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PREAMBLE
The company TAPILOU markets play mats for babies and toddlers (hereinafter referred to as the “Products”) via its website accessible at the address tapilo.shop (hereinafter referred to as the “Site”).
These general terms and conditions cover both the general terms and conditions of sale for the Products and the general terms and conditions of use for the Site (hereinafter referred to as the “General Terms and Conditions”), and they are applicable between the company TAPILOU and the Customer.
Access to the Site is conditional upon the Customer’s acceptance of these General Terms and Conditions.
1 LEGAL NOTICE
The Site is published by the company TAPILOU, a simplified joint-stock company with a sole shareholder (société par actions simplifiée à associé unique) with a capital of 1,000 euros, registered with the Marseille Trade and Companies Register under number 882 014 095, whose registered office is located at 58 montée de saint menet, 13011 Marseille – FRANCE, represented by Mrs. Déborah Goldberg, in her capacity as president.
(Hereinafter referred to as the “Company”).
The Site is hosted by SHOPIFY INC., a Canadian company registered with the TSX and NYSE under number 426160-7, whose registered office is located at 151 O'Connor Street, Ottawa, Ontario K2P 2L8 – Canada.
Contacts:
2 PURPOSE
The purpose of the General Terms and Conditions is to govern the relationship and mutual obligations between the Company and the Customer who wishes to purchase the Products marketed by the Company.
By placing an order for a Product on the Site, the Customer acknowledges having read the General Terms and Conditions in force on the day of the order, before placing the order, and having accepted them without restriction; this acceptance is in no way conditional upon a handwritten signature by the Customer.
It is specified that the Customer may, at any time, save or print the General Terms and Conditions, provided, however, that they are not modified.
The Company reserves the right to update the General Terms and Conditions at any time. In the event of any modification, the applicable General Terms and Conditions will be those in force on the date of the order.
3 DEFINITIONS
“Beneficiary” refers to the natural person holding the gift card.
“Card” refers to the gift card issued and distributed on the Site by the Company.
“Customer” refers to the internet user browsing the Site and making an online purchase of Product(s) for personal purposes.
“Customer Account” refers to the account created by the Customer and accessible using their Login Credentials.
“General Terms and Conditions” refers to these general terms and conditions of sale of Products and use of the Site.
“Content” refers to the content made available by the Company, accessible via the Site, which includes in particular data, databases, source codes, offers, texts, videos, photos, sound clips, logos, or design.
“Contract” refers to the contractual relationship between the Customer and the Company, including the General Terms and Conditions and the specific terms related to the order.
“Personal Data” refers to any information relating to an identified or identifiable natural person. An “identifiable natural person” is considered to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier, or to one or more specific elements specific to their identity.
“Login Credentials” refers to the name or pseudonym used by the Customer as well as their password to connect to their Customer Account.
“Web Browser” refers to a web browser allowing access to the Site. These include Google Chrome, Safari, Mozilla Firefox, or Internet Explorer.
“Party(ies)” refer(s) alternatively or collectively to the Company and/or the Customer.
“Product(s)” refer(s) to the 100% made-in-France play mats for babies and toddlers marketed by the Company on the Site.
“Services” refers to all functionalities made available to the Customer through the use of the Site.
“Site” refers to the Company’s e-commerce website, accessible at the following address: tapilo.shop.
“Terminal” refers to the smartphone, tablet, or any other hardware equipped with an operating system compatible with the Site, from which the Customer accesses the Content and Services.
4 USE OF THE SITE
4.1 Technical prerequisites
The Site is accessible from a Web Browser at the following URL: tapilo.shop.
The Customer’s Terminal must imperatively be equipped with a compatible operating system such as Windows/Android or macOS/iOS. Furthermore, the Customer’s Terminal must be equipped with an up-to-date version of said operating system in order to ensure optimal functioning of the Site.
4.2 Prior identification for a Customer Account
Placing an order requires the creation of a Customer Account.
The Customer must log in using their Login Credentials, previously entered via the “My Account” tab.
For a first order, the Customer must follow an account creation procedure and fill in the information requested on the Site, namely their last name, first name, email address, and a password.
Once the aforementioned elements are provided, an account creation confirmation email is sent to the Customer.
Every Customer is responsible for the confidentiality and security of their codes. In the event of loss or forgetting their password, the Customer may use the “Forgot Password” help function present on the login portal page.
4.3 Order history
The Customer may access the history of orders they have placed in the tab dedicated to this purpose in their Customer Account.
4.4 Access to the Site
The Services are available 24 hours a day, 7 days a week, except in cases of force majeure or problems due to network malfunctions, malfunctions of the tools used by the Customer, an interruption of the network subscriptions used by the Customer, or the need to carry out maintenance on the Site.
In the latter case, the Company will endeavor to carry out or have maintenance operations carried out at times that are unlikely to interfere with the use of the Services.
The Services are subject to the limitations of networks, but also to the version of the Customer’s Terminal, the choice of their Web Browser, as well as the version of their operating system.
5 PRODUCTS
5.1. Description of Products
The Products offered for sale by the Company are those that appear on the Site, on the day the Customer consults the Site, and within the limit of available stocks. The Company reserves the right to withdraw one or more Products from sale at any time.
The Company takes the greatest care in the presentation of the Products on the Site. Nevertheless, the photographs illustrating the Products are for indicative purposes only and do not enter the contractual field.
Indeed, while every effort is made to ensure that the reproductions of the Products, the photos of which are displayed on the Site, are faithful to the original products, variations (notably slight differences in color and proportion) may occur, particularly due to the technical limitations of color rendering on computer equipment.
Consequently, the Company cannot be held responsible for errors or inaccuracies in the photographs or graphic representations of the Products presented on the Site.
5.2. Product availability
The Products are offered within the limits of available stocks. The Company does not guarantee the availability of the Products presented on the Site. In the event of the unavailability of one or more of the Products concerned by the order, the Customer will be informed as soon as possible by email or phone (if provided) of the unavailability of the Product(s) and the cancellation of their order.
In the event of total cancellation of the order due to unavailability, the Customer’s order will be automatically canceled and their bank account will not be debited.
In the event of partial cancellation of the order due to unavailability:
6 PRICE
The prices of the Products are firm. They are indicated in euros. The applicable rate is that indicated for each Product on the Site.
These prices take into account the VAT applicable on the day of the order but do not include delivery costs, which will be charged in addition and will be specified to the Customer during the final validation of their order.
The amount of delivery costs will be indicated before the Customer validates the order. The various delivery methods are provided for below and may be modified at any time by the Company.
The price charged to the Customer is the price indicated and displayed on the Site at the time of order confirmation.
The Company reserves the right, which the Customer accepts, to modify its prices at any time, with no other formality than carrying the modifications on the Site. These modifications will not, however, affect the orders that the Customer has validated before the entry into force of these modifications, subject to the availability of the ordered Products.
7 RETENTION OF TITLE
The ordered Products remain the property of the Company until full payment of their price has been received by the Company.
8 ORDERS
It is specified that the Products are intended for personal use by the Customer, without any direct relation to their professional activity. To place an order on the Site, the Customer must be an adult and have the legal capacity to do so.
The Customer must have created a Customer Account prior to any order.
8.1 Order
The Customer places an order directly with the Company on the Site.
Following the validation of payment by the Customer, a confirmation of the acceptance of the order will be sent by email to the Customer by the Company.
The order confirmation includes the summary of the ordered Product(s), the price, the transport costs, and the order number.
The sale will be considered as definitively formed only after the validation of payment by the Customer and the receipt by the Customer of the order acceptance confirmation email from the Company.
The validation of payment by the Customer and the order acceptance confirmation email from the Company shall serve as proof of acceptance of said order and its final validation.
From the moment the payment is validated, the order is final and can no longer be modified.
In the event of a temporary stock shortage or the marketing of a new Product not yet available, the Customer may place a pre-order on the Site under the conditions provided for in Article 8.1 and subject to the conditions of the last paragraph of Article 5.2 of these terms.
Once the Product(s) is/are available, the Customer will be delivered in accordance with the provisions of Article 11 of these terms.
9 PAYMENT
Unless the server is unavailable, the Customer will pay for their order after final validation thereof on the Site, by Bank Card (Carte Bleue, Visa, Mastercard, and American Express), with the possibility of payment in three installments free of charge (Alma), by PayPal, or by means of their gift card.
Payment is made via a secure server and payment operator. This implies that no banking information concerning the Customer passes through the Site. Payment by bank card is therefore completely secure.
The bank card is debited at the time of validation of the order by the Customer.
The Customer guarantees the Company that they have the necessary authorizations to use the chosen payment method at the time of validation of the order. In the event of refusal by the bank, the order will be automatically canceled.
Purchase invoices are sent by email to the address indicated by the Customer when registering their order on the Site and are also available in their Customer Account.
10 GIFT CARD
10.1 Purpose
These provisions govern the terms of use of the gift card (hereinafter referred to as the “Card”) issued and distributed by the Company.
10.2 Purchase of the Card
The Card can be purchased only on the Site.
10.3 Validity of the Card
The Card has a validity period of 12 (twelve) months from its activation date.
The Card is activated upon validation of the order by the Customer.
At the end of the validity period, the Card can no longer be used. The remaining balance on the Card will then be lost. Furthermore, the Card will neither be renewed nor exchanged.
10.4 Use of the Card
The Card can only be used by an adult natural person and cannot under any circumstances be subject to a refund request by the Customer or the Beneficiary.
The Card is not a credit card. It can be used as a means of payment, in one or more installments, during its validity period, only to pay for an order placed on the Site and within the limit of its balance.
If the balance on the Card is not sufficient to cover the amount of the order, the Beneficiary may supplement it with another payment method.
10.5 Loss and theft of the Card
The Customer is responsible for the Card they purchase.
No refund will be made in the event of theft or loss.
10.6 Complaints
The transactions recorded by the Company’s computer systems serve as proof of the transactions actually carried out using the Card.
In the event of a dispute regarding the Card’s balance following its use, the Beneficiary may send a complaint to the Company’s Customer Service by mail to the following address: 58 montée de saint menet, 13011 Marseille – FRANCE, via the contact form available on the Site, or by email to the address contact@tapilou.com.
11 DELIVERY
11.1 Delivery address
The Products ordered by the Customer will be delivered to the address indicated by the Customer as the delivery address when placing their order.
11.2 Shipment and delivery
Products are shipped within 48 hours (working days) when they are in stock.
The delivery time and cost depend on the delivery method chosen by the Customer when placing their order.
The delivery period begins to run from the sending of the order shipment confirmation email.
For any delivery, the Products are delivered by GLS or RELAIS-COLIS, and the amount of delivery costs is calculated on a flat-rate basis as follows:
Delivery in Metropolitan France:
RELAIS COLIS
STANDARD
3 to 5 days
Five (5) Euros including tax, on the day these General Terms and Conditions were drafted.
GLS
EXPRESS
24h to 48h
Eight (8) Euros including tax, on the day these General Terms and Conditions were drafted.
GLS
STANDARD EU (noting that the list of countries concerned is limited)
Variable depending on the country
Fifteen (15) Euros including tax, on the day these General Terms and Conditions were drafted.
For Corsica, delivery times are extended by an average of 1 to 2 days.
In the event of delivery to a pickup point or post office, the Company excludes any liability in the event that the Customer does not collect the package within the allotted time. In this case, the package is returned by the carrier at the Company’s expense. Consequently, the additional delivery costs for a second shipment will be borne by the Customer.
The delivery time indications come from the carriers, are expressed in working days, and are provided to the Customer for information purposes only.
12 RECEIPT OF PRODUCTS
The Customer undertakes, upon delivery of the Product(s), to check the conformity and condition of the Product(s) packaging.
In the event of an anomaly concerning the delivery, in particular deterioration or partial loss of the Product(s) (missing items compared to the Company's invoice, delivery delay, etc.), the Customer must imperatively formulate, upon receipt, reservations which must be submitted via the contact form available on the Site or by phone at the following number: 07.49.10.01.95 within a maximum period of fourteen (14) days from receipt of the Products.
In the event of a missing Product, if it is found before the indicated delivery date, the Product may be redirected to the delivery address designated in the order confirmation email.
If the order or the missing Product has not been delivered after the indicated delivery date, for any reason other than a case of force majeure, the Customer must inform the Company without delay of the delivery delay and ask it to regularize the situation by requesting the reshipment or refund of the Product.
13 RIGHT OF WITHDRAWAL AND RETURN OF PRODUCTS
In accordance with the provisions of Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) days, from receipt of the Products ordered on the Site, to notify the Company of their intention to exercise their right of withdrawal.
This right of withdrawal cannot be exercised for Product(s) damaged or spoiled after opening and/or unsealing and/or used after delivery.
The Product(s) must be returned in their original condition and packaging, allowing for resale in new condition.
To do so, the Customer must attach to the return parcel the withdrawal form, a copy of which is annexed hereto.
All parcels must be returned to the following address:
KAIROS LOGISTIQUE P/C Tapilou
Quais 18 à 23
Rue René Cassin
77290 Mitry Mory
From 9:00 AM to 12:00 PM and from 2:00 PM to 4:00 PM
Return shipping costs are the responsibility of the Customer.
Any risk related to the return of the Product(s) is borne by the Customer. The Company recommends that its Customers purchase a parcel tracking option to avoid any inconvenience in the event of loss or theft of the Product(s) during return transit.
If the aforementioned conditions are met, the Company will refund the Customer, using the same payment method as initially used, all sums paid for the order of the returned Product(s), within a maximum period of fourteen (14) days from the most recent of the following dates:
Furthermore, in the event that the Customer has expressly chosen a delivery method more expensive than the standard delivery method offered by the Company, the additional costs will be borne by the Customer.
In the event of a partial return of the Products, only the price of the returned Product(s) will be refunded by the Company and not the delivery costs, insofar as the Customer has benefited from the delivery service for the items kept and delivery rates do not fluctuate based on the volume ordered.
14 GUARANTEES
14.1 Customer Guarantees
The Customer guarantees not to harm the Company's image in any way through inappropriate use of the Product(s).
The Customer guarantees that they will use the Product(s) in accordance with their respective intended purpose.
By creating an account, in accordance with Article 4.2 of the General Terms and Conditions, the Customer guarantees that they provide accurate and up-to-date information regarding their identity and contact details.
14.2 Company Guarantees
14.2.1 The Company guarantees that the Products sold on the Site comply with the regulations in force in France and in the European Union, and in particular with Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys.
The Products are guaranteed to be free of harmful substances by the Oeko-Tex label[1].
The Products supplied by the Company benefit by right and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
14.2.2 The Company guarantees that it holds all rights, in particular intellectual property rights, to the Products. As such, it guarantees the Customer against any recourse from third parties and will indemnify the Customer for all costs they may have had to incur to ensure their defense and will indemnify them for all sums they may be required to pay in the event of a conviction or settlement.
14.2.3 The Company guarantees that access to the Site in accordance with Article 4.1 of the General Terms and Conditions is not affected by any virus, Trojan horse, or any other element likely to damage the Customer's Terminal.
14.3 Exclusion of Guarantees
The Company disclaims all guarantees in the following cases:
Furthermore, the Company does not guarantee that the Site will be available continuously, without temporary interruption, suspension, or error.
15 LIABILITY
15.1 Subject to the provisions below, the Company's liability can only be engaged in the event of a fault on its part resulting in direct and proven damage to the Customer, provided that the latter demonstrates a direct causal link.
The Company's liability can in no way be engaged for any indirect damage suffered by the Customer such as, without limitation, loss of data, loss of profits, or any disturbance whatsoever.
The Company's liability cannot be engaged by the Customer if the latter finds that the origin of their damage lies at least in part in the total or partial non-performance of their obligations resulting from these General Terms and Conditions.
15.2 The Company is bound only by an obligation of means. The Customer remains the sole judge of the appropriateness and suitability of the Products they order for their needs and consumption.
The Company cannot be held liable for use of the Products that is not in accordance with their intended purpose or their user manual.
As delivery times are provided as an indication, the Company cannot be held liable in the event of a delay in the delivery of the Product(s) that are the subject of the order.
15.3 It is recalled that the Customer, prior to their order, declares that they have full legal capacity, allowing them to enter into these General Terms and Conditions.
The Company can in no way be required to verify the legal capacity of visitors to the Site and its Customers.
Consequently, if a person without legal capacity orders Products on the Site, their legal guardians would assume full responsibility for this order and would, in particular, have to honor the price.
15.4 The Customer acknowledges having read all the technical prerequisites necessary for the proper functioning of the Site, and cannot in any way seek the liability of the Company for any malfunction of the Site.
The Company is subject to the limits and characteristics of telecommunications networks and services, and therefore cannot be held responsible for malfunctions or interruptions of the Site's Services linked to Internet coverage or mobile phone networks, regardless of the duration or cause thereof. However, the Company undertakes to make its best efforts to attempt to resolve these difficulties as quickly as possible.
The Company cannot be held liable in the event of loss, alteration, or fraudulent access to the Customer's personal data, accidental transmission, viruses, or other harmful elements, resulting from access to the Internet or transmissions via email.
In any event, the Company's liability is limited to the replacement or refund of the non-compliant Product(s) or the Product(s) affected by a defect.
16 INTELLECTUAL PROPERTY
16.1 Rights attached to the Site
The Company and SHOPIFY are the exclusive owners of the Site and its Content.
The Site and its Content are protected by copyright, trademark law, database producer law, or any other intellectual property right recognized by the legislation in force.
Consequently, any copying, imitation, reproduction, representation, adaptation, alteration, modification, or distribution, whether total or partial, of the Site's Content, without prior authorization, is prohibited and liable to lead to legal proceedings.
The Customer is in no way authorized to assign, transmit, lend, rent, or distribute the Site to a third party, nor to make it available to a third party in any way whatsoever, whether free of charge or for a fee.
Likewise, within the limits permitted by law and subject to any other provision contained in these General Terms and Conditions, the Customer may not, under any circumstances and on any pretext whatsoever, modify, adapt, alter, rework, transform, or translate all or part of the Site, copy, reproduce, or duplicate the Site for purposes other than use for their own needs, or create derivative works from the Site or its Content.
Thus, the Customer is expressly prohibited from using techniques allowing access to the source code or bypassing the Site's security systems.
16.2 Rights attached to the Products
The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of the Company. All exploitation rights are exclusively reserved to it.
Under these conditions, no one is authorized to reproduce, exploit, distribute, or use for any purpose whatsoever, even partially, the intellectual property rights without the prior written agreement of the Company.
The TAPILOU brand is a registered trademark. Any reproduction therefore constitutes an infringement.
In any event, the General Terms and Conditions cannot in any way confer any right over any distinctive sign held by the Company.
17 CONFIDENTIALITY
Confidential information of any kind transmitted by one of the Parties shall be identified as such at the time of its communication to the other Party. The latter undertakes not to disclose it to third parties and to communicate it only to the strict members of its staff who need to have knowledge of it, and to grant them the same degree of care and protection as it grants its own confidential information.
This confidentiality obligation applies for the entire duration of these General Terms and Conditions and for the five (5) years following their termination for any reason whatsoever.
18 PERSONAL DATA
For the purposes of the relationship between the Parties, by virtue hereof, the Company is required to collect and process Personal Data from Customers in accordance with Law No. 78-17 of 6 January 1978 and European Union Regulation No. 2016/679 of 27 April 2016 (hereinafter referred to as the "GDPR").
The conditions of collection and processing are defined in the Privacy and Personal Data Protection Policy, which can be viewed at any time from the Site.
In application of the GDPR, the Customer may, at any time, exercise their rights of access, rectification, limitation, erasure, or opposition to the processing of personal data concerning them.
Likewise, the Customer has a right to the portability of their data, which must be returned to them in a structured, commonly used, and machine-readable format.
The Customer also has the right to refer the matter to the CNIL (French Data Protection Authority) in the event of non-compliance with the legislative and regulatory provisions relating to the protection of Personal Data.
This information is reiterated and detailed in the aforementioned Privacy and Personal Data Protection Policy.
19 FORCE MAJEURE
Any non-performance, partial performance, or defective performance by one of the Parties of its obligations under the Contract resulting from a case of force majeure, within the meaning of Article 1218 of the Civil Code, shall not constitute a breach of the Contract obligations on the part of this Party and shall not result in its liability.
The occurrence of a case of force majeure has the effect of automatic termination of the Contract.
20 MISCELLANEOUS PROVISIONS
20.1 If one or more stipulations of the General Terms and Conditions were held to be invalid or declared as such in application of a treaty, a law, or a regulation, or following a final decision of a competent jurisdiction, the other stipulations will retain their full force and scope.
20.2 No act, delay in acting, or any other attitude, passive or active, on the part of one of the Parties shall be deemed to constitute for that Party a waiver of any of the rights and actions to which it is entitled under the General Terms and Conditions, unless such waiver is evidenced by a writing signed by a duly authorized representative.
20.3 The General Terms and Conditions shall not in any way create any legal link outside the object for which they are accepted, nor establish the conclusion of one or more other agreements between the Parties.
21 LANGUAGE – APPLICABLE LAW – DISPUTES
The Contract is governed and interpreted according to French laws and regulations.
In the event of a dispute concerning the validity, formation, performance, or interpretation of the Contract, the Parties will attempt to resolve their disagreement amicably.
Failing to reach an amicable settlement of the dispute within a period of one (1) month, the French courts shall have exclusive jurisdiction. However, and in accordance with Article 6 §2 of the Rome I Regulation, Internet users residing within the European Union may benefit from any potentially more protective and mandatory provisions of their national law.
ANNEX 1: WITHDRAWAL FORM TEMPLATE
(Complete and return this form only if you wish to withdraw from the Contract. We advise you to also include your order number).
To the attention of TAPILOU - 58, montée de Saint-Menet, Résidence les Jardins d’Hellènes V5, 13011 Marseille – France.
Email: [to be completed]
I hereby notify you of my withdrawal from the Contract for the sale of the Product(s) below:
Product Reference(s) [to be completed]
Ordered on [to be completed] (date of order) and/or received on [to be completed] (date of delivery)
Customer Name: [to be completed]
Customer Address: [to be completed]
Customer Signature (only in case of notification of this form on paper)
Date: [to be completed]
For any information, you can contact the after-sales service at [to be completed] or by phone at [to be completed]
[1] The Oeko-Tex 100 standard guarantees that the product has been tested for approximately 100 chemicals such as pesticides, carcinogenic dyes, and heavy metals.
