GENERAL CONDITIONS OF A SALE

 

Article 1 – PREAMBLE

These general conditions of sale (GCS) are applicable exclusively for the online sale of YESforLOV products on the website www.yesforlov.com. The GCS are available on the site where they can be found by costumers; they can also be verbally communicated upon request. The GCS are enforceable because when making a purchase, the customers are required to tick a box, therefore acknowledging that they have been made aware of the GCS and accept them. The validation of the order through its confirmation proves the buyers acceptance of the GTC which was in force on the day of the order; the conservation and reproduction of them is ensured by YESforLOV.

 

Article 2 – PRODUCTS

www.yesforlov.com is an online sales site of products dedicated to intimacy (hereinafter the "Product(s)") open to any legal person using the Site www.yesforlov.com (the "Customer").

The products presented on the site each include a description which describes their essential characteristics. The photographs, if any, illustrating the products do not constitute as a contractual document. The products comply with the requirements of the French law.

The customer remains responsible for the terms and consequences of their access to the site, via the internet. Accessing the sight might require one to make payment to technical service providers, such as internet service providers, which sall remain at the customers expense. In addition, the customer must be fully responsible for the equipment necessary to connect to the sight.

 The customer acknowledges having verified that the computer configuration they use is secure and in working order.

 

 Article 3 – ORDERS

 YESforLOV strives to ensure the optimal availability of its Products. Product offers are valid within the limits of what’s available in stock.

 In the event that a product becomes unavailable after placing an order, YESforLOV will inform the Customer by email. The price of your order will then be recalculated, and you will be charged the new amount minus the products that are missing. The customer will be fully refunded for the product(s) that is unavailable.

 It is agreed that apart from refunding the unavailable product, YESforLOV is not liable for any cancellation compensation.

 With the exception of any contrary mention in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.

 To place an order, the Customer must select the products they want to buy and add them to their basket. This indicates that they have selected the products and have chosen their desired quantities. The Customer has the possibility to check the details of their order and its total price, and then to return to the previous pages to possibly change the contents of their order before validating it.

 It is the customers responsibility to read the General Terms and Conditions of Sale before confirming that they accept them; this also includes any delivery and withdrawal costs made clear prior to payment of their order. The confirmation of the order then entails acceptance of the GTC and registration on our information systems.

 The contractual information relating to the order (including, in particular, the order number) will be confirmed by email.

 Any email that is sent to the Customer as part of their order will be sent to the email address that the used and confirmed on the YESforLOV website when making their order.

 YESforLOV archives contracts for the sale of Products in accordance with applicable legislation. By making a request to the following address contact@yesforlov.com, YESforLOV will provide the Customer with a copy of the contract that is the subject of the request.

 The information communicated by the Customer when placing the order (in particular their name and delivery address) confirms the customers responsibility. Thus, YESforLOV can in no way be made responsible in the event that a costumer makes an error when placing an order, which could prevent delivery/deliveries and cause delays.

 The Customer declares to have full legal responsibility, allowing them to commit to these General Conditions.

 Registration is open to adults. Under no circumstances is registration permitted on behalf of third parties unless you are legally authorised to represent it (e.g. legal person). Registration is strictly personal to each Customer.

 

Article 4 – TERMS OF PAYMENT AND SECURITY

 The Customer legally acknowledges that any order placed on www.yesforlov.com is an order with payment obligation, which requires them to pay the price of the product in return for the product that was ordered.

 In any case, YESforLOV reserves the right to check the validity of the payment, before the shipment of the order, by any means necessary.

 YESforLOV uses the online payment solutions PayPal and MOLI.

 Orders can be paid for using one of the following payment methods:

• Payment by credit card. Payment is made directly on the secure servers of the payment provider Mollie, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, the contact details are not accessible to third parties.

The Customer's order is recorded and validated upon acceptance of payment by the payment provider Mollie.

 The Customer's account will be debited the corresponding amount only when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank that issued the credit card.

 The inability to collect the sums due will immediately nullify the sale.

 In particular, the credit card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled, or if the data entered is incorrect.

 

• Payment by PayPal. The Customer can use this account and pay for his order securely without communicating his bank details.

 

Article 5 – PAYMENT OF THE PRICE

 The price of the product at the time of the order is indicated in euros all taxes included (TTC) excluding delivery and transport costs. In the event of a promotion, YESforLOV will apply the promotional price to any order placed during the period in which the promotion exists.

 The price is payable exclusively in euros (€). The price is due in full after the confirmation of the order. The prices offered include the discounts and rebates that YESforLOV would have to grant.

 If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the order is verified by the customer. The total amount that must be paid by the customer, as well as its details, are indicated on the order confirmation page.

 

Article 6 – FORMATION OF THE CONTRACT

 The contract that exists between YESforLOV and the Customer is created at the time the customer receives a conformation of their order.

 The Customer's attention is particularly drawn to the method with which they accept the order placed on www.yesforlov.com. When the Customer places their order they must confirm it by "double-clicking", this means that after selecting products to add to their basket, the Customer must confirm and possibly correct the contents of their basket (identification, quantity of products selected, price) as well as accept the General Conditions of Sale. They then click on "Payment" to fill out their personal data which is necessary to process the order before validating their information by clicking on "Continue to the shipping method". Then they will choose their delivery method and click on "Continue to payment method". Finally, they validate their order after filling out their bank details. The "double click" is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable acceptance of the order by the Customer.

 

Article 7 – RETENTION OF TITLE

 YESforLOV is the exclusive owner of the Products ordered on www.yesforlov.com until the company receives the full price that is owed, including any shipping costs.

 

Article 8 – SHIPPING AND DELIVERY

 Orders placed on www.yesforlov.com are prepared and shipped within a maximum of 48 hours (excluding Saturday, Sunday, and public holidays).

 The shipments are then transmitted and taken care of by a logistics provider (Colissimo) who transports the packages to the address indicated by the customer when ordering. It is therefore up to the Customer to check that this address does not contain any errors. YESforLOV cannot be held liable if the address provided by the Customer is incorrect, preventing or delaying delivery.

 The customer is informed by email when their order is shipped.

 The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order.

 Delivery times are announced on working days on the Site when ordering. These deadlines include the preparation and shipment of the order as well as the time provided by the carrier.

Upon delivery, the customer may be asked to sign a receipt voucher.

Likewise, it is the Customer's responsibility to verify that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate it immediately on the delivery note or send an email to contact@yesforlov.com.

 If after 5 working days (for delivery in metropolitan France) the Customer has not received their order, they must contact the post office closest to the place of delivery. If the delivery tracking service has no trace of the package, it will be appropriate for the Customer to send an email to the YESforLOV customer service  which will open a complaint file with the Post Office.

 

Article 9 – EXCHANGE AND RIGHT OF WITHDRAWAL

 In accordance with the provisions of Article L 221-18 and following the Consumer Code, if a product delivered does not give the customer full satisfaction, the customer may return it to YESforLOV within fourteen (14) days from the date that it is received.

The Customer must send an email to the address contact@yesforlov.com specifying the order number while indicating their decision to withdraw. YESforLOV will send the return procedure to the Customer. The return costs will be paid by YESforLOV.

The return of the Products must be made in their original packaging (or, at the very least, in a packaging that is equally capable of protecting the prudcts during their return transport). It is necessary for the products to remain unopened and in their original box allowing them to be resold by YESforLOV, in perfect condition complete with their accessories, instructions, warranties, etc.

 In the event that a customer is returning products that have been the subject of a promotional offer which included one or more free gifts with the purchase, the Customer must also return those said gift(s) received. All the products must remain in their original box, under the same conditions as indicated above.

 

 Article 10 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

 All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of YESforLOV. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the permission of YESforLOV in writing.

This authorization of YESforLOV will in no case be granted definitively.  This link must be removed at the request of YESforLOV.

Hypertext links to the SITE that use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited.

Any representation or reproduction, total or partial, of the SITE and its content, by any process whatsoever, without the written authorization of YESforLO>V, is prohibited and will constitute an infringement punishable by articles L.335-2 and following and articles L.713-1 and following of the Intellectual Property Code.

Acceptance of these GTC constitutes recognition by the CLIENT of YESforLOV's intellectual property rights and their commitment to respect them.

 

ARTICLE 11 – LIABILITY AND WARRANTY

 YESforLOV cannot be held responsible for customers inability to respect the contract or an event that is outside its control by the competent courts or the unforeseeable and insurmountable fact of any third party.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions over the Internet. Thus, YESforLOV does not guarantee that the Site and its services will operate without interruption or operating error. Their operation may be temporarily interrupted due to maintenance, updates, technical improvements, or changes that are made to the content and/or presentation.

Furthermore, YESforLOV cannot be held responsible for (i) the loss, alteration, or fraudulent access to the Customer's personal data, (ii) the accidental transmission of viruses or other harmful elements, resulting from access to the Internet or transmissions by e-mail.

Without limiting the scope of the other provisions of the General Terms and Conditions of Sale, YESforLOV can only be held liable in the event that the fault is proven to be ours. In any case, it will be limited to direct damages only. 

 

ARTICLE 12 – PERSONAL DATA

The User is hereby informed that the personal data indicated as mandatory on the forms and collected as part of the service described herein are necessary for the use of the Site. Among the User's personal data that the Operator collects from him may include:

• His first and last names
• His email address
• His postal address
• His phone number
• His IP address (virtual address of his computer)
• Password

 

YESforLOV promises to ensure the protection of the Customer's personal data and all personal data obtained in connection with the use of the Site's services.

As such, each Customer is solely responsible for maintaining the confidentiality of their username and password, and is solely responsible for all access on their Customer Account, whether authorized or not.

YESforLOV cannot be held responsible for any action or harmful event carried out via the Customer's personal space by a third party who has had access to his username and password following a fault or negligence attributable to the Customer. The Customer is responsible for informing YESforLOV immediately when the Customer becomes aware of or suspects unauthorized use or unauthorized access to their personal space.

All personal data collected by YESforLOV is collected directly from the Customer and is processed by YESforLOV to enable the implementation and management of the Site's services. This data may also be used to compile statistics in order to improve the services of the Site. This data may be transmitted to YESforLOV's partners and suppliers who are involved in the delivery, invoicing and management process for the purposes of order processing as well as for marketing and customer relationship management purposes.

 

ARTICLE 13 – INTEGRITY OF THE CONTRACT

These General Terms and Conditions constitute a contract governing the relationship between the Customer and YESforLOV. If one or more stipulations in these General Terms and Conditions are declared null and void in application of a law, a regulation, or following a final decision of a competent court, the other stipulations will viable and intact. In addition, the fact that one of the parties to these General Terms and Conditions does not rely on a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to avail itself in the future of such breach.

 

CHANGES TO THE TERMS

YESforLOV reserves the right to modify the content of the Site or the services available at any time and without notice, and/or to temporarily or permanently cease to operate all or part of the Site.

In addition, YESforLOV reserves the right to modify the location of the Site on the Internet at any time and without notice, as well as these General Conditions. The Customer is therefore required to refer to these General Terms and Conditions before using the site.

The Customer acknowledges that YESforLOV cannot be held liable in any way whatsoever to him or any third party as a result of these modifications, suspensions, or terminations.

YESforLOV advises the Customer to save and/or print these General Terms and Conditions for safe and lasting storage, and thus be able to invoke them at any time during the execution of the contract if necessary.

 

APPLICABLE LAW

These General Terms and Conditions are governed, interpreted, and applied in accordance with the French law. In the absence of an amicable solution or recourse to mediation, all disputes between YESforLOV and the Customer will be submitted to the competent court.

 

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Terms and Conditions.

By registering on the Site, the Customer confirms that he has read the General Conditions and accepts them, making him contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available on the date of the order, a copy that was available on that date can be given to the customer at their request, so it is specified that any modification of the General Conditions that would be made by YESforLOV will not apply to any order made previously, unless expressly agreed by the Customer at the date of a given order.