Terms of Sales
Preamble
The adoptemaculotte.com website is operated by Connection SAS. On this site, the terms “the Seller”, “we”, “us” and “our” refer to Connection SAS. Consumers and non-professional buyers are referred to as “the Customer”, “the Customers”, the items are referred to as “the Product” or “the Products”.
Connection SAS offers this website, including all information, tools and services available from this site to you, the Client, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing one of our Products, you agree to be bound by the following terms ("General Conditions of Sale", "General Conditions of Sale and Use", "Conditions"), including the additional terms, conditions and policies referred to herein. These General Conditions of Sale and Use apply to all users of this site.
These General Conditions of Sale (“the General Conditions of Sale”) determine the rights and obligations of the parties in the context of the online sale of Products offered on the adoptemaculotte.com site.
Any Order placed on the adoptemaculotte.com website assumes prior and unrestricted acceptance of these General Conditions of Sale. These General Terms and Conditions therefore form an integral part of the Contract between the Client and Connection SAS. They are fully binding on the Customer who declares having read them and accepted them by checking the box provided for this purpose, without restriction or reservation, before placing the Order.
These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Conditions of Sale are accessible at any time on adoptemaculotte.com and will prevail, where applicable, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
Article 1 - Scope
The Products offered for sale on the adoptemaculotte.com website are as follows: menstrual panties of different sizes and different ranges.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the adoptemaculotte.com website.
The Customer is required to read it before placing any order.
The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs and graphics presented on the adoptemaculotte.com site are not contractual and cannot engage the responsibility of the Seller.
The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.
Product offers are within the limits of available stocks, as specified when placing the order.
The Seller's contact details are as follows:
Connection SAS
261, rue de Paris
93100 Montreuil
Article 2 – Orders
Product offers are valid as long as they are visible on the site, while stocks last.
It is up to the Customer to select the Products he wishes to order on the adoptemaculotte.com site, according to the following methods: read the Product sheets, select the product, define the desired quantity, put the product in the basket, indicate his contact details then confirm the order by validating the General Terms and Conditions (the contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer), pay for the order.
The basket confirmation provides a summary of the Products selected by the Customer, the corresponding prices, terms and delivery costs. It is then up to the Customer to check and possibly correct the contents of their basket, to read the General Terms and Conditions carefully before validating the entire Order.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Conditions of Sale and constitutes proof of the sales contract.
The sale will only be considered final after confirmation of acceptance of the order by the Seller has been sent to the Customer by email, and after receipt by the latter of the entire price.
Any order placed on the adoptemaculotte.com site constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of their order on the adoptemaculotte.com website.
Article 3 - Product specifications and availability
3.1 - Product Specifications
Although adoptemaculotte.com ensures that the Product Specifications are accurate, said Specifications are given by the Store's suppliers. Consequently, adoptemaculotte.com declines all responsibility for any errors that may be contained in the Specifications indicated.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value.
3.2 - Availability of Products
Product offers are valid while stocks last from our suppliers. This availability of Products is normally indicated on the specific Product page.
Placing a Product in the basket does not absolutely guarantee the availability of the Product.
In the event that a Product becomes unavailable after validation of the Order by the Customer, adoptemaculotte.com will inform the Customer by email. The Order will be automatically canceled and adoptemaculotte.com will reimburse the price of the Product initially ordered, as well as any sum paid under the Order.
However, if the Order contains other Products than those that have become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 - Prices
The Products are supplied at the current prices appearing on the adoptemaculotte.com website, when the order is registered by the Seller. Prices are expressed in Euros, excluding tax and including tax.
Delivery costs are free in mainland France from 69 euros of purchase.
The delivery costs for an order worth less than 69 euros are 2.99 euros.
The prices take into account any reductions that may be granted by the Seller on the adoptemaculotte.com website.
These prices are firm and cannot be revised during their period of validity, as indicated on adoptemaculotte.com, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the adoptemaculotte.com site and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
Possible specific orders from the Customer may be considered. If necessary, they will be the subject of a quote previously accepted by the latter. The quotes established by the Seller are valid for a period of one month, from their date of establishment.
An invoice is established by the Seller and given to the Customer upon receipt of payment.
Article 5 - Payment conditions
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment method, according to the following terms:
- by bank cards: Visa, MasterCard, other credit cards
- by Paypal
Payment data is exchanged in encrypted mode using the SSL protocol.
Article 6 - Delivery and reception
6.1 - Delivery and deadlines
Before validation of the Order, adoptemaculotte.com communicates to the Customer information concerning the different delivery methods as well as their respective prices. Following the Customer's choice of delivery method, adoptemaculotte.com communicates an estimate of the delivery time.
The Products ordered by the Customer will be delivered in mainland France (and in the following countries: Belgium) within a shipping time indicated on the Product sheet to which is added the processing and delivery time to the address indicated by the Customer when ordering on the adoptemaculotte.com website.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to deliver the Products ordered by the Customer as quickly as possible.
However, these deadlines are communicated for informational purposes only.
Order processing times can vary between 2 to 4 days.
This period allows us to verify your order, check the quality of the products and their packaging.
You must then add the shipping time for your item which will generally arrive within 12 working days.
If the Products ordered have not been delivered within 30 working days after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the Customer's written request within the conditions provided for in articles L 216-2 L 216-3 L241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.
When the Customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier, as soon as he has delivered the Products sold to the carrier who accepted them without reservation.
The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a previously accepted estimate. in writing by the Customer.
6.2 - Reception
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
If an anomaly is noted, the Customer must immediately contact adoptemaculotte.com Customer Service at the address contact@adoptemaculotte.com .
Article 7 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the delivery date of said Products.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
Article 8 - Right of withdrawal
8.1 - Right of withdrawal
In accordance with the provisions of articles L.221-18 et seq. of the Consumer Code, the Customer has a withdrawal period of fourteen (14) calendar days from the date of receipt or withdrawal of the product(s). ) to exercise their legal right of withdrawal without giving reason and thus notify adoptemaculotte.com of their intention to return the item(s).
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to the address indicated by adoptemaculotte.com customer service to allow resale. In the event of receipt by the Seller of opened, used, incomplete, damaged or soiled Products, adoptemaculotte.com will not provide any reimbursement.
In the event of return of the Product under conditions provided for by law and these General Terms and Conditions, adoptemaculotte.com will reimburse delivery costs included, after receipt and verification of the condition of the returned Product.
If the items may be subject to the legal right of withdrawal, the Customer exercising his right of withdrawal (under the conditions provided for in this article in terms of deadlines and methods for returning the items), will be able to obtain a refund for the returned items.
When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.
8.2 - Exercise of the right of withdrawal and return terms
You must send us your clear declaration of withdrawal in electronic form, via our website. We will send you an acknowledgment of receipt of your declaration by email.
To respect the withdrawal deadline:
- You must send us your declaration of withdrawal before the expiry of the period of 14 calendar days (upon receipt of the product),
- The Products must not have been used, opened or damaged,
- The Products must be returned to the Seller intact and unused in their original packaging. If applicable, the packaging must retain the original seal.
The implementation of the right of withdrawal results in obliging the Customer to return the Products without delay, and at the latest within 14 calendar days from the exercise of their right.
In accordance with article L.221-23 of the Consumer Code, return costs are the responsibility of the Customer.
No cash on delivery will be accepted, whatever the reason.
The exchange (subject to availability) or refund will be made within 10 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
8.3 - Verification of returned items
Upon receipt of the package returned by the Customer, adoptemaculotte.com will inspect its contents and check the condition of the returned Products. It is only after this inspection that the reimbursement will be made (or not) by adoptemaculotte.com .
8.4 - Exception to the application of the right of withdrawal
In accordance with article L. 221-28 paragraph 5 of the Consumer Code, the legal right of withdrawal is excluded in the case of sealed Products which have been opened after their delivery or which cannot be returned for reasons of health or hygiene. In the event of a batch purchase, only intact Products will be accepted under the right of withdrawal.
8.5 - Exception to the application of the right of withdrawal
In the event of exercising the right of withdrawal, the reimbursement of the returned Products will be made using the same means of payment as that used by the Customer to pay for their Order, the reimbursement does not include the costs of returning the Products, which remain on client fee.
Article 9 - Responsibility of the Seller - Guarantee
The Products sold on the adoptemaculotte.com site comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:
- the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,
- under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
Please note that as part of the legal guarantee of conformity, the Customer:
- has a period of two years from delivery of the goods to take action against the Seller;
- can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the Product during the six months following delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of the commercial guarantee which may potentially cover the Product. The Customer may decide to implement the guarantee against hidden defects in the Product in accordance with article 1641 of the Civil Code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 15 days from the date of delivery of the Products or the existence of hidden defects within the deadlines. referred to above and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 31 days following the Seller's discovery of the lack of conformity or hidden defect.
Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The Seller cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
Article 10 - Information Technology and Freedoms
In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the preparation of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the adoptemaculotte.com site has been declared to the CNIL.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification and opposition with regard to information concerning him.
This right can be exercised under the conditions and according to the terms defined on the adoptemaculotte.com website.
Article 11 - Intellectual property
The content of the adoptemaculotte.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
In addition, the Seller remains the owner of all intellectual property rights over the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) with a view to providing the Services to the Client.
The Customer therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller who may condition it on financial compensation.
Article 12 - Forced execution in kind
In the event of failure by one or other of the Parties to fulfill its obligations, the Party victim of the failure has the right to request the forced performance in kind of the obligations arising herefrom. By way of derogation from the provisions of article 1221 of the Civil Code, the creditor of the obligation may continue this forced execution after a simple formal notice, addressed to the debtor of the obligation by registered letter with acknowledgment of receipt which remains unsuccessful, whatever the whatever the circumstances and even if there is a manifest disproportion between its cost for the debtor and its interest for the creditor.
It is recalled that in the event of failure by one or other of the Parties to fulfill its obligations, the Party victim of the failure may, in accordance with the provisions of article 1222 of the Civil Code, 10 days after sending 'a formal notice to perform has remained unsuccessful, have the obligation itself executed by a third party, at the expense of the defaulting Party, provided that the cost is reasonable and in accordance with market practices, without authorization judicial is necessary for this purpose, being that the Party victim of the default may also, at its option, request in court that the defaulting Party advance the sums necessary for this execution.
Article 13 - Exception of non-performance
It is recalled that in application of article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or to fundamentally upset its economic balance. The suspension of execution will take effect immediately, upon receipt by the defaulting Party of the notification of breach which will have been sent to it for this purpose by the Party victim of the default indicating the intention to apply the exception of non-performance as long as that the defaulting Party has not remedied the breach noted, served by registered letter with acknowledgment of receipt or on any other durable written medium providing proof of sending.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform the obligations incumbent on it when due and that the consequences of this non-performance are sufficiently serious for the Party victim of the failure.
This option is used at the risk of the Party taking the initiative.
The suspension of performance will take effect immediately, upon receipt by the presumed defaulting Party of the notification of the intention to apply the exception of preventive non-performance until the presumed defaulting Party performs the obligation for which a future breach is manifest, notified by registered letter with request for acknowledgment of receipt or on any other durable written medium allowing proof of sending.
If the impediment were definitive or continued beyond 30 days, these conditions would be purely and simply resolved according to the terms defined in the article Resolution for failure of a party to fulfill its obligations.
Article 14 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
The party noting the event must immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
The execution of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a duration of 30 days.
Consequently, as soon as the cause for the suspension of their reciprocal obligations disappears, the parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the prevented party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is permanent or exceeds a duration of 30 days, these will be purely and simply resolved according to the terms defined in the article “Resolution for force majeure”.
During this suspension, the parties agree that the costs generated by the situation will be the responsibility of the party prevented.
Article 15 - Termination of the contract
15.1 - Resolution for unforeseeability
The resolution for the impossibility of the execution of an obligation which has become excessively onerous cannot, notwithstanding the clause Resolution for failure of a party to fulfill its obligations appearing below, take place until 10 days after the sending of a notice in default declaring the intention to apply this clause notified by registered letter with acknowledgment of receipt or any extrajudicial act.
15.2 - Resolution for non-performance of a sufficiently serious obligation
The Party victim of the default may, notwithstanding the Resolution clause for failure of a party to fulfill its obligations appearing below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify by letter registered with acknowledgment of receipt to the Defaulting Party, the faulty resolution of these presents, 10 days after the sending of a formal notice to perform has remained unsuccessful, and this in application of the provisions of article 1224 of Civil Code.
15.3 - Resolution for force majeure
It is expressly agreed that the parties may terminate this contract as of right, without notice or formality.
15.4 - Resolution for failure of a party to fulfill its obligations
In the event of non-compliance by either party with the following obligations:
Non-payment on the due date for the services ordered by the Customer referred to in the articles of this contract may be resolved at the discretion of the injured party.
It is expressly understood that this resolution for failure of a party to fulfill its obligations will take place automatically, the formal notice resulting from the sole fact of the non-performance of the obligation, without summons or execution of formalities.
15.5 - Provisions common to resolution cases
It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of this agreement will be validly given notice by the sole payment of the obligation, in accordance with the provisions of article 1344 of the Civil Code.
The services exchanged between the Parties since the conclusion of the contract and until its resolution can only be useful through the complete execution of it, they will give rise to full restitution.
Article 16 - Applicable law - Language
These General Conditions of Sale and the operations resulting from them are governed and subject to French law.
These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Article 17 – Disputes
In the event of difficulties, we invite you to first consult our Customer Service at the following address contact@adoptemaculotte.com .
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been be resolved between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he can in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (Consom. C. art. L 612-1) or with existing sectoral mediation bodies , and whose references appear on the adoptemaculotte.com site or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
Article 18 - Pre-contractual information - Customer acceptance
The fact for a natural person (or legal entity) to order on the adoptemaculotte.com site implies full and complete adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
Appendix I - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The Seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the Seller and possess the qualities that the latter presented to the buyer in the form of a sample or model presented the qualities that a buyer can legitimately expect having regard to public declarations made by the Seller, by the producer or by his representative, in particular in advertising or labeling
Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests from the Seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.
Article 1648 paragraph 1 of the Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Appendix II - Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on “adoptemaculotte.com” unless there are exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
To the attention of :
Connection SAS
261, rue de Paris
93100 Montreuil
Command of “……”
Order number: ............................................. ..............
Client name : .............................................. .............................
Customer Address: .......................................... .........................
Signature of the Client (only in the event of notification of this form on paper)