Terms and Conditions of Use of the Merchant Site of Smoby Toys SAS

The use of the website accessible at shop.smoby.com (the "Site") published by the company SMOBY TOYS SAS ("SMOBY TOYS") is subject to these general terms of use (the "TOU"). Any person accessing the Website is considered a user ("User").

The Site is the property of Smoby Toys. The information contained on this Site is provided exclusively for consumer information, this information is subject to change and update, at any time, without notice.

The information contained on this site is subject to French law and is provided without warranties of any kind, either express or implied. This information may contain inaccuracies or errors, however, Smoby Toys will make every effort to correct them and ensure accurate, clear and precise information of users of the Site.

 

Smoby Toys can not be held responsible for the availability or accessibility of users to the Site. Similarly, Smoby Toys SAS can not be responsible for the content of any other site to which the user may have access via the Site.

 

Smoby Toys shall not be liable for any damages, temporary or permanent, direct or indirect, material or immaterial, or special, caused, including but not limited to, to the user's computer system, nor for any loss or damage, which would result, including but not limited to, the use or consultation of the Site.

Smoby Toys will also not be liable for damages resulting from fraudulent intrusion by a third party that has led to a modification of the information published on the Site.

Any use of the Site necessarily implies the acceptance without reservation, by the User, of the TOS of which he declares to have read and expressly accepted by checking, at the time of registration, the box "I acknowledge having read the Terms of Use of the Site, understand them and declare to accept them" reserved for this purpose.

The purpose of the TOS is to define the rights and obligations of Smoby Toys and the User in the context of access to the Site and the use that is made.

Legal notices identifying the company:

SMOBY TOYS SAS
Simplified joint-stock company whose registered office is located Lieu-Dit 95 Route du Haut Jura, 39170 Lavans-Lès-Saint-Claude
Share capital 20.000.000 euros
. RCS OF LONS-LE-SAUNIER N°503 233 421
SIRET N°503 233 421 00018
Intracommunity VAT FR35 503 233 421
Tel. Tel : +33 (0)3 84 41 38 00
Fax : +33 (0)3 84 42 83 24
Email address : contact@smobytoys.fr

Design and realization of the site:

D2S/SYSTEMS GmbH
. Agentur für digitale Kommunikation
www.d2s-systems.com

Hosting:

Hetzner Online GmbH
Industriestr. 25
91710 Gunzenhausen
Germany
Fon +49 (0)9831 505-0
https://www.hetzner.de/fr

Copyright © - Links

The entire content of the Site is protected by intellectual property rights. Any production, reproduction or representation of part or all of the Site, on any medium whatsoever, is prohibited, subject to the provisions set out below. Failure to comply with these provisions constitutes an infringement likely to engage the civil and criminal liability of the infringer.

Paper reproduction

With the exception of iconography, reproduction of the pages of this Site on paper is authorized, subject to compliance with the following three cumulative conditions:

• free distribution,
• respect for the integrity of the documents reproduced (no modifications or alterations of any kind)
• explicit citation of the address of the Site concerned as source and mention that reproduction rights are reserved and strictly limited.

Reproduction on electronic media

Reproduction of all or part of this Site on an electronic medium is authorized subject to the addition in a clear and legible manner of the source and the mention "Rights Reserved".
The information used must be for personal, private or associative purposes only; any other use, including but not limited to use for commercial, public or advertising purposes, is excluded.

 

The creation of links to the sites of Smoby Toys

The sites of the company Smoby Toys SAS authorize the establishment of a hyperlink pointing to their content, provided:

• that the pages of the sites of the company Smoby Toys are not nested within the pages of another site, but accessible by opening a window.
• to mention the source that will point through a hyperlink directly to the content targeted.

The information used must be for personal, private or associative purposes only; any other use, including but not limited to use for commercial, public or advertising purposes, is excluded.

Warning!!

This authorization does not apply to websites disseminating information of a polemical, pornographic, xenophobic or that may, to a greater extent, affect the sensitivity of the largest number and / or the image of the company Smoby Toys.

For any other use, please consult us.

How to access the Site

Access to the Site by the User is free.

On the other hand, the User who would like to place an order is not required to create a customer account prior to the validation of his order on the Site.

Rules of Conduct

To access the Site, the User is prohibited any behavior that could damage the image of Smoby Toys or one or more other Users.

The content disseminated by the User on the Site commits him in his own name and can not commit, in any capacity whatsoever, Smoby Toys.

So more specifically, the User is prohibited:

• To use a username or avatar that is particularly vulgar, aggressive, abusive or defamatory;
• To publish on the Site content that is abusive, hateful, racist, discriminatory, denigrating, obscene, vulgar, defamatory, in violation of a legal, regulatory or contractual provision or encouraging behavior that is reprehensible under the law;
• To publish on the Site content that infringes the rights of third parties;
• To publish on the Site content that has no connection with the purpose of the Site, and in particular promotional content, advertising, or make any commercial solicitation.

More generally, the User is prohibited:

• To impersonate a third party, another User or to impersonate an employee or representative of Smoby Toys;
• To resort to hacking, "spamming", "fishing", "flooding" (saturation) or any other malicious action against Smoby Toys and other Users.

Intellectual Property

The Site, the elements composing the Site and the products presented on the Site are protected by intellectual property law, including copyright law and / or trademark law and / or the right of designs and models and / or the right of patents of invention that Smoby Toys would hold.

The Site, the elements comprising the Site and the products presented on the Site are therefore the exclusive property of Smoby Toys.

The protected works reproduced on the Site, and which Smoby Toys would not be the owner of the rights, have been the subject of an express and prior authorization of reproduction from the third party holders of the rights.

Smoby Toys grants the User a right of private, non-collective and non-exclusive use of the Site for consultation. Any other use is constitutive of infringement and punishable under the Code of Intellectual Property, and this, unless prior and express permission of Smoby Toys.

 

The User therefore acknowledges that, in the absence of prior, express and written authorization from Smoby Toys, any total or partial copy and any dissemination or exploitation of one or more of the elements referred to above, even modified, will be likely to give rise to legal proceedings conducted against him.

In general, the User agrees not to damage in any way whatsoever the products, nor to make improper use that would directly or indirectly discredit or devalue Smoby Toys and / or its products and / or its image.

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 Order processing, 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 in charge of the Processings is the Marketing Department Manager of Smoby Toys ("the Processor").

The Personal Data are transmitted to Smoby Toys, which may transmit this information to companies of the Simba Dickie Group and to various external 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.

 

***

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/her Personal Data,
• The right to limit the processing of his/her Personal Data,
• The right to object to the processing of his Personal Data,
• The right to portability of one's 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.

The Customer also has the right to file a complaint 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.

The Customer also has the right to file a complaint with a control authority.

Information on cookies

A cookie is a piece of information deposited on the User's hard drive by the Site's server. It contains several pieces of data that are stored on the User's computer in a simple text file that a server accesses to read and record information. Only the issuer of a cookie is likely to read or modify information contained therein.

When consulting the Site, information relating to the browsing of the User's terminal (computer, tablet, smartphone, etc.) on the Site, is likely to be recorded in "Cookies" files installed on the User's terminal, subject to the choices that the User has expressed concerning Cookies and which he or she may modify at any time.

The retention period of the information thus collected is thirteen months from the insertion of the corresponding cookie.

The cookies issued by Smoby Toys allow it:

• To establish statistics and volumes of attendance and use of the various elements comprising the Site (sections and content visited, path), allowing to improve the interest and ergonomics of services
• To adapt the presentation of the Site to the display preferences of your terminal (language used, display resolution, operating system used, etc.) during visits to the Site, according to the hardware and software for viewing or reading that the terminal has;
• To store information relating to a form that the User fills out on the Site (registration or access to your account) or to products, services or information that you have chosen on the Site (subscribed service, contents of an order basket, etc.);
• To allow access to reserved and personal areas of the Site such as the account, thanks to identifiers or data possibly previously entrusted by the User;
• To implement security measures, for example when the User is asked to log in again to a content or service after a certain period of time.

How to decline cookies

If the User refuses to save cookies in his terminal, or if he deletes those saved there, the User will no longer be able to benefit from a certain number of functionalities that are nonetheless necessary to navigate in certain areas of the Site.

Such would be the case if the User attempts to access content or services that require identification.

Such would also be the case when Smoby Toys -or its providers- could not recognize, for purposes of technical compatibility, the type of browser used by the User's terminal, its language and display settings or the country from which his terminal seems connected to the Internet.

Where applicable, Smoby Toys disclaims any responsibility for the consequences related to the degraded operation of services resulting from the inability to save or view the cookies necessary for their operation and which would have been refused or deleted.

For the management of cookies and choices, the configuration of each browser is different, the user should refer to the applicable conditions.

Updating the Site

Smoby Toys may find it necessary to update or reset certain settings on the Site and its elements.

Thus, Smoby Toys reserves the right to, among other things, evolve the Site, including making available new features, or changing or removing certain features.

These updates, resets, developments are likely to temporarily prevent the User from accessing the Site and / or result in a change in the architecture of the Site and its elements, which the User expressly acknowledges, the responsibility of Smoby Toys can not be held liable in this regard.

Suspension - Removal of the Site

Smoby Toys reserves the right to hand over any contentious content to the authorities who would request it in case of violation of a legal provision.

In addition, Smoby Toys reserves the right to take legal action directly against the offending User in order to obtain compensation for any damage suffered by him as a result.

Responsibility

Except for the specific cases discussed in this article, Smoby Toys can only be held liable under the conditions of common law.

Smoby Toys can not be held responsible for the content posted by Users on the Site, the User being solely responsible for said content to the exclusion of any other person.

Smoby Toys is bound only by an obligation of means in the context of the provision of the Site and shall in no case be liable for any loss, injury, direct or indirect damage of any kind whatsoever resulting from the management, use, operation, interruption or malfunction of the Site.

The User acknowledges that Smoby Toys can indeed in no way guarantee that the Site will meet performance requirements or that it will operate without discontinuity or without bugs.

If Smoby Toys becomes aware of the existence of a malfunction or bug in relation to the Site or any of its elements, or if it is informed by a User, then Smoby Toys will make its best efforts to correct such malfunctions or bugs.

In any case, Smoby Toys can in no way be held liable for direct or indirect damages resulting from non-compliance by the User of the TOS, a malfunction of the Site or its elements, a modification or alteration of the Site by a User, or any harm that would be done to the Site or its elements.

The responsibility of Smoby Toys can not be held liable in case of occurrence of a case of force majeure. Are considered in particular as cases of force majeure: natural disaster, strike, labor disputes, state of war, earthquake, fire, explosion, intervention of government authorities, deterioration of the Internet or telephone network.

The responsibility of Smoby Toys will not be engaged in case of occurrence of a case of force majeure.

General stipulations

In the event that any provision of the TOU is declared by a court or arbitrator to be invalid, void or unenforceable, such provision shall be modified to make it as enforceable and effective as the Parties intended. If a court or arbitrator declares the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of the TOU shall not be affected.

.

The TOU constitutes the entire, complete and exclusive agreement between the Parties with respect to the use of the Site and supersedes any prior agreement or understanding, whether written or oral, having the same subject matter.

Smoby Toys reserves the right to modify, supplement or replace the stipulations of the TOU, with effect from the date of posting the new TOU on the Site, or by any other form of notification.

The fact that one of the Parties does not avail itself of a breach by the other Party, to any of the obligations referred to in the TOS, can not be interpreted for the future as a waiver of the obligation in question.

Dispute Resolution

The TOS are governed by French law.

In case of dispute on the interpretation, execution and realization of any of the stipulations of the GTU, the User will approach Smoby Toys with which he will try to find an amicable solution.

Failing an amicable settlement, the Parties may refer to the competent courts.