GENERAL TERMS AND CONDITIONS OF SALE
LAST UPDATED 16/6/2019
Welcome to the site www.Madame-Sensuelle.com,www.madame-Sensuelle.fr, www.madame-Sensuelle.eu,www.madame-Sensuelle.paris,www.madame-Sensuelle.uk), hereinafter referred to as "Sites Mrs-Sensual"
The navigation on the "Sites to Madame-Sensual" require the prior acceptance and without limitation, the terms and conditions of use and the terms and conditions of sale presented here (hereinafter referred to as the " terms & conditions "), as well as our policy of protection of personal data. We therefore invite you to read them carefully.
These terms and conditions and the online order form the contractual documents opposable to the parties, to the exclusion of any other document, brochures, catalogues or photographs of products that have only an indicative value.
The validation of the order by the confirmation of the consumer is worth acceptance of the conditions of sale in force at the date of the order whose preservation and reproduction are performed by the professional seller in accordance with article 1127-2 of the civil code.
- Modification of the general conditions of sale.
The seller reserves the right to modify the present general conditions of sale at any time.
In case of modification, the general terms and conditions of sale applicable are those in force at the date of the order, a copy of which dated at this day may be restored at her request to the consumer.
- Clauses of the general conditions of sale.
The nullity of a contractual clause shall not entail nullity of the present general conditions of sale.
The default temporarily or permanently one or more clauses of the general conditions of sale by the seller shall not be construed as waiver on his part to the other clauses of the general conditions of sale which shall continue to produce their effects.
- Legal notices
the " Sites to Madame-Sensual ", hereinafter the " Sites ", are published by the company Mrs. S. SARL, a limited liability company with a capital of 10 000 euros, whose head office is located 99, Rue de Rennes, 75006, Paris, France
All of our packages are shipped from our logistics centre in Paris.
- VAT number French : FR78842979007
- Accommodation : Done SARL, Luxembourg
- Email : contact Form
Data-processing law and freedoms
in Accordance with the law on Computing and Liberties dated 6 January 1978, you have a right of access, rectification, modification and suppression concerning the data which concern you. You can exercise this right by sending an email to the following address :
Mrs. S. SARL, 99, Rue de Rennes, 75006, Paris, France
intellectual Property All texts, pictures, animations and videos present on the "sites" are reserved under copyright as well as intellectual property and for the world. To this title and in accordance with the provisions of the intellectual property, only authorized use for private use subject to provisions different even more restrictive Code of intellectual property. Any total or partial reproduction is prohibited.
- General terms and Conditions of use (GCU)
The present general conditions have for object to define the modalities and conditions of access and use of the Sites.
Any connection to the Sites is subject to compliance with these conditions. For the User, the simple access to the "Sites to Madame-Sensual" to the URL address,previously indicated, involve the acceptance of all the terms and conditions outlined below.
Conditions of access and use of the Site
The Site is accessible free of charge to any User with access to the internet. All costs related to the access to the Website, whether material costs, software or internet access are the sole responsibility of the User/Client.
Certain services on the Site are, however, reserved only to Users with an account on www.Madame-Sensuelle.com, hereinafter the " identified Users ".
In this capacity it is specified that in these General terms and Conditions of Use, the term "User" includes all users who are accessing the Site, whether or not they have an account.
To have an account, the User must register by completing an online form provided for this purpose. During registration, the User chooses a Username (email address) and a Password which are strictly personal and confidential. The User therefore undertakes expressly to preserve their privacy and to bear all consequences resulting from their voluntary disclosure or not.
In this respect, the User undertakes to declare to Mrs. S. LLC of any unauthorized use of the account as soon as it has knowledge. As a result, Mrs. S. SARL declines all responsibility in case of loss or non-compliant use of the password.
The company MRS. S. LLC will implement all means to ensure access to the Site 24h/24, 7 days/7, but cannot be held responsible for a failure that would prevent all access to the Site and/or to the different services offered by MRS. S. SARL. MRS. S. SARL will do its best to resolve any issue in a timely manner.
The following services are only available to Users with an account on the Website :
- access the page "My favorites" and/or add an item to your favorites ;
- to be informed of the next private sales ;
- to place an order.
By creating an account, the User accepts the present terms & conditions and our policy of protection of personal data.
Access to services includes subscriptions to newsletters MADAM-SENSUAL. The logged in User has, at any time, the possibility to unsubscribe by clicking on the link provided for this purpose located at the bottom of each newsletter. This link is also accessible on the Site in the section " My account ".
The identified User may also subscribe to the newsletter partner and receive offers from partners of ms S. the LLC and has the option at any time to unsubscribe in this subject.
The creation of an account on the Site is limited to any natural person aged at least 18 years of age. Each User may only create one account Mrs. S. SARL.
All fields in the account creation form must be filled in except the fields marked as optional. Failure to respond will result in non-creation of account. All the information entered by the User must be accurate.
When the User creates an account on the Website, he receives an e-mail confirmation of account creation on the same day. MRS. S. srl reserves the right to remove any account does not comply with these contractual conditions.
A User placing an order on MRS. S. SARL becomes a Customer. A Customer must be a natural person who is acting for purposes which do not fall within the framework of his trade, business, craft or profession and who is at least 18 years of age. The Customer has a customer account MRS. S. SARL. The Customer must enter a mobile phone number and a mailing address.
Mrs. S. srl reserves the right to close any client account and to refuse in consequence of any sale in the event of misuse, unfair or fraudulent ordering service offered on the site or not respectful of any of the obligations of the Customer set out in these terms and conditions, in particular in the case where a same user is dissimulerait behind accounts of different clients for a fraudulent purpose or would disturb, in any manner whatsoever, any of the services offered by Mrs. S. SARL.
The company MRS. S. SARL is the owner and/or has permission to use all rights to logos, trademarks, distinctive signs, visual products, as well as the databases and software used in the course of its business.
Any representation or reproduction, total or partial of these elements by any method whatsoever is prohibited and constitutes an infringement punishable by the law of 18 April 2001 on copyright, neighbouring rights and databases, as amended by the law of 18 April 2004 and 22 may 2009.
III. General conditions of sale (GTC)
Article 1 : Preamble
The company MRS. S. LLC offers for sale through sites Mrs-Sensual products such as internet users, persons aged at least 18 years of age, may acquire such through a process of secure online payment implementation and managed by banking institutions of which she is assistant services. The company MRS. S. SARL appealed to service providers to enable the delivery of the products ordered by the consumer through the website cited above, and according to the modalities and deadlines indicated on the site at the time of the order. The site Madame-Sensual are made in English, French and Russian, as well as all the steps, electronic or not, necessary for the validation of the order by the consumer. The contracts of sale concluded between the company MRS. S. SARL and the consumer are in the French language.
Article 2 : Application
These terms and conditions apply to all sales of products presented on the sites to Madame-Sensual. Any order placed with the company, MS. S. SARL will therefore result in the acceptance without reservation of these conditions. Only the buyer may avail himself of the present, and including provisions relating to returns. These terms and conditions may be modified at any time and without prior notice by the company MRS. S. SARL, the modifications being then applicable only to orders made subsequent to their date of implementation. The present general conditions of sale are available permanently by the intermediary of the sites to Madame-Sensual in computer formats for printing and/or downloading, so that the consumer can make their reproduction or save them. The fact of the box "I accept the terms and conditions of sale" means that the consumer agrees to the present general conditions of sale. The sale is reserved to consumers major (over 18 years of age) or minors with parental permission.
Article 3 : Products
3.1 : Price
Prices are subject to change at any time, including due to changes in suppliers ' rates, variation in exchange rates between currencies, an introductory offer, promotions or balances and changes in the rate of VAT.
The customs taxes and other formalities for deliveries outside the European Union are the sole responsibility of the customer. He agrees to check with his authorities the possibilities of importation of the products purchased on the sites to Madame-Sensual.
In the case of a promotional price, the seller undertakes to apply this price to any order placed during the period of advertising for the promotion.
3.1.1 : For orders delivered within the European Union and Switzerland
The prices are displayed in euros inclusive of all taxes and excluding shipping charges. They are subject to the tax on the value added of France (20% 16/06/2019)
Any change in the legal rate of these taxes will be passed on to the price of the products presented on the site Madame-Sensual to the date stipulated by the legislative or regulatory text applicable.
3.1.3 : For orders delivered outside the EU and Switzerland
The prices are displayed in euros, excluding taxes. Any order validated on the website and delivered outside of the European Union and Switzerland could be subjected to possible taxes and to customs duties which are imposed when the parcel reaches the destination (see Section 7.).
3.2 : Costs of port
The products are shipped from Paris.
Prices are shown exclusive of postage charges. The shipping cost varies depending on the carrier selected by the consumer and/or the place of delivery stated in the order. Its amount is indicated before the validation of the order. The shipping cost may be wholly or partially supported by the society, MRS. S. SARL in a timely manner (promotions, code free sent by mail, fidelity, beyond a minimum amount, ...) . The tariff of port charges according to the place of delivery is available at any time in the "Delivery" heading of the "Help Mrs. S. SARL" on our website (or clicking here).
3.3 : Unavailable
In case of temporary unavailability of a product, the company MRS. S. LLC shall inform the consumer of our new deadlines as soon as possible. If the downtime is prolonged or becomes final, the company MRS. S. SARL will do its utmost to provide the consumer with a product of equivalent or default will cancel the order and refund the consumer.
Article 4 : Conclusion of the contract
In all cases, the contract of sale is deemed concluded at the time of the debit of the account of the consumer for payment cards, the date of receipt of the bank transfer in case of bank transfer, and that the cashing of the cheque for payment by cheque.
4.1 : Command
The products put on sale are presented on the sites to Madame-Sensual and with a description. The consumer wants to buy one of these products can click on its representation and then on the button " add to cart ". This product is added to his shopping cart, already containing, where appropriate, to other items the consumer wishes to make the acquisition and previously placed by himself in his basket. When the consumer intends to finalize the order, he can click on the button "validate my shopping basket" which appears in his shopping cart. It is then directed to a page offering an overview of all the items to be included in his next order, and it has at this stage the possibility of deleting some of the items contained in the shopping basket, and consequently in the summary. It also has the possibility to cancel the procedure and return to the shopping basket without the order being validated. If the summary contains the price of the products and the delivery charges as advertised elsewhere on the site Madame-Sensual is suitable for them, the consumer can enter his or her contact details for delivery and billing and then select its mode of regulation. Once payment is confirmed, the society, MADAME S. SARL will send the consumer a summary of his order by email including details of items ordered, the total price including all taxes (except cases provided for in article 262 ter I of the CGI and/or the destination of some consumers because of their geographical location), including the amount of the delivery costs, and delivery times considered.
4.2 : Payment
The consumer expressly declares to have all the necessary permissions to use the payment method he has chosen during the order validation. It further undertakes to ensure its solvency before any order, fault for the company MRS. S. SARL to be able to proceed with the delivery of the ordered products. The company MRS. S. SARL household in addition to the possibility of suspending or of cancelling any order or delivery in case of refusal of authorization of payment on behalf of the financial bodies questioned according to the mode of payment chosen by the consumer.
Similarly, it leaves open the possibility of refusing to consider an order or make a delivery from a consumer with whom a dispute including the payment of a previous order remain. The consumer is also notified that the company MRS. S. LLC can proceed with the analysis and/or verification of orders placed to fight against the fraud, and within this framework reserves the right to request the consumer any evidence it deems useful. It reserves at the end of this procedure the possibility of suspending or of cancelling any order or delivery, even in the event of a payment authorization issued by the relevant financial institutions, in cases where such analysis and/or audits would think that such an order is placed in fraud of the rights of a third party. It also can not bear any responsibility in case of embezzlement or of fraudulent use of any means of payment which would not have been detected by this procedure of analysis and/or verification.
4.2.1 : Payment by credit card
In the case where the consumer will opt for a payment with a credit card, it will be directed on the secure server of said banking institution to process payment in a secure way. The bank details of the consumer are, therefore, at no time in possession of the society, MRS. S. SARL ; their conservation and the maintenance of their integrity is therefore the responsibility of the bank.
The authentication procedure "3D Secure" for Visa and Master-Card (also called "Verified by Visa" and "MasterCard SecureCode") to ensure optimal security when shopping online by verifying the identity of the user of the card can be activated. The methods of authentication are unique to each bank : it can be requested to enter personal data (such as a birth date) or enter a code received by SMS, or to answer a personal question.
Once the payment is validated by the customer on the secure server of the banking institution, it has the possibility to come back to the site Madame-Sensual.
For other payment cards that are supported on the site Madame-Sensual, the procedures of identification specific to the card will apply.
4.2.2 : Payment by cheque
Only cheques from a bank in france are accepted.
This mode of regulation is only open to consumers with a delivery address in France, and for orders below 500 euros.
A settlement by cheque is not possible.
In order to fight more efficiently against fraud, and thus ensure a better service to our customers, the cheques presented are subject to a treatment allowing monitoring of the multi-passage as well as the presence in the fichier national des cheques irregular held at the Bank of France (VERIFIANCE).
4.2.3 : Payment by bank transfer
The consumer must ensure to take responsibility for the transfer costs charged by its banking institution. The company MRS. S. LLC is required to collect the net amount of the order.
4.2.4 : Payment with Paypal
4.2.5 : gift certificate
MRS. S. ltd offers according to these periods, the opportunity for consumers to purchase gift vouchers the amount of which is predetermined. A gift voucher is delivered by email in PDF format. Its validity is one year from the date of purchase by the consumer. The voucher is indivisible and must be spent on one and the same order which amount must be equal to or greater than the total amount of the cheques or employees.
4.2.6 : Default of payment
Mrs. S. srl reserves the right to close any client account in the event of a payment default.
Article 5 : Delivery
5.1 : Information
The products are shipped from Paris, France. The products are delivered to the delivery address provided by the consumer when ordering on-line or off-line, and only in the areas of products offered by the company MRS. S. LLC at the time of the order. The list of delivery areas is available at any time in the "Delivery" heading of the "Help Mrs. S. SARL" on our website (or clicking here). In the case where the delivery address is different from the billing address, it should be for the consumer to provide two separate addresses in the purchase order. Only the delivery address determines the application or not of the VAT in france or in the country of delivery (if applicable), or customs duties. It is likewise the consumer to provide all information relevant to the delivery of his order to allow the carriers to proceed with the delivery (example : apartment number, entry code to the building). In the case of erroneous or incomplete information resulting in the impossibility for the carrier making the delivery, a second delivery will be made after the return by the carrier of the goods to the company MRS. S. SARL, this is subject to the prior payment of the amount of new postage charges from the consumer.
5.2 : Delivery - absence
The ordered products are not delivered to the addressee against signature (unless it is light and small in size shipped in bubble envelope, which may be deposited in the mailbox directly, or if this option is not offered by the Carrier selected). The consumer should proceed to a review of the physical condition of the package delivered by the carrier as well as an examination of its contents, and this in the presence of the deliveryman. Any anomaly detected at the one or the other of these titles will necessarily be the object of handwritten notes made on the delivery slip of the carrier ; these reserves will have to be explicit, detailed, dated and signed by the consumer in order to avoid any dispute. No claim may be registered in the absence of reservations formulated at the time of delivery. In case of absence, and depending on the carrier selected by the consumer at its command, it leaves a delivery notice in the mailbox of the consumer, inviting him to withdraw the products at a given address, or to contact it to arrange an appointment for a new delivery.
5.3 : Delay - Loss
In the event of significant delay or difficulty to locate the parcel, the consumer can contact the company MRS. S. LLC, which will open an investigation to obtain clarification on the inconvenience or to try to locate the package possibly lost by the carrier. The consumer must provide the company with MRS. S. SARL all the useful information of such a nature as to enable him to locate the products ordered via the carrier.
If the products have not been delivered within a period of 30 days after the date advertised to the customer during the order and after the seller has been ordered, under the same terms and without result, to make the delivery within a reasonable additional period of time to the order, and if this overflow is not due to a case of force majeure, the client can proceed to the resolution of the sale by sending a registered mail with notice of receipt to the following address : Mrs. S. SARL, 66 avenue de champs Elysees, Lot 14, 75008 PARIS. The sums paid by the customer will be fully restored. The customer has a period of 30 days from the date of shipment of the order to request the rescission of the sale and the refund of the items on the grounds that it would not have been delivered. There is no dispute of delivery will not be accepted after this deadline.
Article 6 Return of goods - Warranties
6.1 legal Warranty of conformity.
All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L217-4 L217-14 of the code of consumption, therefore they are under the control of the products for which this compliance guarantee is set by law. Are excluded consumables, and clothing.
6.2 implementation of the compliance warranty.
If you want to implement the legal guarantee of conformity, you must contact the company whose brand and contact information is located on our contact page.
When it acts in its legal guarantee of conformity, the consumer shall :
- has a period of two years from the date of delivery of the property to act ;
- may choose between the repair or replacement of the property ;
- is exempt from providing proof of the existence of the defect of conformity of the goods during the twenty-four months following the delivery of the goods.
6.3 Warranty against hidden defects.
The consumer may decide to implement the guarantee against hidden defects of the thing sold, within the meaning of the provisions of article 1641 of the civil Code.
In this case, he may choose between the rescission of the sale or reduction of price of sale in accordance with article 1644 of the civil code.
Madam Sensual makes every effort to provide you with a quality service.
6.4.1 . Right of withdrawal
Pursuant to article L221-28 of the French consumer code (formerly article L121-21-8 of the French consumer code), the customer is informed that the right of withdrawal can not be exercised in certain cases, in particular, in the event that, the products have been worn by the consumer, and this, for reasons of hygiene.
Conditions, time and conditions of exercise.
If you agree to these terms and conditions of sale you will have the right to withdraw, without giving reason, within a period of fourteen days from the day of receipt of the products.
As a reminder, items must be unused and in their original, unopened packaging with their labels.
To return one or more products please follow the process indicated on the return Voucher (above). The costs of return delivery are borne by the customer.
The amount of the refund will be calculated on the value of the article at the time of purchase.
In the case of a cancellation, we will refund the payment received at the latest fourteen days from the receipt of the product in our premises.
We link the reimbursement using the same means of payment as the one you would use for the initial transaction.
It is recalled that the responsibility of the customer, in case of withdrawal after use of the or property, is committed to the respect of the depreciation of the goods resulting from handling other than those necessary to establish the nature, characteristics and functioning of the property or properties. These manipulations are those that a consumer can perform in a store.
The consumer is required to return the property to Mrs. S. ltd without undue delay and in any event not later than fourteen days after the client has communicated to the recipient its decision of withdrawal.
This deadline is deemed met if the customer returns the goods to the order before the expiry of the period of fourteen days.
To return one or more products please follow the process indicated on the return form (below). The costs of return delivery are borne by the customer.
The amount of the refund will be calculated on the value of the article at the time of purchase and the shipping costs incurred when buying that if the item is defective, otherwise it will not be a refund.
In the case where the client would like to have the same amount as the amount of the original purchase of the returned goods, the amount of the return will be borne by the company Mrs. S. SARL on mere sending of the bill back. The amount of the expenses of return will then be added to the amount of.
6.5 : The assets MRS. S. SARL
Assets are valid for 2 years and are credited in the client account of the consumer. The balance of the assets is available at any time in the "My account" section of the consumer.
It will automatically proposed as a method of payment when placing future orders. If the amount of the next order is lower than the content of your holdings, the new balance will be available in the account of the consumer immediately after the command.
Article 7 : Customs Duties
Any order validated on the website and delivered outside of the European Union and Switzerland could be subjected to possible taxes and to customs duties which are imposed when the parcel reaches destination. These customs duties and these possible taxes related to the delivery of an article are at the consumer's expense and under its responsibility. MRS. S. SARL is not obliged to check and inform its customers of the customs duties and applicable taxes. To know, it is the consumer's responsibility to check with the competent authorities of his country. In case of refusal of the consignee to pay customs duties or taxes, the amount that may be requested to MRS. S. SARL to retrieve the parcel will be deducted from the refund made to the consumer.
Section 8 : Offers and promotional codes
Promotional codes, offers "sponsorship" or offers "loyalty" generated do not apply on port charges, unless the promotional code relates specifically to shipping. These offers are usable off promotion and special offers (unless otherwise specified).
The promotional codes are only applicable once per order and cannot be combined with other promotional codes or offers (unless otherwise specified).
Offers and promotional codes are not exchangeable for their monetary value. In the event of a return (refund/have), promotional codes, offers "sponsorship" or "fidelity" may not be reused during a new purchase. Refunds/credit memos, following the return will be restricted to the sums actually paid to the exclusion of the part set by the promotional codes, offers "sponsorship" or " fidelity."
Article 9 : Reservation of property
The transfer of ownership of the products delivered to the consumer shall only take place after payment in full of the price and its accessories for his or her care. During the period until the complete payment of the price and its accessories, the risk of loss, theft or destruction are the responsibility of the consumer.
Article 10 : Nullity - Tolerance
In the case where one or more of the provisions of these general conditions are held for nonvalid or are declared such in application of a law, a regulation or following a definitive decision of a court of competent jurisdiction, the other stipulations shall retain all their force or their scope. The fact that the company MRS. S. srl or the consumer does not avail itself of a breach of any of the obligations arising under these terms and conditions, or to tolerate a situation does not have the effect of granting to the other party that acquired rights. Such a tolerance may in no case be construed as a waiver of the rights in question.
Article 11 : Force majeure - applicable Law
The mutual obligations arising out of these terms and conditions are likely to be suspended in the event of the occurrence of a fortuitous event or force majeure. Will be considered in particular as such to those usually retained by the jurisprudence of French courts and tribunals. The present general conditions are subject to French law regarding the substantive rules as the rules of form. Any dispute shall be the subject of an attempt at amicable settlement.