General conditions of sale
Subject / Company
These General Terms and Conditions of Sale are concluded 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 to which 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, brochure, catalogue or product photograph, which have only indicative value.
Validation of the order by the consumer's confirmation constitutes acceptance of the general terms and conditions of sale in force on the date of the order, the retention and reproduction of which are ensured by the professional seller in accordance with Article 1127-2 of the Civil Code.
Amendment of the general terms and conditions of sale.
The professional seller reserves the right to amend these general terms and conditions of sale at any time.
In the event of amendment, the applicable general terms and conditions of sale are those in force on the date of the order, a copy of which dated to 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 shall not entail the invalidity 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 waiver on its part of the other clauses of the general terms and conditions of sale, which shall continue to have full effect.
Prices
The selling price of the products is that in force on the date the order is placed.
The prices of our products are quoted in Euros and inclusive of all taxes (VAT included), excluding shipping costs. Prices take into account the VAT applicable on the date of the order. Prices cannot be amended 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 import possibilities for products purchased on the website www.strap-on-me.com.
In the event of a promotional price, the seller undertakes to apply that price to any order placed during the period of the promotional advertising.
Price amendment.
The seller reserves the right to amend its prices at any time, in particular in the event of increased costs, it being understood that, should prices increase after an order has been placed, only the price set on the date of that order will apply to the customer.
Payment of the price.
The price is payable in full at the time of ordering.
Secure payment methods.
Credit/debit cards (Visa, Mastercard)
This is the simplest and fastest way to place an order. Our credit card payment system is the secure system of our banking partner. Your credit card number details are encrypted at your end and then transmitted directly to the bank's website, which decrypts them and manages the payment authorisations. Encryption codes change very regularly.
Your bank card number is not transmitted over the internet without encryption; the website www.strap-on-me.com does not receive your banking details, which is why you will be asked to provide them with each order.
PayPal.
If you already have a PayPal account, you can make your payment using this secure system, which acts as a link between our website and your bank, without your banking details passing through our website, just as with the credit card payment system. If you do not have a PayPal account and to avoid any inconvenience, we recommend payment by credit card, which will be equally secure, simpler and faster.
The transaction is fully secured by the latest-generation SSL (Secure Socket Layer) data encryption technology.
Payment default.
When payment is declined, the seller is entitled not to ship the products.
Retention of title
The seller retains ownership of the goods sold until full payment of the price has been received, and the buyer undertakes, for as long as ownership has not been transferred to them, to take all reasonable precautions to ensure the proper preservation of the goods.
Order
Strap-on-me undertakes to fulfil orders subject to available stock. Should a product be unavailable, Strap-on-me undertakes to inform the customer promptly by all means at its disposal.
Order amendment.
Order amendment by the buyer.
As orders are final and irrevocable, any request for modification made by the buyer is subject to the seller's acceptance.
Order amendment by the seller.
The seller undertakes to deliver a product that conforms to the one ordered.
In the event that the ordered product is unavailable, the seller shall offer the consumer, who must give their consent, 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 shall result in the cancellation of the order and the reimbursement of the consumer.
Order validity.
The seller reserves the right to refuse any order for legitimate reasons, and in particular where the quantities ordered are abnormally high compared to the quantities usually ordered by buyers acting as consumers.
Order cancellation.
Cancellation by the buyer.
The order may be cancelled by the buyer by recorded delivery letter with acknowledgement of receipt in the following cases:
- delivery of a product that does not conform to the declared product specifications
- delivery exceeding thirty days following the conclusion of the contract, after the seller has been ordered, in the same manner and without result, to carry out 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 take delivery;
- non-payment of the price (or the balance of the price) at the time of delivery.
Products
Product specifications.
Before placing an order, the customer may acquaint themselves with the essential characteristics of the products they wish to order by consulting the pre-contractual information provided by the seller prior to any order, where applicable by means of a product catalogue or the company's website.
The photographs and graphics appearing in the catalogue or on the website are provided for illustrative purposes only and shall not constitute a contractual commitment on the part of the company guaranteeing a perfect likeness between the product ordered and the product depicted.
Stock availability.
Products are offered and delivered subject to available stock.
In the event that the ordered product is unavailable, the seller shall immediately inform the buyer and may offer them a product of equivalent quality and price or, failing that, a gift voucher for the amount of the order which may be used for any future order.
In the event of disagreement on the part of the buyer, the seller shall proceed with the reimbursement of sums paid within 30 days.
Apart from the reimbursement of the price of an unavailable product, the seller is not liable for any cancellation indemnity.
Conformity
The seller is liable for the non-conformity of the goods under the conditions of common law and consumer law.
Return of goods – Warranty
Statutory guarantee of conformity.
All products supplied by the seller benefit from the statutory warranty of conformity provided for in Articles L217-4 to L217-14 of the French Consumer Code.
Exercising the warranty of conformity.
If you wish to exercise the statutory warranty of conformity, you must contact the company whose brand and contact details can be found on our contact page.
When invoking the statutory guarantee of conformity, the consumer:
- has a period of two years from the date of 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 during the twenty-four months following delivery of the goods.
Warranty against hidden defects.
The consumer may choose to invoke the warranty against hidden defects of the item sold within the meaning of the provisions of Article 1641 of the Civil Code.
In such a case, the consumer may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
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 may return it to us within 30 days in accordance 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 Return Form available for download here. Return shipping 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 will be possible.
Refunds will be made by crediting your bank card or via PayPal.
Discreet delivery
Terms and conditions.
Your order is dispatched in a discreet, sturdy box in which the products are protected. No external markings allow the contents of the parcel to be identified.
If you wish to send a gift, you have the option of choosing a delivery address different from the billing address. This step takes place when you confirm your order. In this case, the recipient will receive their parcel without an invoice. The invoice will be sent by post to the gift sender.
Timeframes.
Your order will be delivered by Colissimo as follows:
- within 48 hours (in mainland France) dispatched from strap-on-me
- to your home by your postman
- 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, you will find a delivery notice in your letterbox and your parcel will be waiting for you at your nearest Post Office. Delivery times do not include order processing times, which are generally 1 to 2 working days.
Transfer of risks.
The risk of loss or damage to goods is transferred to the consumer at the moment they, or a designated third party, physically take 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.
A product delivered to the consumer by a carrier chosen by the consumer travels at the consumer's risk and peril from the moment the goods are handed over to the carrier.
Confidentiality and protection of your personal data
In the course of its business, strap-on-me, acting as data controller, carries out computerised processing of its customers' data 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 interest of the data controller. Its purpose is the optimal management of the customer relationship within the framework of the activities governed by these general terms and conditions of sale.
The data collected is retained for the period necessary to fulfil the purposes set out in these general terms and conditions of sale.
During this period, strap-on-me implements all appropriate means to ensure the confidentiality and security of your personal data, so as to prevent it from being damaged, deleted or accessed by unauthorised third parties.
Under the applicable regulations (EU Regulation No. 2016/679 of 27 April 2016), the customer has the right of access, rectification, objection, restriction, portability and erasure of 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 Service - 560 avenue du Garlaban - 13420 GEMENOS
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 where products have been worn by the consumer, for reasons of hygiene.
Conditions, timeframe and procedures for exercising the right of withdrawal.
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 receipt of the products.
- As a reminder, items must be unused and in their original, unopened packaging with their labels.
To return one or more products, please follow the procedure indicated on the Return Form (above). Return shipping 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.
Effects.
In the event of withdrawal, we will refund the payment received no later than fourteen days from the date we receive the product at our premises.
We will process the refund using the same payment method you used for the initial transaction.
It is noted that the customer's liability, 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 said goods. Such handling corresponds to what a consumer might do in a 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 expiry of the fourteen-day period.
Liabilities
The products offered on the website www.strap-on-me.com comply with French legislation in force and the standards applicable in France. Strap-on-me cannot be held liable for any damage of any nature whatsoever that may result from the improper use of the items sold.
strap-on-me shall not be held liable for the non-performance of the contract in the event of out-of-stock or unavailability of the product and force majeure. Force majeure includes all cases recognised by case law, namely any exceptional, external and unforeseeable event at the time of conclusion of the contract that prevents its performance.
Intellectual property
All elements reproduced on this website (logos, photographs, texts, graphic design...) are protected by intellectual property law and civil law and belong to strap-on-me. Accordingly, none of these elements may be displayed, downloaded, reproduced, transmitted, translated, sold, exploited commercially or free of charge, or reused in any way whatsoever without the prior consent of strap-on-me.
Applicable law – Potential disputes
This contract is governed by French law. In the event that a dispute arises from this contractual relationship, the parties undertake to seek an amicable solution before taking any legal action. If they are unable to reach a mutual agreement, disputes shall fall under the jurisdiction of the courts of Marseille.
Mediation.
The consumer has the right to resort to mediation to resolve by amicable means any dispute with the professional.
Prior complaint.
In the event of a dispute, you must first contact the company's customer service, Monday to Friday excluding public holidays, by email or post (see our contact page).
Gift voucher terms and conditions of use
These conditions apply to the beneficiary, whether or not they are the customer. The gift voucher is valid for paying all or part of an order on the website www.strap-on-me.com. To pay, they enter the promotional code printed on the voucher in the designated field on the payment page. The gift voucher can only be used once. It cannot give rise to any cash refund, whether total or partial. No change can be given on the voucher. The gift voucher has an expiry date. It must be used before this date.