These General Terms and Conditions of Sale are current as of August 1, 2023

ARTICLE 1 - DEFINITIONS

These General Terms and Conditions of Sale (hereinafter ''GTC'') are offered by the company Geeky, whose registered office is at 1 rue Royale – 262 bureaus de la colline 92213 Saint-Cloud

His email address is pleasuresgeeky@gmail.com.

The company is the owner and publisher of the website https://www.geekypleasures.fr/ (hereinafter '' the Site ''). The Site is hosted by Shopify Inc., domiciled at 151 O'Connor Street, K2P 2L8 Ottawa, Canada, reachable at +16132412828.

The Site offers the Customer (hereinafter ''the Customer'') the possibility of purchasing sex toys, jewelry and lingerie (hereinafter the ''Products'').

Before any use of the Site, the Customer must ensure that he has the technical and IT resources allowing him to use the Site and order the Products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his hardware/equipment is in good condition and does not contain any viruses.

ARTICLE 2 - APPLICATION AND OPPOSABILITY OF THE GCS

The purpose of these T&Cs is to define all the conditions under which the company markets the Products as offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter ''Order'') of Products placed on the Site by the Customer.

The Customer declares to have read and accepted these GCS before placing his Order.

The validation of the Order therefore implies acceptance of these GCS. These are regularly updated, the applicable T&Cs are those in force on the Site on the date the Order is placed.

Any contrary condition set by the Customer would therefore, in the absence of express acceptance, be unenforceable against the company regardless of when it may have been brought to its attention.

The fact that the company does not avail itself at a given time of any provision of these GCS cannot be interpreted as a waiver to avail itself later of any provision of the said GCS.

ARTICLE 3 - ORDERING PRODUCTS ON THE SITE

The company reserves the right to correct the content of the Site at any time.

The Products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, a minimal variation between the Product received by the Customer and its presentation on the Site may occur and does not engage the responsibility of the company and does not affect the validity of the sale. This is particularly the case for sex toys, being handcrafted, their color will systematically contain slight differences from the model presented on the site.

In order to order, the Customer must follow the following process:

1. Select the Product(s) of your choice and integrate them into your Order from their respective product page by clicking on “Add to cart”.
2. Access the summary of his Order on the “Basket” page. Check the details, prices and quantities of the selected Products. The customer has here the possibility of correcting possible errors before proceeding to the acceptance of his order.
3. Accept the T&Cs by checking the box provided for this purpose.
4. Validate the order by clicking on “Proceed to checkout”.

After acceptance of the GCS and validation of the Order with payment obligation, the contract is validly concluded between the company and the Customer and binds them irrevocably.

After having validated his delivery details and, where applicable, billing, the Customer proceeds to the payment of his Order according to the methods specified below.

ARTICLE 4 - PRICE AND CONDITIONS OF PAYMENT OF THE ORDER

The prices are mentioned on the Site in the descriptions of the Products, in euros and all taxes included.

The total amount is indicated in the summary of the Order, before the Customer accepts these GCS, validates his Order, informs and validates his delivery details and, where applicable, billing and proceeds to payment. This total amount is indicated inclusive of all taxes.

The Order of Products on the Site is payable in euros. The full payment must be made on the day of the Order by the Customer, by credit card, except for special conditions of sale expressly accepted by the Customer and the company.

In the event of payment by credit card, the Site uses the Stripe security system, a service provider specializing in online payment security. This system guarantees the Client the confidentiality of his banking information. The Customer's bank details are not stored electronically by the company. Stripe's general terms of use can be viewed at the following address: https://stripe.com/fr/privacy.

The Customer guarantees to the company that he has the necessary authorizations to use the method of payment, when placing the Order.

The company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount that would be due by the Customer to the company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

ARTICLE 5 - DELIVERY AND DEADLINES

The products offered on the Site can be delivered to countries of the European Union, Switzerland, the United Kingdom, DROMs (Guyanne, Martinique, Guadeloupe, Réunion, Mayotte), COM (French Polynesia, Saint- Pierre-et-Miquelon, Wallis-et-Futuna, Saint-Martin, Saint-Barthélémy) and New Caledonia.

Manufacturing times can vary from a few days to four weeks. As an indication, delivery times are approximately two days for Metropolitan France and five days for Europe.

Colissimo manages the delivery of the product(s) of the Order. Colissimo communicates to the email address provided by the Customer a tracking number allowing the delivery to be tracked.

The products ordered are delivered to the delivery address indicated by the Customer when ordering.

The company will not be responsible either if the non-receipt of the Products is due to the fact of a third party outside its intervention or in the event of theft.

In case of return of the Order due to the absence of the Customer, the company's customer service will contact the Customer for a second delivery at the Customer's expense.

ARTICLE 6 - CUSTOMER SERVICE

For any request for information, clarification or for any complaint, the Customer must contact, in priority, the customer service of the company, in order to allow the latter to try to find a solution to the problem.

The company's customer service can be reached at the following email address: pleasuresgeeky@gmail.com

ARTICLE 7 - LEGAL AND COMMERCIAL GUARANTEES

All products offered by the company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the warranty against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code.

The defective or non-compliant product will be replaced according to the cost methods provided for by the Consumer Code.

If a Customer believes that he has received a product that he considers to be defective or non-compliant, he must contact the company, as soon as possible after receipt of the Order, at the following email address: pleasuresgeeky@gmail. com specifying the defect or non-conformity in question.

It will be up to the Customer to provide any justification as to the designation of the apparent defects and/or anomalies observed. The Customer must allow the company every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or having a third party intervene for this purpose.

If the defects and/or anomalies are confirmed by the company, the latter will then send the Customer its instructions on how to proceed after having taken cognizance of the complaint thus formulated and, if necessary, will proceed to the replacement of the product whose company would have had to note the lack of conformity, or the defect.

ARTICLE 8 - CUSTOMER OBLIGATIONS

The Customer agrees to comply with the terms of these T&Cs.

The Customer undertakes to use the Site in accordance with the instructions of the company.

The Customer agrees that he only uses the Site for his personal use, in accordance with these T&Cs. In this regard, the Client agrees to refrain from:

To use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these T&Cs.

To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software enabling or comprising all or part of the Site.

To attempt to gain unauthorized access to the Site's computer system or to engage in any activity that disrupts, diminishes the quality or interferes with the performance or deteriorates the functionality of the Site.

Use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.

To infringe the intellectual property rights of the company and/or to resell or attempt to resell the products to third parties.

To disparage the Site and/or the products as well as the company on social networks and any other means of communication.

If, for any reason, the company considers that the Customer does not comply with these GCS, the company may at any time, and at its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action to against him.

ARTICLE 9 - RIGHT OF WITHDRAWAL

In accordance with articles L.221-18 and following 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 give reasons or pay a penalty.

All Products/Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:

The right of withdrawal cannot be exercised for contracts:

1. The supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;
2. 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. Supply of goods made to the consumer's specifications or clearly personalized;
4. Supply of goods likely to deteriorate or expire rapidly;
5. For the 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. The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
7. Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in 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. The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
11. Concluded during 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 supplied on a material medium, the execution of which has begun after the consumer's express prior agreement 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.

In the event of withdrawal by the Customer, the reimbursement of the Product(s) which has or have been the subject of the right of withdrawal is made by the company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any event, this refund will not incur any costs for the Customer. The refund is made as soon as possible, and no later than 14 days from the day the company is informed of the Customer's decision to withdraw from his Order.

In accordance with the legislation in force, you have a period of 14 days from receipt of your order to request an exchange or a refund. To make a return, your package must contain

• the product returned in its original condition, intact and complete, without having been worn or used, and in its original packaging with the seal and the intact blister
• the invoice for your order, specifying whether you wish an exchange or a refund.

Geeky Pleasures reserves the right to refuse a return if these conditions are not met. However, if everything is in order, you will be refunded directly to the credit card used during the purchase within a maximum period of 14 days following receipt of your returned package.

In the exceptional case of a defective product, Geeky Pleasures will cover the return costs;

In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his responsibility is only engaged with regard to the company for a depreciation of the product (s), returned (s) following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.

ARTICLE 10 - RESPONSIBILITY

The company implements all the appropriate measures to ensure the Customer the supply, under optimal conditions, of quality product(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable event of a third party unrelated to the contract, or to a case of force majeure. More generally, if the liability of the company were to be engaged, it could in no case agree to compensate the Customer for consequential damages or whose existence and/or quantum would not be established by evidence.

The company cannot be held liable for damage caused by misuse of one of its products or by non-compliance with the precautions for use and hygiene, storage and safety conditions when using one of its products. Products/Services.

The Site may contain links to other sites not published or controlled by the company, which cannot be held responsible for the operation, content or any element present or obtained through these sites.

The establishment of such links or the reference to any information, articles or services provided by a third party, cannot and cannot be interpreted as an express or tacit endorsement, by the company, of these sites and these elements nor of their contents.

The company is not responsible for the availability of these sites and cannot control their content or validate the advertising, the product(s) and other information disseminated on these websites.

It is expressly stipulated that the company can in no way be held responsible, in any way whatsoever, for the case where the computer equipment or the electronic mail of the Customers would reject, for example because of an anti-spam, the e-mails sent by the company, and in particular, without this list being exhaustive, the copy of the payment ticket, the summary statement of the Order or the e-mail for tracking shipment.

The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the company would never have contracted.

ARTICLE 11 - SECURITY

The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the company's information system. The Customer may not harm or hinder the company's information system either. Failing this, the company may take any measure against it and in particular incur criminal liability under articles 323-1 and following of the Criminal Code.

ARTICLE 12 - INTELLECTUAL PROPERTY AND PERSONAL DATA

All the elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the company. All these rights are reserved for the whole world.

The name and brand logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the company.

No title or right to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and the elements and software it contains, no more modify them or perform any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.

The company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.

The company understands that the protection of data and privacy is an issue for all Internet users visiting the Site. The company undertakes, in accordance with the GDPR regulations, to respect the privacy of the Customer and to protect personal data, ie data likely to identify you directly or indirectly as a person.

As part of the order, the company is intended to collect the Customer's personal data. The company is committed to protecting the personal data of customers.

The files containing the personal data necessary for the order are in particular kept on the servers of the host of the Site. This provider ensures compliance with the requirements of the General Data Protection Regulation (GDPR). The company does not communicate or trade in the personal data of customers.

At the stage of the order on the Site, the Customer expressly consents to the collection and processing of his personal data necessary to place the orders.

The personal data collected by the company is intended to allow the fulfillment of the order. The various personal data will not be kept longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or tax obligations.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as ''Informatique et Libertés'', and the general data protection regulations ( GDPR), subject to proving your identity, any Customer, regardless of nationality, has the right to access, modify and delete their personal data. Each Customer is also entitled to request a limitation of the processing of his data and also has a right to data portability as well as a right to oppose the processing of personal data concerning him.

For the purposes of applying this clause and, in particular, to ensure the confidentiality of Customer data, the company has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer. data protection, who can be contacted at the following address: pleasuresgeeky@gmail.com

ARTICLE 13 - NEWSLETTER

By ticking the box provided for this purpose or by expressly agreeing to this end, the Customer accepts that the company may send him, at a frequency and in a form determined by it, a newsletter (newsletter) which may contain information relating to its activity.

When the Customer ticks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the company for Products similar to those ordered.

Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters.

ARTICLE 14 - APPLICABLE LAW AND ALLOCATION OF JURISDICTION

These T&Cs are governed and interpreted in accordance with French law. In the event of a dispute, the French courts will have sole jurisdiction.