1. GENERAL INFORMATION
The present General Terms and Conditions of Sale (hereinafter also referred to as: “GTCS”) are part of a contract
between you (hereinafter also referred to as: the Customer) and the company , whose main office is located at 130
rue Auguste Piccard, Technoparc du Pays de Gex, 01630 Saint-Genis-Pouilly, France, (hereinafter also referred to as:
“the Company”). The GTCS govern your use of the site www.virilpatch.com and any other site, application or
associated tool (hereinafter collectively referred to as: the “Site”). The Site is operated by the Company.
When you use the Site as defined below and/or you click on the button “I have read and agree to the present general
terms and conditions of sale”, you confirm that you have read the present GTCS and expressly agree to be subject to
them and comply by them, as well as with all the laws and regulations that are applicable to the Site. If you do not
agree to be bound by the present GTCS, you must abstain from using the Site.
The Company offers the sale of articles and products online (hereinafter also refereed to as: “the Products”)
through an e-commerce platform (hereinafter also referred to as: “the Site”). You must be at least 18 years old and
authorized in your jurisdiction to enter into a contract. If you are not of legal age or if you are not a holder of
civil rights, you can only use the Site with the authorization of your legal representative.
The different steps for the conclusion of a contract on the Site are as follows:
- Choice of Product(s)
- Login and/or communication of your personal data through an online order form
- Communication of your payment information on a secure page
- Verification and confirmation of the order
- Receipt of an email confirming the order
By placing an order on the Site, you confirm that you are of legal age and/or have the right to conclude contracts
in your jurisdiction, you fully accept the present GTCS and finally, you acknowledge that you have understood their
content and scope. The Company reserves the right to modify the present GTCS at any time. The Site users will be
notified of these changes by email or notification. You are nevertheless responsible for taking note of these
modifications. Your continued use of the Site after such modifications will require your acceptance of the new GTCS
and consent to the modifications. The Company reserves the right to shut down the Site at any time, without prior
notification and without indicating the reasons.
2. PRICES AND PRODUCTS
The prices are indicated in EUR. The amount that will be billed by the Company includes the price of products and
the shipping costs, VAT included. The potential customs taxes or other fees with regard to the importation of
merchandise into the Customer’s country of residence will be the responsibility of the latter and will be billed
separately from and in addition to the original bill by the authority concerned. The Company reserves the right to
modify its prices at any time without prior notice. Orders placed before the change in price will, however, not be
affected and will be billed at the price indicated when the order was confirmed by the Customer. The products will
remain the property of the Company until the full payment of the billed amount.
3. SECURE PAYMENT
The Company uses a guaranteed secure payment platform, according to the current admissible standards, for the
greatest confidentiality concerning the Customer’s bank details. The processing of payments made by bank card is
insured, on behalf of the company, by Ingenico ePayments and Dalenys. The customer also has the option of paying by
a check made out to the company. In that case, the payment will be directly deposited by the Company and the order
will not be processed until the moment at which it is deposited.
4. DELIVERY AND SHIPPING FEES
The company aims to ship the orders within a maximum of 72 business hours following receipt of the payment, as long
as the products ordered by the Customer are in stock at the time of the order. The availability of the products in
the store is only given for informational purposes, and can also be modified at any time according to variations in
stock. The shipping time varies according to the availability of the products, the payment method chosen and the
country the order is being shipped to.
All the packages or letters are sent by the postal service, from France. The Company takes no responsibility for the
delivery of packages and letters. The shipping costs are calculated during each order. In some cases, shipping is
offered free of charge to the Customer. It is the Customer’s responsibility to ensure that the delivery address
indicated is correct and complete for delivery without incident by the postal service concerned. If a package or
letter is returned by the postal service due to an insufficient or incorrect address or if a package is not picked
up by the deadline, the Customer is responsible for the shipping costs of resending the package. In this case, the
shipping times estimated in the present GTCS will not be upheld. If a package or letter must be returned by the
postal service concerned due to an incomplete or incorrect address or failure to pick up a package by the deadline,
and the Customer requests reimbursement for the corresponding order, the amount reimbursed by the Company will not
include the shipping costs. For a registered package, the Customer can at any time consult the status of his/her
orders in the tracking tool online, provided by the Company or customer service, the latter not guaranteeing
5. RIGHT OF WITHDRAWAL
The Customer has 14 days to exercise his or her right of withdrawal, without having to justify any motive. However,
this right of withdrawal does not apply to custom articles, articles manufactured upon request and according to the
specifications of the Customer, beauty products, articles for intimate use and finally, articles for consumption. If
you have a right of withdrawal, the withdrawal deadline of 14 days starts on the day that you, or a third party who
is not the transporter and that you have designated, receive the ordered article or, if the order includes several
articles delivered separately, starting on the day that you, or a third party who is not the transporter, receive
the last article. To exercise your right of withdrawal, you must inform us of your decision to withdraw by sending
us, by mail to or by email to email@example.com, before the expiration of the 14-day withdrawal deadline, your
clear request, expressing your desire to withdraw.
6. RETURN AND EXCHANGE OF MERCHANDISE (“SATISFACTION OR REIMBURSEMENT” GUARANTEE)
The Customer benefits from a “satisfaction or reimbursement” guarantee on all products ordered from the store, for
14 days following the receipt of the merchandise (evidenced by the date as postmarked). All of our reimbursements
are carried out in a usable form within a period of 3 months starting on the date of their creation. The risks
concerning the return of the article (loss or damage) remain the responsibility of the Customer, as well as the
return shipping fees. Within a period of 14 days, you have the option of requesting an exchange for an identical
item of a different size or color (according to availability). The fees for return shipping and shipping of the new
article remain your responsibility. You can also select another reference: the price difference between the two
articles, the return shipping fees and the reshipping fees of the new order will remain your responsibility. The
risks concerning the return of the article (loss or damage) remain the responsibility of the Customer, as well as
the return shipping fees. Only articles that can be resold, that have not been used or worn, and that are returned
in their intact original packaging (not opened) will be reimbursed/exchanged. Wellness products, beauty products,
aphrodisiac products and finally, products for intimate use or consumption are excluded from return or exchange.
7. RETURN OF A DEFECTIVE PRODUCT OR ARTICLE
In the case of return a defective product, which must take place within 14 days following the receipt of the
merchandise (evidenced by the date as postmarked), the return shipping fees and reshipping fees will be paid by the
Company after our return service observes the anomaly. Before carrying out a return for this reason, you must
contact customer service, who will indicate the process to follow for the return.
The products proposed comply with current French law. For importation to other countries, the Customer is
responsible for informing him- or herself beforehand concerning local regulations. The Company can in no case be
held responsible for the shipping of products deemed unlawful in the Customer’s country. The photographs and texts
included in the description of products are not contractual. It is therefore possible for the Customer to note a
difference in color or packaging. In this case, the Company cannot be held responsible. When the Customer validates
his or her order on the Site, he or she acknowledges having been informed of and accepting the general terms and
conditions of sale. No advice and no information given to the Customer, either oral or written, creates guarantees
if it is not specifically lain out in the present general terms and conditions of sale. The present GTCS are
governed by French law and can be modified at any time without prior notice.
9. CONSENT REGARDING PERSONAL DATA
By using the Site, you agree that the Company may collect, process and use your personal data. For more information
on the manner in which we collect and process your personal data, you can consult our Confidentiality Policy.
10. ABSENCE OF GUARANTEE
The Company provides the Site “as is” and “as available” with no type of guarantee. The Company does not guarantee
that the Site or its use will be uninterrupted, without error or without “bugs”. The Company provides no guarantee
with regard to the Products that can be ordered on the Site.
THE COMPANY PROVIDES NO GUARANTEE OTHER THAN THOSE LAIN OUT IN THE PRESENT GENERAL TERMS AND CONDITIONS OF SALE.
WITHIN THE LIMITS OF THE CURRENT LEGISLATION, THE COMPANY EXEMPTS ITSELF FROM ANY RESPONSIBILITY AND PROVIDES NO
GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, GUARANTEES OF
CONFORMITY OR MARKET ADEQUACY, OR GUARANTEES OF ANY OTHER MATTER, OR GUARANTEES OF NON-VIOLATION OF APPLICABLE RULES
CONCERNING THE SITE OR DELIVERED PRODUCTS. ONLY THE GUARANTEES LAIN OUT IN THE PRESENT GTCS OR THOSE FROM THE
MANUFACTURER ARE APPLICABLE. AS THE COMPANY IS NOT A SALES INTERMEDIARY AND DOES NOT IMPORT PRODUCTS ITSELF, IT
PROVIDES NO GUARANTEE CONCERNING THE PRODUCTS AND CANNOT BE HELD RESPONSIBLE FOR THE APPLICABLE PRODUCTS UNDER THE
LAWS ON RESPONSABILITY. IF CERTAIN STATES RESTRICT THE LIMITATION OF LIABILITY FOR WILFULL MISCONDUCT OR GROSS
NEGLIGENCE, THIS CLAUSE WILL ONLY PARTIALLY APPLY TO YOU IN THESE CASES, BUT NEVERTHELESS REMAIN VALID FOR THE
11. INTELLECTUAL PROPERTY
All software, code, layout, graphics, visual images, designs, animations, logos, brands, videos, photos, music,
files, texts, comments, illustrations, images and photos or other content offered on the Site are the exclusive
intellectual property of the Company and remain its intellectual property in all circumstances. Any full or partial
reproduction or representation of the Site or its content by any means, without the express authorization of the
Company, is prohibited and constitutes a copyright infringement. The Company brands, as well as the logos on the
Site, are registered trademarks. Any full or partial reproduction of these brands or these logos from the elements
on the Site without the express authorization of the Company is prohibited and constitutes a copyright infringement.
All rights regarding the content not expressly included in the present GTCS remain the property of the Company. Any
use of this content without the prior authorization of the Company is prohibited. This includes but is not limited
to any distribution, reproduction, modification, display or transmission of content or data. You agree not to
extract, check, copy, index or reference unduly and without prior authorization from the Company the Site’s content
manually using, in particular, robots, spiders or any other automatic system. The Company’s rights include the
rights to the Site, the domain names used and all the software, DNS and codes allowing for the use of the Site under
the abovementioned domain names.
12. PROHIBITED USES
You may not use the Site in order to put online, distribute or send spam, unsolicited electronic communication,
chain mail or pyramid schemes. You may not try to pirate or spread viruses or any technology that could damage the
Site or its interests or the property of its Customers. It is prohibited to post comments or evaluations that are
incorrect, unfair, offensive or libelous or violate in any way the law in order to obtain undue advantages, harm a
competitor, unduly tarnish a reputation or damage a person or a third party in any way, or to undertake actions that
could worsen or call into question the merit of the evaluation system available on the Site. You may not export or
reexport any application, code or tool that has been developed by and that is the property of the Company, unless
your strictly abide by the applicable export control laws in view of any applicable legislation. You may not copy,
modify or distribute the content available on the Site without prior authorization. You may not market any
application, code, or software used on or by the Site. You may not collect in any way information regarding the
Site’s Customers, their email addresses and/or their personal data without the prior authorization of the latter or
in violation of the Company’s confidentiality policy. In case of the violation of the present GTCS or any legal
provision applicable to your use of the Site, the Company reserves the right to end your contract and exclude you
from the Site in a discretionary manner, with or without prior notice.
The Site may contain links to other sites that are not controlled by the Company. The Company provides no guarantee
and takes no responsibility regarding the relevance, accuracy, legality, completeness or quality of the content of
sites that are accessible through a link available on the Site and will in no case be held responsible for the
content of the sites that these links lead to (hypertext or deep-link). The company only provides these links for
your convenience and the inclusion of links to these sites does not signify that the Company adheres to or agrees
with the content featured there.
14. INTERUPTION OF SERVICE
As the Services are based on the internet, they are subject to temporary interruptions. The Company only takes
responsibility for temporary unavailability of the Site, a failure of some or all Site functions, a loss of data due
to such an interruption or Site malfunctions. The Company will do everything possible to ensure that the Site
functions in a reliable manner, uninterrupted and without default. However, especially but not solely due to
maintenance work, the Site can be partially or totally unavailable for a certain period of time, which gives no
right or claim to the users, respectively Customers, with regard to the Company. The Company cannot be held
responsible for possible defects, losses of data or harm due to a defect in or interruption of the Site or your
access to the Site. The Company provides no guarantee concerning the agreement of the system’s time and the official
time. The Company also exempts itself from all responsibility for damages suffered following the use or abuse of the
Site or the internet network by other users or third parties.
15. INTERNET NETWORK SECURITY AND TRANSMISSION OF DATA
The internet users using the Site are expressly informed of the risks regarding the technical specifications of the
internet network. As the Company undertakes to do everything that is reasonably in its power to provide increased
security for your data, the Company cannot, in view of the technical specifications, guarantee that the information
and data exchanged on the Site will not be intercepted by third parties and that the confidentiality of exchanges is
guaranteed in a total manner. Given that it is difficult to identify a user on the internet, the Company provides no
guarantee of being able to find the identity of a user on the Site.
16. RESPONSABILITY OF THE INTERNET USER
It is up to you to use the information on the Site with care and to proceed with any verification on your own
responsibility. You are aware that you are using the Site at your own risk. You acknowledge having the competence
and means necessary to access and use the Site and having verified that the IT configuration used contains no
viruses and is in perfect working order.
You agree to fully compensate the Company and/or its representatives, administrators, agents and/or employees for
all costs, damages and expenses (including the court and lawyer’s fees) resulting from a violation of the present
GTCS or any legal provision or applicable norm.
18. ENTIRETY OF THE AGREEMENTS
The present general terms and conditions of sale, as well as the Confidentiality Policy, represent the entirety of
the agreements reached between you and the Company and take precedence over any previous agreement, oral or written,
that you may have had with the Company. No modification of the present GTCS will be binding on the Company unless it
has been signed by the authorized representatives of the Company.
19. RIGHT OF CESSION
The Company reserves the right to cede or transfer to any company of its choice the rights and obligations contained
in the present general terms and conditions of sale.
20. PARTIAL NULLITY
If certain provisions in these GTCS must be completely or partially void and/or are inapplicable, the validity
and/or application of other provisions or part of them will not be affected. The inapplicable and/or void provisions
will thus be replaced by valid legal provisions that are as close as possible in sense and economic reason to the
inapplicable and/or void provisions. The same will apply in the case of any weaknesses in the present GTCS.
21. APPLICABLE LAW AND COMPETENT JURISDICTION
The Site and the present general terms and conditions of sale are subject to French law. In the case of a dispute,
the parties will first attempt to find an amicable solution. Upon failure by the parties to reach an amicable
solution, the courts presiding over the head office of the company publishing the Site will have sole jurisdiction
with no exception notwithstanding plurality of defendants or guarantee call.