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General Terms of Use

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General Terms of Use

Preamble

The website www.fabulabox.com (hereafter referred to as « Website ») is published by SAS FABULABOX licensed in Lyon Trade and Company Register under the number N° 832 726 897 with a share capital of 10 000€. Its head office is located at 65, rue Pierre BAIZET 69009 LYON (hereafter referred to as « FABULABOX »).

Every natural person, operating outside of their normal course of business, industrial, craft or liberal activity accessing this Website is considered a user (hereafter referred to as the « User(s) »).

FABULABOX designs, manufactures and sells construction and imagination game systems through different means, including in this Website.

To contact us: 

Phone number: +33 4 72 23 84 83

E-mail: contact@fabulabox.com

Article 1 – Terms & Conditions: application and opposability

These General Terms of Use (hereafter referred to as « GTU ») define the relationship between FABULABOX and the Users of this Website to the exclusion of all other conditions.

The GTU are deemed unreservedly accepted by the Users, as soon as they declare they read the GTU and expressly accept them by checking, at the time of their registration, the box « I acknowledge having read the General Terms & Conditions of Use of the Website, understand them and declare that I accept them » provided for this purpose.

By using the Website, the Users agree to the latest version of the GTU. The applicable GTU are the ones available on the Website and are printable from the Website by the User. FABULABOX reserves the right to modify at any time the GTU of the Website.

Article 2 – Website and product description

2.1 Website description

The Website allows Users to access to:

  • The presentation of FABULABOX
  • The presentation of the toys designed and marketed by FABULABOX
  • The purchase of Fabulabox products

2.2 Product description

FABULABOX presents its products on the Website.

The Website mentions all the essential characteristics and features of the products which are communicated to the User before their purchase.

For more details regarding product characteristics, refer to the [Description] tab on the Product pages. FABULABOX reserves the right to make any changes it deems useful to the products at any time.

Article 3 – Account creation

Access to the Website by the User requires the possession of an account (hereafter referred to as « Account(s) »).

To create an account, the User has to:

  • Own a valid address e-mail and provide truthful and accurate data
  • Choose a password composed of at least 8 alphanumeric characters

Every User can only own one Account. If FABULABOX were to learn of a User possessing more than one Account, FABULABOX will delete all their Accounts under the conditions set out in Article 10 below.

The user is solely responsible for the activity of their Account. The User should never disclose their Account’s password to a third party. Including a third party who claims to be the owner of the Website, as FABULABOX never takes the initiative, for any reason whatsoever, to contact a User to ask their password. If the User reveals their password to a third party, be it a User or any other person, FABULABOX will delete the User’s Account under the conditions set out in Article 10 below.

If the User loses their password, they can reset it by clicking on the link « Forgotten password ». After following the instructions provided by FABULABOX to obtain a new password, the User will receive their new password on the e-mail address they provided when registering on the Website. The User will then be able to customize their password on their profile account on the Website.

When Users already have an Account with FABULABOX, they must identify in the part of the Website provided for this purpose by indicating the email address communicated to FABULABOX and the password they set up when registering.

The User can choose to delete their Account at any time on the « My account » page.

Article 4 – Rules of conduct on the Website

To access the Website, the User shall not display any behaviour that could harm the image of FABULABOX or any other Users.

The content shared by the User on the Website take responsibility in their own name of the shared content and can not in any way, for any reason whatsoever, engage the responsibility of FABULABOX.

More specifically, the User is prohibited from:

  • Using a User ID or avatar that is considered vulgar, aggressive, insulting or defamatory;
  • Trying to obtain from another User information on their Account, such as ID and/or password, or private information;
  • Sharing on the website content that is : abusive, hateful, racist, discriminatory, derogatory, obscene, vulgar, defamatory, violating a legal, regulatory or contractual provision or encouraging a reprehensible behaviour in the eyes of the law;
  • Publishing content on the Website that infringes on a third party’s rights;
  • Publishing on the Website content that has no connection with the purpose of the Website, particularly promotional content, advertisements, or perform any commercial solicitation.

More generally, the User is prohibited from:

  • Usurping the identity of a third party, another User’s, or pose as an employee or representative of FABULABOX;
  • Engaging in an activity that is contrary to the public order and morals, illegal and / or non-compliant with the regulations (particularly for regulated activities);
  • Resorting to hacking, spamming, fishing, flooding or any other malicious action against FABULABOX and other Users.

FABULABOX reserves the right to suspend and/or delete any Account that violates the present article under the conditions set out in article 10 below.

Article 5 – Reporting illegal activities and contents

It is expressly stated that FABULABOX does not control the contents published on the Website, and that FABULABOX does not have the technical, material and human means to carry out systematic check ups of said content.

However, FABULABOX reserves the right not to publish a content that is contrary to the public order and morals, illegal and / or non-compliant with the regulations  

Nevertheless, if a User finds out a User is violating one of the conduct rules set out in article 4 above and more generally if a User knows of an illegal activity or content, the User must immediately notify FABULABOX by using the « contact us » feature on the Website, then « report an illicit behaviour or content ».

The User will then have to communicate FABULABOX all the necessary information, more specifically:

  • the date of notification;
  • If they are a natural person, their name(s), profession, légal residence, nationality, date and place of birth; if they are a legal person, their legal status, corporate name, head office and the natural person who is the legal representative of the company;
  • The description of the contentious events and their precise location on the Website;
  • If it is an illegal content:
    • the reasons why the content should be deleted, including the applicable legal provisions and justifications of the facts;
    • the copy of the communication sent to the author or publisher of said litigious content requesting its interruption, withdrawal or modification or justification that the author or publisher could not be reached.

In the event that the content is indeed illegal, and after having checked the truthfulness of these facts, FABULABOX will delete the litigious content or disable access to the content.

It is expressly stated that if a User were to report to FABULABOX a content as illegal, while knowing the inaccuracy of the information, they incur criminal liability.

FABULABOX reserves the right to delete any content published on the Website that violates the GTU and/or suspend the User Account responsible for the content under the conditions set out in article 10 below.

Likewise, in the event that it is an illegal activity, FABULABOX reserves the right to suspend or delete the User Account responsible under the conditions set out in article 10 below.

Article 6 – Products order

6.1 Choice and availability of the products

The User chooses the product they want to order as well as the quantity of said product. As soon as the User selects the product, it appears in their shopping cart with the appropriate price, all taxes included.

6.2 Order confirmation

The User confirms their order by clicking on the « Order » button.

The User will complete their order by proceeding to the payment of said order. Any validated order results in the acceptation of the price of the product(s) the User ordered. The order will be final as soon as the payment of the corresponding price is made. The User guarantees that they are fully entitled to use the means of payment they are resorting to.

The User can access and print their order by clicking on the link « My account ».

Once the order and payment are made, the User receives on the email address they provided an acknowledgement of receipt of their order. This acknowledgement of receipt includes the amount charged, the main features of the product(s), a link to the GTU as well as a withdrawal form. The aforementioned documents will be printable by the User and constitute the contract on a durable medium. The User agrees that computer recording system of the order are proof to the said order and its date.

6.3 Modification or cancelling of an order

In the event that a product is not available after validation of the order by FABULABOX, the User will be informed by an email from FABULABOX of the cancelling of their order. Under these circumstances, if the User wishes to proceed to a new order, the amount of the order will be refunded in the form of a credit note. If no new order is made, the amount of the cancelled order will be refunded to the User as soon as possible.

Any abnormal or bad faith order, any fraud or attempted fraud, any payment incident can result in the deletion and/or deactivation of the User Account involved and/or the refusal of the order. Moreover, FABULABOX may notify the competent authorities regarding money laundering and/or corruption.

6.4 Right of withdrawal

The User has fourteen (14) days to withdraw from the date of receipt of the order.

Withdrawal can be done through a withdrawal form or by any other means expressing in an unequivocal way the User’s will to withdraw. In this event, FABULABOX will proceed to a full refund of the order within fourteen (14) days or no later than the day of receipt by FABULABOX of the proof of shipment of the products by the User.

Article 7 – Price

The product prices are indicated in Euro (€) all taxes included. The delivery fees are indicated and added to the product price before validation of the order. Furthermore, once the order is confirmed, the price is also stated in the confirmation mail the User will receive.

The products will be charged based on the prevailing prices at the time of order.

Article 8 – Payment

The payment of the products is made online on the website of the payment service provider. The page « secure payment » details the elements of securing the transactions made on the payment provider’s website.

The payment is made by credit card or visa card.

The User certifies that they are allowed to use the means of payment they are resorting to for the order.

Article 9 – Website updates

FABULABOX may deem it necessary to update or reset the Website’s settings and elements.

Thus, FABULABOX reserves the right to bring change to the Website, particularly by providing new features or by modifying or deleting some features.

These updates, resets, changes might temporarily prevent the User from accessing the Website and/or bring architectural change to the Website and its features, which the User expressly acknowledges. FABULABOX may not be liable for this reason.

Article 10 – Deletion – account deletion

FABULABOX reserves the right to suspend the Account of any User that violates these GTU or the applicable standards.

Any suspension or deletion of account will be notified to the User by email to the address the User provided to FABULABOX when first registering on the Website.

Furthermore, FABULABOX reserves the right to deliver any litigious content to the authorities who would request it were a normative provision infringed. By litigious content, it must be understood, the latter not being restrictive, pornographic content, resale of weapons or money laundering.

Besides, FABULABOX reserves the right to take action against the offending User to obtain for any prejudice suffered by the User as a result.

Article 11 – Protection of personal data

11.1 Users’ personal data

The personal data the User provides FABULABOX are the information required to use the Website.

These personal data are subject to computer processing enabling FABULABOX to identify each User and communicate with them, if necessary, for the proper functioning of the Website and to ensure a sound commercial relationship management.

Personal data will be kept for a period of time that is strictly necessary for the management of the commercial relationship and, in any case, within a maximum period of three (3) years from the last request remained unanswered.

Personal data are intended for FABULABOX as well as FABULABOX’s partners enabling the delivery of your Fabulabox(es) (UPS, Colissimo) and managing our emailing campaigns. All our partners comply to the RGPD regulation.

In accordance with the applicable regulations on the protection of personal data, the User may exercise their right of access, rectification, opposition, portability, limitation of treatment and deletion of personal data about them.

To exercise this right, the User may contact us by:

11.2 Cookies

Some pages of the Website may use cookies, the purpose of which is to access information stored in the User’s login terminal and in particular to record information about the User’s browsing on the Website, as well as storing the information the User has entered when logged in.

A cookie has the sole purpose of saving information about the User’s browsing on the Website and enables an easier reconnection to the Website. It also prevents filling in some previously requested information.

The duration of the retention period of the information collected is a maximum of thirteen (13) months from your acceptance to the placement of the corresponding cookies.

The User can oppose the storage of cookies by customizing the settings of their computer or any other computer equipment.

Article 12 – Intellectual Property 

12.1 FABULABOX intellectual property

The Website as well as each of the elements composing it, in particular the graphic charter, data, softwares, texts, Website logos, are protected by the intellectual property law, namely copyright and/or trademark law.

The Website and each of the elements composing it are the exclusive property of FABULABOX.

FABULABOX grants the User the right of private, collective and non-exclusive use of the Website under the terms and conditions of the GTU.

Any other Use of the Website or of one of its elements constitutes an infringement of rights and as such sanctioned under the Code of Intellectual Property, except with a prior written and express authorization of FABULABOX.

The User therefore acknowledges that in the absence of prior, express and written authorization of FABULABOX, legal action will be taken against them in the event that any copy, total or partial, and any dissemination and exploitation of one or several elements referred to above, even modified are made by the User.

Generally speaking, the User agrees not to infringe in any way the Website and the products, nor to make an improper use of them that would discredit or disparage directly or indirectly FABULABOX and/or its brand image.

12.2 User intellectual Property

The User allows FABULABOX to use distinctive marks, images (profile picture), and intellectual property rights (name, brand, copyright, etc.) on and relating to the Website to, especially, promote its products.

The User guarantees that they own all the property rights of the logos, images or other contents they provide on the Website. Under no circumstances can FABULABOX be liable for the violation of the intellectual property of the content provided by the User.

Article 13 – Guarantees

The User benefits from:

  • the legal guarantee of conformity (good unfit for use usually expected from a similar good, which does not correspond to the given description from the seller or does not have the qualities stated by the Seller or agreed with the User), of which the legal provisions are set out in the appendix.
  • the legal guarantee for hidden defects (hidden defects of the sold good which make it improper for the intended use, or undermines the use of the goods, so that the User would not have acquired it, or would have given a cheaper price, had they known them) of which the legal provisions are set out in the appendix.
  • the « supplier » commercial guarantee granted in a specific way by the manufacturers from which FABULABOX buys the products.

13.1 Legal guarantee of conformity

When taking action under the conditions of the legal guarantee of conformity, and as detailed in the Appendix, the User:

  • benefits from a maximum period of two (2) years from the delivery of the good to take action;
  • can choose between the compensation or the replacement of the good, subject to the conditions of costs provided by article L. 217-9 of the Consumer Code;
  • is exempted from providing the proof that the defect existed prior to the purchase of the good for a maximum period of twenty-four (24) months after the delivery of the good.

The legal guarantee of conformity applies irrespective of the possible commercial guarantee that the supplier may grant directly to the User.

The User may decide to use the guarantee against hidden defects of the sold good under the conditions of article 1641 of the Civil Code. In this event, the User may choose between the cancellation of the sale or a price reduction under the conditions of article 1644 of the Civil Code.

Under the legal guarantee of conformity, if the product ordered by the User has an existing defect during the delivery, FABULABOX commits to:

  • either replace the product by another identical product depending on the stock available,
  • or exchange the product with another product of an equivalent quality and price depending on the stock available
  • or refund the price of the product ordered within thirty (30) days after the User’s request if the replacement with a identical of equivalent product were impossible.

13.2 Guarantee of hidden defects

In the event that a purchased good should have a hidden defect, the User may send the good back to get a full refund or keep the good and get a partial refund.

These provisions are not exclusive of the right of withdrawal defined above.

Article 14 – Claims

For any claim or question, the User can or must contact the telephone service set up by FABULABOX by using the following phone number: +33 (0)4 72 23 84 83 or contact FABULABOX by email at: contact@fabulabox.com

Article 15 – Liability

FABULABOX can only be liable under the conditions of the common law.

15.1 Availability and operation of the Website

FABULABOX is held to only one obligation of means in making the Website available and can not in any case be liable for any loss, prejudice, direct or indirect damage, of any kind, resulting from the management, the use, the exploitation, the interruption or malfunction of the Website or the Internet.

Indeed, the User acknowledges that FABULABOX can not in any way guarantee the Website will meet performance requirements or that the Website will work without interruption or bug.

If FABULABOX notices the existence of a dysfunction or bug of the Website or one of its elements, or if FABULABOX is notified by a User, FABULABOX will correct these dysfunctions or bugs to the best of its ability.

FABULABOX can not in any case be liable for any damaged, direct or indirect, resulting from the violation of the GTU by the User, by a dysfunction of the Website or one of its elements, a modification or tempering of the Website by a User, or any harm caused to the Website or one of its elements.

15.2 Content published on the Website

FABULABOX can not be liable for the content published on the Website by the Users, such as pictures, hyperlinks, comments… the User being solely liable for said content exclusive of any other person.

FABULABOX exercises an a priori moderation on the publication and reserves the right to delete any content should they violate the GTU. FABULABOX is thus editor and publisher and benefits from the respective liability system.

Article 16 – Force majeure

FABULABOX can not be liable in the event of a force majeure case. The following are notably considered cases of force majeure: natural disaster, strike, state of war, earthquake, fire, explosion, government interventions, deterioration of the Internet of telephone network, strike at the carriers or subcontractors of Fabulabox.

Article 17 – Litigation – Applicable law

The GTU and the relationship between FABULABOX and the User are subject to the French law.If any of the clauses or provisions of the GTU were to be nullyfied or declared illegal by a final court decision, this nullity or illegality will not affect the other clauses and provisions which will still be applicable.

FABULABOX not using one or more provisions of the GTU at a given time, does not mean it renounces to use them later.

In the event of a litigation relating to the GTU or the subscriptions resulting from them, the litigation may be submitted to an arbitrator. FABULABOX and the User are however free to refuse to resort to arbitration for the litigation. 

It is suggested to use the arbitration set up by the FEVAD, as described on the following website: http://www.mediateurfevad.fr/

The solution suggested by the arbitrator does not bind FABULABOX or the User. However, prior to resorting to an arbitrator, the User must make a claim to the Consumer Service of FABULABOX by post mail at: 1 rue Velten 69009 LYON or by email at: contact@fabulabox.com

If FABULABOX and the User fail to reach an amicable settlement to the litigation, they may go to the competent court.

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