The online store of the website www.xilam.shop (hereinafter the " Store ") was set up by the company Xilam Animation, a public limited company with capital of €491,130, registered in the trade and companies register of Paris under number 423 784 610 and whose registered office is located at 57 boulevard de la Villette, 75010 Paris, France (hereinafter “ Xilam ”).
Xilam's main activity is the production and distribution of animated audiovisual programs for children, adolescents and adults, broadcast worldwide on television or on digital video-on-demand platforms (hereinafter " Cartoons "). The Store set up by Xilam allows the distance selling, by Xilam to the consumer, of products derived from these Cartoons (hereinafter the “ Product(s) ”).
The management of orders, including payments, has been entrusted by Xilam to Ad Astra Corporation, also called AAC or Le Super Atelier, a limited liability company with capital of €12,450, registered in the trade and companies register of Rouen under number 789 710 118 and whose registered office is located at 221 rue Jacqueline Auriol, 14760 Bretteville-sur-Odon, France (hereinafter the “ Service Provider ”).
These general terms and conditions (hereinafter the “ General Terms and Conditions ”) consist of 3 parts:
Are annexed to these General Conditions:
- The legal notices, accessible here (hereinafter the “ Legal Notices ”), allowing precise identification of Xilam,
- The conditions applicable to delivery and returns, accessible here (hereinafter the “ Delivery & Returns Conditions ”), which also detail the conditions applicable to replacements and refunds,
- The privacy policy applied by Xilam, accessible here (hereinafter the “ Privacy Policy ”), which specifies the conditions for the management of personal data, as well as cookies, within the framework of the Store.
Part 1 – General Terms of Use (GTU)
1.1. Object
These T&Cs apply between Xilam and any natural person accessing the Store (hereinafter the " User "), in order to consult it and/or use the features made available by Xilam (subscription to the newsletter , etc. ), and are intended to define all the rights and obligations of Xilam and the User.
1.2. Scope
Any connection to the Shop automatically implies full acceptance by the User of the rules and conditions defined in these T&Cs. In the event that the User refuses to adhere to these T&Cs, he must imperatively refrain from connecting, accessing, visiting, consulting and/or using the Store, including the features present on the Store, in any way whatsoever.
These T&Cs therefore enter into force on the date the User connects to the Shop and are concluded for the duration of the User's visit, until the end of their session.
1.3. Contract documents
The contract concluded between Xilam and the User is formed by Part 1 and Part 3 of these General Conditions (with the exception of the Delivery & Returns Conditions which are only applicable between a Customer and Xilam).
No general or specific condition appearing in the documents sent or delivered by the User may be incorporated herein.
Part 2 – General Conditions of Sale (GTC)
2.1. Object
These T&Cs apply between Xilam and any natural person consumer making a purchase on the Store (hereinafter the " Customer "), and are intended to define the rights and obligations of Xilam and the Customer.
2.2. Scope
By ticking the box provided for this purpose when validating the basket and clicking on the "Validate" button, the Customer accepts these GCS without reservation (including all of its appendices) and places an order with Xilam. . These T&Cs therefore apply to all sales of Products made through the Shop.
Thus, any order taking under a Product appearing within the Shop supposes the prior consultation by the Customer of these GCS.
These GCS therefore enter into force on the date of signature of the order form and are concluded for the duration necessary for the supply of the Products ordered, until the expiry of the guarantees due by Xilam.
The Customer acknowledges being fully informed of the fact that his agreement concerning the content of these GCS does not require the handwritten signature of this document. By ticking the box provided for this purpose at the time of validation of the basket and by clicking on the "Validate" button, the Customer acknowledges that he is electronically signing the order form and confirming his acceptance of the GCS, this electronic signature having between the parties the same value as a handwritten signature. Thus, the Customer declares to have read all of these T&Cs and to accept them without restriction or reservation, and further acknowledges having benefited, where applicable, from the advice and information necessary to ensure the adequacy of the provides for his needs.
The Client declares and warrants:
- Be able to legally contract under French law,
- Being a consumer within the meaning of the Consumer Code, and therefore the acquisition of the Product(s) is not directly related to his professional activity, their acquisition being reserved for personal use. As a consumer, the Customer therefore has specific rights, which would be called into question in the event that the Products acquired within the framework of the Shop would in reality be related to his professional activity.
2.3. Contract documents
The sales contract concluded between Xilam and the Customer is formed by the following contractual documents, presented in descending hierarchical order: (i) Part 2 and Part 3 of these General Conditions (including the annexes listed in the preamble below); (ii) the purchase order. In case of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.
For all intents and purposes, it is specified that the application of the T&Cs and the T&Cs may be combined in the event that the Customer is also a User.
No general or specific condition appearing in the documents sent or delivered by the Customer may be incorporated herein, since these documents would be incompatible with these GCS.
The information recorded by Xilam constitutes proof of all transactions, unless proven otherwise.
2.4. Products
The Shop allows the Customer to remotely order the Products offered for sale online on the Shop, and this only for the following territories: Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, France, Germany, Greece , Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Republic of Cyprus, Czech Republic, Netherlands, Poland, Portugal, Romania, United Kingdom, Slovakia, Slovenia, Switzerland and Sweden (hereinafter the “Territories "). Xilam will therefore refuse any order for which the delivery address is located outside the Territories.
It is specified that the Products belonging to the toy category comply with CE standards (“European Conformity”).
Xilam offers the Products for sale on the Store, together with the following information:
- The presentation of the essential characteristics of each Product offered, under the conditions provided for in Article L.111-1 of the Consumer Code,
- The indication in Euros of the price including all taxes (TTC) of the Products, as well as the delivery costs,
- The indication of the terms of payment, delivery or execution if these differ from these T&Cs,
- The period of validity of the offer or the price if applicable, it being understood that the offers are only valid within the limits of available stocks.
Elements such as, in particular, photographs, texts, graphics, illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges and accepts.
Xilam also offers for sale on the Shop gift cards of a determined amount ( € 20 , €50 or €100) (hereinafter the “Xilam Shop Gift Card”). A Xilam Shop Gift Card is delivered to the Customer by email, in the form of a unique code. It is valid for a period of 1 (one) year following the date of its purchase, and can be used: (i) to make purchases on the Store only, and (ii) on more than one order provided that the balance of the Xilam Shop Gift Card is sufficient.
A Xilam Shop Gift Card, even partially consumed, cannot be exchanged, resold, or credited to a card or bank account, and cannot give rise to any monetary consideration from anyone. . For the purposes of these Terms and Conditions, the term "Product" includes the Xilam Shop Gift Card, unless otherwise provided.
2.5. Order
The summary of the order will be confirmed by e-mail, at the latest at the time of delivery or failing that, to the delivery and/or billing address indicated by the Customer within of the purchase order.
Orders will be processed within the limits of our available stocks or subject to stocks available at the Service Provider. In case of unavailability of the Product ordered, the Customer will be informed as soon as possible. The Customer will then benefit from a refund under the conditions stipulated on the Delivery & Returns page of the Store.
2.6. Price and payment
The prices are indicated in euros all taxes included (TTC) and are only valid upon validation of the order by the Customer. Xilam reserves the right to modify its prices at any time for the future.
Customs duties or other local taxes or import duties or state taxes may be payable in certain cases, but these duties and sums are not the responsibility of Xilam. They will then be the responsibility of the Customer and are his responsibility (payment to the competent authorities, etc.). Xilam therefore invites the Customer to first inquire about these aspects with the corresponding local authorities.
The prices do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order.
Payment is due immediately upon order. At no time can the sums paid be considered as a deposit or down payment. For all intents and purposes, the Products remain the property of Xilam until full payment of the price by the Customer.
To pay for his order, the Customer has, at his option, all the payment methods offered on the Shop during the order validation procedure.
The Customer's payment will be made for the benefit of the Service Provider and the invoice will be issued by the Service Provider.
In accordance with article L.132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information when ordering, the Customer authorizes the Service Provider to debit his card for the amount relating to the price indicated. Cards domiciled outside France must be international bank cards (Mastercard or Visa). Moreover, the information transmitted is encrypted and cannot be read.
The Customer guarantees Xilam that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. Xilam reserves the right to suspend any order management in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. Xilam notably reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
The computerized registers, kept in the computer systems of Xilam or, where applicable, of its duly authorized representative under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
2.7. Customer order management
The conditions applicable to the management of the Customer's order are stipulated on the Delivery & Returns page of the Store, which includes in particular the conditions of preparation, shipping and delivery of the order, the conditions applicable to returns, refunds, as well as the Shop's customer service contact.
2.8. Right to retract
Xilam reminds the Customer that he has a right of withdrawal under the conditions provided for in Article L.221-18 of the Consumer Code. Thus, the Customer has a period of 14 days to exercise his right of withdrawal without having to justify reasons and without paying penalties, with the exception of return costs which remain the responsibility of the Customer. For all intents and purposes, it is reminded that this right of withdrawal also applies to the Xilam Shop Gift Card.
The aforementioned period of 14 days runs from receipt of the Product by the Customer or any third party duly authorized by the latter. In the case of an order comprising several Products, the period runs from the receipt of the last Product by the Customer or any third party duly authorized by the latter. In the case of a Xilam Shop Gift Card, the period runs from the date of purchase of this Xilam Shop Gift Card.
In accordance with Council Regulation No. 1182/71/EEC of June 3, 1971 determining the rules applicable to deadlines, dates and terms:
- The day of receipt of the Product is not counted in the aforementioned period,
- The period begins to run at the beginning of the 1st hour of the 1st day and ends on the expiry of the last hour of the last day of the period,
- If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the 1st following working day.
The procedures for exercising the right of withdrawal are detailed in the paragraph “What to do if you change your mind about your order? on the Shipping & Returns page of the Store.
Given the unique nature of a personalized Product at the Customer's request (in textile printing, embroidery, etc.), a personalized product may not be returned or exchanged, in accordance with Article L. 121-28--3° of the Consumer Code. The Customer therefore does not have the right to invoke any right of withdrawal for a personalized Product.
2.9. Legal guarantee of conformity
In accordance with article L.217-3 of the Consumer Code, the Customer benefits from Xilam, as seller of the Products, of a legal guarantee of conformity.
A Product is compliant if it meets the following cumulative criteria:
- The criteria for compliance with the purchase order, as set out in article L.217-4 of the Consumer Code,
- The compliance criteria set out in article L.217-5 of the Consumer Code.
Xilam is liable for defects in conformity of the Product existing at the time of delivery of the Product, and which appear within a period of 2 years from this. Xilam also responds, during the same time limits, to non-conformities resulting from the packaging.
The procedures for exercising this guarantee are detailed in paragraph "B. If you discover an anomaly after delivery of your order" and in paragraph "C. A full or partial refund if your Product is not compliant or has a defect. hidden (exercise of a guarantee)” on the Delivery & Returns page of the Store.
It is specified that given the nature of the Products offered on the Shop, Xilam will not be able to bring the Product into conformity.
2.10. Warranty against hidden defects
In accordance with articles 1641 and following of the Civil Code, the Customer benefits from Xilam, as seller of the Products, of a legal guarantee against hidden defects.
The Customer is reminded that any action resulting from redhibitory defects must be brought by the Customer within 2 years from the discovery of the defect.
In this hypothesis of the exercise of this guarantee, the Customer can choose between the resolution of the sale or a reduction of the sale price.
The procedures for exercising this guarantee are detailed in paragraph "B. If you discover an anomaly after delivery of your order" and in paragraph "C. A full or partial refund if your Product is not compliant or has a defect. hidden (exercise of a guarantee)” on the Delivery & Returns page of the Store.
Part 3 – Provisions common to the T&Cs and T&Cs
3.1. Intellectual property
The Products, characters, names, titles, texts, images, data, videos, domain names, trademarks, software, or more generally any information present on the Shop and subject to intellectual property rights are and remain the exclusive property of Xilam and/or its partners, worldwide.
No assignment of intellectual property rights is made during the sale.
Any reproduction, modification, adaptation, retransmission, publication, use, distribution and/or exploitation, total or partial, of any element of the Shop, for any reason whatsoever, is strictly prohibited and can therefore only be done with the prior written authorization from Xilam, its partners and/or assignees.
Xilam expressly reserves all of its rights in this regard, as well as its right to sue any offender.
3.2. Hyperlink to the Shop
Xilam authorizes the establishment of a hypertext link to the homepage of the Store under the following cumulative conditions:
- The establishment of the hypertext link must be directed to the home page of the Store only. Links to pages other than the Shop's home page are therefore not permitted,
- The establishment of the hypertext link must be made from (i) a website belonging to, or (ii) a page of a social network (Facebook, Instagram, etc.) managed by, the person establishing the Hyperlink,
- The establishment of the hypertext link must not harm the reputation of Xilam and/or its partners,
- The establishment of the hypertext link should not suggest any form of association, approval or support on the part of Xilam and/or its partners.
More generally, the person establishing a hypertext link to the homepage of the Store must do so legally and without profit.
If the above criteria are not met, any establishment of a hypertext link to the Store must be subject to the prior written authorization of Xilam.
3.3. Hyperlink from the Store
The Shop may contain hypertext links to online public communication services (including to pages on social networks) published by Xilam and/or third party partners of Xilam and/or third parties who can provide assistance to the Customer where applicable (hereinafter the “ Third Party Sites ”), over which Xilam has no control. Xilam therefore declines all responsibility for the content of Third-Party Sites. Furthermore, the presence of hypertext links to Third-Party Services does not mean that Xilam approves in any way whatsoever of the Third-Party Services or the information and content they may contain.
3.4. Limitation of Liability
Apart from the cases expressly provided for by the provisions in force, Xilam's liability is limited to direct and foreseeable damage resulting from the use by the User and/or the Customer of the Shop and, where applicable, of the Products sold. and sent by Xilam to the Customer. Thus, neither Xilam, nor its Service Provider, nor its suppliers can be held liable for damages resulting from a fault on the part of the User or the Client, or from non-performance or poor performance of its obligations. The same applies to an unforeseeable and insurmountable fact of a third party unrelated to the service or in the event of unforeseeable, irresistible and external force majeure. Concerning the Xilam Shop Gift Card, it is specified that the use of the Xilam Shop Gift Card is the sole responsibility of the Customer, and that therefore Xilam cannot be held liable in any case in the event of theft or loss of the unique code linked to the Xilam Shop Gift Card.
Xilam does not guarantee that the Store will be available without interruption. Furthermore, Xilam reserves the right to suspend, withdraw or limit the availability of all or part of the Store and/or the Products for commercial, operational and/or legal reasons.
Xilam declines all responsibility in the event of use of the Store by the User and/or the Client that does not comply with these General Conditions.
3.5. force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
Will be considered as fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within 10 business days following the date on which it becomes aware of them. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, as well as the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the User or the Customer.
The two parties will then come together, within 1 month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than 3 months, these General Conditions may be terminated by the injured party.
3.6. Privacy policy and personal data
The collection and processing of personal information of the User and/or the Customer carried out within the framework of the Shop is done with respect for privacy in accordance with law n ° 78-17 of January 6, 1978 relating to the modified data processing, files and freedoms and European regulation 2016/679 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, which entered into force on May 25, 2018 .
The conditions for the collection and processing of the User's and/or Customer's personal data, as well as all the information relating to the cookies present on the Store, are stipulated on the Privacy Policy page of the Store.
3.7. Partial invalidity of a clause
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
3.8. Non-waiver
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
3.9. Securities
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
3.10. Updating of contractual documents and applicable version
Xilam reserves the right to modify, at any time, all or part of the contractual documents (excluding the order form). Consequently, Xilam is free to modify these General Conditions at any time, including all or part of its appendices.
These modifications are brought to the attention of the User and/or the Customer by the simple fact of their posting on the Shop. Consequently, any User and any Customer connecting to the Store is invited to consult the contractual documents during each visit in order to be aware of their latest version on the Store.
It is specified that are applicable:
- For the User: the contractual documents, listed in paragraph 1.3 above, in force when the User connects to the Shop,
- For the Customer, the contractual documents, listed in paragraph 2.3 above, in force on the date of signature of the order form by the Customer.
It is recommended that the User and the Client save these General Conditions, including its appendices, for future consultation, it being specified that this saving is their sole responsibility.
3.11. Applicable law & competent court
These General Conditions are subject to French law both for the rules of substance and for the rules of form.
It is specified that the Store complies with French law and, under no circumstances, Xilam gives any guarantee of compliance with the local legislation that would be applicable to you, when the Customer accesses the Store from other countries.
Any dispute between a User and/or Client on the one hand, and Xilam on the other hand, must be the subject of a prior attempt at an amicable settlement between the parties. To this end, the User and/or Customer must first send Xilam's customer service an email detailing their complaint to the address shop@xilam.com .
In the event of a complaint from a Customer residing in a country of the European Union, the Customer also has, in accordance with the applicable law, the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute. which opposes him to Xilam. To do this, the Customer can use the online resolution platform made available by the European Commission, accessible at this URL address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN .
In the event of failure of discussions with a view to an amicable settlement, the dispute relating to the formation, interpretation and/or execution of all or part of these General Conditions, including in summary proceedings or on request, will be submitted to the competent French courts.
These Terms and Conditions were last updated on 216/05/2023.