Terms of Sales
Preamble
The adoptemaculotte.com website is operated by Connection SAS. On this site, the terms “the Seller”, “we”, “our” and “us” refer to Connection SAS. Consumers and non-professional buyers are referred to as “the Customer”, “Customers”, items are referred to as “the Product” or “Products”.
Connection SAS offers this website, including all information, tools and services available from this site to you, the Customer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or purchasing any of our Products, you agree to be bound by the following terms and conditions ("Terms and Conditions of Sale", "Terms and Conditions of Sale and Use", "Terms"), including those additional terms, conditions and policies referenced herein. These Terms and Conditions of Sale and Use apply to all users of this site.
These General Conditions of Sale (“the GTC”) determine the rights and obligations of the parties in the context of the online sale of Products offered on the adoptemaculotte.com website.
Any Order placed on the adoptemaculotte.com website implies prior and unconditional acceptance of these General Terms and Conditions of Sale. These General Terms and Conditions of Sale are therefore an integral part of the Contract between the Customer and Connection SAS. They are fully enforceable against the Customer who declares having read 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 this 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 website 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 subject to availability of stock, as specified when the order is placed.
The Seller's contact details are as follows:
SAS Connection
261, Paris Street
93100 Montreuil
Article 2 – Orders
Product offers are valid as long as they are visible on the site, within the limit of available stocks.
It is up to the Customer to select on the adoptemaculotte.com website the Products that he wishes to order, according to the following terms: 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 T&Cs (the contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer), pay for the order.
The confirmation of the basket provides a summary of the Products selected by the Customer, the corresponding prices, the terms and conditions and the delivery costs. It is then up to the Customer to check and possibly correct the contents of his basket, to read the General Conditions of Sale 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 the acceptance of all of these General Conditions of Sale and constitutes proof of the sales contract.
The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by email, and after the Seller has received payment in full.
Any order placed on the adoptemaculotte.com website 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 his 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 provided by the suppliers of the Shop. 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 within the limits of available stocks at our suppliers. This availability of Products is normally indicated on the specific Product page.
Adding a Product to the cart does not absolutely guarantee the availability of the Product.
In the event that a Product becomes unavailable after the Customer has validated the Order, adoptemaculotte.com will inform the Customer by email. The Order will be automatically cancelled and adoptemaculotte.com will refund the price of the Product initially ordered, as well as any amount paid for the Order.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 - Rates
The Products are supplied at the current prices listed on the adoptemaculotte.com website, when the order is registered by the Seller. Prices are expressed in Euros, excluding and including VAT.
Delivery costs are free in mainland France and Europe for purchases over 69 euros.
The delivery costs for an order with an amount between 0 and 19.99 euros are 6.99 euros in mainland France and Europe.
The delivery costs for an order between 20 and 68.99 euros are 2.99 euros in mainland France and Europe.
The prices take into account any reductions that may be granted by the Seller on the adoptemaculotte.com website.
These prices are firm and not revisable 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 charged in addition, under the conditions indicated on the adoptemaculotte.com website and calculated prior to 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 applicable, they will be the subject of a quote previously accepted by the latter. Quotes drawn up by the Seller are valid for a period of one month, from their date of establishment.
An invoice is drawn up 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, 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 receipt
6.1 - Delivery and deadlines
Before validating the Order, adoptemaculotte.com provides the Customer with information regarding the various delivery methods and their respective rates. Following the Customer's choice of delivery method, adoptemaculotte.com provides the Customer with 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 in the 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 provided for information purposes only.
Order processing times may vary between 2 to 4 days.
This period allows us to check your order, to verify 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 actions of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out 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 made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.
When the Customer has himself taken charge of calling on a carrier that he himself chooses, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier, as soon as he has handed over the Products sold to the carrier who has accepted them without reservations.
The Customer therefore acknowledges that it is the carrier's responsibility to carry out the delivery and has no warranty recourse against the Seller in the event of failure to deliver the transported goods.
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 costs relating thereto will be subject to specific additional invoicing, on a quote previously accepted 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 contact@adoptemaculotte.com .
Article 7 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only take place at the time when the Customer physically takes 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 his/her legal right of withdrawal without giving any reason and thus notify adoptemaculotte.com of his/her 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 the Customer Service of adoptemaculotte.com to allow a resale. In the event that the Seller receives opened, used, incomplete, damaged or soiled Products, adoptemaculotte.com will not make any refund.
In the event of return of the Product under the conditions provided for by law and these General Terms and Conditions, adoptemaculotte.com will reimburse the customer including delivery costs, after receipt and verification of the condition of the returned Product.
If the items are 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 time limit and methods of returning the items), may obtain a refund for the returned items.
When the period of fourteen (14) days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
8.2 - Exercising the right of withdrawal and return procedures
You must send us your clear withdrawal declaration in electronic form via our website. We will send you an acknowledgement of receipt of your declaration by e-mail.
To respect the withdrawal period:
- 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. Where applicable, the packaging must retain the original seal.
The implementation of the right of withdrawal has the consequence of obliging the Customer to return the Products without delay, and at the latest within 14 calendar days from the exercise of his right.
In accordance with article L.221-23 of the Consumer Code, return costs are the responsibility of the Customer.
No cash on delivery shipments 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 set out 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 refund 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 that have been opened after delivery or that cannot be returned for health or hygiene reasons. In the case of purchase in batches, only intact Products will be admitted 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 his Order, the reimbursement does not include the costs of returning the Products, which remain the responsibility of the Customer.
Article 9 - Seller's Liability - Warranty
The Products sold on the adoptemaculotte.com website 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, regardless of the right of withdrawal, in accordance with the legal provisions:
- of the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order,
- of the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the Products delivered and making 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).
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
- benefits from a period of two years from delivery of the goods to take action against the Seller;
- may choose between repair or replacement of 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 used goods.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction of 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 time limits 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 refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded based on the rate charged and return costs will be refunded upon presentation of supporting documents.
Refunds 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 shall not be held liable in the following cases:
- non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check,
- 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 warranty is, in any event, limited to the replacement or reimbursement of Products which are non-compliant or affected by a defect.
Article 10 - Data Protection 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 processing his order and for establishing invoices, in particular.
This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the adoptemaculotte.com website has been declared to the CNIL.
The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.
This right may be exercised under the conditions and according to the methods 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 infringement of copyright.
Furthermore, the Seller remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) for the purpose of providing the Services to the Client.
The Customer therefore prohibits any reproduction or exploitation of said studies, designs, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may make it conditional on financial compensation.
Article 12 - Specific execution
In the event of a breach by either Party of its obligations, the Party that is the victim of the default shall have the right to request specific performance of the obligations arising from this agreement. By way of derogation from the provisions of Article 1221 of the Civil Code, the creditor of the obligation may pursue this specific performance after a simple formal notice, sent to the debtor of the obligation by registered letter with acknowledgement of receipt, which has remained unsuccessful, whatever the circumstances and even if there is a manifest disproportion between its cost to the debtor and its interest for the creditor.
It is recalled that in the event of a breach by either Party of its obligations, the Party that is the victim of the default may, in accordance with the provisions of Article 1222 of the Civil Code, 10 days after sending a formal notice to perform that has remained unsuccessful, have the obligation performed by a third party itself, at the expense of the defaulting Party, provided that the cost is reasonable and in line with market practices, without judicial authorization being necessary for this purpose, being that the Party that is the victim of the default may also, at its option, request in court that the defaulting Party advance the sums necessary for this performance.
Article 13 - Exception of non-performance
It is recalled that pursuant to 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 performance will take effect immediately, upon receipt by the defaulting Party of the notification of breach sent to it for this purpose by the Party affected by the default indicating the intention to apply the exception of non-performance as long as the defaulting Party has not remedied the breach noted, notified by registered letter with acknowledgement of receipt or on any other durable written medium allowing 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 upon it when due and that the consequences of this non-performance are sufficiently serious for the Party affected by the default.
This option is used at the risk and peril of the Party which takes the initiative.
The suspension of performance shall take effect immediately, upon receipt by the Party presumed to be in default of the notification of the intention to apply the preventive non-performance exception until the Party presumed to be in default performs the obligation for which a future breach is manifest, notified by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of sending to be provided.
If the impediment were definitive or continued beyond 30 days, these presents 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 shall not be held liable 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 provide justification 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 payment penalties.
The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a period of 30 days.
Consequently, as soon as the cause of the suspension of their mutual 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 acknowledgement of receipt or any extrajudicial act. If the impediment is permanent or exceeds a period of 30 days, these presents will be purely and simply resolved according to the terms defined in the article "Termination for force majeure".
During this suspension, the parties agree that the costs incurred by the situation will be borne by the party prevented from attending.
Article 15 - Termination of the contract
15.1 - Resolution for unforeseen circumstances
The resolution for the impossibility of the execution of an obligation which has become excessively onerous may not, notwithstanding the clause Resolution for failure of a party to meet its obligations appearing below, take place until 10 days after sending a formal notice declaring the intention to apply this clause notified by registered letter with acknowledgement of receipt or any extrajudicial act.
15.2 - Termination for non-performance of a sufficiently serious obligation
The Party suffering the default may, notwithstanding the Termination clause for failure by a party to fulfill its obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify the Defaulting Party by registered letter with acknowledgement of receipt of the wrongful termination of these presents, 10 days after sending a formal notice to perform which has remained unsuccessful, and this in application of the provisions of Article 1224 of the Civil Code.
15.3 - Resolution for force majeure
It is expressly agreed that the parties may terminate this contract by operation of law, without notice or formality.
15.4 - Termination for failure of a party to meet its obligations
In the event of non-compliance by either party with the following obligations:
Non-payment on the due date of 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 meet its obligations will take place automatically, the formal notice resulting from the sole fact of non-performance of the obligation, without notice or execution of formalities.
15.5 - Provisions common to cases of resolution
It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement will be validly put on notice by the sole enforceability 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 termination can only be useful through the complete execution of the contract, 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 by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
Article 17 – Disputes
In case 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 transactions 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 follow-ups and which could not have been 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 may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, the references of which appear on the adoptemaculotte.com website or to any alternative dispute resolution method (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 to 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.
Annex I - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
The Seller is required to deliver goods that conform to 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, assembly instructions or installation when this has been placed in his charge 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 present 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 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 by two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests the Seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code
The Seller is liable for the warranty against hidden defects in the item sold which render 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 paid a lower price for it, if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Annex II - Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on “adoptemaculotte.com” except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of:
SAS Connection
261, Paris Street
93100 Montreuil
Order of the “……”
Order number: ................................................................
Customer Name: ................................................................................
Customer Address: .......................................................................
Signature of the Client (only if this form is notified on paper)