Legal notice

Preamble

These general terms and conditions of sale apply to all sales concluded on the Plaisir & Chasteté website. The website www.plaisir-chastete.com is a service of:

Plaisir & Chasteté

e-mail: contact@plaisir-chastete.com

The Plaisir & Chasteté website sells the following new products: Chastity Cages, Chastity Belts, lingerie and sexual accessories. The customer declares having read and accepted the general terms and conditions of sale prior to placing their order. Validation of the order therefore constitutes acceptance of the general terms and conditions of sale.

Article 1 – Principles

These general terms and conditions express the entirety of the parties' obligations. As such, the buyer is deemed to accept them without reservation. These general terms and conditions of sale apply to the exclusion of all other conditions, including those applicable to in-store sales or through other distribution and marketing channels.

They are accessible on the Plaisir & Chasteté website and shall prevail, where applicable, over any other version or contradictory document. The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify these general terms and conditions at any time. They shall apply from the moment they are published online.

Should any condition of sale be missing, it shall be deemed governed by the practices in force in the distance selling sector for companies headquartered in France. These general terms and conditions of sale are valid for the entire lifetime of the plaisir-chastete.com website.

Article 2 – Scope

These general terms and conditions are intended to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, through the Plaisir & Chasteté website. These terms and conditions apply exclusively to purchases made on the Plaisir & Chasteté website and delivered solely to metropolitan France or Corsica. For any delivery to French overseas territories or abroad, please send a message to the following e-mail address: contact@plaisir-chastete.com.

These purchases concern the following products: Chastity Cages, Chastity Belts, lingerie and sexual accessories.

Article 3 – Pre-contractual Information

The buyer acknowledges having received, prior to placing their order and concluding the contract, in a clear and comprehensible manner, these general terms and conditions of sale and all information listed in Article L. 221-5 of the French Consumer Code.

The following information is provided to the buyer in a clear and comprehensible manner:

• the essential characteristics of the product;
• the price of the product and/or the method of price calculation;
• where applicable, all additional shipping, delivery or postage costs and any other charges that may apply;
• in the absence of immediate performance of the contract, the date or timeframe by which the seller undertakes to deliver the product, regardless of its price;
• information relating to the seller's identity, postal, telephone and electronic contact details, and business activities, as well as information relating to legal warranties, the functionality of digital content and, where applicable, its interoperability, and the existence and terms of implementation of warranties and other contractual conditions.

Article 4 – The Order

The buyer may place their order online, from the online catalogue and using the form provided, for any product, subject to available stock. The buyer will be informed of any unavailability of the ordered product or item. For the order to be validated, the buyer must accept, by clicking where indicated, these general terms and conditions. They must also select the delivery address and method, and finally confirm the payment method.

The sale shall be deemed final:

• after the seller sends the buyer an order acceptance confirmation by e-mail;
• and after the seller receives full payment of the total price.

Any order constitutes acceptance of the prices and descriptions of products available for sale. Any dispute on this matter shall be handled within the framework of any potential exchange and the warranties mentioned below. In certain cases, including payment failure, incorrect address, or other issues with the buyer's account, the seller reserves the right to place the buyer's order on hold until the issue is resolved. Please send an e-mail to the seller at the following address: contact@plaisir-chastete.com.

Article 5 – Electronic Signature

The online submission of the buyer's credit card number and the final validation of the order shall constitute proof of the buyer's agreement to:

• the amounts due under the purchase order;
• the signature and express acceptance of all transactions carried out.

In the event of fraudulent use of a credit card, the buyer is invited, upon becoming aware of such use, to contact the seller at the following phone number: __________.

Article 6 – Order Confirmation

The seller provides the buyer with an order confirmation by e-mail.

Article 7 – Proof of Transaction

Computerised records, stored in the seller's IT systems under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable medium that may be produced as evidence.

Article 8 – Product Information

The products governed by these general terms and conditions are those listed on the seller's website and indicated as being sold by the seller. They are offered subject to available stock. Products are described and presented with the greatest possible accuracy. However, should any errors or omissions occur in this presentation, the seller's liability cannot be engaged.

Product photographs are not contractually binding.

Article 9 – Prices

The seller reserves the right to modify prices at any time but undertakes to apply the rates in force at the time the order is placed, subject to availability on that date. Prices are listed in euros. They do not include delivery costs, which are charged separately and indicated prior to order confirmation. Prices are not subject to VAT.

Should one or more taxes or levies, including environmental ones, be introduced or modified, whether upward or downward, this change may be reflected in the selling price of the products.

Article 10 – Payment Method

This is an order with a payment obligation, meaning that placing the order requires payment from the buyer. To pay for their order, the buyer may choose from all payment methods made available by the seller and listed on the seller's website. The buyer warrants to the seller that they hold any authorisations that may be required to use the chosen payment method at the time the purchase order is confirmed. The seller reserves the right to suspend all order processing and delivery in the event of refusal of credit card payment authorisation by officially accredited organisations, or in the event of non-payment. The seller reserves the right in particular to refuse to fulfil a delivery or honour an order from a buyer who has not fully or partially settled a previous order, or with whom a payment dispute is currently being handled. Full payment of the price is due on the day of the order, by the following methods:

• credit/debit card
• PayPal

Article 11 – Product Availability – Refunds – Cancellation

Except in cases of force majeure or during online store closure periods, which will be clearly announced on the website's homepage, shipping timeframes shall, subject to available stock, be as indicated below. Shipping timeframes run from the order registration date stated in the order confirmation e-mail.

For deliveries to metropolitan France and Corsica, the timeframe is between 4 and 18 days from the day following the buyer's order, by post. The maximum timeframe shall be 30 working days after conclusion of the contract. For deliveries to French overseas territories or other countries, delivery terms will be communicated to the buyer on a case-by-case basis.

In the event of failure to meet the agreed delivery date or timeframe, the buyer must, before terminating the contract, formally request the seller to fulfil it within a reasonable additional timeframe. If the seller fails to comply by the expiry of this new timeframe, the buyer may freely terminate the contract. The buyer must complete these successive steps by registered letter with acknowledgement of receipt, or in writing on another durable medium.

The contract shall be deemed terminated upon the seller's receipt of the letter or written notice informing them of such termination, unless the seller has in the meantime fulfilled their obligation. The buyer may, however, immediately terminate the contract if the dates or timeframes mentioned above constitute an essential condition of the contract for them.

In such a case, when the contract is terminated, the seller is required to refund the buyer for all sums paid, no later than 14 days following the date on which the contract was terminated.

In the event of unavailability of the ordered product, the buyer shall be informed as soon as possible and will have the option to cancel their order. The buyer may then choose either a refund of amounts paid within 14 days at most of their payment, or an exchange of the product.

Article 12 – Delivery Terms

Delivery refers to the transfer to the consumer of physical possession or control of the product. Ordered products are delivered to the buyer by the seller's supplier in accordance with the terms and timeframes set out above. Products are delivered to the address indicated by the buyer on the purchase order; the buyer must therefore ensure its accuracy. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. Upon request, the buyer may have an invoice sent to their billing address rather than their delivery address, by selecting the relevant option on the purchase order.

If the buyer is absent on the day of delivery, the delivery driver will leave a delivery notice in the letterbox, enabling the parcel to be collected at the location and within the timeframe indicated. If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused as it was open or damaged).

The buyer must note on the delivery slip, in the form of handwritten reservations accompanied by their signature, any anomaly regarding the delivery (damage, missing product compared to the delivery slip, damaged parcels, broken products, etc.). This verification is deemed to have been carried out once the buyer, or a person authorised by them, has signed the delivery slip.

The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s), and send a copy of this letter by fax or regular post to the seller at the address indicated in the website's legal notices. If products need to be returned to the seller, a return request must be submitted to the seller within 14 days of delivery. Any claim made after this deadline cannot be accepted. Product returns can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 – Delivery Errors

The buyer must notify the seller of any delivery error and/or non-conformity of products in nature or quality compared to the information on the purchase order on the same day of delivery or, at the latest, on the first working day following delivery. Any claim made after this deadline will be rejected. The claim may be submitted, at the buyer's choice:

• by e-mail at the following address: contact@plaisir-chastete.com.

Any claim not made in accordance with the rules defined above and within the specified timeframes cannot be taken into account and will release the seller from any liability towards the buyer. Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it to the buyer by e-mail. A product exchange can only take place after the exchange number has been assigned. In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in full and in its original packaging, by recorded Colissimo, to the following address: . Return shipping costs are borne by the seller.

Article 14 – Product Warranty

14-1 Legal Warranty of Conformity

The seller warrants that the sold product conforms to the contract, allowing the buyer to submit a claim under the legal warranty of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code. When invoking the legal warranty of conformity, it is noted that:

• the buyer has a period of 2 years from delivery of the product to take action;
• the buyer may choose between repair or replacement of the product, subject to the cost conditions provided for in Article L. 217-17 of the French Consumer Code;
• the buyer does not need to provide proof of the product's non-conformity during the 24 months following delivery for new products (12 months for second-hand products).

14-2 Legal Warranty Against Hidden Defects

In accordance with Articles 1641 et seq. of the French Civil Code, the seller warrants against hidden defects that may affect the sold product. It shall be the buyer's responsibility to prove that the defects existed at the time of sale and are of a nature that renders the product unfit for its intended purpose. This warranty must be invoked within two years of the discovery of the defect.

The buyer may choose between cancellation of the sale or a reduction in price in accordance with Article 1644 of the French Civil Code.

Article 15 – Right of Withdrawal

Exercise of the Right of Withdrawal In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 days from the delivery date of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return shipping costs which remain the buyer's responsibility. Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) so they can be resold as new, accompanied by the purchase invoice. Damaged, soiled or incomplete products will not be accepted for return. The right of withdrawal may be exercised online using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately provided to the buyer. Any other method of declaring withdrawal is accepted, provided it is unambiguous and clearly expresses the intent to withdraw. When the right of withdrawal is exercised within the above-mentioned timeframe, the price of the purchased product(s) and delivery costs will be refunded. Return shipping costs are the buyer's responsibility. The exchange (subject to availability) or refund will be made within 48 hours and, at the latest, within 14 days of the seller's receipt of the products returned by the buyer under the conditions set out above.

Exceptions Pursuant to Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts relating to:

• the supply of goods whose price depends on fluctuations in the financial market beyond the seller's control, which may occur during the withdrawal period;
• the supply of goods made to the consumer's specifications or clearly personalised;
• the supply of goods liable to deteriorate or expire rapidly;
• the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
• the supply of goods which, after delivery, are by their nature inseparably mixed with other items;
• the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the seller's control;
• maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, limited to spare parts and work strictly necessary to respond to the emergency;
• the supply of audio or video recordings or computer software once unsealed by the consumer after delivery;
• the supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
• the supply of digital content not provided on a tangible medium, the performance of which has begun following the consumer's prior express consent and express waiver of their right of withdrawal.

Article 16 – Force Majeure

All circumstances beyond the parties' control preventing the normal performance of their obligations are considered grounds for exemption from those obligations and result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and disappearance.

The following shall be considered force majeure events: all facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the parties' will and which cannot be prevented by them despite all reasonably possible efforts. Expressly considered as force majeure events or fortuitous circumstances, in addition to those usually recognised by French courts and tribunals: blockage of transport or supply means, earthquakes, fires, storms, floods, lightning, and disruption of or difficulties with telecommunications networks external to clients. The parties shall meet to examine the impact of the event and agree on the conditions under which the contract will continue to be performed. If the force majeure event lasts more than three months, these general terms and conditions may be terminated by the affected party.

Article 17 – Intellectual Property

The content of the website remains the property of the seller, who is the sole holder of intellectual property rights over this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.

Article 18 – Data Protection

Personal data provided by the buyer is necessary for processing their order and issuing invoices. It may be shared with the seller's partners responsible for the execution, processing, management and payment of orders.

The buyer has a permanent right of access, modification, rectification and opposition regarding information concerning them. This right may be exercised under the conditions and in accordance with the procedures defined on the Plaisir & Chasteté website.

Article 19 – Partial Invalidity

If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the remaining provisions shall retain their full force and effect.

Article 20 – Non-Waiver

The fact that either party does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.

Article 21 – Headings

In the event of any difficulty of interpretation between any of the headings appearing at the top of the clauses and any of the clauses themselves, the headings shall be declared void.

Article 22 – Language of the Contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be binding in the event of a dispute.

Article 23 – Mediation and Dispute Resolution

The buyer may resort to conventional mediation, in particular through the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute. The name, contact details and e-mail address of the mediator are available on our website.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable Law

These general terms and conditions are governed by French law. The competent court is the judicial tribunal. This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer shall contact the seller first in order to reach an amicable solution.

Article 25 – Personal Data Protection

Data Collected

The personal data collected on this website is as follows:

• account creation: when the user creates their account: last name; first name; e-mail address; phone number; postal address;
• login: when the user logs into the website, it records in particular their name, first name, login, usage, location data and payment information;
• profile: use of the services provided on the website allows a profile to be filled in, which may include an address and phone number;
• payment: in the context of payment for products and services offered on the website, financial data relating to the user's bank account or credit card is recorded;
• communication: when the website is used to communicate with other members, data relating to the user's communications is temporarily stored;
• cookies: cookies are used when the website is accessed. The user may disable cookies from their browser settings.

Use of Personal Data

Personal data collected from users is intended to provide website services, improve them and maintain a secure environment. More specifically, the uses are as follows:

• access to and use of the website by the user;
• management of the website's operation and optimisation;
• organisation of the terms of use of payment services;
• verification, identification and authentication of data transmitted by the user;
• offering the user the ability to communicate with other website users;
• implementation of user support;
• personalisation of services by displaying advertisements based on the user's browsing history and preferences;
• prevention and detection of fraud and malware, and management of security incidents;
• management of any disputes with users;
• sending commercial and promotional information in accordance with the user's preferences.

Sharing Personal Data with Third Parties

Personal data may be shared with third-party companies in the following cases:

• when the user uses payment services, the website is in contact with third-party banking and financial companies with which it has entered into contracts in order to implement these services;
• when the user publishes, in the free comment areas of the website, information accessible to the public;
• when the user authorises a third-party website to access their data;
• when the website uses service providers to deliver user support, advertising and payment services. These providers have limited access to the user's data in the context of performing these services and are contractually obligated to use it in compliance with applicable personal data protection regulations;
• if required by law, the website may transmit data in response to claims made against the website and to comply with administrative and judicial proceedings;
• if the website is involved in a merger, acquisition, asset transfer or insolvency proceedings, it may be required to transfer or share all or part of its assets, including personal data. In such cases, users would be informed before personal data is transferred to a third party.

By giving your consent to SMS marketing from Plaisir & Chasteté at checkout, by initiating a purchase or by subscribing through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned cart reminders), text marketing offers, and transactional texts, including review requests from us, even if your phone number is on a state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from text marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provided in one of our messages. You understand and agree that alternative unsubscribe methods, such as using alternative words or requests, will not be considered a reasonable means of unsubscribing. We do not charge for the service, but you are responsible for all charges and costs associated with text messaging imposed by your mobile carrier. Message and data rates may apply.

For any questions, please send HELP by SMS to the number from which you received the messages. You may also contact us at contact@plaisir-chastete.com for further information.

We reserve the right to modify at any time any phone number or short code we use to operate the service. You will be notified in such cases. You agree that any message you send to a phone number or short code we have changed, including any STOP or HELP request, may not be received, and we will not be responsible for honouring requests made in such messages.

To the extent permitted by applicable law, you agree that we shall not be liable for any failure, delay or erroneous delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or the Service.

Your right to privacy matters to us. You may review our Privacy Policy to learn how we collect and use your personal information.

Security and Confidentiality

The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information over the internet.

Exercise of User Rights

Under applicable personal data regulations, users have the following rights, which they may exercise by submitting a request to: contact@plaisir-chastete.com.

• Right of access: users may exercise their right of access to find out what personal data is held about them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy.
• Right of rectification: if the personal data held by the website is inaccurate, users may request that the information be updated.
• Right to erasure: users may request the deletion of their personal data in accordance with applicable data protection laws.
• Right to restriction of processing: users may request the website to restrict the processing of personal data in accordance with the circumstances provided for under the GDPR.
• Right to object to processing: users may object to their data being processed in accordance with the circumstances provided for under the GDPR.
• Right to data portability: users may request that the website provide them with the personal data they have supplied, in order to transfer it to a new website.

Evolution of this Clause

The website reserves the right to make any modifications to this personal data protection clause at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by e-mail, at a minimum of 15 days before the effective date. If the user does not agree with the terms of the new version of the personal data protection clause, they have the option to delete their account.

Annex: Withdrawal Form

(to be completed by the consumer and sent by registered letter with acknowledgement of receipt within a maximum of 14 days following the date of conclusion of the service contract)

Withdrawal Form

To the attention of: Plaisir & Chasteté e-mail address: contact@plaisir-chastete.com

I hereby notify you of my withdrawal from the contract relating to ..................., ordered on: ......... First name and last name of the consumer: ................. Address of the consumer: ................. Date: .................. Signature of the consumer