TERMS OF SALES

Effective 01/12/2022

ARTICLE 1 - Scope of application

These General Conditions of Sale (known as “CGV”) apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers (“Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site https://krapulle.com. The Products offered for sale on the site are as follows:

“Dildos”, “Gift cards”, “Accessories”

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site https://krapulle.com, which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are within the limits of available stocks, as specified when placing the order.

To use the site www.krapulle.com or purchase products, the customer must be of legal age.

 

These General Terms and Conditions are accessible at any time on the site https://krapulle.com and will take precedence over any other document.

The Customer declares to have read these General Terms and Conditions and to have accepted them before implementing the online ordering procedure for the site https://krapulle.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

Gros Guerin, SAS

Share capital of 1000 euros

Registered with the Chambery RCS, under number: 921778734 00027

65 rue du Chef Lieu - 73330 DOMESSIN

Email: contact"at"krapulle.com

Intracommunity VAT number: FR74921778734

ARTICLE 2 - Price

The Products are supplied at the prices in force appearing on the site https://krapulle.com, when the order is registered by the Seller.

Prices are expressed in Euros, excluding tax and including tax.

The prices take into account any reductions that may be granted by the Seller on the site https://krapulle.com.

These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

The prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the site and calculated before placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – Orders

It is up to the Customer to select the products he wishes to order on the site https://krapulle.com, according to the following terms:

1. The customer selects the Product(s) of their choice and integrates them into their order from their product page by clicking on “Add to cart” or order everything from “buy now”.
   
   2. The customer accesses the summary of their Order in the “Basket” section. Check the details, prices and quantities of the selected Products. The customer has the possibility here to correct any errors before accepting his order.
   
   3. The customer acknowledges being of legal age and having read the general conditions of sale
   
   4. The customer validates the order by clicking on “Proceed to payment”.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the site https://krapulle.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the site.

The products being designed on demand, any cancellation of the order by the Customer after its acceptance by the Seller will only be possible within 1 day at most after acceptance of the order by the Seller and as long as delivery has not been has taken place (irrespective of the provisions relating to the application or not of the legal right of withdrawal).

ARTICLE 4 - Payment conditions

The price is paid by secure payment method, according to the following terms:

• payment by credit card

The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site https://krapulle.com.

Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.

The Seller will not be required to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in mainland France.

Deliveries take place within 30 days to the address indicated by the Customer when ordering on the site.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.

If the Products ordered have not been delivered within one week after the indicative delivery date, for any reason other than force majeure or the Customer's actions, the sale may be canceled at the Customer's written request within the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.

Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when ordering and to which the carrier can easily access.

When the Customer himself is responsible for using a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a quote previously accepted in writing by the customer.

The Customer is required to check the condition of the delivered products. He has a period of 24 hours from delivery to make complaints via the contact form or by email to contact@krapulle.com, accompanied by all relevant supporting documents (photos in particular). After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 et seq. Consumer Code and those provided for in these General Terms and Conditions.

The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk except when the Customer has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 - Right of withdrawal

In accordance with articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the company, without having to provide reasons or pay a penalty.

Given the nature of the Products sold, orders placed by the Customer do not benefit from the right of withdrawal in accordance with article L. 221-28 of the Consumer Code, reproduced below:

The right of withdrawal cannot be exercised for contracts:

1. The provision of services fully executed before the end of the withdrawal period and the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal;
2. The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
3. The supply of goods made to the consumer's specifications or clearly personalized;
4. Supply of goods likely to deteriorate or expire quickly;
5. Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6. Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
7. The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
8. Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
9. Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10. Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
11. Concluded at a public auction;
12. Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period;
13. Supply of digital content not provided on a material medium whose execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal.

The sex toys sold by the company fall within the scope of exceptions 3 and 5 of article L. 221-28 of the Consumer Code, the right of withdrawal is not applicable to these products. The company does not accept returns on these products under the right of withdrawal.

The contract is therefore definitively concluded upon placing the order by the Customer according to the terms specified in these General Terms and Conditions.

ARTICLE 8 - Responsibility of the Seller - Guarantees

The Products supplied by the Seller benefit from:

• the legal guarantee of conformity, for defective, damaged or damaged Products or those that do not correspond to the order,
• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »

Article L217-5 of the Consumer Code

“The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »

Article 1641 of the Civil Code.

“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »

Article 1648 paragraph 1 of the Civil Code

“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

Article L217-16 of the Consumer Code.

“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »

In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from their discovery.

The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect. This reimbursement can be made by transfer or bank check.

The Seller cannot be held liable in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and cannot engage the liability of the Seller.

The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

ARTICLE 9 - Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. These personal data are collected solely for the execution of the sales contract.

9.1 Collection of personal data

The personal data collected on the site https://krapulle.com are as follows:

Ordering Products:

When ordering Products by the Customer:

Names, first names, postal address, telephone number and e-mail address.

Payment

As part of the payment for the Products offered on the site https://krapulle.com, it records financial data relating to the bank account or credit card of the Customer / user.

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of the Products.

The category(ies) of co-contractor(s) is(are):

• Transport providers
• Payment institution providers

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

9.4 limitation of processing

Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the limitation period for applicable contractual civil liability.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of Customer and user rights

In application of the regulations applicable to personal data, Customers and users of the site https://krapulle.com have the following rights:

• They can update or delete data that concerns them in the following ways:

By making a written request via the contact form or by email to contact"at"'krapulle.com.

• They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller”
• If the personal data held by the Seller is inaccurate, they may request an update of the information by writing to the address indicated in article 9.3 “Data Controller”
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”
• They may also request the portability of data held by the Seller to another service provider.
• Finally, they can object to the processing of their data by the Seller.

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum of one month.

In the event of refusal to grant the Customer's request, the latter must provide reasons.

The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or contact a judicial authority.

The Customer may be asked to check a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual property

The content of the site https://krapulle.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

ARTICLE 11 - Applicable law - Language

These General Terms and Conditions and the operations resulting from them are governed and subject to French law.

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

ARTICLE 12 - Disputes

For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these General Terms and Conditions.

The Customer is informed that he can in any case resort to conventional mediation, to existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is

_______________

_______________

_______________

E-mail : _______________.

The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show

All disputes relating to purchase and sale operations concluded in application of these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.