Terms and Conditions of Sale
As of 12/19/2023
1. General provisions
2. Identification of the supplier
3. Information about the products and their availability
4. Prices
5. Contract execution
6. Payment method
7. Transport and delivery
8. Dispatch and delivery confirmation
9. Wrapping and packaging
10. Right of withdrawal
11. Customized products
12. Replacement of products
13. Non-compliance
14. Authenticity guarantee and intellectual property rights
15. Applicable law and competent jurisdiction
16. Contacts
17. Consumer mediator
1. General provisions
1.1 These general terms and conditions of sale (“Terms and Conditions”) apply to all sales of Pudibondage products made through the website “https://pudibondage.com.”
1.2 The sale of the products covered by these Terms and Conditions is exclusively reserved for consumers (“Clients” or “Client”), natural persons acting outside the scope of commercial or professional activities and aged over 18 years.
1.3 The language in which a sales contract can be concluded through this website is French.
1.4 Clients must carefully read these Terms and Conditions, which can be consulted on the website so that the Client can be aware of them, keep a copy, and reproduce them. A copy of the Terms and Conditions will be sent to the Client by Pudibondage in accordance with Article 5.10 below. Sales contracts executed with Clients will be archived by Pudibondage for the retention period prescribed by applicable laws.
2. Identification of the supplier
2.1 The provider is Pudibondage, with its registered office at 3 Square du Menou, 35200 Rennes, France, email: pudibondage@gmail.com
3. Information about the products and their availability
3.1 The website provides information about the Products (along with relevant Product codes) and the applicable prices.
3.2 Pudibondage reserves the right, at any time, to limit the quantities and/or types of Products available on its website. The styles, models, and colors of the Products described on the website may be changed without prior notice. During the purchasing process, an automated response message will inform the Customer that the order cannot be processed due to the unavailability of the ordered Product; Pudibondage is not responsible to the Customer for the unavailability of the Product before the conclusion of the contract.
3.3 The maximum number of copies of each Product that can be included by the Customer in their order proposal is three units.
3.4 Under no circumstances can Pudibondage be held responsible for errors resulting from a failure of the Customer’s connection to the website.
4. Prices
4.1 The prices of the Products listed on the website are in Euros and include all applicable taxes and charges. Delivery costs, if any, must be added to the prices of the Products and will be indicated separately in the order form, in accordance with the principles provided by applicable laws.
4.2 Pudibondage conducts regular checks regarding the accuracy of the prices of the Products on the website; however, Pudibondage cannot guarantee that the website is free of errors. In case an error in the price indication is detected, Pudibondage must reject the order and offer the Customer the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Pudibondage will also give the Customer the option to cancel the order.
5. Contract execution
5.1 The essential characteristics and the price of each Product are displayed on the website. The information displayed on the website does not constitute an offer from Pudibondage.
5.2 Before placing an order through the website, the Customer must carefully read all the instructions provided during the purchasing process (including any potential delivery costs, the conditions of the right of withdrawal, the privacy policy), as well as these General Conditions.
5.3 To purchase Products, the Customer must (i) include the selected Products in the shopping cart by clicking on the corresponding button, (ii) fill in the order proposal, (iii) choose the payment method, (iv) accept the General Conditions, and (v) submit the order proposal to Pudibondage through the website.
5.4 Sending the order constitutes a proposal to purchase the selected Products, subject to these General Conditions, and is binding on the Customer, subject to the right of withdrawal provided in Article 10. Sending the order proposal by the Customer obliges the latter to pay the price of the ordered Products.
5.5 Any error or change in the data entered by the Customer in the order proposal can be validated by the Customer by following the process described on the website before submitting the order proposal (for example: the Customer can decide to modify the quantity of Products to be purchased by adding or removing one or more items from their shopping cart).
5.6 The order proposal and the data related to the Customer in connection with the order proposal will be kept by Pudibondage for the period required by applicable laws, as provided in the privacy policy. Pudibondage may refuse any order proposal within 30 days of receiving said proposal. In this case, no consideration will be due by the Customer to Pudibondage. Pudibondage may refuse an order proposal in the following cases (as examples, not exhaustive): (i) the Products are not available (subject to the provisions of Article 3.3); or (ii) activities are declared or suspected to be illegal or fraudulent, including purchases suspected of being made for commercial purposes; or (iii) the Customer has not fulfilled their obligations arising from a previous contract executed with Pudibondage.
5.8 The contract between Pudibondage and the Customer is concluded upon receipt, by the Customer, of the acceptance by Pudibondage of the order proposal (‘Order Confirmation’). Acceptance (or refusal) by Pudibondage must be communicated to the Customer by email to the address provided by the Customer in the order proposal.
5.9 In case of unavailability of one or more of the Products, the Customer will receive an email informing them appropriately of the unavailability of the Products. In such a case, the order proposal will be canceled or partially accepted only for the available Products. In case of partial acceptance, the Customer will have to pay (or will be debited, if paying by credit card) only the price of the available Products.
5.10 Pursuant to the provisions of Article L.121-19-1 of the Consumer Code as described below, the Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and payment methods, information on delivery costs, if any, information about the Contact at Pudibondage, information on the conditions and methods of exercising the right of withdrawal, including information on the exclusion of the right of withdrawal for customized Products, the address to which claims can be sent, and information on after-sales services and existing commercial conditions (if any). It will also include a copy of these General Conditions.
5.11 Once the Order Confirmation is sent to the Customer, the order cannot be canceled or modified. However, the Products shipped can be returned as indicated in Article 10 below.
5.12 The risks of loss or damage to the Products are transferred to the Customer when the Customer (or a third party designated by the Customer and other than the carrier) has acquired physical possession of the Product.
6. Payment method
6.1The payment of the price of the Products included in the order proposal, as well as applicable taxes and shipping costs, if any, must be paid by the Customer by credit card or bank transfer.
6.2 Pudibondage accepts the following credit cards: Visa, V PAY, MasterCard, Maestro, American Express, Discover, Diners Club, or Union Pay.
6.3 The transactions will be debited from the Client’s credit card only after: (i) the credit card data has been verified; (ii) authorization to debit the card has been received from the issuer of the card used by the Client; and (iii) the availability of the Products has been confirmed by Pudibondage.
6.4 In some cases (such as, for example, the purchase of personalized Products), which will be indicated to the Client before they can submit the order proposal, the transaction will only be debited from the Client’s credit card after: (i) the credit card data has been verified; and (ii) authorization to debit the card has been received from the issuer of the card used by the Client.
6.5 Subject to what is provided in article 6.4, no debit will be made at the time of transmitting the order proposal, except for temporary charges necessary to validate the credit card, if applicable. It is understood that once the order has been executed, these temporary charges will be canceled and replaced by the amount payable by the Client. Furthermore, in the event of order cancellation, these temporary charges will also be permanently canceled.
6.6 If for any reason it is impossible to debit the amount payable by the Client (or obtain the amount due available in Pudibondage’s bank account in the case of a bank transfer) within the specified time frame (see point 6.6 above), the contract will not be executed, and the order will be canceled.
6.7 For each order, Pudibondage must send the Client an invoice for the Products by email or by mail, in accordance with applicable law or regulations. The invoice will be prepared based on the information provided by the Client at the time of the order. No modifications to the invoice can be made once it has been issued.
7. Transport and delivery
7.1 The purchased Products will be delivered on business days by a delivery service chosen by Pudibondage (hereinafter the ‘Delivery Service’). The Products will be delivered to the address provided by the Client in the order proposal.
7.2 Unless in case of force majeure or the occurrence of unforeseen circumstances, the purchased Products will be delivered within 40 days from the date indicated on the Order Confirmation. If the delivery has not taken place within the aforementioned period, the Client may cancel the Contract, and Pudibondage shall, without undue delay, refund all amounts paid under the Contract.
7.3 At the time of delivery of the Products by the delivery service, the Client (or a designated representative) must: (i) ensure that the number of items delivered corresponds to what is indicated on the delivery note; (ii) ensure that the packaging and seals are intact, undamaged, or have not been wet or altered in any way; (iii) sign the delivery receipt; and (iv) upon request from the delivery service, present his/her identification. Any damage to the packaging and/or the Product, or any discrepancies between the number of items and the supporting documents must be immediately noted in writing on the delivery receipt from the delivery service. Subject to contrary provisions provided in applicable laws, once the delivery service document has been signed and no objections have been raised by the Client, the Client can no longer object to the external characteristics of the delivered package, with the understanding that the Client is acknowledged the right to later raise objections related to other characteristics of the Products in accordance with the conditions set out in Article 13 below.
7.4 The shipping costs, if applicable, will be borne by the Client and will be separately indicated on the order form as well as on the invoice.
8. Dispatch and delivery confirmation
8.1 Pudibondage must send the Client a shipping confirmation by email once the Products have been dispatched.
9. Wrapping and packaging
9.1 The Products purchased from the website are delivered with Pudibondage’s standard packaging.
10. Right of withdrawal
10.1 In accordance with Article L.121-21 of the Consumer Code as described below, the Customer has the right to withdraw from the contract, which can be exercised without giving any reason within a period of 14 (fourteen) days from the date on which the Customer (or their authorized representative to receive the Products) physically takes possession of the Products, and in the case of partial delivery, the last Product.
10.2
To exercise their right of withdrawal, the Customer must, within the period mentioned in Article 10.1 above, send by email or by postal mail:
• the attached withdrawal form, duly completed and signed; or
• a communication of their intention to exercise their right of withdrawal in accordance with Article L121-21 of the Consumer Code; such communication must include the following information: (i) the indication of the Product for which the Customer wishes to exercise their right of withdrawal; (ii) the order number; and (iii) in case the Customer purchases the Product by bank transfer, the Customer’s IBAN code to which the refund can be made;
To the following address:
Hamandjian Clara
3 square du Menou
35200 Rennes
France
pudibondage@gmail.com
10.3 Within 15 days from the communication of the withdrawal (sent in accordance with Article 10.2 above), the Customer must return the purchased Product to Pudibondage at Hamandjian Clara, 3 square du Menou, 35200, Rennes, France. Unless otherwise indicated on the website, the return shipping costs for the Products are the responsibility of the Customer. The Products will be returned in their original condition, unaltered, unused, undamaged, and with their original labels attached to the Products. In case of a decrease in the value of the Products resulting from the handling of the goods by the Customer beyond what is necessary to establish the nature, characteristics, and functioning of the goods, Pudibondage reserves the right to refuse the return of the Products. The Customer is solely responsible for any decrease in the value of the Products resulting from the handling of the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
10.4 Pudibondage must refund all payments received from the Customer, including any delivery charges, within 15 days of receiving the returned Products, or after the Customer has provided proof of the return of the Products, with the date closest to these two dates being retained. The refund will be made by Pudibondage using the same payment method as the one used by the Customer for the initial transaction, unless the Customer has expressly agreed to another method and provided that the Customer does not incur any fees in connection with this refund.
11. Customized products
11.1 In accordance with Article L121-21-8 of the Consumer Code as described below, the right of withdrawal does not apply to (i) orders for personalized Products, such as, for example, those with the initials of the Customer inscribed on the Product; (ii) those which are likely to deteriorate or expire easily; (iii) and those which cannot be returned given their nature (e.g., a Product that was sealed and then opened by the Customer), or for reasons of hygiene.
12. Replacement of products
12.1
Without prejudice to the Customer’s rights under Articles 10 and 13, and except for personalized Products, Pudibondage allows the replacement of Products purchased on the website, according to the following procedure:
(I) once the Products are received, the Customer must contact Pudibondage without delay by email at pudibondage@gmail.com;
(II) then, the Customer must fill out the form provided with the delivered Products that the Customer wishes to exchange, clearly indicating the code and size of the new Products that the Customer wishes to receive (codes and sizes are indicated on the website);
(III) within a maximum period of 15 days from the delivery date of the Product, the Product to be replaced must be returned by the Customer to Pudibondage in the same condition as it was delivered, with the labels attached to the Products and the form indicated under point 12.1 (II) above. Unless otherwise indicated on the website, the costs associated with the return of the Products are borne by the Customer.
12.2 The Products will be returned in their original condition, unaltered, unused, undamaged, and with their original labels attached. In case of a decrease in the value of the Products resulting from the handling of the goods by the Customer beyond what is necessary to establish the nature, characteristics, and functioning of the goods, Pudibondage reserves the right to refuse the exchange of the Products. The Customer is solely responsible for any decrease in the value of the Products resulting from the handling of the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods.
12.3 The amount paid by the Customer will be refunded by Pudibondage, using the same payment method that the Customer originally used to purchase the Product, within 15 days after the returned Products have been delivered to Pudibondage.
12.4 The exchange will be accepted by Pudibondage subject to availability of the new Products requested.
12.5 The exchange is processed by Pudibondage as a new order from the Customer subject to the same obligations and conditions provided in these General Conditions as for the initial order. In particular, if the Products the Customer wishes to exchange were initially paid by credit card, Pudibondage will first refund the initial payment to that card, and then debit the price of the new Products requested in accordance with Article 6.3 above. If the initial payment was made by bank transfer and the price of the new Products requested is the same as the one paid by the Customer for the Products he wishes to exchange, Pudibondage will retain the amount initially paid by the Customer; if the price is different, Pudibondage will refund the difference – or ask the Customer to pay the difference, as the case may be.
13. Non-compliance
13.1 If a Product sold by Pudibondage has manufacturing defects or an alleged lack of conformity of the Products sold by Pudibondage, the Customer must immediately contact the after-sales service online by email at pudibondage@gmail.com, or by mail at the following address:
Hamandjian Clara
3 square du Menou
35200 Rennes
France
pudibondage@gmail.com
13.2 The legal guarantees provided for in articles L211-4 to L211-14 of the Consumer Code as described below apply to the sale of the Products. According to these articles, the Customer has the right for the Products to be brought into conformity, free of charge, either by being replaced or repaired (it being specified that the Customer will have the right to choose whether the Product is repaired or replaced, within the limits provided by law) or, in the case of the impossibility of one of the above remedies (in accordance with article L211-10 of the Consumer Code), the right to an appropriate reduction in the selling price of the Products or the right to terminate the contract. The Customer loses these rights if he does not notify Pudibondage of the lack of conformity within 30 days from the date on which the Customer detected such lack of conformity.
13.3 If the Customer wishes the Product to be repaired or replaced due to non-compliance in accordance with Article 13, the shipping costs associated with the return of the Product for repair or replacement will be borne by Pudibondage, as well as all costs associated with the delivery of the repaired or replaced Product to the Customer.
14. Authenticity guarantee and intellectual property rights
14.1 Pudibondage guarantees the authenticity of all products purchased on the website. Products bearing the Pudibondage trademark are produced from materials and by French artisans.
14.2 The trademark ‘Pudibondage,’ all figurative and/or three-dimensional trademarks appearing on the Products, accessories, or relevant packaging, as well as all illustrations, images, and locations protected by copyrights, and, in general, all intellectual property rights related to the Products, are and remain the exclusive property of the Pudibondage companies.
15. Applicable law and competent jurisdiction
15.1 These General Conditions, and consequently, contracts concluded with Customers, are governed and must be interpreted in accordance with French law.
15.2. Disputes related to, or arising from these General Conditions fall within the territorial jurisdiction of the competent courts of the domicile or place of residence of the Customer.
16. Contacts
16.1
To obtain additional information and assistance regarding the website or online shopping methods, the Customer can contact Pudibondage using the following contact information:
Hamandjian Clara
3 square du Menou
35200 Rennes
France
Email: pudibondage@gmail.com
Phone number: 0608032052
17. Consumer mediator
17.1
The use of the consumer service: In the event of a disagreement/dispute regarding a service or a product related to the Company, the consumer customer can address a reasoned complaint to our customer service:
By mail: Hamandjian Clara
3 square du Menou
35200 Rennes
France
By email: pudibondage@gmail.com
17.2 The Mediator can be contacted using the following information:
mediation@ambo.bzh
Consumer mediation refers to an alternative dispute resolution process, in which a consumer and a professional attempt to reach an agreement to amicably resolve a dispute between them, with the help of a third party, the mediator. In the absence of an amicable agreement between the parties, the mediator proposes a solution to resolve the dispute.
It is therefore an alternative to the often lengthy and costly legal action. However, the consumer still has the option to take legal action if mediation is unsuccessful.
IMPORTANT: The Mediator must be contacted within one year from the date of the consumer’s written complaint to the professional. This referral can only be made in the event of a negative response or no response from the professional after 60 days.