ARTICLE 1 - Preamble and definitions
These general conditions of sale detailed below (hereinafter referred to as the "General Conditions") apply to all consultations and / or orders made via:
-
the website en/ and its derived addresses (hereinafter "the site"),
cockinou.com's main activity is the sale of sex toys on the website en/. Cockinou products are sold individually, or in the form of boxes available through the subscription of a monthly subscription.
ARTICLE 2 - Purpose
The purpose of these conditions is to define the sales regime and the rights resulting therefrom, in particular for:
-
The organization of legal relations between cockinou.com and the client;
-
The terms of sale between cockinou.com and the customer (order, delivery, etc.).
ARTICLE 3 - Order procedure and method
To place an order, the customer has the following means:
-
By Internet on the site en/ accessible 24/24 and 7/7;
The data communicated by the customer and recorded by cockinou.com during registration and ordering constitute proof of transactions between cockinou.com and the customer. After validation of the order by the customer, cockinou.com will send him a confirmation email to notify him that the order has been registered.
It is specified that cockinou.com reserves the right to refuse, execute a delivery or honor an order in cases where the customer has not fully or partially paid a previous order, or in cases where a payment dispute would remain.
ARTICLE 4 - Price
The prices indicated on the cockinou.com site are expressed in Euros, all taxes included (TTC) excluding delivery costs. Delivery costs differ depending on the customer's delivery address and the weight of the goods ordered. The delivery costs are specified in the basket and confirmed during the validation of the order; they are invoiced at the end of the order and are added to the price of the goods ordered.
cockinou.com reserves the right to modify its prices at any time, however, the products will be invoiced on the basis of the rates in effect at the time of the order entry, subject to availability on that date.
ARTICLE 5 - Retention of title and risks
cockinou.com retains ownership of the goods sold until effective payment of the full price in principal and accessories. The non-payment of one may result in the claim of the goods. These provisions do not preclude the transfer to the customer, upon delivery, of the risk of loss and deterioration of the goods purchased as well as the damage they could cause.
ARTICLE 6 - Product availability
The customer acknowledges and accepts that cockinou.com will honor his order within the limits of his available stocks and those of his partners and suppliers. cockinou.com will make every effort to process all orders.
As part of the flash sale, customers can only order products offered for sale during the flash sale period indicated in real time on the site, and within the limits of available stocks. After the expiration of the flash sale term of a product and / or in the event of unavailability of the product, the latter will no longer be offered for sale.
In case of unavailability of a product after confirmation of the order and after closure of the sale concerned, cockinou.com will inform the customer by e-mail or by telephone of the partial delivery of his order or of the cancellation of it. this. If applicable, cockinou.com will offer the customer the reimbursement of the sums actually debited in the form of a voucher or by transfer or check.
ARTICLE 7 - Product information
cockinou.com strives to present all the essential characteristics of the products put online, thanks in particular to the technical descriptions of partners and suppliers and photographs and / or videos of the products and this, within the limits of the technique and in respect of the best market standards.
ARTICLE 8 - Secure payment
In the event of payment by payment card, the customer's order will only be validated after the account has been debited with the authorization of the competent payment centers.
In the event of a lack of authorization, the customer's order cannot be taken into account.
In the event of a subscription to cockibox products, the buyer authorizes Friendz SAS to debit his bank account using the means of payment that he recorded during his initial transaction. The payment frequency is monthly, and takes place between the 1st and 10th of the month. The preparation of the box is processed within 48 hours of working hours following the withdrawal of the due date. Delivery is made within 72 hours of business.
The buyer can cancel his subscription at any time, by sending an email to the cockinou contact service, or by going to the OuiPay.fr buyer area. section stop my subscription.
Online payment by payment card is made via the "Secure Socket Layer" security system which allows the encryption of the customer's bank details when they are transmitted over the network.
In the event of non-payment whatever the reason, an amicable flat-rate compensation of 15 Euros will be required by cockinou.com in addition to the amount of the invoice, increased by the debit fees invoiced by the banking establishment of cockinou.com.
In the event that the amicable collection has remained unsuccessful within 10 days from the date of dispatch of the first collection request letter, whether this letter is registered or simple letter. The recovery will be done by litigation.
The costs of litigation that the collection firm would have to invoice directly to the client are added to the amicable lump sum indemnity.
Cockinou.com uses the OuiPay payment solution to process its financial transactions.
The buyer can, by connecting to the interface www.ouipay.fr, have access to the history of his transactions. The OuiPay.fr payment solution enables secure transaction management. OuiPay.fr meets PCI-DSS obligations.
ARTICLE 9 - Delivery
Delivery is made by the means of transport and carrier considered by cockinou.com to be the best suited to the item ordered and delivered (carrier, post, etc.).
The delivery times are also indicated during the validation of the order, they are calculated in working days (from Monday to Friday, excluding holidays). The customer must measure the access passages from his home in order to confirm to the carrier his accessibility to the product ordered.
In the event of false information, or erroneous measures taken by the customer, additional costs related to the rental of elevators, storage, return of goods or additional deliverers will be exclusively the responsibility of the customer. In general, the impossibility for carriers to deliver the products on the date and at the agreed time, in the event of absence or delay of the customer, or lack of information on the need to resort to means specific delivery, may give rise to the payment of additional delivery costs which will be invoiced by cockinou.com.
The customer is required to check the completeness and veracity of the information he provides to cockinou.com when ordering and in particular the delivery address. The customer is responsible for the information provided when registering and when ordering.
cockinou.com cannot be held responsible for any data entry errors that could cause delivery errors and / or non-compliance by the customer with the delivery terms and appointments that he will have himself set with the carrier .
All irresistible and unforeseeable facts or circumstances beyond the control of the parties, particularly in the event of a total or partial strike by carriers, and natural disasters such as floods or fires, are considered as fortuitous events or force majeure exonerating liability.
Products can only be shipped to mainland France and Monaco.
If the customer wishes to postpone the delivery date (only for serious reasons), he must notify cockinou.com by email at the following address: [email protected].
In the event of a complaint concerning possible defects or signs of deterioration of the products (damage, product missing from the delivery slip, damaged package, broken products, etc.), the customer must record his observations on the purchase order. delivery and confirm them by email to the following address: [email protected].
Apart from cases of hidden defects, no complaint or reservation will be accepted, after receipt of the products by the customer, if the latter has not complied with the procedure detailed above.
If the delivery date of the goods exceeds 7 working days, in the absence of force majeure, in accordance with articles L114-1 and L121-20-3 of the Consumer Code, the customer has the possibility of denouncing the contract by registered letter with acknowledgment of receipt.
The contract is considered to be broken upon receipt by cockinou.com of the letter by which the customer informs him of his decision.
It is specified that only cancellations sent by RAR letter at the latest within 60 working days following the expiration of the deadline or the expected delivery date, and received before the delivery of the products concerned, will be taken into account by cockinou.com .
The sums paid when ordering will then be returned to the customer.
It is recalled that the delivery time may be increased, between 10 and 14 weeks, in the event of the sale of a second stock of products, as part of a flash sale as provided for in article 1 hereof.
In any case, the customer will be informed of the delivery time when confirming his order.
ARTICLE 10 - Withdrawal
In accordance with article L 121-20 of the Consumer Code, the customer has a withdrawal period of 14 clear days from the delivery of the product, allowing him to cancel his order and return the product to his costs, accompanied by its invoice and the return slip rigorously completed and signed.
These last provisions do not apply to any order made by the customer for a made-to-measure product ordered online and / or manufactured according to the customer's specifications and / or personalized, or which, due to its nature, cannot be reshipped. or is likely to deteriorate.
In the event of the return of goods referred to in paragraph 1 of this article, the customer is liable for the risks of transport.
Any withdrawal must be reported to cockinou.com customer service by email at the following address: [email protected]
These costs of sending the registered letter may be reimbursed on request.
cockinou.com will then contact the customer by email or phone to organize the return of the products and a return number will then be assigned to the customer.
The return procedure must be respected by the customer. No return will be accepted if the return notification procedure to cockinou.com has not been followed. Only products in new condition, complete (accessories, cushions, instructions if applicable) in their original packaging will be accepted.
Any product that has been damaged by the customer, or whose original packaging has been damaged in conditions beyond its simple opening, will not be refunded, or partially refunded.
The deadlines mentioned above run from the day of receipt of the order.
This legal right of withdrawal is exercised without penalty, with the exception of shipping costs.
The legal guarantee (Article 1641 of the Civil Code) does not apply to the repair of damage resulting from a cause external to the product or from the customer. In case of reimbursement, the customer is reimbursed by check, credit on his bank card or bank transfer. The terms of reimbursement are at the discretion of cockinou.com.
Returns remain at the expense, charge and risk of the customer. This is why cockinou.com advises its client to take out specific insurance with the carrier for the market value of the products. It is necessary so that the customer can protect himself against any case of deterioration or spoliation or loss of products by the carrier.
ARTICLE 11 - Guarantee
The products (excluding consumables) are guaranteed against any lack of conformity and hidden defects under the conditions provided for by the Consumer Code and the Civil Code. The customer must report defects and faults to cockinou.com as soon as they appear, by sending photographs.
The liability of cockinou.com is limited to the price of defective or non-conforming products, and in general, whatever the cause or form of the action concerned; cockinou.com cannot be held liable for compensation for indirect damage or any other financial loss suffered by the customer or a third party.
The choice and purchase of goods by the customer are under his sole responsibility. Consequently, the total or partial inability to use the products in particular due to incompatibility of the equipment cannot give rise to any compensation, reimbursement or questioning of the liability of cockinou.com, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal envisaged provided for by the consumer code.
ARTICLE 12 - Data Protection Act
In accordance with the French law "Informatique et Libertés" n ° 78-17 of January 6, 1978, the customer has the right to access and rectify data concerning him and can exercise this right by sending an email to the following address: [email protected]
Depending on the customer's selection when creating or modifying his account, he is likely to receive offers from cockinou.com. If he no longer wishes, he can, at any time, make a request to cockinou.com via his customer area or by writing to the above address. cockinou.com informs its customers that this automated processing of information, in particular the management of users' email addresses, has been declared to the CNIL.
ARTICLE 13 - Settlement of disputes and severability of clauses
These General Conditions of Sale will be executed and interpreted in accordance with French law.
The parties will seek, before any dispute, a possible amicable agreement Any dispute of any kind or dispute relating to the formation or execution of the order, even in the event of a warranty claim or multiple defendants, will be in the absence of amicable agreement of the exclusive jurisdiction of the Courts in the jurisdiction of which the head office of cockinou.com is located.
The fact that any clause of the general conditions of sale becomes null, unenforceable, null and void, illegal or inapplicable as a result of a law, a regulation or following a final decision of a competent court, cannot call into question the validity, legality, applicability of the other provisions of these general conditions of sale and will not exempt the customer from the performance of his contractual obligations.
ARTICLE 14 - Cookies
You have the right to access, withdraw and modify personal data communicated by means of cookies (more information on the CNIL website). Also, you can block cookies by activating the setting on your browser allowing you to refuse all or some of the cookies. However, if you choose to block all cookies (including essential cookies) you will no longer be able to access several essential features of cockinou.com.