Article L211-4

Le vendeur est tenu de livrer un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance.

Il répond également des défauts de conformité résultant de l’emballage, des instructions de montage ou de l’installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité.

Article L211-5

Pour être conforme au contrat, le bien doit :

1° Etre propre à l’usage habituellement attendu d’un bien semblable et, le cas échéant :

– correspondre à la description donnée par le vendeur et posséder les qualités que celui-ci a présentées à l’acheteur sous forme d’échantillon ou de modèle ;

– présenter les qualités qu’un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l’étiquetage ;

2° Ou présenter les caractéristiques définies d’un commun accord par les parties ou être propre à tout usage spécial recherché par l’acheteur, porté à la connaissance du vendeur et que ce dernier a accepté.

Article L211-6

Le vendeur n’est pas tenu par les déclarations publiques du producteur ou de son représentant s’il est établi qu’il ne les connaissait pas et n’était légitimement pas en mesure de les connaître.

Article L211-7

Les défauts de conformité qui apparaissent dans un délai de six mois à partir de la délivrance du bien sont présumés exister au moment de la délivrance, sauf preuve contraire.

Le vendeur peut combattre cette présomption si celle-ci n’est pas compatible avec la nature du bien ou le défaut de conformité invoqué.

Article L211-8

L’acheteur est en droit d’exiger la conformité du bien au contrat. Il ne peut cependant contester la conformité en invoquant un défaut qu’il connaissait ou ne pouvait ignorer lorsqu’il a contracté. Il en va de même lorsque le défaut a son origine dans les matériaux qu’il a lui-même fournis.

Article L211-9

En cas de défaut de conformité, l’acheteur choisit entre la réparation et le remplacement du bien.

Toutefois, le vendeur peut ne pas procéder selon le choix de l’acheteur si ce choix entraîne un coût manifestement disproportionné au regard de l’autre modalité, compte tenu de la valeur du bien ou de l’importance du défaut. Il est alors tenu de procéder, sauf impossibilité, selon la modalité non choisie par l’acheteur.

Article L211-10

Si la réparation et le remplacement du bien sont impossibles, l’acheteur peut rendre le bien et se faire restituer le prix ou garder le bien et se faire rendre une partie du prix.

La même faculté lui est ouverte :

1° Si la solution demandée, proposée ou convenue en application de l’article L. 211-9 ne peut être mise en oeuvre dans le délai d’un mois suivant la réclamation de l’acheteur ;

2° Ou si cette solution ne peut l’être sans inconvénient majeur pour celui-ci compte tenu de la nature du bien et de l’usage qu’il recherche.

La résolution de la vente ne peut toutefois être prononcée si le défaut de conformité est mineur.

Article L211-11

L’application des dispositions des articles L. 211-9 et L. 211-10 a lieu sans aucun frais pour l’acheteur.

Ces mêmes dispositions ne font pas obstacle à l’allocation de dommages et intérêts.

Article L211-12

L’action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien.

Article L211-13

Les dispositions de la présente section ne privent pas l’acheteur du droit d’exercer l’action résultant des vices rédhibitoires telle qu’elle résulte des articles 1641 à 1649 du code civil ou toute autre action de nature contractuelle ou extracontractuelle qui lui est reconnue par la loi.

 Article 1641

Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus.

Article 1642

Le vendeur n’est pas tenu des vices apparents et dont l’acheteur a pu se convaincre lui-même.

Article 1643

Il est tenu des vices cachés, quand même il ne les aurait pas connus, à moins que, dans ce cas, il n’ait stipulé qu’il ne sera obligé à aucune garantie.

Article 1644

Dans le cas des articles 1641 et 1643, l’acheteur a le choix de rendre la chose et de se faire restituer le prix, ou de garder la chose et de se faire rendre une partie du prix, telle qu’elle sera arbitrée par experts.

Article 1646

Si le vendeur ignorait les vices de la chose, il ne sera tenu qu’à la restitution du prix, et à rembourser à l’acquéreur les frais occasionnés par la vente.

Article 1647

Si la chose qui avait des vices a péri par suite de sa mauvaise qualité, la perte est pour le vendeur, qui sera tenu envers l’acheteur à la restitution du prix et aux autres dédommagements expliqués dans les deux articles précédents.

Mais la perte arrivée par cas fortuit sera pour le compte de l’acheteur.

Article 1648

L’action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice.

Dans le cas prévu par l’article 1642-1, l’action doit être introduite, à peine de forclusion, dans l’année qui suit la date à laquelle le vendeur peut être déchargé des vices ou des défauts de conformité apparents.

GENERAL TERMS OF SALE

These general terms are presented in French.

A literal translation into another language may be provided for informational purposes.

The French version prevails.

Seller

Between The Association Festiv’at Home,

Registered at French RNA W343028900

Represented by Ms Guazzagaloppa Florence

as President,

duly authorized for the purposes hereof.

The association can be reached by email at doll.festivathome@gmail.com

Hereinafter the «Seller».

Firstly,

Buyer / Customer

And the natural or legal person purchasing products or services from the Association,

Hereinafter, «the Buyer», or «the Customer»

On the other hand,

These conditions are addressed to a consumer who has full legal capacity. These conditions apply to all orders you place with the Association.

The following was stated and agreed:

Preamble

The Seller is the publisher of Products and Services dedicated to informing and promoting the universe of artist and collectible dolls intended for consumers, marketed through its website (https: // festiv-at -home.com/).

The list and description of the goods and services offered by the association can be viewed on the websites

mentioned above.

General rules

Article 1 : Object

These General Terms of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.

These General Terms of Sale (GTS) govern the sales of Products or Services, made through the websites and Internet networks of the Association, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order.

The Seller reserves the right to modify these conditions at any time by publishing a new version on its website. The GTS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) for the order. These GTS can be viewed on the festiv-at-home.com website at the following address: https://festiv-at-home.com/conditions-generales-de-vente/

The Association also ensures that their acceptance is clear and unreserved either by setting up a checkbox and clicking on validation, or by written agreement from the customer. The Customer declares to have read all of these General Terms of Sale, and, where applicable, the Specific Terms of Sale related to a product or a service, and to accept them without restriction or reservation.

Acceptance of the order by the Customer constitutes conclusion of the sales contract and correlatively acceptance of the price, description, quantity of the products and of the clauses contained in the General and Specific Terms of Sale. The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs.

The Customer declares to be able to legally contract under French law or validly represent the natural or legal person for whom he is committed.

Unless proven otherwise, the information recorded by the Association constitutes proof of all transactions.

Article 2 : Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series

steps to conclude the contract electronically to be able to place an order:

– Information on the essential characteristics of the Product

– Choice of the Product, if applicable, of its options

– Indication of the essential contact details of the Customer (identification, email, address, etc.)

– Acceptance of these General Terms of Sale

– Verification of the elements of the order and, if necessary, correction of errors.

– Before proceeding with its confirmation, the Buyer has the option of checking the details of his order, its price, and correcting any errors, or canceling his order.

– The confirmation of the order will constitute the formation of this contract.

– Then follow the instructions for payment, payment for the products, then delivery of the order.

– The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it.

– He will receive a .pdf copy of these general terms of sale.

The customer will have the opportunity during his ordering process to identify any errors made in entering data and to correct them. The official language proposed for the conclusion of the contract is the French language.

The terms of the offer and the general terms of sale are sent by email to the buyer when ordering and archived by the Seller.

Archiving of communications, order, order details, as well as

invoices is made on a reliable and durable medium so as to constitute a faithful copy and

durable in accordance with the provisions of Article 1360 of the Civil Code. This information may

be produced as proof of the contract.

For delivered products, delivery will be made to the address indicated by the Customer. For the purpose of good completion of the order, the Customer agrees to provide their true identification information.

The Seller reserves the right to refuse the order, for example for any request abnormal, carried out in bad faith or for any legitimate reason.

The seller reserves the right to refuse an order if the consumer does not appear to be showing honesty. All mandatory information must be completed to make the order valid. The information entered must be correct, complete and without desire for deception or disloyalty to the seller.

The seller reserves the right to refuse an order if the consumer does not seem to wish to respect these General Terms of Sale, or French law.

2.1 Validating process

After sending your duly completed form (Product, contact details and consents), and to the extent of available stocks, you will shortly receive a confirmation by email that your order has been taken into account, the data entered and the payment procedure for validation. At this stage, you can check the data entered and correct them if necessary.

An estimate is proposed to you according to the choices that you will have informed earlier. If you accept this quote your order will be validated as soon as payment has been made.

In the event of payment in installments chosen by the buyer (if the option is offered), the order will be recorded after payment of the first installment agreed in the quote, and definitively validated after full payment of the total amount due.

In this case, the estimate will also specify the dates on which payments are expected. It is up to the buyer to honor the regulations to which he has agreed.

The products remain the property of the Association until full payment of the price. Services are only due after full payment of the price.

Failure to pay a due date will automatically be considered a unilateral breach of this contract by the customer, none of the sums previously received will be returned to the buyer for breach of his commitment and the order will be canceled.

Too many simultaneous orders can justify the end of an offer before the scheduled date, to avoid the consumer buying a product whose stock is no longer or will not be available.

By validating your order, YOU ACKNOWLEDGE THAT YOU HAVE READ and UNDERTAKE to comply with these Terms of Sale, as well as the Special Conditions of Sale specific to the product / service chosen, which have been communicated to you. 

2.2 Errors identification

You have the option at any time to identify and correct your errors made when entering your data. When you notice an error after the conclusion of the contract, you must contact us by email at doll.festivathome@gmail.com

When communicating the quote, there is a reminder of your details entered, if you notice an error, let us know, because this data will be used for shipping the products. If you have not corrected an error in your contact details we cannot be held responsible for delivery errors. Any costs of recovering the product and forwarding it will be the responsibility of the customer.

2.3 Archiving methods and access to the contract

We will carry out a computer archiving of contracts submitted by forms and by email.

You have the right to communicate the information transmitted. Requests should be made by email to

doll.festivathome@gmail.com

Article 3 : Price

The prices of the products / services are indicated in EUROS excluding postage and bank charges (Paypal) (unless an explicit mention mentions the contrary), and precisely determined on the descriptive pages of the aforementioned products and services.

The total price of your order is indicated on the personalized quote sent to you for validation or on the order validation page.

Payment is due immediately upon ordering, including for pre-order products..

If you request delivery outside French territory, your order may be subject to possible taxes and customs duties when it arrives at its destination.

These rights and sums are not the responsibility of the Seller.

They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). As such, we invite the buyer to inquire about these aspects from the corresponding local authorities.

You should also check the possibilities of importing or using the products you order in the country of destination.

The Association reserves the right to modify its prices at any time for the future.

These are likely to change depending on the increase in the price of raw materials, postal rates, production costs, etc.

The telecommunications costs necessary to access the Company’s websites are the responsibility of the Customer.

Article 4 : Products and services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the Association’s website, as well as, where applicable, the method of use of the product. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and the special terms of sale and of the execution of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page or in the quote email intended to validate the order.

The selling price of the product or service is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Buyer during the sales process, and

in any event at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies having received a detail of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal and electronic contact details, and to his activities

in the context of this sale.

The Seller agrees to honor the Customer’s order within the limits of available stocks only.

Failing this, the Seller informs the Customer thereof before validation; or if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the customer.

The contractual information is presented in detail and in French (prevailing version). The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company’s website, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless conditions

specific, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).

Specifics of stand reservation: The purchase of the «stand reservation» service for the Festiv’at Home gives you the status of Member within the Association. As such, you have an advisory opinion on the management of the association without any voting power.

Article 5 : Legal and contractual guarantees

5.1 Legal guarantee (conformity and hidden defects)

In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCS meet the requirements in force relating to the safety and health of persons, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.

In accordance with Article L.217-4, the seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from assembly or installation when it has been charged to it by the contract or has been carried out under its responsibility.

Products: In accordance with the legal provisions in force relating to the conformity of the good with the contract, in terms of hidden defects, we repair or exchange any part of the product apparently defective, damaged or damaged or not corresponding to your order. This clause does not concern transport damage but many faults that could have escaped us until the product has been shipped.

If exchange or repair is impossible, the Association undertakes to reimburse the defective product.

Services: If the purchased service cannot be provided, the purchaser will be reimbursed for their purchase.

In the event of a problem of non-compliance or a hidden defect, please contact us so that we can determine the procedure to follow. If the case is considered to be a proven hidden defect or a lack of conformity, we will ask you to return the complete product to us in the condition received with all the elements, at our expense, in order to repair or exchange the product or defective part.

5.2 Responsibility

We do everything possible to satisfy you. We are responsible for the proper execution of these general conditions. However, our responsibility cannot be incurred due to a fortuitous event, a case of force majeure, the unforeseeable and insurmountable fact of a third party to the contract or due to the non-compliance of the product with foreign legislation in the event of delivery in a country other than France.

In this specific case refer to the “force majeure” part of these present conditions.

We are not responsible for the wear and tear of the item over time, or its degradation due to misuse.

Article 6 : Delivering

6.1 Terms of delivery

The products are delivered to the delivery address that was indicated by the customer when ordering and within the deadlines indicated in the specific conditions specific to the product. These times do not take into account the time taken to prepare the order.

Each product is carefully packaged and protected to avoid the risk of breakage and damage.

When the Customer orders several products at the same time with different delivery times, we will agree together on the shipping terms:

– Separate shipment, adapted separate shipping costs, and separate deadlines

– Sending attached to the deadline for the product available the latest, only one adapted postage

We cannot be held responsible for delays, losses and damage to delivery services.

Customs, import-export

Festiv’at Home ships the products from FRANCE (EU country). Please inquire about the import rules in your destination country. You are solely responsible for the costs and taxes related to the importation of a product into your country.

6.2 Delivery delay

Purchase of goods: The products sold by the Association are not products «in stock» but products on order. The delivery time is therefore subject to the manufacturing / receipt time from the supplier. Delivery times are estimated and defined according to the product ordered, in the Special Terms of the product. When your order is ready to ship, we will notify you by email.

Purchase of services: The services offered by the association take place on specific dates mentioned in the descriptive pages.

In the event of a delay in delivery, we will notify you by email as soon as possible.

In case of unavailability of the ordered product, we will inform you as soon as possible.

6.3 Shipping cost

Delivery costs depend on the weight of your package, the place of destination, and the compensation options chosen. We entrust our shipments to French LA POSTE (letter, Colissimo, EMS agent). It may happen that in certain cases we use a private delivery provider (DHL, FedEx, UPS), in particular in the event of unavailability of the usual provider or express request of the customer. In this case, the shipping costs will be calculated accordingly.

6.4 Delivery tracking

You can contact us by email for any questions relating to your delivery.

A tracking number is systematically issued when a package is shipped so that it can be tracked until receipt.

For letter shipments, tracking is only available if you have chosen the “letter followed” option.

Article 7 : Payment and security

Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by PAYPAL.

Payment is made on their secure server. This implies that no banking information concerning you passes through our site and your financial information is not communicated to us.

Indeed, PayPal encrypts and protects your card / account number. Pay online by simply entering your email address and password.

Payment by Paypal account is therefore perfectly secure.

Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information.

The Customer confirms that he is the legal holder of the account to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the account, the Sale is immediately terminated as of right and the order canceled.

Article 8 : Exercise of the right of withdrawal

THE RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, without payment penalties, within fourteen (14) days of the date of receipt. of his order. In the event of withdrawal, we will reimburse all sums paid no later than 30 days following receipt of the returned product. On our proposal, you can also opt for another method of reimbursement (Credit note).

The deadline runs from the day of the conclusion of the contract, for contracts for the provision of services

of the receipt of the goods by the consumer.

We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for products made to order, personalized, according to the consumer’s particular specifications.

Raffle ticket purchases, (like all gambling contracts) are not subject to the right of withdrawal, are final and will not be cancelled or refunded.

No such requests will be entertained, especially after the draw has taken place.

RETRACT

Before returning any product, please send us your request by email.

If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased and the shipping costs will be reimbursed, with the return costs remaining the responsibility of the Customer.

In accordance with legal provisions, you will find below the standard withdrawal form to send us by email to doll.festivathome@gmail.com

Subject: Exercise of my legal right of withdrawal

I, the undersigned (full name of the customer), hereby notify you of my withdrawal from the contract for the sale of the good / service (product description) ordered on (date) / received on (date)

Reminder of contract information:

• Full customer details (name, address, email, phone)
• Product (s) and options
• Settled price
• Means of payment
• Payment date

Date

PRODUCT RETURN

After receipt of your request, we will communicate the procedure and contact details for returning your product.

Product returns must be made in their original condition and complete (packaging, accessories, certificates, etc.). If possible, they should be accompanied by a copy of the proof of purchase.

The return costs remain the responsibility of the Customer.

Article 9 : Intellectual Property Rights and Copying Prohibited

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No assignment of intellectual property rights is made through these GTS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 10 : Force Majeure

The performance of the seller’s obligations at the end of these presents is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible. The consequences in these particular cases will be provided for in the specific conditions of sale of the goods or services concerned.

Article 11 : Protection of personal data

We collect your nominative and personal information for the management of your orders and the follow-up of our contractual relations. They can be transmitted to our partners exclusively for the execution of your orders (sale, delivery, etc.), in accordance with these general terms.

The information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, otherwise the order could not be placed. No automated decisions or profiling are implemented through the ordering process.

In accordance with the Data Protection Act of January 6, 1978, you have the right to access, delete, rectify and oppose your personal data. You just have to write to us by e-mail, indicating your request and your name, first name, e-mail address.

For more details refer to the «confidentiality policy» section of the site’s legal notices.

Article 12 : Applicable law and competent jurisdiction

All the clauses appearing in these general terms of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.

The nullity of a contractual clause does not entail the nullity of these general terms of sale.

In the event of a dispute on the substance or on the form, the French courts will have sole jurisdiction.

Article 13 : Contact us

If you wish to contact us, we remain at your disposal

A contact email address: doll.festivathome@gmail.com

Article 14 : Informations des consommateurs

Aux fins d’information des consommateurs, les dispositions du code civil et du code de la

consommation sont reproduites ci-après :

Annex 1 :

Provisions of the Consumer Code – Legal guarantee of conformity

Article L211-4

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L211-5

To comply with the contract, the good must:

1 ° Be suitable for the use usually expected of a similar good and, where applicable:

– Correspond to the description given by the seller and possess the qualities that he presented to the buyer in the form of a sample or model.

– Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L211-6

The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.

Article L211-7

Lacks of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

The seller can challenge this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.

Article L211-8

The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by citing a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials which it itself supplied.

Article L211-9

In the event of a lack of conformity, the buyer chooses between repair and replacement of the property.

However, the seller may not proceed according to the buyer’s choice if this choice results in a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L211-10

If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.

The same faculty is open to him:

1 ° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer’s complaint;

2 ° Or if this solution cannot be without major inconvenience for the latter given the nature of the good and the use he seeks.

The resolution of the sale cannot however be pronounced if the lack of conformity is minor.

Article L211-11

The application of the provisions of Articles L. 211-9 and L. 211-10 takes place at no cost to the buyer.

These same provisions do not preclude the award of damages.

Article L211-12

Action resulting from lack of conformity lapses two years after delivery of the goods.

Article L211-13

The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which to him. is recognized by law.

Annex 2:

Provisions of the Civil Code concerning the guarantee against hidden defects

Article 1641

The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or would have given a lower price, if he had known them.

Article 1642

The seller is not liable for apparent defects of which the buyer has been able to convince himself.

Article 1643

He is liable for hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be bound by any guarantee.

Article 1644

In the case of articles 1641 and 1643, the buyer has the choice to return the item and have the price returned, or to keep the item and have part of the price returned, as it will be arbitrated by experts.

Article 1646

If the seller was unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale.

Article 1647

If the selection which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the return of the price and other compensation explained in the two previous articles.

But the loss of arrival by fortuitous event will be for the account of the buyer.

Article 1648

The action resulting from crippling defects must be brought by the purchaser within two years of the discovery of the defect.

In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.

SPECIAL TERMS OF SALE

BOOTH BOOKING

These general conditions are presented in French.

A literal translation into another language may be provided in an informative but.

The French version prevails.

Service description:

This service is reserved for professionals.

The “booth reservation” service provides its beneficiary with a virtual space available to present and promote his creations during the Festiv’at Home show / festival. This reservation is made under the Specific Conditions described herein.

The spaces provided allow a commercial exchange with visitors, exhibitors will be solely responsible for this activity and must follow the rules and laws in force.

For professionals not declared in France, you must inform yourself and apply the specific laws and obligations from your country.

1 Presentation of the show

The Festiv’at Home fair is organized by the Festiv’at Home association (1901 law).

The objective of the show is to inform and promote the world of artist and collectible dolls by:

– Providing professionals with a place of visibility for their work around this universe.

– Bringing together a beginner and initiated audience around a friendly moment, activities and information on this universe.

2 Place, date and opening hours

The Festiv’at Home festival will take place online:

on the site https://festiv-at-home.com/

on a show on the dedicated Discord site

Sunday October 20, 2024, from 9 a.m. to 7 p.m.

3 Booths description

The booths will materialize in the form of a mini catalog visible on the association’s website and in the form of a show dedicated to each exhibitor on the Discord site. Participants will be invited to provide the necessary elements to fill their “virtual stand” while respecting the clauses of these regulations.

The acquisition of a stand is exclusively reserved for professionals / declared organizations, we will ask you for proof for these purposes.

Obtaining a stand is limited to one per entity.

The stands will be accessible at the price indicated when booking.

Each exhibitor undertakes to inform their customers of their own General Terms of Sale when purchasing.

For promotional purposes we will indicate the links of the respective pages / galleries / sites / shops of each exhibitor. We are not responsible for the nature, content, security, updating, support, use … of these third-party sites.

Virtual booth on the website:

Each exhibitor must provide the necessary elements so that the organizers fill this space:

– Stand name

– Logo

– Short description of his universe

– 1 main product image with description

– Up to 9 other product images each with a description

– 1 link to his website / shop / gallery / social networks …

– A contact email for visitors

– His Discord ID

Virtual booth on Discord:

Each exhibitor will have to specify whether they wish to open a voice room to speak face to face with visitors or not. On the other hand, he will have to fill in his “gallery” section himself at least one week before the opening of the show.

This section is open for publication of the exhibitor’s available products. The exhibitor must clearly state the prices of each product in EUROS, and may add a description to them.

On the Discord platform, exhibitors must comply with the current show regulations mentioned in the #rules and # rules-exposant section.

Exhibitors agree to maintain a regular presence throughout the duration of the show in order to participate and actively respond to the needs of the event.

4 #Rules-Exposant ( Exhibition regulations for Exhibitors)

This event is a place of sharing for everyone. However, we ask you to read carefully the few rules below and to respect them.

4.1 Advertising :

Exhibitors are not allowed to advertise during the event outside of their dedicated space.

No spam.

In the booth photo space, only one photo will be allowed per booth accompanied by a short description and the # ….. of their showcase section.

4.2 Communication :

Please do not expose your frustration or other negative comments to visitors, for not having visitors in your section, or for not selling. A space only visible to exhibitors is available for this.

Please respect other exhibitors, visitors and organizers.

In your section please deal with any overflow that may arise immediately or call a moderator for help.

Do not hesitate to set free hours for discord visitors, for example if you have to be absent for the presentation of your stand live.

4.3 Managing your space :

Your gallery must be ready before the event opens. If you have any difficulties, please do not hesitate to contact one of the event organizers or moderators.

During the event, it is up to you to lead your discussion space.

You are the only manager of your sales and how to achieve them through discord and your external platforms.

4.4 Prohibited content :

Any content is prohibited if it:

– is illegal (No copying, conterfeiting or inducement to buy a copy or counterfeit will be tolerated on pain of immediate exclusion.)

– is of a sexual nature, includes elements of nudity or pornography.

– shows any form of violence, assault, threat, intimidation, persecution, or encouragement to disclose such content.

– contains personal or confidential information.

5 Items for sale and exhibition

Only objects related to dolls can be sold or exhibited at the Festival (dolls, accessories, objects related to dolls or the exhibitor’s universe of dolls).

The organizers of the Festiv’at Home may, at their sole discretion, refuse the exhibition of any product, service or object that they deem inappropriate, in bad taste, or likely to offend the sensitivity of visitors.

WARNING :  No copying, counterfeiting or inducement to purchase a copy or counterfeit will be tolerated on pain of immediate exclusion.

6 Technical team

In order to make this new way to celebrate our passion more accessible, we will always have a technical team available to help you and answer your questions.

However, we are not responsible for assisting exhibitors in the sale of their products.

7 Occupation of booths

Showcases must be filled at least one week before the start of the show so that we can verify the contents.

8 Advertising

Exhibitors will only be authorized to advertise in spaces dedicated to them.

People who do not have the status of exhibitor may not exercise any commercial or advertising activity within the show.

9 Information and content of exhibitors

Only the organizer is authorized to publish a list of exhibitors. The exhibitor is required to provide his contact details in good time. The delivery times of the elements are precisely indicated. Beyond the deadline, the organizer cannot guarantee to include the name of the exhibitor on the list and to fill in his dedicated space on the site. It is understood that the organizer is not required to include data received after the deadline.

10 Role “Creator” on Discord

In order to obtain the @creator role on the Discord platform (role allowing more in-depth actions than visitors), we invite you to change your nickname when entering the server to match your booth name. If, however, we fail to give you this role, call an @orga to quickly rectify this oversight.

11 Registration

Only the exhibitor who has completed and returned the registration form, paid in full, and received confirmation of the reservation by email from the organizers (doll.festivathome@gmail.com) is considered registered for the show.

The issuance by the organizer of registration documents does not automatically imply any right to participate in the Show.

The organizer is authorized to refuse the participation of an exhibitor without having to provide a reason. The candidate cannot claim a particular order in the list, nor require the exclusion of competitors as a condition of his participation. The organizer determines the organization of the show according to what he considers best without having to justify himself.

The organizers reserve the right to limit access to the show or to limit the number of exhibitors if they consider that this endangers the management and running of the show.

12 Confirmation of reservation and rental of stand

Once their registration file has been submitted using the online form, the exhibitor receives a confirmation email and a payment request from the organization. The exhibitor has 7 days to pay. The organizer checks that payment has been received and then confirms the stand reservation to the exhibitor. The reservation is taken into account upon full payment of the amount due.

The organization will then send the list of items and images needed to build its space on the site.

13 Booths organisation

The stands will be classified by product categories. Each category will be limited in number of stands.

Exhibitors will be classified in their respective categories to make it easier for visitors to find them.

14 Payment terms

When ordering an exhibition space (stand), the exhibitor is liable for the amount of the stand rental. The PAYPAL payment address will be sent to him by email by the organizer with the summary of his order.

All invoices are payable in euros. If payment is not made within the time period provided for in these regulations, the reservation contract will be considered unilaterally canceled by the customer for lack of diligence on his part.

15 Right of termination and exclusion

– The exhibitor has a right of termination, which he must exercise in writing, within 14 days of receiving confirmation of a stand reservation. He does not have to give reasons for his decision. The termination must be sent by email to the organizers.

– After expiry of the termination period, a contractual penalty is applied according to the following methods:

Up to 8 weeks before the start of the Show: 50% of the contract amount

Less than 8 weeks before the start of the Show: 100% of the amount of the contract

– Exhibitors who will not be actively present on their Discord section may be penalized for the damage caused to the show and its visitors.

– Any inappropriate behavior by the exhibitor gives rise to a warning from the organizer. In the event of a repeat offense, the organizer is authorized to close the stand and expel the exhibitor who violates the «rules» of these conditions.

– In the event that admission to participate in the Show has been based on incorrect data or an inaccurate interpretation, or if the conditions for acceptance are no longer met by the exhibitor, the organizer is entitled to revoke its acceptance.

– Exclusion from participation in the Show does not release the exhibitor from his obligations towards the organizer. He remains bound to pay the conventional penalty provided for above.

– In the event that the opening of the Show is prevented by unforeseeable circumstances, any claim for damages addressed to the organizer by the exhibitor is deemed inadmissible. However, special provisions regarding the reimbursement of reservations are detailed in the article «cases of force majeure».

16 Responsibilities of the exhibitor

The exhibitor is responsible for what he publishes (images and content), for his products (price, nature, origin, conformity, etc.), for his comments, and for the various information, images and links that he will have provided us with. voluntarily in order to present it to visitors. The association can in no way be held responsible for these various elements and the physical or moral consequences they may have on users and buyers.

The exhibitor is required to inform his customers of his own general conditions of sale, because these are the conditions governing their transactions with their buyers. Festiv’at Home only offers a visibility space for professionals, sales agreements between exhibitors and customers are not the responsibility of the association.

The exhibitor alone assumes the legal consequences of the damages to which he must respond, even if he has not taken out any civil or professional liability insurance.

17 Intellectual property and image rights

The organizing association and the exhibitors will be required, within the framework of the festival, to present works subject to intellectual property. Each party subscribing to these conditions undertakes to respect the intellectual property rights of others by presenting, publishing, sharing only works of which it is exclusively the owner or with the express authorization of said owner.

Exhibitors authorize the association to publish and promote their works as part of the organization of the festival, on their behalf. The works concerned by this authorization will be provided by the exhibitors themselves to the organizers. As the provision of these elements is voluntary from the exhibitor, this authorization may not be contested under any circumstances.

Any infringement of intellectual property rights may give rise to infringement proceedings.

The course of the online event may give rise to performances filmed by webcam «via videoconference». Exhibitors who would be called upon to intervene in this context authorize the association to disseminate their image in this strict context.

No distribution, reproduction or exploitation which could infringe the right to the image will be authorized to a third party.

18 Legal provisions

Any breach of any of the clauses of these Regulations, of the organizer’s instructions and provisions, may result in the immediate, temporary or definitive exclusion of the offending exhibitor, without prejudice to any other penalties or responsibilities incurred by him and without that he can claim any reimbursement or compensation whatsoever.

To be valid, all agreements, authorizations and exceptions require written form.

The exhibitor undertakes to submit any complaint to the organizer before contacting the competent authorities. Complaints must be declared in writing no later than 3 days after the end of the exhibition. If the dispute cannot be resolved amicably, the said dispute will fall under the jurisdiction of French courts.

19 Force majeure and obligation to cancel

In the event that, for a reason of force majeure or in application of an obligation to cancel, the event cannot take place, the exhibitors undertake not to claim any compensation from the organizers.

However, the organizer foresees two possible alternatives :

– Either he reserves the right to decide to postpone the show to a later date under the same conditions and at no additional cost to exhibitors.

– Or the reimbursement to the exhibitor of part of the amount of his reservation less the costs incurred for the organization and the services set up and non-refundable (web hosting, equipment purchases, etc.). These costs will be distributed among all exhibitors.