Article 1 – Application of the conditions
The seller is defined below as the SAS Avenue des Jeux. The buyer is defined below as being the company or the person signing and accepting these terms and conditions. The terms and conditions of sale apply exclusively to all sales completed by the SAS Avenue des Jeux. Information contained in catalogues, price lists, websites, notes, etc... are only indicative and as such may be changed without notice by the seller. The mere fact of placing an order or accepting an offer from the seller constitutes full acceptance of these terms. These conditions can be modified at any time without notice by the SAS Avenue des Jeux, changes are then applied to all subsequent orders.
Article 2 – Orders
For all the orders placed on the website www.toys-boulevard.co.uk and any other websites of the SAS Avenue des Jeux, orders are effective from the date they are debited from the buyer's bank card, or from the date the transfer or paypal operation is completed.
Any sale is subject to availability in stock. Any clause coming from the purchaser, not accepted in writing by the seller that would contradict these terms and conditions of sale, or features specified in the offer price will be considered null and void. No unilateral cancellation of orders will be accepted without the agreement of the SAS Avenue des Jeux.
The images and illustrations on the website www.toys-boulevard.co.uk are not contractual. The seller will however make every effort to make them be the most accurate reflection of the sold product.
Article 3 – Price
The price list of the seller does not constitute a sale. This list can be changed unilaterally without prior notice.
All prices are net, in Pounds, VAT included, packing, transport and insurance freight not included, when they leave the seller's warehouse.
Article 4 – Delivery, transportation
Whatever delivery mode is chosen, the risks of transportation (loss, damage or theft) are charged to the seller, provided that the buyer has checked the goods on arrival and has expresed, if need be, his claim against the carrier within 48 hours, even when the shipping freight is free. In all cases, delivery is accomplished either by direct delivery to the buyer, either by notice of availability, either by delivering goods to a carrier (Coliposte, Chronopost, DHL, UPS).
In the case of a loss of parcels during the transport, the time of investigation can vary depending on the carriers and can take one to three weeks.
The seller is authorized to make partial deliveries. If the buyer acccepts a partial delivery, the payment must be made upon delivery. Express agreement, in case of force majeure or events such as lockout, strikes, total or partial work stoppage in the factory of the seller or its suppliers, epidemics, war, requisition, fire, flood, interruption or transportation delays, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacturing or importation of goods, the seller is free of all responsibility in the delivery. The seller will keep the buyer informed timely of the cases and events listed above. In all cases, delivery on time can only happen if the buyer is up to date in all his obligations to the seller regardless of the cause.
Article 5 – Claims and customer service
Upon receipt of the goods, the buyer must immediately check their condition and their compliance with the contract. If the package is too damaged, the buyer must refuse it. The labels on all parts are indispensable for the guarantee. The packaging must be kept in perfect condition. If it is not, the buyer cannot exert his right to claim and must pay the sum of 15 £ to cover the cost of repackaging products which original packaging would have disappeared or been too damaged. This also applies when the buyer does not express any reservations upon receipt of the goods. All claims relating to defects on the delivered goods, to an inaccuracy in the amounts or in the product reference from the accepted offer or order confirmation produced by the seller, must be made in writing by registered mail within 48 hours of receipt of goods, without neglecting to eventually take action against the carrier, otherwise the right to claim will not be granted. The buyer must allow the seller to perform all and any verification operations on-site relating to the claims. All returns require prior approval by the seller and a return number by sending an email to the contact section : the buyer will receive by email a return agreement. At this occasion, the buyer must give his precise coordinates and supply the designation of the element or elements concerned, the description of the breakdown and the bill number corresponding to the elements. After obtaining the agreement of return, the buyer has 7 days to return defective goods to the seller. For defective parts, the buyer can obtain the standard exchange of goods during the first month folowing the purchase – in the case of non-specific products and subject to availability of stock. The buyer then sends the seller the item that appears defective, at the seller's expense, within one month after the order date. This return is refunded with a voucher, valid for 6 months from the date of issue, based on the rate of a return with the pre-paid packages of La Poste. Then, the return costs are to be paid by the buyer. This is only valid for the guarantee: any other return of products (part (s) incompatible with other materials, withdrawal 7 days, for example) do not qualify for a voucher. Upon return, the buyer must write "Customer Service" and the return number provided by the seller directly on the package and must also provide a copy of the bill. Otherwise, the return shipment will be refused. If no agreement from the seller is made, any returned merchandise will be held at the disposal of the buyer at his at his own cost and risk, all transportation, storage, handling is under the buyer's responsibility.
Article 6 – Right of withdrawal
Under the conditions laid down in article L121-16 of the consumer code and in the context of distance selling, the buyer has a withdrawal period of 7 days after the delivery of the order which will be refunded if the products delivered are returned. The return of goods is the cost and risk of the buyer. The withdrawal period may be extended to 14 or 30 days, depending on the options chosen by the client.
According to Ordinance No. 2001-741 of 23 August 2001 art. 5, art. 12 Official Journal of 25 August 2001 and Ordinance No. 2005-648 of 6 June 2005 Art. 1 I Official Journal of 7 June 2005 effective 1 December 2005 of the Commercial Code, the right of withdrawal can not be exercised, unless the parties had otherwise agreed, for contracts which supply goods made to the specifications of the consumer, or which are very personalised, or which, because of their nature, can not be returned, or are liable to deteriorate or expire quickly.
The paintings or custom puzzles sold on www.toys-boulevard.co.uk are made upon order and are customised. As such, they can not be stocked. Thus, the right of withdrawal will not apply for paintings or custom puzzles, and no refund can be made.
Article 7- Tax removal and exportation
The prices displayed on the www.toys-boulevard.co.uk website include all taxes (VAT).Residents of the European Union do not qualify for any exemption from French VAT. If you are a non-French European Union VAT registered society, you must apply in writing clearly the language of your company and intra-EU number.In that event, we will send you an exclusive of tax invoice with your company name together with the VAT refund.
If you are resident outside the European Union and DOM / TOM, the VAT exemption is granted automatically.You have no particular requirements to fulfill.Entering your shipping address during the checkout process will result in the exemption from VAT.This exemption will be clear on the last stage of checkout.Your bill will be established exclusive of tax and settlement requested will be the amount of the order exclusive of tax. Orders outside the EU (Switzerland, the rest of Europe outside the EU, Dom Tom, the world) may be subject to customs duties.These orders can also be apply the local VAT of the country concerned.For more information on this subject, you can check with the customs of the countries concerned.Toys boulevard brand name will in no way be held liable for the customs fees and VAT.
Article 8 – Guarantee
The products are guaranteed by the manufacturer (or importer), and by default by the SAS Avenue des Jeux, for defects in materials or fabrication for a period of 12 months from the date of delivery, except for conditions which are specifically notified. Interventions under guarantee do not have the effect of prolonging the duration of the guarantee. The seller's guarantee is limited to repair, replacement or refund value of the goods found defective by the seller, taking into account the use which has been done and this depending on the seller's free will. The seller only agrees to provide the replacement of defective parts and repair damage to the goods supplied to the buyer by him. The guarantee does not cover the cost of labor, or those which result from disassembly, reassembly and transportation, except in the case of standard exchange. Subject to legal provisions, the seller's responsability is strictly limited to the obligations defined in these conditions or to express conditions. In the cas where the buyer returns products that have been supplied by the seller, the seller can in no way be held responsible for material and immaterial damage that would occur during troubleshooting. The seller cannot be liable under the guarantee of failure or damage caused directly or indirectly in the following cases : - Any negligence, connection or handling error, maintenance and use of equipment not meeting the technical specifications of the seller or manufacturer or more generally a faulty or clumsy use.
- Any addition of complementary equipment or accessories or use of any parts necessary to operate the equipment which do not meet the technical specifications of the vendor or manufacturer.
- Any mechanical, electronic or electrical transformation, or other modifications made to the equipment or to its junction devices by a third person. In case of bankruptcy or failure to supply on the behalf of the manufacturer or importer, the buyer cannot make a claim against the seller.
Article 11 – Retention of title
Under the Act of May 12th, 1980, the transfer of ownership of goods delivered to the buyer will take place after full payment of the main price. During the period between the delivery and transfer of property, loss, theft or destruction will be borne by the buyer. The failure by the buyer to his payment obligations for any reason whatsoever, gives the seller the right to demand the immediate return of goods delivered, to the costs and risks of the buyer. The buyer agrees that in the case of insolvency proceedings affecting his business, to participate actively in the establishment of an inventory of goods in his inventory, for the goods for which the seller claims ownership. Otherwise, the seller has the right to check the inventory with a bailiff at the expense of the buyer. The seller can prohibit the buyer's resale, processing or incorporation of goods, in case of late payment. To ensure that the payments not yet made and that the balance of the buyer can be put in the records of the seller, it is expressly stipulated that rights to goods delivered but not paid for can be reported on identical goods from the seller in stock at the buyer's, without any need to allocate payments on a determined sale or delivery.
Article 12 – Termination
In case of non-compliance with one of the obligations of the buyer thereof, the sale will be terminated automatically and the goods will be returned to the seller if he sees fit, without prejudice to any damage and interest that the seller could assert against the buyer, within 48 hours after the notice has not been respected. In this case, the seller is entitled to claim from the buyer a flat rate of 15% of the amount of the sale.
Article 13 – Payment
Payments must be made so that the seller can use the funds on the day of term. Unless specially written conditions are granted to corporate clients after studying their cases, payments should be made by bank transfer, debit card or Paypal. In case of payment by installments, expressly accepted by the seller, the non-payment of a single term makes the full price immediately due, whatever the conditions previously agreed were. These same conditions apply in case of sale, transfer, pledge or delivery of a contribution to the company stock by the buyer.The seller may withhold delivery of the goods concerned to the representation of guarantee. Any settlement after the payment date can result in the billing of penalties without any prior notice to the buyer being required. The amount of these penalties could be at least equivalent to that resulting from applying a rate equal to 1. 5 times the legal interest rate applicable on the date of the application of penalties, without this clause excluded further damage and interest. The buyer can never, on the basis of a complaint he has issued, withhold all or part of the amounts he owes, or operate a compensation. When the buyer is late in the full or partial payment of a due term, the seller may by that fact alone and without the need of prior notice, immediately suspend deliveries without the buyer being able to claim any damage and interest from the seller. In case of litigation, the seller is entitled to claim from the buyer the reimbursement of any kind of expenses related to the prosecution. For all payments made on the website, the seller reserves the right to accept the sale to ask the buyer to prove his identity and his place of residence.
Article 14 – Clause of jurisdiction
Any dispute concerning the formation, execution and termination of contractual obligations between the parties which cannot lead to an amicable settlement will be subject to the jurisdiction of the Tribunal de Commerce of Nantes under whose jurisdiction the seller's head office is placed, whatever the conditions of sale and method of payment accepted are, even in cases of appeal or multiple defendants, the seller has the right to petition the Court having territorial jurisdiction over the buyer's head office or address. This contract is governed by French law. The application of the Vienna Convention on the international allocation of goods is expressly excluded.