General Terms and Conditions of Sale
Subject / Company
These General Terms and Conditions of Sale are entered into between, on the one hand, the company:
Lovely Planet - 560 avenue du Garlaban - 13420 GEMENOS.
SIRET: 478 881 477 000 44
And on the other hand: Persons making a purchase on the website www.strap-on-me.com which is freely accessible to all internet users at no cost.
These General Terms and Conditions of Sale apply exclusively to the online sale of STRAP-ON-ME products.
These terms and the online order constitute the contractual documents enforceable against the parties, to the exclusion of any other document, brochure, catalogue, or product photograph, which are for illustrative purposes only.
Validation of the order by the consumer's confirmation constitutes acceptance of the general terms and conditions of sale in force on the day of the order, the preservation and reproduction of which are ensured by the professional seller pursuant to Article 1127-2 of the French Civil Code.
Modification of the general terms and conditions of sale.
The professional seller reserves the right to modify these general terms and conditions of sale at any time.
In the event of changes, the applicable general terms and conditions of sale are those in force on the date of the order, a copy of which, dated as of that day, may be provided to the consumer upon request.
Clauses of the general terms and conditions of sale.
The invalidity of a contractual clause does not invalidate 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 waiver on its part of the other clauses of the general terms and conditions of sale, which remain fully in effect.
Price
The selling price of the products is that in effect on the day the order is placed.
The prices of our products are indicated in Euros, all taxes included (VAT included), excluding shipping costs. Prices take into account the VAT applicable on the day of the order. Prices cannot be changed once the customer's order has been placed.
Customs duties and other formalities for deliveries outside the European Union are the sole responsibility of the customer. The customer undertakes to check with the relevant authorities regarding the possibilities for importing products purchased on the website www.strap-on-me.com.
In the event of a promotional price, the seller undertakes to apply this price to any order placed during the advertising period for the promotion.
Price change.
The seller reserves the right to modify its prices at any time, notably in the event of increased costs, it being understood that, in the event of a price increase after an order has been placed, only the price set on the day of that order will apply to the customer.
Payment of the price.
The price is payable in full upon ordering.
Secure payment methods
Payment for your order is made online upon order confirmation.
The payment methods available on the Site are as follows:
Credit / debit card
You can pay for your order by bank card. Accepted cards include Visa, Mastercard, American Express and Cartes Bancaires, subject to their availability at the time of payment.
Card payments are processed via a secure payment solution. Banking data entered during payment is securely transmitted to the payment provider and protected by security and fraud detection systems, including 3D Secure authentication when required.
PayPal
You can also pay for your order with PayPal. Payment is made directly through PayPal's secure environment.
The banking or payment details required for the transaction are managed by PayPal and are not shared with the Seller.
Klarna
Payment by Klarna may be offered at the time of order, subject to the Customer's eligibility and the conditions applicable to this payment method.
Payment terms, as well as any eligibility requirements, are presented to the Customer at checkout. Klarna acts as a payment service provider under its own terms and conditions.
Shop Pay
The Customer may also use Shop Pay, Shopify's accelerated checkout service, when available.
Shop Pay notably allows the Customer to save certain information to facilitate future purchases. Payment details are processed in a secure environment by Shopify.
Payment security
All transactions made on the Site are processed via secure payment solutions. Payment data is transmitted securely and is subject to protective measures designed to prevent unauthorised access and fraud.
The Seller does not have access to full credit card details provided by the Customer during payment.
Non-payment or payment refusal
In the event of payment refusal, failure or cancellation, the order cannot be confirmed and dispatched until payment has been accepted.
The Seller reserves the right to suspend or cancel any order for which payment has not been successfully completed.
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 has not been transferred to them, to take all necessary precautions for the proper safekeeping of the products.
Order
Strap-on-me undertakes to fulfil orders subject to stock availability. In the absence of product availability, Strap-on-me undertakes to inform the customer promptly by any means at its disposal.
Modification of the order.
Modification of the order by the buyer.
As orders are final and irrevocable, any modification requested by the buyer is subject to acceptance by the seller.
Modification of the order by the seller.
The seller undertakes to deliver a product conforming to the one ordered.
If the ordered product is unavailable, the seller shall offer the consumer, subject to their agreement, the supply of an equivalent product capable of replacing the ordered product.
In the event of the customer's disagreement, the unavailability of the ordered product will result in the cancellation of the order and a refund to the consumer.
Validity of the order.
The seller reserves the right to refuse any order for legitimate reasons, and more specifically where the quantities ordered are abnormally high compared to the quantities usually ordered by buyers acting as consumers.
Cancellation of the order.
Cancellation by the buyer.
The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the event of:
- delivery of a product that does not conform to the declared characteristics of the product
- delivery exceeding thirty days following the conclusion of the contract, after the seller has been instructed, under the same terms and without success, to make the delivery within a reasonable additional period.
Cancellation by the seller.
The order may be cancelled by the seller in the event of:
- refusal by the buyer to accept delivery;
- non-payment of the price (or the remaining balance of the price) upon delivery.
Products
Product characteristics.
Prior to placing an order, the customer may review the essential characteristics of the products they wish to order by consulting the pre-contractual information provided by the seller before any order, where applicable through a product catalogue or the company's website.
Photographs and graphics shown in the catalogue or on the website are provided for illustrative purposes only and shall not constitute a contractual commitment by the company guaranteeing complete similarity between the product ordered and the product depicted.
Stock availability.
Products are offered and delivered subject to stock availability.
If the ordered product is unavailable, the seller shall inform the buyer immediately and may offer them a product of equivalent quality and price or, failing that, a voucher for the amount of the order, usable for any future order.
In the event of disagreement by the buyer, the seller shall refund the amounts paid within a period of 30 days.
Other than the refund of the price of an unavailable product, the seller is not liable for any cancellation indemnity.
Conformity
The seller is liable for any lack of conformity of the goods under standard law and consumer law.
Returns of goods - Warranty
Statutory guarantee of conformity.
All products supplied by the seller benefit from the statutory guarantee of conformity set out in Articles L217-4 to L217-14 of the French Consumer Code.
Implementation of the guarantee of conformity.
If you wish to invoke the statutory guarantee of conformity, you must contact the company whose brand and contact details are available on our contact page.
When acting under the statutory guarantee of conformity, the consumer:
- has a period of two years from delivery of the goods to take action
- may choose between repair or replacement of the goods;
- is exempt from providing proof of the existence of the lack of conformity of the goods for twenty-four months following delivery of the goods.
Warranty against hidden defects.
The consumer may decide to invoke the warranty against hidden defects of the item sold within the meaning of the provisions of Article 1641 of the French Civil Code.
In this event, they may choose between cancellation of the sale or a reduction in the purchase price pursuant to Article 1644 of the French Civil Code.
Returns.
Strap-on-me makes every effort to provide you with a high-quality service.
If you are not satisfied with an ordered product, you can return it to us within 30 days in compliance with the following rules:
- items must be unused or unworn and in their original packaging in perfect condition,
- labels must not be damaged or removed.
To return one or more products, please follow the procedure indicated on the downloadable Returns Form here. Return delivery costs are the responsibility of the customer.
The refund amount will be calculated based on the value of the item at the time of purchase and the shipping costs incurred during the purchase only if the item is defective; otherwise, no refund can be issued.
Refunds will be made by crediting your bank card or via PayPal.
Discreet delivery
Terms and conditions.
Your order is shipped in a discreet and sturdy cardboard box in which the products are protected. No external markings identify the contents of the parcel.
If you wish to send a gift, you can choose a delivery address that is different from the billing address. This step takes place when confirming your order. In this case, the recipient will receive their parcel without an invoice. The invoice will be sent by post to the sender of the gift.
Time limits.
Your order will be delivered by Colissimo as follows:
- within 48 hours (in metropolitan France) from dispatch by Strap-on-me
- to your home by your postal carrier
- with insurance covering 100% of the value of your order
- with online tracking of your parcel’s delivery on the website www.coliposte.fr.
Orders placed on Saturday or Sunday are processed on Monday morning. If you are not at home at the time of delivery, a delivery notice will be left in your letterbox, and your parcel will await you at your nearest post office. Delivery times do not include your order's processing times, which are generally 1 to 2 working days.
Transfer of risks.
The risks of loss or damage to the goods are transferred to the consumer when they, or a third party designated by them, take physical possession of the goods, regardless of their nature.
The product delivered to the consumer by a carrier chosen by the seller travels at the seller's risk and peril.
The product, which is delivered to the consumer by a carrier chosen by them, travels at the consumer's risk and peril from the moment the goods are handed over to the carrier.
Privacy and protection of your personal data
As part of its activity, Strap-on-me, acting as the data controller, processes its customers' data electronically in compliance with personal data protection regulations.
The use of certain data is strictly necessary for the performance of this contract or for the legitimate interests of the data controller. Its purpose is the optimal management of customer relations within the scope of the activities governed by these general terms and conditions of sale.
The collected data is retained for the duration necessary to fulfil the purposes of these general terms and conditions of sale.
During this period, Strap-on-me implements all appropriate measures to ensure the confidentiality and security of your personal data, so as to prevent damage, erasure, or unauthorised third-party access.
Under current regulations (EU Regulation 2016/679 of 27 April 2016), the customer has the right to access, rectify, object to, restrict, port, and delete their personal data.
The customer may also contact Strap-on-me directly via our contact page or by post at the following address: STRAP-ON-ME – LOVELY PLANET - Returns Department - 560 avenue du Garlaban - 13420 GEMENOS
Right of withdrawal
Pursuant to Article L221-28 of the French Consumer Code (formerly Article L121-21-8 of the French Consumer Code), the customer is informed that the right of withdrawal cannot be exercised in certain cases, particularly where the products have been worn by the consumer, for hygiene reasons.
Conditions, time limit, 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 a period of fourteen days starting from the day after receipt of the products.
- As a reminder, items must be unused and in their unopened original packaging with their labels intact.
To return one or more products, please follow the procedure indicated on the Returns Form (above). Return shipping costs are at the customer's expense.
The refund amount will be calculated based on the value of the item at the time of purchase.
Effects.
In the event of withdrawal, we will refund the payment received within fourteen days at the latest from receipt of the product at our premises.
We will issue the refund using the same payment method you used for the initial transaction.
It is reiterated that the customer is liable, in the event of withdrawal after using the good(s), for any depreciation of the good(s) resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of such good(s). This handling corresponds to what a consumer would be permitted to do in a physical shop.
The consumer must return the goods to STRAP-ON-ME without undue delay and, in any event, no later than fourteen days after the customer has communicated their decision to withdraw to the recipient.
This deadline is deemed to have been met if the customer returns the goods from the order before the fourteen-day period expires.
Liability
The products offered on the website www.strap-on-me.com comply with current French legislation and the standards applicable in France. Strap-on-me cannot be held liable for damage of any kind that may result from improper use of the items sold.
The company Strap-on-me cannot be held liable for non-performance of the contract in the event of out-of-stock situations or product unavailability, or force majeure. Force majeure includes all cases recognised by case law, namely any exceptional, external, and unforeseeable event at the time of contract conclusion preventing its performance.
Intellectual property
All elements reproduced on this website (logos, photographs, texts, graphic design, etc.) are protected by the French Intellectual Property Code and Civil Code and belong to Strap-on-me. Consequently, none of these elements may be represented, downloaded, reproduced, transmitted, translated, sold, commercially exploited or distributed free of charge, or reused in any way whatsoever without the prior consent of Strap-on-me.
Applicable law – Disputes
This contract is governed by French law. In the event of a dispute arising from this contractual relationship, the parties undertake to seek an amicable solution prior to any legal action. If they fail to reach a mutual agreement, disputes shall fall within the jurisdiction of the courts of Marseille.
Mediation.
The consumer has the right to resort to mediation to settle the dispute with the professional amicably.
Prior complaint.
In the event of a dispute, you should contact the company's customer service department first, Monday to Friday excluding public holidays, by email or post (see our contact page).