General Terms and Conditions of Sale

 

 

Preamble

These general terms and conditions of sale apply to all sales made on the Obsenza website.

The website https://www.obsenza.com is a service provided by:

• The company SAS
• Located at 9 rue des Colonnes, 75002 Paris, France
• Website URL: https://www.obsenza.com
• Email: [email protected]
• Phone number: __________

The Obsenza website sells the following new products: sex toys, lingerie, wellness products.

The customer declares that they have read and accepted the general terms and conditions of sale prior to placing their order. Therefore, the validation of the order constitutes acceptance of the general terms and conditions of sale.

 

Article 1 - Principles

These general terms and conditions express the entire obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general terms and conditions of sale apply exclusively to these conditions, and in particular, those applicable to sales in-store or through other distribution and marketing channels.

They are accessible on the Obsenza website and will prevail, where applicable, over any other version or contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify these terms and conditions. They will apply as soon as they are published online.

If any sales condition is missing, it will be considered governed by the current practices in the distance selling sector for companies headquartered in France.

These general terms and conditions of sale are valid until __________.

 

Article 2 - Content

These general conditions aim to define the rights and obligations of the parties in the online sale of goods offered by the seller to the buyer through the Obsenza website.

These terms apply only to purchases made on the Obsenza website and delivered exclusively in mainland France or Corsica. For deliveries to DOM-TOM or abroad, an email should be sent to: [email protected].

These purchases concern the following products: sex toys, lingerie, wellness products.

 

Article 3 - Pre-contractual Information

The buyer acknowledges having received, prior to placing the order and concluding the contract, in a clear and comprehensible manner, the present general terms and conditions of sale and all information listed in article L. 221-5 of the French Consumer Code.

The following information is provided to the buyer in a clear and comprehensible manner:

• The essential characteristics of the product;
• The price of the product and/or the method of price calculation;
• If applicable, any additional transport, delivery, postage, or other potential charges;
• In the absence of immediate contract execution, the date or time frame within which the seller agrees to deliver the product, regardless of its price;
• Information regarding the seller's identity, postal, phone, and email contact details, and activities, as well as details on legal warranties, the functionalities of digital content and, if applicable, its interoperability, existence and terms of warranties and other contractual conditions.

Article 4 - The Order

The buyer may place their order online, through the online catalog and the provided form, for any product, subject to stock availability.

The buyer will be informed of any product or good unavailability.

For the order to be validated, the buyer must accept, by clicking in the indicated place, these general terms and conditions. The buyer must also select the delivery address and method, and finally, validate the payment method.

The sale will be considered final:

• After the seller sends the buyer a confirmation of the order acceptance via email;
• And after the seller receives full payment of the price.

Any order constitutes acceptance of the prices and the description of the products available for sale. Any dispute on this point will fall within the scope of any exchange and the warranties mentioned below.

In some cases, such as payment failure, incorrect address, or other issues with the buyer's account, the seller reserves the right to block the buyer's order until the issue is resolved.

For any questions regarding order tracking, the buyer can call the following number: __________ (local call charges), on the following days and times: Monday to Friday, 9:00 AM to 6:00 PM, or email the seller at: [email protected].

 

Article 5 - Electronic Signature

Providing the buyer's credit card number online and the final confirmation of the order will serve as proof of the buyer's agreement:

• Due payment of amounts owed under the order;
• Signature and express acceptance of all operations carried out.

In the event of fraudulent use of the credit card, the buyer is advised to contact the seller immediately at the following phone number: __________.

 

Article 6 - Order Confirmation

The seller provides the buyer with an order confirmation via email.

 

Article 7 - Proof of Transaction

The computerized records, stored in the seller's systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is done on a reliable and durable medium, which can be produced as proof.

 

Article 8 - Product Information

The products governed by these general conditions are those listed on the seller’s website and identified as sold by the seller. They are offered subject to stock availability.

Products are described and presented with the utmost accuracy. However, if errors or omissions occur regarding this presentation, the seller's liability cannot be held.

Product photographs are non-contractual.

 

Article 9 - Price

The seller reserves the right to change their prices at any time but agrees to apply the rates in effect at the time of the order, subject to availability on that date.

Prices are quoted in euros. They do not include delivery fees, which are charged in addition and stated before order validation. Prices include the applicable VAT at the time of the order, and any change in the VAT rate will automatically affect the product prices in the online store.

If one or more taxes or contributions, particularly environmental, are created or modified, either upward or downward, this change may be reflected in the selling price of the products.

 

Article 10 - Payment Methods

This is a binding order, meaning that placing the order requires payment from the buyer.

To pay for their order, the buyer has the choice of all the payment methods available by the seller, listed on the seller’s website. The buyer guarantees the seller that they have any necessary authorizations to use the chosen payment method at the time of order validation. The seller reserves the right to suspend order management and delivery in case of a refused payment authorization by accredited organizations or in case of non-payment. The seller also reserves the right to refuse to complete a delivery or honor an order from a buyer who has not fully or partially paid for a previous order or is involved in an ongoing payment dispute.

Payment for the order is due in full on the day of the order, by the following methods:

• Credit card
• PayPal
• Bank transfer
• Apple Pay / Google Pay
• Alma

 Article 11 - Product Availability - Refund - Resolution

Unless in cases of force majeure or during periods when the online store is closed (which will be clearly announced on the homepage of the website), shipping times will be, subject to product availability, as indicated below. The shipping times begin from the date of order registration, as stated in the order confirmation email.

For deliveries in mainland France and Corsica, the delivery time is 3 days from the day after the buyer places the order, according to the following method: by Colissimo. At the latest, the delivery time will be 30 working days after the contract is concluded.

For deliveries to DOM-TOM or other countries, the delivery method will be specified to the buyer on a case-by-case basis.

In the event of a failure to meet the agreed delivery date or deadline, the buyer must, before terminating the contract, ask the seller to fulfill it within a reasonable additional period.

If the contract is not performed within this new deadline, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by written notice on another durable medium.

The contract will be considered resolved upon receipt by the seller of the letter or notice informing them of this resolution, unless the seller has executed the contract in the meantime.

However, the buyer may immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for them.

In this case, when the contract is resolved, the seller is obligated to refund the buyer the full amount paid, no later than 14 days from the date the contract was canceled.

If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer can then choose either a refund of the amounts paid within 14 days at the latest, or an exchange of the product.

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Article 12 - Delivery Terms

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered to the buyer by the seller's supplier according to the terms and times specified above.

The products are delivered to the address provided by the buyer on the order form, so the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be resent at the buyer's expense. The buyer may, upon request, receive an invoice sent to the billing address rather than the delivery address, by selecting the corresponding option on the order form.

If the buyer is absent on the delivery day, the delivery person will leave a notice in the mailbox, which will allow the package to be picked up at the location and within the specified time.

If, at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was opened or damaged).

The buyer must indicate on the delivery slip and in writing, along with their signature, any issues regarding the delivery (damage, missing products as per the delivery slip, damaged packages, broken items...).

This check is considered complete when the buyer, or a person authorized by them, has signed the delivery slip.

The buyer must then confirm these reservations by registered mail to the carrier within two working days of receiving the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the site's legal notice.

If the products need to be returned to the seller, they must be requested for return within 14 days of delivery. Any claim made after this period will not be accepted. The product return will only be accepted if the product is in its original condition (packaging, accessories, instructions...).

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Article 13 - Delivery Errors

The buyer must file any complaint about delivery errors and/or non-conformity of products in nature or quality with the order form's specifications, on the same day of delivery or no later than the first working day following delivery. Any complaint filed after this period will be rejected.

The complaint can be made, at the buyer's discretion:

• By phone at the following number: __________;
• By email at the following address: [email protected].

Any complaint not made in accordance with the procedures outlined above and within the specified time limits will not be taken into account and will release the seller from any responsibility to the buyer.

Upon receiving the complaint, the seller will assign an exchange number for the concerned product(s) and communicate it to the buyer by email. An exchange of a product can only take place after the exchange number has been assigned.

In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging via Colissimo Recommended, to the following address: International Dreamlove S.A. - C. Abastos, 13, 41410 Carmona, Sevilla, Spain.

Return shipping costs are borne by the seller.

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Article 14 - Product Warranty

14-1 Legal Conformity Warranty

The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal conformity warranty as provided in Articles L. 217-3 and following of the Consumer Code.

In the event of a legal conformity warranty claim, it is reminded that:

• The buyer has a period of 2 years from the delivery of the goods to take action;
• The buyer can choose between repairing or replacing the goods, subject to the cost conditions set by Article L. 217-17 of the Consumer Code;
• The buyer is not required to provide proof of the goods' non-conformity within 24 months if the goods are new (12 months for second-hand goods), following the delivery of the goods.

14-2 Legal Warranty Against Hidden Defects

Under Articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the sold goods. The buyer must prove that the defects existed at the time of the sale and are of such a nature as to render the goods unfit for their intended use. This warranty must be implemented within two years from the discovery of the defect.

The buyer can choose between terminating the sale or a reduction in price according to Article 1644 of the Civil Code.

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Article 15 - Right of Withdrawal

Application of the Right of Withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not meet their satisfaction and request an exchange or refund without penalty, except for return shipping costs, which are borne by the buyer.

Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing for their resale in new condition, along with the purchase invoice.

Damaged, dirty, or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately sent to the buyer. Any other form of withdrawal declaration is accepted. It must be unequivocal and express the intention to withdraw.

In case of exercise of the right of withdrawal within the above-mentioned period, the price of the purchased product(s) and the shipping fees will be refunded.

Return shipping costs are borne by the buyer.

Exchange (subject to availability) or refund will be made within 30 days, and at the latest, within 14 days from the receipt of the returned products by the seller under the conditions set out above.

Exceptions

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

• For the supply of goods whose price depends on fluctuations in the financial market beyond the seller’s control and that may occur during the withdrawal period;
• For the supply of goods made according to the consumer's specifications or clearly personalized;
• For the supply of goods that are likely to deteriorate or expire rapidly;
• For the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for hygiene or health protection reasons;
• For the supply of goods that, after delivery, are inseparably mixed with other items due to their nature;
• For the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value is agreed at the time of the contract conclusion depends on market fluctuations beyond the seller's control;
• For urgent maintenance or repair work carried out at the consumer's home at their express request, limited to necessary spare parts and repairs to address the emergency;
• For the supply of audio or video recordings or software when they have been unsealed by the consumer after delivery;
• For the supply of a newspaper, periodical, or magazine, except for subscription contracts to such publications;
• For the supply of digital content not provided on a physical medium, where performance has begun after the consumer's prior express agreement and express waiver of their right of withdrawal.

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Article 16 - Force Majeure

Any circumstance beyond the control of the parties preventing the normal performance of their obligations is considered a cause for exemption from the obligations of the parties and leads to their suspension.

The party invoking the above circumstances must immediately notify the other party of their occurrence, as well as their cessation.

Circumstances considered force majeure or fortuitous events, in addition to those typically recognized by French case law, include: transport or supply chain blockages, earthquakes, fires, storms, floods, lightning, telecommunication network outages, or telecommunication network difficulties beyond the customer's control.

The parties will consult to assess the impact of the event and agree on the conditions under which the contract will be continued. If the force majeure event lasts longer than three months, these terms and conditions may be terminated by the affected party.

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Article 17 - Intellectual Property

The content of the website remains the property of the seller, who is the sole holder of intellectual property rights on this content.

Buyers agree not to use this content; any reproduction, in whole or in part, is strictly prohibited and may constitute an infringement.

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Article 18 - Data Protection

The personal data provided by the buyer is necessary for processing their order and issuing invoices.

It may be shared with the seller's partners involved in the execution, processing, management, and payment of orders.

The buyer has the right to access, modify, rectify, and oppose the use of their personal information as defined on the Obsenza website.

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Article 19 - Partial Invalidity

If one or more provisions of these general terms and conditions are deemed invalid or declared as such pursuant to a law, regulation, or final decision by a competent court, the remaining provisions will remain in full force and effect.

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Article 20 - Non-Waiver

If one party fails to invoke a breach by the other party of any obligation under these terms and conditions, it cannot be interpreted as a waiver of that obligation in the future.

 

Article 21 - Title

In case of an interpretation difficulty between any of the titles at the head of the clauses and any of the clauses themselves, the titles will be deemed nonexistent.

Article 22 - Language of the Contract

These general terms and conditions of sale are written in French. If they are translated into one or more foreign languages, only the French text will prevail in case of a dispute.

Article 23 - Mediation and Dispute Resolution

The buyer may resort to conventional mediation, particularly through the Commission for Consumer Mediation or existing sector-specific mediation bodies, or any other alternative dispute resolution method (such as conciliation) in case of a dispute. The names, contact details, and email address of the mediator are available on our website.

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

Article 24 - Applicable Law

These general terms and conditions are subject to French law. The competent court is the judicial court.

This applies to both substantive and formal rules. In case of a dispute or complaint, the buyer will first address the seller to obtain an amicable solution.

 

Article 25 - Protection of Personal Data

Collected Data

The personal data collected on this site are as follows:

• Account creation: When creating an account, the user’s name, surname, email address, phone number, and postal address are collected.
• Connection: When the user connects to the website, their name, surname, connection data, usage data, location data, and payment data are recorded.
• Profile: Using the services on the website allows users to create a profile that may include an address and phone number.
• Payment: In the context of paying for products and services on the website, financial data related to the user’s bank account or credit card are recorded.
• Communication: When the website is used to communicate with other members, data about the user’s communications are temporarily stored.
• Cookies: Cookies are used as part of the site’s functionality. The user can disable cookies via their browser settings.

 

Use of Personal Data

The personal data collected from users are used to provide the website’s services, improve them, and maintain a secure environment. Specifically, they are used for:

• Accessing and using the website by the user.
• Managing and optimizing the website’s operation.
• Organizing payment service usage conditions.
• Verifying, identifying, and authenticating data transmitted by the user.
• Offering users the possibility to communicate with other users of the website.
• Providing user assistance.
• Personalizing services by displaying ads based on the user's browsing history and preferences.
• Preventing and detecting frauds, malwares, and handling security incidents.
• Managing potential disputes with users.
• Sending commercial and advertising information, based on the user’s preferences.

Sharing of Personal Data with Third Parties

Personal data may be shared with third-party companies in the following cases:

• When the user uses payment services, the website works with third-party banking and financial companies with which it has contracts to implement these services.
• When the user posts information accessible to the public in the website’s comment sections.
• When the user authorizes a third-party website to access their data.
• When the website uses third-party providers for user assistance, advertising, and payment services. These providers have limited access to user data, only for executing these services, and are contractually bound to use the data in compliance with applicable data protection laws.
• If required by law, the website may transmit data to address claims made against the website and comply with administrative and judicial procedures.
• If the website is involved in a merger, acquisition, asset sale, or bankruptcy proceedings, it may transfer or share some or all of its assets, including personal data. Users would be informed before their personal data is transferred to a third party

Security and Confidentiality

The website implements organizational, technical, software, and physical security measures to protect personal data from alterations, destruction, and unauthorized access. However, it should be noted that the internet is not a fully secure environment, and the website cannot guarantee the security of the transmission or storage of information on the internet

 

Exercise of Users' Rights

Under applicable personal data protection regulations, users have the following rights, which they can exercise by submitting a request to the following email address: [email protected].

• Right of Access: Users can exercise their right of access to know the personal data concerning them. Before this right is exercised, the website may request proof of the user's identity to verify its accuracy.
• Right to Rectification: If personal data held by the website is inaccurate, users can request the updating of the information.
• Right to Deletion of Data: Users can request the deletion of their personal data in accordance with applicable data protection laws.
• Right to Limit Processing: Users can request that the website limit the processing of their personal data under conditions outlined by the GDPR.
• Right to Object to Data Processing: Users can object to the processing of their data under conditions provided by the GDPR.
• Right to Portability: Users can request that the website provide their personal data for transmission to a new website.

 

Changes to this Clause

The website reserves the right to make any changes to this clause regarding the protection of personal data at any time. If any changes are made to this clause, the website agrees to publish the new version on its site. The website will also notify users of the modification by email, at least 15 days before the effective date. If the user does not agree with the new wording of the personal data protection clause, they have the option to delete their account.

 

 

 

Annex : 

 

Withdrawal Form

(To be completed by the consumer,

 and sent by registered letter with acknowledgment of receipt,

 within a maximum period of 14 days following the date of conclusion of the service contract)

 

 

 

 

 

Annex :

 

Consumer Code

Article L. 217-4: "The seller delivers a product that is in conformity with the contract and is responsible for any defects in conformity that exist at the time of delivery.
The seller is also responsible for any conformity defects resulting from packaging, assembly instructions, or installation when the seller is responsible for the installation as per the contract or if the installation was performed under their responsibility."

Article L. 217-5: "The product is in conformity with the contract:
1° If it is fit for the usual purpose expected from a similar product and, if applicable:

• If it matches the description given by the seller and has the qualities that the seller presented to the buyer through a sample or model;
• If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the manufacturer, or their representative, particularly in advertisements or labeling;
  2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for a specific purpose sought by the buyer, made known to the seller, and accepted by them."

Article L. 217-6: "The seller is not bound by the public statements made by the manufacturer or their representative if it is proven that the seller was unaware of them and could not have reasonably been expected to know them."

Article L. 217-7: "Conformity defects that appear within a period of twenty-four months from the delivery of the product are presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is six months. The seller can challenge this presumption if it is incompatible with the nature of the goods or the alleged conformity defect."

Article L. 217-8: "The buyer is entitled to demand that the product conforms to the contract. However, they cannot contest conformity by invoking a defect they were aware of or could not have been unaware of when the contract was made. The same applies when the defect originates from materials provided by the buyer themselves."

Article L. 217-9: "In the case of a conformity defect, the buyer may choose between repair or replacement of the product. However, the seller is not required to proceed with the buyer's choice if that choice involves a cost that is clearly disproportionate compared to the other option, given the value of the product or the significance of the defect. In that case, the seller must proceed with the other option, unless impossible."

Article L. 217-10: "If repair or replacement of the product is impossible, the buyer may return the product and get a refund, or keep the product and receive a partial refund. The buyer also has this option:
1° If the requested, proposed, or agreed solution under Article L. 217-9 cannot be implemented within one month of the buyer's claim;
2° Or if this solution cannot be implemented without major inconvenience to the buyer, considering the nature of the product and the intended use. However, the sale cannot be canceled if the conformity defect is minor."

Article L. 217-11: "The application of Articles L. 217-9 and L. 217-10 occurs without any cost to the buyer. These provisions do not prevent the allocation of damages."

Article L. 217-12: "The action resulting from a conformity defect is prescribed by two years from the delivery of the product."

Article L. 217-13: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from hidden defects, as stipulated in Articles 1641 to 1649 of the Civil Code, or any other contractual or extracontractual action available to them under the law."

Article L. 217-14: "Recourse actions can be exercised by the final seller against the previous sellers or intermediaries and the producer of the movable goods, according to the principles of the Civil Code."

Article L. 217-15: "The commercial guarantee refers to any contractual commitment by a professional to the consumer for the reimbursement of the purchase price, replacement, or repair of the product or provision of any other service related to the product, in addition to its legal obligations to guarantee the product's conformity.
The commercial guarantee is documented in a written contract, a copy of which is provided to the buyer.
The contract specifies the contents of the guarantee, the conditions for its implementation, its price, its duration, its territorial scope, and the name and address of the guarantor.
Furthermore, it clearly mentions that, in addition to the commercial guarantee, the seller remains subject to the legal guarantee of conformity referred to in Articles L. 217-4 to L. 217-12 and the one related to defects in the sold item, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, are fully reproduced in the contract.
In case of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to invoke it."

Article L. 217-16: "When the buyer requests the seller, during the term of the commercial guarantee granted at the time of purchase or repair of a movable product, to restore the product covered by the guarantee, any period of immobilization lasting at least seven days is added to the remaining duration of the guarantee.
This period begins from the buyer's request for intervention or from the product being made available for repair, if the product is made available after the request for intervention."

 

Civil Code

Article 1641: "The seller is liable for hidden defects in the sold item that make it unsuitable for its intended use, or that so significantly reduce its use that the buyer would not have purchased it, or would have paid a lower price, had they known of the defects."

Article 1648: "The action arising from hidden defects must be brought by the buyer within two years from the discovery of the defect. In the case provided by Article 1642-1, the action must be initiated, under penalty of forfeiture, within one year following the date on which the seller can be relieved of the visible defects or conformity issues."