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General terms and conditions of sale

  1. Object / Company

The present General Conditions of Sale are concluded between, on the one hand, the company : 

Lovely Planet US - 32 Grand Street - 10013 - New York 

 

And on the other hand: People making a purchase on the website www.strap-on-me.us  whose access is free and open to all Internet users.

The General Terms and Conditions of Sale apply exclusively to the online sale of STRAP-ON-ME products.

These terms and conditions and the online order constitute the contractual documents binding on the parties, to the exclusion of any other document, prospectus, catalogue or photographs of the products which are only indicative.

The validation of the order by the consumer's confirmation implies acceptance of the general terms and conditions of sale in force on the day of the order, which are kept and reproduced by the professional seller in accordance with Article 1127-2 of the Civil Code.

  • 1 Modification of the general terms and conditions of sale.

The professional seller reserves the right to modify the present general conditions of sale at any time.

In the event of a change, the general terms and conditions of sale applicable are those in force on the date of the order, a copy of which dated to that date may be given to the consumer on request.

  • 2 Clauses of the general terms and conditions of sale

The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.

The temporary or permanent non-application of one or more clauses of the general terms and conditions of sale by the professional seller shall not constitute a renunciation on his part of the other clauses of the general terms and conditions of sale which continue to produce their effects.

 

2. Awards

The selling price of the products is the one in force on the day the order is placed.

The prices of our products are indicated in Euros and inclusive of all taxes (VAT), excluding shipping costs. The prices take into account the VAT applicable on the day of the order. The prices cannot be modified once the customer's order has been placed.

Customs taxes and other formalities for deliveries outside the European Union are the exclusive responsibility of the customer. The customer undertakes to check with his administrations the possibilities of importing the products purchased on the site www.strap-on-me.us

In the case of a promotional price, the seller undertakes to apply this price to any order placed during the period of the advertisement for the promotion.

  • 1 Change in price.

The seller reserves the right to modify its prices at any time, in particular in the event of an increase in costs, it being understood that, in the event of a price increase subsequent to the order, only the price fixed on the day of this order will be applicable to the customer.

  • 2 Payment of the price.

The price is paid cash when ordering.

 

3. Secure payment methods.

  • 1 Credit cards (visa, mastercard)

This is the easiest and quickest way to place an order. Our credit card payment system is the secure system of our banking partner. The data relating to your credit card number is encrypted on your premises and then transmitted directly to the bank's website, which decrypts it and manages the direct debit authorisations. The encryption codes change very regularly.

Your credit card number does not circulate on the net without encryption, the site www.strap-on-me.us does not receive your banking information, which is why you will be asked for it each time you place an order.

  • 2 Paypal.

If you already have a Paypal account, you can make your payment through this secure system which links our site to your bank, without your bank details passing through our site, just like the credit card system. If you do not have a Paypal account and in order to avoid any inconvenience, we recommend you to pay by credit card which will be just as secure, simpler and faster.

The transaction is fully secured by the latest generation SSL (Secure Socket Layer) data encryption technology.

  • 3 Failure to pay.

If the payment is rejected, the seller is entitled not to dispatch the products. 

 
4. Retention of title

The seller remains the owner of the products sold until full payment of the price and the buyer undertakes, as long as ownership is not transferred to him, to take all precautions necessary for the proper conservation of the products. 


5. Order

Strap-on-me undertakes to honour orders within the limits of available stocks. If a product is not available, Strap-on-me undertakes to promptly inform the customer by any means at its disposal.

  • 1 Changing the order.
  • 1.1 Modification of the order by the buyer.

As orders are final and irrevocable, any request for modification made by the buyer is subject to acceptance by the seller.

  • 1.2 Modification of the order by the seller.

The seller undertakes to deliver a product that conforms to that ordered.

If the product ordered is unavailable, the seller shall offer the consumer, who must agree, the supply of an equivalent product to replace the product ordered.

If the customer does not agree, the unavailability of the product ordered will result in the cancellation of the order and the reimbursement of the consumer.

  • 2 Validity of the order.

The seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities ordered are abnormally high compared to the quantities usually ordered by buyers in their capacity as consumers.

  • 3 Resolution of the control.
  • 3.1 Resolution by the buyer.

The order can be cancelled by the buyer by registered letter with acknowledgement of receipt in case of :

- delivery of a product that does not conform to the declared characteristics of the product

- of delivery exceeding thirty days after the conclusion of the contract, after the seller has been instructed, on the same terms and without result, to make delivery within a reasonable additional period.

  • 3.2 Resolution by the Seller.

The order can be cancelled by the seller in case of :

- of the buyer's refusal to take delivery;

- of non-payment of the price (or the balance of the price) at the time of delivery.


6. Products

  • 1 Product characteristics.

The customer may, prior to placing an order, take note of the essential characteristics of the products he/she wishes to order by consulting the pre-contractual information communicated to him/her by the seller prior to placing an order, possibly by means of a catalogue on the products or the company's Internet site.

The photographs and graphics appearing in the catalogue or on the website are given for information purposes only and cannot constitute a contractual commitment by the company guaranteeing a perfect similarity between the product ordered and the product represented.

  • 2 Stock availability

Products are offered and delivered within the limits of available stocks.

In the event of unavailability of the product ordered, the seller shall immediately inform the buyer and may offer him a product of an equivalent quality and price or, failing that, a voucher for the amount of the order to be used for any future order.

If the buyer does not agree, the seller shall refund the sums paid within 30 days.

Apart from the reimbursement of the price of an unavailable product, the selleris not obliged to pay any cancellation compensation.


7. Compliance

 The seller is responsible for the non-conformity of the goods under the conditions of common law and consumer law.



8. Return of goods - Warranty

  • 1 Legal guarantee of conformity.

All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L217-4 to L217-14 of the consumer code.

  • 2 Implementation ofthe guarantee of conformity.

If you wish to make use of the legal guarantee of conformity, you must contact the company whose brand name and contact details can be found on our contact page.

When acting under the legal guarantee of conformity, the consumer :

- has a period of two years from the date of delivery of the property to act 

- can choose between repairing or replacing the property;

- shall be exempt from furnishing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.

  • 3 Warranty for hidden defects.

The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of the provisions of Article 1641 of the Civil Code.

In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

  • 4 Returns.

Strap-on-me does everything possible to provide you with a quality service.

If you are not satisfied with a product you have ordered, you can return it within 14 days in accordance with the following rules: 

- Items must be unused or unworn and in their original packaging in perfect condition,

- the labels must not be damaged or removed.

To return one or more products please follow the procedure indicated on the Return Form (below). The return delivery costs are the responsibility of the customer.

The amount of the refund will be calculated on the value of the item at the time of purchase and the shipping costs incurred at the time of purchase only if the item is defective, otherwise there will be no refund.

Refunds will be made by re-crediting your credit card or via Paypal.


9. Discreet delivery

  • 1 Terms and Conditions.

Your order is shipped in a discreet and solid box in which the products are protected. No external mark allows to identify the contents of the package.

If you wish to make a gift, you have the possibility to choose a delivery address different from the billing address. This step takes place at the time of the validation of your order. In this case, the recipient will receive his/her package without an invoice. The latter will be sent by post to the sender of the gift.

  • 2 Delivery Time

Your order will be delivered by Fedex in the following way: 

- at home by your postman

- with an insurance that covers 100% of the value of your order

- with online tracking of your package on the website fedex.com 

Orders placed on Saturday or Sunday are processed on Monday morning. If you are not at home at the time of delivery, you will find a delivery notice in your mailbox and your package will be waiting for you at your nearest post office. Delivery times do not take into account the processing time of your order which is usually 3 to 5 working days.

  • 3 Transfer of risks.

The risk of loss of or damage to the goods shall pass to the consumer at the time when he or a designated third party takes physical possession of the goods, without distinction according to their nature.

The product that is delivered to the consumer by a carrier chosen by the seller, travels at the seller's risk.

The product, which is delivered to the consumer by a carrier chosen by him, travels at the consumer's risk and peril from the moment the goods are handed over to the carrier.


10. Confidentiality and protection of your personal data

In the context of its activity, Strap-on-me, acting as data controller, carries out computerised processing of its customers' data in compliance with the regulations on the protection of personal data.

The use of certain data is strictly necessary for the execution of this contract or for the legitimate interest of the data controller. Its purpose is the optimal management of customer relations within the framework of the activities governed by these general terms and conditions of sale.

The data collected is kept for the time necessary to carry out the purposes of these general conditions of sale.

During this period, Strap-on-me will take all appropriate steps to ensure the confidentiality and security of your personal data, so as to prevent damage, deletion or access by unauthorised third parties.

Under the regulations in force (EU Regulation No. 2016/679 of 27 April 2016), the customer has a right of access, rectification, opposition, limitation, portability and deletion of their personal data.

The customer can also contact Strap-on-me directly via our website. contact or by mail at the following address: STRAP-ON-ME - LOVELY PLANET - Returns Department - 560 avenue du Garlaban - 13420 GEMENOS - FRANCE


11. Right of withdrawal

Pursuant to Article L221-28 of the Consumer Code (formerly Article L121-21-8 of the Consumer Code), the customer is informed that the right of withdrawal cannot be exercised in certain cases, in particular, in the event that the products have been worn by the consumer, for reasons of hygiene.

 

  • 1 Conditions, deadline and terms of exercise.

If you accept these general terms and conditions of sale, you will have the right to withdraw, without giving any reason, within fourteen days from the day after receiving the products.

  • As a reminder, the items must be unused and in their original packaging unopened with their labels.

To return one or more products please follow the procedure indicated on the Return Form (above). The return delivery costs are the responsibility of the customer.

The refund amount will be calculated on the value of the item at the time of purchase.

 

  • 2 Effects.

In case of withdrawal, we will refund the payment received within fourteen days of receiving the product in our premises.

We will issue a refund using the same payment method you used for the original transaction. 

It is recalled that the customer's responsibility, in the event of withdrawal after use of the goods, is engaged with regard to the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods. These manipulations are those that a consumer can carry out in a shop.

The consumer shall return the goods to STRAP-ON-ME without undue delay and in any case not later than fourteen days after the customer has informed the recipient of his decision to withdraw. 

This deadline is deemed to have been met if the customer returns the goods within the fourteen-day period.


12. Responsibilities

The products offered on the site www.strap-on-me.us comply with current French legislation and standards applicable in France. Strap-on-me cannot be held responsible for any damage of any kind that may result from the misuse of the items sold.

The company Strap-on-me cannot be held responsible for the non-performance of the contract concluded in the event of stock shortage or unavailability of the product and force majeure. Force majeure includes all cases recognised by jurisprudence, i.e. any exceptional, external and unforeseeable event at the time of the conclusion of the contract preventing the execution of the latter.


13. Intellectual Property

All the elements reproduced on this site (logos, photographs, texts, graphic charter...) are protected by the code of the intellectual property and by the civil code belong to Strap-on-me. Consequently, none of these elements can be represented, downloaded, reproduced, transmitted, translated, sold, exploited commercially or for free or reused in any way whatsoever without the prior consent of Strap-on-me. 


14. Applicable duties - Possible disputes

This contract is subject to French law. In the event of a dispute arising from this contractual relationship, the parties undertake to seek an amicable solution before any legal action. If they do not find a common solution, the disputes will fall under the jurisdiction of the courts of Marseilles. 

  • 1 Mediation.

The consumer has the right to have recourse to mediation in order to settle the dispute between them and the trader by amicable means.

  • 2 Prior claim.

In the event of a dispute, you must first contact the company's customer service department, from Monday to Friday, except on public holidays, by e-mail or post (see our contact page).


15. Terms and conditions of use of gift vouchers

These conditions are valid for the beneficiary, whether he is the customer or not. The gift voucher is valid for paying for all or part of an order on the site www.strap-on-me.us To pay, he/she types the advantage code written on the cheque in the box provided for this purpose on the payment page. The gift voucher can only be used once. It cannot be reimbursed in cash, in whole or in part. No change can be given on the voucher. The gift voucher has a validity date. It must be used before this date.

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