TERMS AND CONDITIONS

Between Froggy&Co SAS, located at 11 rue de Vaugirard 75006 Paris, with a share capital of €1,000, registered in the Paris Trade and Companies Register, SIRET 80822874600026, represented by Mr. Guillaume Fellus, as President, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the FAQ page of the site.

Hereinafter referred to as the "Seller", Froggy&Co SAS on one hand,
And the natural or legal person proceeding with the purchase of products or services from the company, Hereinafter referred to as "the Buyer", or "the Client"
On the other hand,
It has been exposed and agreed as follows:

PREAMBLE

The Seller is a publisher of Froggymouth products and services exclusively for consumers, marketed through its websites (https://www.froggymouth.com and https://www.froggymouth-patient).
The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.

Article 1: Object

These General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.

Article 2: General provisions

These General Terms and Conditions of Sale (GTC) apply to all sales of Products, carried out through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTCs are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These GTCs can be consulted on the Company's website. The Company also ensures their acceptance is clear and unreserved by setting up a checkbox and a click of validation. The Client declares to have acknowledged all of these General Terms and Conditions of Sale, and where applicable the Special Conditions of Sale related to a product or service, and to accept them without restriction or reserve. The Client acknowledges that they have received the necessary advice and information to ensure the offer meets their needs. The Client declares to be able to legally contract under French laws or validly represent the natural or legal person for whom they are committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 2: Prices

The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in EUROS including all taxes (VAT + other possible taxes) on the product order page when the user is logged into their customer account (which can be created via the “My Account” page), and excluding specific shipping costs. Customs duties or other local taxes or import duties or state taxes may be payable in some cases. These duties and sums are not the responsibility of the Seller. They will be at the Buyer's expense and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the Buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future, but the products will be invoiced based on the rates in effect at the time of your order validation. The telecommunication costs necessary to access the Company's websites are borne by the Client. If applicable, delivery costs as well.

Article 3: Conclusion of the online contract

The Client must follow a series of specific steps for each Product offered by the Seller to be able to carry out their order. However, the steps described below are systematic:
➢ Information on the essential characteristics of the Product;
➢ Selection of the Product, if applicable of its options, and indication of the essential data of the Client (identification, address...);
➢ Acceptance of these General Terms and Conditions of Sale.
➢ Verification of the elements of the order and, if necessary, correction of errors.
➢ Following the instructions for payment, and payment of the products.
➢ Delivery of the products. The Client will then receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. For the products delivered, this delivery will be made to the address indicated by the Client. For the proper execution of the order, and in accordance with Article 1316-1 of the Civil Code, the Client commits to providing their true identification elements.
The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith or for any legitimate reason.

Article 4: Products and services

The essential characteristics of the goods, services, and their respective prices are made available to the buyer on the company's websites. The customer attests to having received a detail of the delivery costs as well as the payment, delivery, and execution terms of the contract. The Seller commits to honoring the Client's order within the limit of the available Product stocks only. Otherwise, the Seller informs the Client. This contractual information is presented in detail and in the French language. In accordance with French law, it is summarized and confirmed when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the Product offers and their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when these relate to a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are solely to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions on conformity and hidden defects, the Seller refunds or exchanges apparently defective products or those not corresponding to the order. The refund can be requested in the following way: by email to the address contact@froggymouth.com within 30 days after the receipt of the order. The package must be returned to Froggy&Co SAS without having been damaged. The refund will be made by check within 15 days.

Article 5: Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 6: Delivery terms

The products are delivered to the delivery address that was indicated during the order and the indicated time frame. This time frame does not take into account the preparation time of the order.

In case of shipment delay, please contact us so we can track your package and ensure you receive it as quickly as possible.
In case of delivery delay, the Client has the possibility to resolve the contract under the conditions and modalities defined in Article L 138-2 of the Consumer Code. The Seller then proceeds to refund the product and the "outward" costs under the conditions of Article L 138-3 of the Consumer Code.
The Seller provides a telephone contact point (cost of a local call from a landline) which is 7 86 29 11 97.
The Seller reminds that at the moment the Client physically takes possession of the products, the risks of loss or damage of the products are transferred to them. It is the Client's responsibility to notify the carrier of any reservations about the product delivered.
If you consider that a package has been damaged, you can refuse it, and the post will return it to us. Please contact us in this case so we can resend the order as quickly as possible.

Article 7: Availability and presentation

Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. In case of unavailability of an item for a period longer than 15 working days, you will be immediately informed of the foreseeable delivery times and the order of this item can be canceled on simple request. The Client can then request a credit for the amount of the item or its refund.

Article 8: Payment

Payment is due immediately upon order, including for pre-ordered products. The Client can make the payment by credit card, bank check, or wire transfer. Cards issued by banks domiciled outside France must necessarily be international credit cards (Mastercard, Visa, or Amex). Secure online payment by credit card is made by our payment service provider. The transmitted information is encrypted in the state of the art and cannot be read during transit on the network.
Once the payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their bank information during the sale, the Client authorizes the Seller to debit their card for the amount relative to the indicated price. The Client confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by right and the order canceled.

Article 9: Withdrawal period

In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a fourteen-day cooling-off period to exercise their right of withdrawal without having to justify reasons or to pay penalties, except, where applicable, the cost of return". "The period mentioned in the preceding paragraph runs from the receipt for the goods or from the acceptance of the offer for the services". The right of withdrawal can be exercised by contacting the Company in the following way: by email at the address contact@froggymouth.com
In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased products and the shipping costs will be refunded; the return costs remain the responsibility of the Client.
Returns of products must be made in their original state and complete (packaging, accessories, manual...) so that they can be re-commercialized as new; they should if possible be accompanied by a copy of the purchase receipt.
Refund procedure: the refund will be made via the sending of a bank check to the desired order within 15 days after the receipt of the return of the order.

Article 10: Guarantees

In accordance with the law, the Seller assumes two guarantees: compliance and relating to hidden defects of the products. The Seller refunds the buyer or exchanges apparently defective products or those not corresponding to the made order.
The request for a refund must be made in the following way: by sending an email to the address contact@froggymouth.com with proof of the non-respect of one of these two guarantees by the seller
The Seller reminds that the consumer:
– has a period of 2 years from the delivery of the goods to act with the Seller
– that they can choose between the replacement and the repair of the goods apparently defective or not corresponding
– that they are exempted from providing proof of the existence of the goods' lack of conformity during the six months following the delivery of the goods.
– that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016
– that the consumer can also assert the guarantee against hidden defects of the sold thing within the meaning of Article 1641 of the Civil Code and, in this case, they can choose between the resolution of the sale or a reduction of the sales price (provisions of Articles 1644 of the Civil Code).

Article 11: Complaints - Disputes - Applicable Law

Complaints: If applicable, the Buyer can present any claim by contacting the company via the following email address contact@froggymouth.com

Applicable law: This contract is subject to French law. The language of this contract is French. In case of a dispute, the French courts will have exclusive jurisdiction.

Disputes: In case of a dispute, the courts of Paris (75000) will have exclusive jurisdiction.

Article 12: Intellectual Property Rights

The seller remains the sole owner of the rights to exploit the trademarks, products, domain names, software, images, videos, texts, or more generally any information subject to intellectual property rights. No transfer of intellectual property rights is carried out through these GTC. Any total or partial reproduction, modification, or use of these goods for any reason whatsoever is strictly prohibited.

Article 13: Force Majeure

The execution of the seller's obligations at the end of the present is suspended in case of the occurrence of a fortuitous event or force majeure that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 14: Invalidity and modification of the contract

If one of the stipulations of this contract was canceled, such nullity would not entail the nullity of other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.

Article 15: Personal data protection

In accordance with the Data Protection Act of January 6, 1978, you have the rights to query, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you consent to us collecting and using this data for the fulfillment of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. You just need to click on the link at the end of our emails or contact the processing manager (the Company) by registered letter.

Article 16 Limitation of liability clause

A limitation of liability clause of the Seller for the realization of the service to €49.55 is stipulated.

Article 17: Applicable law

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