1) Validity
1.1 These General Terms and Conditions of business (hereinafter “T&Cs”) of [À COMPLÉTER — Raison sociale] (hereinafter the “Seller”), apply to all contracts for the delivery of goods which a consumer (hereinafter the “Customer”) agrees with the Seller with regard to goods offered by the Seller in its online store at www.myfeettoy.com. Any deviating agreements require the express confirmation of the Seller.
1.2 Consumer in the sense of these T&Cs is any natural person, who enters into a lawful transaction for purposes that are predominantly outside their trade, business, or profession.
1.3 Commercial resale of the products is not permitted. The Seller reserves the right to reject orders if they appear to be for commercial resale.
1.4 The Seller’s products are intended exclusively for persons aged 18 and over. By placing an order, the Customer confirms they are at least 18 years of age.
2) Contract
2.1 The following rules on contract validity apply to orders placed through the online store www.myfeettoy.com.
2.2 Should a contract result, this will be with:
[À COMPLÉTER — Raison sociale] [À COMPLÉTER — Adresse du siège social] France Email: hello@myfeettoy.com
2.3 The product descriptions in the Seller’s online store do not represent binding offers on the part of the Seller, but do allow the Customer to make a binding offer to purchase.
2.4 The Customer can make their offer to purchase using the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and going through the online ordering process, the Customer then makes a legally binding offer to enter into a contract for the goods held in the shopping cart by clicking the order confirmation button at the end of the ordering process. However, the order can only be placed and sent once the Customer has accepted these legal terms and conditions and in doing so includes them in their order.
2.5 The Seller has five days in which to accept the Customer’s offer to purchase:
- by sending the Customer a written order confirmation or an order confirmation in text form (email), in which case receipt of the order confirmation by the Customer shall make it binding, or
- by delivering the items ordered to the Customer, in which case receipt of goods by the Customer shall make it binding, or
- by requesting payment from the Customer once the Customer has placed their order.
Where several alternatives as set out above are possible, the contract shall become effective at the point any of the above first occurs. If the Seller fails to accept the Customer’s offer to purchase within the above timescale, this shall be deemed a rejection of the offer with the effect that the Customer shall no longer be bound by their declaration of intent.
2.6 When submitting an offer to purchase, the Seller will store the wording of the contract once it becomes effective, and will send a copy to the Customer in text form (such as email) after placing their order, along with details of the items ordered.
2.7 As part of the ordering process, the Customer first places the goods required in the shopping cart. There, the Customer can change the required number of items at any time or remove certain goods altogether. The Customer then proceeds to enter their details and select the delivery and payment method. Finally, a summary page opens where the Customer can check all the details. The Customer can correct any mistakes before finalizing the order. Fully closing down the browser window will cancel the order process completely.
2.8 Order processing and contact are usually managed using email. The Customer must ensure that the email address they provide for order processing is accurate, so emails from the Seller can be received at that address.
3) Right of withdrawal and return policy
3.1 Due to the intimate nature of our products and for hygiene reasons, all sales are final. Returns and refunds are not accepted unless the product is defective or an error was made on our part.
3.2 If you receive a defective or incorrect product, please contact us at hello@myfeettoy.com within 48 hours of delivery with your order number and photos of the product and packaging. We will arrange a replacement or full refund, including return shipping costs.
3.3 The Customer’s statutory rights remain unaffected.
4) Pricing and terms of payment
4.1 Except where stated otherwise in the Seller’s product description, prices quoted are total prices inclusive of applicable taxes. Any additional delivery and transport costs will be shown separately in the relevant product description or as part of the ordering process, before items are placed in the virtual shopping cart.
4.2 Payment options will be displayed to the Customer in the Seller’s online store.
4.3 When paying via Stripe, payments are processed by Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland (“Stripe”), subject to Stripe’s Terms of Service, available at https://stripe.com/legal. The Seller does not store any credit card information — all payment data is handled directly by Stripe.
4.4 When paying via PayPal, payments are processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to PayPal’s Terms of Use, available at https://www.paypal.com/webapps/mpp/ua/useragreement-full.
5) Delivery and transport terms and conditions
5.1 Orders are delivered to the address specified by the Customer. When processing the transaction, the delivery address specified during the ordering process shall be binding.
5.2 Orders are shipped within 24 to 48 hours of payment confirmation. Delivery times depend on the Customer’s location: 3 to 5 business days within the United States, 5 to 10 business days for international orders.
5.3 All orders are shipped in plain, unmarked packaging with no reference to Feettoy or the nature of the products.
5.4 If the carrier returns the items despatched to the Seller because delivery to the Customer was not possible, the Customer shall be responsible for the cost of the failed delivery. This shall not apply where the Customer is not responsible for the circumstances leading to the failed delivery or where the Customer was unable to accept delivery at that time.
5.5 Collection in person is not possible.
6) Retention of title
The Seller retains ownership of the items delivered until the purchase price due has been paid in full.
7) Warranty
7.1 If the item purchased proves faulty, the Customer shall be entitled under the statutory provisions to demand repair or replacement, withdraw from the contract or pay a reduced amount.
7.2 The Customer is requested to report any items delivered which have clearly been damaged in transit and to notify the Seller within 48 hours of delivery. Should the Customer not comply with this request, statutory claims for defects shall remain unaffected.
7.3 As the Seller is established in France, the Customer benefits from the legal guarantee of conformity provided under Articles L.217-1 et seq. of the French Consumer Code, which covers defects of conformity for a period of two years from delivery.
8) Limitation of liability
8.1 The Seller shall be liable without limitation for damages arising from injury to life, limb or health based on a negligent or intentional breach of duty by the Seller, their legal representatives or agents.
8.2 For other damages, the Seller shall only be liable in cases of intentional or grossly negligent breach of duty, or in the event of a material breach of obligations under the contract. Material obligations under the contract are those which must be met in order to achieve the objectives of the contract.
8.3 In the event of a material breach of obligations under the contract caused by mere negligence, the Seller’s liability shall be limited to the reasonably foreseeable damage typical for the contract.
8.4 The above limitations of liability shall not apply where the Seller has fraudulently concealed a defect or has given a guarantee regarding the quality of the item. The provisions under applicable product liability law remain unaffected.
9) Redeeming promotional vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns, valid for a specific time and which cannot be purchased by the Customer (“promotional vouchers”) may only be redeemed in the Seller’s online store and only during the period specified.
9.2 Individual products may be excluded from the promotional campaign, provided this is clearly stated in the promotional voucher.
9.3 Promotional vouchers may only be redeemed prior to final checkout.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the items must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded.
9.6 Where the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods may be selected to settle the balance.
9.7 The balance remaining on a promotional voucher is neither paid out in cash nor does it attract interest.
10) Redeeming gift vouchers
10.1 Vouchers which can be purchased through the Seller’s online store (“gift vouchers”) may only be redeemed in the Seller’s online store, unless the voucher states otherwise.
10.2 Gift vouchers and credit remaining on gift vouchers may be redeemed up to the end of the third year following the year the gift voucher was purchased, unless otherwise stated on the gift voucher.
10.3 Gift vouchers may only be redeemed prior to final checkout.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers may only be used to purchase goods and cannot be used to purchase additional gift vouchers.
10.6 Where the value of the gift voucher is not sufficient to cover the order, one of the other payment methods may be selected to settle the balance.
10.7 The balance remaining on a gift voucher is neither paid out in cash nor does it attract interest.
11) Age restriction
11.1 The products offered on www.myfeettoy.com are intended exclusively for adults aged 18 and over.
11.2 By placing an order, the Customer confirms they are at least 18 years old. The Seller reserves the right to cancel any order where it has reasonable grounds to believe the Customer is under 18.
11.3 The Seller is not responsible for verifying the age of the Customer beyond the confirmation provided during the ordering process.
12) Applicable law
All legal relationships between the parties shall be governed by the laws of the French Republic. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory legal provisions in the country where the consumer habitually resides. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are excluded.
13) Jurisdiction
Where the Customer is acting as a professional, the exclusive place of jurisdiction for all disputes arising under this contract shall be where the Seller has its registered office in France. For consumers, the applicable jurisdiction shall be determined in accordance with applicable law, which may include the courts of the consumer’s place of residence.
14) Alternative dispute resolution
14.1 The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/
14.2 The Seller is neither obliged nor willing to participate in any dispute resolution procedure before a consumer arbitration board.
