Terms and conditions of use of BigStuffed’s website
As the context requires, references to “Website” in these Terms and Conditions shall also include Applications as applicable.
Please read these Terms and Conditions carefully and make sure that you understand them, before using the Website.
1. Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "we", "us" or "our", we mean BigStuffed SASU. Where we refer to "you" or "your" we mean you, the person using the Website.
We have used headings and paragraph numbers to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Website, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you intend to order any products and services made available by us for purchase over the Website, to ensure you understand the legal terms which apply at that time).
2. About us
2.1. We are BigStuffed SASU and we operate the Website.
2.2. We are a company registered in France and our registered office is at 10 rue de Crussol, 75011 Paris, France. Our registered company number (SIRET) is 809 827 272 00034 and our VAT number is FR 40 809827272.
2.3. The publisher and director of publication of the Website is Bigstuffed SASU ( email@example.com - 10 rue de Crussol - 75011 - Paris - France - +33 184.108.40.206.76 )
2.4. The hosting service provider of the Website is Shopify ( https://fr.shopify.com/contact )
2.5. We provide any products made available by us for purchase over the Website to you through the Website. Further details of the products and services we provide are set out in section 3 below.
2.6. When you purchase the products and services using the Website, you are purchasing them from us.
3. Our products and services
3.1. The products and services we offer allow retail consumers to search through the Website and to purchase any of our stuffed toys and accessories directly from our Website.
3.2. The contract for the purchase of the products and services is between you and us. This means that it is us who is legally responsible for selling the products and services to you.
3.3. In order to use the services on the Website, you must be over 18 years of age.
3.4. We attempt to be as accurate as possible in the description of our products and services. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the products and services on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products.
3.5. As a consumer, you have legal rights in relation to products and services that are faulty or not as described. Advice about your statutory legal rights is available from your local Direction Départementale de la Protection des Populations or the Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF) or the equivalent in your country (if any). Nothing in these Terms and Conditions will affect your statutory rights as a consumer.
3.6. The products and services sold by us are supplied for your domestic and private use only. You agree that you will not use the products and services for any commercial, business or re-sale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. Our liability in relation to the products and services
4.1. In relation to the products and services offered on our Website, we do not in any way exclude or limit our liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability which cannot be limited by law.
4.2. Subject to sub-clause 4.1. above, if, in providing the products and services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the products and services.
4.3. Subject to sub-clause 4.1. and 4.2. above, the aggregate liability under these Terms and conditions of BigStuffed SASU, in providing the products and services to you, whether arising under contract, tort (including negligence), breach of statutory duty or otherwise, shall in no event exceed 100% of the price of the products you have ordered from BigStuffed SASU.
5. Orders, prices and payment
5.1. As far as the purchase of products and services is concerned, the steps you need to take to place an order with us are explained on our terms and conditions of sale of the Website, available here.
6. The Website
6.1. This section sets out the rules that apply to your use of the Website (whether or not you use it to order the products and services or just to browse).
6.2. By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
6.3. If you continue to use the Website and/or if you order any products and services made available by us for purchase over the Website, we will take this as your acceptance of these Terms and Conditions.
Access to the Website
6.4. The Website is made available free of charge. You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
6.5. Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
6.6. We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website at our sole discretion, in particular for repairs, maintenance or the introduction of new content. However, we will attempt to restore the Website for use as soon as we reasonably can. Examples of when we may so deny you access include but are not limited to where we believe that your use of the Website is in violation of these Terms and Conditions, any law or the rights of any third party or was not respectful to others.
6.7. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
6.8. We cannot promise that the Website will be fault free. If a fault occurs with the Website, you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we can.
6.9. When you visit the Website, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we send to you electronically, satisfy any legal requirement that same communications be in writing.
(b) Your conduct
6.9. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
6.10. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
6.11. Any material that you upload to the Website for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties and such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or of their right to privacy.
6.12. You must not use the Website for any of the following:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- To send, use or reuse any material that is:
(i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or
(ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or
(iii) otherwise injurious to third parties, and/or (
iv) objectionable, and/or
(v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";
- To cause harm, annoyance, inconvenience or needless anxiety to any person;
- To do some market research and, in particular, to submit, many times and in repeated manner, some snapshots in order to obtain the prices of the products and services sold by us, without having any desire to buy those products and services. We reserve our right to ban you from using any snapshot function, on the Website, if we think that you are using the snapshot function for a purpose other than purchasing a product or service sold by us.
6.13. Breaching these provisions would constitute a criminal offence under the French criminal code, the Data Protection Act No. 78-17 dated 6 January 1978 (Loi informatique et libertés) and the Postal and Electronics Communications Code (Articles L. 34-1 et seq and Articles R. 10-12 et seq.). We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
6.14. We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.
6.15. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
(d) Our liability in relation to the Website
6.16. We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
6.17. In relation to the Website, we will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:
use of, or inability to use, the Website; or
(ii) use of or reliance on any content displayed on the Website.
6.18. Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.19. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
6.20. In relation to the Website, we do not in any way exclude or limit our liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability which cannot be limited by law.
6.21. We will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and you hereby agree to be responsible to us for and indemnify us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Website.
7.2. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data by us and you warrant that all data provided by you is accurate.
8. Intellectual property, software and content
8.1. We are the owner or the licensee of all intellectual property rights in the Website and its content (such as, inter alia, web pages, designs, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, diagrams, layouts, and software including the presentation and compilation of the same) ("Content"). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
8.2. The "BigStuffed" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our products, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of BigStuffed SASU and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
8.3. You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website without our prior written consent.
8.4. Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us.
9. Other important information
9.1. Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
9.2. Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
9.3. Assignment, subcontracting, etc –We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms and Conditions provided that your rights under these Terms and Conditions are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms and Conditions without our consent in writing.
9.4. Amendments to these terms – We reserve the right to make changes to these Terms and Conditions at any time. You, and any contract of sale between us, will be subject to the version of these Terms and Conditions in force at the time you order the products and services in question from us.
9.5. Governing law and jurisdiction - These Terms and Conditions are governed by French law. The courts of France shall have exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
9.6. Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
9.7. Events outside of our control - We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
9.8. Written communication - Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This paragraph does not affect your statutory rights.
9.9. Notices – All notices given by you to us must be sent to BigStuffed SASU, 10 rue de Crussol 75011 Paris, France or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph (Written communication) above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise.
9.10. Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise.
If you have any questions regarding the Website or the Terms and Conditions, or in the unlikely event that you have any complaints about any products and services purchased by you from the Website, please let us know and contact us at:
10 rue de Crussol 75011 Paris, France or firstname.lastname@example.org
Please see our "Help & Contact Us" page (available by following this link https://www.bigstuffed.com/pages/contact for details of how to get in touch with us.
Pursuant to the EU regulation 524/2013 on online dispute resolution for consumer disputes, we also set out an accessible electronic link to the European Union Online Dispute Resolution (“ODR”) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage