Ztore
Conditions of Use

1 - Introduction - Definitions - Effective date of these terms of sale

The Company named Violet, hereinafter referred to as 'Violet', sells electronic Products, specifically Nabztags (registered trade mark). Violet offers a remote sales service via internet for the Products mentioned heretofore (hereinafter referred to as 'Products'). The term 'Customer' designates hereinafter the individual or corporate entity that places a Product order online with Violet . Violet is a limited company( société anonyme or ‘SA’) incorporated under the French Laws, with a board of directors with a registered capital of 872.467,20 euros, registered head office: 18 rue du Faubourg du Temple, 75011 Paris- RCS Paris B 449 570 373 – TVA FR 4544 9570 373.- Telephone:+33 (0)1 55 255 250 Fax: +33 (0)1 43 73 23 46 - E-mail: contact@violet.net- Website: www.violet.net and: www.nabaztag.com hereinafter referred to as ' Nabaztore'. The term 'Product' designates Products marketed by Violet and in particular the Nabaztag or Nabaztag/tag rabbit connected to the Internet by WIFI, ears, lights, and other new intelligent, connected products. The term 'Order' hereinafter describes the process by which the Customer purchases a product from Violet hereinafter mentioned as ‘Product (s)’). The’ Delivery Area’ shall mean the country and /or area where the Products are deliverable, as checkable on the Violet’ website link.These terms apply to the exclusion of all other terms and conditions, specifically those applicable to in-store sales. The Customer hereby declares that they have been informed of the following terms and conditions before ordering Products. They acknowledge hereby that by ordering Products online, their agreement to these general terms and conditions of sale does not require a handwritten signature. Violet regularly amends the text of its general terms of sale. The Customer is therefore invited to check the version applicable at the time of ordering. To do this, Customers are able to download, save and copy the general terms of sale. The terms of sale of goods purchased on the site consist of the general terms of sale in effect at the time of ordering and issue of the order form. By choosing to purchase Products on line, the Customer accepts the following terms and conditions expressly and irrevocably.

2 -Customer Status- Professional Use

The Customer is assumed to be a consumer. As a result, any online order is limited to a maximum of one 30-kilo package per customer per month. By placing an order, Customers acknowledge that they are fully empowered legally to commit themselves under the present general terms of sale. The Customer declares that they are able to conclude the present contract for which the general terms of sale are presented hereafter, i.e. that they are adults under the law and not placed under financial guardianship of any kind. Violet does not intend to sell to professionals online, even if Products on offer have performance ratings, which are compatible with professional use. If a purchase is made for professional use, it is the Customer's responsibility to appraise compatibility with their intended use of the Product. Violet cannot be held liable for any harm of any kind arising from professional use of Products.

3 - Legislation applicable to remote sales

Legislation applicable to the sale on offer is that presently applying to remote sales in France, a summary of the main terms of which is provided hereinafter by Violet for the benefit of Customers. Products comply with legislation and standards applicable in Europe, United-states and Canada. For any purchase intended for export, the Customer is responsible for checking the specific applicable legislation in the relevant country with regard to taxes, declarations, or prohibitions.

Violet can in no way be held liable for failure to comply with legislation applicable in countries where the Product is delivered: the Customer is responsible for verifying conditions for the import and use of Products or Services.

4 - Recording orders

To enable Customers to cancel their order prior to final acceptance, Violet has devised three validation and acceptance pages. Orders are deemed firm as of the third and last click validation on the order summary page. This final click is deemed to be the equivalent of the handwritten signature cited in article 1341 of the French Civil Code and is subject to legislation governing remote sales as detailed in articles 121-8ff of the French Consumer Code. The third click is hereinafter referred to as the Acceptance Click. As of the said Acceptance Click, the order is deemed irrevocable and may be cancelled only in the cases specified below. In all cases, the sale is deemed definitive only after the order confirmation has been sent by Violet to the Customer and the full amount of the price or deposit payable has been received by Violet.

5 - Order confirmation

Once the order has been registered, Violet sends out an e-mail. By keeping this e-mail or a printed copy thereof, Customers retain proof of their order. Violet recommends that customers keep this. This e-mail confirms that Violet has received the Customer's order and not that the Product ordered is available. If the order is placed after 12 noon, processing of the order and the delivery period are deemed to have commenced on the next working day following the date of effective payment of the order. Product offers are available subject to stock.
Stated delivery times apply to deliveries within the European Economic Community and are subject to freight forwarders' own delivery schedules. If the Product is no longer in stock and after two (2) weeks have elapsed, the Customer may request cancellation of their order by writing to: store@nabaztag.com

Product offers and prices apply as long as they are displayed on the site and subject to availability. Details of Product availability are supplied at the time of ordering. If a Product is out of stock, Violet will contact the Customer within three working days from issue of the confirmatory e-mail to offer either a new delivery period for the Product, a substitute product, or cancellation of the order. The Customer hereby agrees to accept one or the other of these proposals.

6 - Price, payment and invoicing

Product prices are indicated in the currency displayed on the Violet site relating to invoicing and do not include shipping costs or any applicable local taxes. Shipping costs detailed in the present general terms of sale are at the Customer's expense (except where otherwise stated or in the case of special terms). Any change in local taxes will automatically be added to Product prices. Credit cards are the sole acceptable means of payment. Availability and delivery periods are deemed to run from the recorded date of payment. The Product invoice will be enclosed in the package containing the Product ordered. Customer accounts will be debited at the time of the order.

7 - Shipping costs and delivery periods

7.1. Terms of shipping and delivery Products ordered will be delivered to the address supplied by the Customer, such address being deliverable if the country is listed as such in the area specified on the nabaztore website. The delivery company is chosen by Violet who guarantees proper delivery of Products. Shipping insurance is at the Customer's expense once the Product has left the warehouse. Shipping costs are at the Customer's expense except in the specific cases detailed in the present Terms. Customers are asked to pay a lump-sum shipping charge which varies with the weight of the package. This charge is indicated on the order page. Violet is not liable for any consequences of late delivery. Any order not shipped within 30 days of the order will be cancelled. 7.2. Delivery periods In the normal course of service, delivery periods will be as stated below, subject to stock availability. The Delivery periods runs from the effective date of order payment and are set at five working days from effective receipt of payment by Violet. Violet cannot be held liable in any way under any circumstances for delays beyond this period. Customers are therefore entitled to no compensation of any kind from Violet should such circumstances arise. 7.3. Late deliveries If the package does not arrive within the time guaranteed by the delivery company, the Order Tracking department of the company will be able to let you know the status. 7.4 .Receipt of packages Customers are responsible for checking Products on delivery and before signing the delivery slip. If necessary, they should indicate any problems noted (damaged packaging and/or Product) and sign the delivery slip with these reservations. 7.5. Package loss If a package is lost, Violet must wait for the period set by the delivery company prior to declaring the loss of the package and carrying out a refund. Violet is responsible for making any such claims. In such cases, Violet may request some additional documents to complete the claim.

8 - Area covered by deliveries - Tax-Free deliveries

The Products are deliverable only if the country of delivery is listed as such in the Delivery Area specified on the nabaztore website. All orders are invoiced inclusive of all taxes. Customers qualify for refunds of French taxes applicable to the Products ordered from their country of residence only where they qualify for tax-free status on such orders in the said country.

Violet reserves the right to refuse any request for tax exemption which does not fulfill the conditions set out in the present general terms of sale and those required by customs authorities. Any request relating to tax exemption and/or intracommunity VAT must be made subsequent to invoicing of the relevant Product(s). If the Customer is a private individual or other entity not registered for VAT, and a member of an EC country, the Customer must pay the list price inclusive of all taxes including shipping charges where applicable. If the Customer is an entity registered for VAT (specifically, non-French companies located in a Member State of the European Union), the Customer should send Violet a copy of the order on headed notepaper from the registered entity or company, on which the company VAT number should feature in full.

On receipt of such proof and after verification of the intracommunity VAT number, a VAT-exempt invoice will be sent with a refund in the form of a cheque made out in the sum of the VAT paid on the invoiced Products. Violet reserves the right to refuse any request for tax exemption which does not fulfill the conditions set out in the present general terms of sale and those required by customs authorities.

In the event of a Customer placing an order or ordering a Product for delivery to a country other than their country of residence, the Customer is deemed to be the importer of the Product(s) in question. All customs and import duties and other local and/or state taxes payable are the sole liability of the Customer. Customers are responsible for requesting information from relevant authorities about entry conditions for Products ordered and for carrying out any relevant declarations and/or payments to the competent national authorities. Customers are also responsible for verifying conditions for the import and use of Products or Services that they are planning to ship, with the relevant local authorities. Customers should also check that the manufacturers' technical specifications comply with applicable national legislation. In no circumstances can Violet be held liable in the event of Customers failing to comply with legislation in the country into which they have brought the Products. Specifically, if the Customer arranges for delivery outside the deliverable area, and with the agreement of Violet, the Customer is required to carry out payment of all taxes, fees, or other sums payable in respect of private copying or any other aspect of intellectual property rights to the relevant national authorities. Customers must obtain information with respect to the applicability to Products ordered of any such taxes, fees or other sums as well as the amount of same and the formalities for declaring and paying said sums to the authorities so empowered for the place of delivery.

9. - Checking Products delivered

9.1. Delivery. Customers are required to check the condition of packaging and that the Product is as ordered. Any claim in respect of visible defects or non-conformity of the Product delivered must be made by the Customer within three working days of the Product being delivered to the Customer by registered letter to Violet SA, 18 rue du Faubourg du Temple, 75011 Paris. Where relevant, Customers should enclose with this claim a copy of a letter sent to the delivery company or of the 'damage report' or 'incident report' form supplied by the delivery company. If the incident is not related to shipping, a return reference number may be requested by e-mailing Violet's customer service department at the following e-mail address: http://store.nabaztag.com/contact_us.php If no claims are submitted within the aforementioned time period, Products delivered are deemed to have been accepted by the Customer in proper condition. No Product may be exchanged without it being returned to Violet in the same condition as it was delivered to the Customer by Violet. Specifically, no seals must have been broken on the Product. Prior to any return of a Product to Violet, Customers must in all cases contact Violet's customer service department at the following e-mail address: http://store.nabaztag.com/contact_us.php for a return reference number which must be clearly marked on the returned Product package. Any Product returned without a return reference number will be refused and returned to sender. Returns are to be carried out as specified below. These precautions in no way affect Customers’ statutory rights and guarantees and the exercise of the right of retraction.

9.2. Reservations. For deliveries carried out by the delivery company, if the package is delivered opened and/or damaged. Customers may accept or refuse the package. If the Customer or their agent decides to accept delivery, the Customer must note 'written reservations' to be countersigned by the delivery personnel and complete an 'incident report' as specified in the delivery company's terms and conditions. This form must be sent off so that Violet can begin enquiries and make a request for compensation where applicable. If the Customer or their agent prefers to refuse the goods, in addition to the 'written reservations' to be noted, the Customer must also ask the delivery company to return the package to Violet with a 'damage report'. Violet requests that Customers keep a copy of this form. For delivery carried out by other delivery companies and regardless of whether or not the Customer accepts the delivery, for any opened and/or damaged packages, the Customer must note 'written reservations' on the delivery company slip and inform both Violet and the delivery company of these by letter within three (3) working days of the delivery. Some delivery companies may carry out an inspection at the delivery address to check the condition of the package delivered prior to pick-up and possible return to the after-sales department with an incident report.

9.3. Mistaken delivery. If a Customer receives a delivery destined for someone else, Violet requests that they keep the package ‘as is’ and notify Violet's customer service department immediately, by filling the form at http://store.nabaztag.com/contact_us.php

Products delivered are not those ordered: If the Products delivered do not correspond to those ordered, Customers may make a claim to Violet's customer services department by filling the form at http://store.nabaztag.com/contact_us.php

9.4. Return arrangements. Violet undertakes to rectify problems encountered by Customers as quickly as possible. To ensure the return process is carried out as smoothly as possible and that manufacturers can diagnose and correct any problems, return requests should be carried out directly supplying details of the reasons for the return to the following Violet customer service department e-mail address http://store.nabaztag.com/contact_us.php A return number will be supplied.

Violet hereby informs Customers that they may request certain documents relating to the package. Customers must therefore remain in possession of all items received (including packaging) until all claims have been fully dealt with. For complete order returns (Documents + Product): Violet recommends additional packaging round the original Product packaging since Violet can only accept Products sent back complete (accessories, guarantee form, drivers, manuals, cover, etc) in their original packaging and with all items intact and in good condition. Customers must enclose a copy of the invoice with the return. No reimbursement or exchange will be carried out if the Customer has damaged the Product or returned it incomplete. Where no pre-paid franking label has been supplied, Customers must return the Product as follows:

- declaring Product value as stated on the purchase invoice;

- ensuring full insurance cover for return transport in the amount stated on the purchase invoice.

On receipt of a justifiable claim, Violet will allocate a return number to the relevant Products, which will be forwarded to the Customer.

Returns should be sent as soon as possible to Violet's after-sales service in their original packaging and complete with accessories, instructions, etc in good condition, with the return number clearly marked on the package and the return slip enclosed. In all circumstances, Customers should ensure they use appropriate packaging for returns.

10 - Retraction period

The retraction period granted to the Customer with respect to purchase of goods is 7 (seven) clear days from the date of receipt of their order. During this time, the Customer may, at their expense and with no other penalty incurred, return Product(s) with which they are not satisfied. In this case Customers may choose either to be refunded for the price paid in exchange for returning the Product(s) or to receive a Product in replacement of that ordered. Products returned at the Customer's expense must be in perfect condition as delivered by Violet.

11 - Guarantee and After-Sales service

In all circumstances, Customers benefit from a guarantee against hidden defects: in the event of a manufacturing defect in the Product making it unsuitable for use, Customers may make a claim to Violet after-sales service by e-mailing support@nabaztag.com . Some Products on sale may be covered by another manufacturer's guarantee. In such cases, in order to benefit from this guarantee, Customers must return the Product to Violet at their own expense and enclose the original invoice. In such cases Violet undertakes to send the Customer a Product in proper working order, either a new replacement (unless the item is not in stock) or return the original Product once it has been repaired by the manufacturer. If the item is out of stock and it is not possible for the manufacturer to repair the Product, the Customer will be offered a similar replacement Product or a refund on the original Product.

12 - Secure transactions

When Customers pay using a credit's card, Violet asks them to provide their card number, expiry date and the last three digits of the number printed on the reverse of the card. Various servers are then accessed to check the data and prevent misuse and fraud. During this process the server is in encrypted mode and all personal information in transit is coded; this renders it impossible to read it using the Internet. To ensure optimum security for Internet transactions, Customers are offered an SSL (secure socket layer) online payment system enabling their banker's card number to be encrypted. For all such processing, guarantees provided by Violet for transaction security are the same as those provided to Violet by the software manufacturers. To benefit from the SSL secure payment method, Customers must use browsers that are SSL-compatible. Compatible browsers are: Firefox version 2.0 or higher, Microsoft Internet Explorer version 6.0 or higher and Safari version 2.0 or higher.

13 - Personal data

Under the terms of the data protection French law 78-17 of January 6 1978, information requested from Customers is that necessary for processing their order and destined for Violet's use only. Customers retain a right of access to information held about them. All such information is available on request and may be rectified in case of error or change. Customers wishing to refuse Violet permission to pass on this information to third parties should do so by regular letter.

14 - Force majeure circumstances

Violet cannot be held liable for failure to carry out contractual obligations in the event of force majeure or other unforeseen circumstances including catastrophes, fire, internal or external industrial action, internal or external breakdown or failures, and more generally any event preventing the proper processing of orders.

15- Waste material from professional electrical and electronic equipment: obligations of purchasers:

In compliance with the provisions of article 18 of French decree n° 2005-829 of July 20 detailing the obligations for the collection, processing and disposal of electrical and electronic equipment, the Customer's attention is drawn to the obligation under which users of professional electrical and electronic equipment place themselves in respect of the organisation and financing of waste removal and processing. Customers must ensure collection and processing procedures comply with Article 21 of the above decree and guarantee the forwarding of this same information to all successive users of the said equipment. Article 25 states that failure to comply with this obligation attracts a penal fine. The Customer is assumed to comply as well with any applicable local law or regulation regarding the above purpose.

16- Contract integrity and nullification of clauses

The present general terms and dependent clauses (security, payment, delivery, guarantee, after-sales service) constitute the rights and obligations of the parties in their entirety for all orders of Products using the Internet. No general or specific term of sale supplied by the Customer may be incorporated into the present General Terms of Sale. If one or more clauses of the present general terms of sale should be deemed null and void or be declared to be so by application of a law, regulation or final decision by a competent legal authority, all other provisions continue to carry their full effect.

17 - Reserve of ownership clause

Supplying an order to pay does not constitute payment. The following provisions in no way affect the transfer to the Customer of liability in respect of loss or damage. Costs relating to recovery in such cases remain at the Customer's expense. In the event of failure to pay all or part of the order, Violet reserves the right of ownership on all Products sold enabling them to repossess said Products until they have been fully paid for. Any deposit paid by the Customer remains to the account of Violet as a lump sum compensation payment without this in any way affecting Violet's right to further action against the Customer in respect of non-payment.

18 - Applicable law - Jurisdiction

Any dispute arising from the order, including completion, interpretation, validity or cancellation of the order, will be governed by French law (applicable for both form and content) except for the provisions of the Vienna Convention of April 11 1980 on the international sale of goods. Any dispute relating to the interpretation of application of the present terms of sale must in all cases, including class actions and guarantee claims, be presented before the courts of Paris, france.

19 - CURRENT PRICE LIST

The current price list may be consulted at the following Nabaztore link: http://store.nabaztag.com/eu

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