Preamble
These general conditions of sale (CGV) frame the contractual relations between the professional and the consumer. This act constitutes a contract which takes the place of law for the parties: the professional who writes it and the consumer who accepts it.
Article 1 – Content and scope
These general conditions of sale automatically apply to the following services: distance selling on the general catalog of internet dating services.
“Distance selling on general catalog” corresponds to the activity of the subclass coded 47.91A in the French classification of activities (NAF) established by the National Institute of Statistics and Economic Studies (INSEE). This subclass comprises “retail sale of all types of goods over the Internet”. Among the associated products, there is the “clothing retail trade” which belongs to the coded sub-category 47.00.71 of the French product classification (CPF). This subcategory includes “retail sale of outerwear or undergarment” and also includes “retail sale of other clothing accessories”. Among the associated products, there is also the “retail trade in books” which is the title of the subcategory coded 47.00.61 in the NAF.
“Dating services” are included in the coded sub-category 96.09.19 entitled “Other miscellaneous services n.e.c.” of the French product classification (CPF). This subcategory is attached to coded subclass 96.09Z entitled “Other personal services n.e.c.” in the NAF which includes “activities linked to social life”, for example the activities of “dating agencies”.
In this case, internet dating services consist of carrying out a certain number of operations via the web to put people in touch with the aim of facilitating meetings between them.
Among these operations, the most important consists for the professional to send an electronic mail to the electronic address of the consumer containing the coordinates of another consumer. By “contact details” the trader sends at least the other consumer’s email address.
The number and quality of other operations vary according to three commercial offers chosen by the consumer. The essential characteristics of these three commercial offers are as follows.
An “unsecured meeting”. If the consumer requests a “non-secure meeting”, then he is put in contact with another consumer who has also chosen the “non-secure meeting”. The professional draws the consumer’s attention to the fact that by paying no price, anyone can register and request an unsecured meeting. Therefore, with this choice, the consumer risks meeting a non-serious person or going to a ghost date. In 2020, the service concerning an “unsecured meeting” is free. The consumer can change his mind at any time. The professional has total freedom to perform or not to perform the service.
A “secure meeting”. If the consumer requests a secure meeting, then he becomes a “PREMIUM member”. As such, the consumer benefits from the “PREMIUM guarantee” to be put in contact with another PREMIUM member who has also paid to have a secure meeting. The “PREMIUM price” proves the seriousness of the demand on both sides. And consumers have access to the “PREMIUM service” for organizing their first meeting in town. In 2020, the price of the service concerning a “secure meeting” is 29.69 EUROS. Price reductions could be granted by the professional who would create special conditions or promotions. VAT is not applicable in accordance with article 293 B of the General Tax Code. If he chooses this offer, the consumer can change his mind because he has a withdrawal period of FOURTEEN (14) WORKING DAYS from the day after the conclusion of the contractual relationship. If this period expires on a Saturday, Sunday or a public holiday, it is extended until the first working day following. This period no longer exists in the event that the professional performs his service. The professional has a SIX (6) MONTH period from receipt of payment to perform his service. Otherwise, the professional reimburses the consumer.
A “secure and supported meeting”. If the consumer requests a “secure and accompanied meeting”, then he becomes a “VIP member” of the Femboy Club. As such, the consumer benefits from all the advantages of PREMIUM members and exclusive advantages for VIP members such as personalized support with a human relations advisor. In 2020, the price of the service concerning a “secure and accompanied meeting” is 269.69 EUROS. VAT is not applicable in accordance with article 293 B of the General Tax Code. Price reductions could be granted by the professional who would create special conditions or promotions. If he chooses this offer, the consumer can change his mind because he has a withdrawal period of TWENTY (20) WORKING DAYS from the day after the conclusion of the contractual relationship. If this period expires on a Saturday, Sunday or a public holiday, it is extended until the first working day following. This period no longer exists in the event that the professional performs his service. The professional has a period of TWELVE (12) MONTHS from the receipt of payment to perform his service. Otherwise, the professional reimburses the consumer.
In all of its offers, the professional undertakes an obligation of means. He is not bound by the result. Thus the professional guarantees that all the contact details he transmits come from consumers who have declared them themselves. The professional is not responsible in the case where, after having sent to the consumer an electronic mail containing the coordinates of another consumer, these coordinates generate no response, or if no meeting succeeds, or if the other consumer did not keep its promises.
These general conditions apply to the exclusion of all other conditions, and in particular those applicable by means of other distribution and marketing channels.
The sale is deemed concluded on the date of acceptance of the order.
Any order implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, except those which have been expressly accepted by the professional.
The professional can grant special conditions.
The consumer declares to have read these general conditions of sale and to have accepted them before placing their order.
Article 2 – Pre-contractual information
Prior to placing the order and concluding contractual relations, these general conditions of sale are communicated to the consumer, who acknowledges having received them.
The following information is sent to the consumer in a clear and understandable manner:
– The essential characteristics of the services which are described in article 1 of these general conditions of sale and recalled in the general catalog published on the Femboy.fr site;
– The prices of the services indicated in article 1 of these general conditions of sale and displayed in the general catalog published on the Femboy.fr site;
– in the absence of immediate execution of the contract, the professional undertakes to perform the services in accordance with the conditions and deadlines specified in article 1 of these general conditions of sale, whatever its price;
– information relating to the professional’s identity
– Legal form: Simplified joint-stock company
– Payment methods: Paypal, bank card, bank transfer;
– Terms of delivery and performance of the contract: by email, see article 1 of these general conditions of sale;
– Procedures for processing complaints: in the event of a complaint, the consumer has the option of writing an email. The consumer can use this same address to exercise the legal guarantee of conformity provided for in articles L217-1 and following of the Consumer Code, the guarantee of hidden defects provided for in articles 1641 and following of the Civil Code, as well as the commercial and after-sales service respectively referred to in articles L217-15 and L217-17 of the Consumer Code;
Duration of the contract: the contract binding the trader and the consumer starts from the date of acceptance of the order and ends as soon as the trader sends the consumer at least an email containing the contact details of another consumer.
With regard to digital content, the professional indicates any relevant interoperability of this content with certain hardware or software of which the professional has or should reasonably be aware. The digital content edited and published on the Femboy.fr site is optimized to function normally with digital telephones, digital tablets and computers.
Article 3 – Order
By order, we must understand any order relating to the services appearing on the tariffs of the profession, and accepted by him.
Any order, to be valid, must be established by the validation by the consumer of all the web pages presented to him during the sales process.
Any order received by the professional is deemed firm and final.
It implies full acceptance and acceptance of these general conditions of sale and obligation to pay for the products ordered.
Article 4 – Performance of the service and termination of the contract
The execution of the service is carried out according to article 1 of these general conditions of sale.
In the event of a breach by the professional of his obligation to perform at the end of the period provided for in article 1 hereof, the consumer may terminate the contract, under the conditions of articles L216-2, L216-3 and L216-4 of the Consumer Code, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, in the same manner, the professional to provide the service within a reasonable additional time, the latter did not comply within this period.
The contract is considered to have been resolved on receipt by the professional of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
Nevertheless, the consumer can immediately terminate the contract when the professional refuses to provide the service or when he does not fulfill his obligation to provide the service within the time limits provided, if this time period constitutes for the consumer an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before the conclusion of the contract.
The costs and risks associated with this operation are the sole responsibility of the professional.
Except in cases of force majeure, any deposit paid on the order is automatically acquired and cannot give rise to any refund.
In accordance with articles L221-18 and following of the Consumer Code, the consumer has a withdrawal period of fourteen (14) working days from the day after the conclusion of the contract to exercise his right of withdrawal from a contract concluded remotely, without having to justify its decision or incurring costs other than those provided by law.
Article 5 – Refund
In accordance with article L221-24 of the Consumer Code, the professional must reimburse the consumer for all of the sums paid, without undue delay and at the latest within 14 days from the date on which he is informed of the decision to retract.
In accordance with article L242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
– the legal interest rate if the reimbursement is made no later than 10 days after the expiration of the 14-day period set out below,
– 5% if the delay is between 10 and 20 days,
– 10% if the delay is between 20 and 30 days,
– 20% if the delay is between 30 and 60 days,
– 50% if the delay is between 60 and 90 days,
– and 5 additional points per new month of delay up to the price of the product then the legal interest rate.
Article 6 – Cancellation of the order
In case of cancellation of the order by the consumer, after acceptance of the professional, for any reason whatsoever except force majeure, a sum of 9.69 euros will be acquired from the seller, as damages , as compensation for the damage thus suffered.
Article 7 – Price
Prices are firm and final. Unless specific specific conditions specific to the sale, the prices of the services provided are those appearing in the price catalog on the day of the order.
They are expressed in legal currency and stipulated with all taxes included, except in the case where value added tax (VAT) is not applicable under article 293 B of the General Tax Code.
Article 8 – Payment
Unless other terms expressly provided for in the special conditions, payment of the price is made in cash when ordering. No order can be taken into account in the absence of full payment by this date.
The payments made by the buyer will only be considered final after the cash owed by the professional has been received.
An invoice will be given to the buyer on request.
Article 9 – Guarantees – General
The company is responsible for the conformity of the services with the contract, allowing the consumer to formulate a request under the legal guarantee of conformity provided for in articles L217-11 and following of the Code of consumption or the guarantee of the defects of the thing sold within the meaning of articles 1641 and following of the Civil Code.
This warranty covers conformity or hidden defects arising from a defect in the design or performance of the services ordered under the conditions and according to the procedures defined.
The consumer must inform the professional of the defects and / or lack of conformity within a maximum period of TWO (2) YEARS from the discovery.
Defects and / or defects noted will give rise to reimbursement within a period of THIRTY (30) WORKING DAYS maximum.
The professional’s guarantee is limited to the reimbursement of the services actually paid for by the consumer and the professional cannot be considered as responsible or failing for any delay or non-performance on the occurrence of a case of force majeure.
Article 10 – Intellectual property
All technical documents, products, drawings, photographs given to buyers remain the exclusive property of the company, the sole holder of the intellectual property rights in these documents, and must be returned to it upon request.
Consumers undertake not to make any use of these documents, likely to infringe the industrial or intellectual property rights of the professional and undertake not to disclose it to any third party.
Article 11 – Competent jurisdiction
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which would not have could be resolved amicably between the professional and the consumer, will be subject to the competent courts under the conditions of common law.
The competent court is the court of Lyon in France.
Article 12 – Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 13 – Mediation
The buyer can use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
Since January 1, 2016, all professionals must communicate to the consumer the contact details of the competent mediator to whom they report (article L616-1 of the Consumer Code).
The professional communicates to the consumer:
The FEVAD e-commerce mediator service
60 rue la Boétie
75008 Paris
E-mail address: mediateurduecommerce@fevad.com
Website: https://www.mediateurfevad.fr/
www.fevad.com
Federation of e-commerce and distance selling (FEVAD)
1901 Law Association – SIREN: 784 854 994
60 rue de la Boétie
75008 PARIS
Phone: 01 42 56 38 86
Mail: contact@fevad.com and mediateurdue-commerce@fevad.com
Publication director: Marc LOLIVIER – General delegate of FEVAD
Article 14 – Updated
These general conditions of sale can be updated at any time by the professional. Before any order, the consumer is invited to read the current general conditions of sale and to accept them.
Date of last update: December 09, 2024
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