer has a period of 15 days (from the date of receipt of the parcel) to request an exchange or refund of the order. We undertake to do this on condition that the article is returned to us in its original packaging and accompanied by its invoice to the following address: 1339 Bis, Route de Brazoux, 86550 Mignaloux-Beauvoir, France.
This right of withdrawal is only valid for an unused product, returned in its original sealed packaging with all its accessories, not handled or loaded. In particular, sex toy products must not have been used and if the packaging has a seal, this must still be intact.
According to the law in force, the right of withdrawal excludes all goods that you have opened and that cannot be returned for reasons of hygiene: underwear, cosmetics, sex toys, etc.
Jack O'Toy reserves the right to refuse the return of a product in case of dissatisfaction for reasons of hygiene regarding the returned product.
Clothing products must not have been worn (however we tolerate that they may have been tried on, except for underwear) and must be returned folded. The shipping and return costs are then at the customer's expense and only the price of the product(s) will be refunded.
If you wish to return your order in full, in accordance with the conditions of return set out in the GTC, you must send us a registered letter with acknowledgement of receipt to Jack O'Toy, 1339 Bis Route de Brazoux, 86550 Mignaloux-Beauvoir, France, together with the withdrawal form available here and the invoice, in a package that is sufficiently protected to benefit from a full refund. If one of the conditions is not respected, the total refund cannot be made.
The return of the product must imperatively be done by the means of a service followed by the Post office, we could not be held for person in charge of the loss or the degradation of the parcel which you return to us. For defective products, any claim for a missing or damaged product in the package must be made by email within 48 hours of receipt of the package. No claim made after this time will be accepted.
In the event of receiving a defective product, the customer must contact our Customer Service Department. Once the defect has been identified, a prepaid return label will be sent to the customer to cover the cost of the return. In the case of a refund, the buyer is responsible for the return shipping costs. We guarantee that the refund will be made by cheque or directly to the credit card used for the purchase within a maximum of 14 days following the date of processing of the return.
Returns are processed within a maximum of 3 weeks from receipt of the package in our warehouse.
Defective products must be returned to us in the condition in which you received them with all the elements: accessories, packaging, instructions, etc. The provisions of this article do not prevent you from benefiting from the right of withdrawal. In the event of a return that does not meet these conditions (withdrawal on a damaged or incomplete product, return under warranty for a product that works, etc.), the product will be returned to the customer in the same condition as it was received, subject to payment of the actual costs of return, as well as the costs incurred for the return to our premises if they had been paid by the company Jack O'Toy.
The contractual guarantees do not cover: the replacement of consumables (batteries, bulbs, fuses, antennas, headphones, microphones, wear and tear of playback or recording heads, etc.), abnormal or improper use of the products. In this respect, we invite you to carefully consult the instructions for use provided with the products, faults linked to accessories (power cables, etc.), faults and their consequences due to the intervention of an unauthorised repairer, faults and their consequences linked to use that does not comply with the use for which the product is intended (professional use, collective use, etc.), faults and their consequences linked to any external cause.
ARTICLE 8 : Warranties
8.1 Commercial warranty
The products sold are covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
Information concerning any commercial guarantees relating to the products and services offered for sale (in particular the content of the guarantee, the terms and conditions of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor according to the products, services and brands concerned) are brought to the attention of the customer, where applicable, on the sheet of each product and service in the online sales area.
8.2 Legal warranty
All products offered by Jack O'Toy are subject to the application of the legal guarantees of conformity (articles L211-4 to L211-14 of the Consumer Code) and hidden defects (articles 1641 to 1649 of the Civil Code). In order to implement one of the guarantees, the customer must contact Jack O'Toy by e-mail at email@example.com or by registered post with acknowledgement of receipt at: 1339 Bis, Route de Brazoux, 86550 Mignaloux-Beauvoir, France.
It is recalled that in the context of the legal guarantee of conformity, the consumer :
-It is recalled that in the context of the legal guarantee of conformity, the consumer :
-may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L211-9 of the Consumer Code;
- is exempt from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
This period is extended to 24 months from 18 March 2016, except for second-hand goods. The legal guarantee of conformity applies independently of the commercial guarantee that may cover your goods. It is reminded that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he/she may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
ARTICLE 9: Responsibility
The customer will find an instruction manual with most of the products delivered. We cannot be held responsible for the misuse of the products on sale on the site, in particular the use for a purpose other than that intended, or the failure to comply with the product's storage and safety instructions. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, we shall not be held liable in the event of an error or omission in any of these photographs, texts, graphics, information or characteristics of the products or in the event of a change in the characteristics of the products.
If you have any questions about the products or our offer, please contact our Customer Service. We are not responsible for the content of sites to which hyperlinks may be made from our own site. Jack O'Toy cannot be held responsible for the non-execution of the contract concluded in the event of stock shortage or unavailability of the product, disruption, total or partial strike, in particular of the postal services, means of transport or communications, flooding, fire and any other case of force majeure.
We shall not be liable for any loss or damage caused by a distributed denial of service attack (DDOS), virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of this website or to your downloading of any material from this website or any linked website.
ARTICLE 10 : Intellectual Property
All texts, comments, works, illustrations and images reproduced on the www.jackotoy.fr website are reserved under copyright law and intellectual property law for the whole world. As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorised, subject to different, even more restrictive, provisions of the Intellectual Property Code. Any other use constitutes an infringement and is punishable under the Intellectual Property Code unless prior authorisation is obtained from Jack O'Toy. Any total or partial reproduction of the site www.jackotoy.fr is strictly forbidden.
ARTICLE 11: Reservation of ownership
The goods delivered to you and invoiced to you will remain the property of Jack O'Toy until the price has been paid in full. Failure to pay in full may result in Jack O'Toy reclaiming the goods, with immediate return and the goods being delivered at your expense, risk and peril. During the period between delivery and transfer of ownership, the risk of loss, theft or destruction, as well as any damage you may cause, remains with you.
ARTICLE 12: Mediation
According to articles L611-1 et seq. of the French Consumer Code, the customer has the right to have recourse free of charge (except for possible legal and expert fees) to a consumer mediator for the amicable resolution of a dispute with Jack O'Toy.
Jack O'Toy is a member of the CM2C Mediation Service (Centre de médiation de la consommation de conciliateurs de justice) whose contact details are as follows: 14 Rue Saint-Jean 75017 Paris https://www.cm2c.net/. After a prior written request from the consumer to Jack O'Toy, the Mediation Service may be contacted for any consumer dispute which has not been resolved. To find out how to contact the Mediator, click here. Since 15 February 2016, the European Commission's online platform for the amicable settlement of disputes is open to the public. Any consumer who has a dispute with a business located in the EU can apply for mediation through this European platform. You can also consult the European Commission's website dedicated to consumer mediation: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_fr..
ARTICLE 13: Personal data
The rules concerning the processing of personal data on the www.jackotoy.fr website are detailed in the Personal Data Protection and Cookies Policy.
ARTICLE 14: Applicable law to disputes
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to herein, shall be subject to French law. Any dispute may be settled by contacting our Customer Service Department and failing an amicable settlement, only the Commercial Court of Poitiers will be competent, whatever the reason for the dispute, the court of the registered office of Jack O'Toy where the contract between the parties was formed.
ARTICLE 15: Acceptance by the customer
The present general terms and conditions of sale as well as the price list are expressly accepted by the person placing the order, who declares and acknowledges that he/she is fully aware of them, the confirmation of the order entailing acceptance of the present general terms and conditions of sale. These conditions may be modified at any time without prior notice. The invalidity of one or more of the clauses of these general terms and conditions of use shall not render them null and void.
ARTICLE 16: Protection of minors
We are aware that the content of Jack O'Toy may be offensive, so we have made certain commitments to your underage children:
-No offensive content in our product sheets.
-No photos of naked models.
-Description writing without vulgarity.
-No pornographic material.
It is your responsibility as parents to monitor the sites your children visit.
Nevertheless, to ensure that your children can access the Internet in complete peace of mind, you can install parental control and filtering software to limit your children's access to certain sites or content.
For more information you can consult www.protection-mineurs.com.
Any person consulting the Jack O'Toy site declares to be an informed public over 18 years of age or with the legal authorization of his parents or legal guardian.
Article 1305 of the Civil Code gives parents the possibility to cancel an order placed by a minor by contacting our customer service.
The Jack O'Toy brand cannot be held responsible if the minor has confirmed his or her information (date of birth) and has in any case filled in false information to purchase adult products by changing the birth value.
The law concerning Article 227-24 of the Criminal Code cannot be applicable because the mere photograph of a nude cannot, subject to the sovereign appreciation of the magistrates, constitute in itself the offence provided for in Article 227-24 of the Criminal Code.