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I. GENERAL CONDITIONS OF USE
ARTICLE 1. LEGAL INFORMATION
Under article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, this article specifies the identity of the various stakeholders in the context of its implementation and monitoring. .
The Orgasmair site is published by:
SAS EcomK, whose head office is located at the following address: 113, rue de la République 13002 Marseille, and registered with the RCS Marseille 882836042.
Telephone: +33 4 84 89 47 93/ Email address: contact@orgasmair.com
The publication director of the site is: SAS EcomK.
The Orgasmair site is hosted by:
o2switch, whose head office is located at the following address:
Chemin des Pardiaux 63000 Clermont-Ferrand
Telephone number: 04 44 44 60 40
ARTICLE 2. PRESENTATION OF THE SITE
The purpose of the Orgasmair site is:
Online sale of products for the improvement of sexual health and lingerie products for women and men
ARTICLE 3. CONTACT
For any questions or requests for information concerning the site, or any report of illicit content or activities, the user can contact the publisher at the following e-mail address: contact@orgasmair.com or send a registered letter with acknowledgment of receipt to: SAS EcomK - 113, rue de la République 13002 Marseille
ARTICLE 4. ACCEPTANCE OF THE TERMS OF USE
Access and use of the site are subject to acceptance of and compliance with these General Conditions of Use.
The publisher reserves the right to modify, at any time and without notice, the site and services as well as these T&Cs, in particular to adapt to changes to the site by the provision of new functionalities or the deletion or modification of the site. modification of existing functionalities.
The user is therefore advised to refer before any navigation to the latest version of the T&Cs, accessible at any time on the site. In the event of disagreement with the T&Cs, no use of the site may be made by the user.
ARTICLE 5. ACCESS AND NAVIGATION
The publisher implements the technical solutions at its disposal to allow access to the site 24 hours a day, 7 days a week. It may nevertheless at any time suspend, limit or interrupt access to the site or to certain pages of this in order to carry out updates, modifications of its content or any other action deemed necessary for the proper functioning of the site.
Connection and navigation on the Orgasmair site constitutes unreserved acceptance of these General Conditions of Use, whatever the technical means of access and the terminals used.
These T&Cs apply, as necessary, to any variation or extension of the site on existing or future social and/or community networks.
ARTICLE 6. SITE MANAGEMENT
For the proper management of the site, the publisher may at any time:
Suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, for a specific category of Internet user;
Delete any information that may disrupt its operation or contravene national or international laws, or the rules of Netiquette;
Suspend the site in order to make updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
1. REGISTRATION
Access to certain services, and in particular to all paid services, is conditional on the user's registration.
Registration and access to the site's services are reserved exclusively for capable individuals, having completed and validated the registration form available online on the Orgasmair site, as well as these General Conditions of Use.
When registering, the user undertakes to provide accurate, sincere and up-to-date information about their person and marital status. The user must also carry out regular verification of the data concerning him in order to maintain its accuracy.
The user must therefore provide a valid e-mail address, on which the site will send him confirmation of his registration for its services. An email address cannot be used more than once to register for the Services.
Any communication made by Orgasmair and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable time if necessary.
Only one registration for the site's services is permitted per natural person.
The user is assigned an identifier allowing him to access a space to which access is reserved for him (hereinafter "Personal Space"), in addition to entering his password.
The identifier is permanent, however the password can be modified online by the user in their Personal Space. The password is personal and confidential, the user therefore undertakes not to communicate it to third parties.
Orgasmair reserves the right in any case to refuse a request for registration for services in the event of non-compliance by the user with the provisions of these General Conditions of Use.
2. UNSUBSCRIBE
Regularly registered users may request unsubscription at any time by going to the dedicated page in their Personal Space. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.
3. DELETION OF PERSONAL SPACE AT THE INITIATIVE OF THE SITE EDITOR
The user is informed that the publisher reserves the right to delete the personal space of any User who contravenes these conditions of use and sale, and more particularly in the following cases:
If the user makes illicit use of the site;
If the user, when creating their personal space, voluntarily transmits incorrect information to the site;
If the user has not been active on their personal space for at least a year.
In the event that the publisher decides to delete the user's personal space for one of these reasons, this cannot constitute damage to the user whose account has been deleted.
This deletion cannot constitute a waiver of legal action that the publisher could take against the user who contravenes these rules.
ARTICLE 8. RESPONSIBILITIES
The publisher is only responsible for the content that he himself published.
The publisher is not responsible:
In the event of technical or IT problems or failures or compatibility of the site with any hardware or software;
Direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the site or its services;
Intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating there;
Illicit content or activities using its site, without having been duly aware of it within the meaning of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy and Law No. 2004-801 of August 6, 2004 relating to the protection of individuals with regard to the processing of personal data.
Furthermore, the site cannot guarantee the accuracy, completeness, or timeliness of the information disseminated there.
The user is responsible:
The protection of its equipment and data;
His use of the site or its services;
If it respects neither the letter nor the spirit of these T&Cs.
ARTICLE 9. HYPERTEXT LINKS
The site may contain hypertext links pointing to other websites over which Orgasmair does not exercise control. Despite the prior and regular checks carried out by the publisher, the latter declines all responsibility for the content that can be found on these sites.
The publisher authorizes the establishment of hypertext links to any page or document on its site provided that the establishment of these links is not carried out for commercial or advertising purposes.
In addition, prior information from the site editor is necessary before any hyperlink is set up.
Excluded from this authorization are sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or which may offend the sensibilities of the greatest number of people.
Finally, Orgasmair reserves the right to remove at any time a hyperlink pointing to its site, if the site considers it not to be in compliance with its editorial policy.
ARTICLE 10: CONFIDENTIALITY
In addition to these General Conditions, the site has a privacy policy which describes how personal data is processed when the user visits the site, as well as how cookies are used.
By browsing the site, the user declares to have also read the aforementioned privacy policy.
ARTICLE 11. INTELLECTUAL PROPERTY
The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications which compose it are the property of the publisher and are protected as such by the laws in force regarding intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the site, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited and would be liable to constitute an infringement within the meaning of articles L. 335-2 et seq. of the Intellectual Property Code. And this, with the exception of elements expressly designated as royalty-free on the site.
Access to the site does not constitute recognition of a right and, generally speaking, does not confer any intellectual property rights relating to an element of the site, which remain the exclusive property of the publisher.
The user is prohibited from entering data on the site which would modify or be likely to modify its content or appearance.
ARTICLE 12. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions of Use are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of jurisdiction in force.
The Orgasmair site wishes you excellent browsing!
II. TERMS OF SALES
PREAMBLE
The site is published by the seller, SAS EcomK, whose head office is located at the following address: 113, rue de la République 13002 Marseille, and registered with the RCS Marseille 882836042.
Individual intra-community identification number of the seller: FR59882836042
The following provisions are intended to define the general conditions of sale on the Orgasmair website.
These general conditions of sale (hereinafter “CGV”) define the contractual rights and obligations of the seller and his customer in the context of a distance and electronic sale of goods and products.
The General Terms and Conditions exclusively govern the relationship between the seller and the customer.
The General Terms and Conditions express the entirety of the obligations of the parties. The customer is deemed to accept them without reservation, otherwise his order will not be validated.
In the event of doubt about any of the conditions of sale, the practices in force in the distance selling sector by companies whose head office is in France and the Consumer Code apply.
The seller reserves the right to modify the General Terms and Conditions from time to time. The modifications will be applicable as soon as they are posted online.
ARTICLE 1. CATALOG OR ONLINE SHOP
Through the site, the seller provides the customer with a catalog or an online store accurately presenting the products sold, without the photographs having contractual value.
The products are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the seller cannot be held liable as a result.
The products are offered while stocks last.
The prices and taxes relating to the sale of the products are specified in the catalog or the online store.
ARTICLE 2. PRICE
The seller reserves the right to modify its prices at any time by publishing them online.
Only the prices in force indicated at the time of the order will apply, subject to availability of the products on that date.
Prices are indicated in euros (excluding taxes and all taxes included) and do not take into account delivery costs, which are charged extra. Delivery costs are indicated before validation of the order by the customer.
The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the products in the catalog or the online store. If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products.
The total amount of the order (all taxes included) and delivery costs included, is indicated before final validation of the order form.
Payment of the entire price must be made when ordering.
ARTICLE 3. ONLINE ORDER
The customer has the option of completing an order form online, using an electronic form. By completing the electronic form, the customer accepts the price and description of the products.
The customer must accept these general conditions of sale by clicking in the place indicated, for their order to be validated.
The customer must provide a valid email address and delivery address and acknowledges by these general conditions of sale that any exchange with the seller can take place using this address.
The customer must also choose the delivery method and validate the payment method.
The seller reserves the right to block the customer's order in the event of non-payment, incorrect address or any other problem on the customer's account until the problem is resolved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER
This is an order with obligation to pay, which means that placing the order involves payment by the customer.
1. PAYMENT
The customer makes payment at the time of final validation of the order by specifying their bank card number.
The customer guarantees to the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale and to the payment of the sums due under the order.
In the event of a dispute or fraudulent use of the bank card without physical use of the bank card (use of the bank card number), any person may contest within 70 days from the date of the transaction by sending a complaint according to the following terms, so that the seller bears the costs of the sale and returns the disputed sum:
by telephone from Monday to Friday, from 9 a.m. to 5 p.m. at the following number: 04 84 89 47 93 or by email: contact@orgasmair.com
Any dispute not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from all liability.
The seller has put in place a procedure for verifying orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including by asking the customer for identification data.
In the event of refusal of authorization for payment by credit card from accredited organizations or in the event of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
2. CONFIRMATION
Upon receipt of validation of the purchase and payment by the customer, the seller sends to the latter, to the email address he has specified, confirmation of receipt of the order form and a copy of the contract to print.
The seller is required to send an invoice to the customer upon delivery.
The customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.
In the event of unavailability of a product, the seller will keep the customer informed by email as soon as possible in order to cancel the order for this product and refund the related price, the remainder of the order remaining firm and final.
The customer can always exercise his right of withdrawal within 30 days from the moment when information concerning the unavailability of the product was sent to him.
For any questions relating to the tracking of an order, the customer can contact customer service using the following contact details:
by telephone from Monday to Friday, from 9 a.m. to 5 p.m. at the following number: 04 84 89 47 93, by email: contact@orgasmair.com, by mail to EcomK 113 rue de la République 13002 Marseille
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online provision of the buyer's bank card number and the final validation of the order constitute proof of the customer's agreement, of the payment of the amounts due under the purchase order, signature and express acceptance of all operations carried out.
ARTICLE 6. PROOF OF TRANSACTION
Communications, orders and payments between the customer and the seller can be proven using computerized records, kept in the seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
ARTICLE 7. METHOD OF PAYMENT
All payment methods available to the customer are listed on the seller's website. The customer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when placing the order.
ARTICLE 8. DELIVERY
Delivery is only made after confirmation of payment by the seller's banking organization.
The products are delivered to the address indicated by the customer on the online form serving as an order form, the customer must ensure its accuracy.
Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the customer's expense.
Except in cases of force majeure, delivery takes place, according to the method chosen by the customer, within the following deadlines:
delivery Relay point: 3-5 days;
Standard Delivery: 2-4 days;
Express delivery: 1-2 days;
1. DELAY IN DELIVERY AND DENUNCIATION
In the event of late delivery, the seller will inform the customer, who may cancel the contract and ask to be reimbursed within 30 days of this cancellation.
The total refund of the product and delivery costs, or reshipment costs if applicable, is then made.
This termination of the contract must be sent in the following manner:
by telephone from Monday to Friday, from 9 a.m. to 5 p.m. at the following number: 04 84 89 47 93, by email: contact@orgasmair.com, by post to EcomK 113 rue de la République 13002 Marseille
Any denunciation not made in accordance with the rules defined above and within the allotted time limits cannot be taken into account and will release the seller from any liability towards the customer.
2. ORDER VERIFICATION
If at the time of delivery, the original packaging is damaged, torn or opened, the customer must then check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note.
The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.
Verification of the products is considered to have been carried out once the customer, or a person authorized by him, has signed the delivery note.
The customer must, where applicable, inform the seller of his reservations according to the following terms:
by telephone from Monday to Friday, from 9 a.m. to 5 p.m. at the following number: 04 84 89 47 93, by email: contact@orgasmair.com, by mail to EcomK 113 rue de la République 13002 Marseille
Any reservation not made in accordance with the rules defined above and within the deadlines cannot be taken into account and will release the seller from any liability towards the customer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the customer.
3. DELIVERY ERROR
In the event of a delivery error and/or non-compliance of the products with the indications appearing on the order form, the customer submits his complaint to the seller on the same day of delivery or at the latest on the first following working day. the delivery.
The claim may be made according to the following methods:
by telephone from Monday to Friday, from 9 a.m. to 5 p.m. at the following number: 04 84 89 47 93, by email: contact@orgasmair.com, by mail to EcomK 113 rue de la République 13002 Marseille
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the customer.
4. ORDER RETURN
The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, according to the following terms:
product returned by mail within 30 days from the date of delivery of the order, to the following address: EcomK 113, rue de la République 13002 Marseille
Any complaint or return not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the customer.
Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. Return costs are the responsibility of the customer.
ARTICLE 9. PRODUCT WARRANTIES
The seller guarantees the conformity of the products to the contract.
The customer can make a request under the legal guarantee of conformity, in accordance with the provisions of articles L. 211-4 of the Consumer Code, or under the guarantee of defects in articles 1641 et seq. of the Civil Code.
The customer is informed that the seller is not the producer of all the products presented within the meaning of Law No. 98-389 of May 19, 1998 relating to liability for defective products.
1. CONFORMITY GUARANTEE
The customer has a period of 2 years from delivery of the product to implement the legal guarantee of conformity.
As such, he can choose between repairing or replacing the good, under the conditions provided for in article L. 211-9 of the Consumer Code.
The customer is not required to provide proof of the existence of a lack of conformity, within 6 months (24 months from March 18, 2016, except for second-hand goods) following the date of issue of the product.
2. GUARANTEE AGAINST DEFECTS
The customer, if he implements the warranty against defects provided for in articles 1641 et seq. of the Civil Code, may choose between canceling the sale or reducing the price, in accordance with article 1644 of the Civil Code.
ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REFUND
If an ordered product is unavailable, the customer will be informed by email.
The customer will have the possibility of canceling his order and will thus have the choice between reimbursement of the sums paid by him within 30 days at the latest of their payment, or exchange of the product.
ARTICLE 11. RIGHT OF WITHDRAWAL
The customer can exercise his right of withdrawal and return of the product within 30 working days following delivery.
The customer will assert his right of withdrawal by contacting customer service:
by telephone from Monday to Friday, from 9 a.m. to 5 p.m. at the following number: 04 84 89 47 93, by email: contact@orgasmair.com, by mail to EcomK 113 rue de la République 13002 Marseille
After having communicated his decision to withdraw, the customer then has 30 days to return or return the goods.
Any withdrawal or return not made in accordance with the rules defined above and within the deadlines cannot be taken into account and will release the seller from any liability towards the customer.
The customer may request an exchange or refund of the returned product, without penalty, with the exception of return costs which remain their responsibility.
The return or exchange of the product can only be accepted for the products as a whole, intact and in their original condition, in particular with complete packaging, intact and in salable condition.
Certain products, due to their intrinsic quality, cannot be subject to the right of withdrawal and cannot be refunded, in particular but not exclusively, the products covered by article L. 121-21-8 of the Consumer Code to know :
any tailor-made product;
any product which cannot by its nature be reshipped;
any perishable product;
any video product;
any press product...
The seller must reimburse the customer for all amounts paid, including delivery costs, within 30 days of recovery of the goods or transmission of proof of shipment of these goods.
ARTICLE 12. FORCE MAJEURE
The parties will be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the civil code, prevents their execution. The obligations of the parties will be suspended.
The party which invokes such a circumstance must notify the other party immediately, upon its occurrence and its disappearance.
All irresistible, unforeseeable, unavoidable facts or circumstances which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law and in particular, the blocking of means of transport are considered to be cases of force majeure. or supplies, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunications networks.
If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
ARTICLE 13. PARTIAL NULLITY
If one or more stipulations of these general conditions of sale were to be declared void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain all their force and scope.
ARTICLE 14. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France in a stable and lasting manner to effectively carry out its activity, regardless of the location of its head office in the case of a legal entity.
Also, these General Terms and Conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention.
In the event of a dispute or complaint, the customer will contact the seller as a priority to obtain an amicable solution.
In the absence of an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings before the court of the place of headquarters. social status of the seller.
