GENERAL CONDITIONS OF SALE - Effective from January 1, 2020, across the entire SITE (Hammon Law)

These general conditions of sale (hereinafter the “General Conditions”) apply to any purchase made by an internet user or individual (hereinafter the “CUSTOMER”) on the website http://www.redbrokoly.com (hereinafter the “SITE”), operated by QUIDD INC, Unit 2597 - 483 Green Lanes, London, N13 4BS, United Kingdom - email: [email protected] (hereinafter the “SELLER”).

Any purchase on the site www.redbrokoly.com automatically implies acceptance of all of these conditions.

IMPORTANT

Any order placed on the SITE necessarily implies the CUSTOMER’s unconditional acceptance of these general conditions of sale.

Article 1. DEFINITIONS

The terms used below have the following meanings in these General Conditions:

• "CUSTOMER": Refers to the co-contractor of the SELLER, who guarantees to qualify as a consumer as defined by French law and jurisprudence. It is expressly stated that the CUSTOMER acts outside any usual or commercial activity.

• "DELIVERY": Refers to the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated during the order.

• "PRODUCTS": Refers to all products available on the SITE.

• "TERRITORY": Refers to mainland FRANCE, including Corsica (excluding DOM/TOM).

Article 2. PURPOSE

These General Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.

The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers, and professionals must contact the SELLER’s sales department to benefit from separate contractual conditions.

Article 3. ACCEPTANCE OF GENERAL CONDITIONS

The CUSTOMER agrees to read these General Conditions carefully and to accept them before proceeding to the payment for any order of PRODUCTS placed on the SITE.

These General Conditions are accessible at the bottom of each page of the SITE via a link and must be reviewed before placing an order. The CUSTOMER is encouraged to read, download, and print the General Conditions and to retain a copy.

The SELLER advises the CUSTOMER to read the General Conditions for each new order, as the latest version of the Conditions will apply to any new PRODUCT orders.

By clicking on the first button to place the order and then on the second to confirm the order, the CUSTOMER acknowledges having read, understood, and accepted the General Conditions without limitation or reservation.

Article 4. ACCOUNT CREATION - PURCHASING PRODUCTS ON THE SITE

To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and possess legal capacity or, if a minor, must have the consent of their legal guardian.

The CUSTOMER will be required to provide identification information by completing the form available on the SITE. Fields marked with an asterisk (*) are mandatory for processing the order. The CUSTOMER can check their order status on the SITE. DELIVERY tracking, if available, may also be done using the carriers' online tracking tools. The CUSTOMER may contact the SELLER's customer service at [email protected] to obtain order status information at any time.

All information provided by the CUSTOMER when placing an order must be complete, accurate, and current. The SELLER reserves the right to request verification of the CUSTOMER's identity, eligibility, and information by any suitable means.

Article 5. ORDERS

5.1. Product Specifications

The SELLER strives to present the primary characteristics of the PRODUCTS clearly (in the information sheets available on the SITE) and to include the mandatory information the CUSTOMER must receive under applicable law (included in these General Conditions).

The CUSTOMER agrees to read this information carefully before placing an order on the SITE.

The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE based on supplier limitations.

Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.

5.2. Order Process

Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps below. (Note: steps may vary slightly based on the CUSTOMER's starting page.)

5.2.1. Selection of PRODUCTS and Purchase Options

The CUSTOMER selects desired PRODUCT(s) by clicking on each PRODUCT and choosing the preferred characteristics and quantities. Once selected, the PRODUCT is added to the CUSTOMER's basket, where they may add as many PRODUCTS as they wish.

5.2.2. Order Review

After selecting the PRODUCTS, the CUSTOMER should click on their basket to verify the order's content. If not previously done, they will be prompted to log in or register.

Upon validating the basket's contents and logging in or registering, an online form will display the total price, applicable taxes, and, if applicable, delivery fees.

The CUSTOMER is invited to review the order details (quantity, characteristics, references of PRODUCTS ordered, billing address, payment method, and price) before finalizing.

The CUSTOMER may then proceed with payment by following SITE instructions and providing the necessary billing and DELIVERY information.

For PRODUCTS with available options, specific references will appear once the right options are selected.

Orders must include all information required for proper processing and specify the chosen delivery method.

5.2.3. Order Confirmation

Once the steps above are completed, an acknowledgment page appears on the SITE. An email copy of this acknowledgment is sent to the CUSTOMER, provided the email address in the registration form is correct.

The SELLER does not send order confirmations by mail or fax.

5.2.4. Invoicing

During the ordering process, the CUSTOMER must enter the billing information required for processing (* indicates mandatory fields).

The CUSTOMER should provide precise DELIVERY details, including the DELIVERY address and any access codes.

The CUSTOMER must then specify their preferred payment method.

Neither the online order form nor the email acknowledgment constitute an invoice. The original invoice will be provided upon DELIVERY inside the package.

5.3. Order Date

The order date is when the SELLER acknowledges receipt of the order online. The deadlines shown on the SITE only begin to run from this date. The delivery times listed on product pages are indicative and theoretical (they exclude holidays, product personalization, etc.). The estimated delivery date is in the "My Orders" tab in the CUSTOMER’s account (not applicable if the order was placed outside the SITE or without an account).

5.4. Pricing

For all PRODUCTS, the SITE displays prices in euros, inclusive of all taxes, as well as applicable delivery fees (based on package weight, delivery address, and chosen carrier or transport mode).

Prices include VAT at the rate in effect on the order date. Any changes in VAT rates will affect PRODUCT prices from the effective date of the new rate.

SELLER’s suppliers’ prices may vary, which could lead to price adjustments on the SITE. Prices may also change for special offers or sales.

The displayed prices are valid barring typographical errors. The applicable price is the one shown on the SITE when the order is placed by the CUSTOMER.

5.5. Availability of PRODUCTS

The SELLER manages stock on a "just-in-time" basis, and PRODUCT availability and delivery times depend on the SELLER's stock and production times (up to three phases).

The SELLER commits to fulfilling orders provided the PRODUCTS are available.

The SELLER will deliver products on a first-come, first-served basis.

If a PRODUCT is unavailable, this is generally noted on the PRODUCT page. CUSTOMERS may also be notified when a PRODUCT is restocked.

If unavailability was not indicated at the order time, the SELLER will inform the CUSTOMER without delay.

The SELLER may offer the CUSTOMER the following options:

• Ship all PRODUCTS together once out-of-stock items are restocked
• Send available PRODUCTS first, then the rest when available, with any applicable additional transport costs clearly outlined
• Offer an equivalent product in quality and price, if the CUSTOMER agrees

If the CUSTOMER opts to cancel unavailable PRODUCTS before production begins (phase 1 or phase 2), they will receive a full refund within 30 days of payment.

By default, all orders are NON-REFUNDABLE for MASCOTS products. Orders for customizable products are NON-REFUNDABLE.

Administrative fees for complaints are €40, non-refundable, and automatically deducted from any refund amount.

Article 6. Right of Withdrawal

Details on the right of withdrawal are provided in the "withdrawal policy," available in Annexe 1 and accessible at the bottom of each SITE page via a hyperlink.

Article 7. PAYMENT

7.1. Payment Methods

The CUSTOMER may pay for their PRODUCTS online using the methods provided by the SELLER.

The CUSTOMER guarantees that they possess all authorizations needed to use the chosen payment method.

The SELLER ensures the security and confidentiality of data transmitted during online payments on the SITE.

All payment information on the SITE is sent directly to the SITE’s bank and is not processed on the SITE itself.

7.2. Payment Date

For single payments by credit card, the CUSTOMER’s account is debited when the order is placed.

In cases of partial DELIVERY, the total amount will be debited when the first package is shipped. If the CUSTOMER cancels unavailable PRODUCTS, the refund is processed per article 5.5.

7.3. Payment Delay or Refusal

If the bank declines a payment, the CUSTOMER must contact SELLER’s Customer Service to use an alternative payment method.

If, for any reason, payment is unsuccessful, the order will be canceled, and the sale terminated.

Article 8. Proof and Archiving

• Order Archiving: Contracts over €120 (including tax) will be archived for 10 years.
• Client Access: The SELLER can provide copies of archived contracts on request.
• Reliability in Dispute: The SELLER’s tracking system ensures transaction integrity.

Article 9. Transfer of Ownership

• Ownership Retention: SELLER retains ownership of PRODUCTS until full payment.
• Risk Transfer: At receipt, the CUSTOMER or designated third party assumes risk of loss or damage.

Article 10. Delivery

• Delivery Terms: DELIVERY details are available in the "delivery policy" at the bottom of each SITE page.

Article 11. Packaging

• Packaging Standards: PRODUCTS are packaged for maximum protection. CUSTOMERS must follow the same standards for returns under the withdrawal policy.

Article 12. Guarantees

12.1. Conformity Guarantee

• Compliance: SELLER ensures PRODUCTS meet expected standards and match SITE descriptions.
• Claims Period: Conformity claims are valid for 2 years from DELIVERY.
• Remedies: CUSTOMER may request replacement, repair, or refund if repair/replacement is unfeasible.

12.2. Hidden Defects Guarantee

• Scope: Covers defects making the PRODUCT unfit or significantly reducing its utility.
• Remedies: CUSTOMER may seek full or partial reimbursement.
• Claim Period: Hidden defects claims must be made within 2 years of defect discovery.

Article 13. Liability

• SELLER Liability: Not liable for CUSTOMER errors (e.g., order entry issues) or force majeure delays/non-performance.
• External Links: SELLER is not responsible for content on third-party websites linked from the SITE.

Article 14. Personal Data

• Data Collection: SELLER collects CUSTOMER data via SITE and cookies, which can be disabled through browser settings.
• Usage: Data used for order processing, account management, and—if opted in—marketing communications.
• Confidentiality: Data is kept confidential as per SELLER’s CNIL declaration.
• Third-Party Sharing: With consent, data may be shared with SELLER’s partners.
• Rights: Under French law, CUSTOMERS may access, correct, or delete their data by emailing proof of identity to [email protected].

Article 15. Complaints

• Submission: Complaints should be sent to [email protected] with the subject "REC-Order number" for faster processing.

Article 16. Intellectual Property

• SITE Content: Visual, audio, and technological elements are SELLER’s property, protected by copyright and trademarks.
• Linking Policy: Direct linking requires SELLER’s written consent. Framing or in-line linking techniques are prohibited.

Article 17. Validity of General Conditions

• Legal Changes: Legislative or court changes do not invalidate these terms. Unaddressed terms follow standard French retail practices.

Article 18. Modification of General Conditions

• Updates: General Conditions apply while the SITE is live. Updates do not affect orders already placed, as the terms in force at the order time apply.

Article 19. Governing Law and Disputes

• Jurisdiction: Governed by French law; French courts hold jurisdiction.
• Dispute Resolution: Parties must attempt negotiation before legal action. Notification of conflict is done via registered letter. After 15 days without resolution, the issue may be taken to court.

Article 20. Newsletter

• The SELLER publishes a regular newsletter that customers can subscribe to for updates on new services and offers.
• Customers can unsubscribe at any time via a link in the newsletter.
• Customers can also opt to receive offers from SITE partners during account creation or in the "My account" preferences section.

Article 21. Facebook

• The SELLER offers services using Facebook functionalities.
• When a customer visits a page with a Facebook plug-in, their browser connects to Facebook, notifying it of the visit.
• If the customer is logged into Facebook, their visit can be linked to their Facebook account.
• Interactions with Facebook (like clicking the "Like" button) will send information to Facebook servers.
• To prevent linking their activity, customers should log out of Facebook before visiting the SITE.

Article 22. Payment Validation

• Payments are validated as follows:
  • By credit card or bank transfer upon receipt of requested information.
  • By third-party payment upon generation of a transaction number.

Article 23. Internet Fraud Prevention

• Order information is processed automatically to assess transaction security and combat fraud.
• The SELLER and its service provider will handle this data.
• If an order is deemed risky, it may be canceled.
• Customers have the right to access and correct their data as per the Data Protection Act.

Appendix 1: Withdrawal Policy

• Customers have the right to withdraw from the contract and return products within 14 days.
• Notification must be sent to the SELLER via email or a withdrawal form.
• Refunds will be issued within 14 days using the original payment method.
• Customers must return products in original condition and packaging, covering return shipping costs.
• The right of withdrawal is excluded for certain items (e.g., personalized goods, opened software, etc.).

Appendix 2: Delivery Policy

• Products are only delivered within the specified TERRITORY.
• Delivery timelines and costs are outlined on the SITE and are indicative.
• Orders must be signed for upon delivery; a card will be left if the customer is absent.
• The SELLER is responsible until the product is delivered.
• Customers must report any delivery issues within 3 days.

Appendix 3: Manufacturing

• Products are manufactured in Asia; refer to Appendix 2 for delivery details.

Appendix 4: DOM / TOM and Foreign Orders

• Orders from DOM/TOM or outside the TERRITORY are non-exchangeable and non-refundable.

Appendix 5: Marketplace Orders

• Orders from marketplaces (like FNAC, eBay, etc.) are also non-exchangeable and non-refundable.

Appendix 6: Visuals

• Product photos on the SITE are non-contractual; actual mascots may differ from images.
• BATs (special items) are not included and are now priced at 150 euros each.