General terms and conditions of sale
You are currently connected to one of the sites administered by Jack Summer. The purpose of this document is to inform you about chaste-cage.fr and its general conditions of online sale (Contractual Conditions).
You must read carefully the following provisions, as they constitute an electronic contract establishing the general conditions of sale of the chaste-cage.fr e-shop.
The "Double-click" that you will carry out after having filled in your order form constitutes the validation of this one and will be worth irrevocable acceptance of the present Contractual Conditions when your order will have been validated.
Consequently, you can only order products and/or services if you accept all the conditions set out below.
The Internet user (natural person with the capacity to contract) and chaste-cage.fr are hereinafter referred to as "the parties", and individually as "the party".
In this contract, each of the expressions mentioned below shall be understood within the meaning of its definition, namely :
- chaste-cage.fr "distance contract": any contract concerning the order of products and/or services concluded between the company (*) and a customer (*) within the framework of a distance sales or service provision system organised by the company (*) who, for this contract, uses the Internet exclusively until the conclusion of the contract, including the conclusion of the contract itself.
- Customer": any natural person who, in this contract, is acting in a private capacity or as a representative of a legal entity and who has the right to contract.
- " order form ": document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by "double click"(*) in order to commit him.
- " order ": act by which the customer undertakes to purchase products and/or services and the company (*) to deliver and/or supply them to him.
- " product ": good sold or service provided by the company.
- double click": reiteration of the validation of the Order Form by the customer. An order form filled in and validated for the first time is never taken into account without the customer's confirmation. This confirmation can be made by means of a tick box indicating acceptance of the Contractual Conditions, or a message confirming the order.
TO CONTACT US
All correspondence must be addressed in French:
By email :firstname.lastname@example.org
The present contract is an electronic distance selling contract whose purpose is to define the rights and obligations of the parties within the framework of the sale of products proposed by chaste-cage.fr. In this sense, it is in conformity with the French regulations in force, namely :
- Law 2004-575 known as the Law for confidence in the digital economy.
- Law 2008-3 of 3 January 2008 for the development of competition at the service of consumers.
- Recommendation n°07-02 of the Commission on unfair terms, relating to contracts for the sale of goods concluded over the Internet. It is also in line with OECD recommendations in the field of e-commerce.
5/ PROTECTION OF MINORS
The site chaste-cage.fr is forbidden to minors due to its content exclusively reserved for adults.
Our company attaches particular importance to the protection of minors within the framework of its online commercial activity. Although minors can act alone in cases where the law or custom authorises them to act alone (art. 389-3 c. civ.), and this in particular for low-value purchases, we consider it essential to try by any means to verify that the customer has the power to contract.
To this end, we may ask any customer placing an order on our site to justify his majority and therefore his capacity to contract, in compliance with the obligations linked to the modified Law 78-17.
In the event that a purchase is made by a minor or a person who does not have the legal capacity to contract, we advise the legal representatives of this person to rescind (cancel) the sale in accordance with article 1305 of the Civil Code upon presentation of proof of identity.
The products offered by chaste-cage.fr are presented on the sites in French language. Any national of the European Community and of the countries respecting the directive 95/46/CE cannot assert his linguistic ignorance as a clause of cancellation of the contract.
The products offered for direct sale by chaste-cage.fr are those which appear on the site www.chaste-cage.fr, on the day of the consultation of the aforementioned site by the Internet user, and within the limit of available stocks.
The illustrations presented on the site are a reflection of the products on sale on the site, except in the limiting cases inherent to the technical characteristics of the Internet (resolution and colours of the Internet user's screen....).
Due to the specific nature of the Internet network, the company does not guarantee on its site the availability of all products in real time. In the event of the temporary or definitive unavailability of one of the products, the company will inform Internet users via its site or by sending an e-mail to a valid e-mail address provided by the customer. The company will then offer to replace the product ordered by an equivalent product (quality and price), or a credit note, or to exercise your right of cancellation (cancellation of your order).
The prices of the products can be modified at any time by the company, with the exception of any sale of a product concluded for the price displayed on www.chaste-cage.fr.
In the event of an obvious typographical error, leading to the display of a "vile price", the sale may be cancelled, as mentioned in the article "Execution of the order".
The prices mentioned are in Euros (€), presented inclusive of all taxes and include the costs related to the processing of orders.
Delivery charges are to be paid by the customer, unless otherwise stipulated during the order process. The different delivery options (with their prices) are presented during the ordering process and are specified during the summary of the order.
Payment of the total price must be made before delivery of the products, unless otherwise specified during the order process and mentioned on the invoice.
In the event of delivery of products outside French territory, customs taxes and formalities are the exclusive responsibility of the Customer, unless otherwise specified. The Customer then undertakes to check the possibilities of importing the products ordered with regard to the territory of the country of delivery.
8/ ORDER AND PAYMENT
Any order form signed by the Customer by "double click" constitutes an irrevocable acceptance which can only be challenged in the cases restrictively provided for in this contract in the articles "Right of withdrawal" and "Execution of the order". Any agreement of a quotation sent by email to the Customer, and returned to chaste-cage.fr with an explicit agreement also constitutes an irrevocable acceptance.
The order process is in accordance with the provisions of article 1369-5 of the Civil Code.
- Any Internet user wishing to validate his order must identify himself by filling in the appropriate form provided on www.chaste-cage.fr . This identification is done in strict compliance with Law 78-17 modified as indicated in our "Data Protection" section.
- After checking the content of the order, as well as the total cost of the order (products ordered, shipping costs, possible eco-participation, optional options), and correcting any errors, the internet user will confirm it definitively. This confirmation will be considered as the conclusion of the contract.
In order to pay for his order, the Customer has at his disposal, at his choice, all the methods of payment referred to in the order process and presented on the company's website. He guarantees the company that he has the authorisations that may be necessary to use the payment method he has chosen when validating the order.
In the event of payment by card, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the Customer and the card issuer and between the company and its banking establishments apply, in accordance with article 132-4 of the French Monetary and Financial Code.
If the only method of payment is by CB, the final validation of the order takes place as soon as the order has been paid in full (unless special provisions are made).
Method of shipping parcels
Packages are sent by colissimo and according to their value against signature. The customer receives an email informing him/her of the shipment as well as the colissimo number and the link below to enable him/her to follow their delivery on the post office website here: http://www.colissimo.fr/portail_colissimo/suivre.do.
For reasons of discretion, the sender mentioned on the dispatch note is not chaste-cage.fr but ADOR Jen. This allows customers to have their parcels picked up or received without revealing their contents or origin.
The products can be delivered in Europe to the delivery address indicated by the customer when placing the order.
The customer must ensure the conformity of his order upon receipt of the products. The customer must sign the delivery note presented by the delivery person, which is proof that the delivery has been made.
- Wrong address = charges + delay
The customer is required to fill in the address of the place of delivery of his package correctly. Reading and checking before ordering does not take long, he expressly acknowledges that it is his responsibility to pay the costs of a second shipment.
- Delivery time
The company guarantees that deliveries will be made according to the conditions guaranteed by the transport service providers (except in cases of force majeure as defined by case law), and indicated on the www.chaste-cage.fr website or during the order process.
In the case of a delay in delivery, please inform chaste-cage.fr by contacting the customer service or by sending an email via the contact form. If the delay exceeds by 7 days the delivery date foreseen during the ordering process, you can proceed to the resolution of the order, according to the methods indicated in the article "Right of resolution".
From the date mentioned on the delivery notice, you have 15 days to collect your parcel. After this period, it will be automatically returned to the sender.
- Incomplete or non-compliant delivery (due to the carrier)
It is possible that the package may be damaged or that its contents may have been partially or totally stolen.
If you notice such an error, please mention it on the carrier's voucher and refuse the product by sending it back to us accompanied by a report 170 known as a "spoliation report". Should you become aware of this error after the departure of the carrier, please inform us of it by e-mail via the contact form or by post within a maximum of 24 working hours following receipt of the order.
In accordance with article 133-3 of the French Commercial Code, it is imperative that you send your complaint for damaged parcels within 48 hours (not including public holidays) to the nearest post office.
The damaged package refused by the customer will be returned to our warehouse at no cost to the customer.
In the event of refusal by the Post Office, please contact customer service as soon as possible to inform you of the procedure to follow.
For any other procedure, the customer will be held responsible for his expenses.
- Incomplete or non-compliant delivery (due to the company)
Despite the care taken in preparing orders, it is possible that a product may be missing from the order, or that an error may have occurred during preparation.
If you notice such an error, please inform us as soon as possible and if possible within 72 working hours of receipt of the order. This can be done via the contact form. In your message, please do not hesitate to include your telephone number so that we can contact you in order to resolve the problem as soon as possible.
- Lost parcel
In the event that a parcel is lost by one of our carriers, please inform us as soon as possible. The company will carry out an investigation with the departments concerned.
RIGHT OF RETRACTATION
The customer has a period of 14 clear days to exercise his right of withdrawal. This period starts from the reception of the order by the customer as soon as the product has not been used because a product for sexual use cannot be taken back for hygienic reasons.
In order to facilitate the processing of his return, the customer may contact the company by e-mail to obtain a return number before reshipment. This condition in no way cancels the right of withdrawal.
For obvious reasons related to hygiene which must be irreproachable, the products sold by chaste-cage.fr can only be taken back or exchanged if they are new (new means never served or even tried*) and in their original packaging. Sexual objects cannot be taken back for reasons of hygiene.
The costs of reshipment will remain at the customer's full charge. The products must be sent back complete and new (new means never used or even tried*) in a condition suitable for re-sale and in their original packaging, according to terms and conditions with shipping guarantees similar to those defined during the initial shipment of the products. You are reminded that this right of retraction cannot be exercised for personalised products.
* or even tried since chaste-cage sells products of a sexual nature.
RETURN AND REFUND
Except for defective products, all products returned must be new or even tried and in their original packaging intact and without writing.
No returns will be accepted and therefore no reimbursement will be made if the products returned have been visibly damaged by the Customer and that this damage or these damages make the product unfit for sale or if the products of a sexual nature have been tried.
Methods of return and reimbursement
In order to ensure that your return is received correctly and to speed up the processing of your return, please follow the procedure below:
1. Contact the customer service department using the contact form within 14 days of the date of your receipt, indicating your order number, the reason for the dispute, and photographs of the defective product(s).
2. The after-sales service will then tell you the procedure to follow in order to resolve the dispute.
3. Please wait for an advisor's authorisation to return your item in accordance with the return conditions of our site, we will send you a printable return form by e-mail. The return of the parcel by another means of transport is authorised but it cannot be handled by chaste-cage.fr.
Attention, if you are returning products that are part of a batch, please send the whole batch.
As soon as chaste-cage.fr receives the defective product, after chaste-cage.fr has confirmed the defectiveness of the product, chaste-cage.fr will reimburse the Customer the price of the item(s) concerned, as well as the shipping costs.
RIGHT OF RESCISSION
In accordance with article L. 121-20-3 of the French Consumer Code, we will indicate the maximum delivery date for your order when you place it. If this delivery date is exceeded by 7 working days (except in cases of force majeure as defined by law), you will have the option of cancelling your order by Registered Letter with Acknowledgement of Receipt within 60 days of the initial delivery date. In this case, we will reimburse you for the totality of the sums paid (excluding any return costs), and this within a maximum of 30 days following receipt of your LRAR.
EXECUTION OF THE ORDER
The company reserves the right to refuse the order for a "legitimate reason" (as defined by case law), and in particular (without this list being exhaustive) in the event of unavailability of the product, impossibility to perform the service, abusive request by the customer, presumption of impossibility for the customer to contract or manifest intention for the customer to harm the company.
The company also reserves the right to refuse the order in the case of an obvious typographical error leading to the display of a "vile price", and this at the time of the order placed by the customer. In the case of a difference of interpretation between "low price" and "vile price", concerning the price displayed on the website at the time of the client's order, the client may request the intervention of a third party, as provided for in the article "Applicable law".
The order will be executed within a period not exceeding 7 days of the planned delivery date of the product or service mentioned at the time of the order, subject to the acceptance of the order by the company.
For deadlines concerning the different types of services (personalisation, etc.), please contact us.
An invoice will automatically be sent to the customer when the order is placed. It will be sent to the email address indicated by the customer when ordering, unless otherwise indicated by the customer.
If for X possible reasons (health, delays, loss by mail, other....) you are obliged to destroy your padlock or even your chastity cage, the boutique chaste-cage.fr cannot be held responsible.
In accordance with articles L 211-4 and following of the Consumer Code, as well as articles 1641 and 1648 of the Civil Code, the Internet user also benefits from a guarantee allowing him to return defective products delivered.
- Article L211-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this was made at its expense by the contract or was carried out under its responsibility.
- Article L211-5 of the Consumer Code
To be in conformity with the contract, the property must :
1º Be fit 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 seller has 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
2º Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
- Article L211-12 of the Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
- Article 1641 Civil Code
The seller is bound by the guarantee on account of hidden defects of 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 only have paid a lower price for it, if he had known about them.
- Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Chaste-cage.fr cannot be held responsible for the non-fulfilment of the concluded contract, following the occurrence of an event of force majeure (as defined by the Law) and notably in the case of total or partial strike of the postal services, transporters, and disasters caused by floods or fires. This limitation of liability also applies to the non-fulfilment of the said contract, due to the unforeseeable and insurmountable fact of a third party not involved in the provision of the planned services. With regard to the products purchased to satisfy professional needs, chaste-cage.fr will not incur any responsibility for any indirect damage due to the present, operating loss, loss of profit, damage or expenses, which could occur.
chaste-cage.fr cannot be held responsible for the use you make of the products purchased.
For example, if you injure yourself or someone else with a whip or an accessory called SM or BDSM, chaste-cage.fr cannot be held responsible.
For example, if you injure yourself or someone else with a sextoy, chaste-cage.fr cannot be held responsible.
For example, if you injure yourself or someone else with sterile, single-use needles, chaste-cage.fr cannot be held responsible.
This list of examples is not exhaustive.
The choice and purchase of a product or service is the sole responsibility of the customer. The total or partial impossibility to use the products, notably because of incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of chaste-cage.fr, except in the case of a proven hidden defect, non-conformity, defect or the exercise of the right of retraction.
The information requested from the Client is necessary to process his order and may be communicated to the company's contractual partners (accountants, lawyers....). It may also be transmitted to any competent authority for the settlement of disputes between the company and one of its customers. Temporary email addresses are not accepted.
The client can consult the characteristics of the processing of personal data used in our "data protection" section via the www.chaste-cage.fr website.
The customer can also exercise his rights of access, rectification and opposition according to the methods mentioned in the company's "Data Protection" and "Legal Notice" sections.
"DOUBLE CLICK" AND PROOF
The "double click" associated with the procedure of authentication and non-repudiation of the customer when ordering and accepting these Contractual Conditions is equivalent to validation of the order and conclusion of the contract, in accordance with the provisions of article 1369-5 of the Civil Code.
The computerised registers, kept on the company's servers as well as on the servers of its banking establishments, will be considered as rebuttable presumptions of communications, orders and payments between the parties.
Under no circumstances will the company record telephone conversations between a member of the company and one of its customers or prospects. In the case of sub-contracting their customer service, the company undertakes to prohibit their partner responsible for implementing this service from making such recordings, including in the context of a "service improvement".
CONSERVATION AND ARCHIVING OF DOCUMENTS
Transaction data is archived on a reliable and durable medium.
It is therefore carried out in accordance with AFNOR Z 42-013 standard on the design and operation of computer systems to ensure the preservation and integrity of the records stored in these systems.
INTEGRAL PART OF THE CONTRACT
The present general conditions express the entirety of the obligations of the parties.
No general or specific condition communicated by the Client may be incorporated into these general conditions, except in the case of prior agreement between the parties prior to the conclusion of the contract.
The fact that the company does not take advantage of a breach by the Client of any of the obligations referred to in these terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.
The company reserves the right to adapt or modify these Contractual Conditions at any time. In the event of modification, the Contractual Conditions in force on the day of the order will be applied to each order.
RESERVATION OF OWNERSHIP
The products delivered to the customer remain the property of the company until the contract has been fully executed. On the other hand, the transfer of risks takes effect as soon as the products and/or services ordered on the e-shop are actually delivered.
The documents provided to the customer are governed by the Intellectual Property Code. They therefore remain the property of the company. It is therefore forbidden to reproduce, transfer or exploit the documents provided without the consent of the company.
APPLICABLE LAW :
As almost all customers are French, this contract is subject to French law, in accordance with European directives.
This applies to both the rules of substance and the rules of form. In the event of a dispute, the companies will favour an amicable settlement.
This search for an amicable solution in no way interrupts the time limits for taking action as a guarantee.
Otherwise, and in accordance with the provisions of articles 46 to 48 of the NCPC, the courts of the United Kingdom shall have exclusive jurisdiction.