These general conditions of sale (hereinafter the "General Conditions") apply exclusively to the sale of products and services (hereinafter the "Products" and the "Services"), concluded between the company Rituais Florescentes – Unipessoal Lda (referred to on this site as the "Company", the "Seller", "We", "Our" and "Our") and the end user or purchaser (hereinafter the or the “Client(s)”) from the website https://lecomptoirdesamants. com (hereinafter the “Site”), excluding professional customers.
This Site (online concept store), including all information, tools and services are available to you, the user, the customer subject to your acceptance of all terms and conditions , terms, policies and notices set forth herein.
We recommend that you print a copy of these terms and conditions for your reference. The use of your personal information provided for or through the Site is governed by our Privacy and Cookies Policy.
All orders on the Site are subject to these General Terms and Conditions of Sale (GTC). These are subject to modifications and updates, the conditions applicable to the order of a product by a customer are those in force on the day of the order. The updated Terms will supersede all previous versions of the Terms.
1. 1 These General Terms and Conditions of Sale (“the GTC”), which can be viewed on the Site, determine the rights and obligations of the parties in connection with the online sale of the Seller's products and services via its lecomptoirdesamants Site. com and buyers having the quality of consumers (the Customers).
1. 2. Use of the Site (including accessing, browsing or registering to use the Site) and any order placed on the lecomptoirdesamants website. com assumes the prior and unrestricted acceptance of these General Conditions of Sale. These T&Cs therefore form an integral part of the contract between the customer and the Company. They are fully opposable to the Customer who declares to have read them and to have accepted them, without restriction or reservation by ticking the box "I accept the General Conditions of Sale" before the implementation of the online ordering procedure.
1. 3. Any deviation, contradiction or supplement to these T&Cs will render a contract invalid, unless otherwise arranged by prior agreement between the Customer and the Seller.
1. 4. These T&Cs apply to any order placed by an adult natural person acting as a consumer. The Customer therefore certifies that he is a natural person over the age of 18, acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges having the full capacity to commit when he places an Order and undertakes to provide truthful elements as to his identity.
1. 5. These General Conditions are written in French in their original version which alone is authentic, taking precedence over any other version translated into a foreign language.
1. 6. If any stipulation of these General Conditions is declared null or void, whatever the legal basis, by a Court or any other administration or authority, such a decision will in no way affect the validity of the other stipulations.
2. CONCLUSION OF CONTRACT
2. 1 We reserve at our sole discretion the right to modify our offer at any time without the obligation of advance notice.
2. 2. In order to place an order, the Customer undertakes to communicate via the Site only the real and valid information necessary for the performance of the service covered by these GCS.
2. 3. To purchase one or more products and services on the site, the Customer selects each product or service and adds it to his basket. To proceed with the order, he must confirm his basket (1st click). The Customer is redirected to a page summarizing the products and services selected, the corresponding prices, terms and delivery costs. At this stage, it is up to him to check the contents of his basket and possibly correct it.
Careful reading of these T&Cs is recommended before validating the entire order, which constitutes conclusion of the Contract resulting in a payment obligation on the part of the Customer.
When redirected to the payment page, the Customer has the choice between the different payment methods offered for his order.
After validation of his order and payment made, the customer receives by email (at the address indicated when creating the account), the receipt of his request. Please note that the receipt of this first email does not mean that the agreement has been concluded. The contract is concluded by sending an order confirmation or by preparing the products for delivery. The order cannot be modified or cancelled, except under the express conditions provided for in the T&Cs. In the event of non-receipt of the confirmation of the Order, it is recommended that the Customer contact us via the contact form on the site.
The Customer then receives a purchase invoice sent in electronic form which it is strongly advised to keep as proof of the Contract.
2. 4. We reserve the right to refuse your Order for any legitimate reason (Order not in accordance with the GCS; quantities ordered not corresponding to normal use by a consumer Customer; non-payment or ongoing dispute concerning a previous Order)
2. 5. The responsibility of the Company cannot be engaged in the event of technical difficulties encountered by the Customer on the Site during the order, whatever the causes, in particular in the event of the occurrence of "bugs" or lack of capacity of the device used to retrieve information.
3. SPECIFICATIONS AND AVAILABILITY OF PRODUCTS AND SERVICES
3. 1 The essential characteristics of the goods and services, the prices, if necessary the information of use of the products are made available to the Customer on the Site. The descriptions and photographs on the Site are as faithful to reality as possible. However, the colors, dimensions, textures and other characteristics of the Products may be altered by the screens or internet browsers used to view them. For the artisanal creations on sale on the Site, made by hand, certain lengths indicated may experience small variations.
3. 2. Some materials used may have irregularities inherent to their natural character or to the artisanal method of manufacture. The Customer thus acknowledges that the photographs, descriptions or videos accompanying and illustrating the products offered for sale on the Site are indicative and non-contractual and cannot engage our liability in the event of error, omission or modification.
3. 3. The offers of products and services are valid while stocks last and their availability is indicated on the specific page of the product or service. The permanent or temporary unavailability of a product does not in any way engage the responsibility of our Company and does not entitle the Customer to compensation or damages. In the event of exceptional unavailability of the Product(s) / Service(s) ordered, the Customer will be informed by e-mail or telephone, as soon as possible, upon receipt and validation of the order.
3. 4. In any case, the Customer is invited to contact the Company at the contact details referred to in the legal notice for any question and/or additional clarification concerning the Products and Services.
4. PRODUCTS AND SERVICES OF AFFILIATE PARTNER SITES
4. 1 Any product or service offered on our Site that is the subject of an affiliate partnership with a third-party supplier or service provider will be indicated in its description.
4. 2. In the event of our Customer being redirected to the partner site, it is strongly recommended that the Customer read the T&Cs of the partner site before the final validation of the order.
4. 3. Certain products or services from affiliate partner sites cannot be combined in the same basket as the items and services that our Company sells directly.
5. PRICES OF PRODUCTS AND SERVICES
5. 1 The prices displayed on our lecomptoirdesamants website. com are indicated in EURO (€) excluding delivery costs. They may vary. The calculation of prices is based on the list of prices and discounts in force on the day of delivery or value added tax (VAT) as stipulated by the Seller.
5. 2. All orders placed on our site are payable in EURO.
5. 3. We reserve the right to modify the prices of products and services at any time, in compliance with applicable legislation. The products and services ordered will be invoiced on the basis of the price in effect on the site at the time of validation of the Order.
5. 4. The prices of the services do not include VAT, the prices of the products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be entirely the responsibility of the Customer. , who is liable for these taxes as the recipient of the product.
5. 5. The prices of the product(s) do not include the cost of shipping, transport, insurance and delivery of the product(s) to the delivery address.
5. 6. In the event of a pricing error or incorrect product or service information due to a typographical or system error, we reserve the right to cancel any order containing incorrect information, without further obligation to the customer, even after receipt of an order confirmation or shipping notice.
5. 7. The Customer is solely responsible for the process of declaration and payment of import VAT during the customs clearance of the products ordered. He may be asked to pay import VAT. Insofar as this tax is not the responsibility of the Seller, he cannot be held liable for reimbursement of this tax.
For all products shipped outside the European Union, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. We have no control over these duties and cannot predict them, as customs policies vary greatly from country to country. They will be the responsibility of the Customer and are his responsibility (declarations and payment to the competent authorities). We invite the Customer to inquire about these aspects with the corresponding local authorities.
6. 1 The price of Products and services including all taxes (TTC) is payable in Euros (€) and must be paid in full on the day of the online order. As such, it is expressly reminded that, in the event that the debit of the price including all taxes is impossible at the time of placing the order (opposition, bank refusal, etc. …), the online sale will be immediately resolved as of right, and the order canceled, without the Customer being able to claim any compensation in this regard. Constitutes a payment within the meaning of this article the effective provision, with the Company, of the funds corresponding to the price including all taxes.
6. 2. The information relating to the Customer's bank card and communicated by him on the Site constitutes authorization for Rituais Florescentes - Unipessoal Lda to debit his account for the full amount of his order.
6. 3. Payments are made at the Customer's choice, via Paypal, by credit card via the Stripe online payment solution or by MB WAY. We reserve the right to exclude specific means of payment. The Customer accesses a secure dedicated space made available by a banking establishment, which ensures the security and recording of the payment order. The Customer's bank card is debited at the time of validation of the order for the full amount and the sums paid can at no time be considered as a deposit or installments.
To use the Paypal payment method, our customers must register with paypal. Fr By choosing PayPal as the payment method, the customer accepts PayPal's conditions. The products will be delivered as soon as the total amount has been fully credited to our Paypal account.
6. 4. The Stripe online payment solution benefits from the "3D SECURE" system which makes it possible to secure the Customer's purchase, by means of a verification code sent to his mobile phone number and which must be entered by the Customer to continue. and validate their purchase on the Site.
The price including all taxes (TTC) of the Products ordered is debited from the Customer's bank card, after verification of the latter's data, upon receipt of the debit authorization from the issuing company of the credit card used by the Customer.
In accordance with legal provisions, the commitment to pay given by means of a payment card is irrevocable.
By communicating the information relating to his bank card, the Customer authorizes the Company or its service provider to debit his bank card for the amount corresponding to the total price, all taxes included (TTC) of the Products ordered. To this end, the Customer confirms that he is the holder of the bank card to be debited, and that the name appearing on the bank card is indeed his.
Our items are shipped from Portugal and Spain.
Unless otherwise stated, the prices displayed on our site include VAT and exclude shipping costs. The actual delivery costs will be presented to the customer before the validation and payment of his order.
All orders are shipped in a neutral package, without the mention "Le Comptoir des Amants ".
Our packages are shipped from Monday to Friday inclusive (excluding weekends and public holidays).
The delivery time does not include the preparation time of an average of 24 hours and does not constitute an exact deadline or any commitment. During the holiday season, delivery times may be affected.
Please note that outside the EU, international customs duties must be taken into consideration as they may cause shipping costs to vary. In the case of returned products, the seller reserves the right to charge the customer an amount of 20€ for shipping, if the return does not exactly meet the requirements set out in the Return Policy.
To find out more about delivery times and costs, you can consult the Delivery and returns page.
The Customer must ensure that the information provided for the delivery is correct (surname, first name, address, telephone number). If this information does not allow the carrier to ensure delivery, the package will be returned to us and the delivery costs cannot be refunded.
Our Company cannot be held responsible for delays due to postal service strikes or other imponderables provided for by legislation on the transport of goods and merchandise.
Customs restrictions: some laws restrict the import of erotic products. Find out about the legislation in force in your country before ordering on the Site.
8. TRANSFER OF RISKS
8. 1 The customer is responsible for the immediate verification of the package and the products upon delivery, in order to determine the correct conformity of the order. At the slightest disagreement, the customer must not accept the package and must describe all the defects (for example if it shows signs of tampering, if the product is damaged, if items are missing, or if the products are different those ordered and/or those indicated on the delivery note), by listing them directly on the carrier's declaration slip. Keep in mind that the accidental risk of loss or damage to the item purchased is the responsibility of the customer when delivering the package. It is advisable to take photos of the damaged package or product upon receipt and attach them to your complaint letter/email.
8. 2. The risk of accidental loss or damage to the products until delivery passes when the products/packages are handed over to the carrier, freight, or other party performing the shipment.
9. CUSTOMER SERVICE
For any information or questions, our customer service is at your disposal by e-mail via the address: contact@lecomptoirdesamants. com
10. SATISFIED OR REIMBURSED
In accordance with the legislation in force, the Customer has a period of fourteen (14) clear days (from the date of receipt) to exercise his right to withdrawal and request the exchange or refund of his order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the first working day of the week. Note that the simple return of the goods without declaration, or the refusal to receive the delivery, are not enough to express your desire to retract.
This right of withdrawal is only valid provided that the returned item is in perfect condition for resale, in its original packaging, unopened, unmanipulated or put on charge, complete, labeled , new, unworn, unwashed, unstained and with all its original accessories.
According to the law in force, the right of withdrawal excludes any goods that you have opened and which cannot be returned for hygiene reasons: underwear, cosmetics, wellness products, aphrodisiacs, sex toys, etc. Withdrawal is further excluded for the supply of goods / services made to consumer specifications or clearly personalized, for digital content provided on an immaterial medium whose execution has begun with your consent.
After our validation of the Customer's withdrawal request (downloadable withdrawal form to be completed), the return can be made accompanied by the original invoice to the following address:
Rituais Florescentes – Unipessoal Lda
Rua Pinheiro Chagas, 27, 3 andar Dir – 1050-178, Lisboa, Portugal
As part of the exercise of his right of withdrawal, the Customer must pay return costs.
In case of return of part of the order, our Company will refund the delivery costs paid during the initial order in proportion to the number of items returned.
Any complaint for a product missing or damaged during delivery must be made by email (contact@lecomptoirdesamants. com) within 48 hours of receipt of the package. The Customer must keep the acknowledgment of receipt of his complaint sent by email. After this period, no complaint can be accepted.
The customer will ensure the correct labeling and packaging of the returned package in order to protect it during its transport. We cannot be held responsible for the loss or damage of the returned package.
Our Company reserves the right to refuse your return at any time if these conditions are not met. If the return is refused upon receipt of the latter, the product will be returned as is at the expense of the Customer.
We guarantee to issue a refund via the same type of payment used for purchase within a maximum of 14 days from the date the return is processed.
The products offered on the Site comply with the Portuguese legislation in force and the standards applicable in Portugal. All our products attest to NF or CE standards. The customer will find instructions for use with most of the products delivered. We can in no way be held responsible for the misuse of the products for sale on the Site, in particular the use for a use other than that intended by the manufacturer of the product, or the non-respect of the storage and security instructions of the product. The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, our responsibility cannot be engaged in the event of an error or omission in any of these photographs, texts, graphics, information or characteristics of the products or in the event of modification of the characteristics of the products by the manufacturers. It is possible for any questions about the products or our offer to contact our Customer Service.
We disclaim all responsibility for the content of sites to which hypertext links may refer from our own site. Our Company cannot be held responsible for the non-performance of the contract concluded in the event of disruption, total or partial strike in particular of postal services, means of transport or communications, flood, fire and any other case of force majeure.
We cannot be held responsible for any loss or damage caused by a denial of service attack, such as DDOS ("Distributed Denial Of Service attack"), virus or other technologically harmful material, which may infect your computer equipment, your computer programs, data or other materials, and which would be due to the use of this website or the downloading of any element accessible on this website or on a linked site.
12. INTELLECTUAL PROPERTY RIGHTS
All texts, comments, works, illustrations and images reproduced on the lecomptoirdesmants website. com are reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized subject to different, or even more restrictive, provisions of the Intellectual Property Code. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property unless prior authorization from Rituais Florescentes – Unipessoal Lda.
No assignment of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of the content of our Site for any reason whatsoever is strictly prohibited.
Customer or Visitors may post comments or other content; send communications, and submit suggestions, ideas, questions or any other information so long as such content is not unlawful, obscene, abusive, threatening, defamatory, libelous, infringing intellectual property rights, or harmful to third parties or objectionable and does not consist of or contain computer viruses, political activism, commercial solicitations, chain letters, mass mailings or any other form of "spam". You must not use a false email address, impersonate any person or entity, or lie about the origin of any credit card or content.
If you post on our Site and our social networks customer comments, questions, answers or any other content (including any image, video or audio recording) generated by you, you grant Rituais Florescentes – Unipessoal Lda, a non-exclusive and free license to use, reproduce, publish, make available, translate and modify this content worldwide. No moral rights are transferred by the effect of this clause.
You can remove your content from public view. You represent and warrant that you own or have the necessary rights to the content you post which is not defamatory and will not harm any natural or legal person.
14. RETENTION OF OWNERSHIP
The products remain the property of our Company until full payment has been received. Failure to pay the full amount may result in the claim of the goods by our Company, the restitution being immediate and the goods delivered at your expense, risk and peril. During the period from delivery to transfer of ownership, the risk of loss, theft or destruction, as well as the damage you may cause remain your responsibility.
15. PROTECTION OF MINORS
Anyone visiting the love-shop site. fr declares to be an informed and adult public over the age of 18 or with the legal authorization of their parents or legal guardian.
Our Company makes certain commitments regarding your minor children by not disclosing any shocking content in product sheets, any provocative photos of naked models, any writing of vulgar descriptions and any pornographic content.
Your responsibility as parents is to monitor the sites visited by your children.
However, to ensure that your children can access the Internet with peace of mind, you can install parental control and filtering software to limit your children's access to certain sites or content.
According to legal provisions, parents have the possibility of canceling an order placed by a minor by contacting our customer service (contact@lecomptoirdesamants. com)
Our Company, our Site cannot be held responsible in the event that the minor individual has confirmed his information (date of birth) and has in any case filled in false information to purchase products intended for adults by changing its birth value.
16. APPLICABLE LAW
These General Conditions and the sales of products and services resulting therefrom, are exclusively governed by the provisions of Portuguese law.
17. DISPUTE RESOLUTION
17. 1 For any dispute relating to the validity, interpretation, execution, non-execution, interruption and/or termination of these General Conditions and of all the sales of products and services governed by them, only the Portuguese courts will be competent and determined in accordance with the rules of Portuguese civil procedure.
17. 2. Prior complaint and possibility of mediation: any complaint must be sent by the Customer by registered letter with acknowledgment of receipt to the Company's customer service department at the address mentioned in article 10 above.
If he does not obtain satisfaction following the complaint addressed, the Customer is expressly informed of the possibility he has of submitting the dispute he encounters under these General Conditions and/ or resulting sales to a mediation procedure.
This mediation procedure, which is not a mandatory prerequisite before the introduction of litigation, is only intended to try to bring the parties together with a view to reaching an amicable solution. Consequently, it is expressly recalled that both the Company and the Client remain free to accept or refuse recourse to mediation, as well as, in the event of effective recourse to mediation, to accept or refuse the solution.