Our General Conditions of Sale

1.1 Operation of the Platform

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

1.2 Contact

The Founder can be reached at the following contact details:

• 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 Platform's publishing director is Mr. Quentin Marais.

1.5 General Conditions of Sale (CGV)

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

1.6 Acceptance of the General Terms and Conditions

The General Conditions of Sale are enforceable against the customer who acknowledges, by checking a box provided for this purpose, having been aware of them and having accepted them before placing the order.

1.7 Order confirmation

The General Terms and Conditions are also systematically sent with any order confirmation sent to the Customer by the Founder.

1.8 Validity of the General Conditions of Sale

Any user is deemed to have read and accepted without reservation all the provisions of the General Terms and Conditions.

2. Purpose of the general conditions

2.1 Purpose

These General 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 Products

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

3. Description of 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 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 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 the 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 requires no prior registration.

5.1.2 Creation of the user space

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

5.1.3 Confidentiality of identifiers

It is up to the user not to disclose their 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 during registration

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 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 right to compensation.

6. Order process

6.1 Product Selection

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 changes

Any changes after ordering may result in additional charges.

6.4 Customer Commitment

The Customer must accept the General Terms and Conditions 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 the transaction

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

6.7 Transmission of the General Conditions of Sale

A copy of the General Terms and Conditions is sent to the Customer upon confirmation of their order.

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 Customer's customer area.

6.10 Right of refusal of the Company

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

6.13 Customer Responsibility

The information provided by the Customer when ordering is binding on him.

6.14 Legal capacity of the Client

The Customer declares to have full legal capacity to commit to 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 breach

The Company may terminate a Customer's account in the event of breach of these conditions.

7. Deadlines – Validation of an order

7.1 Provision of the project

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

7.2 Validation or adjustments by the Customer

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 differ 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 the order.

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 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 Payability of the price

The price is due 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-reimbursement 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 in exchange for the supply of the Product ordered.

9.2 Electronic wallet

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

9.3 Conditions of provision

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

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 contact 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 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.

The inability to debit the sums due will result in the immediate nullity of the sale.

The bank card may in particular 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 (Paypal type), he can use this account and pay in complete security 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 their order. These parts will not be used for any purpose other than these.

10. Right of withdrawal

10.1 Withdrawal period

In principle, any user has 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

As an 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 the absence of withdrawal

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

11. Customer Service

The user can contact the Company by email at hello[at]cartoontoi.fr, indicating their name, telephone number, the subject of their 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 Rights relating to the Products

The Customer has all rights of use and reproduction, for non-commercial purposes exclusively, of the Product which 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 facts directly attributable to it and is in any case 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 acts attributable to a third party.

13.4 Operation of the Internet

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

13.5 Use of the Platform

The Company cannot be held responsible for the use of the Platform in violation of these General Terms and Conditions.

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 verify the content and delete any non-compliant content.

13.8 Responsibility for content

The user is solely responsible for the content he puts 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 content published and does not assume responsibility for it.

13.11 Disputed content

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

14. Scoring 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 defamatory or hateful comments and not to place an order for a Product conveying this type of statement 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 Data transfer

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 operation of the Platform.

17.5 Regulatory information

The Company informs the user of the applicable rules regarding 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 General Terms and Conditions, the user agrees to the processing of their data.

17.8 Exercise of rights

The user can contact the Company to exercise their rights regarding their personal data.

17.9 Data portability

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

17.10 Additional information

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

18. Hyperlinks

18.1 General

The 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 third-party sites at his own risk or in accordance with the conditions which 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 Exemption from liability

Consequently, Cartoon Toi cannot be held responsible in any way due to these hypertext links.

18.4 Non-guarantee

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. Hyperlinks

18.1 General

The 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 third-party sites at his own risk or in accordance with the conditions which 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 Exemption from liability

Consequently, Cartoon Toi cannot be held responsible in any way due to these hypertext links.

18.4 Non-guarantee

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 on the user's terminal using cookies.

19.2 Definition of cookie

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

19.3 User Consent

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

19.4 Cookie purposes

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 all 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 site www.cartoontoi.fr at any time.

20.2.2 Modification of the General Terms and Conditions

These General Terms and Conditions may be modified, the user is therefore required to consult them regularly.

20.2.3 Applicability of the General Conditions of Sale

The applicable General Terms and Conditions are those in force on the date of the order.

20.2.4 Company Liability

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

20.2.5 Conservation of the General Conditions of Sale

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

20.3 Complaints

For any complaints, the user must contact Cartoon Toi at the address 15 Boulevard de Charonne, 75011 Paris, or by e-mail at hello@cartoontoi.fr .

20.4 Applicable law and jurisdiction

20.4.1 Applicable law

These General Terms and Conditions are governed by French law.

20.4.2 Mediation

In the event of a dispute, users can 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.