TERMS OF SALES
This site https://sphereplaisir.com is published by:
- https://sphereplaisir.com
- sphereplaisir@gmail.com
- Site customer service: +1 (438) 527 5279 and sphereplaisir@gmail.com
- Site host: Shopify Inc.
- Site manager: Sphère Plaisir
Article 1: General Provisions
1.1. Acceptance of the general conditions of sale and Product(s)/Service(s)
The General Terms and Conditions are enforceable against the Customer who acknowledges, by checking a box provided for this purpose, having been aware of them and having accepted them before placing the order.
Validation of the Order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1127-2 of the civil code.
1.2. Definitions
- “The Customer(s)”: any professional natural or legal person placing an order on the Seller/Service Provider’s website.
- “The Product(s)”: any product or service offered by the Seller/Service Provider to its Customers on its site.
- “The Site”: the e-commerce website on which the Seller sells its Products.
- “Delivery”: transfer to the Customer of physical possession and control of the Product ordered.
- “GDPR”: General Regulation 2016/679 relating to Data Protection.
- “The Party(ies)”: The Seller/Service Provider and/or the Customer.
- “Processing”: any operation or set of operations (such as for example collection, recording, conservation) carried out or not using automated processes and applied to data or sets of DCP, carried out by the GDPR Agency as part of its Product(s)/Service(s);
- “Data controller”: person (natural or legal), public authority, service or organization which determines the purposes and means of processing personal data;
- “Subcontractor” (in the GDPR sense): natural or legal person, public authority, service or organization which processes personal data on behalf of the controller;
- “CGV”: these general conditions of sale
- “Order”: order for one or more product(s) placed by a Customer, materialized by the “double click” process, by which the Customer confirms the sending of the order to the Seller and payment of the price.
- “The Contract”: agreement between the Parties, by which the Seller/Service Provider undertakes to ensure that the Product(s) ordered by the Customer are delivered to him/her, and the Customer undertakes to pay the price of the Product(s) to the Seller/Service Provider. The Contract is exclusively governed by these General Terms and Conditions, unless otherwise stipulated.
1.3. Object
These general conditions of sale establish the contractual conditions applicable to the Products offered by the Seller on its site https://sphereplaisir.com , access to which is open and free.
1.4. Contractual provisions
The nullity of a contractual clause does not result in the nullity of the general conditions of the Product(s) unless it is an impulsive and decisive clause having led one of the parties to conclude the sales contract.
The General Terms and Conditions as well as all contractual information mentioned on the site are written in French.
1.5. Modification of the general conditions
Subject to informing its customers, the Seller may modify these general conditions at any time.
In the event of modification, the applicable General Terms and Conditions are those in force on the date of the order, a copy of which dated to date can be given to the consumer upon request.
Article 2: Order conditions
2.1. Completion and modification of the Order
To place an order, the Customer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the “Order” button and provides information relating to delivery and payment method.
Before clicking on the “Confirm order” button, the Customer has the possibility to check the details of his order and its total price and to return to previous pages to correct any errors or possibly modify his order.
Any order signed by the Customer relating to one or more Product(s) whose characteristics and price are displayed on any support constitutes a firm and definitive commitment and acceptance of the general conditions of the Products.
Upon receipt of the Order, an email acknowledging receipt of the order and its payment is sent by the Seller as soon as possible.
The sales contract is concluded at the time of sending the order confirmation by the Customer, subject to acceptance of this order by the Seller.
2.2. Purchase order
Each order will be the subject of a purchase order describing the details and price of the Product(s)/Service(s), the payment method, the invoicing method, the date of issue. , the billing start date and the payment due date.
Product(s)/Service(s), the price of which cannot be calculated in advance, may give rise to the establishment of a prior estimate.
2.3. Editing the order
Any order modification by the Customer after confirmation of his Order is subject to acceptance by the Seller.
The Seller reserves the right to make modifications to the product ordered which are linked to its technical development under the conditions provided for in Article R. 212-4 of the Consumer Code.
The Seller reserves the right to refuse any Order for legitimate reasons and in particular if the quantities of Products ordered are abnormally high for Customers who are consumers.
Article 3: Nature and delivery of the Product(s)
3.1. Nature and characteristics of the Product(s)/Service(s)
The Products offered for sale presented on the Seller's site are each the subject of a description accessible on the site mentioning their essential characteristics within the meaning of article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
The method of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest upon delivery.
3.2. Obligations of the Seller
The Seller undertakes to ensure delivery of the Product(s) in compliance with the time frame provided for in the order form.
The Seller undertakes to provide Product(s)/Service(s) which comply with its descriptions and the legal requirements in force. He is responsible for the non-compliance of the service under common law conditions.
The Seller has an obligation to provide information and advice to the Customer on any Product(s) concerning his person or property.
The Seller undertakes not to disclose information relating to its Customer or its property to which it may have had access in the performance of its service.
The Seller may entrust the execution of all or part of the Product(s) to a third party.
The Products are delivered while stocks last. In the event of unavailability of the ordered product, the Seller immediately informs the Customer and may offer him a product of equivalent quality and price or, failing that, a voucher for the amount of the order usable for any next order.
In the event of disagreement by the Customer, the Seller will reimburse the sums paid within 1 month.
Apart from the reimbursement of the price of the unavailable product, the Seller is not liable for any cancellation compensation, unless the non-performance of the Contract is personally attributable to him.
3.3. Customer Obligations
The Customer undertakes to pay the price of the Product(s) announced by the Seller, under the conditions provided for in Article 4 of these General Terms and Conditions.
3.4. Reciprocal obligation of confidentiality
The Parties reciprocally undertake to respect and preserve the confidentiality of all documents, information or others relating to their person, their entity, their respective activities to which they have had or could have access to the during the negotiation, conclusion or execution of the Contract (hereinafter “the Confidential Information”).
Each Party will take all necessary measures with respect to its personnel to protect under their responsibility the secrecy and confidentiality of Confidential Information. The Parties undertake, therefore, reciprocally towards each other, both on their behalf and on that of their employees, agents and advisors, of whom they are responsible, not to disclose said documents and information.
The Customer expressly authorizes the Seller to use the name(s) or commercial name(s) of the Customer, its Products or Services, and its brands or logos, for commercial prospecting purposes, unless otherwise stated. last.
In the event of failure of the negotiation, termination or breach of the Contract, the Parties undertake to return all Confidential Information, in whatever form, as well as all copies and reproductions that have been made.
This obligation of mutual confidentiality will continue to have its effects even after the cessation of their relations for a period of 5 years.
3.5. Delivery
The Products are delivered to the address indicated by the Customer in the order form. The Customer must ensure the accuracy of this address. Any package returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense.
Except in cases of force majeure, delivery times will be those indicated when ordering. These delivery times run from the date of full payment of the order.
The Seller undertakes to inform the Customer of possible delays by email. In the event of a delay of more than thirty (30) days, the Customer may cancel the order and request a refund of the Product.
Article 4: Price and payment terms
4.1. Price
The prices of the Products are those in effect on the day the order is taken. They are indicated in Canadian dollars and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
The Seller grants itself the right to modify its prices at any time. However, it undertakes to invoice the Products ordered at the prices indicated when the order is registered.
4.2. Payment
Payment of the total price must be made on the day of the order by the Customer. The order will only be shipped after receipt and collection of payment.
4.3. Payment methods accepted
Payment can be made by credit card (Visa, MasterCard, American Express) or via online payment services (PayPal, Stripe).
Article 5: Right of withdrawal
5.1. Terms
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs which remain his responsibility.
5.2. Terms
To exercise the right of withdrawal, the Customer must notify his decision to withdraw by sending a letter to the following address: sphereplaisir@gmail.com or by telephone at +1 (438) 527 5279.
5.3. Effects
In the event of withdrawal, the Seller will reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the method less expensive standard delivery offered by the Seller), without undue delay and, in any event, no later than fourteen (14) days from the day on which it is informed of the Customer's decision to withdraw.
The Seller will reimburse using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this reimbursement will not incur any costs for the Customer.
Article 6: Legal guarantee of conformity and guarantee of hidden defects
6.1. Legal guarantee of conformity
The Seller is required to deliver a Product that complies with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging.
6.2. Guarantee against hidden defects
The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer would not have acquired it, or would not have given only a lower price, if he had known them.
Article 7: Liability
The Seller, in the online sales process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, interruption of service, or other unintentional problems.
Article 8: Intellectual property
All elements of the site https://sphereplaisir.com are and remain the intellectual and exclusive property of the Seller. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site, whether software, visual or sound.
Article 9: Personal data
The Seller undertakes to preserve the confidentiality of the information provided by the Customer, which it may be required to transmit for the use of certain services.
In accordance with the Data Protection Act of January 6, 1978, the Customer has the right to access, modify and delete information concerning him. He can make a request at any time by mail to the following address: sphereplaisir@gmail.com .
Article 10: Applicable law and disputes
These general conditions of sale are subject to Canadian law. In the event of a dispute, the Customer will contact the Seller as a priority to obtain an amicable solution. In the absence of an amicable solution, the Canadian courts will have jurisdiction.
Article 11: Contact and customer service
For any questions or information regarding the Products, the Customer can contact customer service using the following contact details:
- Email address: sphereplaisir@gmail.com
- Telephone: +1 (438) 527 5279
- Mailing address: [Physical address of the company, if applicable]
These general conditions of sale were updated on June 27, 2024.