Terms of sale
Preamble
The website adoptemaculotte.com is operated by Connection SAS. On this site, the terms "the Seller," "we," "our," and "ours" refer to Connection SAS. Consumers and non-professional buyers are designated by the terms "the Customer," "the Customers," and the items are designated by the terms "the Product" or "the Products."
Connection SAS provides this website, including all information, tools, and services available on it for you, the Customer, subject to your acceptance of all the terms, conditions, policies, and notices stated herein.
By visiting this site and/or purchasing one of our Products, you agree to be bound by the following terms ("General Terms and Conditions of Sale," "General Terms and Conditions of Sale and Use," "Terms"), including any additional terms, conditions, and policies referenced herein. These General Terms and Conditions of Sale and Use apply to all users of this site.
These General Terms and Conditions of Sale ("the GTC") determine the rights and obligations of the parties regarding the online sale of Products offered on the adoptemaculotte.com site.
Any Order placed on the adoptemaculotte.com website implies the prior and unrestricted acceptance of these General Terms and Conditions of Sale. These GTC are therefore an integral part of the Contract between the Customer and Connection SAS. They are fully enforceable against the Customer, who declares that they have read and accepted them by ticking the box provided for this purpose, without restriction or reserve, before placing the Order.
These General Terms and Conditions of Sale apply to the exclusion of any other conditions, including those applicable to sales in physical stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are available at all times on adoptemaculotte.com and shall prevail, where applicable, over any other contradictory version or document.
Since these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
Article 1 - Scope of Application
The Products offered for sale on the adoptemaculotte.com website are the following: menstrual panties of different sizes and ranges.
The main characteristics of the Products, particularly the specifications, illustrations, and dimensional or capacity indications for the Products, are presented on the adoptemaculotte.com site.
The Customer must review them 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 Seller's liability.
The Customer must refer to the description of each Product to learn its essential properties and particularities.
Product offers are subject to available stock, as stated 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, subject to available stock.
It is up to the Customer to select the Products they wish to order on the adoptemaculotte.com site, following these steps: reading the Product sheets, selecting the product, defining the desired quantity, adding the product to the basket, providing their contact details, then confirming the order by validating the GTC (the contractual information is presented in French and confirmed no later than the moment the Customer validates the order), and paying for the order.
The basket confirmation provides a summary of the Products selected by the Customer, the corresponding prices, and the delivery methods and fees. It is then the Customer's responsibility to check and possibly correct the contents of their basket, and to carefully read the GTC before confirming the entire Order.
The Customer has the option to check the details of their order, its total price, and correct any potential errors before confirming acceptance (article 1127-2 of the Civil Code). This validation implies the acceptance of all the present General Terms and Conditions of Sale and constitutes proof of the sales contract.
The sale shall only be considered definitive after the Seller sends the confirmation of the order acceptance to the Customer via email, and after the Seller has collected the full price.
Any order placed on the adoptemaculotte.com site constitutes the formation of a remote contract 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 regarding the payment of a previous order.
The Customer can track the progress of their order on the adoptemaculotte.com site.
Article 3 - Product Specifications and Availability
3.1 - Product Specifications
Although adoptemaculotte.com ensures that Product Specifications are accurate, these Specifications are provided by the Boutique's suppliers. Accordingly, adoptemaculotte.com disclaims any liability for potential errors contained in the indicated Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos, or photos of the Products offered for sale do not have contractual value.
3.2 - Product Availability
Product offers are valid subject to available stock from our suppliers. This product availability is normally indicated on the specific Product page.
Adding a Product to the basket does not guarantee the absolute availability of the Product.
Should a Product become unavailable after the Customer validates the Order, adoptemaculotte.com will inform the Customer by email. The Order will be automatically canceled, and adoptemaculotte.com will proceed with the refund of the price of the initially ordered Product, as well as any amount paid towards the Order.
However, if the Order contains other Products besides the one that became unavailable, these will be delivered to the Customer, and delivery fees will not be reimbursed.
Article 4 - Prices
Products are supplied at the current rates listed on the adoptemaculotte.com site when the order is registered by the Seller. Prices are expressed in Euros VAT inclusive (TTC).
| Destination | Order Amount | Rate |
|---|---|---|
| France (1) | €0.00 to €19.99 | €6.99 |
| €20.00 to €68.99 | €2.99 | |
| €69.00 and above | Free | |
| Europe (2) | €0.00 to €19.99 | €6.99 |
| €20.00 to €68.99 | €2.99 | |
| €69.00 and above | Free |
The Customer is informed of the amount before validating their order.
(1) Delivery in mainland France only; overseas departments/regions and communities (DROM-COM) are not included.
(2) Delivery in Europe: Austria, Andorra, Belgium, Bulgaria, Croatia, Estonia, Finland, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Portugal, Slovakia, Slovenia, Spain.
Rates take into account any discounts that may be granted by the Seller on the adoptemaculotte.com website.
These rates are firm and non-revocable during their validity period, as indicated on adoptemaculotte.com, with the Seller reserving the right to change prices at any time outside of this validity period. They do not include processing, shipping, transport, and delivery fees, which are charged separately, under the conditions indicated on the adoptemaculotte.com site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total purchase amount, including these fees.
Specific customer orders may be considered. If applicable, they will be subject to a quote pre-accepted by the customer. Quotes established by the Seller are valid for a period of one month, starting from their date of establishment.
An invoice is issued by the Seller and given to the Customer upon receipt of payment.
Article 5 - Payment Conditions
The price is payable immediately, in full on the day the order is placed by the Customer, by secure payment method, according to the following methods:
- by bank cards: Visa, MasterCard, other blue cards
Payment data is exchanged in an encrypted mode using SSL protocol.
Article 6 - Delivery and Receipt
6.1 - Delivery and Delays
Before validating the Order, adoptemaculotte.com provides the Customer with information regarding delivery rates.
Products ordered by the Customer will be delivered to mainland France and Europe, plus the processing and transit time to the address indicated by the Customer when ordering on the adoptemaculotte.com site.
Delivery is constituted by the transfer of physical possession or control of the Product to the Customer.
Except in specific cases or cases of unavailability of one or more Products, the ordered Products will be delivered at once.
The Seller undertakes to deliver the Products ordered by the Customer as quickly as possible.
However, these deadlines are provided for indication purposes only.
Order processing times may vary between 2 to 4 working days.
This period allows us to check your order, verify the quality of the products and their packaging.
You must then add the shipping time for your item, which can vary from 6 to 12 working days.
If the ordered Products have not been delivered within 30 working days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be canceled at the written request of the Customer under 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 them no later than fourteen days following the date of contract termination, excluding any compensation or retention.
Deliveries are managed by an independent carrier, to the address provided by the Customer when ordering, and to which the carrier must have easy access.
When the Customer arranges for a carrier of their own choosing, delivery is deemed to have taken place as soon as the Seller hands over the ordered Products to the carrier, provided that the Seller has handed over the sold Products to the carrier, and the carrier accepted them without reservation.
The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and that they have no right of guarantee against the Seller in the event of non-delivery of the transported goods.
In case of a specific request from the Customer regarding the packaging or transport conditions of the ordered Products, duly accepted in writing by the Seller, the associated costs will be subject to specific supplementary invoicing, based on a quote pre-accepted in writing by the Customer.
6.2 - Receipt
Upon receipt of the Product, the Customer agrees to check that the Product is complete and undamaged.
If any anomaly is noted, the Customer must immediately contact the adoptemaculotte.com Customer Service at the address [contact@adoptemaculotte.com].
Article 7 - Transfer of Ownership - Transfer of Risks
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of the said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration related thereto will only take place at the moment the Customer physically takes possession of the Products. The Products are thus transported at the risk and peril of the Seller.
Article 8 - Cancellation and Right of Withdrawal
8.1 - Cancellation and Right of Withdrawal
If you change your mind before your order is processed, we accept the cancellation.
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 providing a reason and thus informing adoptemaculotte.com of their intention to return the item(s).
Products must be returned in their original condition and complete (packaging, accessories, manual, etc.) to the address indicated by the adoptemaculotte.com Customer Service to allow them to be resold. In the event that the Seller receives opened, used, incomplete, damaged, or soiled Products, adoptemaculotte.com will not provide any refund.
If the Product is returned under the conditions provided by law and these GTC, adoptemaculotte.com will process a refund including delivery costs, after receiving and verifying the condition of the returned Product.
If the items are subject to the legal right of withdrawal, the Customer exercising their right of withdrawal (under the conditions provided in this article regarding the deadline and methods for returning the items) may obtain a refund for the returned items.
When the fourteen (14) day period expires on a Saturday, a Sunday, or a public holiday, it is extended to the next working day.
8.2 - Exercise of the Right of Withdrawal and Return Methods
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 period:
- You must send us your declaration of withdrawal before the expiration of the 14 calendar day period (from product receipt),
- 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 original seal must be maintained.
Exercising the right of withdrawal requires the Customer to return the Products without delay, and no later than 14 calendar days from the exercise of the right.
In accordance with article L.221-23 of the Consumer Code, return costs are the responsibility of the Customer.
No cash refund will be accepted, whatever the reason.
The exchange (subject to availability) or refund will be processed within 10 days from the Seller's receipt of the Products returned by the Customer under the conditions provided 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 verify the condition of the returned Products. Only after this inspection will the refund (or non-refund) be processed by adoptemaculotte.com.
8.4 - Exception to 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 which cannot be returned for health or hygiene reasons. In the case of bulk purchases, only intact and complete lots will be accepted under the right of withdrawal.
8.5 - Exception to the Right of Withdrawal
If the right of withdrawal is exercised, the refund for the returned Products will be processed using the same payment method used by the Customer to pay for their Order. The refund does not include the return costs for the Products, which remain the responsibility of the Customer.
Article 9 - Free Return for Exchange
For a product exchange, it is necessary to contact the customer service at the following address: contact@adoptemaculotte.com, which will send you a return label to print and affix to the package.
Article 10 - Seller Liability - Warranty
The Products sold on the adoptemaculotte.com site comply with the regulations in force in France and have performance compatible with non-professional use.
Products supplied by the Seller benefit from the legal right and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions:
- of the legal warranty of conformity, for products that appear defective, damaged, or impaired, or that do not correspond to the order,
- of the legal warranty against hidden defects resulting from a fault in material, design, or manufacturing affecting the delivered Products and making them unsuitable for use,
- under the conditions and according to the procedures set out in the box below and defined in the annex to these General Terms and Conditions of Sale (Conformity Warranty / Warranty against Hidden Defects).
It is recalled that in the context of the legal warranty of conformity, the Customer:
- is entitled to a two-year period from the date of delivery to take action against the Seller;
- can choose between repairing or replacing the ordered Product, subject to the cost conditions provided by article L 217-9 of the Consumer Code;
- is exempted from proving the existence of the lack of conformity of the Product during the six months following the delivery of the Product. This period is increased to 24 months from March 18, 2016, except for second-hand goods.
The legal warranty of conformity applies independently of any commercial warranty that may potentially cover the Product. The Customer may decide to enforce the warranty against hidden defects of the Product according to article 1641 of the Civil Code; in this case, they can choose between canceling the sale or reducing the selling price according to 1644 of the Civil Code.
To enforce their 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 product delivery or the existence of hidden defects within the periods mentioned above, and return or bring back the defective Products in the condition in which they were received with all elements (accessories, packaging, manual...).
The Seller will refund, replace, or repair the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be processed as soon as possible and no later than 31 days following the Seller's finding of the lack of conformity or the hidden defect.
The refund will be made by credit to the Customer's bank account or by bank check sent to the Customer.
The Seller's liability shall not be engaged in the following cases:
- non-compliance with the legislation of the country where the Products are delivered, which the Customer must check,
- in case of misuse, professional use, negligence, or lack of maintenance by the Customer, such as normal product wear, accident, or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
Article 11 - IT and Liberties
Pursuant to the law 78-17 of January 6, 1978, it is reminded that the personal data requested from the Customer are necessary for processing their order and establishing invoices, among others.
This data may be communicated to potential partners of the Seller responsible for the execution, processing, management, and payment of orders.
The processing of information communicated through the adoptemaculotte.com site has been subject to a declaration to the CNIL.
The Customer has, in accordance with national and European regulations in force, the right to permanent access, modification, rectification, and objection concerning the information relating to them.
This right can be exercised under the conditions and according to the methods defined on the adoptemaculotte.com site.
Article 12 - 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 intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of infringement.
Furthermore, the Seller remains the owner of all intellectual property rights on photographs, presentations, studies, designs, models, prototypes, etc., carried out (even at the request of the Customer) for the purpose of providing Services to the Customer.
The Customer is therefore prohibited from any reproduction or exploitation of the said studies, designs, models, and prototypes, etc., without the express, written, and prior authorization of the Seller, which may be subject to financial consideration.
Article 13 - Specific Performance
In the event of failure by one or both Parties to comply with their obligations, the injured Party has the right to demand specific performance of the obligations arising from these terms. Notwithstanding the provisions of article 1221 of the Civil Code, the creditor of the obligation may pursue this specific performance after a simple notice, sent to the debtor of the obligation by registered letter with acknowledgment of receipt that remains unsuccessful, regardless of the circumstances and even if there is a manifest disproportion between its cost to the debtor and its interest to the creditor.
It is recalled that in the event of failure by one or both Parties to comply with their obligations, the injured Party may, pursuant to the provisions of article 1222 of the Civil Code, 10 days after a notice to perform remains unsuccessful, have the obligation performed by a third party, at the expense of the defaulting Party, provided that the cost is reasonable and consistent with market practices, without requiring judicial authorization, since the injured Party may also, at its choice, ask a court to compel the defaulting Party to advance the necessary sums for this performance.
Article 14 - 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 if it is due, if the other Party does not perform theirs and if this non-performance is sufficiently serious, meaning it is likely to call into question the continuation of the contract or fundamentally upset its economic balance. The suspension of performance takes effect immediately upon the defaulting Party receiving the notice of default sent to them by the injured Party indicating the intention to invoke the exception of non-performance, until the defaulting Party has remedied the noted default, notified by registered letter with acknowledgment of receipt or by any other durable written means allowing proof of sending.
This exception of non-performance may also be used preventively, pursuant to the provisions of article 1220 of the Civil Code, if it is clear that one of the Parties will not perform the obligations owed to them by the due date and that the consequences of this non-performance are sufficiently serious for the injured Party.
This right is taken at the risk and peril of the Party initiating it.
The suspension of performance takes effect immediately upon the presumed defaulting Party receiving the notice of the intention to invoke the preventive exception of non-performance, until the presumed defaulting Party performs the obligation for which a future failure is evident, notified by registered letter with acknowledgment of receipt or by any other durable written means allowing proof of sending.
If the impediment is final or lasts beyond 30 days, these terms shall be simply and purely canceled according to the methods defined in the Article "Termination for Failure of a Party to its Obligations."
Article 15 - Force Majeure
The Parties cannot be held liable if the non-performance or delay in 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 it to the other party. The suspension of obligations cannot under any circumstances be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or late penalties.
Performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed 30 days.
Consequently, as soon as the cause of the suspension of their respective obligations disappears, the parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the impeded party will notify the other party of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is final or exceeds a period of 30 days, these terms shall be simply and purely canceled according to the methods 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 impeded party.
Article 16 - Contract Termination
16.1 - Termination for Imprévision (Unforeseen Circumstances)
Termination for the impossibility of performance of an obligation that has become excessively onerous cannot, notwithstanding the clause Termination for Failure of a Party to its Obligations set out below, occur except 10 days after sending a formal notice declaring the intention to apply this clause, notified by registered letter with acknowledgment of receipt or any extrajudicial act.
16.2 - Termination for Sufficiently Serious Non-Performance
The injured Party may, notwithstanding the clause Termination for Failure of a Party to its Obligations set out below, in the event of sufficiently serious non-performance of any of the obligations falling on the other Party, notify the Defaulting Party by registered letter with acknowledgment of receipt the faulty termination of these terms, 10 days after sending a notice to perform that remains unsuccessful, and this in application of the provisions of article 1224 of the Civil Code.
16.3 - Termination for Force Majeure
It is expressly agreed that the parties may automatically terminate this contract, without notice, nor formalities.
16.4 - Termination for Failure of a Party to its Obligations
In the event of non-compliance by one or both parties with the following obligations:
Non-payment by the due date of services ordered by the Customer covered by the articles of this contract, this contract may be terminated at the discretion of the injured party.
It is expressly understood that this termination for failure of a party to its obligations shall take effect automatically, the notice resulting solely from the non-performance of the obligation, without notice, or performance of formalities.
16.5 - Common Provisions for Termination Cases
It is expressly agreed between the Parties that the debtor of an obligation to pay under these terms shall be validly notified by the mere due date of the obligation, in accordance with the provisions of article 1344 of the Civil Code.
Services exchanged between the Parties from the conclusion of the contract until its termination, which can only be useful through the full performance of the same, will be subject to complete restitution.
Article 17 - Applicable Law - Language
These General Terms and Conditions of Sale and resulting transactions are governed by and subject to French law.
These General Terms and Conditions of Sale are drafted in French. Should them to be translated into one or more foreign languages, only the French text shall prevail in case of dispute.
Article 18 – Disputes
In case of difficulties, we invite you to consult our Customer Service in advance at the following address [contact@adoptemaculotte.com].
Any disputes that the purchase and sale transactions concluded under these general terms and conditions may lead, regarding their validity, interpretation, execution, cancellation, consequences, and outcomes, which could not be resolved between the Seller and the Customer, shall be submitted to the competent courts under general law.
The Customer is informed that they may at all times resort to conventional mediation, notably with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, whose references are on the adoptemaculotte.com site or any alternative dispute resolution method (conciliation, for example) in case of dispute.
Article 19 - Pre-contractual Information - Customer Acceptance
The act of a natural or legal person ordering on the adoptemaculotte.com site implies full adherence to and acceptance of these General Terms and Conditions of Sale and an obligation to pay for the ordered Products, which is expressly acknowledged 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 obliged to deliver a product compliant with the contract and is liable for conformity defects existing at the time of delivery. It is also liable for conformity defects resulting from packaging, assembly instructions, or installation when this was made compulsory by the contract or carried out under its responsibility.
Article L217-5 of the Consumer Code
To be fit for the usual use expected of a similar product and, where applicable: to correspond to the description provided by the Seller and possess the qualities that the Seller presented to the buyer in the form of a sample or model, or to present the qualities that a buyer can legitimately expect given the public declarations made by the Seller, the manufacturer, or its representative, particularly in advertising or labeling;
Or to present the characteristics agreed upon by the parties or to be fit for any special use sought by the buyer, brought to the attention of the Seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is limited to two years from the date of delivery of the product.
Article L217-16 of the Consumer Code
When the buyer asks the Seller, during the course of the commercial warranty granted to them upon the acquisition or repair of a movable good, for a repair covered by the warranty, any immobilization period of at least seven days shall be added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or the availability for repair of the item concerned, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The Seller is liable for hidden defects in the sold item that render it unfit for the purpose for which it is intended, or that so diminish that the buyer would not have purchased it, or would have given it a lower price, had they known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from unmerchantable defects must be brought by the buyer within a period of 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," subject to exclusions or limitations on the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
To the attention of:
Connection SAS 261, rue de Paris 93100 Montreuil
Order for "..."
Order Number: ...........................................................
Customer Name: ...........................................................................
Customer Address: .......................................................................
Customer Signature (only in case of notification of this form on paper)