GTC

These General Terms and Conditions of Sale are entered into between TG INNOVATIONS SASU with a share capital of €20,000, registered in the Paris Trade and Companies Register under number 921 769 402, having its registered office at 8 Bis rue de Braque, 75003 Paris (hereinafter referred to as "BUTT BUTTER"), and any person having made a purchase on the www.buttbutter.fr website, hereinafter referred to as "the Customer". Any purchase from the www.buttbutter.fr website (hereinafter referred to as the "Site") automatically implies acceptance of these terms and conditions in their entirety.


ARTICLE 1: DEFINITIONS

Customer: designates any user who purchases a Product via the Site and/or who has a personal account on the Site.

Order: refers to the process whereby the Customer selects the Products he/she wishes to purchase and have delivered. An Order is finalized when the Customer has selected the Products he/she wishes to have delivered, as well as the delivery options, and when he/she has paid the amount due. Once the Order has been finalized, BUTT BUTTER will ship the Products ordered in accordance with the terms and conditions of these GTCS.

Contract: means the present GTC and any special conditions applicable to certain promotional operations. The Customer hereby waives the right to rely on any contradictory document which may be in conflict with the Contract, and which may consequently be unenforceable against BUTT BUTTER.

Personal Data: refers to all personal information relating to the Customer as a natural person, provided by the Customer at the time of the Order.

Parties: refers jointly to BUTT BUTTER and the Users of the Site.

Products: refers to the products available for sale on the Site.

User: refers to any individual or legal entity accessing the Site, whether or not they are a Customer.


ARTICLE 2: PURPOSE OF THE TERMS AND CONDITIONS AND CURRENT VERSION

2.1. The purpose of these General Terms and Conditions of Sale is to define the conditions under which Users may access the Site, place Orders and manage the relationship between BUTT BUTTER and Users, including all rights and obligations arising therefrom.

2.2 They apply to relations between Users and between Users and BUTT BUTTER. All Users undertake to respect, without restriction or reservation, these General Terms and Conditions, whether they visit the Site or place an Order. The GTC shall be notified to Users for acceptance prior to any Order being placed on the Site.

2.3. BUTT BUTTER reserves the right to modify these GTC at any time and without prior notice, in particular in order to take into account any legal, jurisprudential and/or technical evolution. BUTT BUTTER will inform the User by any means, and the User must accept the new GTC.

In any case, the fact that the User continues to use the Site after being informed of the modification of the GCS implies acceptance of the modifications of the GCS by the User.
Successive versions of the GCS will be accessible from the Site.

2.4. The prevailing version of the GCS is the latest version available on the Site.

2.5. The version applicable to an Order is that in force on the date the Order is placed.
Each new Order requires acceptance of the GCS by the Customer, which the latter acknowledges and accepts.
If Users do not accept the GCS or any subsequent modifications, they must refrain from using the Site.

2.6. The User declares that he has obtained from BUTT BUTTER, prior to placing his Order, all information concerning the Products and the terms of delivery. The User declares that he is solely responsible for the choice of Products and their suitability for his needs.

2.7. The User must be a duly represented legal entity or a natural person of legal age to place an Order on the Site. Failing this, he/she must have the authorization of his/her legal representative to place an Order, which he/she expressly acknowledges and accepts.


ARTICLE 3: PRICES

All prices shown on the Site are in euros. BUTT BUTTER reserves the right to modify its prices without prior notice. The prices applied to the Customer correspond to those displayed on the Site at the time of the Order.


ARTICLE 4 : PRESENTATION OF ITEMS

The User is informed that photographs of the Products appear on the Site, which he may consult freely.

BUTT BUTTER makes every effort to ensure that the photographs of the Products conform as closely as possible to the Products actually delivered to the Customer (color of the Products in particular). Nevertheless, BUTT BUTTER cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints of making photographs available on the Site.
BUTT BUTTER makes every effort to present and describe its Products as accurately as possible. Nevertheless, BUTT BUTTER cannot guarantee that all characteristics of each Product will be communicated in full. The User who wishes to receive further information about a Product is invited to contact Customer Service at the following address: hello@buttbutter.fr

The User declares that he is fully aware of the provisions of the present article, and expressly agrees not to hold BUTT BUTTER liable in this respect, subject to the application of imperative legal provisions (in particular the guarantee of conformity).


ARTICLE 5 : ORDERING

The User may browse the Site without obligation to purchase.

To place an Order, the Customer selects the Products of his/her choice on the Site and adds them to his/her virtual basket.

It is not necessary to create a personal account on the Site in order to place an Order. However, BUTT BUTTER requires certain personal data from the Customer in order to process the Order.

If the Customer so wishes, he/she can create a personal account enabling him/her, in particular, to follow the history of his/her Orders on the Site and to retrieve the corresponding confirmations and invoices. The creation of a personal account requires the Customer to provide certain personal data.

BUTT BUTTER cannot be held responsible for the accuracy, completeness and timeliness of the information provided. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order, which he expressly acknowledges.
The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges.

Once the Order has been finalized, BUTT BUTTER will confirm acceptance by sending an e-mail to the Customer at the address indicated in the Order.

The Order is validated once payment has been made in full and received by BUTT BUTTER.

BUTT BUTTER will send the Customer an invoice by e-mail to the address given at the time of the Order. The Customer is advised to save or print the invoice and keep it.

BUTT BUTTER commits to fulfilling validated Sales Orders, subject to availability.

In the event that one or more Products are unavailable after an Order has been placed, the Customer will be informed by e-mail.

The Customer will have the choice of being reimbursed the amount corresponding to the unavailable Products, or of being delivered when the Products concerned are once again in stock (unless they are permanently withdrawn from the catalog).

In no event will BUTT BUTTER be liable for any loss or damage suffered by the Customer.

BUTT BUTTER may modify the assortment of products offered for sale on the Site at any time, without prejudice to the Orders placed by the Customer.

ARTICLE 6 : DELIVERY

Delivery charges will be specified on the Site during the Order process and must be accepted by the Customer when the Order is validated.

They will be shown on a separate line from the price of the Products.

It is expressly specified that the amount of delivery charges may vary according to the territory in which the Products are delivered, which the Customer expressly acknowledges and accepts.

Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.

In application of article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the timeframe specified during the Product Order process and prior to the validation of said Order. Delivery times are also specified in the Order confirmation e-mail sent to the Customer.

Delivery times include the preparation and dispatch of the Order, as well as the time required to deliver the Products to the point of delivery (the Customer's postal address or delivery point).

If the Site does not indicate a delivery period for the Products, BUTT BUTTER undertakes to deliver them within a maximum period of 30 (thirty) days from the date of the Order validation e-mail sent to the Customer by BUTT BUTTER. In this case, the Products concerned will be delivered within the period indicated on the Site and recalled at the time of the Order.

However, as BUTT BUTTER uses external service providers (carriers, postal services, etc.) for the delivery of the Products, BUTT BUTTER is totally dependent on these third-party service providers. The delivery times indicated on the Site may therefore be affected by the service providers without BUTT BUTTER being responsible for such delays in delivery and the consequences thereof.

When delivery is made against a signature, the latter is proof of correct receipt of the parcel. The transfer of risk and responsibility for the Products takes place on receipt of the Products by the Customer. From this date onwards, the Customer shall be solely and exclusively responsible for them, as well as for their use and any consequences that may arise therefrom. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. If this is not the case, the Customer undertakes to refuse to accept the Order and to sign any supporting documents.

Any Order received against signature by the Customer shall be deemed to be compliant, complete and in perfect condition at the time of delivery.

ARTICLE 7: PAYMENT

The customer pays on the website www.buttbutter.fr by credit card from the Visa, Mastercard, Maestro and American Express networks via the Paypal secure payment platform.

Payment via Paypal: Payment methods are specific to the Paypal payment platform and are independent of BUTT BUTTER, which is in no way involved in the use of this service. All terms and conditions relating to payment via the Paypal payment solution are governed by the General Terms and Conditions of Use of this service, available at https://www.paypal.com/fr/webapps/mpp/ua/useragreement-full, which apply concurrently with these GTC. BUTT BUTTER does not store any of the Customer's bank details, subject to the provisions below. BUTT BUTTER cannot be held responsible for any malfunction of the Paypal payment platform.

By accepting these terms and conditions, the Customer also agrees to be bound by Paypal's General Terms and Conditions of Use, which are available at the above address. These may be modified by Paypal only. Under no circumstances may BUTT BUTTER modify the General Conditions of Use of Paypal, a service provider over which it has no control.

ARTICLE 8 - RETRACTION

Pursuant to Articles L.221-5 et seq. of the French Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any product that is damaged, incomplete, damaged or whose packaging has deteriorated will not be taken back), to request reimbursement without penalty.

In particular, BUTT BUTTER will not reimburse any cosmetic product whose lid has been removed.

The customer must therefore place the intact packaging containing the product in a suitable package to which the return label will be affixed, before sending it by post. The Customer must also enclose a copy of the invoice or any other element enabling the Order to be identified, and its owner.

The Product is returned at the Customer's risk. If the package is lost, stolen or damaged when the Product is returned, BUTT BUTTER reserves the right to refuse reimbursement of the returned Product(s).

Only the Customer identified as such to BUTT BUTTER may exercise this right, to the exclusion of any other person, and in particular the person to whom the delivery was made. The return address is: CEVA Logistics, 5 rue de la fontaine des bries, ZAC de la Barogne, 77230 MOUSSY LE NEUF.

ARTICLE 9 - PERSONAL DATA

9.1. Personal data is collected by BUTT BUTTER when an Order is placed or when a personal account is created by the Customer. The creation of a personal account is not mandatory to place an Order on the Site, the Customer having the possibility to place an Order as a "guest".

In addition, personal data is collected via cookies. This type of collection is described in article 9.2 below.

When placing an Order, certain personal data must be filled in by the Customer and collected by BUTT BUTTER. This includes the customer's surname, first name, e-mail address, postal address and telephone number. The same personal data is required for the creation of a personal account.

In addition, the Customer may create a personal account using the Facebook Connect interface. In this case, the Customer authorizes BUTT BUTTER to collect the personal data contained in the public profile and the e-mail address associated with the Customer's Facebook account. By creating an account via the Facebook Connect interface, the Customer expressly accepts Facebook's general terms and conditions of use, which are available at the following address: https://www.facebook.com/terms.

This personal data is subject to automated processing for the purpose of managing BUTT BUTTER's Order and customer base, as well as for commercial prospecting and statistical purposes.

It may be passed on to BUTT BUTTER's business partners who assist in the delivery of the Products and the processing of payments, solely for this purpose, which the Customer expressly acknowledges and accepts.

In addition, as part of the online payment services used by BUTT BUTTER, these services collect certain personal data belonging to Customers on behalf of BUTT BUTTER.

The said data is kept for the period necessary for the purposes for which it is collected and processed, i.e. for the completion of the Order placed by the Customer, unless :
- a longer retention period is authorized or imposed by a legal or regulatory provision;
- the Customer has exercised one of his/her legal rights under the conditions set out below.
In addition, when the Customer has created a personal account, the personal data communicated for this purpose are kept until the account is deleted, which may be requested from BUTT BUTTER under the conditions described below.

Subject to the Customer's express acceptance by means of check boxes, the Customer's e-mail address may also be used by BUTT BUTTER for the purposes of registering and sending a newsletter and/or transmitting promotional offers.

Should the Customer no longer wish to receive newsletters and/or promotional offers, he/she may modify his/her choice by contacting BUTT BUTTER under the conditions mentioned below or by using the unsubscribe links provided in the messages.

Access to personal data is strictly limited to BUTT BUTTER employees who are authorized to process such data by virtue of their position. The information collected may be communicated to third parties bound to BUTT BUTTER by contract for the performance of subcontracted tasks necessary for the management of the Order, without the Customer's authorization being necessary. It is specified that, within the framework of the execution of their services, third parties have only limited access to the data and have a contractual obligation to use them in compliance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, BUTT BUTTER undertakes not to sell, rent, transfer or give access to third parties to data without the customer's prior consent, unless compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defence, etc.).

In accordance with the applicable legal and regulatory provisions, in particular Act no. 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European Regulation no. 2016/679/EU of April 27, 2016, the User has the right to access, rectify, port and delete his/her data or to limit the processing. They may also, for legitimate reasons, object to the processing of data concerning them.

The User may demand that personal data which is inaccurate, incomplete, ambiguous or outdated be corrected, supplemented, clarified, updated or deleted. The User's personal data will also be deleted if the User expressly withdraws his/her consent to the collection and processing of his/her personal data, subject to BUTT BUTTER's legal obligations. The User may also, under the right to portability of his personal data, retrieve those concerning him for his personal use, or request that they be transferred to a third party, if this is technically feasible. Each User may also object, on legitimate grounds, to the processing of data concerning him or her, and request the limitation of data processing.

To exercise these rights, the User should send a request to the following postal address TG INNOVATIONS, 8 bis rue de Braque, 75003 Paris or by e-mail to hello@buttbutter.fr indicating his/her first and last name. BUTT BUTTER may ask the User to prove his identity by enclosing with his request any necessary document, in particular a copy of his identity card or passport.

BUTT BUTTER will use its best endeavors to process requests for personal data from Users.

In the event of a security breach on the Site or loss of personal data relating to Users, BUTT BUTTER will inform them by e-mail in accordance with the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure the security of the data.

Users also have the right to lodge a complaint with the national supervisory authority, the CNIL.
For more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.
9.2. BUTT BUTTER may use cookies on the Site. This is an automatic tracking process which records information relating to browsing on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site.

Cookies installed by BUTT BUTTER are deleted from the customer's computer terminal after 13 months.

The User may object to their installation and/or delete them by following the procedure indicated on his/her browser.

As such, BUTT BUTTER collects the express consent of Users regarding the use of these cookies and uses them in accordance with legal provisions, including in particular the General Regulation on the Protection of Personal Data.

BUTT BUTTER uses these cookies solely to establish connection statistics as well as the browsing history of Users.

ARTICLE 10: VOUCHERS/CREDITS

Vouchers sent by BUTT BUTTER can be used for 1 year on all products offered on the Site. Vouchers cannot be combined with each other or with promotional codes.

ARTICLE 11: PROMOTIONAL CODES

Promotional codes apply to non-rebated base prices only. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used 1 time per customer account unless otherwise instructed by BUTT BUTTER. These codes are not refundable in the event of an exchange.

ARTICLE 12: INTELLECTUAL PROPERTY

Without this list being exhaustive, the brand name "BUTT BUTTER" as well as its derivatives and declinations, logos, graphic charter, layout, information, presentation and content of the Site are the exclusive property of BUTT BUTTER. The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) relating to the Site are also protected by all intellectual property rights or rights of producers of databases in force, of which BUTT BUTTER is the sole holder or owner of the rights. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of BUTT BUTTER are strictly prohibited and may be subject to legal action.

Any reproduction or representation, in whole or in part, of the Site or its component parts, such as, but not limited to, trademarks, logos, graphics, layout, information, presentation and content, is prohibited.

Browsing the Site does not imply any transfer of intellectual property rights to the User. BUTT BUTTER grants the User a right of access and consultation of the Site only, under the terms and conditions set forth in these GTC.

ARTICLE 13: LIMITATION OF LIABILITY

13.1 BUTT BUTTER shall not be liable for any damages whatsoever arising out of or in connection with the use of the Site or the Ordering of Products, including but not limited to damage to the Customer's reputation and image, or loss of data arising out of or in connection with the use of the Site.
In the event that BUTT BUTTER is held liable for any loss or damage suffered by the Customer, BUTT BUTTER's liability shall be limited to the amount of the Order paid by the Customer to BUTT BUTTER.

13.2. The User acknowledges that use of the Site is at his or her own risk. The Site is provided "as is" and is accessible without any guarantee of availability or regularity.

BUTT BUTTER will use reasonable efforts to make the Site available 24 hours a day, seven days a week, except in the case of force majeure or an event beyond BUTT BUTTER's control and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or malicious acts or any damage to BUTT BUTTER's hardware or software.

13.3. BUTT BUTTER shall not be liable for any interruption of all or any part of the Site regardless of the cause, duration or frequency of such interruption.

13.4. Although the Site is equipped with the technology currently required for access and use, the presence of viruses or other harmful elements, introduced by any means or by any third party, which may alter the User's computer systems, cannot be ruled out.

BUTT BUTTER makes no warranties, express or implied, as to the operation of the Site, including any technical problems that may arise.

BUTT BUTTER reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or contents offered, as well as the right to eliminate, limit, suspend or prohibit access to them, temporarily or permanently.

13.5. BUTT BUTTER shall not be liable for any breach of its obligations under these GTC if such breach is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts and article 1218 of the Civil Code, or to any other event which was not reasonably under the exclusive control of BUTT BUTTER.

It is agreed that in the event BUTT BUTTER is held liable, regardless of the basis and/or nature of the action, only direct and foreseeable damage may give rise to compensation. Therefore, any indirect, consequential and/or incidental damages, such as, for example, a commercial disturbance, loss of clientele, etc., will not entitle the User to compensation.

In any event, BUTT BUTTER's liability for any damage caused to the Customer for any reason whatsoever is expressly limited and shall in no event exceed the total amount, exclusive of taxes, of the Customer's Order made hereunder.

13.6. The Customer undertakes to use the Products in strict accordance with the instructions for use provided by BUTT BUTTER. BUTT BUTTER shall not be held liable for any improper use of the Products by the Customer or any third party.

ARTICLE 14: LEGAL WARRANTY

In accordance with the provisions of the French Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), enabling Customers to return defective and non-compliant Products free of charge.

14.1 Warranty against hidden defects. In accordance with articles 1641 et seq. of the French Civil Code, BUTT BUTTER is liable for hidden defects in the Products sold which render them unsuitable for or significantly affect the use for which they were intended. The customer may bring an action on the basis of a latent defect within two years of discovery of the defect.
Within the framework of the legal warranty for hidden defects, BUTT BUTTER, at the Customer's option, undertakes, after assessment of the defect, either :
- refund the full price of the Product concerned ;
- refund part of the price of the Product if the Customer decides to keep it.

14.2. Legal Warranty of Conformity.
In accordance with Articles L.217-4 et seq. of the French Consumer Code, BUTT BUTTER is obliged to deliver Products that comply with each Customer's Order, i.e. :
- Products corresponding to the description given by BUTT BUTTER ;
- Products with the qualities that the Customer may legitimately expect in the light of BUTT BUTTER's declarations.

The Customer may bring an action on the basis of a lack of conformity within two years of delivery of the Products, it being understood that any lack of conformity appearing within two years of delivery is deemed to have existed from the time of delivery.
Within the framework of the legal warranty of conformity, BUTT BUTTER, according to the Customer's choice, undertakes, after assessment of the defect, either :
- to refund the price of the Product concerned; - to exchange the Product for one that conforms to the Order, if this is possible.


ARTICLE 15: COMPLAINTS - INFORMATION

Any complaint or request for information relating to these GCS must be addressed to Customer Services by e-mail to the following address: hello@buttbutter.fr.

ARTICLE 16 - MISCELLANEOUS PROVISIONS

16.1. Partial invalidity
If one or more stipulations of these GCS are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

16.2. Non-waiver

The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GCS shall not be construed as a waiver of the obligation in question for the future. 17.3. Mediation

In the event of a dispute relating to an Order, the Customer must first contact BUTT BUTTER, in order to find an amicable solution, by e-mail at hello@buttbutter.fr.

Referral to the mediator can only be made after the customer has first approached BUTT BUTTER in writing.

In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

16.4. Applicable law and jurisdiction

These GTC are governed by French law, unless otherwise stipulated.

In the absence of an amicable solution, and whatever the origin of the dispute, any litigation relating to the performance or interpretation of these GTS will be submitted to the competent courts of Paris, unless otherwise stipulated. For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.