Terms of sale
ARTICLE 1. DEFINITIONS:
Within the framework of the present general terms and conditions of sale (hereafter the “GTCS”), terms beginning with a capital letter have the following definitions:
- “Customer” shall designate the person who ordered the Products via the Site;
- “Personal Account”: shall designate the personal space created by the Client in order to order the Products on the Site;
- “Digital Contents”: refers to the downloadable audio files, described in article 3.3 of the General Terms and Conditions of Sale, which are sold on the Site, individually or in the form of “packs” and which can be used on the Storyteller;
- “Storyteller”: refers to the toy marketed under the name “The Magic StoryMate” by JOYEUSE, more precisely described in article 3.2 of the GTCS;
- “JOYEUSE”: refers to the company SAS JOYEUSE, registered in the Paris Trade and Companies Register under the number 822 203 246 R.C.S., whose headquarters are situated at 4 boulevard de la Bastille, 75012 Paris, whose legal representative is Mr. Mathieu ROUMENS, whose main activity is the design, manufacture and marketing of digital and/or connected objects, under the corporate name and brand name “JOYEUSE”, and which can be contacted by:
• E-mail: firstname.lastname@example.org
• Tel: 01.47.07.17.19
- “Parties”: refers collectively to JOYEUSE and the Customer and/or the User;
- “Products”: refers together or separately to the Storyteller and/or the Digital Contents put on sale on the Site;
- “Site”: refers to the website accessible at the address www.joyeuse.io;
- “User”: refers to any person browsing the Site.
ARTICLE 2. OBJECT:
2.1. The purpose of the present General Terms and Conditions of Sale, accessible on the Site under the “General Terms and Conditions of Sale” heading, is to define the conditions under which JOYEUSE sells the Products on the Site to the User and to the Customer.
2.2. The GTCS apply without restriction or reserve to any order and use of the Products by the Customer.
2.3. The GTCS apply to orders placed from France or abroad by Customers located in France or outside French territory.
2.4. The GTCS may be subject to subsequent modifications, the applicable version being the one in force on the Site on the date the User or Customer orders the Products.
2.5. The Customer declares:
To be at least 18 years old and have the capacity to contract, JOYEUSE reserves the right to ask for any justification in this respect;
Not to hold the status of trader and to order Products for personal use only.
ARTICLE 3. DESCRIPTION OF THE PRODUCTS:
3.1. The Products available for sale by JOYEUSE are the Storyteller and the Digital Contents described below, as they appear on the Site on the day of the order.
3.2. The Storyteller:
The Storyteller is a cube shaped, multi-coloured and buttonless toy, enabling children to listen to different files including the Digital Contents, which is activated by touch and shakings.
The Storyteller is supplied with a micro USB cable, enabling it to be connected to a Mac and PC computer with a USB input, as well as a User manual and initially contains various digital files whose number and titles are mentioned on the Site on the day of the order.
The Storyteller is then customisable (modification of the welcome sounds, recording of stories read, import of MP3 files or CD previously converted to the format indicated below, creation of favourites, downloading of additional digital files on the Site free of charge or for a fee).
The Storyteller only plays MP3 files encoded in mono, 64 Kbps, 16 kHz, Constant bitrate, with titles without accents or spaces, and less than 35 characters.
3.3. Digital Contents:
The Digital Contents are audio files that can be used on the Storyteller, consisting notably of tales, stories, nursery rhymes and songs, whose durations and characteristics are described on the Site on the day of the order.
Digital Contents may be ordered by the Customer individually or in the form of “packs”, as described on the Site on the day of the order.
ARTICLE 4. TERMS AND CONDITIONS FOR ORDERING PRODUCTS:
4.1. Pre-order of Storytellers:
4.1.1. In order to pre-order Storytellers on the Site, the User and the Customer must click on the “Buy” link, select the quantity of Storytellers they wish to pre-order, then click on “Buy now” and fill in their e-mail address, first name, surname, delivery address, billing address and telephone number.
4.1.2. The User and the Customer have at this stage the opportunity to check the details of their order and its total price before confirming their acceptance. It is their responsibility to check the order’s accuracy and to correct any errors immediately.
4.1.5. The pre-order of the Storytellers will only be considered final after JOYEUSE has sent a confirmation e-mail to the Customer.
4.1.6. JOYEUSE reserves the right to cancel or refuse any pre-order from a User or Customer with whom there is a dispute relating to the payment of a previous order or whose Personal Account has been suspended or deleted by JOYEUSE.
4.2. Ordering Digital Contents:
4.2.1. To order Digital Contents on the Site, the User and the Customer must click on the link “The Club Joyeuse” and enter their surname, postal code and e-mail address in the “Sign Up” tab.
4.2.2. JOYEUSE then sends them a validation link allowing them to choose a password.
To finalise the creation of their Personal Account, the User and the Customer must provide the following information:
- The Secret Code of their Storyteller, which is generated when the Storyteller is first turned on and also appears in the “Secrets” folder accessible by connecting the Storyteller to a computer via its USB cable;
- The version of the Storyteller, also stated in the “Secrets” folder mentioned above;
- The language in which the Storyteller is telling the stories;
- A possible “pack code” (promotional code);
- The name and date of birth of the child(ren) who will use the Storyteller
4.2.3. The User and the Customer then have the possibility to access their Personal Account using the e-mail address and password provided during registration and order Digital Contents.
4.2.4. It is up to the User and the Customer to ensure that their e-mail address and password are kept confidential. They are solely responsible for any access, consultation or use of their e-mail address and password and for the consequences which could result for them or for third parties, without JOYEUSE's liability being sought, either directly or indirectly, on any legal grounds.
4.2.6. Furthermore, the Service Provider reserves the right to suspend or close the Personal Account in the event of non-compliance with any provision of the Contract.
4.2.7. Once their Personal Account created, the User and the Customer have the possibility to select the Digital Contents they wish to order by clicking on the corresponding tab (e.g. “Buy the pack”).
4.2.8. Digital Contents can be ordered individually or by pack, without the possibility of creating a basket. It is therefore up to the Customer to check the price of the Digital Contents or Digital Contents pack that he has ordered, which price appears on the corresponding tab referred to in Article 4.2.7 and is confirmed at the time of payment, in accordance with the terms and conditions referred to in Article 4.2.9. below.
4.2.11. The order of Digital Contents will only be considered final after JOYEUSE has sent a confirmation e-mail to the Customer.
4.2.12. JOYEUSE reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or whose Personal Account has been suspended or deleted by JOYEUSE.
4.3. Within the framework of the creation of their Personal Account and in a general way of the order of the Products, the User and the Customer undertake to provide exact, exhaustive and up to date information, to ensure that it remains so throughout the duration of the Contract and to inform JOYEUSE of any modification relating to this information, the responsibility of JOYEUSE can in no case be engaged in the event of any damage whatsoever resulting from inaccurate or incomplete information, and in particular from a defect or a delay in the availability of the Products.
ARTICLE 5. PRICE AND TERMS OF PAYMENT:
5.1.1. The prices of the Products, of which the Customer declares to have taken full and perfect knowledge, are indicated on the Site in the corresponding descriptions.
5.1.2. These prices are quoted in Euros, all taxes included, excluding delivery costs outside of Metropolitan France for the Storytellers, and appear during the summary of the order, as stipulated in Article 6.1.3.
The prices take into account the VAT rate applicable in France on the day of the order.
5.1.3. JOYEUSE reserves the right to modify the prices at any time but undertakes to apply the prices in force on the day of the order.
5.2. Methods of payment:
5.2.1. Payments are made securely by credit card, via the STRIPE platform to which the Customer is redirected. The Customer guarantees in this respect that he is authorised to use the means of payment chosen in the context of his order.
5.2.2. The Products are invoiced on the day of the order placed by the Customer.
5.2.3. Any delay in payment will result in the Customer being charged a minimum interest equal to the legal interest rate.
5.2.4. In the event of payment made from a foreign bank account, the Customer shall take all necessary steps to ensure that any transfer costs are invoiced to him directly and in full. Failing to do so, JOYEUSE will charge the Customer the amount of the fees.
5.2.5. The computerised registers, kept in JOYEUSE's computer systems under reasonable conditions of security, will be considered as proof of the orders and payments made.
ARTICLE 6. DELIVERY:
6.1. Delivery of the Storytellers:
6.1.1. In accordance with Article L.216-4 of the French Consumer Code, any risk of loss or damage to the Storytellers is transferred to the Customer at the time when the Customer or a third party designated by the Customer, and other than the carrier designated by JOYEUSE, takes physical possession of the Storytellers.
6.1.2. The Storytellers can be delivered in Metropolitan France and in the European Union.
6.1.3. The delivery of the Storytellers in Metropolitan France is free of charge.
Outside Metropolitan France, delivery charges are fixed by the carriers and vary according to the conditions applicable by each of them. The total amount due by the Customer is in any case displayed on the Site and appears at the time of the order summary, before payment.
6.1.4. Delivery times for pre-ordered Storytellers, as displayed on the Site, are 3 (three) months, corresponding to the time required for their manufacture.
These delivery times are indicative, so that JOYEUSE's responsibility cannot be engaged in case of delay and no compensation can be claimed for this reason.
However, in accordance with article L. 216-2 of the French Consumer Code, if the Customer does not receive the Storyteller(s) within the time limit indicated, he may cancel the Contract, by registered letter with acknowledgement of receipt or by writing on another durable medium if, after having enjoined JOYEUSE in the same manner to make delivery within a reasonable additional period, JOYEUSE would not have performed within this period. In this event, the price of the order concerned will be refunded to the Customer, at the latest within fourteen (14) days following the date of termination of the Contract.
6.1.5. It is up to the Customer to check, at the time of delivery, the perfect condition of the Storyteller and to express his explicit, precise and detailed reservations directly on the carrier's slip and in the presence of the carrier.
6.2. Delivery of Digital Contents:
6.2.1. The Digital Contents or Digital Contents Packs are made available to the Customer in the form of a link enabling their download sent to the e-mail address provided by the Customer when creating his Personal Account.
6.2.2. JOYEUSE undertakes to make the Digital Contents available immediately after payment of the order, subject to a reasonable technical delay.
If the Customer does not receive the download link within the aforementioned period, the Customer may cancel the sale, by registered letter with acknowledgement of receipt or by writing on another durable medium if, after having enjoined JOYEUSE in the same manner to make delivery within a reasonable additional period, the Customer has not done so within this period. In this case, the price of the order concerned will be refunded to the Customer, at the latest within fourteen (14) days following the date of termination of the Contract.
ARTICLE 7. RIGHT OF WITHDRAWAL:
7.1. Delivery of the Storytellers:
7.1.1. In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Storyteller(s) to exercise his right of withdrawal, without having to justify his reasons or pay any penalties.
7.1.2. In order to exercise this right of withdrawal, the Customer must express their wish to retract by sending an e-mail to JOYEUSE at the address given in article 1 of the GTCS or by returning the retraction form below, duly completed, by registered letter with acknowledgement of receipt.
4 boulevard de la Bastille 75012 Paris
Send by Registered Letter
Subject: Right of withdrawal
I hereby notify you of my withdrawal from the order No. [Order number] dated [To be completed: subscription date].
[To be completed: Name and surname of the Customer]
[To be completed: Customer’s signature]
7.1.3. The Storyteller(s) must be returned to the address below, unsealed and in its original condition, allowing it to be put back on the market in new condition, along with the purchase invoice, within a maximum period of fourteen (14) days following the communication by the Customer of his decision to withdraw:
27 rue du Chemin Vert
7.1.4. In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the Storyteller(s) ordered and any delivery costs shall be refunded, and the return costs, which shall be paid by the Customer, shall be deducted from the refund.
7.1.5. Reimbursement of the sums referred to in Article 7.1.4 shall be made within fourteen (14) days from the date of notification by the Customer of his wish to withdraw or, at the latest, upon receipt of the Storyteller(s) which is/are the subject of the withdrawal.
7.2. Ordering Digital Contents:
7.2.1. In accordance with the provisions of Article L. 221-28 13° of the French Consumer Code, the Customer expressly accepts the fact that Digital Contents, which are not provided on a hardware medium, are made available as soon as his order is validated, i.e. before the end of the fourteen (14) day period referred to in Article 7.1.1 and consequently waives without the slightest reservation his right of retraction relating to the order of Digital Contents.
Consequently, purchases of Digital Contents on the Site are firm and definitive.
7.2.2. Acceptance of the immediate nature of the availability of Digital Contents and the express renunciation of the right of retraction for these contents are formalised at the time of validation of the order.
ARTICLE 8. LEGAL GUARANTEES:
8.1. The Products offered by JOYEUSE are subject to the legal guarantee of conformity referred to in Articles L. 217-4 to L. 217-14 of the French Consumer Code and to the guarantee on latent defects provided by Articles 1641 et seq. of the French Civil Code, reproduced in the box below:
8.2. When the Customer considers that he has received a defective or non-compliant Product, he shall inform JOYEUSE by a written complaint sent by registered mail or in writing on a durable medium to the contact details referred to in article 1 of the present GTCS, specifying the reference of the Product concerned and explaining the issue in a detailed and clear manner.
8.3. Within the framework of the legal guarantee of conformity, defects that appear within twenty-four (24) months from delivery of the Products are presumed to exist at the time of delivery, unless proven otherwise.
In the event of a lack of conformity, the Customer may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code. If repair and replacement of the Product are impossible, the Customer may return it and have its price refunded.
8.4. The Customer may decide to implement the guarantee on latent defects of the item sold within the meaning of Article 1641 of the French Civil Code. In the event of a latent defect in the Product, the Customer may choose between cancelling the Contract and the reduction of the Product’s price in accordance with Article 1644 of the French Civil Code.
ARTICLE 9. INSURANCE:
JOYEUSE declares having subscribed to an insurance company known to be solvent, and undertakes to maintain throughout the duration of the Contract, a policy covering it against the pecuniary consequences of the civil and professional liability which may be imposed on it as a result of the execution of the Contract.
ARTICLE 10. USE - LIABILITY:
10.1. Use of the Storyteller(s):
10.1.1. The Storyteller comply with French legislation and European directives applicable and in force on the day of their order, for children of all ages. However, it is recommended that the Storyteller be used under adult supervision.
10.1.2. In order to ensure the optimal performance of the Storyteller, the Customer undertakes:
- Not to let the Storyteller unload 100% and reload it regularly;
- Not to download files that do not have the technical characteristics referred to in article 3.2 of the General Terms and Conditions of Sale;
- To store the Storyteller on a stable support rather than in a toy box;
- To avoid the beach or the outdoors;
- Not to put the Storyteller in contact with liquids, rain, sand, sunlight or high temperatures;
- To clean the Storyteller with a soft, damp cloth;
- To avoid any falls higher than the height of a 7-year-old child's hands;
- Not to throw the Storyteller against a wall, not to walk or sit on it;
- Not to peel off the cover of the Storyteller, open it or repair it.
10.1.3. At the end of its life, the Storyteller must be disposed of in accordance with local laws and regulations and must not be disposed of with household waste.
10.2.1. The photographs of Products displayed on the Site are for information purposes only. The Customer therefore undertakes to read their descriptions precisely in order to know their precise characteristics and, in case of doubt, to contact JOYEUSE at the contact details given in article 1 of the GTCS.
10.2.2. JOYEUSE will endeavour, within the framework of an obligation of means, to make the Site available 24 hours a day and 7 days a week. However, JOYEUSE may, at any time, temporarily or permanently and without prior notice to the Customer, suspend, interrupt or limit access to all or part of the Site in order to carry out updates or maintenance operations.
10.2.3. JOYEUSE can in no way be held responsible for technical problems external to its services and in particular linked to the limits of the internet network which can notably lead to longer response times for the downloading of Digital Contents.
In general, JOYEUSE cannot be held liable for any non-execution or poor execution of all or part of the services provided for in the Contract which is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party not involved in the Contract, or to a case of force majeure.
ARTICLE 11. INTELLECTUAL PROPERTY:
11.1. Digital Contents, as well as the elements associated with it on the Site (such as descriptive texts, titles, illustrations, and so on), are strictly limited to private use.
The Customer therefore refrains from communicating, exchanging or reselling them to any third party whatsoever and in any manner whatsoever.
11.2. Digital Contents are protected by technical protection measures, infringement of which is punishable in accordance with the provisions of Articles L. 335-3-1 et seq. of the French Intellectual Property Code.
ARTICLE 12. PRE-CONTRACTUAL INFORMATION:
The Customer acknowledges having been informed, prior to ordering the Products, in a legible and comprehensible manner, of all the information listed in Article L. 221-5 of the French Consumer Code, and in particular of the following information:
- The essential characteristics of the Products, taking into account the communication means;
- The price of the Products;
- The deadlines under which JOYEUSE undertakes to deliver the Products ordered;
- Information relating to the identity of JOYEUSE, its postal, its telephone and its electronic contact details and its activities;
- Information relating to the legal and contractual guarantees and their implementation conditions;
- The functions of the Site;
- The possibility of resorting to conventional mediation in the event of a dispute;
- The information necessary for the exercise of their right of retraction concerning the Storytellers and their renunciation of the right of retraction concerning the Digital Contents;
- The means of payment accepted.
ARTICLE 13. CLAIMS:
For any problem or complaint, the Customer has the possibility to contact JOYEUSE at the contact details given in article 1 of the GTCS.
ARTICLE 14. DURATION – RESOLUTION:
For the pre-order of Storytellers, the Contract comes into force on the day of validation of the pre-order and lasts for the duration necessary for the proper performance of the Contract.
14.2. In the event of a breach by one of the Parties of any of its obligations under the Contract, which is not remedied within 15 (fifteen) days from receipt of a registered letter with acknowledgement of receipt, sent by the other Party, notifying the breach in question, the Contract shall be terminated, notwithstanding any damages to which the other Party may be entitled.
ARTICLE 15. FORCE MAJEURE:
JOYEUSE cannot be held liable if the execution of one of its obligations is prevented or delayed due to a case of force majeure as defined by the jurisprudence of the French courts, and in particular natural disasters, fires, malfunctions or interruptions of the telecommunications network or the electricity network.
ARTICLE 16. APPLICABLE LAW - JURISDICTION:
16.1. The present GTCS are subject to French law.
16.2. All disputes to which the present GTCS may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, which could not be resolved between JOYEUSE and the Customer, will be submitted to the competent Courts under the conditions of common law.
The Customer is also informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Article L. 612-1 of the French Consumer Code) or with existing mediation bodies or any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.