10 - Product conditions of use
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Prior to any Order and use of the Products, the Customer shall read all information available on the Website, and seek specifications and components of the Products and ensure that they are compatible with his private use.
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The Customer undertakes to respect instructions of use given by the suppliers and available on the packaging and the Product’s manual before use. For further information on the Product’s specifications, please contact our Customer Service.
11 - Liability
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Products offered on the Website are compliant with the applicable legislation and standards in France.
TOTON & Co SAS undertakes exclusively to comply with all current legal terms applicable in France. No regulations specific to the country of delivery and/or consultation of the Website shall be applied.
The Customer is solely responsible for ensuring that applicable legislation in his country is complied with. And it is up to Him to investigate with the relevant local authorities any possible restrictions on the import, export or use of the Products.
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TOTON & Co SAS is solely responsible for the supply of Products in the conditions described in these Terms and Conditions. In no event shall TOTON & Co liability be engaged for advices, recommendations and Product conditions of use provided by the Suppliers on Product’s manuals.
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TOTON & Co’s liability is limited to direct and predictable damages occurring to the Customer as a result of using the Website and the Products. TOTON & Co SAS shall not be liable for damages caused by any failure from the Customer as a result of using the Website or the Products.
TOTON & Co SAS shall not be held liable if the non-execution or poor execution of its obligations is attributable to the Customer, or to the act, unforeseeable and unavoidable, of a third-party during the Products delivery, or due to a case of force majeure, unforeseeable, uncontrollable and external.
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TOTON & Co SAS shall not be held responsible for (i) content available on other sites or Internet sources accessible through hypertext links inserted on the Website (and in particular owing to advertisements, Products, services or any other information) neither (ii) for any damages of any kind resulting from visiting those sites.
The Customer acknowledges the limits of the Internet and methods of electronic communication. Consequently, TOTON & Co SAS shall not be held liable for non- availability of the Website or for any difficulties in connecting or for any interruptions in connection while visiting the Website or when placing an Order.
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Unless otherwise provided, the Website is accessible at any place whatsoever, as long as the minimum technical conditions are respected, particularly in terms of access to the Internet network, to the mobile telephony network, and to the technical compatibilities of the equipment used. In view of the world-wide nature of the Internet network, the Customer agrees to comply with all rules of public policy concerning behaviour of the users of the Internet network and applicable in the country from which he uses the Website.
12 - Privacy policy
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The information that you provide on this website (www.yuu.eu.com) allows TOTON&Co and its partners to process and fulfil your order. Pursuant to article 32 of the 6 January 1978 French Act on data processing and individual liberties, the information required by TOTON&Co to process and fulfil orders is indicated by an asterisk.
Other information requested on the website, for which an answer is optional, is intended to get better acquainted with you, thus improving services offered to you, all the while preserving confidentiality. The information collected by yuu.eu.com is also transmitted to TOTON&Co and its partners.
This website offers internet users free access to a service called “Newsletter”. This newsletter contains information which helps internet users to better use the website and to find out about the latest trends and best offers of the moment.
Unless you notify your objection, under the conditions defined in this Charter of confidentiality, if you purchase products online via this website, www.yuu.eu.com is susceptible to email you information, including through the Newsletter, in order for you to better know and use the Website and to benefit from promotional offers.
In accordance with the French law regarding data processing and individual liberties, Site users who do not wish to receive our newsletter are invited to unsubscribe. (Unsubscribing requires no effort other than a simple click of the mouse).
We inform you that the personal data entered in this Website is processed by www.yuu.eu.com for the sole purpose of fulfilling your order or sending you our Newsletter. To this effect and in accordance with article 69 of the French law regarding data processing and individual liberties, TOTON&Co has committed itself to respecting French and European legislations regarding the protection of personal data. The level of protection implemented in the processing of data ensures that the user's privacy and fundamental rights and liberties are respected.
Right of opposition
In compliance with law n°78-17 of 6 January 1978, you have a right of opposition which may be exercised by:
- Contacting TOTON&Co Customer service at the following postal address: 36 rue de la Roquette 75011 Paris
- Filling in the electronic form on the "contact" page of the website. In order to unsubscribe from the newsletter you can also:
- Click on the "unsubscribe" button at the bottom of the Newsletter. Warning: this request will only be taken into account if a confirmation message is sent to you. Should you fail to receive a confirmation email, you can contact customer service at this postal address: 36 rue de la Roquette 75011 Paris. Alternatively, just fill in the electronic form on the "contact" page of the website.
TOTON & Co SAS does not pass on the Customer’s details to any third party unless the Customer has given permission to do so.
The personal information requested from and related to the Customer is essential to process and ship his Order, to issue invoices and to draft warranty agreements, as the case may be or for the benefit of satisfaction’s questionnaires. This information may also be provided to judicial of administrative authority.
Pursuant to Act dated January 6 1978, the Customer may exercise its right of access, correction and deletion of the information related to Him by modifying directly his personal information in his member account page or by writing to, or calling, TOTON & Co 36, rue de la Roquette 75011 PARIS tel + 33 (0) 1 47006208. All information provided by the Customer will be treated securely and strictly in accordance with the Data Protection Act 1998.
When creating or consulting their online accounts, Customers will have the option of choosing whether to receive from TOTON & Co, and/or partners, commercial or promotional offers by e-mail. Should the Customer wish, for any reason, to not receive such offers, he shall at any time cancel his subscription whether by clicking on the corresponding link in the e-mails or by modifying his details on his online account.
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"TOTON & Co SAS will store the contract's content and will send you the details of your order as well as the general terms via e-mail. You can find the Terms and Conditions here at all times. The details about your recent orders can be found in your customer account."
The Website makes use of “cookies”, i.e. fragments of information that may be stored on the user's hard disk. Cookies do not contain any personal data but can simplify the use of the Website. Cookies for instance are used to keep track of the user’s language code, so that on his next visit the user automatically ends up with information in his native language. The use of cookies is generally accepted and virtually all important websites use them.
If the Customer does not wish TOTON & Co SAS to automatically place cookies on his PC's hard disk, he can change his browser settings so that these cookies are automatically rejected, or so that he may be informed of such placement of a cookie. The Customer should bear in mind that if he rejects cookies, certain parts of the Website may not work or may be less accessible.
13 - Suspension - Termination
The Customer may at any time terminate his subscription to the Website and close his member’s account. To this end, the Customer shall address his termination request to the Customer Service.
In the event of any breach by the Customer of any of his obligations, in particular in case of payment incident, TOTON & Co SAS reserves the right to suspend the Customer’s access to the Website or any services offered by TOTON&Co, or even terminate his Customer’s account depending on the degree of gravity. TOTON & Co SAS reserves the right to refuse any Order from a Customer with whom there is a pre-existing dispute of any kind.
14 - Industrial and Intellectual property rights
All elements on the Website, e.g. visual, pictures, audio, writings, animations, visual identity, database utility, software and other underlying technologies are protected by copyright, brand and patent law. They remain the exclusive property of TOTON & Co.
The TOTON & Co’s trademark, as well as all trademarks, figurative or otherwise, and more generally all other trademarks, illustrations, images and logos included on Products, their accessories or packaging, registered or unregistered, are and shall remain the exclusive property of TOTON & Co, with exception of visuals, trademarks and logos belonging to suppliers of Products offered on the Website.
Any full or partial representation, modification, reproduction, distortion, of all or part of the Website or its contents, by any procedure whatsoever and in any medium whatsoever, without prior express permission of TOTON & Co SAS is strictly forbidden.
Any hypertext link to the Website is strictly forbidden without express agreement from TOTON & Co. A Customer willing to place a hypertext link on his personal site directly to the home page of the Website must ask express permission to TOTON & Co.
15 - Miscellaneous
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In the event that any one of the provisions of these Terms and Conditions should be deemed to be illegal or non-binding pursuant to a legal decision, the other provisions shall remain effective.
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The acceptance by the Customer of these Terms and Conditions has the same probative force as a hard-copy written document. Under the E-commerce Regulations, Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977, the information delivered by the Website are deemed to be authentic in dealings between the Parties. Details such as time of receipt or of sending, along with the quality of the data received shall be deemed to be authentic, with priority given to the data recorded on TOTON & Co’s IT systems, or as authenticated by TOTON & Co’s computer procedures, unless the Customer can prove otherwise in writing. The scope of the proof of the information delivered by TOTON & Co’s computer systems is that granted to an original in the sense of a written document on paper, signed by hand. Emails sent between TOTON & Co SAS and the Customer shall be deemed to be the evidence of the communications, and if so of their commitments, in particular in case of Orders or payments.
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The archiving of contractual documents is done on reliable and long lasting supports in order to provide a true and long lasting copy
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The fact that TOTON & Co SAS or the Customer do not exercise any one of the rights under the Terms and Conditions shall not be deemed to be a waiver on its part of that right, such waiver being effective only when expressly declared.
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Force majeure
TOTON & Co SAS shall have no liability to the Customer for any failure to deliver goods he has ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
16 - Law Disputes
In the event of a dispute, the Customer must first of all contact TOTON & Co SAS in order to attempt to reach a friendly solution. Failing this, any dispute shall be assigned to the competent Paris courts.
The Terms and Conditions also apply for all Website’s users who did not place an Order, in particular Clause 11 to 15.