Conditions

Definitions

We will designate thereafter:

‘Site’ or ‘service’: the site https://www.buster-bros.com and all of its pages.
‘Products’: all products (materials) and services (intangible) that can be purchased or subscribed to on the site.
‘Editor’: The person, legal or physical, responsible for the editing and content of the site.
‘User’: The user visiting and using the site.
‘Customer’: The user making a purchase of a product or service on the site.

Statements imposed by the law of confidence in the digital economy, object of the site and designation of the parties
This site is published by the company S2S SARL with a capital of 8 000 €, company listed under the registration number 439380080 with the RCS Grenoble and whose head office is located at 138 Grande Rue 38700 La Tronche France. VAT number: FR439380080

The site is hosted by the company Contact details of the web host: 1 & 1 Internet SARL FRANCE (Headquarters: 7, place de la Gare – 57200 SARREGUEMINES

The purpose of this site is determined as “online sale of children’s toys and accessories of the brand Buster-Bros”.

The site is free and open to all internet users. The acquisition of a good or a service, or the creation of a member area, or more generally the navigation on the site supposes the acceptance, by the Net surfer, of the entirety of the present general conditions who recognizes the same fact to have fully aware of it.

Acceptance of these terms and conditions assumes that users have the necessary legal capacity for this. If he is a minor, he declares to have the authorization of a tutor or curator or his legal representative.

Characteristics of the products and services offered
The products and services offered are those listed in the catalog published on the site. These products and services are offered within the limits of available stocks. Each product is accompanied by a description established by the publisher according to the descriptions provided by the supplier. The photographs of the products in the catalog reflect a faithful image of the products and services offered.

The customer service of this site is accessible by email at the following address: contact@buster-bros.com or by mail at the following address: 138 Grande Rue 38700 La Tronche France,

Prices

Unless otherwise stated, the prices listed in the catalog are prices in Euros inclusive of all taxes (including VAT), taking into account the VAT applicable on the day of the order.

S2S reserves the right to pass on any change in the VAT rate to the price of products or services. The publisher also reserves the right to change prices at any time. However, the price listed in the catalog on the day of the order will be the only applicable to the buyer.

Member area

The user registered on the site (member) has the opportunity to access it by logging in with his login (email address defined during registration and password). The user is fully responsible for protecting the password he has chosen. He is encouraged to use complex passwords. In case of forgotten password, the member has the possibility to generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in its heading “my account” and the user thus refrains from transmitting it or communicating it to a third party. Otherwise, the publisher of the site can not be held responsible for unauthorized access to a user’s account.

The creation of a personal space is a prerequisite for any order or contribution from the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information.

The purpose of data collection is to create a “member account”. This account allows the client member to view all his orders made on the site. If the data contained in the heading member account were to disappear as a result of a technical breakdown or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value but only an informative character. The pages relating to the member accounts are freely printable by the holder of the account in question but do not constitute any proof, they are only of an informative nature intended to ensure an effective management of his orders or contributions by the member.

The publisher reserves the exclusive right to delete the account of any member who has contravened these terms and conditions (in particular but without this example being of any exhaustive nature, when the member knowingly provided incorrect information, during his / her registration and constitution of his personal space) or any inactive account for at least one year. Such removal will not be likely to constitute damage for the excluded member who can not claim any compensation for this fact. This exclusion is not exclusive of the possibility, for the publisher, to take legal action against the member, when the facts will have justified it.

Exemption from the responsibility of the publisher in the execution of this contract
In case of impossibility of access to the site, because of technical problems or all kinds, the user will not be able to claim damages and can not claim any compensation. The unavailability, even prolonged and without any limitation period, of one or more products, can not be constitutive of a prejudice for the Net surfers and can in no way give place to the grant of damages and interests on the part of the site or from his publisher.

The hypertext links on this site may refer to other websites and the responsibility of the publisher of this site can not be engaged if the content of these sites violates the laws in force. Similarly, the responsibility of the publisher of this site can not be engaged if the visit by the user, of one of these sites, caused him harm.

Intellectual property rights relating to the elements published on this site
All elements of this site belong to the publisher or a third party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and is similar to counterfeiting. Any member who is guilty of infringement would be likely to have his account deleted without notice or compensation and without this removal can be constitutive of damage, without reservation of possible subsequent legal proceedings against him, on the initiative publisher of this site or its agent.

The present site uses elements (images, photographs, contents) whose credits return to the company S2S

Contribution of Internet users to the content of the site
Internet users are offered the opportunity to contribute to the content of this site, by publishing comments.

Contributors are informed that the publisher of the site, represented if necessary by the moderators, can choose to publish the article in question on the newsletters of this site and on the sites of all its partners, at the expense of the publisher of quote the pseudonym of the author of the contribution. The author therefore waives his rights to the content of the contributions, for the benefit of the publisher of the site, for any dissemination or use, even commercial, on the internet, this, of course, always in respect of the paternity of the author.

brands

The brands and logos contained in the site are registered by the company S2S, or possibly by one of its partners. Any person proceeding to their representations, reproductions, nesting, diffusions and reruns incurs the sanctions envisaged in articles L. 713-2 and following of the Code of the intellectual property.

Limitation of liability

The publisher of the site, has for all stages of order taking and for the steps after the conclusion of the contract an obligation of result.

The responsibility of the publisher of the site, the company S2S can not be engaged in the case where the non-performance of its obligations would be attributable either to the unpredictable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by French case law. Similarly, the responsibility of the publisher of the site can not be held liable for any inconvenience or damage inherent to the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.

Concerning the purchased products, the publisher will not incur any responsibility for any consequential damages because of present, operating loss, loss of profit, damage or expenses, which could occur. The choice and purchase of a product or service are under the sole responsibility of the customer. The total or partial impossibility to use the products notably because of the incompatibility of the material can not give rise to any compensation, refund or questioning of the responsibility of the publisher, except in the case of a hidden defect proved , non-compliance, defect or exercise of the right of withdrawal if applicable, ie if the customer is not a professional and the contract to acquire the good or service allows the retraction, according to the Article L. 221-28 of the Consumer Code. In case of non-delivery of an order or a part of order, the customer has six months maximum (from the date of departure of the warehouses) to appear. Beyond this deadline, no claim will be accepted.

The user expressly admits to use the site at his own risk and under his exclusive responsibility. In any case, the company S2S will in no case be held responsible:
– any direct or indirect damage, in particular with regard to loss of profits, loss of profits, loss of customer base, data that may result from the use of the site or, conversely, the impossibility of its use ;
– a malfunction, unavailability of access, misuse, misconfiguration of the user’s computer, or the use of a browser little used by the user ;
– the content of advertisements and other links or external sources accessible by the user from the site.

Access to the site

The responsibility of the publisher of the site can not be engaged because of a technical unavailability of the connection, that it is due in particular to a case of force majeure, a maintenance, an update, a modification of the site, an intervention of the host, an internal or external strike, a network failure, a power failure, or a misconfiguration or use of the user’s computer.

Closure of account

Each user is free to close their account on the site. For this, the member must send an e-mail to the site indicating that he wishes to delete his account. No recovery of his data will then be possible.

Applicable Law and Jurisdiction

These general conditions are subject to the application of French law. They can be modified at any time by the publisher of the site or his representative. The general conditions applicable to the user are those in effect on the day of his order or his connection to this site. The publisher is obviously committed to keeping all its old general conditions and to send them to any user who requests it.

Except for provisions of public order, any disputes that may arise in connection with the execution of these terms and conditions may be submitted to the publisher of the site before amicable settlement before amicable settlement. It is expressly reminded that requests for an amicable settlement do not suspend the time limits for taking legal action. Unless otherwise provided by public order, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts of the Court of Appeal seised.

The court of competent jurisdiction in case of dispute shall be that of the place of residence of the defendant or, at the option of the plaintiff, the place of actual delivery of the product or the place where he remained at the time of the conclusion of the contract.

Using Cookies

A “cookie” allows the identification of the user of a site, the personalization of his site consultation and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site may use “Cookies” mainly to obtain browsing statistics to improve the user experience, and allow access to a member account and content that is not accessible. without connection.

The User acknowledges being informed of this practice and authorizes the publisher of the site to use it. The publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the case of legal requisition. The User may refuse the registration of “Cookies” or configure his browser to be warned prior to the acceptance of “Cookies”. To do this, the User will proceed to the setting of his browser:

– For Internet Explorer: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies
– For Safari: https://support.apple.com/en-us/ht1677
– For Google Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en&safe=on
– For Firefox: https://support.mozilla.org/en/kb/activate-deactivate-cookies
– For Opera: http://help.opera.com/Windows/10.20/en/cookies.html

Order subscription method and description of the purchase process
We will define below as “Basket” the immaterial object grouping all the goods or services selected by the user of the site for a purchase in, having clicked on these objects. As soon as the user believes that he has selected and added to his basket all the items he wants to buy, he will have the opportunity, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will learn or will be given the number and characteristics of the products ordered, as well as their unit price.

If he wishes to validate his order, the user must tick the box relating to the ratification of these terms and conditions of sale and click on the validation button. The user will then be redirected to a page where he will fill in the order form fields. In the latter case, he will have to fill in a certain number of personal data concerning him, which are necessary for the smooth running of the order. Once the user has completed the form, it will be redirected to the online payment interface in which he can make his payment by credit card online or by PayPal type transfer, or will have confirmation to send a bank transfer where appropriate. After a few moments the user will be sent an email confirming the order, reminding him of the content of the order and the price thereof.

The products and items sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.

Payment Information

The user can place an order on this site and can pay by credit card, Paypal, bank transfer
Credit card payments are made through secure transactions provided by an online payment platform provider.

This site does not have access to any data relating to the means of payment of the user. Payment is made directly to the bank or payment provider receiving payment from the Customer. In case of payment by bank transfer, the delivery times defined in the article below start running only from the date of actual receipt of payment by the seller, the latter can provide evidence by any means . The availability of products is indicated on the site, in the description of each article.

Delivery or provision

Delivery charges will be indicated to the customer before any payment. The site has no geographical limitation of delivery, orders can be shipped anywhere in the world.

The different modes of deliveries proposed are delivery at home or at the address of the customer.

By adding the products to the basket, the customer is able to consult the costs and delivery times. When the order is shipped, the customer will receive a package tracking email that allows him to contact the carrier.

The publisher undertakes to deliver the products at the end of the period indicated. The buyer is invited to check the content of the goods delivered. Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products …) must be indicated by the buyer on the delivery note, accompanied by the signature of the buyer. At the same time, it will confirm this anomaly by sending the publisher within 3 days of receipt, an email or registered mail (advised), exposing the said claims. If the consumer personally takes delivery of the goods transported or when the carrier does not justify having left the possibility to check the good condition of the goods, the consumer has a period of 10 days to expose his claims. In order to give the seller a possibility of recourse against the carrier, the consumer will have to comply with these requirements. Upon receipt of the complaint, the company S2Sc will communicate by email, fax or telephone to the buyer the terms of exchange of products.

In case of error of delivery or exchange (if the right of withdrawal is applicable, that is to say if the customer is not a professional and the contract to acquire the good or service allows the withdrawal , according to Article L. 221-28 of the Consumer Code), any product to be exchanged or refunded must be returned, after prior agreement, to the company S2S in its entirety, in perfect condition and in its original packaging .

Conditions of withdrawal

In accordance with Article L. 221-18 and paragraphs of the Consumer Code, and if the right of withdrawal is applicable, the consumer has a period of 14 working days from the date of delivery of his order to return any article does not suit him and request exchange or refund without penalty, with the exception of the costs of return, within fourteen days from the receipt by the company S2S of the request for reimbursement. The product must be returned in perfect condition and in its original packaging, allowing it to be suitable for new marketing. If necessary, it must be accompanied by all its accessories. If the previous obligations are not carried out, the buyer will lose his right of withdrawal and the product will be returned to him at his expense. The cost of return in case of withdrawal remain the responsibility of the buyer and the latter may be able to choose a solution followed for the return of his product.

After receiving the return and if the product is suitable for a new marketing, the publisher proceeds to a refund within 14 days by the payment method selected during the order or by bank transfer. In order to properly process the request, the customer is requested to attach a copy of the invoice.

If the buyer’s parcel is returned to the publisher by the Post Office or other postal service providers, the publisher will contact the buyer upon receipt of the parcel in return to ask him what to do with his order. If the buyer has refused the package by mistake he can ask for the return by paying in advance the payment of postage for the new shipment. Postal fees must be paid even for orders whose shipping costs were offered when ordering.

Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts relating to the delivery of goods specially manufactured for the consumer and which are clearly adapted to his personal needs.

Retraction form

In accordance with Article L. 221-5 of the Consumer Code, (“Hamon law”) of June 2014, the customer can find below a standard withdrawal form for an order placed on the site, to be sent to the S2S company by email at contact@buster-bros.com or by registered mail with acknowledgment of receipt. It is understood that the customer will bear the costs of returning the goods in case of withdrawal, as well as the cost of returning the goods if the latter, because of its nature, can not normally be returned by post, and that this withdrawal can only operate in the conditions of retraction stipulated in these general conditions of sale.

In the case of sending the withdrawal form sent online, the publisher of the site must immediately communicate an acknowledgment of receipt of the withdrawal.

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To the attention of S2S 138 Grande Rue 38700 La Tronche, France (contact@buster-bros.com)

Name, Surname and Address of the Client:

Date of the mail:

Subject: Retraction

Dear,

I wish to take advantage of my right of withdrawal provided for by Article L. 521-17 of the Consumer Code, concerning the contract relating to the order placed with your company on the website http: //www.buster-bros. com and dealing with the following good:

Date of the order :
Number of the order and / or invoice
Total amount including VAT:

Counting on you for your complete cooperation,
Please accept, Madam, Sir, my sincere greetings.

Signature:

Late delivery

In accordance with Article L. 216-2 of the Consumer Code, in the event of the seller’s failure to fulfill his obligation to deliver on the date or at the end of the period indicated, or, failing that, at the latest thirty days after the conclusion of the contract, the consumer may resolve the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, according to the same conditions, the seller to perform delivery within a reasonable additional period, the latter has not been executed within that period.

According to Article L. 216-3 of the Consumer Code, when the contract is resolved under the conditions set out in Article L. 216-2, the publisher is required to reimburse the consumer for all amounts paid, at the latest within fourteen days of the date on which the contract was terminated. The amount paid by the consumer is automatically increased by 10% if the refund is made no later than thirty days beyond this term, from 20% to 60 days and 50% later.

Guarantee of the products bought on the present site
All the articles acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;

Compliance Guarantee:

The guarantee of conformity applies regardless of the commercial guarantee that may be granted. According to articles L. 217-1 to L. 411-1 of the Consumer Code, the seller is required to deliver goods in accordance with the contract and to respond to defects of conformity existing during the delivery of the goods. In case of lack of conformity, the buyer chooses between repair and replacement of the goods. The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the product. However, when the defect appears within 24 months after that date, it is presumed to fulfill this condition. However, after this period of 24 months, it will be up to the customer to prove that the defect existed at the time of taking possession of the property.

Guarantee of hidden defects:

According to articles 1641 to 1649 of the Civil Code, the seller is bound by the guarantee because of the hidden defects of the thing sold which render it unfit for the use for which it is intended. The customer can request the exercise of the guarantee of hidden defects of the thing sold and choose between the resolution of the sale or a reduction of the selling price. According to article 1648 of the Civil Code, the action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.

The products supplied by the seller on this site benefit, in addition to the legal warranty which is, if applicable, always applicable, a guarantee specific to the site and provided by the company S2S SARL, under the following conditions:

The warranty only covers the original purchaser of the product and can not be transferred to another person. The product must have been assembled and maintained in strict accordance with the instructions sold with the product.

The guarantee does not apply to:

– Misuse of the product, lack of care, mishandling, accident during use, or any other abnormal use of the product being diverted from the intended use.

– Products that have been altered or modified.

– Normal wear of the product and its components.

– Damage caused by unauthorized repair or maintenance.

– Cosmetic problems such as discoloration or the presence of scratches related to the use of the product, or any other cause not arising from defects in materials or workmanship.

– Bad storage conditions of the product (moisture, sunlight) causing defects such as corrosion or discoloration.

In case of non-compliance of a product sold, it may be returned to the seller who will resume, exchange or refund, without any additional costs for the buyer.
All complaints must be made by post to the company S2S, or by email to contact@buster-bros.com within two years from the date of delivery.
In case of impossibility of exchange of the product (obsolete product, out of stock, etc.) the buyer will be refunded within 14 days from receipt of the return by bank transfer of the amount of his order.

Archiving

Unless proved otherwise, the records will be considered by the parties as proof of communications, orders, payments and transactions between the parties. The S2S company will archive purchase orders and invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. It will guarantee access to the consumer, if requested by the consumer, for a period of ten (10) years from the date of placing the order.

Framing conditions

If any provision of the Terms and Conditions is found to be unlawful, void or for any other unenforceable reason, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions. These conditions describe the entire agreement between the user and the website. They replace all prior or contemporaneous written or oral agreements. The terms and conditions are not transferable, transferable or sublicable by the user himself.

A printed version of the Terms and any notices given in electronic form may be requested in judicial or administrative proceedings in connection with the general conditions. The parties agree that all correspondence relating to these terms and conditions must be written in the French language.

Notifications

Any notice or notice concerning these general conditions, the legal notices or the charter of personal data must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognized courier service that allows you to regularly follow its packages, at the following address: S2S, 138 Grande Rue 38700 La Tronche, France or by e-mail to the address contact@buster-bros.com, specifying your names, first names, coordinates and object from the opinion.

Complaints

Any complaint related to the use of the website, the service, or any other related service, the pages of the site on any social networks or the general conditions, legal notice or charter of personal data must be filed within 5 years the day of origin of the source complaint problem, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the next 5 years, such a claim will be forever inapplicable in court.

Inaccuracies

It may be possible, throughout the website and the services offered, and to a limited extent, inaccuracies or errors, or information that does not agree with the terms and conditions, the legal notice or the charter. personal data. In addition, it is possible that unauthorized changes are made by third parties on the site or on ancillary services (social networks …). We make every effort to ensure that these kinds of discrepancies are corrected.

In the event that such a situation eludes us, please contact us at the following address: S2S 138 Grande Rue 38700 La Tronche, France or by e-mail at contact@buster-bros.com with, if possible, a description of the error and location (URL), as well as sufficient information to allow us to contact you. For copyright applications, please refer to the section on intellectual property.

Customer Service / Mediation Service
For any question relating to the follow-up of an Order, a return or any additional information, the Buster Bros Customer Service can be reached by telephone on +33 (0) 4 76 62 51 02 from France or abroad, and via email

For any claim relating to the Order, the Buyer is invited to contact S2S Customer Service on +33 (0) 4 76 62 51 02 from France or abroad, during the opening hours of the service. Moreover, in case of unresolved complaint by S2S Customer Service, the Purchaser may enter the consumer mediation service.

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© S2S SARL – All Rights Reserved – March 29, 2017

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