General conditions of sale

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site https://obsidian-pleasure.com. The Products offered for sale on the site are as follows:

Intimate toys, clothing with our brand logo

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://obsidian-pleasure.com which the customer is required to be aware of before ordering.

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

Product offers are subject to availability of stock, as specified when the order is placed.

These T&Cs are accessible at any time on the site https://obsidian-pleasure.com and will prevail over any other document.

The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site. https://obsidian-pleasure.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:

Bryan ARMATYS

12 rue Gustave Rouanet, 75018, Paris

Registration number (SIREN):  895381002

Email: contact@obsidian-pleasure.com

ARTICLE 2 - PRICE

The Products are provided at the current prices listed on the site https://obsidian-pleasure.com, when registering the order by the Seller.

Prices are expressed in Euros, excluding and including VAT.

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

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

Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.

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

An invoice is drawn up 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 on the site https://obsidian-pleasure.com the Products he wishes to order, according to the following terms:

The Customer chooses a Product that he puts in his basket, Product that he can delete or modify before his order and accepting these general conditions of sale. He will then enter his contact details or connect to his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms provided...

Product offers are valid as long as they are visible on the site, within the limit of available stocks.

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

Any order placed on the site https://obsidian-pleasure.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.

ARTICLE 4 - PAYMENT CONDITIONS

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

• payment by bank card

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

However, the Customer may, when this possibility is indicated on the site https://obsidian-pleasure.com, pay according to the following conditions and schedule:

Payment of the order in 3 or 4 times by credit card with Klarna debited every month on the date of purchase.

In this case, in the event of late payment and payment of the sums due by the Customer beyond the deadlines set above, and after the payment date appearing on the invoice sent to the latter, late payment penalties calculated at the legal rate applicable to the amount including tax of the purchase price appearing on said invoice, will be acquired automatically and as of right by the Seller, without any formality or prior formal notice.

Late payment will result in the immediate payment of all amounts owed by the Customer, without prejudice to any other action that the Seller would be entitled to take, in this respect, against the Customer.

Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.

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

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

The Seller will not be required to deliver the Products ordered by the Customer if the latter 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 or in the following area(s):

• Corsica

Deliveries take place within 5 to 8 working days after the order is shipped 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 in the 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 time periods specified above.

If the Products ordered have not been delivered within 7 days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out 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 made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.

When the Customer has himself taken charge of calling on a carrier that he himself chooses, the delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse under warranty 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 conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to specific additional invoicing, on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the products delivered. He has a maximum period of 24 hours from delivery to make complaints by email to contact@obsidian-pleasure.com accoaccompanied by all supporting documents relating thereto (photos in particular). After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its own 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. of the 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 risk of the Seller except when the Customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Seller to the Customer will be made upon acceptance of the order by the Seller, materializing the agreement of the parties on the thing and on the price and this whatever the date of payment and delivery.

ARTICLE 7 - RIGHT OF WITHDRAWAL

According to the terms of article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good.”

The right of withdrawal may be exercised online, using the attached withdrawal form and also available on the site or any other declaration, free of ambiguity, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the T&Cs.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted.

The return costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES

The Products supplied by the Seller benefit from:

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

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him 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 a similar good 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 has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling

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 by two years from the delivery of the good.”

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 so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

Article 1648 paragraph 1 of the Civil Code

“The action resulting from latent 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 the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, 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 request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention."

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

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

Shipping costs will be refunded based on the rate charged and return costs will be refunded 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 finding by the  Seller of the lack of conformity or hidden defect. This reimbursement may be made by bank transfer or check.

The Seller shall not be held liable in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
• 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 responsibility of the Seller.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

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. This personal data is collected only for the execution of the sales contract.

9.1 Collection of personal data

Personal data collected on the site https://obsidian-pleasure.com are the

following.

Product Order: _________________

When ordering Products by the Customer:

Names, first names, postal address, telephone number and email address.

Payment

As part of the payment for the Products offered on the site https://obsidian-pleasure.com, this records financial data relating to the Client/user's bank account or credit card.

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 expressly agrees, his/her 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 of the applicable contractual civil liability.

9.6 Security and Privacy

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 Client and User Rights

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

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

Send us an email at contact@obsidian-pleasure.com afin that we can delete your personal data.

• 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 that the information be updated 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, provided that they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

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

In the event of refusal to comply with the Client's request, reasons must be given.

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 to agree to receive informative and advertising emails from the Seller. The Customer will always have the option to withdraw their consent 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://obsidian-pleasure.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 infringement of copyright.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These General Terms and Conditions and the operations resulting from them are governed by 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 shall 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 T&Cs.

The Client is informed that he may in any event resort to conventional mediation, with 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:

CNPM CONSUMER MEDIATION SAS

27, avenue de la Liberation, 42400 Saint-Chamond

https://www.cnpm-mediation-consommation.eu/

Email: contact-admin@cnpm-mediation-consommation.eu.

The Customer is also informed that he can also use the Online Payment platform.

Dispute (RLL): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from purchase and sale transactions concluded under these General Terms and Conditions and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

Withdrawal form

Date : __________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://obsidian-pleasure.com except for exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Conditions of Sale.

For the attention of  ________________

Postal address:  ________________________

I hereby notify the withdrawal of the contract relating to the goods below:

• Order of (indicate date): ________
• Order number: __________
• Customer Name:  _________________
• Customer Address: __________________

Signature of the Client (only if this form is notified on paper)