Terms of sale


1. PREAMBLE

The following terms of use set forth the rights and obligations of the vendor, Smarty le Rat, and individuals purchasing merchandise on the website www.smartylerat.com (hereafter referred to simply as “the website”). These terms apply exclusively to our company, Smarty le Rat, located at 11 rue du Clos Courtel, CS 30817, 35708 RENNES CEDEX 7, France, registered under Siret No. 790 028 443 00014 (hereafter referred to variously as “Smarty le Rat”, the merchant, and the seller) and any consumer (physical person) who has visited the website and made a purchase on it (hereafter referred to as the “customer” or “customers”).

The Smarty le Rat website is designed for online purchases of Smarty le Rat brand products (hereafter referred to as “products”), in accordance with the General Terms of Use.

The prerequisite for any purchase order placed with Smarty le Rat is full acceptance by the customer of the following Terms of Use. These terms may be altered and/or updated at any time without notification. Terms applicable to a sale are those that were in place on the purchase date.

The following General Terms of Use are permanently available on this website in printable and downloadable form so that customers and interested parties may save them or copy them.

2. PRODUCTS AND COMPLIANCE

2.1 Products for sale on this website are described in detail and illustrated with one or more photos.

2.2 Smarty le Rat products comply with the standards of France trade laws and rules.

Customers agree that elements such as photographs, texts, graphics, as well as all technical specifications provided to describe the merchandise are non-binding. Consequently, the Smarty le Rat company cannot be held liable for any error or omission in any of the elements or in the event of modification of said descriptive elements by the suppliers and/or publishers.

3. CUSTOMERS’ OBLIGATIONS

3.1. Customers declare that they are at least eighteen (18) years of age and have the legal right, or have parental authorisation, to complete their purchase on this website.

3.2. Customers agree to communicate to the Smarty le Rat company the exact and necessary information for the shipping and the delivery of the merchandise purchased on the website, particularly: personal name, address, telephone, and valid e-mail address. Customers are responsible for any consequences resulting from giving erroneous, inexact, or false information, or information that would be illicit to use.

3.3. Once a purchase order has been placed, the Smarty le Rat company will inform customers via e-mail that their purchase orders are being processed and will indicate the anticipated delivery date.

3.4. Customers can change and update their personal information in the “My Account” space.

4. PLACING A PURCHASE ORDER

4.1. A purchase order is only valid after receipt of notification of payment.

4.2. Smarty le Rat reserves the right to cancel or to refuse to take an order in the event of previous litigation with a customer.

4.3. The Smarty le Rat company cannot process purchase orders if a product is not in stock. The company shall immediately inform the customer as to whether the product is available or not upon selection of the item for purchase on the website.

If, despite the Smarty le Rat Company’s efforts, a product is not available, the company will inform the customer via e-mail as soon as it possibly can. The customer will then be allowed to cancel the order; in that event, the customer will be fully reimbursed of the payment for the unfulfilled purchase.

Smarty le Rat cannot be held liable for the temporary or definitive unavailability of a product, nor can customers make any claims for financial compensation, damages, or accumulated interest.

5. PRICES

5.1. The prices listed on the website are in euro and include value added tax (VAT) and any other applicable taxes. Published prices do not include packing or shipping costs.

Packing and shipping costs appear in customers’ online shopping cart prior to final confirmation of their purchase.

Prices are subject to change at any moment with no prior notification, particularly as regards changes to fiscal or economic details. Purchased merchandise will be invoiced on the basis of published rates on the date the order is recorded.

6. SHIPPING AND DELIVERY

6.1. Smarty le Rat expedites its articles to all points in France and the European Union. It may, upon request, deliver to any other country in the world.

The products are expedited to the address the customer has indicated in the online purchase order. Delivery will not be made to hotels or post office boxes. Approximate delivery times indicated on the website are average delivery times. For delivery within these reasonable times, customers must have provided accurate and complete information on the delivery address (e.g. recipient’s name, street address, building designation, stairwell, access code, names and/or numbers on an intercom, etc.).

In the event that a delivery is seven (7) days overdue, and if the parcel has not already been shipped, the customer may cancel the purchase order by sending a registered letter to request reimbursement.

If, however, the article(s) shipped prior to reception of the letter of cancellation due to non-delivery past seven (7) days, Smarty le Rat will offer to reimburse the article and fees for returning the purchase, which must be in its original, unopened packaging, and with all of its labels in place.

Smarty le Rat shall keep customers informed of each step in the processing of customers’ orders.

In the event of a damaged parcel (ripped or otherwise opened by a third party, missing items, etc.), the customer shall notify the delivery company as well as Smarty le Rat, by any available means, within three (3) days of receiving the parcel.

Smarty le Rat cannot be held responsible for incidents occurring as a result of delays in shipping beyond its control.

7. PAYMENT

Full payment must be received when placing a purchase order. At no time can the amount paid be considered as a down payment or a deposit. Customers may pay using their bank cards (Visa, Eurocard/Mastercard), by Paypal, by bank cheque, or by electronic transfer, in accordance with the following stipulations in this article.

For any transaction, customers will indicate the number appearing on the back of their bank card, the expiration date of the card, and the three-digit cryptogram on the back of the bank card.

In disclosing full bank card information for payment, the customer authorizes Smarty le Rat to debit the customer’s bank account for the amount of the sale.

No cash with order, regardless of the nature, will be accepted.

Smarty le Rat owns the item until the moment the buyer makes full payment for the merchandise. Purchases are made via a secured Internet platform. Smarty le Rat has chosen 100% secure payment facilities. For bank card payments, all the personal details that the customer communicates to Smarty le Rat are strictly protected and guaranteed total security and confidentiality for each transaction.

8. EXCHANGES AND RETURNING PURCHASED ITEM(S)

RIGHT OF RETRACTION:

Customers have up to fourteen (14) days from receipt of their purchase to request an exchange or to return a purchased item. To do this, customers need only send their request via e-mail to: contact@smartylerat.com.

If a customer’s request to return the merchandise is approved by Smarty le Rat, and the customer has paid the shipping fees, Smarty le Rat will send a preaddressed, prepaid postage, printable form for return of the merchandise to Smarty le Rat (limited to metropolitan France) or will reimburse incurred shipping charges (for customers outside of metropolitan France). On the other hand, if the customer had free shipping, the customer will pay the shipping fees for returning the merchandise.

Returns and exchanges are at the customer’s risk. The purchased merchandise must be returned within one week in its original packing, intact, new, never worn, used, handled, or washed, accompanied by the duly completed return form to the following address: Smarty le rat
11 rue du Clos Courtel
CS 30817
35708 RENNES CEDEX 7
France

If the customer does not return purchased item(s) within one week of receiving the prepaid postage label, the return will be cancelled and the customer will have to keep the item(s).

Returned item(s) will be reimbursed within thirty (30) calendar days following reception by Smarty le Rat. The customer’s bank account will be credited for the purchase.

Customers are liable for the cost of returning merchandise except in cases where Smarty le Rat has delivered damaged goods, has mistakenly delivered the wrong item(s), or if the customer did not get free delivery during the initial shipment.

Smarty le Rat cannot make any reimbursements on purchased items unless the customer has respected all the above conditions, particularly the conditions for returns and exchanges.

9. GUARANTIES AND LIABILITIES

Smarty le Rat has a best effort obligation to enable customers’ access to the website, to process their orders, to expedite parcels in a timely fashion, and to offer follow-up services. Smarty le Rat cannot be held responsible for any damages due to Internet usage, particularly interruption of service, intrusion by an outsider, computer viruses, or any circumstances constituting force majeure (cf. Article 12), as defined and established by French law and jurisprudence.

10. INTELLECTUAL PROPERTY

Customers are not allowed under any circumstances to download or modify any part of the website, particularly its content (listed products, descriptions, images, videos, etc.).

This website, or any portion of this website, may not in any circumstance be reproduced, copied, sold, or exploited for any business purposes without prior written consent from the Smarty le Rat company.

Generally speaking, Smarty le Rat retains full right to all the copyrights, brand, and other distinctive signs, ownership rights, and/or intellectual property rights that appear on or are related to the website.

Customers are required to respect all intellection property rights and cannot in any case use the brands appearing in the website and on the merchandise. Nor can customers register the brand names to the detriment of the owners of these rights without prior contracted agreement. All standard rules for intellectual property apply.

11. PERSONAL DATA

Smarty le Rat guarantees the confidentiality of customers’ data in the operation of its website.

C

ustomers recognize that their personal data is solely used for the computerized processing of their purchases on the Smarty le Rat website. Given this, customers’ personal details will be communicated to technical service providers selected by Smarty le Rat to satisfy customers’ demands.

Furthermore, Smarty le Rat may resort to technical means to obtain non-personal information about visitors to its website in order to improve the site’s functions by, for example, tracing the number of visitors on certain pages.

In compliance with France’s 6 January 1978 law, updated on 6 August 2004, customers may access, view, and update their personal data in the Smarty le Rat files. Requests should be addressed by e-mail to contact@smartylerat.com or by post to: Smarty le Rat, 11 rue du Clos Courtel, CS 30817, 35708 RENNES CEDEX 7, France.

Our computerized processing of digital data was registered with France’s Commission Nationale de l’Informatique et des Libertés (CNIL) under the number 1799532 on the date of October 3rd, 2014.

12. FORCE MAJEURE

In the event of a case of force majeure, the concerned party should inform the other party by registered letter, within fifteen (15) calendar days from the date the event occurred.

Cases of force majeure include but are not limited to those generally defined by jurisprudence and court cases in French courts: general or partial strikes, lockouts, riots, boycotts, commercial lawsuits, actions of any industrial nature, civil unrest, insurrection, war, bad weather, epidemics, blocked roads or transport that prevent delivery of supplies, earthquakes, fires, storms, flooding, water leaks, governmental or legal restrictions, legal or regulatory modifications affecting forms of commercialisation, computer breakdowns, blockage of telecommunications including networks maintained by telecommunication operators by cable and by air, and any other case beyond the control of the parties that might prevent satisfying contractual obligations.

During the entire event, both parties’ obligations will be suspended and no indemnities may be applied. If a case of force majeur exceeds three (3) months, the concerned contract will be terminated and no indemnities will be applicable to either party.

13. GENERAL PROVISIONS

13.1. PARTIAL INVALIDITY OF A CLAUSE

If any of the stipulations in these general terms of use is nullified by a competent court, it will be considered erased but will not result in the nullification of the other stipulations.

13.2. ACTUALISATION

Smarty le Rat reserves the right to modify its terms of use at any moment without prior notice. Applicable terms are those in effect on the date of a customer’s purchase.

Current terms of use and sale are permanently accessible at the following URL: http://www.smartylerat.com/terms-of-use. General terms of use are available for website users in digital format for printing and/or downloading.

13.3. APPLICABLE LAW – COMPETENT COURTS

These terms of use are determined by French law which outlines the fundamental rules as well as specific rules. Litigation must first be preceded by an initial attempt to reach an out-of-court settlement. If none can be reached, litigation should be submitted to the competent court within the French judicial system, notwithstanding plurality of defenders and/or appeal in guaranty.

13.4. REPRODUCTION OF APPLICABLE ARTICLES (Ordonnance 2005-136, date 17 February 2005, published in France’s corpus of consumer law, Code de la Consommation, Code Civil)

Note: The following English translations of French law are for informational purposes only. (Source material in English is provided by the French government website Legisfrance: http://www.legifrance.gouv.fr/Traductions/en-English/Legifrance-translations)

Article L. 211-4 of France’s Consumer Code

“The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.”

Article L. 211-5 of France’s Consumer Code

“To conform to the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to. NB: Order 2005-136 2005-02-17 Article 5: The provisions of the present order shall apply to contracts concluded subsequent to its entry into force.”

Article L. 211-12 of France’s Consumer Code

“Action resulting from lack of conformity lapses two years after delivery of the product.”

Article 1641 of France’s Civil Code

“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”

Article 1648, §1, France’s Civil Code

“An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.”

To contact Smarty le Rat directly, send an e-mail to contact@smartylerat.com

When searching for Smarty le Rat on the Internet, you can use the following key words:

Protector of children – gifts for newborns – infants – plush toys – stuffed toys – cuddle toys – baby safe – bags – book bags – security toys – educational books – children’s books – children’s accessories – children’s decorative items – 100% organic – 100% Made in France – educational stories – phone application – educational application – educational app – Violetta the Cow – Woolly the Sheep – Eddy the Lion

To locate or view Smarty le Rat articles on the Internet, you can go to:

French stuffed toys : http://smartylerat.com/the-smarty-shop/item/plush-smarty
Children’s paintings: http://smartylerat.com/the-smarty-shop/item/canvas-eddy-close-up
Children’s backpacks: http://smartylerat.com/the-smarty-shop/categories/fashion
Children’s books: http://smartylerat.com/the-smarty-shop/item/book-smarty-le-rat