Our General Conditions of Sale

1.1 Operation of the Platform

The Cartoon Toi web platform, accessible at the URL www.cartoontoi.fr (the “Platform”), is published by Quentin Marais, individual entrepreneur, located at 15 Boulevard de Charonne, 75011 Paris, France.

1.2 Contact

The Founder can be contacted at the following coordinates:

• By email: hello[at]cartoontoi.fr
• By mail: 15 Boulevard de Charonne, 75011 Paris, France

1.3 Accommodation

The Platform is hosted by GoDaddy.com, Inc, located at 14455 N. Hayden Rd. #219,, Scottsdale, 85260, US.

1.4 Publication Director

The publication director of the Platform is Mr. Quentin Marais.

1.5 General Conditions of Sale (GCS)

These general terms and conditions of sale (or “GTC”) are made available to any user on the Platform where they can be consulted directly and can also be communicated to them upon simple request by any means.

1.6 Acceptance of the T&Cs

The General Terms and Conditions are binding on the customer who acknowledges, by checking a box provided for this purpose, having read and accepted them before placing an order.

1.7 Order Confirmation

The T&Cs are also systematically sent with any order confirmation sent to the Customer by the Founder.

1.8 Validity of the T&Cs

Any user is deemed to have read and accepted without reservation all of the provisions of the T&Cs.

2. Purpose of the general conditions

2.1 Purpose

These T&Cs define the conditions under which Cartoon Toi allows the Customer to order personalized portraits created by professional designers (the “Products”).

2.2 Use of Products

The Products are reserved for consumer Customers, for their personal needs, and must not be used for commercial purposes.

3. Description of the service

3.1 Ordering personalized portraits

The Platform allows you to order a personalized portrait based on elements provided by the Client, such as a photograph and the desired portrait style.

3.2 Validation and adjustments

The Platform also offers the possibility to validate or request adjustments to a portrait project via a chat module.

3.3 Product Conformity

The products presented on the Platform are described and presented with the greatest possible accuracy.

4. Use of the Service

4.1 User Responsibility

Each user is responsible for their access to the Platform and use of the services offered.

4.2 Equipment safety

The user must ensure the security and proper functioning of his computer and telephone equipment.

5. Access to the Platform

5.1 User Registration

5.1.1 Free access to the Platform

Access to the Platform is free and does not require any prior registration.

5.1.2 Creating User Space

When placing the first order, the Customer is asked to provide information to create their personal user space.

5.1.3 Confidentiality of identifiers

It is the user's responsibility not to disclose his or her username and password and to keep them confidential.

5.1.4 Confirmation of space creation

The user will receive a confirmation email after creating their personal space.

5.1.5 Obligations upon registration

The user agrees to provide truthful and up-to-date information when registering.

5.1.6 Responsibility for content

The user undertakes not to disseminate illicit or harmful content.

5.2 Availability of the Platform

5.2.1 Permanent access

The Platform is normally accessible to users at all times.

5.2.2 Maintenance Interruptions

Interruptions for technical maintenance may be carried out without the right to compensation.

6. Order process

6.1 Selection of Products

The Customer must select the products, add them to their basket and check the details of their order before validation.

6.2 Validation of the order

Validation of the order requires the transmission of information necessary for the production of the Product.

6.3 Post-Order Modifications

Any changes after ordering may incur additional charges.

6.4 Customer Commitment

The Customer must accept the T&Cs and confirm the terms of their order before payment.

6.5 Final confirmation

The Customer confirms his order via the “double-click” process.

6.6 Proof of transaction

The Company keeps a record of transactions in electronic or telephone form.

6.7 Transmission of the T&Cs

A copy of the T&Cs is sent to the Customer when their order is confirmed.

6.8 Contractual information

Information relating to the order is confirmed by email to the Customer.

6.9 Customer email address

Communications will be sent to the email address associated with the Client's customer area.

6.10 Company’s Right of Refusal

The Company reserves the right not to validate an order for legitimate reasons.

6.11 Archiving of contracts

The Company archives sales contracts in accordance with the legislation.

6.12 Modifications by the Customer

Any modification of the order after confirmation is subject to approval by the Company.

6.13 Customer Liability

The information provided by the Customer when ordering is binding.

6.14 Legal capacity of the Client

The Customer declares that he has full legal capacity to enter into a commitment under the General Terms and Conditions.

6.15 Registration conditions

Registration on the Platform is reserved for adults and minors authorized by their legal representative.

6.16 Termination for Default

The Company may terminate a Customer's account for breach of these terms.

7. Deadlines – Validation of an order

7.1 Provision of the project

The portrait project is available on the Platform within the indicated deadlines. These deadlines may be extended by a few days depending on the period ( e.g. end of year / Valentine's Day)

7.2 Validation or adjustments by the Client

The Client has a period of time to validate or request adjustments to the portrait project.

7.3 Prices and adjustments

The price may be adjusted if the Client's modification requests deviate from the initial Client Brief.

7.4 Delivery times and costs

Delivery times and associated costs are specified to the Customer at the time of ordering.

7.5 Delivery availability

The availability of Products for delivery in certain countries is indicated to the Customer.

8. Price of Products

8.1 Display of prices

The price of the Products is indicated including tax on the .fr site and excluding tax on the .com site.

8.2 Payment in different currencies

The price is payable in different currencies and may vary depending on the country of delivery.

8.3 Price due date

The price is payable in full after confirmation of the order.

8.4 Details of the amount due

The total amount due and its details are indicated on the order confirmation page.

8.5 Non-refund of personalized Products

Personalized Products cannot be refunded, returned or exchanged.

9. Payment Terms – Electronic Wallet

9.1 Payment obligation

The Customer expressly acknowledges that any order placed on the Platform is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered.

9.2 Electronic wallet

The Customer will have access through the Platform to an electronic wallet which he can credit in order to then be able to place orders for Products through this electronic wallet.

9.3 Conditions of provision

The Customer is informed that the Product cannot be made available before the Company has fully collected the sums owed by the Customer; an order cannot therefore be validated if the balance in the Customer's electronic wallet is insufficient.

9.4 Payment solutions

The Company uses the online payment solution Stripe and Paypal.

9.5 Payment Methods

Orders can be paid using one of the following payment methods:

Payment by credit card

Payment is made directly on the secure banking servers of the Company's bank, the Client's bank details do not pass through the Platform. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.

The Customer's order is recorded and validated upon acceptance of payment by the bank.

The Customer's account will be debited with the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

Failure to debit the amounts due will result in the immediate nullity of the sale.

The bank card may be refused in particular if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.

Payment by Paypal

If the Customer has an electronic wallet (such as Paypal), he can use this account and pay securely without providing his bank details.

As part of the control procedures, the Company may have to ask the Customer for all the documents necessary to finalize his order. These documents will not be used for any other purposes than these.

10. Right of withdrawal

10.1 Withdrawal period

In principle, all users have a withdrawal period of fourteen (14) calendar days from the conclusion of the contract, in accordance with Article L. 221-18 of the Consumer Code.

10.2 Exclusion for personalized products

By way of exception, in accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts relating to the sale of personalized products, which is the case for all Products sold on the Platform.

10.3 Acknowledgment of absence of withdrawal

By accepting these General Terms and Conditions, the user expressly acknowledges having been informed of the absence of the right of withdrawal.

11. Customer service

The user can contact the Company by email at hello[at]cartoontoi.fr, indicating his name, telephone number, the subject of his request and, where applicable, the number of the order concerned.

12. Intellectual property

12.1 Ownership of the Platform and its elements

The Company is the sole owner of all elements present on the Platform, protected by the laws and regulations relating to intellectual property.

12.2 Rights relating to the Products

The Customer has all rights of use and reproduction, for non-commercial purposes only, of the Product that he has duly ordered and paid for in full.

13. Liability and warranty

13.1 Insurance

The Company declares that it has taken out insurance guaranteeing its professional civil liability.

13.2 Limitation of liability

The Company's liability is limited to the facts which are directly attributable to it and is in any event limited to the amount paid by the user.

13.3 Exclusions of liability

The Company's liability will be excluded in cases of indirect damage, force majeure, misuse of the Platform or facts attributable to a third party.

13.4 Internet Operation

The Company does not guarantee that the Platform and its services will operate without interruption or operating errors.

13.5 Use of the Platform

The Company cannot be held responsible for the use of the Platform in violation of these T&Cs.

13.6 Content published by users

The Company cannot be held responsible for information published by a user on the Platform.

13.7 Verification of contents

The Company reserves the right to carry out a content verification and to remove any non-compliant content.

13.8 Responsibility for content

The user is solely responsible for the content he/she posts online on the Platform.

13.9 Right of moderation

The Company reserves the right to moderate the content published on the Platform.

13.10 Content Control

The Company cannot control all published content and does not assume responsibility for it.

13.11 Disputed Content

In the event of a violation of laws and regulations, the Company may exclude guilty users and delete disputed information.

14. Rating system

Each Customer who has ordered a Product can give a rating and leave comments on the Platform.

15. User Conduct

The user undertakes not to make defamatory or hateful remarks and not to place an order for a Product conveying this type of remark or image.

16. Moderation

Any user may send a complaint regarding the operation of the Platform to the following address: 15 Boulevard de Charonne, 75011 Paris, France.

17. Personal data

17.1 Collection of personal data

The user is informed that the personal data collected is necessary for the use of the Platform and the ordering process.

17.2 Data processing

Personal data is processed by the Company in compliance with applicable regulations.

17.3 Transfer of data

Personal data may be transferred by the Company for the purposes of operating the Platform.

17.4 Purpose of processing

The processing of the information collected aims to enable the Platform to operate.

17.5 Regulatory information

The Company informs the user of the rules applicable to the protection of personal data.

17.6 User Rights

The user has rights regarding his personal information, which he can exercise by contacting the Company.

17.7 Consent

By validating these T&Cs, the user gives his/her consent to the processing of his/her data.

17.8 Exercise of rights

The User may contact the Company to exercise his rights regarding his personal data.

17.9 Data portability

The user has the right to the portability of his personal data.

17.10 Additional information

For more information on your rights, visit the CNIL website.

18. Hypertext links

18.1 General

The hyperlinks available on the site www.cartoontoi.fr may refer to third-party sites not published by Cartoon Toi. They are provided solely for the convenience of the user. If the user uses these links, he will leave the Cartoon Toi site and then agree to use third-party sites at his own risk or in accordance with the conditions that govern them.

18.2 Liability

The user acknowledges that Cartoon Toi does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.

18.3 Disclaimer

Consequently, Cartoon Toi cannot be held responsible in any way whatsoever for these hypertext links.

18.4 Non-warranty

Furthermore, the user acknowledges that Cartoon Toi cannot endorse, guarantee or take responsibility for all or part of the conditions of use and/or the content of these third-party sites.

18.5 Advertising

The site www.cartoontoi.fr may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by Cartoon Toi.

18. Hypertext links

18.1 General

Hypertext links available on the site www.cartoontoi.fr may refer to third party sites not published by Cartoon Toi. They are provided solely for the convenience of the user. If the user uses these links, he will leave the Cartoon Toi site and then agree to use the third party sites at his own risk or in accordance with the conditions that govern them.

18.2 Liability

The user acknowledges that Cartoon Toi does not control or contribute in any way to the development of the conditions of use and/or the content applying to or appearing on these third-party sites.

18.3 Disclaimer

Consequently, Cartoon Toi cannot be held responsible in any way whatsoever for these hypertext links.

18.4 Non-warranty

Furthermore, the user acknowledges that Cartoon Toi cannot endorse, guarantee or take responsibility for all or part of the conditions of use and/or the content of these third-party sites.

18.5 Advertising

The site www.cartoontoi.fr may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by Cartoon Toi.

19. Cookies

19.1 Use of cookies

When browsing the site www.cartoontoi.fr , information may be recorded or read in the user's terminal by means of cookies.

19.2 Definition of cookie

A cookie is a text file saved in a terminal when consulting an online service with navigation software. [...]

19.3 User Consent

The user declares to be aware that when consulting the site, cookies are placed on his computer, mobile or tablet.

19.4 Purposes of cookies

Cartoon Toi uses cookies to identify the user and allow them to access their account, as well as to analyze the use of the site and optimize its operation.

19.5 Types of cookies

(i) “technical” cookies, (ii) “statistical” cookies, (iii) “functional” cookies, and (iv) “advertising” cookies.

19.6 Cookie management

The user can configure their browser software to manage cookies.

20. General provisions

20.1 Entire Agreement

These General Terms and Conditions govern the relationship between the user and Cartoon Toi and constitute the entirety of the rights and obligations of the parties.

20.2 Modification of the conditions

20.2.1 Site Updates

Cartoon Toi reserves the right to modify the content of the site www.cartoontoi.fr at any time.

20.2.2 Modification of the T&Cs

These T&Cs may be modified, the user is therefore required to consult them regularly.

20.2.3 Applicability of the T&Cs

The applicable T&Cs are those in effect on the date of the order.

20.2.4 Liability of the Company

Cartoon Toi cannot be held responsible for any modifications, suspensions or cessations of the site.

20.2.5 Conservation of the T&Cs

The user is recommended to save and/or print the T&Cs for future reference.

20.3 Complaints

For any complaints, the user must contact Cartoon Toi at 15 Boulevard de Charonne, 75011 Paris, or by email at [email protected] .

20.4 Applicable law and jurisdiction

20.4.1 Applicable law

These T&Cs are governed by French law.

20.4.2 Mediation

In the event of a dispute, users may resort to mediation.

20.4.3 Dispute Resolution Platform

Users can submit complaints via the European Dispute Resolution Platform.

20.4.4 Competent jurisdiction

In the event of an unresolved dispute, the French courts will have jurisdiction.

Quentin Marais , Founder of Cartoon Toi Written in Paris 11th, November 8, 2023.