The Gag Gift website is provided by: DELMARKET, 5, Impasse de la Colombette, Office 3, Toulouse Occitanie 31000, France.
Website URL: https://gag-gift.com
Email: help@gag-gift.com
Our contact form: https://gag-gift.com/pages/contact-us
Our FAQs: https://gag-gift.com/pages/frequently-asked-questions-1
Our legal notices: https://gag-gift.com/pages/legal-notice
Our delivery terms: https://gag-gift.com/pages/delivery-shipping
Our return and refund policies: https://gag-gift.com/pages/returns-and-refunds
Our privacy policy: https://gag-gift.com/pages/privacy-policy
The Gag Gift website sells the following products: pranks, practical jokes, and gag gifts.
The customer declares that they have read and accepted the General Terms and Conditions before placing an order. Confirmation of the order constitutes acceptance of the General Terms and Conditions.
ARTICLE 1 - PRINCIPLES
These General Terms and Conditions represent the entirety of the obligations between the parties. By agreeing to these terms, the buyer accepts them in full. These General Terms and Conditions are the only applicable terms and exclude any other conditions, particularly those applicable to retail or other sales and distribution channels.
They are accessible on the Gag Gift website (https://gag-gift.com) and take precedence over any other version or conflicting document.
The seller and buyer agree that these General Terms and Conditions govern their relationship exclusively. The seller reserves the right to amend these terms from time to time. These changes take effect as soon as they are published on the website.
ARTICLE 2 - CONTENT
These General Terms and Conditions are intended to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer on the Gag Gift website.
These conditions apply only to purchases made via the Gag Gift website.
These purchases concern the following products: pranks, gag gifts, and practical jokes.
ARTICLE 3 - PRE-CONTRACTUAL INFORMATION
The buyer confirms that they have received the present General Terms and Conditions and all necessary information required by Article L.221-5 of the Consumer Code, in a legible and comprehensible form, before placing their order and concluding the contract.
The following information is provided to the buyer clearly and comprehensibly:
- The main characteristics of the goods;
- The price of the goods and/or the method of calculating the price;
- Any additional transport, delivery, or shipping costs, if applicable, and any other possible costs;
- If the contract is not immediately executed, the date or timeframe within which the seller will deliver the goods, regardless of the price;
- Information about the seller's identity, including postal, telephone, and electronic contact details, and their business activity; information about legal guarantees, the functionality of digital content, and, if applicable, interoperability, the existence, and conditions of warranties and other contractual terms.
ARTICLE 4 - ORDER
The buyer can place their order online from the online catalog via the form provided for each product, as long as stock is available.
The buyer will be informed of any unavailability of the ordered products.
To confirm the order, the buyer must accept these General Terms and Conditions. They must also choose a delivery address and method, and finally confirm the payment method.
The purchase is considered final:
- After the seller sends the buyer a confirmation of acceptance of the order via email;
- And after full payment of the price by the buyer. Any order implies acceptance of the prices and descriptions of the products available for sale. Any disputes on this matter will be handled within the framework of a possible exchange and the guarantees listed below. In certain cases, including, but not limited to, non-payment, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer’s order until the issue is resolved.
For any questions regarding the status of an order, the buyer can email the seller at help@gag-gift.com
ARTICLE 5 - ELECTRONIC SIGNATURE
The buyer's online entry of their credit card number and the final confirmation of the order constitute proof of the buyer's agreement to:
- The due date of the amounts payable for the order;
- The buyer's signature and express acceptance of all transactions carried out. In the event of fraudulent use of the credit card, the buyer is asked to immediately notify the seller at help@gag-gift.com as soon as the fraudulent use is detected.
ARTICLE 6 - ORDER CONFIRMATION
The seller sends the buyer an order confirmation via email.
ARTICLE 7 - PROOF OF TRANSACTION
The electronic records kept by the seller under reasonable security conditions will be considered proof of the communications, orders, and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be presented as evidence.
ARTICLE 8 - PRODUCT INFORMATION
The products covered by these General Terms and Conditions are those listed on the seller’s website and marked as sold and shipped by the seller. They are offered subject to availability.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions occur in this presentation, the seller cannot be held responsible. It is also possible that the order may be delivered in multiple separate packages.
The product photographs are not contractually binding.
ARTICLE 9 - PRICES
The seller reserves the right to change prices at any time, but agrees to apply the prices in effect at the time of the order, subject to availability on that date.
Prices are quoted in Euros (for France) or U.S. Dollars (for the United States). They do not include shipping costs, which are charged in addition and will be indicated before the order is confirmed.
Should new taxes or contributions, particularly environmental ones, be introduced or modified, this may affect the sale price of the products.
ARTICLE 10 - PAYMENT METHODS
This is a purchase order, meaning that the buyer's order requires payment.
To pay for their order, the buyer may choose from the payment methods provided by the seller and listed on the Gag Gift website. The buyer guarantees the seller that they have all the necessary authorizations (legal age, ownership of the payment method, etc.) to use the payment method chosen when confirming the order. The seller reserves the right to suspend any order management and delivery in case of refusal of payment authorization by officially accredited bodies or in the event of non-payment. The seller also reserves the right to refuse to fulfill a delivery or an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.
Payment for the order is due in full at the time of the order and can be made by:
- Credit or debit card
- Paypal
ARTICLE 11 - PRODUCT AVAILABILITY - REFUNDS - CANCELLATIONS
Except in cases of force majeure or during periods of store closure, which will be clearly announced on the homepage of the website, shipping times will apply subject to product availability. The shipping times begin from the date of registration of the order, which is noted in the order confirmation email.
For deliveries, the deadline is 8 to 14 business days from the day following the buyer's order placement. You can find our full delivery terms here: https://gag-gift.com/delivery-shipping-policies.
If the agreed delivery date or time is not met, the buyer must first request the seller to fulfill the contract within a reasonable additional period.
If the contract is not fulfilled after this additional period, the buyer may terminate the contract at their discretion.
The buyer must complete these successive formalities via registered letter with acknowledgment of receipt or by any other written form on a durable medium.
The contract will be considered canceled when the seller receives the letter or document informing them of the cancellation, unless the seller has already fulfilled their obligations.
However, the buyer can immediately cancel the contract if the deadlines or delivery times represent an essential condition of the contract for them.
In this case, the seller is required to refund all amounts paid by the buyer, no later than fourteen days following the date the contract was canceled.
If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel the order. The buyer may then choose either a refund of the amounts paid within a maximum of fourteen days after delivery or an exchange of the product.
The buyer may return their products within fourteen days after the delivery date to receive a full refund.
The product must be in its original condition, unused, undamaged, and unopened.
Refunds will only cover the cost of the product and not the shipping costs.
ARTICLE 12 - DELIVERY CONDITIONS
Delivery refers to the transfer of physical possession or control of the products to the consumer. The ordered products will be delivered under the terms and conditions specified above and within the stated timeframes.
The products are delivered to the address specified by the buyer on the order form, and the buyer must ensure that this address is correct. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. If the buyer requests, they can have the invoice sent to the billing address instead of the delivery address by confirming this option on the order form.
If the buyer is not present on the day of delivery, the carrier will leave a notification in the mailbox allowing the buyer to pick up the package at the specified location and time.
If the original packaging is damaged, torn, or opened at the time of delivery, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note the condition on the delivery slip (package refused because opened or damaged).
The buyer must indicate any anomalies regarding the delivery (missing product compared to the delivery slip, damaged package, broken products, etc.) on the delivery slip in the form of handwritten reserves accompanied by their signature.
This check is considered complete once the buyer or a person authorized by them has signed the delivery slip. The buyer must then confirm these reserves with the carrier by registered letter within two business days of receiving the items and send a copy of this letter by email to help@gag-gift.com
If the products need to be returned to the seller, they must be claimed within 14 days of delivery. Any claims made after this time will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, etc.).
ARTICLE 13 - INCORRECT DELIVERY
The buyer must notify the seller on the day of delivery or at the latest on the first business day following the delivery of any complaint regarding a delivery error and/or non-compliance of products in kind or quality compared to the information provided on the order form. Any complaint made after this period will be rejected.
The complaint can be made by email to the following address: help@gag-gift.com
Any complaint not made in accordance with the rules outlined above and within the stated timeframes cannot be considered and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign a return or exchange number for the relevant product(s) and communicate it to the buyer via email. A product can only be exchanged after the seller assigns a return number.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned in its entirety and in its original packaging via Colissimo Recommandé to the address provided by the seller via email.
The return shipping costs will be borne by the buyer.
ARTICLE 14 - PRODUCT WARRANTY
14.1 LEGAL WARRANTY OF CONFORMITY
The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to file a claim under the legal warranty of conformity as stipulated in Articles L. 217-4 and following of the Consumer Code.
In the case of a claim under the legal warranty of conformity:
- The buyer has a period of two years from the delivery of the goods to act;
- The buyer can choose between repair or replacement of the goods, subject to the cost conditions set out in Article L. 217-17 of the Consumer Code;
- The buyer is not required to provide proof of the non-conformity of the goods within 24 months of delivery (6 months for second-hand goods).
14.2 LEGAL WARRANTY AGAINST HIDDEN DEFECTS
Under Articles 1641 and following of the Civil Code, the seller is liable for hidden defects in the product sold that make it unsuitable for its intended use or reduce its usability to such an extent that the buyer would not have purchased it or would have paid a lower price for it if they had known about the defects. This warranty must be claimed within two years of the discovery of the defect.
The buyer can choose between canceling the sale or a price reduction under Article 1644 of the Civil Code.
ARTICLE 15 - RIGHT OF WITHDRAWAL
APPLICATION OF THE RIGHT OF WITHDRAWAL
According to the provisions of the Consumer Code, the buyer has 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) to allow them to be resold in new condition.
Damaged, soiled, or incomplete products will not be accepted.
The right of withdrawal can be exercised online using the withdrawal form available on this website. In this case, an acknowledgment of receipt will be immediately sent to the buyer on a durable medium. Any other method of withdrawal is accepted as long as it is unambiguous and expresses the buyer's desire to withdraw.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the product(s) purchased will be refunded; return shipping costs are at the buyer's expense.
Exchanges (subject to availability) or refunds will be processed within 48 hours, and no later than 14 days from the date the seller receives the products returned by the buyer under the conditions mentioned above.
EXCEPTIONS
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts concerning:
- The supply of goods whose price is subject to fluctuations in the financial market beyond the control of the seller that may occur during the withdrawal period;
- The supply of goods made to the consumer’s specifications or clearly personalized;
- The supply of goods that are likely to deteriorate or expire rapidly;
- The supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of health protection or hygiene;
- The supply of goods that, after delivery and by their nature, are inseparably mixed with other items;
- The supply of alcoholic beverages whose delivery is deferred for more than 30 days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the seller's control;
- Maintenance or repair work to be carried out urgently at the consumer’s residence, which they have explicitly requested, and within the limits of spare parts and work strictly necessary to respond to the emergency;
- The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- The supply of newspapers, periodicals, or magazines, except for subscription contracts to these publications;
- The supply of digital content not provided on a physical medium, the execution of which has begun after the consumer’s prior express agreement and the express renunciation of their right of withdrawal.
ARTICLE 16 - FORCE MAJEURE
Any circumstance beyond the control of the parties that prevents the fulfillment of their obligations under normal conditions shall be considered grounds for the release of the parties from their obligations and lead to their suspension.
The party invoking such circumstances must notify the other party immediately upon their occurrence and their cessation. Force majeure refers to all facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, and independent of the parties’ will, which cannot be prevented by the parties despite all reasonably possible efforts. In addition to cases usually recognized by French courts and tribunals, the following are explicitly considered cases of force majeure: blockage of transportation or supplies, earthquakes, fires, storms, floods, lightning, and the stoppage of telecommunications networks or difficulties specific to external telecommunications networks.
The parties will meet to examine the impact of the event and agree on the conditions under which the contract will continue. If the force majeure event lasts for more than three months, these General Terms and Conditions may be terminated by the injured party.
ARTICLE 17 - INTELLECTUAL PROPERTY
The content of the Gag Gift website remains the property of the seller, who holds all the intellectual property rights to this content.
The buyers agree not to use this content in any way. Any total or partial reproduction of this content is strictly prohibited and may constitute counterfeiting.
ARTICLE 18 - DATA PROTECTION AND FREEDOM
The personal information provided by the buyer is necessary for processing their order and generating invoices.
It may be shared with the seller’s partners responsible for the execution, processing, management, and payment of orders.
The buyer has the right to access, modify, correct, and object to the information concerning them at any time, following the terms and conditions specified on the Gag Gift website.
ARTICLE 19 - PARTIAL INVALIDITY
If one or more provisions of these General Terms and Conditions are deemed invalid or declared as such by law, regulation, or a final decision of a competent court, the remaining provisions shall retain their full force and effect.
ARTICLE 20 - NO WAIVER
The fact that one of the parties does not invoke a breach by the other party of any of the obligations mentioned in these General Terms and Conditions cannot be interpreted as a waiver of that obligation for the future.
ARTICLE 21 - TITLES
In the event of difficulty in interpreting between any of the titles at the top of the clauses and one of the clauses themselves, the titles will be declared non-existent.
ARTICLE 22 - CONTRACT LANGUAGE
These General Terms and Conditions are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
ARTICLE 23 - MEDIATION AND DISPUTE RESOLUTION
In the event of a dispute, the buyer may seek conventional mediation, particularly with the Consumer Mediation Commission or with existing sector-specific mediation bodies, or use any alternative method of dispute resolution (such as arbitration).
According to Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online dispute resolution platform to facilitate the independent, out-of-court settlement of disputes between consumers and traders within the European Union. This platform is accessible via the following link: https://webgate.ec.europa.eu/odr.
ARTICLE 24 - APPLICABLE LAW
These General Terms and Conditions are subject to the application of French law. The competent court is the Tribunal Judiciaire.
This applies to both substantive and formal rules. In case of a dispute or complaint, the buyer will first seek an amicable solution with the seller.
ARTICLE 25 - CUSTOMER SERVICE
It is always possible to contact us free of charge at the following email address: contact@farceetattrape-shop.com.
ARTICLE 26 - PERSONAL DATA PROTECTION
You can find our privacy policy here: https://gag-gift.com/privacy-policy.
COLLECTED DATA
The personal data collected on this website are as follows:
- Account creation: when the user creates an account, we collect their first name, last name, email address, phone number, and postal address.
- Login: when the user logs in to the website, we record their first name, last name, connection, usage, and location data, as well as their payment information.
- Profile: the use of the services provided on the website enables the creation of a profile that may include an address and a telephone number.
- Payment: in the context of paying for the products and services offered on the website, the website records financial data relating to the user's bank account or credit card.
- Communication: when the website is used to communicate with other members, the communication data of the user is temporarily stored.
- Cookies: cookies are used as part of the website. The user has the option to disable cookies from their browser settings.
USE OF PERSONAL DATA
The personal data collected from users is used to provide and improve the services of the website and maintain a secure environment. More specifically, the uses are as follows:
- Access and use of the website by the user;
- Management of website operation and optimization;
- Organization of conditions for using payment services;
- Verification, identification, and authentication of data provided by the user;
- Offering users the opportunity to communicate with other members of the website;
- Implementation of user support;
- Customization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- Prevention and detection of fraud, malware, and security incidents;
- Management of any disputes with users;
- Sending commercial and advertising information based on the user’s preferences.
SHARING PERSONAL DATA WITH THIRD PARTIES
Personal data may be shared with third-party companies in the following cases:
- When the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has concluded contracts;
- When the user publishes publicly accessible information in the free comment areas of the website;
- When the user authorizes a third-party website to access their data;
- When the website uses service providers to provide user support, advertising, and payment services. These service providers have limited access to the data of users as part of performing these services and are contractually obligated to use it in compliance with the applicable provisions on the protection of personal data;
- If required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures;
- If the website is involved in a merger, acquisition, asset sale, or insolvency proceedings, it may be required to sell or share some or all of its assets, including personal data. In such a case, users will be informed before personal data is transferred to a third party.
SECURITY AND PRIVACY
The website uses organizational, technical, software, and physical digital security measures to protect personal data from alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information over the Internet.
You can find our full privacy policy here: https://gag-gift.com/privacy-policy.
ENFORCEMENT OF USER RIGHTS
According to applicable laws regarding personal data, users have the following rights, which they can exercise by sending a request to the following email address: help@gag-gift.com
- Right of access: Users can exercise their right of access to know what personal data is being held about them. In this case, the website may ask for proof of identity before processing the request to ensure the accuracy of the data.
- Right of rectification: If the personal data held by the website is inaccurate, users can request that the information be updated.
- Right to delete data: Users can request the deletion of their personal data, in accordance with applicable data protection laws.
- Right to restrict processing: Users can ask the website to restrict the processing of their personal data, as provided by the GDPR.
- Right to object to data processing: Users can object to the processing of their data under the terms of the GDPR.
- Right to data portability: Users can request that the website return their personal data to them or transfer it to another service provider.
EVOLUTION OF THIS CLAUSE
The website reserves the right to make any changes to this clause regarding the protection of personal data at any time. If a change is made to this personal data protection clause, the website agrees to publish the new version on its website. The website will also inform users of the change via email, at least 15 days before the effective date. If the user disagrees with the terms of the new version of the personal data protection clause, they have the option of deleting their account.
APPENDIX: WITHDRAWAL FORM
(To be completed by the consumer and sent by email within no more than 14 days after signing the contract for the provision of services.)
To the attention of:
GAG GIFT
Located at: 5, Impasse de la Colombette, Bureau 3, Toulouse Occitanie 31000, France.
Email address: help@gag-gift.com
I hereby notify you of my withdrawal from the contract for the following item: [details of the item], purchased on: [date].
Full name of the consumer: [Your full name]
Address of the consumer: [Your address]
Date: [Date]
Signature of the consumer (only if this form is sent in paper format)
Consumer Code
Article L. 217-4: "The seller delivers a good that complies with the contract and is liable for any non-conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, installation instructions, or installation if this was done under their responsibility as per the contract."
Article L. 217-5: "The good conforms to the contract if:
- It is suitable for the use expected of a similar good and, if applicable:
- It corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- It has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
- It has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, which was made known to the seller and accepted by them."
Article L. 217-6: "The seller is not bound by the public statements of the producer or their representative if it is proven that they were not aware of them and could not reasonably have been aware of them."
Article L. 217-7: "Non-conformities that appear within 24 months of the delivery of the goods are presumed to have existed at the time of delivery unless proven otherwise. For second-hand goods, this period is set at 6 months. The seller can challenge this presumption if it is incompatible with the nature of the good or the claimed defect."
Article L. 217-8: "The buyer has the right to demand that the good conforms to the contract. However, they may not dispute the conformity by invoking a defect they were aware of or could not have been unaware of when concluding the contract. The same applies if the defect originates from materials they supplied."
Article L. 217-9: "In the event of non-conformity, the buyer chooses between repairing or replacing the good. The seller may, however, opt for the choice not chosen by the buyer if that option entails a clearly disproportionate cost, given the value of the good or the significance of the defect. This decision is binding provided that the other option is not impossible."
Article L. 217-10: "If repair and replacement are impossible, the buyer may return the good and obtain a refund or keep the good and obtain a partial refund. The same right applies:
- If the requested, proposed, or agreed solution under Article L. 217-9 cannot be implemented within one month following the buyer's claim;
- If that solution is inconvenient for the buyer given the nature of the good and the purpose for which it was sought.
However, the sale cannot be canceled if the defect is minor."
Article L. 217-11: "Application of the provisions of Articles L. 217-9 and L. 217-10 shall incur no cost to the buyer. These provisions do not prevent the awarding of damages."
Article L. 217-12: "The claim resulting from the non-conformity is time-barred two years from the delivery of the goods."
Article L. 217-13: "The provisions of this section do not deprive the buyer of their right to file a claim based on hidden defects as defined in Articles 1641 to 1649 of the Civil Code or any other claim of a contractual or extra-contractual nature recognized by law."
Article L. 217-14: "The seller may file a recourse action against previous sellers or intermediaries and the producer of the tangible good, according to the principles of the Civil Code."
Article L. 217-15: "The commercial warranty covers any contractual commitment made by a professional towards the consumer to refund the purchase price, replace or repair the goods, or provide any other service related to the good, in addition to the legal obligations to ensure the conformity of the goods. This warranty must be formalized in a written contract, a copy of which is provided to the buyer. The contract specifies the content of the warranty, the procedures for implementing it, its price, duration, geographical coverage, and the name and address of the guarantor."
The seller remains bound by the legal warranty of conformity as set forth in Articles L. 217-4 to L. 217-12 and the warranty for hidden defects as provided by Articles 1641 to 1648 and 2232 of the Civil Code, independently of the commercial warranty.
The full provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16, as well as Articles 1641 and the first paragraph of Article 1648 of the Civil Code, are reproduced in the contract.
Failure to comply with these provisions will not invalidate the warranty. The buyer retains the right to invoke the warranty.
Article L. 217-16: "When the buyer requests repair covered by a commercial warranty granted at the time of the acquisition or repair of a movable good, any downtime of at least seven days shall extend the warranty period. This period begins upon the buyer’s request for intervention or the provision of the good for repair, whichever is later."