Our terms and conditions

1.1 Platform operation

The Cartoon Toi web platform, accessible at the URL www.cartoontoi.fr (the "Platform"), is published by Quentin Marais, a sole trader located at 15 Boulevard de Charonne, 75011 Paris, France.

1.2 Contact

The Founder can be reached at the following coordinates:

• By email: hello[at]cartoontoi.fr
• By post: 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 Publishing director

The Platform's publishing director is Mr Quentin Marais.

1.5 General Terms and Conditions (GTC)

These general terms and conditions of sale (or "GTCS") are made available to all users on the Platform, where they can be consulted directly, and can also be communicated to users on request by any means.

1.6 Acceptance of terms and conditions

The terms and conditions of sale are binding on the customer, who acknowledges having read and accepted them before placing an order by checking the appropriate box.

1.7 Order confirmation

The GTCS are also systematically sent with any order confirmation sent to the Customer by the Founder.

1.8 Validity of the GCS

All users are deemed to have read and accepted without reservation all the provisions of the GCS.

2. Purpose of the general terms and conditions

2.1 Purpose

These Terms and Conditions define the conditions under which Cartoon Toi allows the Customer to order personalized portraits created by professional designers (the "Products").

2.2 Use of the Products

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

3. Service description

3.1 Ordering personalized portraits

The Platform makes it possible to order a Custom portrait based on elements supplied by the Customer, such as a photograph and the desired portrait style.

3.2 Validation and adjustments

The Platform also offers the possibility of validating or requesting adjustments to a portrait project via a chat module.

3.3 Product conformity

The products presented on the Platform are described and presented as accurately as possible.

4. Using the service

4.1 User responsibility

Each user is responsible for accessing the Platform and using the services offered.

4.2 Equipment safety

Users must ensure that their computer and telephone equipment is secure and in good working order.

5. Access to the Platform

5.1 User registration

5.1.1 Free access to the Platform

Access to the Platform is free and requires no prior registration.

5.1.2 Creating a user space

At the time of the first order, the Customer is invited to provide information to create a personal user space.

5.1.3 Confidentiality of identifiers

It is the user's responsibility not to divulge his/her login and password and to keep them confidential.

5.1.4 Confirmation of space creation

The user will receive a confirmation email after the creation of his personal space.

5.1.5 Registration obligations

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

5.1.6 Responsibility for content

The user undertakes not to disseminate illegal or harmful content.

5.2 Platform availability

5.2.1 Permanent access

The Platform is normally accessible to users at all times.

5.2.2 Maintenance shutdowns

Interruptions for technical maintenance may occur without entitlement to compensation.

6. Order process

6.1 Product selection

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

6.2 Order validation

The validation of the order requires the transmission of information necessary for the realization of the Product.

6.3 Post-order modifications

Any changes made after the order has been placed may result in additional charges.

6.4 Customer commitment

The Customer must accept the GCS and confirm the terms of his order before payment.

6.5 Final confirmation

The customer confirms his order by "double-clicking".

6.6 Proof of transaction

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

6.7 Transmission of GTC

A copy of the GCS is sent to the customer when the order is confirmed.

6.8 Contractual information

Order information is confirmed by email to the Customer.

6.9 Customer's email address

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

6.10 The Company's right of refusal

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

6.11 Contract archiving

The Company files sales contracts in accordance with the law.

6.12 Customer modifications

Any change to an order after confirmation is subject to the Company's approval.

6.13 Customer's liability

The information provided by the Customer at the time of ordering is binding.

6.14 Customer's legal capacity

The Customer declares that he/she has full legal capacity to enter into commitments under the GCS.

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 in the event of a breach of these conditions.

7. Deadlines - Order validation

7.1 Project availability

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 Customer validation or adjustments

The customer has a period of time in which to approve or request adjustments to the portrait project.

7.3 Prices and adjustments

The price may be adjusted if the customer's modification requests deviate from the initial Customer 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. Product prices

8.1 Price display

The price of Products is indicated inclusive of tax on the .fr site and exclusive of tax on the .com site.

8.2 Payment in different currencies

The price is payable in different currencies and may vary according to the country of delivery.

8.3 Price due date

The price is payable in full once the order has been confirmed.

8.4 Details of amount due

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

8.5 Non-return of personalized products

Personalized Products cannot be refunded, taken back or exchanged.

9. Payment terms - Electronic wallet

9.1 Obligation to pay

The Customer expressly acknowledges that any order placed on the Platform is an order subject to payment, which requires the payment of a price in exchange for the supply of the Product ordered.

9.2 Electronic wallet

Through the Platform, the Customer will have access to an electronic wallet that can be credited in order to place orders for Products through this electronic wallet.

9.3 Availability conditions

The Customer is hereby informed that the Product cannot be made available until the Company has received full payment of the sums owed by the Customer; an order cannot therefore be validated if the Customer's e-wallet balance is insufficient.

9.4 Payment solutions

The Company uses the Stripe and Paypal online payment solutions.

9.5 Payment methods

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

Payment by credit card

Payment is made directly to the secure bank servers of the Company's bank, and the Customer's bank details do not pass through the Platform. The bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. These details are therefore not accessible to third parties.

The customer's order is recorded and validated as soon as the bank accepts payment.

The Customer's account will be debited for 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 sums due will result in the immediate nullity of the sale.

In particular, the credit card may be refused 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), they can use this account and pay securely without disclosing their bank details.

Within the framework of control procedures, the Company may have to ask the Customer for any documents required to finalize the order. These documents will not be used for any other purpose.

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 French Consumer Code.

10.2 Exclusion for customized products

As an exception, in accordance with article L. 221-28 of the French 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 Acknowledgement of the absence of withdrawal

By accepting these terms and conditions, the user expressly acknowledges that he/she has been informed that there is no right of withdrawal.

11. Customer service

The user may contact the Company by e-mail by writing to hello[at]cartoontoi.fr, indicating his name, telephone number, the subject of his request and, if 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 laws and regulations relating to intellectual property.

12.2 Product rights

The Customer has all rights to use and reproduce, for non-commercial purposes only, the Product duly ordered and paid for in full.

13. Liability and warranty

13.1 Insurance

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

13.2 Limitation of liability

The Company's liability is limited to facts 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 shall be excluded in the event of indirect damage, force majeure, misuse of the Platform or acts 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 error.

13.5 Use of the Platform

The Company cannot be held responsible for the use of the Platform in violation of these GTC.

13.6 Content published by users

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

13.7 Content verification

The Company reserves the right to check content and remove any non-compliant content.

13.8 Responsibility for content

Users are solely responsible for the content they upload to the Platform.

13.9 Right of moderation

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

13.10 Content control

The Company cannot control all published content and assumes no responsibility for it.

13.11 Contentious content

In the event of infringement 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 behavior

The user undertakes not to make any defamatory or hateful remarks and not to place an order for a Product conveying such remarks or image.

16. Moderation

Any user may send a complaint concerning 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 Data transfer

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

17.4 Purpose of treatment

The purpose of processing the information collected is to enable the Platform to function.

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 concerning his personal information, which he may exercise by contacting the Company.

17.7 Consent

By accepting these GTC, the user agrees to the processing of his/her data.

17.8 Exercise of rights

Users may contact the Company to exercise their rights concerning their personal data.

17.9 Data portability

Users have the right to portability of their personal data.

17.10 Additional information

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

18. Hypertext links

18.1 General information

Hypertext links available on the www.cartoontoi.fr website may direct users to third-party sites not published by Cartoon Toi. They are provided solely for the user's convenience. Should the user use these links, he/she will leave the Cartoon Toi site and agree to use the third-party sites at his/her own risk or in accordance with the conditions governing them.

18.2 Liability

The user acknowledges that Cartoon Toi does not control nor contribute in any way to the elaboration of the conditions of use and/or the content applying to or appearing on these third-party sites.

18.3 Exclusion of liability

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 does not endorse, guarantee or take over all or part of the terms of use and/or content of these third-party sites.

18.5 Advertising

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

18. Hypertext links

18.1 General information

The hypertext links available on the www.cartoontoi.fr site may lead to third-party sites not published by Cartoon Toi. They are provided solely for the user's convenience. Should the user use these links, he/she will leave the Cartoon Toi site and agree to use the third-party sites at his/her own risk or in accordance with the conditions governing them.

18.2 Liability

The user acknowledges that Cartoon Toi does not control nor contribute in any way to the elaboration of the conditions of use and/or the content applying to or appearing on these third-party sites.

18.3 Exclusion of liability

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 does not endorse, guarantee or take over all or part of the terms of use and/or content of these third-party sites.

18.5 Advertising

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

19. Cookies

19.1 Use of cookies

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

19.2 Cookie definition

A cookie is a text file stored on a terminal when an online service is consulted using a browser. [...]

19.3 User consent

The user declares that he/she is aware that cookies are placed on his/her computer, cell phone or tablet when consulting the site.

19.4 Purpose of cookies

Cartoon Toi uses cookies to identify users and enable them to access their account, as well as to analyze site usage and optimize site operation.

19.5 Types of cookies

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

19.6 Cookie management

Users can configure their browser to manage cookies.

20. General provisions

20.1 Entire agreement

These GTC 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 conditions

20.2.1 Site updates

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

20.2.2 Modification of the GCS

These GTC may be amended from time to time, and the user is therefore advised to consult them regularly.

20.2.3 Applicability of the GCS

The GCS applicable are those in force on the date of the order.

20.2.4 Liability of the Company

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

20.2.5 Retention of GTC

The user is advised to save and/or print the GTC for future reference.

20.3 Complaints

For all claims, the user should contact Cartoon Toi at 15 Boulevard de Charonne, 75011 Paris, or by e-mail at [email protected].

20.4 Applicable law and jurisdiction

20.4.1 Applicable law

These GCS are governed by French law.

20.4.2 Mediation

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

20.4.3 Dispute resolution platform

Users may submit complaints via the European dispute resolution platform.

20.4.4 Jurisdiction

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

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