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Terms of Sales

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1

SUBJECT

  1. These general terms and conditions of sale (hereinafter “GTCS”) apply to all orders placed with “Ludifica” (hereinafter “Ludifica SRL”, whose registered office is at Voie de l’Ardenne, no. 134/6, 4053 Chaudfontaine and which is registered with the B.C.E. under no. 0770.789.120), in particular via the website https://totemus.com/goodies (hereinafter “the Site”).
  2. The GTC are attached to the offer when the order is placed and are available online on the Site. By ticking the appropriate box at the time of ordering, the person wishing to place an order (hereinafter, the “Buyer”) acknowledges having read, understood and accepted the GTC in their entirety.
  3. The contractual relationship between “Ludifica” and the Buyer is governed by these GTC and the privacy policy available on the Site, to the exclusion of any general terms and conditions of the Buyer.
2

PRODUCT CHARACTERISTICS

  1. Ludifica has developed accessories and official merchandising for the Totemus application (hereinafter, the “Product(s)”). More information about the Products can be found on the Site.
  2. The Product(s) can be purchased using the ordering system described below (see point 3).
3

ORDER CONDITIONS

  1. The Site offers the possibility of placing an order for one or more Products. In order to place an order, the Buyer must follow the ordering procedure provided on the Site, which includes:
    • providing their personal contact details (surname, first name, postal address, telephone number, email address);
    • providing the desired delivery address;
    • choosing the delivery method
    • choosing the payment method;
    • checking the information entered;
    • Read and accept the Terms and Conditions of Sale;
    • confirm the order by clicking on the “Confirm your order” button;
    • where applicable, payment via the payment system integrated into the Site;
    • confirmation of the order by email, accompanied, where applicable, by the invoice payable within 30 days.
  2. The final validation of the order by clicking on the “ORDER WITH OBLIGATION TO PAY” button constitutes an electronic signature that is as binding on the Buyer as a handwritten signature and implies the obligation to pay.
  3. All orders will only be taken into account once payment has been accepted by Ludifica’s bank. In the absence of payment within thirty (30) calendar days following the order, Ludifica reserves the right to cancel the order.
  4. Product(s) may only be ordered by persons of legal age residing in a member state of the European Union. Any order not complying with these conditions may be cancelled by Ludifica.
4

PRICES AND PAYMENT TERMS

  1. The prices indicated are in euros (EUR) and include all taxes (TTC) but exclude postage and delivery. Shipping and delivery costs may vary depending on the number of products ordered. The choice of delivery method and the related costs are added during the order placement process (see point 3.1).
  2. Payment for the Product(s) is made when the order is placed and in two ways:
    • by credit card ;
    • by PayPal ;
5

DELIVERY

  1. The delivery time for the Product(s) is communicated when the order is placed for information purposes only. Ludifica makes every effort to ensure that delivery times are respected. Should the delivery time be exceeded, in particular in the event of stock shortage, the Buyer will not be entitled to claim any compensation. The delivery times indicated commence on receipt of the confirmation email.
  2. In accordance with the law, the transfer of risks takes place at the time of delivery. It is the Buyer’s responsibility to check the conformity of the Product(s) (condition, characteristics, absence of defects, quantity, etc.) at the time of receipt, in the presence of the carrier, if applicable. Any dispute relating to the conformity of the Product(s) delivered must be indicated on the delivery note and communicated to the carrier, as well as to Ludifica.
6

LEGAL GUARANTEE

  1. In accordance with the law, the Buyer is entitled to the guarantee relating to consumer goods set out in articles 1649 bis to 1649 nonies of the former French Civil Code. These GCS do not affect these rights.
  2. However, the warranty does not apply if the defect is due to mishandling, deterioration or improper use of the Product by the Buyer.
7

RIGHT OF WITHDRAWAL

  1. In accordance with the law, the Buyer has the right to withdraw from the contract without giving any reason within fourteen (14) days of delivery of the Product(s).
  2. To exercise this right, they simply need to notify their decision to withdraw within this period by means of an unambiguous statement by post or email.
  3. In the event of withdrawal, Ludifica will refund the price of the Product(s) (excluding delivery costs) without undue delay and, in any event, no later than fourteen (14) days from the date of notification of the decision to withdraw, unless the Product(s) have not been returned within this period. In this case, the refund will be made upon receipt of the Product(s). Unless expressly requested otherwise, the refund will be made by the same means of payment as that used for the initial payment and will not incur any additional costs.
  4. In the event of withdrawal, the Buyer must return the Product(s) to Ludifica without undue delay and, in any event, no later than fourteen (14) days from the date of notification of the decision to withdraw. The cost of returning the Product(s) shall be borne by the Buyer.
  5. The Buyer shall only be liable for the depreciation of the Product(s) resulting from handling other than that required to establish the nature and characteristics of the Product(s).
8

RESPONSIBILITY

  1. Ludifica cannot be held liable in the event of fortuitous circumstances or force majeure (see point 10).
  2. Ludifica’s liability shall be limited exclusively to any direct damage and shall in no event be liable for indirect damage such as, but not limited to, loss of profit, commercial loss, loss of data, loss of time, deficits or any other form of indirect damage.
  3. Nor can Ludifica be held liable for damages inherent in the use of the Internet.
  4. Without prejudice to the right of withdrawal set out in point 7, in order to be valid, any complaint by the Buyer must be communicated in writing within eight (8) calendar days of becoming aware of the event giving rise to the complaint. The absence of any dispute in accordance with the aforementioned rules implies unconditional and unreserved acceptance by the Buyer of the event giving rise to the claim and, de facto, the definitive waiver of any claim in this respect.
  5. The Buyer remains solely responsible for the choice of Product(s), their appropriateness and suitability to his/her needs, and their use. Any use of the Product(s) that does not comply with the use for which they are intended is the sole responsibility of the Buyer, to the exclusion of that of Ludifica.
  6. The Buyer is also solely responsible for complying with the regulations in force in its country of residence.
9

MAJOR FORCE

  1. Force majeure is any event which may be foreseeable but which is unforeseen beyond the control of the parties and which renders the performance by a party of one or more of its obligations either impossible or substantially more difficult (such as war, riot, revolution, insurrection, strike or lock-out within a party’s company, fire, flood, earthquake, storm, failure of telecommunications systems, power cut, etc.).
  2. The party invoking force majeure shall notify the other party as soon as possible of the occurrence of the event.
  3. The obligations affected by the force majeure event, as well as any reciprocal obligations of the other party, are suspended for the duration of the force majeure event.
  4. If the case of force majeure lasts for more than three (3) months, each of the parties has the right to terminate the present agreement with immediate effect and without compensation by notifying the other party by registered letter.
10

VALIDITY OF CONTRACTUAL CLAUSES

  1. Ludifica’s failure to invoke any provision of these GTC at a given time shall not be construed as a waiver of its right to do so at a later date.
  2. The invalidity, lapse or unenforceability of all or part of any of the preceding or following provisions shall not invalidate these GSC as a whole. The provision that is wholly or partially null, void or unenforceable shall be deemed unwritten. Ludifica undertakes to replace this provision with another that will, as far as possible, perform the same function.
11

JURISDICTION AND APPLICABLE LAW

  1. The GTC are governed by Belgian law, to the fullest extent permitted by the applicable rules of private international law.
  2. In the event of any dispute relating to the interpretation or performance of the GTC, the Belgian courts shall have exclusive jurisdiction, to the fullest extent permitted by the applicable rules of private international law.
  3. Before taking any steps to resolve a dispute through the courts, the Buyer undertakes to attempt to resolve the dispute amicably by contacting Ludifica directly. In accordance with the law, the Buyer is also informed that he/she may contact the European platform for online dispute resolution: https: //webgate.ec.europa.eu/odr/.
12

Shipping policy

12.1.

DELIVERY METHOD

Once your payment has been registered, your parcel is immediately dispatched by the BPost service. (Belgian national post office)

It will take 2 to 5 days* to receive your parcel, depending on your country. You will be informed by email of the dispatch of your order.

12.2.

ARE YOU ABSENT?

The parcel is delivered to you personally (no signature required). If you are absent and the parcel does not fit in your parcel box, your postman will leave a calling card indicating the nearest post office where you can collect your parcel on presentation of proof of identity.

12.3.

PACKAGING

The products sold on our https://totemus.com/goodies eshop can be fragile. We want you to receive them in perfect condition. That’s why we take great care in packaging your products so that they can travel without risk!

12.4.

SHIPPING COSTS

Shipping costs are calculated according to the weight and dimensions of the product(s) ordered and the country of destination. Shipping costs are indicated when you confirm your order.

12.5.

DELIVERY ZONES

We currently only ship to Belgium and mainland France.

However, if you live in another country, please contact us to find out the cost of shipping to info@totemus.com.

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