General terms and Conditions of Use

The purpose of the present general terms and conditions of use, known as “GCU”, is to provide a legal framework for the terms and conditions of provision of the site and services by Jack O’Toy and to define the conditions of access and use of the services by the “User”.

These GCU are accessible on the site under the heading “General terms and Conditions of Use”.

The GCU must be accepted by any User wishing to access the Site. They constitute the contract between the site and the User. Access to the site by the User signifies his acceptance of these GCU. The User undertakes to respect these conditions.

Any registration or use of the site implies the acceptance without any reserve or restriction of these GCU by the user.

In the event of non-acceptance of the GCU stipulated in this contract, the User must renounce access to the services offered by the site. Jack O’Toy reserves the right to unilaterally modify the content of these GCU at any time.

ARTICLE 1 : Legal mentions

 

The website www.jackotoy.fr is published by the company Jack O’Toy, a sole proprietorship, registered in the Poitiers Trade and Companies Register under number 908 226 681, whose head office is located at 1339 Bis Route de Brazoux, 86550 Mignaloux-Beauvoir, France, +(33)7 69 76 61 22, contact@jackotoy.fr.

The Director of the publication is Mr BILLORÉ Tony.

The host of the site www.jackotoy.fr is the company OVH SAS.

ARTICLE 2: Access to the site

 

The website www.jackotoy.fr allows the User free access to the following services:

-Access to the Jack O’Toy product catalogue.

-Online ordering of Jack O’Toy products and related products.

-Access to the media used to present the products and the site.

-Access to all documents and information necessary for the proper functioning of the site.

The website is accessible free of charge from any location to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at the User’s expense.

The non-member User does not have access to the reserved services. To do so, they must register by filling in the form. By agreeing to register for the reserved services, the member User undertakes to provide truthful and accurate information concerning his civil status and contact details, in particular his e-mail address. The User is responsible for updating the information provided. It is specified that he/she can modify it by connecting to his/her member area.

To access the services, the User must identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. As such, he/she shall refrain from disclosing them. Otherwise, he/she will remain solely responsible for the use that will be made of them. The User may also request to unsubscribe by going to the dedicated page on his personal space or by sending an e-mail to: rgpd@jackotoy.fr. This will be effective within a reasonable time.

In the event of non-compliance with the general terms and conditions of sale and/or use, the site www.jackotoy.fr will have the possibility of suspending or even closing a User’s account after formal notice has been sent by electronic means and has remained without effect. Any deletion of an account, for whatever reason, will result in the pure and simple deletion of all personal information of the User. Jack O’Toy is not liable for any event due to force majeure that results in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance. In these cases, the User agrees not to hold the publisher responsible for any interruption or suspension of service, even without notice. The User may contact the site by e-mail at the publisher’s e-mail address given in ARTICLE 1.

ARTICLE 3: Personal data

 

The site ensures that the User’s personal information is collected and processed with respect for privacy in accordance with the law n°78-17 of 6 January 1978 relating to information technology, files and freedoms.

In accordance with the French Data Protection Act of 6 January 1978, the User has the right to access, rectify, delete and oppose his or her personal data.

The User may exercise this right:
• by e-mail to rgpd@jackotoy.fr

• by post to Jack O’Toy, 1339 Bis route de Brazoux, 86550 Mignaloux-Beauvoir

ARTICLE 4: Intellectual property

 

The brands, logos, signs and all the contents of the site (texts, images, sound, etc.) are protected by the Intellectual Property Code and more particularly by copyright.
The User must request prior authorisation from the site for any reproduction, publication or copy of the various contents. The User undertakes to use the contents of the site in a strictly private context; any use for commercial or advertising purposes is strictly forbidden. Any total or partial representation of this site by any means whatsoever without the express authorisation of the website operator would constitute an infringement punishable under Article L 335-2 et seq. of the French Intellectual Property Code. In accordance with article L122-5 of the Intellectual Property Code, it is reminded that the User who reproduces, copies or publishes protected content must cite the author and his source.

ARTICLE 5: Responsibility

 

The sources of the information published on the site www.jackotoy.fr are deemed reliable but the site does not guarantee that it is free of defects, errors or omissions. The information provided is presented for information purposes only and has no contractual value. Despite regular updates, the site www.jackotoy.fr cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained in this site.

The User shall ensure that his/her password is kept secret. Any disclosure of the password, in whatever form, is prohibited. The User assumes all risks associated with the use of his/her login and password. The site declines all responsibility.

The site www.jackotoy.fr cannot be held responsible for any viruses that may infect the computer or any computer equipment of the Internet user, following use, access or downloading from this site. The site cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.

ARTICLE 6: Hypertext links

 

Hypertext links may be present on the site. The User is informed that by clicking on these links, he/she will leave the site www.jackotoy.fr. The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.

ARTICLE 7 : Cookies

 

The User is informed that during his visits to the site, a cookie may be automatically installed on his browser.

Cookies are small files temporarily stored on the hard disk of the User’s computer by your browser and which are necessary for the use of the www.jackotoy.fr website. Cookies do not contain any personal information and cannot be used to identify anyone. A cookie contains a unique, randomly generated and therefore anonymous identifier. Some cookies expire at the end of the User’s visit, others remain. The information contained in cookies is used to improve the site, for example by :

  • allowing a service to recognise the User’s device, so that they do not have to give the same information over and over again, for example by filling in a form or a survey.
  • remembering that you the User has already given their login and password, so that you don’t have to do it again on every new page.
  • monitoring how users use the services, to make them easier to use and to allocate enough power to ensure responsiveness.
  • analysing ‘anonymised’ data to help understand how users interact with different aspects of the online services, and so enable them to be improved.

By browsing the site, the User accepts this.
If the User does not accept them, he/she is informed that certain functions or pages may be refused. The User may deactivate this cookie by using the settings in his/her browser software.

ARTICLE 8: Publication by the User

 

The site allows members to publish comments on the products ordered.
In his publications, the member undertakes to respect the rules of Netiquette (rules of good conduct of the Internet) and the rules of law in force. The site may exercise moderation on the publications and reserves the right to refuse to put them online, without having to justify this to the member. The member remains the owner of all his intellectual property rights. However, by publishing a publication on the site, he/she grants the publishing company the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute his/her publication, directly or through an authorised third party, throughout the world, on any medium (digital or physical), for the duration of the intellectual property. In particular, the Member grants the right to use its publication on the Internet and on mobile telephone networks. The publishing company undertakes to include the member’s name in the vicinity of each use of its publication. Any content put online by the User is of his sole responsibility. The User undertakes not to put online any content that may harm the interests of third parties. Any legal action taken by an injured third party against the site will be borne by the User. The User’s content may be removed or modified by the site at any time and for any reason, without prior notice.

ARTICLE 9: Applicable law and jurisdiction

 

French law applies to this contract. In the event of failure to resolve a dispute between the parties amicably, the French courts shall have sole jurisdiction. For any question relating to the application of these GCU, you can contact the publisher at the address and phone number listed in ARTICLE 1.