Terms of Sales

Between the Womanology Society,

215 route de Paris, 27000 Evreux,

with a share capital of €1,000,

registered in the Trade and Companies Register of EVREUX,

under SIRET number 920 551 868 00036

represented by Ms. Vanessa Dubs

as a pr resident ,

duly authorized for the purposes hereof.

The company can be contacted by email by clicking on the contact form accessible via the home page of the site.

Hereinafter the “Seller” or the “Company”.

On the one hand,

And the natural or legal person purchasing products or services from the company,

Hereinafter, “the Buyer”, or “the Customer”

On the other hand,

It was stated and agreed as follows:

PREAMBLE

The Seller is the publisher of Womanology Products and Services for consumers, marketed through its websites (https://www.womanologyfrance.com/). The list and description of the goods and services offered by the Company can be consulted on the aforementioned websites.

NOTE: The company's activity is presented and explained as well as the destination of the products - these obligations are imposed by art. L111-1 consumer code .

Article 1: Purpose These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.

NOTE: Here we detail the object of the contract which is the online sale of Products and Services by the Seller

Article 2: General provisions These General Terms and Conditions of Sale (GTC) govern the sales of Products or Services made through the Company's websites and are an integral part of the Contract between the Buyer and the Seller. They are fully binding on the Buyer who has accepted them before placing an order.

The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable T&Cs are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These T&Cs are available on the Company's website at the following address: https://www.womanologyfrance.com/

The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares to have read all of these General Conditions of Sale, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation.

The Client acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs.

The Client declares that he is able to legally contract under French law or validly represent the natural or legal person for whom he is committing.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Price 

The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities . The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Customer. Also, where applicable, delivery costs.

Article 4: Conclusion of the online contract 

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place his order: – Information on the essential characteristics of the Product; – Choice of the Product, if applicable, of its options - Indication of the Customer's essential contact details (identification, email, address, etc.); – Acceptance of these General Conditions of Sale – Verification of the elements of the order (double-click formality) and, if necessary, correction of errors. Before proceeding with his confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. Confirmation of the order will result in the formation of this contract. – Then, followed by instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale.

During the ordering process, the customer will have the opportunity to identify any errors made in data entry and to correct them. The language offered for the conclusion of the contract is French.

The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to submit are available in the "additional rules" section of these General Terms and Conditions, available on the Seller's website at the following address:

Article 4: Conclusion of the online contract In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place his order: – Information on the essential characteristics of the Product; – Choice of the Product, if applicable, of its options - Indication of the Customer's essential contact details (identification, email, address, etc.); – Acceptance of these General Conditions of Sale – Verification of the elements of the order (double-click formality) and, if necessary, correction of errors. Before proceeding with his confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. Confirmation of the order will result in the formation of this contract. – Then, followed by instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale.

During the ordering process, the customer will have the opportunity to identify any errors made in data entry and to correct them. The language offered for the conclusion of the contract is French.

The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to submit are available in the "additional rules" section of these General Terms and Conditions, available on the Seller's website at the following address:

Article 4: Conclusion of the online contract In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place his order: – Information on the essential characteristics of the Product; – Choice of the Product, if applicable, of its options - Indication of the Customer's essential contact details (identification, email, address, etc.); – Acceptance of these General Conditions of Sale – Verification of the elements of the order (double-click formality) and, if necessary, correction of errors. Before proceeding with his confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. Confirmation of the order will result in the formation of this contract. – Then, followed by instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale.

During the ordering process, the customer will have the opportunity to identify any errors made in data entry and to correct them. The language offered for the conclusion of the contract is French.

The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to submit are available in the "additional rules" section of these General Terms and Conditions, available on the Seller's website at the following address: https://www.womanologyfrance.com/

The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.

For delivered products, delivery will be made to the address indicated by the Customer. For the purpose of proper execution of the order, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.

For delivered products, delivery will be made to the address indicated by the Customer. For the purpose of proper execution of the order, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.

For delivered products, delivery will be made to the address indicated by the Customer. For the purpose of proper execution of the order, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products and services 

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or any other appropriate process, of the prices and specific conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The sale price of the product is the one in effect indicated on the day of the order, this does not include shipping costs charged in addition. These possible costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page regarding the delivery dates of the products or services. The customer confirms having received a breakdown of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of this sale. The Seller undertakes to honor the Customer's order within the limits of available stocks of Products only. Failing this, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller will reimburse the customer.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices are specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the email address provided).

Article 6: Conformity

In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these General Terms and Conditions of Sale comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for any lack of conformity and hidden defects in the product.

In accordance with Article L.217-4, the seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

In accordance with the legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller will refund or exchange defective products or those that do not correspond to the order. The refund can be requested in the following manner: (describe the refund procedure, and how the product should be returned, and the refund of shipping costs if applicable).

Article 7: Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 8: Delivery terms

The products are delivered to the delivery address indicated when ordering and within the timeframes indicated. These times do not take into account the order preparation time. In the event of a shipping delay of more than one week, the Customer has the option to cancel the order. In the event of a delay in delivery, the Customer has the option of terminating the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. The Seller will then refund the product and the "outbound" costs under the conditions of the provisions of Articles L216-3 and L241-4 of the Consumer Code. The Seller will provide a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure the order is followed up. The Seller reminds that at the time the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.

Article 9: Availability and presentation

If an item is unavailable for a period exceeding 7 working days, you will be immediately notified of the expected delivery time and the order for this item may be cancelled upon simple request. The Customer may then request a credit note for the amount of the item or a full refund and cancellation of the order.

Article 10: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer can pay by credit card or PayPal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted according to industry standards and cannot be read during transport over the network (describe the process). Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount relating to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately terminated and the order cancelled.

Article 11: Withdrawal period

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company as follows: bonjour@womanology.fr. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for products already used. és. In the event of exercising the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.); they must, if possible, be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you will find below the standard withdrawal form to send to us at the following address: bonjour@womanology.fr. Refund procedure: refund issued on the same payment method used during the purchase.

Article 12: Guarantees

In accordance with the law, the Seller assumes the guarantees of conformity and relating to hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made as follows: by email bonjour@womanology.fr The Seller reminds the consumer that: – he has a period of 2 years from the delivery of the goods to take action with the Seller – that he can choose between the replacement and the repair of the goods subject to the conditions provided for by the aforementioned provisions. apparently defective or do not correspond – that he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. – that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016 – that the consumer can also assert the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between the cancellation of the sale or a reduction in the sale price (provisions of Article 1644 of the Civil Code).

Article 13: Complaints and mediation 

If necessary, the Buyer may submit any complaint by contacting the company using the following contact details: bonjour@womanology.fr

In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.

If the complaint request to the Seller's customer service is unsuccessful, or if there is no response within two months, the consumer may submit the dispute to a mediator. FEDERATION OF TRADE AND DISTRIBUTION ENTERPRISES who will attempt, in complete independence, to bring the parties together with a view to obtaining an amicable solution.

Article 14: Termination of the contract

The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases: — delivery of a product not conforming to the characteristics of the order; — delivery exceeding the deadline set when ordering or, failing that, within thirty days of payment; — unjustified price increase or modification of the product. In these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

Article 15: Intellectual property rights 

The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these T&Cs. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

Article 16: Force majeure 

The performance of the seller's obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.

Article 17: Nullity and modification of the contract

If one of the provisions of this contract were to be cancelled, this nullity would not entail the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written agreement signed by the parties.

Article 18: Protection of personal data

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a personal data processing operation for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following: the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these T&Cs; - the contact details of the data protection officer: XXX - the legal basis for the processing: contractual performance - the recipients or categories of recipients of the personal data, if any: the data controller, its marketing departments, the IT security departments, the department responsible for sales, delivery and ordering, the subcontractors involved in delivery and sales operations and any authority legally authorized to access the personal data in question - no transfer outside the EU is planned - the data retention period: the time of the commercial prescription - the data subject has the right to request from the data controller access to personal data, rectification or erasure of such data, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the preparation of the invoice (legal obligation) and delivery of the ordered goods, otherwise the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.

Article 18: Applicable law and clauses 

All clauses appearing in these general conditions of sale, as well as all purchase and sale transactions referred to therein, will be subject to French law.

The invalidity of a contractual clause does not entail the invalidity of these general conditions of sale.

Article 19: Consumer information

For the purpose of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 of the Civil Code: An action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.

Article L. 217-4 of the Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code: The good is in conformity with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable:

  • if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
  • if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed after two years from delivery of the goods.

Article L. 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.