General Terms and Conditions of Sale - Updated as of December 1, 2023

ARTICLE 1 - DEFINITIONS

These general terms and conditions of sale (hereinafter referred to as 'CGV') are proposed by the online shop l'arrière boutique. The email address is hello@larriere.boutique.

The company owns and publishes the website https://larriere.boutique (hereinafter "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 Adrien Aflalo.

The Site offers the Customer (hereinafter 'the customer') the opportunity to purchase original silicone creations for decoration or well-being, as they can be used as sex toys (hereinafter the 'Products'). Before using the Site, the Customer must ensure that they have the technical and computer means to use the Site and order the Products on the Site, and that their browser allows secure access to the Site. The Customer must also ensure that the computer configuration of their equipment is in good condition and does not contain any viruses.

ARTICLE 2 - APPLICATION AND OPPOSABILITY OF THE CGV

These CGV aim to define all the conditions under which the company markets the Products as offered for sale on the Site to Customers. They apply to any order ('Order') of Products placed on the Site by the Customer.

The Customer declares to have read and accepted these CGV before placing their Order.

The validation of the Order implies acceptance of these CGV. They are regularly updated, and the applicable CGV are those in force on the Site at the time of placing the Order.

Any condition contrary to that of the Customer would, in the absence of express acceptance, be unenforceable against the company regardless of when it may have come to its knowledge.

The fact that the company does not avail itself at a given time of any provision of these CGV cannot be interpreted as a waiver of subsequently relying on any provision of these CGV.

ARTICLE 3 - ORDERING PRODUCTS ON THE SITE

The company reserves the right to correct the content of the Site at any time.

The Products offered for sale are described and presented as accurately as possible. Since each Product is handmade using an artisanal process, the appearance of patterns and colors is unique for each creation. A slight variation between the Product received by the Customer and its photograph on the Site may occur. This does not engage the responsibility of the company and does not affect the validity of the sale. To order, the Customer must follow the following process:

1. Select the Product(s) of their choice and add them to their Order from their respective product page by clicking "Add to Cart."
2. Access the summary of their Order on the "Cart" page. Verify the details, prices, and quantities of the selected Products. The customer can correct any errors before accepting the order.
3. Validate the order by clicking "Proceed to Checkout."

After accepting the CGV and validating the Order with an obligation to pay, the contract is validly concluded between the company and the Customer and binds them irrevocably.

After validating their delivery and billing details, the Customer proceeds to pay for their Order according to the details specified below.

ARTICLE 4 - PRICE AND PAYMENT CONDITIONS OF THE ORDER

Prices are mentioned on the Site in the descriptions of the Products, in euros and all taxes included. The total amount is indicated in the Order summary before the Customer accepts these CGV, validates their Order, provides and validates their delivery and, if applicable, billing details, and proceeds to payment.This total amount is indicated all taxes included.

The Order of Products on the Site is payable in euros. The full payment must be made on the day of the Order by the Customer, by credit card, unless special sales conditions, the terms of which have been expressly accepted by the Customer and the company prior to the purchase.

In the case of payment by credit card, the Site uses the secure system of Shopify Payments, a provider specialized in securing online payments. This system guarantees the confidentiality of the Customer's banking information. The Customer's banking details are not stored electronically by the company.

The Customer guarantees the company that they have the necessary authorizations to use the chosen payment method when placing the Order.

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 amount due by the Customer to the company, in the event of a payment incident, or in case of fraud or attempted fraud related to the use of the site and the payment of an Order.

ARTICLE 5 - DELIVERY AND TIMING

The products offered on the Site can be delivered to countries in the European Union, Switzerland, the United Kingdom, the DROM (French Guiana, Martinique, Guadeloupe, Reunion, Mayotte), the COM (French Polynesia, Saint-Pierre-et-Miquelon, Wallis-et-Futuna, Saint-Martin, Saint-Barthélemy), and New Caledonia. Manufacturing times may vary from a few days to four weeks.

Delivery times are approximately two days for Metropolitan France and five days for Europe. These times are indicative and do not bind the company.

Colissimo or Mondial Relay manages the delivery of the ordered product(s). The tracking number provided by the carrier will be communicated to the Customer for tracking their delivery.

The ordered products are delivered to the delivery address indicated by the Customer when placing their Order.

The company will not be responsible if the non-reception of the Products is due to the actions of a third party or in the event of theft.

In the event of the Order's return due to the Customer's absence, the company's customer service will contact the Customer for a second delivery at the Customer's expense.

ARTICLE 6 - CUSTOMER SERVICE

For any information, clarification, or complaint, the Customer must contact the company's customer service. The company's customer service can be reached at the following email address: hello@larriere.boutique.

This step must be taken as a priority.

ARTICLE 7 - LEGAL AND COMMERCIAL WARRANTIES

All products offered by the company are subject to the legal guarantee of conformity provided for by law, in particular, articles L. 217-4, L. 217-5, and L. 217-12 of the Consumer Code, and the guarantee of hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code.

The non-compliant product will be replaced according to the terms provided for in the provisions of articles L. 217-11, L. 217-12, and L.217-13 of the Consumer Code.

If a Customer believes they have received a product they consider defective or non-compliant, they must contact the company as soon as possible after receiving the Order, at the following email address: hello@larriere.boutique, specifying the defect or non-compliance in question.

It is up to the Customer to provide any justification regarding the designation of apparent defects and/or anomalies observed. The Customer must allow the company every facility to ascertain these defects or non-conformities and remedy them if necessary. The Customer shall refrain from intervening themselves or having a third party intervene for this purpose, which would render null and void the provisions relating to the legal guarantee of conformity.

If the defects and/or anomalies are confirmed by the company, it will then send the Customer instructions on how to proceed after receiving the claim and, if necessary, will proceed to replace the product that the company has found to be defective or non-compliant.

ARTICLE 8 - CUSTOMER OBLIGATIONS

The Customer agrees to respect the terms of these CGV. The Customer agrees to use the Site in accordance with the instructions of the company. The Customer agrees that they will only use the Site for their personal use, in accordance with these CGV. In this regard, the Customer agrees to refrain from:

1. Using the Site in any illegal manner, for any illegal purpose, or in any way inconsistent with these CGV.
2. Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing all or part of the content on the Site, or decompiling, disassembling, dismantling, modifying, displaying in a form readable by the Customer, attempting to discover any source code, or using any software that activates or includes all or part of the Site.
3. Attempting to obtain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality or interferes with the performance, or impairs the functionality of the Site.
4. Using the Site for abusive purposes by intentionally introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.
5. Infringing on the intellectual property rights of the company and/or reselling or attempting to resell products to third parties.
6. Denigrating the Site and/or the products, as well as the company, on social networks and any other means of communication.
   
   If, for any reason, the company considers that the Customer does not comply with these CGV, the company may at any time, and at its sole discretion, remove their access to the Site and take any measures, including any civil and criminal actions against them.

ARTICLE 9 - RIGHT OF WITHDRAWAL AND RETURNS

In accordance with Article L. 221-28 of the Consumer Code, the right of withdrawal provided for in Articles L.221-18 and following of the Consumer Code cannot be exercised, in particular, for contracts:

1. For the supply of goods made to the consumer's specifications or clearly personalized.
2. For the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection.

The Products sold by the company fall within the exceptions provided for in Article L. 221-28 of the Consumer Code; therefore, the right of withdrawal does not apply to these products. The company does not accept returns on these products under the right of withdrawal.

ARTICLE 10 - LIABILITY

The company implements all measures to ensure that the Customer is provided with product(s) of quality under optimal conditions. However, it cannot, under any circumstances, be held liable for any non-performance or improper performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party external to the contract, or to a case of force majeure. More generally, if the company's liability were to be engaged, it could under no circumstances accept indemnifying the Customer for indirect damages or damages whose existence and/or amount would not be established by evidence. The company shall not be held responsible for damages caused by the misuse of one of its products or by non-compliance with usage precautions and conditions of hygiene, storage, and safety when using one of its Products/Services. The Site may contain links to other sites not edited or controlled by the company, which cannot be held responsible for the operation, content, or any item present or obtained through these sites. The establishment of such links or the reference to any information, articles, or services provided by a third party cannot and should not be interpreted as an express or tacit endorsement by the company of these sites and their elements or their contents. The company is not responsible for the availability of these sites and cannot control their content or validate the advertising, the product(s), and other information disseminated on these websites. It is expressly stipulated that the company cannot under any circumstances be held responsible, in any way, for the case where the computer equipment or the electronic mail of the Customers would reject, for example due to anti-spam, the emails sent by the company, and notably, without this list being exhaustive, the copy of the payment receipt, the summary of the Order, or the email for shipment tracking. The Customer is fully aware of the provisions of this article and notably the guarantees and limitations of liability mentioned above, 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 carry out any fraudulent access and/or maintenance in the company's information system. The Customer may not harm or hinder the company's information system. Otherwise, the company may take any measures against them, including engaging its criminal liability under articles 323-1 and following of the Criminal Code.

ARTICLE 12 - INTELLECTUAL PROPERTY AND PERSONAL DATA

All elements of this Site and the Site itself are protected by copyright, trademark law, design and model law, and/or any other intellectual property rights. These elements are the exclusive property of the company. All of these rights are reserved worldwide.

No title or right of any kind to any element or software will be obtained by downloading or copying elements of this Site. It is strictly prohibited for the Client to reproduce (except for personal and non-commercial use), publish, edit, transmit, distribute, display, remove, delete, add to this Site and to the elements and software it contains, modify them or perform any work based on them, or sell or participate in any sale related to this Site, the elements of this Site, or any software related thereto.

The company grants the Client a non-exclusive license to use the Site. This license is strictly personal and cannot be assigned or transferred 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 undertakes, in accordance with GDPR regulations, to respect the privacy of the Client and protect personal data, which may directly or indirectly identify the person.

In the context of the order, the company is intended to collect personal data from the Client. The company undertakes to protect the personal data of clients.

Files containing personal data necessary for the order are notably kept on the servers of the Site's host. This provider ensures compliance with the provisions of the General Data Protection Regulation (GDPR). The company does not disclose or trade the personal data of clients.

At the order stage on the Site, the Client expressly consents to the collection and processing of his personal data necessary to place orders.

The personal data collected by the company aims to enable the completion of the order. Different personal data will not be kept 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 proving your identity, every Client, regardless of nationality, has the right of access, modification, and deletion of their personal data. Each Client also has the right to request limitation of the processing of their data and, furthermore, the right to data portability and the right to object to the processing of personal data concerning them.

For the purpose of implementing this clause and, in particular, ensuring the confidential treatment of Client data, the company has designated, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer, who can be contacted at the following address: hello@larriere.boutique

ARTICLE 13 - NEWSLETTER

By ticking the box provided for this purpose or by expressly giving their consent, the Client agrees that the company may send them a newsletter (information letter) at a frequency and in a form determined by it, containing information related to its activity.

When the Client ticks 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 GTC are governed and interpreted in accordance with French law. In the event of a dispute, French courts shall have exclusive jurisdiction.