General Terms and Conditions of Sale and Use (GTC/GTC)
The company APHRODIZLOVE, APHRODIZLOVE, with a capital of euros, whose registered office is in ORLY (94310) 7 RUE JEAN PROUVE, registered in the Trade and Companies Register of ORLY under the number 53 039 639 900 020 represented by Mrs Corinne LAMA (hereinafter the "Company"). The Company markets, to its Customers via its Website, the following products: Lingerie & Adult.
The contact details of the mediator are:
The Company invites Users to read carefully these General Terms and Conditions of Sale and Use (hereinafter the "GTC/GTC"). The placing of an Order implies the acceptance of the GTC / GTC. The characteristics of the Products are indicated on the Website. It is up to the Customer to take this into account before his purchase. The photographs or graphics presented on the Website are not contractual. The Customer acknowledges having read them and having accepted them by ticking the box provided for this before placing his Online Order. The GTC/GTC govern the conditions under which the Company sells its Products to its Professional Customers and Consumers via its Website. They apply to all sales concluded by the Company and are binding on any contradictory document, in particular the customer's general conditions of purchase. They are systematically communicated to the Customer who requests them. In the event of a subsequent modification of the GTC/GTC, the Customer is subject to the version in force at the time of his Order.
"Customer" means the Professional or Consumer who has placed an Order for a Product sold on the Website;
"Order" means any order placed by the User registered on this Site;
"General Conditions of Sale and Use" or "GTC/ GTC" means these general conditions of use and online sale;
"Consumer" means the buyer natural person who does not act for professional needs and / or outside his professional activity;
"Products" means the material things that can be appropriated and that are offered for sale on this Site;
"Professional" means the buyer a legal or natural person who acts in the context of his professional activity;
"Site" means this Site, that is to direhttps://www.aphrodizlove.fr;
"Company" means the Aphrodizlove Company, more fully referred to in Article I here; and
"User" means any person who makes use of the Site.
Registration on the Site is open to all legal or natural persons of full age and enjoying their full personalities and legal capacities.
The use of the Site is conditional on the registration of a User. Registration is free.
To proceed with the registration, the User must fill in all the mandatory fields; otherwise the registration cannot be completed.
Users guarantee and declare on their honour that all the information communicated on the Site, in particular during their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to them and available in their account.
All registered User has a username and password. The latter are strictly personal and confidential and must in no case be the subject of a communication to third parties under penalty of deletion of the account of the offending registered User. Each registered User is personally responsible for maintaining the confidentiality of his username and password. The Company will in no way be held responsible for the impersonation of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible, so that the latter can take the necessary measures and regularize the situation.
Each User, whether a legal or natural person, may only hold one account on the Site.
In the event of non-compliance with the GTC/GTC, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed to the temporary or permanent deletion of all accounts created by the offending User.
The deletion of the account entails the permanent loss of all benefits and services acquired on the Site. However, any Order made and invoiced by the Site before the deletion of the account will be executed under normal conditions.
In the event of deletion of an account by the Company for breach of the duties and obligations set out in the GTC/GTC, it is strictly forbidden for the offending User to re-register on the Site directly, through another email address or through an intermediary without the express authorization of the Company.
Any Order can only be made when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual cart. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and place his Order by pressing the "Order" button.
He must provide an address, a delivery method and a valid method of payment in order to finalize the Order and effectively form the sales contract between him and the Company. The finalization of the Order implies the acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as the relevant information relating to the delivery. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.
The Company may allow the Customer to benefit from price reductions, discounts and rebates according to the number of Products available on the Site ordered or according to the regularity of the Orders, according to the conditions set by the Company.
6. Products and prices
The Products subject to the GTC / GTC are those that appear on the Site and that are sold and shipped directly by the Company.
The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limits of the Company's available stocks. The latter can not be held responsible for out of stock or the impossibility of selling a Product whose stock is non-existent.
When a registered User wishes to acquire a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (including vat), excluding shipping costs and takes into account the applicable discounts and in force on the day of the Order. The price indicated does not include the delivery costs which will be detailed if necessary in the summary before placing the Order. If the total cost of the Products is not calculable in advance, the Company will send the Customer a detailed quote setting out the formula for calculating the price.
Under no circumstances may a User demand the application of discounts that are no longer in force on the day of the Order.
7. Payment terms
Unless otherwise specified, all sales are paid in cash at the time of placing the Order.
Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when placing the Order or upon receipt of the invoice.
Payment can be made by:
*Credit card via secure connection
In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Professional Client must pay the Company a late payment penalty, the rate of which is equal to the rate charged by the European Central Bank for its refinancing operation plus 10 percentage points. The financing operation chosen is the most recent on the date of the Order of the services.
In addition to late payment compensation, any sum, including the deposit, not paid on its due date by the Professional Client will automatically produce the payment of a lump sum compensation of 40 euros due as recovery costs.
In the event of total or partial non-payment of the Products on the date agreed on the invoice, the Consumer Customer must pay the Company a late payment penalty, the rate of which is equal to the legal interest rate.
No compensation may be made by the Customer between penalties for delay in the supply of the Products ordered and sums due by the Customer to the Company in respect of the purchase of Products offered on the Site.
The penalty due by the Customer, Professional or Consumer, is calculated on the amount including VAT of the remaining amount due, and runs from the due date of the price without any prior notice being necessary.
The Products are delivered exclusively in the following geographical areas:
The Company undertakes to make every material and human effort to have the Products delivered as soon as possible. These may vary depending on the geographical area of the Customer, the delivery method chosen or the Product ordered.
In case of exceeding the delivery deadline of 10 days, except in case of force majeure, the Customer may request the termination of the contract by registered letter with acknowledgment of receipt, after having ordered the Company, according to the same terms, to make the delivery within a reasonable additional time, and if the Company has not executed.
In this case, the Customer will be refunded within 30 days if a payment has already been made.
In the event that delivery is impossible, due to an error on the address indicated by the Customer, the Company will contact the Customer as soon as possible in order to obtain a new delivery address and any additional delivery costs will be borne by the Customer.
In addition, the Company cannot be held liable for reasons related to exceeding delivery times:
*in periods of high demand, such as holiday periods,
*for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,
*for acts attributable exclusively to the carrier in charge of the delivery.
The delivery is made, according to the customer's choice and according to the prices indicated on the Site: *to the address indicated by the customer when ordering by simple post.
*at one of our partner points as indicated on the Site. For the withdrawal of the Products, a valid identity document will be required. Otherwise, the Products ordered may not be handed over to the Customer.
For all Orders made on this Site, the Customer has a right of claim of 7 Days from delivery of the Product. It is his responsibility to check the apparent condition of the Products at the time of delivery. In the absence of reservations expressly expressed at the time of delivery, the Products are deemed to comply with the Order.
To exercise this right of complaint, the Customer must send to the Company, at the address firstname.lastname@example.org, a statement in which he expresses his reservations and complaints, accompanied by the related supporting documents (receipt slip countersigned by the carrier, photographs ...)
A claim that does not comply with the conditions described above cannot be accepted.
In addition, any item that would be in contact with the private parts are not refunded (Fine and Specialized Lingerie, Sexual Accessories). We will study the possibility of accepting or not accepting returns.
The Company will repair, replace or refund the Product or its components as soon as possible and at its expense, subject to the material possibility of repairing the Product or its availability in stock.
10. Consumer's right of withdrawal
At Aphrodiz Love, we want you to be satisfied every time you buy from us.
However, you may wish to return items to us, as the law allows you to exercise a right of withdrawal within 7 days following the purchase of most of them.
In accordance with the law, consumers in the European Union have a period of 7 days from receipt of the article to exercise their right of withdrawal.
This right applies to all products we sell. Once the provision of their content has begun, if you have agreed to your content being provided to you and you could not exercise your right of withdrawal to us once the provision of the content has begun.
However, these rights do not apply to Aphrodiz Love because we are specialized in Dropshipping and can waive to exercise it.
11. Transfer of risk and ownership
The Company retains a right of ownership over the Products sold until full payment of the price by the Customer. It can therefore take back possession of the said Products in the event of non-payment. In this case, the instalments paid will remain vested in the Company as compensation.
For Professional Clients, the transfer of risks to the Client takes place as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risks takes place upon delivery or when removing the goods from the store when the Customer has chosen a delivery in store.
12. Legal guarantees
The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:
Article L.217-4 of the Consumer Code:
"The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility. "
Article L.217-5 of the Consumer Code:
"The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
*if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
*if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted"
Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them."
Any Product resold altered, modified or processed is not covered by the warranty.
This is limited to the replacement or refund of non-compliant products or products affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.
The Client must inform the Company of the existence of the defects within two years. The Company will have the Products deemed defective rectified to the extent possible. If the Company's liability is retained, the warranty is limited to the amount excluding vat paid by the Consumer for the supply of the Products.
The replacement of the Products does not have the effect of extending the duration of the warranty.
The Company reserves the right to modify the Site, the GTC/ GTC as well as any delivery procedure or other constituent element of the services performed by the Company through this Site.
When an Order is placed, the User is subject to the stipulations set out in the GTC / T&Cs in force when placing the Order.
14. Processing of personal data
Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his data, he is asked to refrain from using the Site.
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.
In addition, in accordance with the Data Protection Act of 6 January 1978, the Customer has, at any time, a right of interrogation, access, rectification, modification and opposition to all of his personal data by writing, by mail and proving his identity, to the following address: email@example.com
These personal data are necessary for the processing of his Order and the establishment of his invoices if necessary, as well as for the improvement of the functionalities of the Site.
15. Sharing of collected data
The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his data to allow the proper functioning of the Site.
These third-party companies only have access to the data collected in the context of the performance of a specific task.
The Site remains responsible for the processing of this data.
In addition, the User may therefore be required to receive information or commercial offers from the Company or its partners.
The User may at any time oppose the receipt of these commercial offers, by writing to the address of the Company indicated above, or by clicking on the link provided for this purpose within the emails received.
In addition, Customers' information may be transmitted to third parties without their prior express consent in order to achieve the following purposes:
*comply with the law
*protect anyone from serious bodily harm or even death
*fight against fraud or harm to the Company or its users
*protect the property rights of the Company.
16. Data protection
The Company ensures an appropriate level of security proportionate to the risks incurred and their likelihood, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.
However, these measures do not in any way constitute a guarantee and do not commit the Company to an obligation of result regarding data security.
To allow its Users to benefit from optimal navigation on the Site and a better functioning of the various interfaces and applications, the Company is likely to install a cookie on the User's computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorizes the Company to deposit on the user's hard drive a file called "cookie".
The User has the possibility to block, modify the storage period, or delete this cookie via the interface of his browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or functionalities of the Site, this malfunction can in no way constitute damage to the member who will not be able to claim any compensation for this fact.
The Company can in no way be held responsible for the unavailability, whether temporary or permanent, of the Website and although it implements all its means to ensure the service permanently, it may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.
As mentioned above herein, the Company shall in no event be liable for delays in delivery for reasons beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.
19. Intellectual property
The trademark, logo, and graphic charter of this Site are trademarks registered with the INPI and works of the mind protected under copyright, the ownership of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.
20. Jurisdiction clause
The law governing the GTC/T&C is French law.
Any dispute that may arise between the Company and a User during the execution of these terms and purposes will be the subject of an attempt to resolve it amicably. Otherwise, disputes will be brought to the attention of the competent courts of ordinary law.
21. Acceptance of the GTC/T&Cs
The Customer or User expressly accepts the GTC/GTC.
The Customer declares to be aware of it and renounces to avail himself of any other document, in particular his own general conditions of purchase.
The Consumer acknowledges having been aware of the information and information provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
*the essential characteristics of the Product;
*the price of the Products;
*the date or time period on which the Company undertakes to provide the Service;
*information relating to the identity of the Company (postal, telephone, electronic contact details);
*information on legal and contractual guarantees and how they are to be implemented;
*the possibility of resorting to conventional mediation in the event of a dispute;
*information relating to the right of withdrawal (deadline, methods of exercise).