These terms and conditions of sale (hereinafter referred to as “T&Cs”) were updated on 26 January 26th, 2016.
The present T&Cs are applicable exclusively to online sales of products sold by the company Blue Frog Robotics SAS (a simplified joint-stock company), with a share capital of 11,846 Euros, registered with the PONTOISE Trade and Companies Register under number 802 107 748 and located at 8, résidence des Glaïeuls 95390 Saint-Prix, France, (hereinafter referred to as " Blue Frog Robotics " and or the “Company”) to consumers wishing to make a purchase of or pre-order remotely (hereinafter referred to as the "Buyer") one or several articles offered for sale on the website of Blue Frog Robotics at http://www.adoptbuddy.com.
Blue Frog Robotics publishes the official website which offers for sale several articles bearing the BUDDY brand (hereinafter referred to as the "Article(s)") to the Buyer. This website is accessible on the internet at the following address: http://www.adoptbuddy.com (hereinafter referred to as the "Website"). Conditions for access to and use of the Website and the Services are specified in the Terms and Conditions of Use. You hereby agree to inform yourself of these terms and conditions.
Articles are related to the "BUDDY" robot developed by Blue Frog Robotics and whose expected release date is between October 1st and 31 December 31st 2016.
The T&Cs are available directly on the Website. We advise you to take the time to read them, as well as the terms and conditions of use of the Website which are also available on the Website.
The Terms and Conditions of Sale govern the sales of Articles which are purchased on the Website by any person acting as a consumer (the Buyer) and specify the conditions applying to pre-orders, orders, payments, deliveries and management of any returns of Articles ordered.
According to articles L.111 -1 and L.111 -3 of the French Consumer Code, the essential characteristics and prices of Articles sold online are available on the Website.
In addition, the Buyer shall receive the information provided for in articles L.121-18 et seq. of the French Consumer Code, prior to and following the sale, and particularly via the present Terms and Conditions of Sale.
The Buyer declares that he has read and accepted the Terms and Conditions of Sale by ticking the box "I accept the Terms and Conditions of Sale" before validating the ordering or pre-ordering process online, so that all orders or pre-orders of Article(s) placed by a Buyer on the Website necessarily involve the Buyer’s irrevocable acceptance, without restriction or reservation, of the Terms and Conditions of Sale. The Terms and Conditions of Sale may be subject to modifications; applicable terms and conditions are those in effect on the Website on the date the order is placed.
The parties agree that the Terms and Conditions of Sale shall prevail over any other document that could bind them concerning the sale of Articles.
Whether used in the singular or plural, the expressions identified by a capital letter in the T&Cs shall have the following meaning:
Any order placed on the Website constitutes the formation of a distance sales contract between the Buyer and Blue Frog Robotics. To place the Purchase Order, the Buyer selects the chosen Articles by adding them to their "Basket" and opening a client account (hereinafter referred to as the “Account”). The terms and conditions of use of the Account are described in our Terms and Conditions of Use which you acknowledge accepting at the time you create your Account.
The Buyer undertakes, under his sole responsibility, to keep confidential his username and password to access his Account and never disclose them to third parties. Accordingly, any purchase made with these identifiers will be deemed to have been made by the Buyer as the holder of these identifiers. In the event of loss, theft or any unauthorized use of his password, the Buyer shall undertake, in accordance with that indicated in the Terms and Conditions of Use of the Website, to immediately inform Blue Frog Robotics by sending an e-mail to firstname.lastname@example.org.
The selection shown in the Basket only becomes a firm and definite order or pre-order when the Buyer validates the Articles contained in the "Basket ", by "clicking" on the icon provided for this purpose; the Buyer may proceed at any time to the removal of any Articles from the "Basket ". The Buyer is informed that all selected Articles which have not been validated by him remain available for sale to other Buyers and that Blue Frog Robotics does not guarantee that the price will remain the same if selection of the Articles is not followed by validation; the applicable price is the one in effect at the time of validation by the Buyer of his order.
The Articles offered for sale on the Website are described and presented with the utmost precision in French and English only (specifications, illustrations, content, etc.). The photographs and/or graphic designs presented on the Website are subject to the particular attention of Blue Frog Robotics. However, these elements are only indicative and may not engage the responsibility of Blue Frog Robotics nor call into question the validity of a Purchase Order. The Buyer is invited to refer to the description of each Article in order to be aware of their properties and features, in particular relating to the characteristics sought; the selection and purchase of an Article being under the Buyer’s sole responsibility.
The Article (including its packaging) shall comply with current EC standards as well as those of the ASA (American Standard Association); these standards may be different to those applicable in your country. Blue Frog Robotics guarantees that the products comply with French regulations.
The offers of Articles, which are valid while they are visible on the Website, remain within the limits of listed and available stocks, it being specified that the information concerning the availability of Articles is provided when the Purchase Order is placed and only given as an indication. If it is found that, despite the carefulness of Blue Frog Robotics, the Articles which have been ordered are no longer available, Blue Frog Robotics shall inform the Buyer by any means (telephone or email) as soon as possible and reimburse the Buyer the price they might have paid. Blue Frog Robotics shall not in any case be held liable for any stock shortage or unavailability of Articles.
The sale will only be considered final after Blue Frog Robotics has sent the Buyer a confirmation email of its acceptance of the Purchase Order and after Blue Frog Robotics has cashed the full price. The Buyer formally accepts the use of email for confirmation by Blue Frog Robotics of the content of their order or pre-order (receipt of the order).
Receipt of your order or pre-order justifies acceptance of your order or pre-order by Blue Frog Robotics, which reserves the right to decline your order or pre-order, in particular if validation of your payment fails.
The Buyer may track their order or pre-order on the Website and contact Customer Service by sending an email to email@example.com.
Blue Frog Robotics and the Buyer expressly agree that the emails and automatic recording systems (including all connection data) used on the Website shall have full evidentiary value and shall be used as proof by the parties with respect to the nature and date of the order or pre-order. The Buyer authorises Blue Frog Robotics to send him an invoice by email.
Failure by the Buyer to comply with the obligations provided in the present Terms and Conditions of Sale, in particular any incident concerning the payment of a Purchase Order, may result in the suspension of access to the Website’s store or their Account or possibly termination of the Buyer’s registration in the customer database according to the seriousness of the offence, without prejudice to any damages that could be requested by Blue Frog Robotics. Consequently, Blue Frog Robotics reserves the right to decline the Buyer’s Purchase Order with whom such a dispute would exist until resolution of said dispute, and also in cases in which the Purchase Order presents an abnormal or abusive nature.
We should like to point out the fact that certain Articles are only available by pre-ordering. A pre-order enables the Article that you have selected to be reserved and given priority delivery when the Article is officially released. As in the case of orders, the Website provides a technical description of the Articles. As in the case of orders, it is your responsibility to ensure that the Articles are compatible with your electrical and computer installations. No action may be taken against the Company failing compatibility with your installations.
The pre-ordering and ordering processes are identical and described under the Purchase Order rubric. The payment process is also identical. However, in the event of pre-ordering, we should like to draw your attention to the fact that the Company does not have the Articles available in stock on the date the pre-order is registered. In the event of products marketed solely by pre-ordering, the Buyer shall be informed of this.
However, it may be that certain Articles shall only be manufactured on condition that a certain number of pre-orders are achieved.
When a certain number of pre-orders is required before manufacturing commences, this condition and information relating to the number of required pre-orders shall be specified in addition to the description of the Article concerned and, in this situation and in the event of a Purchase Order, you are deemed to have accepted this condition by confirming your Purchase Order. If this is the case, your pre-order becomes a definite order as soon as the number of pre-orders is achieved.
Prices on the Website are in Euros or Dollars. The prices in Euros are inclusive of all taxes
The total price includes the price of the product plus any applicable VAT (in force at the date of the order).
For deliveries outside the European Union, the displayed price mentions VAT, but the displayed VAT shall not be applied. By using the Website, you designate your country of tax residence.
In the same way, in the case where delivery requires the payment of customs tariffs, the latter shall be the responsibility of the Buyer.
The Buyer is solely responsible for any additional obligations as the importer of the Article, in particular for Customs declarations and payment of duties, and any local duties and taxes that may be demanded. Blue Frog Robotics may not be held liable for any claim in respect of this. We should like to inform you that no reimbursement or indemnification shall be made in the event that the Article is confiscated by the Customs authorities.
Prices do not include delivery costs; the price of delivery costs, including VAT, as they appear on the Website and of which the Buyer will be notified before final registration of the order (or pre-order), are added to the total price of the order (or pre-order).
Articles will be invoiced based on the rates which are in effect when the Purchase order is validated by the Buyer.
Blue Frog Robotics reserves the right to change prices at any time and to correct price errors. Applicable prices are those in effect when the Purchase Order is validated. When they place a Purchas Order, Buyers are invited to ensure that the prices of the Articles to which they refer correspond to the prices appearing on the Website’s updated pages and not on an outdated page which they would have accessed via an internet search in “Cache” mode.
Unless mentioned otherwise, any discounts, rebates and advantages cannot be combined.
The BUDDY online store uses the e-Commerce MERCANET solution provided by BNP PARISBAS. After registration of the Purchase Order and delivery details, the Buyer chooses to pay online by clicking on the PAYPAL logo, or the appropriate logo corresponding to his debit/credit card (Visa, Eurocard/Mastercard) displayed on the Website. A link is then created with the MERCANET payment server provided by BNP PARISBAS, which manages the various stages of the transaction according to a protocol of secure exchanges which encrypts information (SSL: Secure Socket Layer).
Payment for Articles, including delivery costs, is entirely due when the Purchase Order is placed.
The Purchase Order for both orders and pre-orders placed on the Website shall be paid by the Buyer directly and securely online. Delivery of ordered Articles shall only take place after full payment and when such Articles are available, with the understanding that, in any case, Blue Frog Robotics RETAINS OWNERSHIP OF ORDERED AND DELIVERED ARTICLES UNTIL THEIR PAYMENT IN FULL (PRINCIPAL AND LATE PAYMENT INTEREST).
Once the Purchase Order has been accepted, you authorise Blue Frog Robotics to debit your debit/credit card or to cash any other chosen method of payment. The currency applied shall be the one you have selected. The exchange rate shall be that fixed by your bank. You are responsible for any additional costs relating to this.
All connection costs to the Website, including connection to the customer service, as well as the cost of any telephone conversation including any additional cost incurred by the operator and also the cost of postage on any letter sent to Blue Frog Robotics, for whatsoever reason, shall be at the Buyer’s expense.
Delivery is only available in France and in the other countries of the Euro zone, member countries of the European Union and non-members of the Euro Zone, as well as the USA, Canada, Switzerland, Australia, Japan, Taiwan, Singapore, Hong Kong and the Republic of Korea.
Blue Frog Robotics shall not be responsible for any eventual delivery restrictions in certain countries. The Buyer must ensure that he provides a valid address which is within a delivery zone offered by the Company.
The Article(s) purchased by the Buyer will be delivered around the date specified in the product description. BUDDY and the BUDDY options are products which are currently under development, so that availability and delivery dates are given for information purposes only at the time of placing an order or pre-order.
Deliveries are carried out by an independent carrier.
Depending upon the country and quantity of products, the Company may involve several carriers and delivery services. In certain cases, you may be contacted by the carrier, a condition which you accept.
Articles will be sent to the delivery address that the Buyer has indicated during the ordering process. The Buyer shall bear the consequences (delivery delays, impossibility of delivery, additional transport costs, etc.) arising, if appropriate, from erroneous and/or incomplete information provided by the Buyer in view of the delivery. The delivery address must correspond to the invoice address and you must ensure that the delivery address is a reliable one.
In case of significant delay in the delivery, which is not justified by an event of force majeure as defined by French case law or which is not due to a strike regardless of its cause, the Buyer may request cancellation of the sale by registered mail with acceptance of receipt sent to Blue Frog Robotics- Customer Service - 10 rue Coquillière 75001 PARIS, France. The Buyer will then obtain reimbursement of the price he paid for the Purchase Order within a maximum of thirty (30) calendar days. Except in special cases or in cases of unavailability of one or more Articles, the ordered Articles will be delivered in one batch. Unless otherwise provided in a “public order” provision which would apply to the Buyer as a consumer, the Buyer may not refuse the Articles, in whole or in part, on the grounds that delivery is incomplete.
Reception of the ordered Articles, indicated by the signature of the Buyer or any other authorised recipient on the delivery note, shall result in transfer of the risks to the Buyer.
The Buyer must therefore sign a delivery note upon reception of the products after having checked the compliance and condition of the packaging.
The Buyer is under strict obligation to check the delivery for possible damage or loss which might have occurred during transport and, if so, to notify the carrier of the usual reservations within forty-eight (48) hours and send a copy of such notification to Blue Frog Robotics by fax or email, confirmed by registered mail with acceptance of receipt.
In the event that Blue Frog Robotics erroneously delivers an Article other than that ordered by the Buyer, or in the event that Blue Frog Robotics makes a mistake in the order, said mistake must be pointed out by the Buyer to the Support Service and said Article must be returned by the Buyer at the expense of Blue Frog Robotics with the delivery note within thirty (30) days of receipt to the following address: Retour Blue Frog Robotics - 10 rue Coquillière 75001 PARIS France.
The Buyer shall have a period of fourteen (14) calendar days, starting from the date of receipt of the ordered Articles, to exercise their right of withdrawal without having to give any reason whatsoever or pay any penalties by returning said Articles to Blue Frog Robotics - 10 rue Coquillière - 75001 PARIS, France, to obtain reimbursement.
However, in application of the provisions of article L. 121-21-8 of the French Consumer Code, the Buyer shall not benefit from a right of withdrawal in the case of the supply of audio or video recordings unsealed by the consumer after delivery has taken place; or in the case of the supply of digital content not supplied on material support, where execution has been started after the consumer’s express prior agreement and the express waiver of his right of withdrawal.
In the event that the Buyer enjoys a right of withdrawal, the Buyer will be able to return the purchased Article within the aforementioned period, the date mentioned on the delivery form being binding, subject to the following conditions:
a) Articles must be returned undamaged and in their original condition, in their original packaging, complete, with their tags still on and intact. Right of withdrawal shall not be exercised if the Articles are damaged or deteriorated by the Buyer.
b) Articles must be returned with the returns note, the text of which is shown at the bottom of these Terms and Conditions of Sale and which was also included in the package and the delivery note, to the following address: Retour Blue Frog Robotics - 10 rue Coquillière - 75001 PARIS, France. Blue Frog Robotics recommends to Buyers to subscribe to a package tracking option in order to avoid any inconvenience in the event of loss or theft of Articles during return shipping.
c) The amounts paid by the Buyer, with the exception of delivery costs, will be fully refunded, at the discretion of Blue Frog Robotics, by bank transfer to the account specified for this purpose by the Buyer, or by crediting the card used for the order, or by cheque, within a maximum of fourteen (14) days after the Buyer has exercised his right of withdrawal. An email confirming the reimbursement will be sent to the Buyer. The Buyer shall be exclusively responsible for paying the return cost.
d) The Buyer will be able, if he so wishes and upon proposal by Blue Frog Robotics, to opt for another method of reimbursement in the form of a credit note or a coupon valid for 6 to 12 months.
e) In the event that only part of the Articles is returned, shipping costs will not be reimbursed by Blue Frog Robotics since the Buyer benefited from the delivery service for the Articles retained, and since shipping rates do not depend on the volume of Articles ordered.
f) In the event that Articles are returned after the withdrawal period of fourteen (14) days or if they are returned within the withdrawal period but appear to have been damaged or deteriorated by the Buyer, the latter will not be refunded. Upon request of the Buyer, these Articles may also be returned to him at his expense during a period of one (1) month.
It should be noted that whoever is the final recipient of the Article purchased by the Buyer, the right of withdrawal may only be exercised by the Buyer.
The Buyer guarantees that the information requested regarding his personal situation is correct. The Buyer is informed that information in connection with his order is subject to automatic data processing. Blue Frog Robotics guarantees that the processing of the Buyer’s personal data has been declared to the French Commission on Information Technology and Liberties (CNIL). CNIL declaration number: 1893570
According to the French Data Protection Act N°78-17 of 06 January 1978, as amended by the Act of 06 August 2004, it should be noted that nominative personal data requested from the Buyer is necessary in order to process his Purchase Order and is intended for internal use by Blue Frog Robotics which may transmit this data to third parties such as carriers or banks so that the processing of the Buyer’s orders can be properly carried out. Blue Frog Robotics may also use this data to send offers of Articles to the Buyer, provided it has obtained his prior approval. As provided by law and applicable regulations, with regard to information concerning the Buyer, he has a right of access, modification and removal, which can be exercised by contacting customer service by email: firstname.lastname@example.org.
Blue Frog Robotics may have to request supporting documentation from the Buyer (Debit/Credit card holder’s ID, proof of address, etc.). In case the Buyer refuses to communicate such documents or information, Blue Frog Robotics shall cancel the order and proceed to reimbursement of the Article.
In the event that an invoice is not paid because of the fraudulent use of a credit/debit card and for any irregular or false declaration made by the Buyer, the Buyer’s details related to the order associated with this non- payment will be registered in the payment incident file of Blue Frog Robotics.
The Website and each of its components, including but not limited to, texts, images, photographs, illustrations, sounds, music, videos and the underlying technology are, unless otherwise provided, the exclusive property of Blue Frog Robotics or its partners. Therefore, according to the provisions of the French Intellectual Property Code and international conventions, any reproduction or representation, including any downloads and any transmission by any means whatsoever, in full, partially and / or modified, of the Website or of any of its components, is prohibited. The same applies to adaptations or translations.
However, it is possible to download a copy of the documents on a computer for the Buyer’s personal use and solely for non-commercial purposes provided no modifications are made to the information contained on the Website, and all copyrights and other proprietary notices which have to remain intact. Any modification of the documents or any use of these documents for non-personal purposes violates the aforementioned intellectual property rights.
Any hypertext link to the Website using framing, in-line or deep linking techniques is strictly prohibited. In any case, any link shall be removed immediately upon the request of Blue Frog Robotics.
The corporate names, trademarks, designs, logos and distinctive signs appearing on the Website are legally protected; any reproduction, representation or use of all or part of these elements, in any way and for any purpose whatsoever, is strictly prohibited. According to laws in force, no person shall, under penalty of prosecution, reproduce or represent, in whole or in part, the above elements which belong to Blue Frog Robotics, including when they are part of one or more Articles that the person has purchased or seen. It is also prohibited to transmit information to third parties allowing total or partial reproduction of these elements, in which case the person would be complicit in the offence.
Without prejudice to any actions taken against the carrier, complaints made regarding the Articles’ visible defects will only be accepted provided they are made in writing and sent by registered mail to Blue Frog Robotics - Customer Service – 10 rue Coquillière- 75001 PARIS, France, or by email to the following address: email@example.com, with all relevant supporting documents, within fourteen (14) days of the date of receipt of the Articles by the Buyer. After this period and having failed to comply with these formalities, the Articles shall be considered as being without defect and no further claim may be validly accepted by Blue Frog Robotics.
Blue Frog Robotics will replace as soon as possible and at its own expense the Articles which show visible defects and whose return has been accepted when it has observed, once they are returned, that they do in fact show visible defects. The Buyer has the option to request reimbursement of said Articles. If the Buyer has decided in favour of reimbursement, the Article will be reimbursed within fourteen (14) days from the date Blue Frog Robotics receives the returned Article.
Blue Frog Robotics shall not guarantee in any way that (i) Article(s) will meet all requirements of the Buyer, and (ii) that the Website will be continuously available without interruption or error. The liability of Blue Frog Robotics hereunder is strictly limited to direct damage resulting from the sale of the Articles. Accordingly, the liability of Blue Frog Robotics is limited, as appropriate, to the replacement of defective Article(s) or their repair, and no other damage can be claimed by the Buyer. In any case, the liability of Blue Frog Robotics, for any reasons whatsoever, shall not exceed the cost of defective or damaged Article(s).
Indeed, Blue Frog Robotics excludes any other liability, on any basis whatsoever, for indirect damage such as loss of profit, commercial or pecuniary loss, increase in general expenses, the consequences of a third party’s action or loss of opportunity, having their origin or resulting from the sale or lack of sale of one or several Article(s).
However, under current regulations, Blue Frog Robotics is subject to the provisions of Articles L.211-4, L.211-5 and L. 211-12 of the French Consumer Code and articles 1641 and 1648 of the French Civil code:
Article L 211-4 of the French Consumer Code: “The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility”.
Article L 211-5 of the French Consumer Code: “To conform to the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to”.
Article L 211-12 of the French Consumer Code: “Action resulting from lack of conformity lapses two years after delivery of the product”.
Article 1641 of the French Civil Code: “The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”.
Article 1648 of the French Civil Code: “An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice. In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent vices or wants of conformity”.
It is specified that the above guarantees do not apply to normal wear and tear of certain parts of the articles, nor in the case of professional or collective use, or to damage of the Articles caused by external causes.
We should like to inform you that spare parts considered essential for the use of an Article shall be available during the period that said Article is marketed and for a period of two (2) years from the date said Article ceases to be marketed. In the event that spare parts are ordered, delivery shall take place within a maximum period of two (2) months from acceptance by Blue Frog Robotics of the order.
Any payment, correspondence, information or complaint from the Buyer with respect to the Website and/or any Purchase Order placed on the Website must be sent, at the Buyer’s expense, to the following address: Blue Frog Robotics - Customer Service – 10 rue Coquillière 75001 PARIS, France – or, if applicable, to the following email address: firstname.lastname@example.org.
The Customer Service telephone number is as follows: +33 (0)1 81 70 99 42 (at the cost of a local call). Customer Service is available by telephone from Monday to Friday, from 09.00 to 13.00 and from 14.00 to 18.00.
Blue Frog Robotics acts as an independent trader and under its sole responsibility in its relationship with Buyers.
All Purchase Orders placed with Blue Frog Robotics, regardless of the country of delivery, are governed by the Terms and Conditions of Sale.
Moreover, the language of the present Terms and Conditions is French. In case of difficulties in interpreting the Terms and Conditions, the parties should refer to the French text.
The Buyer is informed that Blue Frog Robotics shall keep all contracts under an electronic format for a period of ten (10) years and that the Buyer may consult said contract by sending a request by email to email@example.com. Concerning the use of the Internet, Blue Frog Robotics may not be held liable for any break in the service, computer viruses or external intrusions or, more generally, in cases of force majeure.
The Terms and Conditions of Sale are governed by French law. The United Nations Convention on Contracts for the International Sale of Goods signed in Vienna on April 11th, 1980 shall not apply to international sales. All disputes which may arise from the Terms and Conditions of Sale, regarding their validity, interpretation or implementation and, more generally, any dispute regarding sales made via the online store of Blue Frog Robotics and which may not be solved amicably or by mediation, shall be submitted to the jurisdiction of French courts under conditions of ordinary law.
In cases in which legislation or regulations admit the application of clauses conferring jurisdiction to certain courts, the only competent courts shall be those within the jurisdiction of the Paris Court of Appeal.