Terms and conditions of e-commerce Un Jeu Sans Fin

applicable from October 20, 2023

ARTICLE 1. PARTIES

These terms and conditions apply between Un Jeu Sans Fin, EURL, share capital: €8,000, RCS Bourg-en-Bresse: 922057617, registered office: 138 route de la Douane, 01220 Sauverny, France, telephone: +33675582990, email: marion@unjeusansfin.com, VAT number: FR01922057617, hereinafter “Un Jeu Sans Fin“, and any customer, registered on the Site to rent and/or purchase a Toy, hereinafter “the Customer“.

ARTICLE 2. DEFINITIONS

Customer“: any customer registered on the Site.
Site Content“: elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
Un Jeu Sans Fin“: Un Jeu Sans Fin EURL in its capacity as publisher of the Site.
Internet User“: any customer connecting to the Site.
Toy“: a set of 5 to 10 toys of one’s choice offered for rental and/or sale on the Site to Customers by Un Jeu Sans Fin.
Site“: Internet site accessible at the URL www.unjeusansfin.com, as well as sub-sites, mirror sites, portals and URL variations relating thereto.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these terms and conditions. Simply connecting to the Site, by any means whatsoever, including via a robot or browser, implies full acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
By doing so, the Internet user acknowledges that he/she is fully aware of these terms and conditions and accepts them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature by the Internet user. The Internet User acknowledges the evidential value of Un Jeu Sans Fin’s automatic recording systems and, unless he/she can provide proof to the contrary, waives the right to contest them in the event of a dispute.
These terms and conditions apply to the relationship between the parties to the exclusion of all other terms and conditions, in particular those of the Internet user.
Acceptance of these terms and conditions implies that Internet users have the necessary legal capacity to do so, or, failing this, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. DESCRIPTION OF SERVICES

4.1 Purpose of the Site

The purpose of the Site is the sale and/or rental of Toys to Customers by Un Jeu Sans Fin.

4.2. Toy rental

Un Jeu Sans Fin offers customers the possibility of renting toys for short or long periods.

4.2.1. Short-term rental

Short-term rentals range from one day to 4 weeks. In this case, the customer simply indicates the desired duration when subscribing to the rental on the Site. The conditions applicable to the rental are developed in article 5 of these general conditions.

4.2.2. Long-term rental

Long-term rentals are for at least one month. In this case, the Customer must take out a subscription on the Site. The conditions applicable to rentals are set out in article 5 of these terms and conditions.

4.2.2.1. Choosing a Subscription

In order to benefit from long-term rental, the Customer must take out a subscription with Un Jeu Sans Fin on the Site. Details of the services offered by subscription are specified on the Site.

4.2.2.2. Choice validation

When taking out a subscription, the customer must enter his billing information. The customer will then be able to check the characteristics of the chosen subscription, in particular its price and duration. If the order is suitable, it can be validated by clicking on the appropriate button on the Site.

4.2.2.3. Subscription duration

The subscription takes effect upon validation by Un Jeu Sans Fin.
The duration of the subscription is that mentioned on the Site at the time of the order.
The subscription is concluded for an indefinite period of at least one month.
At the end of the month :
– if the Customer wishes to terminate the rental, he/she must notify us no later than the expiry date via his/her personal space;
– if the Customer does not notify the end of the rental before the expiry date, the rental will be automatically renewed for a further month.
At the end of the subscription period, the customer has five working days in which to organize the return of the Toys, after which a fee will be charged.

4.2.2.4. Early termination of subscription by Un Jeu Sans Fin

In the event of a breach by the Customer of any of the stipulations of the present terms and conditions, Un Jeu Sans Fin may terminate the subscription automatically and without judicial intervention. Termination of the subscription at the Customer’s fault is without prejudice to any damages that Un Jeu Sans Fin may claim as a result of the Customer’s breach.

4.3. Toy sale

If they so wish, customers may purchase one or more Toys at a preferential “coup de coeur” price mentioned on the Site via their personal space. In this case, Un Jeu Sans Fin will send an invoice by email to the customer, who will then be redirected to the secure payment interface marked “order with payment obligation” or similar. Once payment has been received by Un Jeu Sans Fin, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum of 24 hours. Within the same timeframe, Un Jeu Sans Fin undertakes to send the Customer an e-mail summarizing the order and confirming its processing, including all related information.

ARTICLE 5. TOY RENTAL CONDITIONS

5.1. Duration – Renewal – Termination

The Toys are leased to the Customer for the period specified at the time of order.
At the end of this period, the Customer may choose :
– For subscriptions, to renew the contract, possibly adjusting the quantities and characteristics of the Toys, in which case a new subscription is concluded between the Parties;
– purchase the Toys under the conditions set out in article 4.3 of these terms and conditions;
– return the Toys to Un Jeu Sans Fin.

5.2. Termination at the Customer’s fault

In the event of non-compliance with any of the Customer’s obligations, in particular in the event of non-payment of rent on the due date or poor maintenance of the Toy, the contract may be terminated by Un Jeu Sans Fin 8 days after formal notice has been sent to the Customer without effect.
In this case, the Customer undertakes to :
– immediately pay Un Jeu Sans Fin compensation equal to the total amount of rent not yet due, plus 10%;
– Immediately return to Un Jeu Sans Fin the Toys in its possession.

5.3. Rents

Where applicable, rents are payable on presentation by Un Jeu Sans Fin of a direct debit authorization from the banking establishment indicated by the Customer. The direct debit authorization takes effect upon signature of the present contract by the Customer, who undertakes to maintain it for the entire duration indicated on the contract.

5.4. Ownership of Toys

The Toys are leased to the Customer for his or her exclusive personal use. Consequently, the Toys may not be transferred, sublet or made available to a third party.
The customer bears all risks relating to the Toys from the time of delivery for the duration of the rental period.

ARTICLE 6. DECLARATIONS AND OBLIGATIONS OF THE CUSTOMER

6.1. Compliance with the rules governing the use of Toys

The Customer declares that he/she has received from Un Jeu Sans Fin all the necessary explanations and details to enable him/her to keep and use the Toys covered by the present contract.
The Customer acknowledges that his/her needs and the Toys offered by Un Jeu Sans Fin are in adequacy and that he/she has subscribed to the contract with full knowledge of the facts and with all the necessary information to enable him/her to give free and informed consent.
The Customer undertakes to inform Un Jeu Sans Fin of any circumstances likely to affect the performance of the present contract as soon as they become aware of them.
The Customer undertakes to use the Toys in accordance with the rules indicated by Un Jeu Sans Fin. In particular, the Customer agrees to respect the following rules:

6.1.1. Special precautions for installation and storage of Toys

The Customer undertakes not to add to, remove, modify or repair the Toys, or have a third party do so, and in general not to undertake any physical action on the Toys, without the prior written consent of Un Jeu Sans Fin.
The Customer agrees to use the Toys in the condition in which they are delivered by Un Jeu Sans Fin. In particular, the Customer undertakes not to affix any labels to the Toys, not to remove any protections or covers from the Toys, and not to damage and/or write on the Toy.
Likewise, the Customer undertakes not to expose the Toys to any source of potential deterioration, such as water (unless otherwise stated in the instructions), food, mud, sand (unless otherwise stated in the instructions), strong variations in temperature, sunlight, humidity or violent shocks.
In any event, the Customer undertakes to clean the Toys before returning them to Un Jeu Sans Fin.

6.1.2. Theft, loss and damage of Toys

In the event of theft of the Toys, the Customer undertakes to immediately report the theft to the appropriate police or gendarmerie authorities and to send a copy to Un Jeu Sans Fin within 48 working hours of noticing the damage.
In the event of loss and/or damage to the Toys, the Customer undertakes to inform Un Jeu Sans Fin as soon as possible.
The Customer will continue to make rental payments unless it can be demonstrated that the theft, loss and/or deterioration of the Toys is due to Force Majeure.
Un Jeu Sans Fin undertakes to replace the Toys thus stolen, lost and/or damaged as soon as possible, at the Customer’s expense, unless it can be demonstrated that the theft, loss and/or damage of the Toys is due to Force Majeure.
In the event of loss of the Toy, Un Jeu Sans Fin will be obliged to invoice the Customer for the Toy at the “coup de cœur” rate indicated on the Toy’s sheet. This amount will be added to the price of the rent paid by the Customer using the same method of payment, which the Customer expressly accepts.

6.2. Authorizations and declarations

The Customer is solely responsible for authorizations and declarations relating to the storage and use of the Toys.
The Customer declares that he/she has the necessary rights and authorizations for this purpose. Where applicable, the Customer declares that he has taken all necessary steps in advance, such as requesting administrative authorizations and declarations.
Failure to comply with such declarations and authorizations shall under no circumstances call into question the validity of the present contract. In particular, the Customer remains obliged to pay Un Jeu Sans Fin for the Toys ordered.
The Customer guarantees Un Jeu Sans Fin against any recourse that may be taken against it in the event of failure to provide such declarations and authorizations.

6.3. Toy care

The Customer acknowledges that all costs associated with the maintenance, care and use of the Toys are the sole responsibility of the Customer.
The Customer undertakes to maintain the Toys in perfect working order and condition, in particular by complying with the rules of use and maintenance laid down by Un Jeu Sans Fin.
Some Toys do not have a packaging box, or certain parts that are not essential to the Toy may be missing. Instead, Un Jeu Sans Fin offers its own pouches and/or bags.
To limit the loss of elements, Un Jeu Sans Fin may remove small parts that are not essential to the Toy or that are in several copies in the Toy.

6.4. Return of Toys

The Customer undertakes to return the Toys and the packaging provided by Un Jeu Sans Fin (pouch and/or bag in the colors of Un Jeu Sans Fin and Play&Go branded bag) within 5 days of the end of the rental period. Any new shipment of Toys can only take place once the Customer has returned to Un Jeu Sans Fin the Toys from the previous rental, accompanied by all accessories, instructions and packaging.
In the event of non-return of the Toy by the Customer, Un Jeu Sans Fin will be obliged to invoice the Customer for the Toy at the “coup de cœur” rate indicated on the Toy sheet. This amount will be added to the rental price paid by the Customer using the same method of payment, which the Customer expressly accepts.

ARTICLE 7. PRICE – PAYMENT

7.1. Prices

The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by Un Jeu Sans Fin for any subsequent order. The prices displayed are valid only on the day of the order and have no effect for the future.
Prices shown on the Site are in euros and Swiss francs, inclusive of all taxes and delivery charges.

7.2. Terms of payment

Customers may pay by credit card. Credit card payments are made using secure transactions provided by BNP Paribas.
In the case of credit card payments, Un Jeu Sans Fin has no access to any data relating to the Customer’s means of payment. Payment is made directly to the bank.

7.3. Billing

Un Jeu Sans Fin will send or make available to the Customer an electronic invoice after each payment. The Customer expressly agrees to receive invoices electronically.

7.4. Default of payment

Agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
In any event, any delay in payment will result in the possibility of unilaterally terminating the contract to the detriment of the Customer.

7.5. Reservation of property

Toys sold remain the property of Un Jeu Sans Fin until full payment of their price, in accordance with the present retention of title clause.

ARTICLE 8. CLAIMS – WITHDRAWAL – WARRANTY

8.1. Customer service

The Site’s customer service department can be reached Monday to Friday from 9am to 5pm on the following toll-free telephone number: 0675582990, by e-mail at: contact@unjeusansfin.com or by post at the address indicated in article 1 of these terms and conditions. In the latter two cases, Un Jeu Sans Fin undertakes to respond within 2 working days.

8.2. Right of withdrawal – Distance selling

8.2.1. Conditions for exercising the right of withdrawal

In accordance with current legislation on distance selling, the Customer has a period of fourteen clear days in which to exercise his right of withdrawal without having to justify his decision or pay any penalties, with the exception, where applicable, of the cost of returning the goods.
The period mentioned in the previous paragraph runs from receipt of the goods by the Customer or a third party, other than the carrier, designated by the Customer, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods to be delivered separately, or in the case of an order for a good made up of multiple lots or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, lot or part. For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
If the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
The decision to withdraw from the contract must be notified to Un Jeu Sans Fin by means of an unambiguous statement to the address given in article 1 of these terms and conditions. The Customer may, for example, use the standard form provided at the end of these terms and conditions. In any event, Un Jeu Sans Fin will send the Customer an acknowledgement of receipt of the said withdrawal by e-mail as soon as possible.

8.2.2. Effects of the right of withdrawal

The Customer shall return or restitute the Toys to the Professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw.
When the right of withdrawal is exercised, the professional is obliged to reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. Where applicable, the Professional may defer reimbursement until the Toys have been recovered or until the Customer has provided proof of shipment of the Toys, whichever is the sooner. Thereafter, the sum due shall automatically bear interest at the legal rate in force, as specified in article L. 242-4 of the French Consumer Code.
Where applicable, the Professional will make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the refund does not incur any costs for the Customer. However, the Professional is not obliged to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard one offered.
The direct cost of returning the Toy is borne by the Customer. 
The Customer is only liable for the depreciation of the Toy resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Toy.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these terms and conditions.

8.2.3. Exclusions from the right of withdrawal

The right of withdrawal does not apply, in particular, to contracts :
– the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement by the Customer and express waiver of his right of withdrawal ;
– accommodation services, other than residential accommodation, transport of goods, car rental, catering or leisure activities which must be provided on a specific date or at a specific time.
Similarly, the right of withdrawal does not apply to contracts that have been fully executed by both parties at the express request of the Customer before the latter exercises his right of withdrawal.
When validating the order for a service, the Customer’s waiver of the right of withdrawal will be indicated by ticking the box corresponding to the following sentence: “I expressly waive my 14-day right of withdrawal for the services I will receive before the end of this period”. The Customer will then receive confirmation by e-mail of his or her waiver of the right of withdrawal.
Customers who have exercised their right to withdraw from a contract for the provision of services, the performance of which has begun, at their express request, before the end of the withdrawal period, shall pay the professional an amount corresponding to the service provided until the communication of their decision to withdraw, this amount being proportional to the total price of the service agreed in the contract.

8.3. Cancellation of the contract at the customer’s initiative

The Customer may cancel the contract by registered letter with acknowledgement of receipt if the delivery date is exceeded. In this case, the customer will be reimbursed for any sums paid at the time of ordering.
The present clause is not intended to apply if the delay in delivery is due to force majeure. In such a case, the Customer undertakes not to take any legal action against Un Jeu Sans Fin and waives the right to cancel the sale as provided for in the present article.

8.4. Warranties

8.4.1. Warranty for apparent defects

It is the Customer’s responsibility to check that the Toys are in good condition at the time of delivery. This check must include the quality, quantities and references of the Toys, as well as their conformity with the order. No claim will be taken into account after a period of three days from delivery. In any event, any complaint concerning the delivered packages will only be taken into account if the Customer, in his capacity as a retailer, has expressed reservations to the carrier in accordance with articles L. 133-3 et seq. of the French Commercial Code.

8.4.2. Warranty for hidden defects

8.4.2.1. Legal warranties

Customers benefit from a legal guarantee of delivery in conformity (article 1604 of the French Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the French Civil Code) and a safety guarantee (articles 1245 et seq. of the French Civil Code).
Customers who are consumers also benefit from a legal guarantee of conformity (articles L. 217-4 et seq. of the French Consumer Code).

LEGAL TEXTS RELATING TO WARRANTIES

Article L. 217-4 of the French Consumer Code

The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.

Article L. 217-5 of the French Consumer Code

The good conforms to the contract:

If it is fit for the purpose normally expected of similar goods and, where applicable :
– if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
Or if it has the characteristics defined by mutual agreement between the parties, or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L. 217-7 Consumer Code

Defects in conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed.

Article L. 217-8 Consumer Code

The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials supplied by the buyer.

Article L. 217-9 Consumer Code

In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer’s choice if this choice would entail a cost that would be manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the purchaser.

Article L. 217-10 of the French Consumer Code

If repair and replacement of the good are impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is available to him:

1° If the solution requested, proposed or agreed under article L. 217-9 cannot be implemented within one month of the buyer’s complaint;

2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and their intended use.
However, the sale may not be rescinded if the lack of conformity is minor.

Article L.217-11 of the French Consumer Code

The application of the provisions of articles L. 217-9 and L. 217-10 is free of charge for the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12 of the French Consumer Code

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L. 217-16 of the French Consumer Code

When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the purchaser’s request for intervention, or from the date the item in question is made available for repair, if the item is made available after the request for intervention.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold, which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1643 of the French Civil Code

He is liable for hidden defects, even if he is unaware of them, unless, in this case, he has stipulated that he will not be bound by any warranty.

Article 1644 of the French Civil Code

In the case of articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded.

Article 1648 paragraph 1 of the French Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

 

8.4.2.2. Return

In order to activate the guarantee, it is up to the Customer to return the Toys to Un Jeu Sans Fin’s head office, accompanied by an explanatory letter requesting either repair, exchange or reimbursement.
Toys must be returned in their original packaging, complete.
The cost of returning the Toy remains at the Customer’s expense, except for consumer Customers making use of the guarantee of conformity set out in Articles L. 217-4 et seq. of the French Consumer Code.

For sales of Toys, the consumer customer has a period of 2 years from delivery of the good to take action against the seller. In this respect, he may choose between repairing or replacing the Toy, subject to the cost conditions stipulated in article L.217-9 of the French Consumer Code. Lastly, the customer is exempt from having to prove the existence of a defect in the Toy’s conformity during the 24 months following delivery of the Toy, except in the case of second-hand goods.

Where applicable, the legal warranty of conformity applies independently of the commercial warranty.

When the consumer customer decides to invoke the warranty for latent defects, he may choose between rescission of the sale or a reduction in the sale price.

ARTICLE 9. MY ACCOUNT AREA

9.1. Creating an account

The creation of an account is a prerequisite to any order placed by an Internet user on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. Refusal by an Internet user to provide such information will prevent the creation of the personal space and, incidentally, the validation of the order.
When creating a personal space, the Internet user is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The Internet User is therefore prohibited from transmitting or communicating it to a third party. Failing this, Un Jeu Sans Fin cannot be held responsible for unauthorized access to an Internet user’s personal space.
The Customer undertakes to regularly check the data concerning him or her and to make any necessary updates and modifications online from his or her personal space.

9.2 Contents of the user account area

The personal area enables the Customer to consult and track all orders placed on the Site, manage payment methods, gift cards, subscriptions, change formulas, stop rentals and purchase Toys.
Pages relating to personal areas are freely printable by the account holder in question, but in no way constitute evidence admissible in a court of law. They are for information purposes only and are intended to ensure the efficient management of the Customer’s orders.
Un Jeu Sans Fin undertakes to keep securely all contractual elements whose retention is required by the law or regulations in force.

9.3. Deleting your private account

Un Jeu Sans Fin reserves the right to delete the account of any Customer who contravenes the present terms and conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when a Customer’s personal space has remained inactive for at least one year. Such deletion shall not constitute a fault on the part of Un Jeu Sans Fin or a loss for the excluded Customer, who shall not be entitled to claim any compensation as a result.
This exclusion is without prejudice to the possibility for Un Jeu Sans Fin to take legal action against the Customer, when justified by the facts.

ARTICLE 10. SHIPPING

10.1. Shipping costs

Delivery charges will in any case be indicated to the Customer before any payment is made, and concern only deliveries made in mainland France, including Corsica, and part of Switzerland (complete list of Swiss locations here). For all other delivery locations, it is the Customer’s responsibility to contact customer service.

Delivery charges shown on the Site are in euros, all taxes included.

10.2. Shipping delay

Orders are delivered by a carrier which will be indicated to the Customer at the time of the order within a period also indicated at the time of the order and which will start from the time of the order.
Certain toys or certain order volumes may nevertheless justify a longer delivery time. This will be expressly mentioned to the Customer when the order is validated.

10.3 Damaged parcel

In the event of delivery of an obviously and visibly damaged parcel, it is the Customer’s responsibility to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the Vendor without delay, so that a new parcel can be prepared and dispatched as soon as the damaged parcel is received. In such a case, the delivery times indicated above in these terms and conditions will no longer apply.

ARTICLE 11. PERSONAL DATA

As part of its services, Un Jeu Sans Fin will be required to process personal data about its Customers.

11.1 Identity of the data controller

The person responsible for data collection and processing on the Site is Un Jeu Sans Fin.

11.2. Collected data

11.2.1. Data collected from customers

As part of its contractual relations, Un Jeu Sans Fin may collect and process information about its customers, namely: surnames, first names, telephone numbers, postal addresses, e-mail addresses, and contract history.

11.2.2. Purposes of personal data collection

Data collected during the contractual relationship is processed automatically for the purpose of :
– fulfilling contractual commitments
– contact customers;
– prevent any illicit or illegal activity;
– enforce compliance with general terms and conditions;
– to initiate legal proceedings;
– verify Customer identity;

11.2.3. Legal basis for processing

The legal basis for the data collected is a contractual relationship.

11.2.4. Data recipients

The data collected may only be consulted by Un Jeu Sans Fin within the limits strictly necessary for the execution of contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by any third party.

11.2.5. Retention period for personal data

The personal data collected is kept for the duration of the contractual relationship, and for the time during which Un Jeu Sans Fin may be held liable.
Once the retention period has expired, Un Jeu Sans Fin undertakes to permanently delete the data of the persons concerned without keeping a copy.

11.2.6. Security and confidentiality of personal data

Personal data is stored in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and national legislation in force.
Access to Un Jeu Sans Fin’s premises is also secure.

11.2.7. Data minimization

Un Jeu Sans Fin may also collect and process any data voluntarily transmitted by its Customers.
Un Jeu Sans Fin directs its customers to provide personal data strictly necessary for the execution of contractual commitments.
Un Jeu Sans Fin undertakes to keep and process only data that is strictly necessary for its professional activities, and will delete any data received that is not useful for its activities as soon as possible.

11.3 Respecting rights

Customers of Un Jeu Sans Fin have the following rights concerning their personal data, which they may exercise by writing to the postal address of Un Jeu Sans Fin or by completing the online contact form.

11.3.1. Right to information, access and communication of data

Customers of Un Jeu Sans Fin have the right to access their personal data.
Due to Un Jeu Sans Fin’s obligation of security and confidentiality in the processing of personal data, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the case of a request via the dedicated electronic form) or a signed photocopy of their valid identity document (in the case of a request sent in writing), both accompanied by the words “I certify on my honour that the copy of this identity document is in conformity with the original. Done at … on …”, followed by their signature.
To help them with their request, customers can find here a sample letter drawn up by the Cnil.

11.3.2. Right to rectify, delete and forget data

Customers of Un Jeu Sans Fin may request the rectification, updating, blocking or deletion of their personal data, which may be inaccurate, erroneous, incomplete or obsolete.
Un Jeu Sans Fin customers may also define general and specific directives concerning the fate of their personal data after their death. Where applicable, the heirs of a deceased person may request that the death of their loved one be taken into consideration and/or that the necessary updates be made.
To assist them in this process, customers will find here a model letter drawn up by the Cnil.

11.3.3. Right to object to data processing

Customers of Un Jeu Sans Fin may object to the processing of their personal data.
To help them in this process, customers will find here a model letter drawn up by the Cnil.

11.3.4. Right to data portability

Customers of Un Jeu Sans Fin are entitled to receive the personal data they have provided to Un Jeu Sans Fin in a transferable, open and readable format.

11.3.5. Right to limit processing

Customers of Un Jeu Sans Fin have the right to request that the processing of their personal data by Un Jeu Sans Fin be limited. In this way, their data can only be stored and no longer used by Un Jeu Sans Fin.

11.3.6. Response times

Un Jeu Sans Fin undertakes to respond to any request for access, rectification or opposition or any other additional request for information within a reasonable period of time, which may not exceed 1 month from receipt of the request.

11.3.7. Complaints to the competent authority

If Customers of Un Jeu Sans Fin consider that Un Jeu Sans Fin is not complying with its obligations with regard to their personal data, they may submit a complaint or a request to the competent authority. In France, the competent authority is the Cnil, to which they can send a request here.

11.4. Transfer of collected data

11.4.1. Transfer to partners

Un Jeu Sans Fin uses authorized service providers to facilitate the collection and processing of Customer data. These service providers may be located outside the European Union.
Un Jeu Sans Fin has first ensured that its service providers provide adequate guarantees and comply with strict conditions in terms of confidentiality, usage and data protection.
Un Jeu Sans Fin uses the services of the following subcontractors:

Subcontractor directory

PartnerDestination countryTreatment performedWarranties
02SwitchFranceWebsite hosting. https://www.o2switch.fr/du-rgpd.pdf
Sosyal SASFranceIT service provider.Contrat de sous-traitance.
Google AnalyticsUSAElaboration of commercial statistics to generate reports on Internet users' interactions. https://policies.google.com/privacy?hl=fr
Google AdwordsUSAService that allows advertisers to buy ads or banners, https://policies.google.com/privacy?hl=fr
InstagramUSAManage people's opinions on products, services or content. https://about.instagram.com/fr-fr/blog/announcements/instagram-community-data-policy
FacebookUSAManage people's opinions on products, services or content. https://www.facebook.com/privacy/policy/?entry_point=data_policy_redirect&entry=0
Facebook Ads ManagerUSAService dedicated to managing all your advertising activities on Facebook and Instagram. https://www.facebook.com/privacy/policy/?entry_point=data_policy_redirect&entry=0

11.4.2. Transfer on requisition or court order

Customers also consent to Un Jeu Sans Fin disclosing the data collected to any person, upon request by a state authority or court order.

11.4.3. Transfer in connection with a merger or acquisition

If Un Jeu Sans Fin is involved in a merger, sale of assets, financing operation, liquidation or bankruptcy or in an acquisition of all or part of its business by another company, Customers consent to the data collected being transmitted by Un Jeu Sans Fin to that company and to that company carrying out the processing of personal data referred to in these Terms and Conditions of Service in place of Un Jeu Sans Fin.

ARTICLE 12. LIABILITY OF UN JEU SANS FIN

12.1. Nature of Un Jeu Sans Fin’s obligations

Un Jeu Sans Fin undertakes to take the necessary care and diligence to supply quality Toys in accordance with the specifications of the present Terms and Conditions. Un Jeu Sans Fin is only responsible for an obligation of means concerning the services object of the present.

12.2. Force majeure – Customer’s fault

Un Jeu Sans Fin shall not be held liable in the event of force majeure or fault on the part of the Customer, as defined in the present article:

12.2.1. Force majeure

For the purposes of these terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, transmission network failure, collapse of installations, shall be deemed to be a case of force majeure enforceable against the Customer, unlawful or fraudulent use of passwords, codes or credentials provided to the Customer, computer hacking, a security breach attributable to the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of Un Jeu Sans Fin. In such circumstances, Un Jeu Sans Fin shall be excused from performing its obligations to the extent of such impediment, limitation or disruption.

12.2.2. Customer’s fault

For the purposes of the present General Terms and Conditions, any misuse of the Service, fault, negligence, omission or default on the part of the Customer or his agents, failure to comply with the advice given by Un Jeu Sans Fin on its Site, failure to comply with the game rules supplied with the Toys, any disclosure or illicit use of the Customer’s password, codes and references, as well as the provision of erroneous information or failure to update such information in the Customer’s personal space, shall be deemed to constitute a fault on the part of the Customer. The use of any technical process, such as robots or automatic requests, whose implementation contravenes the letter or spirit of these general terms and conditions of sale, will also be considered a fault on the part of the Customer.

12.3. Technical problems – Hypertext links

In the event of unavailability of the Site due to technical problems of any kind, the Customer shall not be entitled to claim any damages or compensation. The unavailability of one or more online services, even for a prolonged period and without any time limit, shall not constitute a prejudice for Customers and shall not in any way give rise to the awarding of damages by Un Jeu Sans Fin.
Hypertext links on the Site may lead to other websites. Un Jeu Sans Fin cannot be held responsible if the content of these sites contravenes current legislation. Similarly, Un Jeu Sans Fin may not be held liable if the Internet user’s visit to one of these sites causes him or her harm.
Given the current state of the art, the rendering of representations of the Toys offered for rental on this Site, particularly in terms of color or shape, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or the display resolution. Un Jeu Sans Fin cannot be held responsible for these variations and differences under any circumstances.

12.4. Damages payable by Un Jeu Sans Fin

In the absence of legal or regulatory provisions to the contrary, the liability of Un Jeu Sans Fin is limited to the direct, personal and certain loss suffered by the Customer and linked to the failure in question. Under no circumstances may Un Jeu Sans Fin be held liable for indirect damages such as, in particular, loss of data, commercial prejudice, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Likewise, and within the same limits, the amount of damages for which Un Jeu Sans Fin is liable may not in any event exceed the price of the Toy ordered.

12.5. Hypertext links and Site content

The Site Content is published for information purposes only, without any guarantee of accuracy. Un Jeu Sans Fin cannot under any circumstances be held responsible for any omission, inaccuracy or error contained in this information, which may cause direct or indirect damage to the Internet user.

ARTICLE 13. INTELLECTUAL PROPERTY

13.1. Legal protection of Site Content

The Site Content may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of Un Jeu Sans Fin or its successors or assigns constitutes a violation of Books I and III of the French Intellectual Property Code and may give rise to legal proceedings for counterfeiting.

13.2. Contractual protection of Site Content

The Internet user contractually undertakes to Un Jeu Sans Fin not to use, reproduce or represent, in any way whatsoever, the Site Content, whether or not it is protected by an intellectual property right, for any purpose other than for reading by a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the Site Content for indexing purposes.

ARTICLE 14. FINAL STIPULATIONS

14.1 Applicable law

These terms and conditions are governed by French law, subject to any mandatory rules of the Customer’s country of residence.

14.2. Modifications to these general terms and conditions

These terms and conditions may be modified at any time by Un Jeu Sans Fin. The general terms and conditions applicable to the Customer are those in force on the day of his/her order or connection to the present Site. Any new connection to the personal space implies acceptance of the new general terms and conditions.

14.3. Disputes

Pursuant to Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in connection with the performance of these general terms and conditions and for which no amicable solution has previously been found between the parties can be submitted to the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C). In the event of a dispute, you can submit your complaint on its website: www.cm2c.net or by post by writing to 49 Rue de Ponthieu, 75008 Paris.
You can use the mediation service for consumer disputes relating to an order placed on the Internet.
Finally, please note that mediation is not compulsory, but is offered solely as a means of resolving disputes without recourse to the courts. If this mediation procedure fails or if the Customer wishes to take the matter to court, the rules of the Code of Civil Procedure will apply.
The Customer may also contact the dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

14.4 Integrity

The nullity of one of the clauses of the present contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the nullified stipulation by a valid stipulation corresponding to the spirit and purpose of the present contract.

14.5. Non-waiver

Un Jeu Sans Fin’s failure to exercise its rights hereunder shall in no event be construed as a waiver of said rights.

14.6. Phone solicitation

The customer is informed that he/she may register on the telephone anti-solicitation list at http://www.bloctel.gouv.fr/.

14.7. Languages of these general terms and conditions

These terms and conditions are available in English, translated from French.

14.8. Unfair terms

The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.

HOW TO CANCEL AN ORDER IN THE CASE OF DISTANCE SELLING TO A CUSTOMER

In the case of distance selling, the customer may cancel the order or commitment to purchase within fourteen days, including public holidays, by registered letter with acknowledgement of receipt. If this period normally expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
Any clause in the contract by which the customer waives his right to renounce his order or purchase commitment is null and void. 

If you are exercising your right to withdraw from your order, you can use the detachable form opposite.

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CANCELLATION OF ORDER

Conditions :
∗ complete and sign this form
∗ use the address given in article 1
∗ send it no later than the fourteenth day from the date of the order or, if this period normally expires on a Saturday, Sunday or public holiday, on the next working day.

I, the undersigned, hereby cancel the following order:

∗ Type of goods or services ordered:……………………………………………………….

……………………………………………………………………………………………………………………………………

∗ Date of order:…………………………………………………………………………………………………

∗ Date order received: ……………………………………………………………………………..

∗ Customer name: …………………………………………………………………………………………………………..

∗ Customer address: ………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………

Customer signature :

Date: