Terms and Conditions

General Conditions of Sale to Consumers via the Internetwww.playtopla.com

Version in effect as of November 18, 2024

Article 1. Scope of application

These general terms and conditions of sale detailed below (hereinafter referred to as the "GTC" or "General Terms and Conditions"), exclusively govern all transactions carried out through the online store accessible at the addresswww.playtopla.com (hereinafter referred to as the "Site") or any other site that may be operated by TOPLA, between the company TOPLA, a simplified joint stock company with capital of 306,253 euros, whose registered office is located at Ruelle du Moulle 78630 Morainvilliers (hereinafter referred to as "TOPLA" or "we" or "the Company"), and any natural person, consumer or non-professional, likely to place an order on the Site (hereinafter referred to as a "Customer" or "you").

All products offered for sale on the Site are intended for the Customer's personal use.

TOPLA may occasionally be required to modify certain provisions of its General Terms and Conditions of Sale, so it is necessary that these be reread before each order for products on the Site. These modifications are binding from the time they are posted online and cannot apply to orders placed previously. Each order (hereinafter collectively referred to as "Purchase" or "Order") on the Site is governed by the General Terms and Conditions applicable on the date of said order. Any order by the Customer implies the Customer's full and unconditional acceptance of the General Terms and Conditions of Sale, the Customer thus acknowledging having perfect knowledge of them. By accessing the Site, the Customer undertakes to comply with these General Terms and Conditions, which are also accessible at any time on the Site.

The Customer declares and guarantees:

That the purchase of Products on the Site is not directly related to a professional activity and is limited to strictly personal, non-commercial or lucrative, collective or associative use;
That he is of legal age and has full legal capacity to contract and acquire the Products offered on the Site.

These General Conditions are the only ones applicable between the Client and TOPLA Company. They replace all other conditions, unless prior, express and written derogation. They may be supplemented by specific conditions, stated on the Site, before any transaction with the Client.

These General Terms and Conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores, to communities or through other distribution and marketing channels. The General Terms and Conditions prevail over any other contradictory document.

In case you have any questions about these Terms and Conditions, or if you wish to contact TOPLA for other reasons, you can send us an email at: hello@playtopla.com

Article 2. Client – Subscription conditions

Any person who has purchased a TOPLA product is referred to as a “Customer”. Customers declare that they are of legal age and capable of entering into a contract.

Any purchase may be made for the Customer's personal consumption or as a gift.

TOPLA cannot be held liable for damages resulting from faults, inadequacies or negligence attributable to the Client or any third party.

By checking the box provided for this purpose on the Site or by expressly giving his/her consent to this end by voluntarily registering his/her email in the “Newsletter Subscription” section on the Site, the Client accepts that TOPLA may send him/her a newsletter (information letter) which may contain information relating to his/her activity.

When the Customer checks the box provided for this purpose in the registration process on the Site to place the order, he agrees to receive commercial offers from TOPLA for products similar to those ordered. The subscribed Customer will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (information letters) or by writing to hello@playtopla.com

The Client guarantees the accuracy and completeness of the information provided to TOPLA throughout their contractual relationship, in particular at the time of creating their Client Account, such that no guarantee will be due and TOPLA cannot be held liable in the event of incorrect or incomplete information provided by the Client, spontaneously or at the request of TOPLA, or in the event of the Client's failure to respond to a request for information made by the Company.

Article 3. Products offered for sale

In accordance with Article L.111-1 of the Consumer Code, the Customer may, prior to any Order, take note of the essential characteristics of the Product(s) on the Site. The Customer is required to take note of these before placing any order.

The photographs and illustrations presented on the Site are not contractual and cannot engage the responsibility of TOPLA.

The choice and purchase of a Product is the sole responsibility of the Customer.

The Customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times.

The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.

Some products may not be available for delivery outside mainland France.

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the sole responsibility of the Customer and are his sole responsibility.

For all Products shipped outside the European Union and DOM-TOM, the price will be recalculated excluding taxes automatically on the invoice and taking into account any additional costs linked to the processing of these specific shipments.

The Products offered for sale on the Site may be Ordered within the limits of available stocks as established by TOPLA. In the event that an Ordered Product is temporarily or permanently out of stock, TOPLA's customer service will contact the Customer as soon as possible to notify them that their Order may not be fulfilled within the indicated timeframes or may be cancelled. In these cases, TOPLA cannot be held liable.

Any refund will be made within 30 days after notification by email to the Customer of the unavailability of the product.

TOPLA cannot be held liable in the event of postponement or cancellation of the marketing of a Product.

Article 4. Availability and accessibility of services

Internet Features:

The Customer declares that he/she knows and accepts the characteristics and limitations of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption and, more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible computer viruses circulating on the network.

Consequently, TOPLA cannot, under any circumstances, be held responsible for any damage directly or indirectly linked to any of these characteristics and/or limitations.

The connection of any Client to the Site is done under the full responsibility of the Client.

It is the responsibility of each Customer to take all necessary measures to protect their own data and/or software stored on their computer equipment against any attack, and TOPLA cannot under any circumstances be held liable for any damage that may result, such as loss of data or deterioration of computer equipment.

Site Unavailability

TOPLA implements all reasonable means at its disposal to ensure the proper functioning of the Site and provide the Customer with access to the Products in the best conditions. However, TOPLA only has an obligation of means regarding access to the Site and the Products, and cannot guarantee operation of the Site 24 hours a day, 7 days a week. The Company may not under any circumstances be held liable in the event of unavailability of the Site and/or the Products.

For reasons of maintenance, testing, repair or any other nature related to the improvement and operation of the Site, TOPLA reserves the right to temporarily interrupt access to it, without the interruption giving rise to any obligation or compensation.

Third Party Sites

TOPLA may include on the Site links to third-party websites that are not owned or controlled by TOPLA, which has no control over the content, personal data protection charters or practices of these third-party sites. Consequently, TOPLA declines all responsibility in this regard.

TOPLA assumes no responsibility for the content of these third-party sites or for the content to which these third-party sites may refer. The presence of hyperlinks to third-party sites does not mean that TOPLA approves in any way the content of the third-party sites.

TOPLA is not responsible for any changes or updates to third-party sites and is not responsible for the transmission of information from third-party sites or their malfunction.

TOPLA cannot be held responsible for any loss or damage that Internet users may suffer as a result of the provision of these third-party sites or external resources or as a result of the trust that Internet users place in the completeness, accuracy or existence of any content on these third-party websites or resources, or even accessible from them.

Article 5. Prices

The sale prices of the Products indicated on the Site are in euros and include all taxes. The Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the Site and calculated prior to placing the order.

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely at the Customer's expense.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and sent to the Customer when the order for the Products ordered is validated.

The Company reserves the right to modify its prices at any time but undertakes to apply the prices indicated on the Site at the time of the Customer's order.

Any change in the applicable VAT rate will be automatically reflected in the price of the Products offered for sale on the Site.

The Customer is informed that in the event of an incorrect price being displayed, which is clearly ridiculous (low price), whatever the reason (computer bug, manual error, technical error, etc.), the order - even if validated by the Company - will be cancelled, and the Customer will be informed as soon as possible. The latter will then be able, if he wishes, to re-order at the corrected and exact price.

Article 6. Order – Payment

6.1. Order

In order to place an order on the Site, the Customer must follow the following steps:

Select the Product(s) by indicating the desired quantity and click on the “Add to cart” button;
Check his order once he has completed the selection of the Product(s) by correcting any errors. A summary screen of the order will appear on the Customer's screen to facilitate this step of verifying the order. It is his responsibility to check the accuracy of the order and to immediately report or rectify any errors;
Validate the order, after having been able to check it and read the T&Cs, this validation constituting the irrevocable acceptance of the order, of the T&Cs. By clicking on the "Pay now" button, the Customer acknowledges that he is finalizing the order, with obligation to pay, and that he irrevocably consents, once the withdrawal period has passed, to the sale of the selected Product(s). At any time and before payment, the Customer can view a summary of the selected Product(s) or modify his order.

The sale is only final after TOPLA has sent the Customer confirmation of acceptance of the order by email, which must be sent without delay and after the Customer has received payment in full.

Any order placed, validated by the Customer and confirmed by TOPLA, under the conditions and according to the terms described above, on the Site constitutes the formation of a contract concluded remotely between the Customer and TOPLA.

No order that has become final, i.e. confirmed by TOPLA, may be cancelled or modified by the Customer, subject to the implementation of the right of withdrawal.

In accordance with the Company's desire to combat online payment fraud and thus protect all consumers, any order may be subject to prior validation by its services. This validation triggers the sending of the preparation of the Customer's order. The latter will be able to follow its status from his Account.

TOPLA reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment or abuse related to previous orders, without the latter being able to claim any compensation for any reason whatsoever. More generally, TOPLA reserves the right to cancel or refuse any order that it considers suspicious or for any other legitimate reason. TOPLA does not intend to sell the Products on the Site to professionals, but only to consumers or non-professionals, for their personal needs. TOPLA therefore reserves the right to refuse orders for the same Product in large quantities. For any order over 150 Euros including tax or made by a Customer domiciled abroad or in the French Overseas Territories, TOPLA reserves the right to require the following information from the Customer before processing the order: - A photocopy of proof of address (e.g.: Water-EDF bill) - A photocopy of an identity document corresponding to the bank card - A photocopy of the payment method used. These documents can be scanned and sent by email to the following address hello@playtopla.com

6.2. Payment

The Products offered by the Company are delivered to the Customer in return for a price.

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:

By bank cards: CB, Visa, MasterCard, Amex
By Paypal
By bank transfer
By Discount Code
By Prepaid Gift Voucher
By Apple Pay

Payment by credit card is irrevocable.

The Customer guarantees to TOPLA that he is fully authorized to use the bank card to pay for his Purchase and that these means of payment legally provide access to sufficient funds to cover all costs resulting from his Purchase on the Site.

In case of payment of the order by credit card, the debit is made after verification of the credit card data at the latest within 48 hours following the order. It is recalled that by communicating the information of his credit card, the Customer authorizes TOPLA to debit his account for the amount of the price to be paid, validated during the order. In the event that the account cannot be debited, the order will be canceled and the Customer will be informed. Only the Customer is responsible for payment by credit card, TOPLA is not responsible for payment problems related to the operation of the online payment service provided by a third party provider.

The site uses the SHOPIFY PAYMENT payment platform for orders.

When the Customer enters their banking details, they directly access the banking platform which is subject to a security system.

All online credit card payments are made via the 3D Secure security system. The credit card information is encrypted and is directly sent to the banking partner's secure server without TOPLA having any knowledge of it. TOPLA only receives a transaction number.

Payments made by the Customer will only be considered final after actual collection of the amounts due by TOPLA.

TOPLA reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.

Article 7. Delivery

The Products ordered by the Customer are only delivered in the territories indicated on the Site, and according to the different delivery methods offered on the Site. The delivery times indicated on the Site are indicative times.

The Products are delivered to the address indicated by the Customer when ordering on the Site.

In the event that the Purchase is intended for a third party Beneficiary or if the Customer wishes to have the Purchase delivered to an address other than that indicated in their Account, this must be indicated when finalizing the Purchase.

TOPLA does not deliver to PO boxes or military bases.

The Customer is solely responsible for the accuracy of the information provided when ordering (name, first name, contact details, delivery address, etc.) and the consequences thereof (delay, impossibility or error of delivery, etc.).

In the event of an error or inaccuracy in the information, where the Customer is unable to take delivery of the Product when it is presented by the carrier, and if the Product is returned by the carrier to TOPLA due to the Customer not having collected the Product, the Company will send it a second time upon payment of the flat-rate delivery costs. For any new return, the package will not be sent a third time, the order and the corresponding payment will then be cancelled, the corresponding amount then being re-credited to the Customer's bank account excluding the actual costs (versus the flat-rate costs) incurred by TOPLA for all aborted deliveries and which will remain the responsibility of the Customer.

In addition, the Customer will be invited by email to place the order again on the Site by checking their delivery details beforehand. TOPLA cannot be held responsible if a Product is no longer available on this date.

Unless otherwise indicated, the Products are shipped within a maximum of two working days from the validation of the order by TOPLA. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

It is specified that the delivery times indicated in the advertisement of the Products are those provided by the carrier, which may vary, in particular during periods of high activity. Delivery services by carrier do not operate on weekends and public holidays.

TOPLA undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these time limits are provided for information purposes only and any delay may not give rise to any damages, retention or cancellation of the order by the Customer. However, if the Products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure, the Customer may notify TOPLA, under the conditions provided for in Articles L.216-2, L.216-3, and L.241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than thirty (30) days following the date of termination of the contract, excluding any compensation or retention.

Deliveries are provided by an independent carrier to the address specified by the Customer when ordering and which the carrier can easily access.

The Customer therefore acknowledges that it is the carrier's responsibility to carry out delivery and has no warranty recourse against TOPLA in the event of failure to deliver the transported goods.

Any delivery of the Products to the carrier is conditional upon prior and full payment of the goods ordered and any transport costs.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product ordered or by the proof provided by the carrier to TOPLA of the correct delivery of the product to the Customer.

The Customer or recipient is required upon receipt of the Product(s), if this is done in the presence of the carrier, and before signing the transport slip, to check:

The general condition of the packaging,
The number of packages,
The contents of the package(s) (the number of Product(s), the conformity of the references, the general condition of the Products).

In the presence of an apparent anomaly, the Customer or recipient is then required:

To write on the transport voucher precise and specific reservations concerning the condition of the Product(s) received, and to refuse the Products,
To keep a copy of the transport voucher,

Within a maximum period of forty-eight hours, notify TOPLA of the refusal of the Product(s), in writing (registered letter with acknowledgement of receipt, email to orders@playtopla.com ), with all supporting documents relating thereto (photos in particular).
After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by TOPLA.

It is recalled that the absence of reservations formulated by the Customer upon delivery of the Products does not exempt TOPLA from the guarantee of conformity, as described below.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by TOPLA, the costs related thereto will be subject to specific additional invoicing, on a quote previously accepted in writing by the Customer.

The transfer of ownership of TOPLA Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

Article 8. Returns

8.1. General terms and conditions and right of withdrawal

In accordance with the legal provisions in force, the Customer has a legal period of fourteen (14) clear (calendar) days following the date of receipt of the Product(s) to exercise his right of withdrawal. In the event that the period expires on a Saturday, Sunday or public holiday, the period is extended until the first following working day. In the event of an order for several Products delivered separately, the withdrawal period runs from the receipt of the last Product.

To be able to validly exercise his right of withdrawal, the Customer must inform the Company within 14 days by sending by registered letter with acknowledgment of receipt to TOPLA Customer Service - 1 ruelle du Moulle, 78630 MORAINVILLIERS the standard withdrawal form completed by him.

The Customer must return the Product within a maximum period of fourteen (14) clear (calendar) days following notification to TOPLA of its decision to withdraw.

All product returns must be made by registered mail with acknowledgment of receipt accompanied by

The Products must be returned by registered mail with acknowledgment of receipt, to the following address TOPLA 1, ruelle du Moulle 78630 MORAINVILLIERS, in their original condition and complete (sealed or cellophane packaging, accessories, etc.) allowing them to be put back on the market in the same condition as when ordered. They must be accompanied by the purchase invoice and a completed and signed return slip. Such a return slip is available to the Customer and must be requested by email to orders@playtopla.com

The Customer must ensure in particular the solidity of the package sent and in particular that it will not be crushed during transport. The package must also contain the purchase invoice, the order number, the complete contact details of the Customer and the return slip, sent by TOPLA customer service, completed and signed. Such a return slip is available to the Customer and must be requested by email to orders@playtopla.com

The reimbursement will be made within a maximum period of thirty (30) days from the recovery of the Products by TOPLA or until the Customer has provided TOPLA with proof of shipment of the Products, the date retained being that of the first of these facts.

In the event that the Product is damaged and/or soiled and/or incomplete, it will not be taken back, and the Customer will not be able to validly assert his right of withdrawal.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer, as well as the risks of return transport of the Product(s).

8.2. Return for defect

Within two (2) days after receipt of the Products, the Customer may notify TOPLA of a defect or absence of the product. The Customer must then return the product(s) within 14 days after receipt and may then obtain a new Order for the Product(s) within the limit of available stocks. If the product(s) is (are) no longer available, the refund will be made within a maximum period of thirty (30) days from the recovery of the Products by TOPLA or until the Customer has provided TOPLA with proof of shipment of the Products, the date retained being that of the first of these facts.

Article 9. Conformity and guarantees

TOPLA provides the Customer with photographs of the products sold, which are, however, only indicative. Under no circumstances are they contractual in nature and therefore cannot engage the Company's liability.

The products offered for sale on the Site are accompanied by several types of commercial guarantees defined below. It is specified that the subscription by the Customer of such commercial guarantees does not prevent the application for all equipment sold by TOPLA on the Site of the legal guarantee of conformity and the guarantee of hidden defects under the following legal conditions:

Article L. 217-4 of the Consumer Code: “The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.

Article L. 217-5 of the Consumer Code: “To comply with the contract, the good must:

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 the latter presented to the buyer in the form of a sample or model; present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
Or present 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 L. 217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”

Article 1648 paragraph 1 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”

It is also recalled that the legal guarantee may not apply or may apply partially in certain cases such as:

repair of damage resulting from a cause external to the product (for example, accident, shock, lightning, current fluctuation, oxidation, presence of sand, etc.),
the fault of the Customer resulting for example from use or installation not in accordance with the manufacturer's specifications,
use harmful to the proper conservation of the Product

In order to assert his rights, the Customer must inform TOPLA, by registered letter to TOPLA, 1 ruelle du Moulle, 78630 MORAINVILLIERS, of the non-conformity of the Products within a maximum period of fourteen (14) clear days from the delivery of the Product(s) or the existence of hidden defects within the time limits referred to above and return the defective Product(s) in the condition in which it/they were received with all the elements (packaging, accessories, instructions, etc.).

TOPLA will refund, replace or repair the Product(s) or part(s) under warranty deemed non-compliant or defective.

The refund will be made within a maximum period of thirty (30) days following the Company's discovery of the lack of conformity or hidden defect of the recovered Products.

Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of supporting documents.

Article 10. Liability and disputes

Subject to any public policy provisions that may be applicable, TOPLA may generally only be held liable for its own proven faults.

No compensation or penalty will be due for the reasons set out below.

In any event, compensation for any damage suffered by the Customer due to TOPLA will be made within the limit of the amount of the current contract for the acquisition of the Product.

10.1. Internet characteristics:

Consequently, TOPLA cannot, under any circumstances, be held responsible for any damage directly or indirectly linked to any of these characteristics and/or limitations.

The connection of any Client to the Site is done under the full responsibility of the Client.

10.2. Unavailability of the Site

10.3. Third Party Sites

TOPLA is not responsible for any changes or updates to third-party sites and is not responsible for the transmission of information from third-party sites or their malfunction.

10.4. Products

The Products offered comply with the legislation in force in France and have performances compatible with non-professional uses.

TOPLA is not the manufacturer of the Products and therefore cannot be held responsible for any defective Products and for any damage caused to a person or property by a defect in the Product; only the manufacturer of the Product concerned may be held responsible by the Customer.

TOPLA cannot be held liable in the following cases:

Damage to Products for which the Customer is unable to provide proof of the purchase invoice,
Non-conformity and hidden defects beyond the warranty periods referred to in the “Warranties” article of the General Terms and Conditions,
Failure by the Customer to comply with the legislation of the country where the Product is used. It is the Customer's responsibility to check with the local authorities the possibilities of using the Products ordered,
Improper use of the Product, use of the Product for professional purposes, use other than that recommended in the technical documentation,
Acts of the Customer and/or a third party, including, but not limited to: improper installation of the Product, improper maintenance of the Product, technical handling of the Product, installation of third-party products, any modification not authorized by the manufacturer of the Product, malicious intent,
Accident (for example, but not limited to: fall, breakage, theft, disappearance, etc.),
In general, all damages whose cause is external to the Product and subsequent to delivery (for example, but not limited to: fire, water damage, etc.).

The Customer chooses, uses and keeps the Products under his/her full responsibility.

Consequently, TOPLA cannot be held responsible for any direct or indirect damage, against the Customer and/or a third party, which would result from the choice and/or use of the Products which may be made by the Customer and/or third parties.

The photographs and illustrations accompanying the Products on the Site have no contractual value and therefore cannot engage the responsibility of TOPLA.

10.5. Information communicated by the Client

The Client guarantees the accuracy and completeness of the information provided to TOPLA throughout their contractual relationship, so that no guarantee will be due nor can TOPLA be held liable in the event of incorrect or incomplete information provided by the Client, spontaneously or at the request of TOPLA, or in the event of the Client's failure to respond to a request for information made by TOPLA.

10.6. Customer Facts

TOPLA cannot be held liable for damages resulting from faults, inadequacies or negligence attributable to the Client or any third party.

10.7. Proof of electronic exchanges and records

Pursuant to Law No. 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to electronic signatures, the Client acknowledges that electronic exchanges and recordings with TOPLA have the same probative force as a handwritten and signed document.

10.8. Advertising on the Site

TOPLA may freely host advertising on its Site, and has complete freedom of choice regarding the arrangement of these advertisements, the advertisers and the display of these advertisements.

Article 11. Data Protection and Confidentiality

In application of law 78-17 of January 6, 1978 amended by law n°2018-493 of June 20, 2018, the information communicated by the Customer, being essential for the processing and routing of orders, as well as the establishment of invoices, their absence results in the cancellation of the Purchase. By ordering on the Site, the Customer undertakes to provide the Company with sincere and true information concerning him. The communication of false information is contrary to these General Conditions.

The Client thus authorizes TOPLA to collect, process and use information concerning him.

Furthermore, in order to optimize the Customer's experience on its Site, TOPLA uses Cookies, subject to the choices expressed by the User, intended to store information identifying the terminal of Customers and Users during consultation of the Site.

The processing of information communicated via the Site meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.

This right may be exercised under the conditions and in accordance with the procedures defined in TOPLA's Personal Data Management Policy.

The Client's Personal Data collected by TOPLA is for the exclusive use of TOPLA and is hosted on the SHOPIFY and KLAVIYO platforms.

They may be transmitted to companies and subcontractors used by TOPLA, for example, in the context of:

The execution and delivery of orders,
Customer Service Management.
Sending newsletters and electronic or postal communications.
Collecting reviews following an order, managing customer satisfaction

The Customer may at any time make a request to TOPLA to know what information concerning him is held by it, to oppose their processing, to have them modified or deleted, by contacting customer service.

Article 12. Intellectual Property

TOPLA has all intellectual property rights relating to the Site and its content, and in particular, but not limited to, the graphic charter, title, form, plan and structure of the Site, texts, logos, brands, images and photographs, animations and videos, slogans, databases and more generally all or part of the Site.

These General Terms and Conditions do not entail the transfer of any of these intellectual property rights to a Client. Consequently, each Client is prohibited from reproducing, using and/or representing, by any process whatsoever, even partially, any element in respect of which TOPLA holds an intellectual property right in accordance with the preceding paragraph, unless prior written consent is obtained from TOPLA.

However, TOPLA grants to Customers, subject to their compliance with these General Conditions, a non-exclusive and non-transferable right to access the content present on the Site of which it holds full ownership, to download it and to print it for personal and non-commercial use.

Article 13. Hyperlink

The Client is not authorized to create one or more hypertext links on a third-party site.
linking to the home page of the Site or any other of its pages, except with the prior written authorization of TOPLA.

Any hyperlink to the Site using the "framing" technique (programming technique offering the possibility of dividing the window of a web browser into several autonomous frames in order to display the content of an external site) or "in-line linking" (process for displaying in a web page a single element extracted from another site, which saves storage space on the hard disk of the machine where the site is hosted and which has the effect of concealing from an uninformed user the original environment to which this element belongs) is strictly prohibited.

The Site may contain hyperlinks offered by TOPLA and leading to a third-party site or to a TOPLA partner site.

In any event, the existence of a hyperlink to the Site from a third-party site or on the Site to a third-party or partner site cannot engage the liability of TOPLA in any capacity whatsoever and in particular with regard to the availability, content and products and/or services available on or from this third-party or partner site.

Article 14. Eco-furniture

The Customer is informed that TOPLA is registered in the National Register of Placers of Toys on the Market of the Environment and Energy Management Agency (ADEME) under number FR289630_12JNNG.

This number guarantees that TOPLA, by adhering to Ecomobilier, is in compliance with the regulatory obligations incumbent upon it under article L. 541-10-6 of the Environmental Code.

Article 15. Partial invalidity

If one or more provisions of the T&Cs are declared invalid pursuant to a law, regulation or following a final decision by a competent court, the other provisions will retain their full force and scope.

Article 16. Non-waiver

The fact that one of the parties does not assert against the other party a breach of any of the obligations referred to in these general terms and conditions of sale cannot be interpreted for the future as a waiver of the obligation in question.

Article 17. Force majeure

The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

Article 18. Applicable law - Language

These General Conditions of Sale and the transactions resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

Article 19. Disputes

All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

In accordance with the provisions of the Consumer Code concerning "the process of mediation of consumer disputes", the Client is informed that he may in any event use free of charge the mediation service offered by the Justice Conciliator via the following link https://www.conciliateurs.fr/Trouver-une-permanence

The European Commission has put online its platform for out-of-court settlement of online disputes between consumers and professionals (known as the “ODR platform”), accessible via this link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

These General Conditions are subject to French law applicable regardless of the country of residence of the Customer and the place of conclusion of the contract. The application of the Vienna Convention on the International Sale of Goods is expressly excluded.

FAQ is available if the customer has any questions or needs information: www.playtopla.com

For any specific questions, customer service can be reached by email at hello@playtopla.com

Article 20. Pre-contractual Information – Customer Acceptance

The Customer acknowledges having been informed by TOPLA in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions, prior to their immediate purchase or placing of the order and in accordance with the provisions of Article L. 221-5 of the Consumer Code:

On the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity allowing it to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and cannot engage the responsibility of TOPLA. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities.
On the price of the Products and additional costs;
On the terms of payment (including the means of payment accepted), delivery and execution of the sales contract;
In the absence of immediate execution of the sale, on the delivery times of the Products ordered;
On the identity of the Seller and all of its contact details, the terms of termination, the processing of complaints, the methods of settling disputes, and other important contractual conditions and, where applicable, on the costs of using the remote communication technique, the existence of codes of good conduct and the deposits and financial guarantees;
On the existence and methods of implementing legal guarantees;
On the possibility of using a consumer mediator, whose contact details appear in these General Terms and Conditions, under the conditions provided for in the Consumer Code;
On the right of withdrawal (existence, conditions, deadline, methods of exercising, costs of returning this right and standard withdrawal form).

ANNEX - WITHDRAWAL FORM

Appendix to Article R. 211-1

MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of TOPLA, 1 RUELLE DU MOULLE 78630 MORAINVILLIERS hello@playtopla.com

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of Client(s): ___________________

Address of Client(s): ___________________

Signature of the Client(s) (only if this form is notified on paper): ___________________

Date :___________________

(*) Delete as appropriate.

PERSONAL DATA MANAGEMENT POLICY

TOPLA takes your privacy very seriously and will process and use information about you (Client(s)) securely. To ensure the protection of your privacy, TOPLA always acts in accordance with the Data Protection Act.

This TOPLA personal data management policy (“Policy”) applies to all transactions carried out through the online store accessible at www.playtopla.com (the “Site”) as described in our General Conditions of Sale.

The purpose of this Policy is to define what personal data of Customers TOPLA processes when browsing the site or placing an order and to explain the reasons why we process them.

TOPLA therefore advises you to read this Policy carefully. You can always contact TOPLA by writing to hello@playtopla.com

- Responsible for processing your personal data:

TOPLA, a simplified joint stock company with capital of 306,253 euros, whose registered office is located at Ruelle du Moulle 78630 Morainvilliers (hereinafter referred to as “TOPLA” or “we” or “the Company”),

Email: hello@playtopla.com

- What information is collected and processed by TOPLA?

TOPLA collects personal data relating to the Visitor or Customer consulting the Site or placing an order.

This data collection is carried out in particular:

when the User or Customer browses the Site,
when the Customer places an Order on the Site,
when the User or Customer subscribes to the newsletter,
when the User or Customer contacts Customer Service,

During your transaction, the data that you are likely to communicate to us and that we are likely to process include:

Your contact details such as your name, first name, email address, telephone number, postal address, country of residence, title, bank card number

- What information is generated automatically?

In order for the website www.playtopla.com to function optimally (for example, to be able to display the pages correctly and for the protection of the website), TOPLA needs certain information. This is why TOPLA collects information generated automatically when you use the Website.

We are therefore likely to process the following data:

Device information and connection data such as your IP address (the number on your computer that allows it to be recognized), browser type (the computer program that allows you to view Internet pages), the operating system you are using, dates and times of connection

Browsing data (the pages you visit on www.playtopla.com )
Social Media Usage Data: When you interact with social media features.
Cookies

Cookies are small pieces of information (texts) that a server sends to the browser (e.g. Internet Explorer or Safari) so that the browser can send this information back to the server on a subsequent visit. TOPLA cookies cannot damage your computer or the files stored on it. When there are no cookies that are absolutely essential to communicate with you or to perform a service explicitly requested by you, we only place cookies if you have given prior permission.

This data may be provided to third parties provided that it is made completely anonymous and cannot allow you to be identified (no personal data).

We will not knowingly collect data from European residents under the age of 16 without explicit parental consent, except as permitted by European law. In case of doubt (collection of personal information by a minor under the age of 16 without parental consent), we will delete the collected data as quickly as technically possible. If you become aware of personal data that is not collected in accordance with this Privacy Policy, please let us know at the following address: hello@playtopla.com

- What types of Cookies are used?

Technical Cookies

Technical Cookies are intended to facilitate navigation on the Site and/or Applications, to enable and improve the operation of the Sites and/or Applications as well as access to the various functionalities of the Sites and/or Applications.

You are informed that if you choose to disable these Technical Cookies, access to the services could then be altered. In this context, the Company cannot be held liable in any way.

Audience Measurement Cookies

Audience Measurement Cookies allow us to measure the traffic on the Sites and the communications sent to you (content, sections, time spent, browser used, etc.).

You are informed that these Audience Measurement Cookies may, where applicable, be placed on the Sites and/or Applications by third parties on behalf of the Company.

Third-Party Targeted Advertising Cookies (Third-Party Advertising Cookies)

Third-party advertising cookies allow us to offer advertisements tailored to your interests. They are placed by the Company or by third parties either on behalf of the Company or on their own behalf.

To learn more about targeted advertising and how you can opt-out or opt-out.

Third-party cookies linked to social media sharing buttons (Third-party social media cookies)

Third-party social media cookies allow you to share the content of the Site and/or Applications with third parties. This is particularly the case for “share” or “like” buttons from third parties such as Facebook or Twitter. The Company does not control these Third-party social media cookies and the Data collected through them by the companies managing these social networks.

If you do not want the companies managing the social networks to link the data collected through the Sites and/or Applications to the account you hold, you must first log out of the social network.

The User is invited to consult the personal data protection policies of the companies managing the social networks concerned.

Here is a list of cookies that we use. We have listed them here so that you can choose whether you want to opt-out of them or not.

_session_id, unique sessional token, Allows Shopify to store information about your session (referrer, landing page, etc).

_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider's internal stats tracker to record the number of visits.

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Calculates the number of visits to a store by a unique customer.

cart, unique token, persistent for 2 weeks, Stores information about your shopping cart.

_secure_session_id, unique session identifier

storefront_digest, unique token, undefined If the store has a password, this is used to determine if the current visitor has access.

- How long are cookies stored?

In accordance with the principles relating to Data Protection, you are informed that Cookies are kept for the period strictly necessary for the purposes for which they are used and this, within the limits defined by the competent protection authority.

- How can you manage the deposit and reading of Cookies?

11.5.1. You are informed that you can modify the settings of our browser relating to cookies in order to deactivate all or part of the cookies:

For Internet Explorer™: open the "Tools" menu, then select "Internet Options"; click on the "Privacy" tab then the "Advanced" tab; choose the desired level or follow this link: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Firefox™: Open the "Tools" menu, then select "Options"; click on the "Privacy" tab and then choose the desired options or follow this link: http://support.mozilla.org/en-US/kb/Enabling%20and%20disabling%20cookies
For Chrome™: Open the settings menu (wrench logo), then select “Options”; click “Advanced options” then in the “Privacy” section, click “Content settings”, and choose the desired options or follow this link: http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
For Opera™: Open the "Tools" or "Settings" menu, then select "Delete private data"; click the "Advanced options" tab, then choose the desired options or follow this link: http://help.opera.com/Windows/10.20/en/cookies.html

11.5.2. The main social media management companies also have pages dedicated to Cookies as presented below:

For Facebook: https://www.facebook.com/policies/cookies
For Twitter: https://support.twitter.com/articles/20171379-twitter-supports-disabling-dnt-tracking#
For Google: https://support.google.com/accounts/answer/61416?hl=en
For LinkedIn: http://www.linkedin.com/legal/cookie-policy

With regard to social networks, the User must follow the specific procedures of the social network concerned to deactivate cookies.

- For what purposes will TOPLA use information about you?

We may process your personal data on the legal basis of legitimate interest, your consent and the performance of the contract between us, for the following purposes:

Improve the User's navigation on the site
Ensure the processing and management of orders placed on the site
Propose personalized offers based on the information entered by the Customer or the purchases made by the Customer
Manage requests for information and customer service

Manage subscriptions to the newsletter and various electronic or postal communications sent by TOPLA
Manage customer product reviews
to analyze, maintain, secure and optimize the Site www.playtopla.com

TOPLA generally retains your personal data for as long as necessary for the aforementioned purposes, or to comply with legal (recording) obligations.

These collected data are intended for the exclusive use of TOPLA, which is responsible for their processing. They may be transmitted to companies and subcontractors used by TOPLA, for example, in the context of:

The execution and delivery of orders,
Customer Service Management.
Sending newsletters and electronic or postal communications.
Collecting reviews following orders, managing customer satisfaction

Furthermore, Customer data used for commercial prospecting purposes may be retained for a period of three (3) years from the end of the commercial relationship, or following the last interaction on the Site.

- How does TOPLA protect your personal information?

TOPLA maintains appropriate technical and organizational measures at all times when processing personal data, taking into account the state of the art, in order to prevent unauthorized access, modification, disclosure or loss of personal data as much as possible.

However, we cannot guarantee that the data you provide to us and that we collect will not be disclosed or destroyed by a breach of our technical protection measures.

- Exercising your rights and contact

In accordance with the applicable regulations and under the conditions it defines, you may at any time exercise your:

Right of access: you can ask the Company for information on the processing of Data concerning you.
Right of rectification: you can request the rectification of inaccurate Data concerning you when those held by the Company are erroneous or incomplete.
Right to erasure: you have the right to obtain from the Company the erasure of your Data when one of the reasons provided for by the regulations exists (uselessness of the Data, withdrawal of your consent for processing based on the latter, etc.).
Right to object: you have the right to object at any time, for reasons relating to your particular situation, to the processing of your Data, including for commercial prospecting purposes.
Right to portability of your Data: you have the right to receive the Data in a usable format.
Right to restriction: you can ask the Company to suspend the processing of your Data when one of the reasons provided for by the regulations exists (contesting the accuracy of the data, etc.).

When your Data is processed with your consent, you can revoke it at any time.

At any time, and in accordance with the provisions in force, you have the right to access, rectify, limit, delete, oppose, port and erase your data.

You can also lodge a complaint with the competent supervisory authority.

To exercise your rights, please send your request (indicating your email address, surname, first name, address and copy of your identity document) by contacting TOPLA, 1 ruelle du Moulle 78630 Morainvilliers email: hello@playtopla.com

– SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Shopify's data storage, databases, and the general Shopify application. Your data is stored on a secure server behind a firewall.

Payment :

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your order. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more information, please see Shopify's Terms of Service.

– Age of consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

- Changes to the Privacy and Cookies Policy

TOPLA reserves the right to modify its personal data management policy and therefore advises you to regularly consult this page to check if any changes have been made.