ARTICLE 1 – GENERAL PROVISIONS
Better Follow Flo is a limited liability company, trading under the name UNICORN FLOAT. Its registered office is located at avenue Henri Deschamps, 01700 Miribel, France, registered on 07/29/2022 at the R.C.S of the Commercial Court of Bourg-en-Bresse under the number 917 983 942.
Better Follow Flo is represented by its President, Mr. Florent Verney.
The company's contact details are as follows:
- Address: Avenue Henri Deschamps, 01700 Miribel, France
- E-mail: info@unicornfloat.com
The Company edits and operates the Site. It mainly sells giant inflatable floats, inflatable pool mattresses, small inflatable floats, baby inflatable floats, and inflatable cup holders.
The Site is hosted by Rapidenet, 3 Rue Flaubert Suite 8 J5R 0E9 Candiac, Quebec Site, support@rapidenet.ca, 1-866-570-2203.
These General Terms and Conditions of Sale aim to define the contractual relationships between the Company and the Buyer and the conditions applicable to any purchase of Products made through the website.
These Conditions constitute a legally binding agreement that binds the Buyer to the Company and governs their access to the Site and its use, including its sub-domains and any other sites through which UNICORN FLOAT provides its Services.
As such, the Site may contain links to third-party websites or resources that may be subject to different General Terms and Conditions of Sale and personal data protection practices.
The way UNICORN FLOAT collects and uses personal data in connection with the Client's access to the Site and use of the Site is described in these General Terms and Conditions.
ARTICLE 2 – DEFINITIONS
In these General Terms and Conditions of Sale, the words or expressions starting with a capital letter will have the following meaning:
“CLIENTS”: Refers to any professional, individual, or consumer who places an order with UNICORN FLOAT.
“PRODUCT CODE”: Refers, in the singular or plural, to the EAN code (barcode) or equivalent constituting the identifier of a Product.
“GENERAL TERMS AND CONDITIONS OF SALE”: Refers to this document, including its annexes.
“CONTENTS”: Refers, without limitation, to the structure, architecture of the Services, editorial content, texts, sections, drawings, illustrations, photos, images, sounds, videos, and any other content present on the Services and/or any other element composing the Services.
“CONTRACT”: Refers to the agreement concluded between the Parties, under the execution of the Contract by the Company for the benefit of the Client, after acceptance of the present conditions and payment of their order, under the conditions defined below.
“COMPANY”: Refers to GBM Consulting represented by its President, Mr. Verney, whose registered office is located at Avenue Henri Deschamps, 01700 Miribel, France.
“PARTY(IES)”: Refers individually to the Company or a Client and collectively to the Company and a Client.
“PRICE”: Refers to the price offered by the Seller for their offer to sell a Product.
“TRANSACTION PRICE”: Refers to the total price of the Product payable by the Buyer, including, in addition to the Product's sale price, the shipping costs defined as a flat rate.
“SITE”: Refers to the website owned and published by UNICORN FLOAT, available at the URL: https://www.unicornfloat.com
“USER”: Refers to any person who uses the Site or one of the Services offered on the Site or by the Company.
ARTICLE 3 – PURPOSE
These General Terms and Conditions of Sale aim to detail their scope of application and the conditions of their acceptance.
They describe the products offered for sale, the conditions under which Clients order said products, regarding payment, settlement, and execution, as well as the respective rights and obligations of the Parties.
The purchase of a product through this site implies unconditional acceptance by the buyer of these General Terms and Conditions of Sale, which the buyer acknowledges having read prior to their order.
The Company reserves the right, at its sole discretion, to modify or replace, at any time, all or part of these General Terms and Conditions of Sale, to comply with any new regulations or to improve the use of its site.
It is the User's responsibility to visit the Site regularly to check if any changes have been made.
Therefore, the General Terms and Conditions of Sale applicable will be those in force on the date of the order by the Buyer.
ARTICLE 4 – PRODUCTS
The products offered are those listed on the UNICORN FLOAT site within the limits of available stocks.
Each product is presented on the website in the form of a description summarizing its main technical characteristics (capacity, use, composition, etc.).
The Product description corresponds to its actual characteristics.
UNICORN FLOAT mentions at least: the product name, the essential characteristics of the Product, its condition of use, the Transaction Price, and if applicable, the Product Code.
The photographs are as accurate as possible but do not engage the Seller.
UNICORN FLOAT undertakes to carry out all validations, verifications, and provide all necessary clarifications so that the description and elements of the offer are accurate and do not mislead the Buyer.
To ensure the aforementioned requirements, UNICORN FLOAT reserves the right to modify the product assortment at any time.
The sale of the products presented on the Site is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
ARTICLE 5 – PRICES
The products are provided at the rates in effect on the day the order is placed by the Client on the Site.
These rates are firm and non-revisable during their validity period, as indicated by the Seller.
The prices listed on the product sheets in the online catalog are in Euros (€), all taxes included (TTC), taking into account the VAT applicable on the day of the order.
Any change in the VAT rate may be passed on to the product prices.
The Company reserves the right to modify its prices at any time, it being understood that the price listed in the catalog on the day of the order will be the only one applicable to the buyer.
The prices indicated do not include delivery charges (unless specified), billed in addition to the price of the purchased products according to the total amount of the order and the agreed geographical area. The prices indicated do not include any customs fees or insurance, which remain the responsibility of the Buyer.
ARTICLE 6 – ORDERS AND PAYMENT METHODS
Any order of Products offered on the Site implies the prior express and unconditional acceptance of these General Terms and Conditions of Sale by the Buyer, at the time of validating their order, under the conditions and according to the modalities set forth in this Article.
By accepting these General Terms and Conditions of Sale, the Buyer:
- Declares having read all their provisions;
- Acknowledges having received the necessary advice and information to ensure the suitability of the Products offered by the Seller with their needs;
- Declares being legally capable of contracting under French law or validly representing the natural person for whom they are contracting.
Before any order, the Buyer must create an account on the Site.
The account creation section is directly accessible from the sidebar menu.
At each visit, the Buyer, if they wish to order or consult their account (order status, profile, etc.), must identify themselves using this information.
Payments are made exclusively according to the payment method indicated on the Site.
The Company offers the buyer to order and pay for their products in several stages, with a payment option of their choice: secure payment by PAYPAL or secure payment by STRIPE.
The Buyer selects the products they wish to order in the "basket", modifies it if necessary (quantities, references, etc.), verifies the delivery address, or enters a new one.
Then, the shipping costs are calculated and submitted to the Buyer, along with the name of the carrier.
The Buyer then chooses the payment method of their choice: "Payment by PAYPAL" or "Payment by STRIPE".
The next step is to verify all the information, read and accept the present General Terms and Conditions of Sale by checking the corresponding box, then validate the order by clicking on the "Confirm my order" button.
The Buyer can verify the details of their order, its total price, and correct any errors before confirming their acceptance.
Finally, the buyer is redirected to the secure PAYPAL or STRIPE interface to securely enter their PAYPAL, STRIPE account details.
Payment by PAYPAL or STRIPE account is irrevocable.
In case of fraudulent use of their bank card, the Buyer can request the cancellation of the card payment, the amounts paid will then be re-credited or returned.
To obtain a refund of the fraudulent debit and any bank charges that the operation may have caused, the cardholder must contest, in accordance with legal requirements, in writing, the debit from their bank within 70 days of the operation, or 120 days if the contract with the bank provides for it.
The amounts debited are reimbursed by the bank within a maximum period of one month after receiving the written contestation from the cardholder. No restitution fees can be charged to the holder.
If, for any reason (opposition, refusal, or otherwise), the transmission of the amount owed by the Buyer proves impossible, the order will be canceled and the sale not completed.
The Buyer acknowledges that their acceptance of the offer is made in consideration of the description of the Product subject to the sale and that it constitutes a firm commitment to contract with the Seller under the conditions of the offer.
However, the sales contract is concluded under the condition precedent that the ordered Product is available. The confirmation of the Product's availability by the Seller lifts the condition precedent.
In case of confirmation of the Product's unavailability, the sales contract concluded between the Buyer and the Seller is automatically and immediately resolved, and the obligations of each party are revoked by right.
It is specified that in the case of a sales contract for several Products, only the sales contract for the unavailable Product will be resolved.
The confirmation of an order implies acceptance of these General Terms and Conditions of Sale, recognition of having full knowledge of them, and the waiver of any claims under their own purchase conditions.
All the data provided and the recorded confirmation will be proof of the transaction.
Upon receipt of a booking confirmation from the Company, a legally binding agreement is established with the Buyer.
An invoice is issued by the Seller and given to the Buyer with each order.
The invoice includes the names of the parties, their address, and their billing address if different, the date of the sale or service, the quantity, precise description, and unit price excluding VAT of the products sold and services rendered, as well as any price reductions acquired at the date of the sale or service and directly related to the sale or service, excluding unanticipated discounts.
The Site is secured by an SSL encryption process to protect all sensitive data related to payment methods as effectively as possible.
The credit card information provided is encrypted using the SSL security protocol and stored with AES-256 encryption.
The Site complies with PCI-DSS requirements and implements additional industry-recognized standards.
The PAYPAL and STRIPE payment intermediaries used by UNICORN FLOAT similarly have strict encryption processes ensuring reliable security protocols. These processes are governed by the respective general conditions of these intermediaries.
ARTICLE 7 – DISCOUNTS AND REBATES
The rates offered to the Buyer include any discounts and rebates the Seller may grant based on the number, at one time, or the regularity of orders placed.
ARTICLE 8 – RETENTION OF TITLE
The Company retains full ownership of the products sold until the full payment of the price, including the principal, fees, and taxes.
Notwithstanding the previous paragraph, when the Buyer (or a third party designated by them) takes physical possession of the ordered products, the risks of loss or damage to the products are transferred to them.
ARTICLE 9 – DELIVERIES
The Products are delivered to the delivery address indicated by the Buyer during the ordering process, unless delivery restrictions are indicated on the client's order validation page.
Orders are handled by various carriers: ASM, Bpost, Chronopost; Colis Privé, DPD Belgium, FedEx, France Express (Geodis), i-Parcel, La Poste Colissimo, Mondial Relay, P&T Luxembourg, Paack, Pilot, Relais Colis, SDA, Swedish Post, Swiss Post, TNT France, TNT Italy, UPS, VIR.
Delivery times vary depending on the carrier and the Products ordered.
These General Terms and Conditions of Sale refer to the provisions of Article L. 221-15 of the Consumer Code, which provides for the seller's full responsibility for the proper execution of the entire contract up to and including delivery, whether the obligations are performed by them or by other service providers.
The provisions of Articles L.216-1 and L.216-2 of the Consumer Code are also applicable.
Thus, if delivery times exceed thirty days from the order, the Buyer has the option to terminate the contract under the conditions and modalities defined in Articles L.216-1 and L.216-2 of the Consumer Code.
More specifically, these articles respectively provide that:
"The professional delivers the good or provides the service on the date or within the period indicated to the consumer, in accordance with the provisions of Article L. 111-1, unless otherwise agreed by the parties.
For the application of this title, delivery of a good means the transfer of physical possession or control of the good to the consumer. In the case of a good containing digital elements, delivery also includes the provision of these elements as defined in Article L. 224-25-4.
In the absence of an indication or agreement on the delivery or provision date, the professional delivers the good or provides the service without undue delay and no later than thirty days after the conclusion of the contract.
This chapter also applies to the provision of digital content on a physical medium exclusively serving as its transport."
"Any risk of loss or damage to the good is transferred to the consumer when the latter or a third party designated by them takes physical possession of these goods."
In the event that the Buyer has already received the Product, UNICORN FLOAT will proceed with the refund of the product and the "outbound" costs under the conditions of Article L.216-3 of the Consumer Code.
Any delay in reimbursement following a delivery defect exposes the Seller to an increase of 10% for a delay of up to 30 days, 20% for a delay of 30 to 60 days, and 50% for a delay of more than 60 days.
The Company via the Site may provide the Buyer with the tracking number of their package by email.
The product is delivered to the Buyer's home or to a relay point, depending on the choice made during the order validation process.
In case of the Buyer's absence, they will receive a delivery notice from their postman, allowing them to collect the ordered products at the nearest post office or relay point within the time indicated by the postal services.
The consumer can also report to the carrier: Article 1.133-1 of the Commercial Code indicates a period of three days to make reservations to the carrier in case of damage or partial loss during the transportation of goods. Moreover, Article L. 224-65 of the Consumer Code provides that when the carrier does not justify having given the consumer the opportunity to effectively verify the good condition of the delivered merchandise, this period is extended to ten days.
ARTICLE 10 – TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS
10.1 – Transfer of ownership
The transfer of ownership of the Products to the Buyer will only be made after full payment of the price by the Seller, regardless of the delivery date of said Products.
10.2 – Transfer of risks
The transfer of risks is independent of the transfer of ownership, regardless of the order or delivery date of the products.
The transfer to the Buyer of the risks of loss and deterioration of the products will only be made after the delivery of the Product, when the said Product is received by the Client.
ARTICLE 11 – FORCE MAJEURE
The Parties cannot be held responsible if the non-execution or delay in the execution of any of their obligations, as described in these Conditions, results from a case of force majeure, as defined by Article 1218 of the Civil Code.
ARTICLE 12 – RIGHT OF WITHDRAWAL
12.1 – Legal withdrawal period
In accordance with legal provisions, the Buyer has a period of 14 days from the receipt of their Products to exercise their right of withdrawal without having to justify reasons or pay penalties.
After communicating their decision to exercise their right of withdrawal within this period of 14 days, the Buyer has another period of 14 days to return the products concerned by the withdrawal.
12.2 Conditions for exercising the right of withdrawal
In the event of exercising the right of withdrawal within the period referred to in 12.1, only the price of the purchased products and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Buyer.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing for their re-commercialization in new condition, and, if possible, accompanied by a copy of the purchase invoice for optimized management.
In case of depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the product, the responsibility of the Buyer may be engaged.
To exercise their right of withdrawal, in accordance with legal provisions, the Buyer will find in Annex 2 of these General Terms and Conditions of Sale, a standard withdrawal form to be sent to the following email address: info@unicornfloat.comÂ
The Buyer expresses their willingness to withdraw without ambiguity and mentions the order concerned by this withdrawal.
Once the form or declaration of withdrawal is sent no later than 14 days following the receipt of their order, the Buyer must return the products concerned within a reasonable time and, at the latest, within 14 days from the sending of the form or declaration of withdrawal.
To obtain an estimate of the return costs at their expense, the Buyer can visit the website of La Poste, Chronopost "TARIFS PRATIQUES EN POINTS DE VENTE (Bureaux de Poste et Agences Chronopost).
This estimate of return costs does not bind the Company. The price to be paid for returning the product may vary depending on the carrier chosen by the Buyer to return the product(s).
12.3 - Products excluded from the right of withdrawal
In accordance with current regulations, the right of withdrawal cannot be exercised for audio, video recordings, or unsealed computer software by the client, goods made to the client's specifications or personalized, and goods unsealed by the client and not returnable for hygiene or health protection reasons. Similarly, the right of withdrawal cannot be exercised for gift boxes.
12.4 - Return address
GBM Consulting 9 rue André Bellesort 22300 Lannion
12.5 - Refund
In case of exercising the right of withdrawal, the Company will refund the amounts paid no later than 14 days from the date the Company is informed of the Buyer's decision to withdraw and using the same payment method used for their order (unless the Buyer expressly agrees to a refund using another payment method).
This refund date may be deferred until the product is recovered or until the Buyer has provided proof of shipment of the product, the date taken being that of the first of these facts.
Failing a refund after 14 days from the date the Company is informed of the Buyer's decision to withdraw, UNICORN FLOAT is exposed to refunding the due amounts increased by the legal rate if the refund delay is less than 11 days, by 5% if the delay is between 10 and 20 days, by 10% if the delay is between 20 and 30 days, by 20% if the delay is between 30 and 60 days, by 50% if the delay is between 60 and 90 days.
The Company is not required to refund the Buyer for additional costs if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered on the Site.
Refunds for purchases made by gift vouchers will be made exclusively in the form of gift vouchers for an amount identical to that paid in this form.
The benefits obtained during the product purchase, particularly through a loyalty card, will be canceled in case of return of the product accompanied by a refund of said product.
ARTICLE 13 – LEGAL GUARANTEES
13.1 - Legal guarantee of conformity
In accordance with legal provisions (Annex 1), the seller is responsible for defects in conformity appearing on their products for two years (2) from the delivery of the good. They are also responsible for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been their responsibility under the contract or has been carried out under their responsibility.
This guarantee is legally applicable according to the provisions of the Annex to Article D. 211-2 of the Consumer Code.
A.- Box inserted in the general terms and conditions of sale of goods (excluding pets).
The consumer has a period of two years from the delivery of the good to obtain the implementation of the legal guarantee of conformity in case of appearance of a defect in conformity. During this period, the consumer is only required to establish the existence of the defect in conformity and not the date of its appearance.
When the contract for the sale of the good provides for the supply of digital content or a digital service continuously for a period of more than two years, the legal guarantee is applicable to this digital content or digital service throughout the supply period provided. During this period, the consumer is only required to establish the existence of the defect in conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for the professional, if applicable, to provide all necessary updates to maintain the conformity of the good.
The legal guarantee of conformity entitles the consumer to repair or replace the good within thirty days of their request, without cost and without major inconvenience for them.
If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the good, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a price reduction by keeping the good or terminate the contract by being fully reimbursed against the return of the good, if:
1° The professional refuses to repair or replace the good;
2° The repair or replacement of the good occurs after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, particularly when the consumer permanently bears the costs of returning or removing the non-conforming good, or when they bear the costs of installing the repaired or replacement good;
4° The non-conformity of the good persists despite the seller's attempt to remedy it being unsuccessful.
The consumer also has the right to a price reduction or contract termination when the defect in conformity is so serious that it justifies immediate price reduction or contract termination. The consumer is then not required to request repair or replacement of the good beforehand.
The consumer is not entitled to terminate the sale if the defect in conformity is minor.
Any period of immobilization of the good for repair or replacement suspends the guarantee that remained to run until the delivery of the restored good.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the good is kept or a full refund against the return of the good.
The legal guarantee of conformity applies independently of the commercial guarantee that may cover the Buyer's good.
13.2 – Guarantee against hidden defects
It is recalled that the consumer can decide to implement the guarantee against hidden defects of the sold item under Article 1641 of the Civil Code within two years of discovering the defect.
It is up to the Buyer to prove, in particular, that the defect existed at the time of purchase, that it was hidden, and that it makes the product unusable.
The Buyer can choose between terminating the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
This guarantee thus allows the Buyer to obtain free repair or replacement of their product, subject to the cost conditions provided by law.
Otherwise, if repair or replacement is impossible or could not be implemented within one month of its support, the Company will refund the Buyer the price of the Product.
To activate this guarantee, the Products must be returned in the state in which the Buyer received them with all elements (accessories, instructions, etc.) as well as a copy of the purchase invoice.
Products returned by post must be packaged to ensure safe transport. In this case, return shipping costs will be reimbursed to the Buyer based on the charged rate and upon presentation of receipts.
13.3 – Exclusion of legal guarantees
Any guarantee is excluded in case of misuse, negligence, or lack of maintenance by the Buyer, as well as in case of normal wear and tear of the Product or force majeure.
ARTICLE 14 – INTELLECTUAL PROPERTY
The content of the UNICORN FLOAT website, its name, brand, logo, and products are protected by French and international intellectual property laws.
Any total or partial reproduction of this content, adaptation, modification, distribution is strictly prohibited and may constitute an infringement.
It is forbidden to use, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Site.
In addition, the Company remains the owner of all intellectual property rights on photographs, presentations, studies, drawings, models, prototypes, etc., created for the provision of Services to buyers.
The user of the UNICORN FLOAT website is therefore prohibited from representing or exploiting these studies, drawings, models, and prototypes, etc., without the express, written, and prior authorization of the Company, which may be conditioned on financial compensation.
ARTICLE 15 - PERSONAL DATA
In application of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals concerning the processing of personal data and the free movement of such data) and Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018, it is recalled that personal data, defined as any information relating to or capable of relating in any way to a living identified or identifiable person, communicated or provided by the Client or those extracted from their connections via tracking technologies implemented by the site publisher ("cookies"), are collected for specific, explicit and legitimate purposes, and subject to the clear and affirmative consent of the User.
The collection of the User's personal data allows, among other things, the processing of their order and the establishment of invoices.
UNICORN FLOAT informs the User of the use of cookies, their duration, purpose, and provider.
The Site offers the User a granular consent choice through a mechanism where the client freely opts for the possibility of being tracked or not and activating certain cookies rather than others on the website, via a hypertext link available at any time, such as "Learn more" or "Configure cookies".
Here is a list of cookies that UNICORN FLOAT uses:
_session_id, unique session identifier, allows Shopify to store information related to the User's session (referrer, landing page, etc.)
_shopify_visit, no data held, persists for 30 minutes from the last visit. Used by the internal tracking statistics system of the current site's provider to record the number of visits.
_shopify_uniq, no data held, expires at midnight (based on the visitor's location) the next day. Counts the number of visits to a store by a single customer.
cart, unique identifier, persists for 2 weeks, stores information related to the User's shopping cart.
_secure_session_id, unique session identifier.
storefront_digest, unique identifier, undefined if the store has a password, it is used to know if the current visitor has access.
Our partner companies are not authorized to collect, process, or use personal data from our website through cookies. However, we wish to present the following partner companies that use cookies on our website and/or collect usage data.
Google Analytics
We use Google Analytics, a service provided by Google Inc. (“Google”), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, to analyze our website. Google Analytics also uses cookies (see above). The information obtained by the cookies about your use of the website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website, compile reports for the website operator on website activity, and provide other services related to website and internet use. Google may also transfer this information to third parties if required by law or if such third parties process this data on behalf of Google. Google will not associate your IP address with any other data held by Google.
Facebook Plugins
Plugins of the social network Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) are used on our website. These plugins are identified by the Facebook logo or the phrase "Facebook Social Plugin." An overview of Facebook plugins and their appearance can be found here. When you visit a page on our website that contains such a plugin, your browser establishes a direct connection to Facebook's servers. The content of the plugin is transmitted directly to your browser by Facebook and integrated into the page. This allows Facebook to receive the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not logged into Facebook. This information (including your IP address) is transmitted directly to a Facebook server in the USA and stored there. If you are logged into Facebook, Facebook can directly associate your visit to our website with your Facebook profile. When you interact with the plugins, for example by clicking the “Like” button or leaving a comment, this information is also transmitted directly to a Facebook server and stored there. Additionally, this information may be published on your Facebook profile and shown to your Facebook friends, depending on your privacy settings on Facebook. The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights and options for protecting your privacy, can be found in the Facebook privacy policy. If you do not want Facebook to immediately associate the data collected through our website with your Facebook profile, you must log out of Facebook before visiting our website. You can also completely block Facebook plugins with add-ons for your browser.
The functions of the Instagram service are integrated into our online store. These features are provided by Instagram Inc. (“Instagram”), 1601 Willow Road, Menlo Park, CA, 94025, USA.
If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to our pages with your account. Please note that as the provider of the pages, we do not know the content of the data transmitted or how it is used by Instagram.
For more information, please refer to the Instagram privacy policy.
Use of Google Adwords Conversion-Tracking
We use the Google Adwords online advertising program and Google Adwords Conversion-Tracking. This conversion tracking is a service provided by Google Inc. (“Google”), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When you click on an ad served by Google, a conversion tracking cookie is placed on your computer. These cookies expire after 30 days and do not contain any personal data, so they cannot be used to identify you personally.
If you visit certain pages of our website and the cookie has not yet expired, we and Google can recognize that you clicked on the ad and were redirected to this page. Each Google AdWords customer receives a different cookie. This way, cookies cannot be tracked across the websites of different AdWords customers.
The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive information that personally identifies users.
If you do not wish to participate in tracking, you can opt out by disabling the placement of cookies by adjusting your browser settings accordingly (deactivation option). You will not be included in the conversion tracking statistics.
For more information on Google's privacy policy, please visit the following pages:
Facebook Pixels
This site uses the "Custom Audiences" remarketing feature of Facebook Inc. (“Facebook”). This allows us to show interest-based ads to visitors of our site when they visit the social network Facebook. (“Facebook Ads”). For this purpose, the Facebook retargeting tag is implemented on our website. Through this tag, a direct connection to the Facebook servers is established when you visit the website. The information about your visit to the website is transmitted to Facebook, which associates this information with your personal Facebook account. For more information about Facebook's data collection and usage, as well as your rights and options for protecting your privacy, please refer to the Facebook privacy policy. You can also deactivate the “Custom Audiences” remarketing feature at this link. You must be logged into Facebook to do this.
In the context of banner and retargeting advertising campaigns, we use third-party services that set cookies on our site. Here is the list:
- Doubleclick by Google, Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
- Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA
- Criteo CIL, 32 Rue Blanche, 75009 Paris, France
Depending on the choices made when creating or consulting their account, the User may receive offers from the Company as well as from partner companies and brands. The choice to accept or refuse these tools is valid for all tracking technologies implemented by the site publisher. Opening the "Learn More" section cannot be considered as obtaining the user's consent. The Customer has the possibility to withdraw their consent as easily as it was given.
All consents from Clients are securely and encryptedly archived.
Personal data may be communicated to potential partners of the Company responsible for the execution, processing, management, and payment of orders.
Generally, third-party service providers will only collect, use, and disclose user information to the extent necessary to perform the services they provide to UNICORN FLOAT.
Some third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information we are required to provide to them for purchase-related transactions.
UNICORN FLOAT may also disclose personal data to administrative and judicial authorities to comply with its legal and regulatory obligations.
The processing of information communicated through the UNICORN FLOAT website complies with legal requirements for the protection of personal data, with the information system used ensuring optimal protection of such data and lawful, fair, and transparent processing concerning the person concerned. The User, in accordance with national and European regulations in force, has a permanent right of access, modification, rectification, opposition, portability, and limitation of processing concerning the information about them. The person concerned also has the right to obtain the deletion of personal data concerning them from the data controller as soon as possible, and the data controller has the obligation to delete such personal data as soon as possible, under the conditions provided for in Article 17 (“right to be forgotten”) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals concerning the processing of personal data and on the free movement of such data.
All you need to do is write a request to the online Customer Service at info@unicornfloat.com, indicating your name, first name, email address, and if possible, your customer reference.
In accordance with the regulations in force, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which the response should be sent. A response will be sent to you within 2 months of receiving the request.
Personal data is not kept beyond the period strictly necessary for the execution of the Services as well as for potential prospecting operations. The data will be deleted no later than three (3) years after the last contact with UNICORN FLOAT, except for data necessary to establish proof of a right or a contract which may be legally archived for five (5) years.
ARTICLE 16 – PROHIBITED USES
In addition to the prohibitions set forth in these Terms and Conditions of Sale, the User is prohibited from using the site or its content:
 (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. UNICORN FLOAT reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 17 – HYPERLINKS
Hyperlinks may be present on the site. The user is informed that by clicking on these links, they will leave the Site. UNICORN FLOAT assumes no responsibility for the content, advertising, products, or services available on such third-party sites and applications, which are governed by their own terms of use. UNICORN FLOAT is not responsible for any transactions between a User and any advertiser, professional, or merchant to which the User may be directed through the Site, and shall not be a party to any disputes with these third parties concerning, in particular, the delivery of products and/or services, warranties, declarations, and other obligations to which these third parties may be bound. The User must read the policies and practices of third parties carefully and ensure they understand them before engaging in any transaction. Complaints, claims, or questions regarding third-party products should be directed to the third party.
ARTICLE 18 – LIABILITY
UNICORN FLOAT is committed to providing its Services diligently and according to the rules of the art. UNICORN FLOAT undertakes to carry out regular checks to verify the operation and accessibility of the Site. To this end, UNICORN FLOAT reserves the right to temporarily interrupt access to the Site for maintenance reasons. Likewise, UNICORN FLOAT cannot be held responsible for temporary difficulties or impossibilities of access to the Site originating from circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks, with Users being informed of the complexity of global networks and the influx of users at certain times. The products offered comply with French legislation in force. UNICORN FLOAT's liability cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is the Client's responsibility to check with local authorities about the possibilities of importing or using the products or services they intend to order. The Services are provided by UNICORN FLOAT as is and without any kind of warranty, express or implied.
UNICORN FLOAT does not guarantee to Users (i) that the services, which are constantly being improved for better ergonomics and functioning, will be completely free of errors, defects, or faults, (ii) that the Services, being by their nature standardized, will meet the specific needs and expectations of the User. To the extent permitted by applicable law, the Client releases UNICORN FLOAT from any liability for any claim, liability, damage, and loss arising or in any way related to (1) the Client's failure to comply with these Conditions or (2) the violation by the Client of any law, regulation, or the rights of third parties. In such cases, UNICORN FLOAT, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors can in no way be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, resulting from the use of the Service or any products procured using the Service, or for any other claim related in any way to the use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if the User has been advised of the possibility of such damages.
ARTICLE 19 – APPLICABLE LAW – DISPUTES – CLAIM HANDLING – MEDIATION
This contract is subject to French law. The language of this contract is French. Any disputes arising from the purchase and sale operations concluded in application of these Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences, and aftermath, and which could not be resolved between the Seller and the Buyer, will be submitted to the competent French courts.
Customer claims should be addressed to the Company's customer service.
Customer service is available:
By mail: Better Follow Flo, avenue henri deschamps, 01700 Miribel, France
By email: info@unicornfloat.comÂ
After submitting a claim to the Company's Customer Service and if an amicable agreement cannot be reached, the consumer Client is duly informed that they have the right to use mediation in accordance with the provisions of Article L.612-1 of the Consumer Code. The Buyer may use the mediation service for consumer disputes related to an order placed on the Site. Whichever Party wishes to use mediation must first inform the other Party by registered letter with acknowledgment of receipt, specifying the reasons for the dispute. After a written preliminary approach to UNICORN FLOAT by consumers, the Mediation Service Centre de médiation de la consommation de conciliateurs de justice (CM2C) can be contacted for any consumer dispute that has not been resolved. The Client is invited to...
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online dispute resolution platform, facilitating independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
ARTICLE 20 – REMARKS
The User is invited and encouraged to share their remarks, comments, and suggestions to improve the Site and its general ergonomics, by email or in the "Contact" section or by any other means of communication. If, at the request of UNICORN FLOAT, the User submits specific content (for example, to participate in competitions) or if without a request from the Site, the User sends creative ideas, suggestions, proposals, plans, or other elements, whether online, by email, by mail, or otherwise, the User grants UNICORN FLOAT the right to edit, copy, publish, distribute, translate, and otherwise use these creative ideas, suggestions, proposals, or other elements at any time and without restriction in any medium. UNICORN FLOAT is not obligated to (i) maintain any submissions in confidence; (ii) pay compensation for any submissions; or (iii) respond to any submissions.
UNICORN FLOAT reserves the discretionary right to monitor, edit, or remove content that it determines, in its sole discretion, is unlawful, offensive, threatening, defamatory, libelous, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions of Sale.
Users agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. They also agree that their comments will not contain any unlawful, defamatory, offensive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. Users are fully responsible for the comments they post and for their accuracy. UNICORN FLOAT assumes no responsibility and disclaims any liability for any comments posted by Users or any third party.
ARTICLE 21 – GENERAL PROVISIONS
These Terms and Conditions of Sale, along with any supplemental terms or rules that accompany them, constitute the entire Agreement between UNICORN FLOAT and the User and supersede all prior agreements regarding access to the Platform and its use. These Conditions do not confer any rights or remedies to any person other than the parties. If any provision of these Conditions is found to be invalid, null, or unenforceable, that provision will be severed without affecting the validity and enforceability of the remaining provisions, which will be deemed severable. The failure of the Company to exercise or enforce any right or provision of these Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The exercise by either party of any remedy available to it under these Conditions will be without prejudice to any other remedies available under these Conditions or at law.
ANNEX
Annex 1
In accordance with legal requirements (Annex 1), the seller is liable for defects of conformity appearing on the products for two (2) years from the delivery of the goods. They are also liable for defects of conformity resulting from the packaging, assembly instructions, or installation when the latter has been assigned to them by the contract or has been carried out under their responsibility.
This warranty is legally applicable according to the provisions of the Annex to Article D. 211-2 of the Consumer Code
A.-Box inserted in the general conditions of sale of goods (excluding pets)
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in case of the appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the defect of conformity and not the date of its appearance.
When the sales contract for the goods provides for the supply of digital content or a digital service continuously for a period exceeding two years, the legal guarantee is applicable to this digital content or digital service throughout the supply period provided for. During this period, the consumer is only required to establish the existence of the defect of conformity affecting the digital content or the digital service and not the date of its appearance.
The legal guarantee of conformity requires the professional to provide, if necessary, all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days following their request, at no cost and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by retaining the goods or terminate the contract by obtaining a full refund against the return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a thirty-day period;
3° The repair or replacement of the goods causes a major inconvenience to the consumer, particularly when the consumer permanently bears the costs of recovering or removing the non-conforming goods, or if they bear the installation costs of the repaired or replaced goods;
4° The non-conformity of the goods persists despite the seller's attempt to bring them into conformity.
The consumer also has the right to a reduction in the price of the goods or the termination of the contract when the lack of conformity is so severe that it justifies an immediate reduction in the price or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period of immobilization of the goods for repair or replacement suspends the warranty period that was still running until the delivery of the repaired goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code, for two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are retained or a full refund against the return of the goods.
The legal guarantee of conformity applies independently of any commercial warranty that may cover the goods of the Buyer.
Article L. 217-4 Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when these have been assigned to them by the contract or have been carried out under their responsibility.”
Article L. 217-5 Consumer Code
“The goods are in conformity with the contract if:
They are suitable for the purpose usually expected of similar goods and, where applicable:
- they correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- they present the qualities that a buyer may legitimately expect with regard to the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
Or if they present the characteristics defined by mutual agreement by the parties or are suitable for any special use sought by the buyer, brought to the seller's attention, and which the latter has accepted.”
Article L. 217-12 Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
Article L. 217-16 Consumer Code
“When the buyer asks the seller, during the course of the commercial warranty granted to them during the acquisition or repair of movable property, a restoration covered by the warranty, any period of immobilization of at least seven days will be added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the provision of the goods for repair, if this provision is subsequent to the request for intervention.”
Article 1641 Civil Code
“The seller is bound by the warranty for hidden defects of the thing sold which render it unsuitable for the use for which it was intended, or which diminish its use so much that the buyer would not have acquired it, or would only have given a lower price, if they had known them.”
Article 1648 paragraph 1 Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”
Annex 2 – Withdrawal Form
Please complete and return this form only if you wish to withdraw from your order placed on the UNICORN FLOAT Site – except for exclusions or limitations to the right of withdrawal following the applicable Terms and Conditions of Sale.
To the attention of UNICORN FLOAT
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Ordered on …………………………………….. / Received on ……………………………………………………………….. (*)
Order number: ……………………………………………………………………..
Name of the consumer(s): ………………………………………………………………..
Address of the consumer(s): ………………………………………………………………..
Signature of the consumer(s) (only if this form is notified on paper):
Date: ………………………………………………………………..
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