General Terms and Conditions of Sale
The present General Terms and Conditions of Sale are up-to-date as of August 28, 2023.
ARTICLE 1 - DEFINITIONS
The present General Terms and Conditions of Sale (hereinafter referred to as "GTC") are offered by FDblurringMR (hereinafter referred to as "the Company"), a french “Société par Actions Simplifiée” with a capital of 1,000 euros, registered in the Trade and Companies Register of Soissons under the number 894 318 203, represented by Margot Filleux, with its registered office at 45 Route de Courboin, 02400 Blesmes, France.
Its email address is firstname.lastname@example.org.
The Company owns and publishes the website https://fera-daemon.com/ (hereinafter referred to as "the Site"). The Site is hosted by Shopify Inc., located at 151 O'Connor Street, K2P 2L8 Ottawa, Canada, reachable at +16132412828. The Director of Publication is Romain Do Nascimento.
The Site offers the Client (hereinafter referred to as "the Client") the possibility to purchase sex toys (nicknamed "Daemon"), wellness objects, and decorative items (hereinafter referred to as "Products").
Before using the Site, the Client must ensure that they have the technical and computer resources to use the Site and to order Products on the Site, and that their browser allows secure access to the Site. The Client must also ensure that their computer hardware/equipment is in good condition and does not contain any viruses.
ARTICLE 2 - APPLICATION AND ENFORCEABILITY OF THE GTC
The present GTC aim to define all conditions under which the Company markets the Products as offered for sale on the Site to Clients. They therefore apply to any Order (hereinafter referred to as "Order") of Products placed on the Site by the Client.
The Client declares having read and accepted these GTC before placing their Order.
Validation of the Order thus implies acceptance of these GTC. These are regularly updated; the applicable GTC are those in force on the Site on the date the Order is placed.
Any contrary condition imposed by the Client would, therefore, be unenforceable against the Company unless expressly accepted, regardless of when it may have been brought to the Company's attention.
The fact that the Company does not, at any given time, assert any provision of these GTC cannot be interpreted as a waiver to later assert any provision of said GTC.
ARTICLE 3 - ORDERING PRODUCTS ON THE SITE
The Company reserves the right to correct the content of the Site at any time.
The Product(s) offered for sale are described and presented as accurately as possible. However, a minor variation between the Product received by the Client and its presentation on the Site may occur and does not engage the Company's liability and does not affect the validity of the sale.
To order, the Client must follow the process outlined below:
- Select the Product(s) of their choice and add them to their Order by clicking on "Add to Cart."
- Access the summary of their Order on the "Cart" menu. Verify the details, prices, and quantities of the selected Products. The Client can correct any errors before accepting the Order.
- Confirm the Order by clicking on "Proceed to Checkout."
After accepting the GTC and validating the Order with an obligation to pay, a contract is effectively concluded between the Company and the Client and binds them irrevocably.
The Client then enters their shipping details and, where applicable, billing details, and proceeds to payment as specified below.
ARTICLE 4 - PRICES AND PAYMENT CONDITIONS
Prices are mentioned on the Site in the descriptions of the Products, in euros, and inclusive of all taxes except potential custom fees for Orders delivered outside the European Union.
The total amount is indicated in the summary of the Order before the Client, validates their Order, provides and confirms their shipping and billing details, and proceeds to payment. This total amount is inclusive of all taxes.
Payment for the Products on the Site is in euros. The entire payment must be made on the day of the Order by the Client, by credit card, unless specific sales conditions are expressly accepted by the Client and the Company.
In case of payment by credit card, the Site uses Shopify's security system. This system guarantees the Client the confidentiality of their banking information. The banking details of the Client are not electronically stored by the Company.
The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in case of non-payment or partial payment of any sum due by the Client to the Company, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the Site and the payment of an Order.
La société se réserve le droit de suspendre ou d’annuler toute exécution et/ou livraison d’une Commande, quelle que soit sa nature et son niveau d’exécution, en cas de défaut de paiement ou de paiement partiel de toute somme qui serait due par le Client à la société, en cas d’incident de paiement, ou en cas de fraude ou tentative de fraude relative à l’utilisation du site et au paiement d’une Commande.
ARTICLE 5 - DELIVERY AND TIMELINES
The products offered on the Site can be delivered to countries in the European Union, Switzerland, the United Kingdom, the Overseas Departments and Regions (Guyana, Martinique, Guadeloupe, Reunion, Mayotte), Overseas Collectivities (French Polynesia, Saint-Pierre-et-Miquelon, Wallis and Futuna, Saint Martin, Saint Barthélemy), and New Caledonia.
Production times can vary from a few days to four weeks. As an indication, delivery times are approximately two days for France, five days for Europe and nine for the reste of the world.
Colissimo and Mondial Relay handle the shipment of the product(s) in the Order. They will send a tracking number to the email address provided by the Customer to track the delivery.
The ordered products are delivered to the delivery address indicated by the Customer during the Order.
The company will not be responsible if the non-receipt of the Products is due to a third party outside of its intervention or in case of theft.
In case the Order is returned due to the absence of the Customer, the company's customer service will contact the Customer for a second delivery at the Customer's expense.
ARTICLE 6 - CUSTOMER SERVICE
For any request for information, clarification, or any claim, the Customer must first contact the company's customer service to try to find a solution to the problem.
The company's customer service can be reached at the following email address: email@example.com
ARTICLE 7 - LEGAL AND COMMERCIAL WARRANTIES
All products offered by the company are subject to the legal warranty of conformity provided by law, and particularly Articles L.217-4, L.217-5, and L.217-12 of the french Consumer Code, and the warranty against hidden defects provided by Articles 1641 and 1648, first paragraph, of the french Civil Code.
The defective or non-compliant product will be replaced according to the cost terms provided by the french Consumer Code.
If a Customer believes they have received a product that they consider to be defective or non-compliant, they must contact the company as soon as possible after receiving the Order, at the following email address: firstname.lastname@example.org, specifying the defect or non-compliance in question.
The Customer will provide all justification as to the designation of apparent defects and/or anomalies. The Customer will give the company every opportunity to ascertain these defects or non-compliances and to remedy them if necessary. The Customer will refrain from intervening themselves or having a third party intervene for this purpose.
If the defects and/or anomalies are confirmed by the company, it will then send the Customer its instructions on how to proceed after becoming aware of the complaint thus formulated and, if applicable, will proceed with the replacement of the product that the company would have found to be non-compliant or defective.
ARTICLE 8 - CUSTOMER OBLIGATIONS
The Customer undertakes to comply with the terms of these General Terms and Conditions.
The Customer undertakes to use the Site in a manner consistent with the company's instructions.
The Customer agrees to use the Site only for their personal use, in accordance with these General Terms and Conditions. In this regard, the Customer agrees to refrain from:
Using the Site in any illegal manner, for any illegal purpose, or in any manner incompatible with these General Terms and Conditions.
Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing all or part of the content appearing on the Site, or decompiling, reverse engineering, disassembling, modifying, displaying in a format readable by the Customer, attempting to discover any source code, or using any software enabling or comprising all or part of the Site.
Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality of, interferes with performance, or impairs the functionality of the Site.
Using the Site for abusive purposes by intentionally introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.
Infringing the intellectual property rights of the company and/or reselling or attempting to resell the products to third parties.
Denigrating the Site and/or the products as well as the company on social media and any other means of communication.
If, for any reason, the company believes that the Customer is not complying with these General Terms and Conditions, the company may at any time, and at its sole discretion, delete their access to the Site and take all measures including any civil and criminal legal action against them.
ARTICLE 9 - RIGHT OF WITHDRAWAL
In accordance with Articles L.221-18 and following of the french Consumer Code, the Customer has a period of 14 days from the receipt of the last product ordered on the Site to exercise their right of withdrawal from the company, without having to justify reasons or pay a penalty.
Some Products are excluded from the right of withdrawal by Article L. 221-28 of the french Consumer Code, including :
- - Goods made to the consumer's specifications or clearly personalized
- - Goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
Consequently, all sex toys sold by the Company are excluded from the right of withdrawal. The company does not accept returns on these products under the right of withdrawal. The right of withdrawal only apply to Illustration sets purchased alone.
To exercise this right, the Customer must notify the company, within the aforementioned 14-day period, of their intention to retract, by sending an unambiguous declaration to this effect to the email address: email@example.com
The company will acknowledge receipt of the Customer's withdrawal by email, and the product(s) must then be returned within 14 days following this notification, at the Customer's expense.
The Customer must return the product(s) in the same condition in which they received it/them, along with all packaging elements, accessories, and instructions (even if the product(s) has/have been unpacked), as soon as possible and no later than 14 days from the notification of the decision to withdraw from this contract, to the following address: 45 Route de Courboin, 02400 Blesmes, France. In accordance with the law, the Customer is responsible for the return shipping costs of the product(s).
"In case of the Customer's withdrawal, the refund of the Product(s) that was/were subject to the right of withdrawal is made by the company through the same payment method used for the initial transaction, unless the Customer expressly agrees to a different method. In any case, this refund will not incur any fees for the Customer. The refund is processed as soon as possible, and no later than 14 days from the day the company is informed of the Customer's decision to withdraw their Order.
In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that their liability is only engaged in relation to the company for any depreciation of the returned product(s), following the exercise of their right of withdrawal, resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of such goods.
ARTICLE 10 - LIABILITY
The Company implements all appropriate measures to provide the Customer with product(s) of optimal quality. However, it shall not under any circumstances be liable for any failure to perform or improper performance of all or part of the services provided for in the contract, attributable either to the Customer, to unforeseeable and insurmountable actions by a third party not involved in the contract, or to a force majeure event. More generally, should the company's liability be incurred, it could in no case agree to compensate the Customer for indirect damages or damages whose existence and/or amount is not proven by evidence.
The company cannot be held responsible for damages caused by the misuse of any of its products or by the failure to follow precautions for use, hygiene, storage, and safety during the use of its Products.
The Site may contain links to other sites not published or controlled by the company, which cannot be held responsible for the operation, content, or any elements present or obtained through these sites.
The inclusion of such links or reference to any information, articles, or services provided by a third party can neither be and shall not be construed as an express or implicit endorsement, by the company, of these sites and these elements or their contents.
The company is not responsible for the availability of these sites and has no control over their content nor does it endorse the advertisements, product(s), or other information distributed on these websites.
It is expressly stipulated that the company shall not in any case be held responsible, in any way whatsoever, if the computer hardware or email system of the Customers reject, for instance due to anti-spam, electronic mails sent by the company, and in particular, without this list being exhaustive, the copy of the payment ticket, the summary status of the Order, or the electronic mail for shipment tracking.
The Customer is fully aware of the provisions of this article, including the above-mentioned guarantees and limitations of liability, essential conditions without which the company would never have contracted.
ARTICLE 11 - SECURITY
The Customer agrees not to compromise the security of the Site. To this end, they undertake not to unlawfully access and/or remain within the company's information system. The Customer may not disrupt or impede the company's information system. Failing this, the company may take any measure against them, including engaging their criminal liability under Articles 323-1 and following of the french Penal Code.
ARTICLE 12 - INTELLECTUAL PROPERTY AND PERSONAL DATA
All elements of this Site, and the Site itself, are protected by copyright, trademark law, design rights, and/or any other intellectual property rights. These elements are the exclusive property of the company. All these rights are reserved worldwide.
The "Fera Daemon" brand is also a registered trademark and is protected.
The name, and brand, the logos, designs and models, stylized letters, figurative marks, and all signs displayed on this Site are and shall remain the exclusive property of the company.
No title or right whatsoever on any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (other than for their personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to this Site and the elements and software it contains, nor modify or perform any work using them as a base, nor sell or participate in any sale related to this Site, the elements of this Site, or any software related thereto.
The company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and cannot in any case be transferred or assigned to any third party. The license is granted for the duration of the use of the Site.
The company understands that the protection of data and privacy is a concern for all internet users visiting the Site. The company commits, in accordance with GDPR regulations, to respect the privacy of the Client and to protect personal data, i.e., data that may identify you directly or indirectly as an individual.
In the context of an order, the company aims to collect personal data from the Client. The company commits to protecting the personal data of its clients.
Files containing personal data necessary for the order are stored on the servers of the Site's host. This provider ensures compliance with the General Data Protection Regulation (GDPR). The company does not disclose nor trade the personal data of its clients.
At the stage of placing an order on the Site, the Client expressly consents to the collection and processing of their personal data necessary for completing the orders.
The personal data collected by the company is intended to enable the fulfillment of the order. Such personal data will not be retained longer than necessary for the purposes for which they were collected, including compliance with legal or tax obligations.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, known as "Informatique et Libertés," and the General Data Protection Regulation (GDPR), subject to proof of your identity, every Client, regardless of their nationality, has the right to access, modify, and delete their personal data. Each Client also has the right to request a limitation on the processing of their data and has the right to data portability, as well as the right to object to the processing of their personal data.
For the purposes of implementing this clause and, in particular, ensuring the confidential treatment of clients' data, the company has designated, in accordance with GDPR regulations, a Data Protection Officer, who can be contacted at the following email address: firstname.lastname@example.org.
ARTICLE 13 - NEWSLETTER
By checking the box provided for this purpose or by expressly agreeing to it, the Client accepts that the company may send them a newsletter (information letter) at a frequency and in a format determined by the company, which may contain information related to its activity.
When the Client checks the box provided for this purpose in the registration process on the Site to place the Order, they agree to receive commercial offers from the company for Products similar to those ordered.
Clients will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.
ARTICLE 14 - APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed and interpreted in accordance with French law. In the event of a dispute, French courts will have exclusive jurisdiction.