General information
Terms of delivery
General Terms and Conditions of Sale
Terms and Conditions of Sale of the Merchant Site of Smoby Toys SAS
Applicable as of November 18, 2021
1. Purpose
These General Terms and Conditions of Sale (the "GTC") govern the relationship between consumers, natural persons who act for purposes that do not fall within the scope of their professional activity, and non-professionals as defined by the preliminary article of the Consumer Code (the "Customers"), wishing to place an order for products via the website https://shop.smoby.com (the "Site") and the company Smoby Toys SAS ("Smoby Toys").
The GTCs apply exclusively to orders for finished Products delivered in metropolitan France (including Corsica, excluding DROM-COM) and orders for spare parts delivered in European Union countries.
They apply to the attention of Customers acquiring Products for strictly personal use, without direct connection to a commercial, industrial, craft or liberal activity.
Customers must be natural persons aged at least 18 years and must have full legal capacity to contract with Smoby Toys.
Any order of products made on the Site implies, beforehand, the knowledge and full acceptance of the GTC
2. Definitions
The terms capitalized in the T&Cs shall have the meaning defined below:
- Customer: any consumer, natural person aged at least 18 years and having full legal capacity to contract with Smoby Toys, which acts for purposes that do not fall within the scope of its professional activity, and any non-professional as defined by the preliminary article of the Consumer Code.
- Finished product(s): the items that the Customer can order from Smoby Toys via the Site.
- Spare part(s): spare parts as part of the After-Sales Service that the Customer can order from Smoby Toys via the Site.
- Product(s): finished products and spare parts.
- SAV:After-Sales Service
- Site: the Smoby Toys merchant site which is accessible at https://shop.smoby.com
- Smoby Toys SAS: Smoby Toys SAS, a simplified joint stock company with a capital of € 20,000,000.00, whose headquarters is located Lieu-Dit 95 Route du Haut Jura - 39170 Lavans Lès Saint Claude, and which is registered in the RCS of Lons Le Saunier under number 503 233 421. SIRET 503 233 421 00018 - Code APE 3240 Z - Intracommunity VAT FR35 503 233 421.
- Territory: the delivery area of the Products ordered via the Site, corresponding to:
- For Finished Products: metropolitan France (including Corsica, excluding DROM-COM)
- For Spare Parts: metropolitan France (Corsica included, DROM COM excluded) and the countries of the European Union.
3. Products
Smoby Toys presents on the Site the Products offered for sale to Customers, as well as their detailed descriptions contained in "product sheets", offering the Customer the opportunity to know, prior to his Order and before the final validation thereof, the essential characteristics of each Product he can buy via the Site.
These indications are intended to inform the Customer as fully as possible about the essential characteristics of the Products. The Customer is required to read them before placing an Order.
The Customer is required to read them before placing an Order.
The Site also offers Spare Parts for these finished Products.
The choice to purchase a Product is the sole responsibility of the Customer.
The photographs and graphics of the Products are presented on the Site for informational purposes only and are not contractual.
For any precision concerning the characteristics of the Product, it is advisable to refer to the "product sheet".
Smoby Toys reserves the right to make any changes it deems appropriate to its Products at any time, without obligation to modify the Products previously delivered or being ordered. Smoby Toys reserves the right to modify without prior notice the Products presented on the Site.
Smoby Toys reserves the right to change the prices listed at any time without notice. The price applicable to the Product ordered corresponds to the price displayed on the Site during the final validation of the Order by the Customer.
Smoby Toys undertakes to comply with its legal obligation of pre-contractual information of Customers by providing them with as much information as possible.
The Customer is required to refer to the description of each Product in order to know the properties, essential characteristics, conditions of use, any terms of the commercial guarantee and delivery times.
4. Ordering
Ordering Products is done from the Site. It is the Customer's responsibility to build up an Order basket by selecting the Products he/she wishes to purchase, in accordance with the indications on the Site.
The Customer will have the opportunity to check the details of the Order prior to its validation.
Prior to the validation of the Order, the Customer is invited to read the T&Cs in their entirety and to accept their content.
From the moment the Customer validates an Order, he/she shall be deemed to have accepted, the prices and quantities of the Products ordered, as well as the fees and taxes applicable to his/her Order.
When the Order is confirmed by the Customer, a confirmation email is sent to the Customer at the email address provided by the Customer. The Order is considered concluded (and the sales contract formed) when this Order confirmation is made available to the Customer by Smoby Toys.
The Customer guarantees that the data he or she provides when placing the Order is accurate, complete and up-to-date.
The information provided by the Customer when placing the Order is binding on the latter: in case of error on its part, Smoby Toys can not be held responsible for the inability in which it would find itself to ensure the delivery of the Order.
Any Order that does not clearly correspond to a retail sale intended for the Territory and, more generally, any abnormal, fraudulent or presumed to be such an Order, will be considered by Smoby Toys as void. Where appropriate, the Customer will be informed at the contact details provided to Smoby Toys during his Order.
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5. Availability
The availability of Products is indicated in real time.
The Products offered for sale on the Site can be ordered within the limits of available stocks held by Smoby Toys.
In the event that a Product ordered is temporarily or permanently out of stock, Smoby Toys will contact the Customer as soon as possible to warn him that his Order may not be honored within the time indicated or may be cancelled. In these cases, Smoby Toys can not be held responsible.
The Customer has in this case the option (i) to be delivered a Product of equivalent quality and price within the limits of available stocks, the delivery costs of this new product being assumed by Smoby Toys, or (ii) to be refunded the price of the Product ordered within 30 days of his Order.
6. Rates
The selling prices of the Products, indicated in Euros, are those in force at the time of validation of the Order. They include the costs of processing and shipping the Order.
The sale prices of the Products include the value added tax ("VAT") applicable on the day of the Order. Any change in the applicable VAT rate will automatically be reflected in the price of the Products offered for sale on the Site.
The selling prices of the Products may be changed at any time by Smoby Toys. However, the prices applicable to an Order are those indicated to the Customer in the summary preceding the conclusion of the Order by the Customer.
7. Payment
The fact that the Customer validates his or her Order on the Site implies the obligation on his or her part to pay the price indicated in the Order summary.
At no time, the amounts paid to Smoby Toys can not be considered as deposits or deposits.
The Customer has the following means of payment to pay his Order:
- Payment by credit card.
- Payment by Paypal.
7.1 Payment by credit card
Payment of the Order can be made by means of bank cards accepted in France (Carte Bleue, Visa, Mastercard) by indicating directly, in the areas provided for this purpose, the bank card number, the date of validity and, for greater security, the visual cryptogram of the latter, namely: the three digits appearing on the back, near the signature.
7.2 Payment by PayPal
The Customer must have a PayPal account to pay for his Order with this payment method.
In case of payment by PayPal, the general terms and conditions of use of PayPal apply.
7.3 Payment Security
The Customer guarantees Smoby Toys that he has the necessary permissions to use the payment method he has chosen when placing his Order.
Smoby Toys reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in case of non-payment or partial payment of any amount that would be due by the Customer to Smoby Toys, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the Site or payment of an Order.
Penalties in an amount equal to the legal French interest rate in force are automatically applicable to unpaid amounts, upon notification of rejection of bank payment or payment by PayPal.
As part of the fight against fraud on the Internet, Smoby Toys reserves the right, to accept the sale, to ask the Customer to prove his identity, his place of residence and the means of payment used. In this case, the processing of the Customer's Order will take place upon receipt of these documents. Smoby Toys reserves the right to cancel the Order in the absence of receipt of such evidence or receipt of evidence deemed non-compliant.
8. Delivery
Delivery means the transfer to the Customer of physical possession of the Products that are the subject of its Order.
8.1 Place of Delivery
The Products purchased by the Customer shall be delivered to the delivery address given by the Customer at the time of the Order, which must be located in the Territory.
Smoby Toys can not be held responsible for any delay in delivery due to an incomplete and / or incorrect address provided by the Customer during the Order.
8.2 Delivery Time
The delivery time indicated in the Order confirmation email is a maximum time, which corresponds to the processing, preparation and routing time of your Order.
- For a delivery of Finished Products or Spare Parts on Metropolitan France: time of 3 to 5 working days (up to 7 days for bulky products).
- For a delivery of Spare Parts on Europe: time from 5 to 15 working days.
8.3 Delivery delay
In the event that the delivery time applicable to an Order is exceeded, the Customer must instruct Smoby Toys to make the delivery within a reasonable additional time, by registered letter with acknowledgment of receipt or by another writing on a durable medium, to the following address: Smoby Toys SAS - Service du Site Marchand Smoby - Lieu-Dit 95 Route du Haut Jura - 39170 Lavans-Lès-Saint-Claude.
If within this period, Smoby Toys has not proceeded to the delivery of the Products ordered, the Customer may terminate the sale by registered letter with acknowledgment of receipt or by another writing on durable medium.
The sale is considered resolved upon receipt of the letter or writing informing Smoby Toys of this resolution, unless the Products have been delivered between the sending and receipt of this writing.
Smoby Toys will then proceed to reimburse the Customer within fourteen (14) days from the date of receipt of the Customer's request for termination, and this, by any means of payment.
8.4 Transfer of Risk
Smoby Toys bears the risks associated with transport until the delivery of the Order, ie until the physical delivery of the Products ordered to the Customer or to a third party designated by him at the time of the Order other than the carrier chartered by Smoby Toys.
8.5 Reception of Products
It is imperative for the Customer to verify the apparent condition of the Products at the time of delivery of the Order. In case of anomaly relating to the delivery (damaged goods, missing, open package ...), the Customer is invited to refuse delivery.
The Customer shall then issue precise and detailed written reservations on the carrier's delivery slip. These should be confirmed to the carrier within three (3) working days of receipt of the Order, by registered letter with acknowledgement of receipt. A copy of this confirmation should be sent to Smoby Toys SAS, at the following address: Smoby Toys SAS - Service du Site Marchand Smoby - Lieu-Dit 95 Route du Haut Jura - 39170 Lavans-Lès-Saint-Claude.
The Products accepted without reservations by the Customer at the time of delivery and / or in the absence of a letter to the carrier within three (3) working days, are deemed delivered in good condition and in their entirety.
9. Right of withdrawal
9.1 Terms of the right of withdrawal
In accordance with Article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from the day he/she receives the Sales Order to exercise his/her right of retraction for one or more of the Products ordered, and this, without having to justify his/her reasons, nor to pay any penalty.
The Customer may make his or her request for withdrawal using the withdrawal form in Appendix 1 of the T&Cs or by any other written means at his or her convenience.
The withdrawal request should be sent to the following address: Smoby Toys SAS - Service du Site Marchand Smoby - Lieu-Dit 95 Route du Haut Jura - 39170 Lavans-Lès-Saint-Claude.
The Products listed below are excluded from the right of withdrawal and therefore can not be reimbursed by Smoby Toys:
- The products of supply of goods made to the specifications of the Customer or clearly personalized,
- The products that, because of their nature, can not be reshipped or are likely to deteriorate or expire quickly,
- The products of supply of goods that have been unsealed by the Customer after delivery and can not be returned for reasons of hygiene or health protection.
9.2 Return of Products
The Products must be returned to Smoby Toys, at the latest, within fourteen (14) days after the communication by the Customer of his decision to withdraw.
The return of Products is made at the risk of the Customer, who will have to bear the full cost of return.
The Customer must send the Products he wants to return to Smoby Toys:
- protected, in their original packaging, in perfect condition for resale (not damaged, damaged or soiled), accompanied by all accessories, instructions and documentation,
- accompanied by the sales invoice so as to allow identification of the Customer and the related Order,
- without the Products having clearly been subject to lasting use (beyond a few minutes), i.e. provided that the Products do not bear the mark of prolonged use exceeding the time required for their testing and are in a condition allowing their resale.
The return of Products should be made to the following address:
Smoby Toys SAS - Site Marchand Smoby
25 Rue Charles Favre
39260 Moirans en Montagne
The refund of the price of the Products returned by the Customer will be made by Smoby Toys within fourteen (14) days from receipt of said Products. The refund will be made by any means of payment at the convenience of Smoby Toys.
10. Warranties
10.1 Legal Warranties
The T&Cs are without prejudice to the provisions relating to legal warranties enjoyed by the Customer as a purchaser of consumer goods.
The Customer may thus benefit from the legal guarantee of conformity mentioned in Articles L.217-4 et seq. of the Consumer Code.
The Customer has a period of two (2) years from the delivery of the Product to act with Smoby Toys.
He can choose between repair or replacement of the Product, subject to the conditions of cost provided by Article L. 217-9 of the Consumer Code. He is exempted from providing evidence of the existence of the lack of conformity of the Product, during the twenty-four (24) months following the delivery of the latter.
The Customer may also decide to implement the legal warranty against hidden defects, provided for in Articles 1641 et seq. of the Civil Code.
The Customer has a period of two (2) years from the discovery of the defect to activate this guarantee.
He may then choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Legal warranty against hidden defects:
Article 1641 of the Civil Code: "The seller is bound by the guarantee because of hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known them."
Article 1648, al.1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."
Legal warranty of conformity:
Article L.217-4 of the Consumer Code:
"The good is in conformity with the contract if it meets in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is fit for any special purpose sought by the consumer, made known to the seller no later than at the time of the conclusion of the contract and accepted by the seller;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract. "
Article L.217-5 of the Consumer Code:
"I.- In addition to the criteria of conformity to the contract, the good is in conformity if it meets the following criteria:
1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union and national law and all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
3° Where applicable, the digital elements of the product are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° If applicable, it is delivered with updates that the consumer may legitimately expect, in accordance with the provisions of section L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer may legitimately expect for goods of the same type, having regard to the nature of the goods as well as to public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on the labeling.
II.- However, the seller shall not be bound by any public statements referred to in the preceding paragraph if he demonstrates:
1° that he did not know them and was not legitimately in a position to know them;
2° That at the time the contract was entered into, the public statements had been corrected to conditions comparable to the original statements; or
3° That the public statements could not have influenced the decision to purchase.
III.- The consumer may not contest the conformity by invoking a defect concerning one or more particular characteristics of the goods, which he was specifically informed deviated from the criteria of conformity set out in this article, deviation to which he expressly and separately consented at the time of the conclusion of the contract.
Article L.217-12 of the Consumer Code:
"The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard to, in particular:
1° The value that the goods would have if there were no lack of conformity;
2° the significance of the lack of conformity; and
3° Whether the other choice can be made without significant inconvenience to the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, in particular with regard to 1° and 2°.
Where these conditions are not respected, the consumer may, after formal notice, pursue compulsory execution in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.
Any refusal by the seller to proceed according to the choice of the consumer or to bring the goods into conformity, shall be motivated in writing or on a durable medium.
10.2 Warranty exclusion
The guarantees exclude the following damages:
- Damage of external origin,
- Damage resulting from the use of Products not in accordance with the instructions for use or instructions given by Smoby Toys,
- The damage resulting from the intervention of a repairer not approved by Smoby Toys,
- Damage from negligence, lack of maintenance, lack of supervision attributable to the Customer or third parties.
11. After Sales Service
Spare parts are available on our e-shop: https://shop.smoby.com/smoby
If necessary, the Customer is invited to contact the service department of Smoby Toys.
The after-sales service of Smoby Toys SAS can be contacted:
- In our service portal: https://service.simba-dickie.com/fr/home/smoby
- By mail addressed to:
Smoby Toys SAS - Attn: SAV
Lieu-Dit 95 Route du Haut Jura
39170 Lavans-Lès-Saint-Claude
12. Force majeure
The parties shall not be liable if the non-performance or delay in the performance of any of their obligations as described in the T&Cs results from an event of force majeure, as defined in Article 1218 of the Civil Code.
13. Personal Data
The ordering process on the Site does not require the creation by the Customer, of a customer account but does require the collection of personal information allowing the processing of the Order.
In the context of the processing of the Order and/or the creation of a customer account, the personal information collected by Smoby Toys is, in particular, the following: surname, first name, postal address, e-mail address, telephone number of the Customer (the "Personal Data").
The Personal Data thus collected are subject to processing by Smoby Toys, in order to allow the processing and delivery of the Order to the Customer (the "Personal Data Processing").
The person responsible for the Processings is the Marketing Department Manager of Smoby Toys SAS (the "Processor").
The Personal Data are transmitted to Smoby Toys, which is likely to transmit this information to the companies of the Simba Dickie Group (the group to which Smoby Toys belongs) as well as to the various external service providers responsible for ensuring all or part of the Processing of personal data, the preparation or shipment of the Order (the "Recipients of Data").
Personal Data will be retained by the Data Recipients for as long as necessary to process and ship the Order. The Data Recipients may retain certain Personal Data for a longer period of time in order to comply with applicable legal requirements regarding the retention of business records.
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In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, each Customer has the following rights, which he or she may freely exercise with the Data Controller:
- The right to access, rectify and/or delete his Personal Data,
- The right to limit the processing of his Personal Data,
- The right to object to the processing of his Personal Data,
- The right to the portability of his Personal Data,
- The right to withdraw consent to the processing of his Personal Data at any time.
In order to exercise his rights, the Customer may contact Smoby Toys, by email (dpo@smobytoys.fr) or by mail, at the following address: Smoby Toys SAS - For the attention of the Data Protection Officer (DPO) - Lieu-Dit 95 Route du Haut Jura - 39170 Lavans-Lès-Saint-Claude - France.
We remind you that you have the possibility to register on the opposition list to telephone canvassing on the website http://www.bloctel.gouv.fr/.
The Customer also has the right to file a claim with a supervisory authority. In France, the competent control authority is the Commission Nationale de l'Informatique et des Libertés (CNIL) - 3 Place de Fontenoy - TSA 80715- 75334 PARIS CEDEX 07.
14. Intellectual property of the contents of the Site
All documents, information, data, texts, graphics, images, photographs, videos or any other content distributed on the Site (the Elements), are the exclusive property of Smoby Toys or their respective owners.
The Elements are subject to protection, as appropriate, under copyright law, trademark law, design law and patent law as well as image rights.
As a result, the Elements may not be copied, reproduced, modified, exploited or used in any way by users of the Site. Any reproduction or representation, in whole or in part, constitutes an infringement that may incur the civil and criminal liability of its author.
15. Liability
The responsibility of Smoby Toys can not be held liable for any events, inconveniences or damages inherent in the use of the Site, including disruption of service, external intrusion or presence of computer viruses.
In addition, Smoby Toys can not be held liable for breach of contract with the Customer in case of fortuitous situation, force majeure as defined in Article 12, disruption or total or partial strike including postal services and means of transport and / or communications, flooding, pandemic recognized by the World Health Organization or fire.
Smoby Toys will not incur any liability for any indirect damage due to this, operating loss, loss of profit, damage or expense that may arise.
16. Retention of title
Smoby Toys retains full ownership of the Products ordered until full payment of the full price of the Order, in principal, fees and taxes included.
17. Modification of the GTC
Smoby Toys reserves the right to modify at any time the GTC. Nevertheless, only will be applicable to an Order, the GTC accepted by the Customer at the time of the conclusion of said Order.
18. Partial invalidity of the GTC
If one or more stipulations of the GTC are declared invalid pursuant to a law, regulation or as a result of a final decision of a competent court, the remaining stipulations shall retain their full force and scope.
19. Applicable Law
The Site, the T&Cs and the Orders made via the Site and their execution are governed exclusively by French law.
Any dispute relating to the interpretation or performance of the GTC or an Order will be judged in accordance with French law and will fall under the jurisdiction of the court of the headquarters of Smoby Toys.
20. Mediation of consumer disputes
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer has the right to resort free of charge to the mediation service offered by Smoby Toys.
The mediator thus proposed is CM2C.
This mediation device can be reached:
- Electronically: www.cm2c.net,
- By post: CM2C - 14 rue Saint-Jean - 75017 Paris
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/
