Terms & Conditions
Conditions of sale • Sexydelaweb
Last update: November 2021
The website https://www.sexydelaweb.com is administered by MB Jaukus-Namai.lt, a company incorporated under Lithuanian law with the registration number 305480887, with a capital of 100€ and its registered office in VILNIUS (LT).
E-mail: info@sexydelaweb.com
Telephone number: +352 691 698 691
VAT number LT100013334512
1. Scope and definitions
1.1 These terms and conditions apply exclusively to all business transactions between MB Jaukus-Namai.lt (hereinafter referred to as “Sexydelaweb” or “we”) and the buyer (hereinafter referred to as “you” or “the customer”) in the version in effect at the time of the order.
1.2 The services are exclusively intended for consumers. The definition of a consumer is that set out in the introductory article of the French Consumer Code as any natural person who enters into a legal transaction for purposes that do not fall within the scope of his or her commercial, industrial, craft or liberal activity. All products are sold only in normal household quantities. This restriction applies to the number of products ordered in a single order and to the total number of products ordered when several orders have been placed for the same product.
2. Conclusion of the contract and order
2.1 All offers are valid “while stocks last”, which you will be informed of in the online shop.
2.2 Customers can select products from our range and place them in a shopping cart by using the “add to cart” button. By clicking on the “buy now” button, they agree to purchase the products in the shopping cart and pay for them. Customers can view and change the information at any time before placing the order.
2.3 We will then send the customer an automatic order confirmation by email which includes a list of the items ordered. The customer has the option to print this out using the “print” function (order confirmation).
Please note that prepaid items will only be dispatched after the full amount due has been credited to our account. If payment is not made despite several reminders fourteen (14) calendar days after receipt of the order confirmation, we will cancel the contract. This will result in the cancellation of the order and we will have no obligation to deliver to you.
2.4 Statutory liability applies for defects and all applicable statutory liabilities (see section 6) are retained.
3. Delivery and availability of items
3.1 Deliveries are only made to France (excluding French overseas departments). We do not deliver to any other country.
3.2 Items are generally delivered by post to the delivery address provided by the customer and located in the area specified in paragraph 3.1. The delivery address provided during the ordering process will be final for the processing of the order.
3.3 The customer is responsible for providing us with the correct delivery address when ordering. We are not obliged to check the delivery address before delivering the goods. If the goods cannot be delivered due to an incorrect address, we may charge the customer for the costs incurred as a result of the failed delivery attempt. In this case, we reserve the right to ask the customer for their delivery address, to set a deadline for the customer to accept the items and to re-ship if the shipping costs are paid. If the second delivery attempt is unsuccessful, we reserve the right to withdraw from the contract.
4. Payment
We offer the following payment methods: credit card, PayPal and advance payment. For any order, we reserve the right not to offer certain payment methods and to refer to other payment methods.
5. Retention of title
5.1 The purchased items will remain our property until full payment of the invoiced amount.
6. Legal guarantee
French law grants you the following rights and guarantees: We offer you the protection afforded by law under the legal guarantee of conformity set out in Articles L. 217.4 to L. 217-12 of the Consumer Code and the guarantee against hidden defects set out in Articles 1641 to 1649 of the Civil Code.
Guarantee of conformity
According to Article L. 217-4 of the Consumer Code, the seller is responsible for delivering goods that conform to the contract and is also liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
According to Article L. 217-12 of the Consumer Code, the action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
In case of defect, the consumer is entitled to ask Sexydelaweb to repair or replace the item, according to Article L. 217-9 of the Consumer Code. Sexydelaweb may nevertheless decide not to comply with the customer’s choice if this choice entails costs that are clearly disproportionate to the other options, given the value of the product or the seriousness of the defect.
If it is not possible to repair or replace the product, the consumer may choose between an appropriate reduction of the price or the cancellation of the contract, in accordance with Article L. 217-10 of the Consumer Code. During the 24-month period following delivery of the product, the customer will not have to prove the existence of the defect.
Guarantee for hidden defects
The consumer can also invoke the guarantee for hidden defects as defined in Article 1641 of the Civil Code.
According to this article, the seller is liable for hidden defects in the item sold which make it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, had he known about them.
In this case, the consumer may choose between rescinding the contract or requesting a reduction in price, in accordance with Article 1644 of the Civil Code.
7. Shipping costs and prices
7.1.1 Once you have provided your delivery address, the relevant prices and delivery charges will be shown on the order summary.
7.2 The prices shown are the final prices in Euros, including VAT.
7.3 We only deliver by post. It is not possible to collect the order in person.
7.4 The delivery charge is 4.95 euros, including VAT. Delivery is free of charge for purchases of more than 50.00 euros, VAT included (this does not include any return costs). Sexydelaweb may apply lower delivery charges, of which you will be informed when placing your order.
8. Damage in transit
If the items have suffered visible damage in transit, please inform the carrier as soon as possible and contact us immediately. Failure to report such damage or to contact us will not affect your rights, including your guarantees. However, it will help us to file a claim with the carrier or its insurance company.
9. Legal right of withdrawal
YOU HAVE A LEGAL RIGHT OF WITHDRAWAL WHEN YOU PURCHASE SEXYDELAWEB PRODUCTS:
We regret that you wish to cancel your order. But of course this is not a problem. If the product has not been used and the seal that guarantees the hygiene of the product has not been damaged, you can return the product to us.
First of all, we would like to inform you that you can use our return label, which is available from our support centre.
If you have any difficulties, you can also contact our customer service at customercare@sexydelaweb.com. Help us avoid unnecessary costs and return your items as soon as possible. Do not send them back without a return label.
The right of cancellation only applies to consumers in accordance with Articles L. 221-18 et seq. of the French Consumer Code.
Right of cancellation
The customer has the right to cancel the contract within fourteen (14) days without giving any reason. The cancellation period is fourteen (14) days from the day on which the customer or any other party designated by the customer other than a carrier has taken possession of the last item.
In order to exercise its right of cancellation, the customer must inform us (Sexydelaweb, e-mail: customercare@sexydelaweb.com) by an unambiguous statement (simple mail or e-mail) stating its decision to cancel the contract. The customer can use the attached cancellation form, but this is not an obligation.
In order to comply with the cancellation period, it is sufficient for the customer to send a notification concerning the exercise of his right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If the customer cancels the contract, we will immediately refund all payments received, including delivery costs (with the exception of any additional costs incurred as a result of the customer’s choice of a delivery method other than the cheapest standard delivery offered by us) and within fourteen (14) days at the latest from the day we receive the notification of cancellation of the contract. We will use the same payment method for the refund as the customer used for the transaction, unless explicitly agreed with the customer. No fee will ever be charged to the customer.
Refunds may be suspended until the earlier of the time we receive the returned items or until the customer provides proof that they have returned the items.
The customer must return the items promptly, and no later than thirty (30) days from the day he informed us of the cancellation of the contract:
Sexydelaweb
Spain
The deadline is met if the customer sends the items before the expiry of the period of fourteen (14) days.
The client will bear the cost of return. SexydelaWeb reserves the right to modify these terms for the benefit of the client. The customer is only responsible for the loss of value of the items if this loss of value can be attributed to handling on his part that was not necessary to inspect the nature, qualities and function of the items.
Cancellation form
(If the customer wishes to cancel the contract, he/she must complete this form and return it to us).
(1) – To: Sexydelaweb; e-mail: customercare@sexydelaweb.com
I/We (*) hereby cancel the contract that I/We signed (*) concerning the purchase of the following items (*) / services
ordered on (*) / received on (*)
Name of customer(s)
Address of customer(s)
Signature of customer(s) (only in case of written notification)
Date
(*) Delete as appropriate
Exceptions to the right of withdrawal
The right of withdrawal does not apply to distance purchases of
sealed goods which, for reasons of hygiene and safety, cannot be returned if the sealed packaging has been opened after delivery;
audio or video recordings, or computer software if the sealed packaging has been opened after delivery.
10. Extension of the right of return
10.1.1 For purchases made on our website (www.sexydelaweb.com), we freely grant our customers a right of return of thirty (30) days in total in addition to their statutory right of cancellation (see section 9.1). Customers may withdraw from the contract after the expiration of the statutory right of cancellation by returning the items to us at their own expense within thirty (30) days of receiving them, to the following address
Sexydelaweb
Spain
A timely shipment is sufficient to meet the deadline. This right of return can be exercised provided that the items are still in their original packaging, i.e. the packaging is not damaged and with all accessories, the delivery note or the return note must be filled in and attached, as well as any guarantee sheet. Sealed and shrink-wrapped products can only be returned if the packaging has not been opened. Seals must not have been damaged.
10.2 If the items received are in good condition, we will refund the customer the purchase price after inspection of the items. The refund will always be made by the same method of payment used for the purchase. However, for deliveries of goods with a value of less than EUR 50.00, we will deduct EUR 3.95 from the refunded amount for shipping costs or will invoice the customer for this amount at a later date and deduct it from the refunded amount if the value of the order after the return of the items falls below EUR 50.00. The same conditions apply to shipping costs that deviate from the standard rate (3.95 euros) (e.g. express delivery).
10.3 Certain items, in particular seasonal offers such as our Sexydelaweb advent calendar or items that are also excluded from the statutory right of withdrawal may be excluded from the extended right of return. Information for customers on products not included in the optional right of return is explicitly stated on the pages concerning these products.
10.4 Compliance with our rules on the contractually agreed additional right of return (freely granted) does not affect the statutory right of cancellation (see 9.1) which remains in force independently of this. The conditions set out for the statutory right of cancellation apply only until its expiry. The contractual right to return goods (granted voluntarily) does not limit your statutory warranty rights, which remain in full force.
11. Liability
11.1 We are fully liable to you for any breach of our obligations as set out in these terms and conditions. We are only liable for direct damages.
11.2 In the event of a breach of our obligations, our liability is limited to foreseeable damage, i.e. damage that was foreseen or could have been foreseen at the time the contract was concluded. We shall never be liable in the event of force majeure, as defined in Article 1218 of the French Civil Code.
12. Disposal of batteries
Batteries or accumulators may be part of the products we ship, so we would like to draw your attention to the following points:
Batteries or accumulators must not be disposed of with household waste. Instead, you are legally obliged to return used batteries and accumulators. Used batteries may contain hazardous substances which, if not stored or disposed of properly, can cause damage to the environment or your health. Batteries also contain valuable raw materials such as iron, zinc, manganese and nickel and can be recycled.
You can take used batteries to a municipal collection point or return them free of charge to your local shops.
Returns to shops are limited to normal quantities for an end consumer and to batteries that the distributor has in stock or has stored in new condition.
The crossed-out wheeled bin symbol means that batteries and accumulators should not be disposed of with household waste. Other symbols may be found below this one. They have the following meanings:
Pb: The battery contains lead
Cd: Battery contains cadmium
Hg: Battery contains mercury
13. Disposal of electrical equipment
According to the Environmental Code, we take back your used electrical and electronic equipment within the limits of the quantity and type of equipment ordered. This means that you can return a used electrical or electronic device free of charge when you buy a new product of the same type.
We would like to point out to owners of electrical and electronic equipment that, in accordance with current regulations, used electrical equipment must be disposed of separately from household waste. In fact, the WEEE regulation aims to minimise the amount of waste disposed of by households with their household waste. Separating waste electrical and electronic equipment from other waste allows it to be treated. Hazardous substances can be removed and a large amount can be recycled rather than sent to landfill. The crossed-out wheeled bin symbol below and on used electrical and electronic equipment also refers to the obligation to dispose of it separately:
You can also drop off your old electrical and electronic equipment at a collection point or use any other collection system set up by your municipality. For more information, please contact your municipality.
The consumer concerned is responsible for the deletion of personal data from the used electrical appliance that is to be disposed of.
14. Use of special offer vouchers
14.1 Special offer vouchers (vouchers which cannot be purchased but which we distribute as part of advertising campaigns with a defined period of validity) are only valid for the specified online shop and only for the defined period. They are only valid once per order. Certain brands and products may be excluded from special voucher offers.
14.2 Special offer vouchers can only be used once per customer for the minimum purchase amount specified for the respective promotion and until the specified date. Special offer vouchers may not be used in conjunction with other promotional offers.
14.3 If the value of the items ordered is lower than the voucher amount, we will not refund the remaining credit for administrative reasons.
14.4 Vouchers for special offers must be redeemed before placing an order. They cannot be redeemed afterwards. The credit on the vouchers cannot be redeemed in cash and interest is not added.
14.5 Special offer vouchers are not transferable. It is not possible to use several special offer vouchers at the same time.
14.6 If the credit on the special offer voucher is insufficient to place an order, the difference can be paid using one of the payment methods offered.
14.7 The special offer voucher will not be refunded if all or part of the items are returned and if the voucher was distributed as part of an advertising campaign without consideration.
14.8 The special offer voucher will lose its validity if all or part of the items are returned and the minimum amount required to use the voucher is no longer reached. In this case, we reserve the right to charge you the original price of the items you wish to keep.
15. Use of gift vouchers
15.1 Gift vouchers – vouchers that can be purchased – can be used to purchase items on www.sexydelaweb.com. However, they cannot be used to purchase other gift vouchers.
15.2 Gift vouchers are valid for 3 years from the end of the year of purchase.
15.3 If the credit balance of a gift voucher is not sufficient for the order, the difference to a higher value of the goods can be compensated using the payment options offered. If the amount of the gift voucher exceeds the value of the order, a balance remains on the gift voucher card. If the goods are returned in whole or in part, a full or partial credit will be given to the Gift Voucher accordingly.
15.4 Gift Vouchers and credits can only be redeemed prior to the completion of the order process. Subsequent credit is not possible. Multiple gift vouchers cannot be combined, unless otherwise agreed by us.
15.5 The value of a gift voucher will not be paid out in cash or bear interest. The gift voucher is transferable. The use of gift vouchers for commercial purposes is not permitted. Our gift vouchers are multi-purpose vouchers.
15.6 We are not liable for lost, stolen or illegible gift vouchers through no fault of our own. It is not possible to block the gift voucher card. We are also not responsible for any spelling mistakes in the email address of the gift voucher recipient. The duplication, editing or falsification of gift vouchers is also prohibited.
15.7 Different delivery charges may apply to the purchase of a gift certificate. These will be calculated and displayed during the ordering process.
15.8 With regard to gift vouchers, the statutory right of cancellation applies in accordance with paragraph 9 of these General Terms and Conditions. The gift voucher is excluded from the exchange. The voluntary right of return of one hundred (100) days does not expressly apply to gift certificates.
16. Data protection
16.1 Information on data protection can be found in our special notice: www.sexydelaweb.com/protection-des-donnees/.
17. Dispute resolution
17.1 If we are unable to resolve a dispute with you through our internal complaints procedure, we will notify you and provide you with information about our alternative dispute resolution system, including the contact details below, in accordance with the regulations. In this case, or in case you are not satisfied with the solution proposed by our internal complaints service, you can write to our mediator
FEVAD’s e-commerce mediator at the following address: www.mediateurfevad.fr/index.php/espace-consommateur/
We stress that we do not wish to and are not obliged to take part in any dispute resolution procedure before a consumer arbitration board.
17.3 Our customer service can be contacted at: customercare@sexydelaweb.com.
17.4 The European Union Commission has set up a platform for online dispute resolution (OS platform) which can be found at http://ec.europa.eu/consumers/odr/.
18. Language of the Contract, Storage of the Contract Text and Final Provisions
18.1 Lithuanian law shall apply to any contract between us and the customer to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Specific consumer legislation deviating from this shall remain unaffected.
18.2 The language of the contract is English.
18.3 We do not save the text of the contract. You can, however, save the general terms and conditions by using the save function of your internet browser. In addition, you will find a link in the order confirmation that allows you to retrieve and download the general terms and conditions. The general terms and conditions are also attached to the order confirmation as a PDF file.
18.4 If one or more of the provisions of these terms and conditions should become invalid, this shall not invalidate the entire agreement. The invalid provision will be replaced by the appropriate legal provision.