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Terms and Conditions of Sale

Terms and Conditions of Sale

ARTICLE 1 – GENERAL PROVISIONS

The company Better Follow Flo is a limited liability company with a capital of 1000 euros, whose trade name is BOUEE LICORNE, whose registered office is located at 306 Avenue Henri Deschamps, 01700 Miribel, registered on 01/08/2022 with the R.C.S of the Commercial Court Registry of Bourg-En-Bresse under number 917 983 942.

Better Follow Flo is represented by its President, Mr. Florent VERNEY.

The Company's contact details are as follows:

- Address: 306 Avenue Henri Deschamps, 01700 Miribel
- E-mail: support@UnicornFloats.com

On social media via our instant messaging on MESSENGER (on our official FACEBOOK page): https://www.facebook.com/profile.php?id=100072316399323

The Company publishes and operates the Site. It notably markets giant inflatable pool floats, inflatable pool mattresses, small inflatable pool floats, inflatable baby pool floats, and inflatable cup holders.

Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.

These General Terms and Conditions of Sale aim to define the contractual relations between the Company and the Buyer and the conditions applicable to any Product purchase made through the website.

These Terms constitute a legally binding agreement between the Buyer and the Company, governing the Buyer's access to and use of the Site, including its subdomains and all other sites through which BOUEE LICORNE 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 manner in which BOUEE LICORNE collects and uses personal data in connection with accessing the Site and the Customer's use of the Site is described in these General Terms.

ARTICLE 2 – DEFINITIONS

In these General Terms and Conditions of Sale, words or expressions starting with a capital letter will have the following meaning:

"CUSTOMERS" : Refers to any professional, individual or consumer who places an order with BOUEE LICORNE.

"PRODUCT CODE": Refers, in singular or plural, to the EAN code (barcode) or equivalent identifying a Product.

"GENERAL TERMS AND CONDITIONS OF SALE": Refers to this document, including its appendices.

"CONTENT": Refers, without limitation, to the structure, service architecture, editorial content, texts, headings, drawings, illustrations, photos, images, sounds, videos, and any other content present on the Services and/or any other element comprising the Services.

"CONTRACT": Refers to the agreement reached between the Parties, under the performance of the Contract by the Company for the benefit of the Client, after the Client's acceptance of these terms and payment of their order, under the conditions defined below.

"COMPANY": Refers to the company Better Follow Flo, represented by its President, Mr. Verney, whose registered office is located at 306 Av. Henri Dechamps, 01700 Miribel.

"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 its 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 selling price, the fixed shipping costs.

"SITE": Refers to the website owned and published by BOUEE LICORNE, available at the URL: https://www.UnicornFloats.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

The purpose of these General Terms and Conditions of Sale is notably 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, both in terms of payment and settlement methods, as well as execution methods, and the respective rights and obligations of the Parties.

The acquisition of a product through this site implies unreserved acceptance by the buyer of these General Terms and Conditions of Sale, which the buyer acknowledges having read prior to placing 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, in order to comply with any new regulations or with the aim of improving the use of its site.

It is the User's responsibility to regularly visit the Site to check for any changes.

Therefore, the applicable General Terms and Conditions of Sale will be those in force on the date of the Buyer's order.

ARTICLE 4 – PRODUCTS

The products offered are those listed on the BOUEE LICORNE website, within the limits of available stock.

Each product is presented on the website with a description outlining its main technical characteristics (capacity, use, composition, etc.).

The Product description corresponds to its actual characteristics.

BOUEE LICORNE specifies 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 bind the Seller in any way.

BOUEE LICORNE undertakes to carry out all necessary validations, verifications, and provide all necessary clarifications so that the description and the elements of the offer are accurate and do not mislead the Buyer.

To ensure the aforementioned requirements, BOUEE LICORNE reserves the right to modify the product assortment at any time.

The sale of 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

Products are supplied at the prices in effect on the day the Client places the order on the Site.

These prices are firm and non-revisable during their validity period, as indicated by the Seller.

Prices displayed on product sheets in the online catalog are in Euros (€) including all taxes (TTC), taking into account the VAT applicable on the day of the order.
Any change in the VAT rate may be reflected in the price of the products.

The Company reserves the right to modify its prices at any time, it being understood, however, 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 otherwise specified), which are invoiced in addition to the price of the purchased products according to the total amount of the order and the agreed geographical area. The indicated prices also do not include any potential customs duties and insurance, which remain the responsibility of the Buyer.

ARTICLE 6 – ORDERS AND PAYMENT METHODS

Any order of Products offered on the Site implies the Buyer's prior express and unreserved acceptance of these General Terms and Conditions of Sale, at the time of validating their order, under the conditions and according to the terms set out in this Article.

By accepting these General Terms and Conditions of Sale, the Buyer:

- Declares having read all of their provisions;

- Acknowledges having received the necessary advice and information to ensure the suitability of the Products offered by the Seller for their needs;

- Declares being legally able to contract under French laws or validly representing the individual for whom they are committing.

Before placing any order, the Buyer must create an account on the Site.

The account creation section is directly accessible from the side menu bar.

For 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 only by the payment method indicated on the Site.

The Company offers the buyer to order and pay for their products in several steps, with a choice of payment option: secure payment by PAYPAL or secure payment by STRIPE.

The Buyer selects the products they wish to order in the "cart", modifies it if necessary (quantities, references, etc.), verifies the delivery address or enters a new one.

Then, shipping costs are calculated and submitted to the Buyer, as well as the name of the carrier.

The Buyer then chooses their preferred payment method: "Payment by PAYPAL" or "Payment by STRIPE".

The next step prompts them to review all information, read and accept these General Terms and Conditions of Sale by checking the corresponding box, then invites them to confirm their order by clicking the "Confirm my order" button.

The Buyer has the possibility to check 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 or STRIPE account details.

Payment by PAYPAL account or STRIPE account is irrevocable.

In case of fraudulent use of their credit card, the Buyer may demand the cancellation of the card payment, and the amounts paid will then be re-credited or reimbursed.

To obtain a refund of the fraudulent debit and any associated bank charges, the cardholder must dispute the debit in writing with their bank, in accordance with legal requirements, within 70 days of the transaction, or 120 days if their contract with the bank so provides.

The amounts debited are reimbursed by the bank within a maximum of one month after receipt of the cardholder's written dispute. No charges for the return of funds may be imposed on the cardholder.

Should the transfer of funds due by the Buyer prove impossible for any reason (opposition, refusal, or otherwise), the order would be canceled, and the sale would not be concluded.

The Buyer acknowledges that their acceptance of the offer is made in consideration of the description of the Product being sold and that it constitutes a firm commitment to contract with the Seller under the terms of the offer.

However, the sales contract is concluded under the resolutory condition that the ordered Product is available. The confirmation of the Product's availability by the Seller lifts the resolutory condition.

In case of confirmation of Product unavailability, the sales contract concluded between the Buyer and the Seller is automatically and immediately terminated, and the obligations of each party are legally revoked.

It is specified that in the case of a sales contract for several Products, only the sales contract for the unavailable Product will be terminated.

Confirmation of an order entails acceptance of these General Terms and Conditions of Sale, acknowledgment of full knowledge thereof, and waiver of reliance on one's own terms of purchase.

All data provided and the recorded confirmation will serve as 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 drawn up by the Seller and given to the Buyer with each order.

The invoice shall include the names of the parties and their addresses, as well as their billing address if different, the date of sale or service provision, the quantity, the precise designation, and the unit price excluding VAT of the products sold and services rendered, as well as any price reductions obtained on the date of sale or service provision and directly related to this sale or service operation, excluding discounts not provided on the invoice.

The Site is subject to a security system using SSL encryption to protect all sensitive data related to payment methods as effectively as possible.

Communicated credit card information is encrypted through the use of the SSL security protocol and stored with AES-256 encryption.

The Site meets the requirements of the PCI-DSS standard and implements additional industry-recognized standards.

The payment intermediaries PAYPAL and STRIPES used by BOUEE LICORNE similarly have demanding encryption processes ensuring a reliable security protocol. These processes are governed by the specific General Terms and Conditions of these intermediaries.

ARTICLE 7 – DISCOUNTS AND REBATES

The prices offered to the Buyer include any discounts and rebates that the Seller may grant based on the number, in a single transaction, or regularity of orders placed.

ARTICLE 8 – RETENTION OF TITLE

The Company retains full and complete ownership of the products sold until full payment of the price, including principal, fees, and taxes.

Notwithstanding the preceding paragraph, at the moment the Buyer (or a third party designated by the Buyer) takes physical possession of the ordered products, the risks of loss or damage to the products are transferred to them.

ARTICLE 9 – DELIVERIES
Products are delivered to the delivery address indicated by the Buyer during the ordering process, unless delivery restrictions are specified on the order validation page by the customer.

Orders are processed by various carriers: ASM, Bpost, Chronopost; Colis Privé, DPD Belgique, 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.

Orders are processed and shipped within 2 to 3 business days.

Then, delivery times vary depending on the carrier and the Products ordered.

Some Products are eligible for express delivery. If applicable, BOUEE LICORNE undertakes to deliver to the Customer within 24 to 72 hours.
This express delivery is sometimes provided by Amazon's logistics service for some of our products. Some of our best-selling products come from their warehouses because their logistics allow us to guarantee you a fast and efficient delivery service as well as an easy-to-use product return service.
When this is not available or offered to the Client, BOUEE LICORNE delivers ordered Products within 8 to 20 days for France, Belgium, and Luxembourg, or 10 to 20 days for Canada and Switzerland.

These General Terms and Conditions of Sale refer to the provisions of Article L. 221-15 of the Consumer Code, which stipulate the seller's full liability for the proper performance of the entire contract, up to and including delivery, whether the obligations are performed by the seller themselves 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 terms and conditions 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 goods or provides the service on the date or within the period indicated to the consumer, in accordance with section 3° of Article L. 111-1, unless otherwise agreed by the parties.

For the application of this title, delivery of goods means the transfer of physical possession or control of the goods to the consumer. In the case of goods containing digital elements, delivery also includes the provision of these elements within the meaning of Article L. 224-25-4.

In the absence of an indication or agreement as to the date of delivery or provision, the professional delivers the goods or provides the service without undue delay and at the latest thirty days after the conclusion of the contract.

This chapter also applies to the provision of digital content on a material medium used exclusively for its transport."

"Any risk of loss or damage to the goods is transferred to the consumer at the moment the latter or a third party designated by him takes physical possession of these goods."

In the event that the Buyer has already received the Product, unicornfloats will proceed with the reimbursement 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 failure to deliver exposes the Seller to a 10% increase for a delay of 30 days or less, 20% for a delay between 30 and 60 days, and 50% for a delay exceeding 60 days.

The Company, via the Site, may provide the buyer with the tracking number of their package by e-mail.
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 the event 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 a relay point within a period indicated by postal services.
The consumer can also report an issue to the carrier in all cases: Article 1.133-1 of the Commercial Code stipulates a three-day period to make reservations to the carrier in case of damage or partial loss during the transport of goods. Furthermore, Article L. 224-65 of the Consumer Code provides that when the carrier does not prove having given the consumer the opportunity to effectively check the good condition of the delivered goods, 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 take place 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 occur after delivery of the Product, when said Product is received by the Customer.

ARTICLE 11 – FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described in these Conditions, results from a case of force majeure, as defined in Article 1218 of the Civil Code.

ARTICLE 12 – RIGHT OF WITHDRAWAL

12.1 – Legal period for the right of withdrawal

In accordance with current legal provisions, the Buyer has a period of 14 days from receipt of their Products to exercise their right of withdrawal without having to justify reasons or pay a penalty.

After communicating their decision to exercise their right of withdrawal within this 14-day period, the Buyer has another 14-day period to return the product(s) 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 specified in 12.1, only the price of the purchased product(s) and shipping costs will be reimbursed, with return shipping costs remaining the responsibility of the Buyer.

Returns must be in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed as new, and, if possible, accompanied by a copy of the purchase invoice for optimized management.

In the event of product depreciation resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the product, the Buyer's liability may be engaged.

To exercise their right of withdrawal, in accordance with legal provisions, the Buyer will find attached in Annex 2 of these General Terms and Conditions of Sale, a standard withdrawal form to be sent to the following email address: support@UnicornFloats.com.

The Buyer expresses their unequivocal intention to withdraw and specifies the order concerned by this withdrawal.

Once the form or declaration of withdrawal has been sent within 14 days of receipt of their order at the latest, the Buyer must return the product(s) concerned within a reasonable period 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 La Poste, Chronopost website "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 the Buyer chooses 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, or unsealed computer software recordings by the customer, goods made to customer specifications or personalized, and goods unsealed by the customer and which cannot be returned for reasons of hygiene or health protection. Likewise, the right of withdrawal cannot be exercised for gift boxes.

12.4 - Return address

Bouée Licorne, 306 Avenue Henri Deschamps, 01700 Miribel

12.5 - Refund

In the event of exercising the right of withdrawal, the Company will refund the sums paid no later than 14 days from the date on which the Company is informed of the Buyer's decision to withdraw and using the same payment method as that used for their order (unless the Buyer expressly agrees to a refund by 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 chosen being the earlier of these events.

If a refund is not made after 14 days from the date on which the Company is informed of the Buyer's decision to withdraw, BOUEE LICORNE is liable to reimburse the amounts due increased by the legal rate if the refund delay is less than or equal to 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 obliged to reimburse 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 with gift vouchers will be issued exclusively in the form of gift vouchers for an amount identical to that paid in this form.

Benefits obtained during the purchase of a product, particularly through a loyalty card, will be cancelled in case of product return accompanied by a refund of said product.

ARTICLE 13 – LEGAL GUARANTEES

13.1 - Legal guarantee of conformity

In accordance with legal requirements (Annex 1), the seller is liable for defects in conformity appearing on its products for two years (2) from the delivery of the goods. It is also liable for defects in conformity resulting from packaging, assembly instructions, or installation when the latter was carried out under its responsibility or was at its charge by contract.

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 conditions of sale of goods (excluding domestic animals)

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 the event of a defect in conformity appearing. 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 goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the conformity defect affecting the digital content or digital service and not the date of its appearance.

The legal guarantee of conformity obliges the professional, if applicable, to provide all necessary updates 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 of their request, free of charge 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 replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer can obtain a price reduction by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:

1° The professional refuses to repair or replace the goods;

2° Repair or replacement of the goods occurs after a period of thirty days;

3° Repair or replacement of the goods causes significant inconvenience to the consumer, particularly when the consumer definitively bears the costs of recovery or removal of the non-compliant goods, or if they bear the costs of installing the repaired or replacement goods;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer also has the right to a price reduction or termination of the contract when the defect of conformity is so serious that it justifies an immediate price reduction or contract termination. The consumer is then not required to request repair or replacement of the goods beforehand.

The consumer does not have the right to terminate the sale if the lack of conformity is minor.

Any period of immobilization of the good for repair or replacement suspends the remaining guarantee until the delivery of the repaired good.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who in bad faith obstructs the implementation of the legal guarantee of conformity 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 in application of Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles them to a price reduction if the goods are kept or a full refund upon return of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Buyer's good.

13.2 – Warranty against hidden defects of the item

It is recalled that the consumer can decide to implement the warranty against hidden defects of the sold item as defined in Article 1641 of the Civil Code within two years from the discovery of 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 renders the product unusable.

The Buyer can choose between the termination of the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code.

This warranty thus allows the Buyer to obtain free repair or exchange of their product, subject to the cost conditions provided by law.

Failing this, if repair or exchange is impossible or could not be carried out within one month of taking charge, the Company will refund the Buyer the price of the Product.

To invoke this warranty, Products must be returned in the condition 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 in a way that allows for good transport conditions. In this case, the costs of returning the product will be reimbursed to the Buyer based on the invoiced rate and upon presentation of supporting documents.

13.3 – Exclusion of legal guarantees

Any warranty 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 in case of force majeure.

ARTICLE 14 – INTELLECTUAL PROPERTY

The content of the BOUEE LICORNE 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 is likely to constitute an infringement.

It is forbidden to use, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the Site.

Furthermore, the Company retains all intellectual property rights over photographs, presentations, studies, drawings, models, prototypes, etc., created for the provision of Services to buyers.

The user of the BOUEE LICORNE website is therefore prohibited from any representation or exploitation of the said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Company, which may condition it on a financial consideration.

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 natural persons with regard to the processing of personal data and on the free movement of such data) and Law 78-17 of 6 January 1978 as amended by Law n°2018-493 of 20 June 2018, it is recalled that nominative personal data, defined as any information relating or capable of relating in any way to an identified or identifiable living person, communicated or provided by the Client or extracted from their connections via tracking technologies implemented by the site editor ("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.

In cases where telephone data is collected, the consumer is expressly advised that they can register for free on the BLOCTEL telephone canvassing opt-out list (www.bloctel.gouv.fr) in order to no longer be telephoned for canvassing purposes, in accordance with Law no. 2014-344 of March 17, 2014, relating to consumption. Any consumer has the possibility to register for free on this list on the website https://www.bloctel.gouv.fr/

As such, BOUEE LICORNE informs the User of the use of cookies, their duration, their purpose, and their 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 to activate certain cookies rather than others on the website, via a hypertext link available at all times, such as "Learn more" or "Cookie settings".

Here is a list of cookies that BOUEE LICORNE 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 retained, persists for 30 minutes from the last visit. Used by the internal statistics tracking system of this website's provider to record the number of visits.

             _shopify_uniq, no data retained, expires at midnight (visitor's location) the following day. Calculates the number of visits to a store by a unique 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 determine if the current visitor has access.

Our partner companies do not have the right to collect, process, or use personal data from our website through cookies. However, we would like 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 to analyze our website provided by Google Inc. ("Google"), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics also uses cookies (see above). The information obtained by 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, to produce reports for the provider on website activity, and to provide other services related to website use and internet use. Google may also transfer this information to third parties within the limits provided by law or insofar as these third parties process this data at Google's request. Google will under no circumstances link your IP address with other Google data.

Facebook Plugins

Plugins from the social network Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook") are used on our website. These plugins are characterized by the Facebook logo or the indication "Facebook Social Plugin". You can find an overview of Facebook plugins and their appearance here. When you enter a page of our website that contains such a plugin, your browser establishes a direct connection with Facebook's servers. The content of the plugin is directly transmitted to your browser by Facebook and included on the page. Thanks to this transmission, Facebook receives the information that your browser has entered the 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, where it is stored. If you are logged into Facebook, Facebook can immediately link the visit to our website to your Facebook profile. When you interact with plugins, for example by clicking the "Like" button on Facebook or leaving a comment, this information is transmitted and stored directly on a Facebook server. In addition, this information can be (depending on your privacy settings on Facebook) published on your Facebook profile and shown to your Facebook friends. The purpose and extent of data collection and the processing and use of it by Facebook, as well as your rights relating thereto, and the setting options for privacy protection can be found in Facebook's data protection information. If you do not want the data collected on our website to be transmitted immediately to Facebook, you must log out of Facebook before visiting our site. You can also completely prevent the loading of Facebook plugins with add-ons for your browser.

Instagram

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. We would like to point out that, as the page provider, we do not know the content of the data transmitted, nor how it is used by Instagram.

For more information, please consult Instagram's 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 displayed by Google, a cookie is placed on your computer for conversion tracking. These cookies are no longer valid after 30 days and do not contain personal data, so they cannot be used in connection with personal information.

If you visit certain pages of our site and the cookies have not yet expired, we (with Google) can recognize that you clicked on the ad and were redirected to this page. Each Google Adwords customer receives different cookies. This makes it impossible to track cookies across advertiser websites.

The information collected using conversion cookies allows for the generation of conversion statistics for Google Adwords advertisers who opt for conversion tracking. They show customers the total number of users who clicked on the ads and were redirected to the pages tagged for conversion tracking. However, advertisers do not receive information that personally identifies users.

If you do not wish to participate in this tracking, you can object by preventing the installation of cookies, by configuring your web browser accordingly (deactivation option). You will not be included in the conversion tracking statistics.

For more information on Google's privacy policy, please consult the following pages:

Google Privacy Policy and Terms of Use

Google Privacy Policy

Facebook Pixels

This site uses Facebook Inc.'s ("Facebook") "Custom Audiences" Remarketing feature. This allows targeted advertisements to be displayed to visitors of our site based on their interests on the Facebook social network ("Facebook Ads"). In this sense, the retargeting tag is implemented on our website. Through this tag, a connection is directly established with Facebook's servers when you visit the site. The information viewed on the site is transmitted to Facebook's servers, and Facebook then links this information to your personal account. For more information on Facebook's data collection and use, as well as users' rights in this regard and privacy protection, please consult Facebook's privacy policy. You can also disable the "Custom Audiences" feature at this address. To do this, you must be logged into Facebook.

For banners 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 editor.

Opening the "Learn more" section cannot in any case be equated with obtaining the user's consent.

The Client has, if applicable, the possibility to withdraw their consent as easily as their previous acceptance.

All client consents are securely and cryptographically archived.

Personal data may be communicated to any partners of the Company responsible for the execution, processing, management, and payment of orders.

In general, third-party providers will only collect, use, and disclose user information to the extent necessary to perform the services they provide to BOUEE LICORNE.

Some third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information transmitted to them to facilitate purchase transactions.

BOUEE LICORNE may also transmit them to administrative and judicial authorities, in order to comply with its legal and regulatory obligations.

The processing of information communicated via the BOUEE LICORNE website complies with legal requirements regarding the protection of personal data, with the information system used ensuring optimal protection of this data and lawful, fair, and transparent processing with regard to the data subject.

The User, in accordance with current national and European regulations, has a permanent right of access, modification, rectification, opposition, portability, and limitation of processing concerning the information about them.

The data subject also has the right to obtain from the controller the erasure, without undue delay, of personal data concerning him or her and the controller has the obligation to erase such personal data without undue delay, under the conditions set out in Article 17 ("right to erasure") of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

They simply need to send a request to the Online Customer Service at support@UnicornFloats.com , indicating their first name, last name, email address and, if possible, their customer reference.

In accordance with current regulations, their request must be signed and accompanied by a photocopy of an identity document bearing their signature and specify the address to which the response should be sent. A response will then be sent within 2 months of receipt of the request.

Personal data is not kept beyond the duration strictly necessary for the execution of these Services and for the realization of any prospecting operations. The data will be deleted at the latest three (3) years after the User's last contact with BOUEE LICORNE, with the exception of those necessary for establishing proof of a right or a contract which may legally be archived for five (5) years.

ARTICLE 16 – PROHIBITED USES

In addition to the prohibitions set out in these General Terms and Conditions of Sale, the User is prohibited from using the site or its content:

(a) for illegal purposes;

(b) to induce third parties to perform or participate in illegal acts;

(c) to violate any regional order or any international, federal, provincial, or state law, rule, or regulation;

(d) to infringe upon or violate the intellectual property rights of BOUEE LICORNE or those of third parties;

(e) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate, or discriminate against anyone 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 a way that compromises the functionality or operation of the Service or any associated, independent, or Internet website;

(h) to collect or track the personal information of others;

(i) to spam, phish, hijack a domain, extort information, crawl, explore or scan the web (or any other resource);

(j) for obscene or immoral purposes

(k) to violate or circumvent the security measures of our Service, any other website, or the Internet. BOUEE LICORNE reserves the right to prevent access to the Service or any other related website to a User when it is proven that the User has violated these General Terms and Conditions.

ARTICLE 17 – HYPERTEXT LINKS

Hypertext links may be present on the site.

The user is informed that by clicking on these links, they will leave the Site.

BOUEE LICORNE assumes no responsibility for the content, advertisements, products, and/or services available on such third-party sites and mobile applications, which are recalled to be governed by their own terms of use.

BOUEE LICORNE is also not responsible for transactions that occur between a User and any advertiser, professional, or merchant to whom the User is directed via the Site, and shall in no way be a party to any potential disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations, and any other obligations to which they may be held.

The User is required to carefully read the policies and practices of third parties and ensure that they understand them before engaging in any transaction.

Complaints, claims and/or questions concerning these third-party products should be submitted to the same third parties.

ARTICLE 18 – LIABILITY

BOUEE LICORNE undertakes to provide its Services with diligence and according to the rules of the art.
BOUEE LICORNE undertakes to regularly carry out checks to verify the functioning and accessibility of the Site.

As such, BOUEE LICORNE reserves the right to temporarily interrupt access to the Site for maintenance reasons.

Likewise, BOUEE LICORNE cannot be held responsible for temporary difficulties or impossibilities of access to the Site which would have their origin in circumstances beyond its control, force majeure or which would be due to disturbances in telecommunications networks, Users being informed of the complexity of global networks and the influx, at certain times, of their users.

The products offered comply with current French legislation. The liability of BOUEE LICORNE cannot be engaged in case 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 the possibilities of importing or using the products or services they intend to order.

The Services are provided by BOUEE LICORNE "as is" and without warranty of any kind, express or implied.

BOUEE LICORNE does not guarantee to Users (i) that the services, which are subject to constant research to improve their ergonomics and functionality, will be totally free of errors, defects, or flaws, (ii) that the Services, being by nature standardized, will specifically meet the User's needs and expectations.
To the extent permitted by applicable law, the Client releases the company BOUEE LICORNE from all liability regarding any claim, liability, damage, and loss arising from or in any way related to (1) the Client's non-compliance with these Terms or (2) the Client's violation of any law, regulation, or third-party rights.

In such a case, BOUEE LICORNE, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors can in no event be held liable for any injury, loss, claim, or 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, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your 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 advised of their possibility.

ARTICLE 19 - APPLICABLE LAW – DISPUTES – COMPLAINT PROCESSING - MEDIATION

This contract is subject to French law. The language of this contract is the French language.

All disputes that may arise from purchase and sale transactions concluded under these General Terms and Conditions of Sale, regarding their validity, interpretation, execution, termination, consequences, and implications, and which could not be resolved between the Seller and the Buyer, will be submitted to the French courts, which alone have jurisdiction.

Customer complaints must be submitted to the Company's customer service.

Customer service can be reached:

By mail: Bouée Licorne, 306 Av. Henri Deschamps, 01700 Miribel

By email: support@UnicornFloats.com

On social networks via our instant messaging on MESSENGER (on our official FACEBOOK page): https://www.facebook.com/profile.php?id=100072316399323

After having submitted a complaint to the Company's Customer Service and in case of impossibility to find an amicable agreement, the consumer Client is duly informed that they are entitled to resort to mediation in accordance with the provisions of Article L.612-1 of the Consumer Code.

The Buyer can use the mediation service for consumer disputes related to an order placed on the Site.

Regardless of the Party wishing to resort to mediation, they must first inform the other Party by registered letter with acknowledgment of receipt, specifying the reasons for the dispute.

After prior written action by consumers vis-à-vis BOUEE LICORNE, the Mediator Service, Centre de médiation de la consommation de conciliateurs de justice (CM2C) may be seized for any consumer dispute whose resolution has not been successful. The Client is invited to…

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established 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 is accessible via 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 for the purpose of improving the Site and its overall ergonomics, by e-mail or in the "Contact" section or by any other means of communication.

If, at the request of BOUEE LICORNE, the User submits specific content (for example, to participate in contests) or if, without a request from the Site, the User sends creative ideas, suggestions, proposals, plans or other elements, whether online, by e-mail, by mail or any other means, they grant BOUEE LICORNE, at all times and without restriction, the right to edit, copy, publish, distribute, translate and otherwise use in any media said creative ideas, suggestions, proposals.

BOUEE LICORNE is notably not obliged to pay compensation to anyone for the said creative ideas, suggestions, proposals or to respond to them.

BOUEE LICORNE reserves the discretionary right to monitor, modify or delete content deemed illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable or which infringes any intellectual property or these General Terms and Conditions of Sale.

Users undertake to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights.

They also undertake that their comments will not contain illegal, defamatory, offensive or obscene content and that they will not contain computer viruses or other malicious software that could in any way affect the functioning of the Service or any other associated website.

Users are fully responsible for the comments published and their accuracy. BOUEE LICORNE assumes no responsibility and disclaims all commitment regarding any comment that Users or any other third party may publish.

ARTICLE 21 – GENERAL PROVISIONS

These General Terms and Conditions of Sale, as well as any additional terms or rules complementing them, constitute the entire Agreement between BOUEE LICORNE and the User and supersede all agreements concerning access to and use of the Platform.

These Terms do not confer and are not intended to confer rights or remedies upon any person other than the parties.

If any clause of these Conditions is declared invalid, null, or unenforceable, said clause will be cancelled without its cancellation affecting the validity and applicability of the remaining clauses, which will be considered severable.

The fact that the Company does not require compliance with a right recognized by these Terms or a clause of these Terms shall not constitute a waiver of that right or clause, unless the latter expressly acknowledges and accepts it in writing.

The exercise by either party of any remedy available to it under these Terms shall be without prejudice to other remedies available to it under these terms or by law.

ANNEX

Annex 1