PRELIMINARY ARTICLE – DEFINITIONS
“Buyer”: means a natural person, who may or may not be a trader, who has full legal capacity, and places an order on the website as an end consumer; “Order”: means the order agreed between the Seller and the Buyer with the signing of an order form; “Seller”: means AMI, the company that publishes the www.tori.com website and offers for sale the items available on the said website; “Party”: means in the singular either the Seller or the Buyer, and in the plural both the Seller and the Buyer together; “Website”: means the website accessible at the URL www.tori.com published by AMI.
ARTICLE 1 – COMPANY IDENTIFICATION
1.1 The website www.tori.com is operated by AMI, a “simplified joint stock company” [société par actions simplifiée], having a capital of 161,308.00 euros, headquartered at Advanced Magnetic Interaction, 2B avenue Pierre de Coubertin 38170 Seyssinet-Pariset France, and registered in the corporate and trade register [Registre du Commerce et des Sociétés] of Grenoble under the number 800 394 926 (hereafter the “Seller”).
1.2 This website is exclusively reserved for retail sale, for personal use only, and is intended to provide individuals, end consumers, and professionals with tori brand products. The website www.tori.com (hereafter, the “Website”) sells products of the tori brand, in particular the Explorer Pack. The Explorer Pack includes: • 1 tori board • 1 tori catapult • 1 tori wand • 1 tori spacecraft • 1 power bar • 1 creative book • 4 DIY spacecraft • 1 DIY stand • 1 USB cable as well as a range of accessories: • 1 protective case • 1 backpack • 1 pouch • 1 masking tape kit • 1 sticker kit (hereafter, for each of the above, the “Product”). This Website is available in French, English, Italian, Spanish and German. Access to the Website is free for internet users with internet access.
1.3 The Seller’s customer service can be reached at the following address: [email protected]
ARTICLE 2 – SCOPE OF THE TERMS OF SALE
2.1 These general terms and conditions of sale (hereafter, “Terms of Sale”) apply to any sale of the Product made on the Website by adult individual consumers living in the United States, Canada, Switzerland, Turkey, Norway, Iceland, Australia, New Zealand, Hong Kong and the European Union (hereinafter referred to as the “Buyer(s”). The purpose of these Terms of Sale is to set out the terms and conditions of sale for the items offered by the Seller on the Website. They govern all the necessary steps for the placing and tracking of an order by the parties. They in particular set out the rights and obligations of the Seller and of the Buyer.
2.2 These Terms of Sale will be binding upon and enforceable against the Buyer upon acceptance. The Seller reserves the right to adapt or amend these Terms of Sale at any time. In such case, the adapted or amended terms of sale will apply to orders for services signed after they have been posted online. In any case, the version of the Terms of Sale binding upon and enforceable against the Buyer is the one accepted by the Buyer at the time of the validation of his or her order. The documents available on the Website and accepted at the time of the order take precedence over any earlier printed or electronic versions. The Terms of Sale can be accessed on the Website at all times. The Buyer acknowledges having read the Terms of Sale before placing any order on the Website. By submitting an order, the Buyer agrees completely and without reservation to the Terms of Sale. Moreover, it is recommended that the Buyer download a copy of the Terms of Sale at the time of purchase. The Buyer acknowledges and agrees that he or she has the technical skills required to use the Website, and is of the legal age of majority, and has the full legal capacity to be bound by these Terms of Sale. If the Buyer is a consumer, the Buyer acknowledges and agrees he or she has specific rights which could be challenged if he or she uses the services offered on the Website in connection with his or her professional activity, that is to say, in the event where the services are ordered for purposes relating to his or her trade, business, craft or profession. The Buyer represents that he or she has obtained all necessary quantitative and qualitative information on the use and features of the services offered on the Website.
2.3 The relationship between the Seller and the Buyer is exclusively governed by the Terms of Sale. In the event that a clause of the Terms of Sale should be invalid, for any reason whatsoever, it shall simply be deemed unwritten and the other clauses of the Terms of Sale shall remain in force.
ARTICLE 3 – ACCESS TO AND SECURITY OF THE WEBSITE
3.1 Access to the Website is free and open to anyone with an internet access. All costs relating to the access, whether for hardware, software or internet access, are the sole responsibility of the Website users. Users are solely responsible for the proper functioning of their computer equipment and internet access. The Website is accessible 24 hours a day and 7 days a week. The Seller will make its best efforts to enable users to access and use the Website and the services offered thereon in accordance with standard industry practices, but because of the nature and complexity of the internet network, and in particular its technical performances and response times for consulting, searching or transferring data, the Seller cannot guarantee that the Website allowing to access the items will be accessible or available at all times. In particular, the Seller reserves the right, without notice or compensation, to temporarily close the Website or the access to one or more services in order to perform some operations such as update, maintenance, modification or change to the operational procedures, servers and hours of access. The Seller shall not be responsible for the proper functioning of the user’s computer equipment and internet access. The Seller reserves the right to enhance or modify the Website and the services available thereon at any time according to technological developments. Users must ensure that their computer and transmission means are capable of following the technological developments of the Website.
3.2 The Seller acknowledges that all personal data are subject to compliance with the legal framework applicable to the security of personal data. The Seller undertakes to take the necessary measures to ensure the security of the processing of personal data in compliance with data protection regulations.
ARTICLE 4 – ITEMS
The items offered for sale by the Seller are those shown on the Website on the day the Buyer visits the Website. The items are offered on the Website while stocks last. The Seller proposes a description of the items offered for sale in the form of datasheets. An item datasheet includes the picture, price, available sizes and colors, composition, and special features of an item. An item may vary from its picture, depending on the resolution and color settings of the user’s screen. The Seller takes great care to provide online information in relation in particular to the essential characteristics of the items offered for sale, the warranties, the payment and delivery methods before an order is placed. The Buyer is solely responsible, and the Seller shall have no liability, for the choice and fitness for purpose of any item. The Seller reserves the right to withdraw any item from the Website and/or modify the item datasheets at any time.
ARTICLE 5 – PLACING ORDERS
5.1 To order from the Website, the Buyer takes the following steps: – the Buyer selects the Product by clicking on “Order.” The Buyer may view the Product datasheet, which includes a description of the Product, its price including applicable taxes, and the tablets compatible with the Product. The Buyer is also informed of payment methods accepted by the Seller; – by clicking on the “Shopping Cart” icon, the Buyer can verify his or her order and delivery terms. – by clicking on “Pay,” the Buyer can fill in required fields on the order form (last name, first name, complete delivery address, telephone number, email address, and method of payment). The personal data necessary to process and deliver the order is mandatory. The Buyer takes note of the delivery options offered on the Website as well as delivery costs. The Buyer chooses his or her delivery option. The Buyer verifies his or her order details and total price, including taxes and delivery costs. The Buyer may modify or cancel his or her order; – by clicking on “Confirm My Order and Make Payment,” the Buyer submits his or her order, which includes the Product, quantity, and price including applicable taxes and delivery costs. All orders signal acceptance of prices and Products; then – to proceed to payment, the Buyer follows the instructions on the secure platform.
5.3 The Seller will store the writing evidencing of the Buyer’s order for an amount equal to or greater than one eighty (80) euros for a period of ten (10) years from the end of the performance of the service which is the subject matter of the order, and the Seller guarantees that the Buyer can access it at any time during that period. The contractual documents will be kept in electronic or paper form. The Seller will provide the Buyer access to the contractual documents stored on the Website at www.tori.com
ARTICLE 6 – PRICE
The prices of the items are shown in euros, all taxes included. They include the Value Added Tax (VAT) on the day of the order and any other applicable tax. Prices are valid only for the period during which they are accessible electronically on the Website. The sales prices of items are subject to change by the Seller at any time. Such change will be notified to Buyer before any order. In addition, if a tax or contribution were created or changed, the sale price of the items on the Website and sales documents will be adjusted, upwards or downwards, to reflect such creation or change. The prices shown take account of the applicable VAT and any other taxes, where applicable, on the day of the order and any change in the rate applicable to VAT and/or any other taxes will be automatically reflected in the prices of the services offered. The total amount of the order will be displayed in euros, all taxes included, before the Buyer confirms the order. The prices of the items proposed do not include the communication costs related to the use of the Website, which are to be borne by the Buyer, and the delivery costs. Delivery costs will be indicated before the final acceptance of the order.
ARTICLE 7 – AVAILABILITY OF PRODUCTS ORDERED
7.1 The Seller agrees to fulfil orders placed on its Website to the extent permitted by its available stock of Products.
7.2 The Seller will alert the Buyer as soon as possible in the event that an ordered Product is unavailable. The Buyer will then be able to either change his or her order or ask for a refund.
7.3 In the event of a reimbursement, the Seller will refund to the Buyer all amounts paid within 14 days of the date on which the contract was terminated (excluding express delivery costs – see article 10.6). Beyond this period, these amounts will accrue interest at the statutory rate, in accordance with Article L.216-3 of the French Consumer Code.
ARTICLE 8 – PAYMENT
8.1 Payment may be made only via payment cards or via PayPal. The Buyer confirms that he or she is authorized to use said payment card to pay for the order. Secure payments are made via Stripe (VISA, Amex, Mastercard, Apple Pay). The item must be paid online in a single payment at the time of the order.
8.2 By entering his or her credit card information, the Buyer authorizes the Seller to charge his or her account in the amount of the order price. If the account cannot be charged, the sale is immediately cancelled as of right, which leads to the cancellation of the order.
8.3 The Seller agrees to keep its digital records, related particularly to orders and payments made, using reasonable security measures.
ARTICLE 9 – DELIVERY
9.1 Delivery implies the transfer to the Buyer of the physical possession of the item ordered. Delivery will be carried out according to various methods indicated at the time of the order and left to the discretion of the Seller. The various delivery costs and delivery methods available are presented on the Website. The Product will be delivered to the Buyer within thirty (30) days from the order date. The Buyer will be informed by email, sent to the address indicated in his or her customer account, of the shipment of the ordered items.
9.2 The delivered order is accompanied by an electronic invoice (provided in the shipping confirmation email) and by a paper invoice included in the package (including delivery costs and applicable taxes depending on the country).
9.3 In the event of a delay in delivery, the Buyer will be notified by email. If the Seller has not adhered to the agreed delivery schedule or has not delivered the Product within thirty (30) days from the order date, the Buyer may require the Seller to make the delivery while granting it reasonable additional time. If the Seller fails to make the delivery within the new time frame, the Buyer is free to cancel the agreement in accordance with the provisions in Article L.216-2 of the French Consumer Code. In the event that the agreement is cancelled, the Seller will reimburse the Buyer within fourteen (14) days from the date of the agreement termination.
9.4 Upon delivery, the Buyer must verify his or her order by verifying the conformity of the items delivered with the order and check the condition of the package (damaged or opened package, missing or damaged items…) in the presence of the carrier. In the event that the package is damaged, the Buyer must state his or her reservations by writing any reservations on the delivery note accompanied by his or her signature, or refuse the package, by sending a letter to the carrier by registered mail with return receipt requested within three (3) business days from the date of delivery, in accordance with the provisions in Article L.133-3 of the French Commercial Code. The Buyer will also send a copy of this letter to the Seller. Without prejudice to the applicable legal guarantees, the Buyer must send any reservations concerning the lack of conformity of the items as they are on the date of delivery on help.tori.com as soon as possible.
9.5 The Seller will take care of coordinating the delivery. The risk of loss or damage to the Product thus passes to the Buyer when he or she, or a third party indicated by the Buyer, has acquired the physical possession of the Product, as defined in the provisions of. Article L.216-1 of the French Consumer Code.
9.6 Orders will be delivered on the date or within the time period indicated to the Buyer, subject to full payment of the price. Delivery times are specified to the Buyer when he or she places the order, and depend on the delivery address indicated by the Buyer and the method of delivery chosen by the Seller among the following delivery methods: UPS USPS Delivery costs will be added to the total price of the order. Items are delivered to the address indicated by the Buyer at the time of the order. The Seller delivers the items ordered to the United States and the European Union.
ARTICLE 10 – RIGHT AND PERIOD OF WITHDRAWAL
If at any time during the 30 days following your purchase, you are not 100% satisfied with your tori Explorer Pack, you can return it to us for a refund. However, we cannot refund products that were damaged in a way not covered in our Warranty, or items that were not purchased directly from AMI or an authorized retailer. If the Buyer is a consumer, this withdrawal period starts the day on which the Buyer (or a third party other than the carrier and indicated by the Buyer), acquires physical possession of the item(s). In the case of multiple items ordered by the Buyer in one order and delivered separately, or in case of an item consisting of multiple lots or pieces delivered over a specified period of time, the withdrawal periods starts the day on which the last lot or piece is received. If the withdrawal period expires on a Saturday, Sunday, bank holiday or non-business day, it will be extended to the next business day. The right of withdrawal can be exercised without incurring any costs other than the costs to return the item, which are to be borne by the Buyer. In accordance with the law, the right of withdrawal does not apply as regarding orders concerning: – supply of items made to the Buyer’s specifications or clearly personalized; – supply of items which are, after delivery, according to their nature, inseparably mixed with other items. Here’s how to request a refund:
10.1 Contact us by clicking on the widget at the bottom right of the page.
10.2 You will have to give us information on your email address, the reasons for your return (do not hesitate to share with us the reasons for your return, we try to improve our products and processes every day, your opinion is very important!)
10.3 An electronic shipping label will be created with the address of our closest warehouse.
10.4 Package up your Product and accessories and drop your package off at a UPS access point so that UPS can pick up the package and return it to us. To return items, the Buyer must send back the items without undue delay and in any event not later than fourteen (14) days from the day on which the Buyer communicates his or her decision to withdraw. Buyers shall bear the direct cost and the risk of returning the items. Buyers are thus informed that return costs shall be borne by them and may vary according to their choices.
10.5 For the return of your product to go as smoothly as possible, please ensure that you return all Products and packaging in their original condition. Buyers are informed that they will be liable to the Seller for any diminished value of the item resulting from the handling of the item other than what is necessary to establish the nature, characteristics and functioning of the items. Buyers are informed that items must be returned: – in mint condition in their original packaging; – accompanied by the item return form and a copy of the invoice; – undamaged and complete; – not damaged or soiled other than what is necessary to try the item; – with no stained, dented, torn, burnt, discolored, or bent parts; – with all elements representing the brand or brand model (logo, exterior brand label, certificate of authenticity in its ticket folder…).
10.6 Your account will be credited with the amount you paid as soon as we receive and test your product! If the Buyer (as a consumer) exercises his or her right of withdrawal, the Seller will reimburse all sums paid, including the costs of delivery (with the exception of the supplementary costs resulting from the Buyer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than fourteen (14) days from the day on which the Seller is informed about the Buyer’s decision to withdraw. The Seller may withhold reimbursement until it has received the items back or the Buyer has supplied evidence of having sent back the items, whichever is the earliest. The Buyer is thus responsible for keeping proof of shipping. The Seller will carry out such reimbursement using the same means of payment as the Buyer (as a consumer) used for the initial transaction, unless the Buyer has expressly agreed otherwise. In any event, the Buyer will not incur any fees as a result of such reimbursement. Exchanges on any ordered items are not accepted.
ARTICLE 11 – CUSTOMER SERVICE A customer service is available to the Buyer to request information about an order, the exercise of the right of withdrawal or the enforcement of the warranties. Those requests may be made in writing and sent to the customer service at the following address: [email protected]
ARTICLE 12 – LEGAL WARRANTIES
12.1 The Seller agrees to deliver a Product that matches the Product ordered. If the Product does not conform as a result of packaging or setup as defined in the provisions of Article L.217-4 of the French Consumer Code, the Buyer is entitled to a legal warranty of two (2) years from the date that the Product was delivered. The Buyer may choose between replacing and repairing the Product, with the understanding that the Seller may not act on the Buyer’s wishes if his or her choice entails costs that are clearly disproportionate when compared to the other option, in consideration of the value of the good or the degree of the defect, in accordance with Article L.217-9 of the French Consumer Code. The Buyer does not need to prove the existence of the lack of conformity of the Product during the period of twenty-four months following the Product delivery, except for second-hand products, for which the period is six months. The Buyer must send this request to the following address: help.tori.com, explaining the stated problem. It is the Buyer’s responsibility to return the non-conforming Product in its original packaging. If the Seller determines that the Product does not conform, it promises to reimburse the Buyer for all return shipping charges if receipts are provided. In any event, the legal guarantee of conformity applies regardless of the commercial warranty that may be granted by the Seller on the Products ordered.
12.2 In the event that the delivered Product has hidden defects, the Buyer is entitled to a legal warranty covering hidden defects as defined in the provisions of Article 1641 et. seq. of the French Civil Code. In this case, he or she can choose between rescinding the sale and getting a reduction of the purchase price in accordance with Article 1644 of the French Civil Code. Requests must be made as soon as the defect is determined, to the following address: help.tori.com. The Buyer must then prove the stated problems and return the Product in its original packaging. The Seller agrees to reimburse the Buyer for all return shipping charges in the event of hidden defects. The Seller’s liability may not exceed the value of the Product purchased.
12.3 For all other claims, the Buyer may contact the Seller at the following address: [email protected] If the items returned by the Buyer do not correspond to the items ordered on the Website and would come from a source other than the Website, the Seller shall have no obligation as described above.
ARTICLE 13 – LIABILITY
13.1 The Seller is not liable in the event that the Buyer provided inaccurate information while placing the order.
13.2 The Buyer is clearly informed at the time of order placement on the Website about which devices are compatible with the Product, and the Seller shall not be held liable in the event of incompatibility between the Buyer’s device and the Product.
13.3 If the Buyer is a consumer, the Seller will be liable as of right to the Buyer for the proper performance of the obligations under these Terms of Sale.
ARTICLE 14 – FORCE MAJEURE The Seller shall not be liable for the non-performance of these Terms of Sale caused by a force majeure event (including disruption or total or partial strike, especially of postal services and means of transportation or communications). The Seller shall not be liable in the event where the poor performance or non-performance of these Terms of Sale is caused by the unforeseeable and unavoidable action of a third party to the agreement or the action of the Buyer. This Article shall survive the termination of these Terms of Sale for any reasons or grounds whatsoever.
ARTICLE 15 – INTELLECTUAL PROPERTY RIGHTS
15.1 AMI is a protected trademark registered at the INPI [French national institute for industrial property]. All reproduction, use, or distribution, in whole or in part, is strictly prohibited. AMI is a protected trademark registered at the INPI [French national institute for industrial property]. All reproduction, use, or distribution, in whole or in part, is strictly prohibited. tori is a protected trade mark registered at the INPI [French national institute for industrial property]. All reproduction, use, or distribution, in whole or in part, is strictly prohibited.
ARTICLE 16 – PROTECTION OF PERSONAL DATA
16.1 The personal data provided by the Buyer are necessary for the Seller to process the order. The recipient of the personal data is the Seller. As the controller, AMI processes data for the purpose of managing and tracking your order. You have a right of access and information, a right to rectification and erasure, a right to restriction of processing and a right to object to processing, and a right to data portability in relation to your data.
ARTICLE 17 – APPLICABLE LAW AND JURISDICTION
17.1 THE TERMS OF SALE AS WELL AS THE ENTIRE CONTRACTUAL RELATIONSHIP BETWEEN THE SELLER AND THE BUYER ARE GOVERNED BY FRENCH LAW AND ARE SUBJECT TO THE JURISDICTION OF FRENCH COURTS IN THE EVENT OF LITIGATION.
17.2 The Buyer may resort to an amicable resolution in the event of problems in the performance and/or interpretation of the Terms of Sale. If an amicable resolution is decided on, the Buyer must inform the Seller by email. If the Buyer is a consumer, the Buyer is informed by the Seller of the possibility to have recourse to a consumer mediation procedure under the conditions provided for in Title I of Book VI of the French Consumer Code In case of dispute regarding these Terms of Sale. The contact details of the relevant mediator are the following: Address: Fédération e-commerce et vente à distance, 60 rue La Boétie, 75008 Paris; Telephone number: +33 1 42 56 38 86 ; Email address: [email protected] In order to be able to refer the matter to the aforementioned consumer mediator, the Buyer, who is a consumer, must justify having previously tried to resolve the dispute directly with the Seller by a written complaint to the following link. If the Buyer is a consumer, the Buyer is informed that this mediation procedure does not apply to any claims he or she may have notified to the Seller’s customer service in accordance with Article L611-3 of the French Consumer Code.