TERMS OF SALES

These general conditions of sale apply without restriction or reservation to all online sales offered by Valentin Costesec, registered with the Montpellier RCS under number 897 909 248, whose establishment is located at 11 Impasse des Plaisanciers – 34110 Frontignan Kamasutoys on the Kamasutoys.com website

The Site is an electronic commerce platform, which allows Internet users to acquire sex toys, naughty games, BDSM, lingerie and other sexual accessories, offered for sale on the Site https://kamasutoys.com/gb/

The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.

They are accessible and printable at any time by a direct link at the bottom of the Site page. The applicable version of the general conditions is the one available online on the Site on the date of the Buyer's order, a copy of which is sent to him with his order confirmation.

These general conditions of sale prevail over any other general or specific conditions not expressly approved by Kamasutoys.

They may be supplemented, where appropriate, by conditions of use specific to certain services offered on the Site, which supplement these general conditions and, in the event of contradiction, prevail over them.

The fact that Kamasutoys does not take advantage at a given time of any of the general conditions of sale cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date. The nullity of a contractual clause does not entail the nullity of the general conditions of sale. The temporary or permanent non-application of one or more clauses of the general conditions of sale by Kamasutoys does not constitute a waiver on its part of the other clauses of the general conditions of sale which continue to produce their effects.

The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by Kamasutoys or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure. or updating the Site. Kamasutoys cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site. Kamasutoys does not guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without failure or interruption.

In this regard, he may freely and at his sole discretion determine any period of unavailability of the Site or its content. Kamasutoys can also not be held responsible for problems with data transmission, connection or unavailability of the network.

The Site is operated by Valentin Costesec, registered with the Montpellier RCS under number 897 909 248, whose establishment is located at 11 Impasse des Plaisanciers – 34110 Frontignan, which offers the Products for sale.

Kamasutoys can be contacted at the following coordinates, in particular for any complaint: Postal address: 11 Impasse des Plaisanciers – 34110 Frontignan

Telephone: 06 18 73 93 06

Email: kamasutoys@gmail.com

1. Legal capacity The Site is accessible:

- To any natural person with full legal capacity to engage under these general conditions. A natural person who does not have full legal capacity can only access the Site with the consent of his legal representative.

- To any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.

2. Acceptance of the general conditions

The acceptance of these general conditions by the Buyer is materialized by a checkbox in the order form. This acceptance can only be full and complete.

Any conditional acceptance is considered null and void. The Buyer who does not agree to be bound by these general conditions must not place an order on the Site.

3. Registration on the Site

Placing an order on the Site requires the Buyer to register on the Site by completing the form provided for this purpose. In any case, the Buyer must provide all the information marked as mandatory.

Any incomplete registration will not be validated.

Registration automatically leads to the opening of an account in the Buyer's name (hereinafter, the "Account"), giving him access to a personal space (hereinafter, the "Personal Space") which allows you to manage your purchases in a form and according to the technical means that Kamasutoys deems most appropriate. The Buyer guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not vitiated by any misleading character.

He undertakes to update this information in his Personal Space in the event of modifications (in particular: change of postal address), so that they always correspond to the aforementioned criteria.

The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account is worth proof of his identity.

The information entered by the Buyer is binding upon validation. The Buyer can access his Personal Space at any time after identifying himself using his login ID and password. The Buyer undertakes to personally use his Account and not to allow any third party to use it in his place or on his behalf, except to bear full responsibility.

He is also responsible for maintaining the confidentiality of his username and password, any access to the Site using these being deemed to have been made by the Buyer.

The latter must immediately contact Kamasutoys at the coordinates mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. He recognizes Kamasutoys' right to take all appropriate measures in such cases.

Before any online order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can read, on the Site, the characteristics of each Product that he wishes to order.

The Products are offered for sale online within the limits of available stocks and according to their arrival, or subject to the possibility of ordering them if necessary. The information concerning the Products, provided on each sales page, is that communicated to Kamasutoys by the suppliers of these Products.

Kamasutoys will ensure that the photographs and descriptions of the products on the Website are as faithful as possible to the products themselves. The Products offered for sale are described and presented with the greatest possible accuracy.

Nevertheless, a minimal variation in the color of the Product(s) does not engage the responsibility of Kamasutoys and does not affect the validity of the sale.

1. Ordering

To place an order, the Buyer must select the Product of his choice and place it in his basket. He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the items entered. The order is deemed to have been received by Kamasutoys when it is definitively validated by the Buyer.

2. Order Confirmation

At the end of his order, the Buyer receives by email a confirmation thereof which:

1. summarizes the elements of the order and the expected delivery time,

2. includes the general conditions in force on the day of the order.

The Buyer must ensure that the contact details entered in his Account are correct and that they allow him to receive the confirmation email for his order. If it is not received, the Buyer must contact Kamasutoys at the contact details mentioned in article 2.

Kamasutoys recommends that the Buyer keep the information contained in the order confirmation.

1. Price

The selling prices of the Products are displayed on the Site.

They are indicated in euros, all taxes included (French VAT and other applicable taxes).

Kamasutoys reserves the right, at its own discretion and under terms of which it will be the sole judge, to offer promotional offers or price reductions.

The prices do not include any delivery costs applicable to the delivery of the Products, invoiced in addition to the price thereof. The amount of the applicable delivery costs will be indicated before the validation of the order by the Buyer. The applicable price is the one displayed on the Site at the time of registration of the Buyer's order.

2. Terms of payment

The full price of the Products is payable when ordering. Payment can be made online by credit card, through the secure online payment service indicated on the Site or by Paypal.

The Buyer guarantees Kamasutoys that he has the necessary authorizations to use the chosen payment method. Kamasutoys reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.

3. Billing

The invoice corresponding to each order made by the Buyer is sent to the Buyer by email, to the address indicated in his registration form.

4. Retention of title

Kamasutoys retains full ownership of the Products sold until full payment has been received, delivery costs included.

1. Territory of deliveries

Buyers are expressly informed that the Site only offers the delivery of Products in Metropolitan France.

2. Delivery methods

The delivery of the Products ordered on the Site is made to the address indicated when ordering by the Buyer as the "delivery address" (which may be different from the billing address), or to a relay point of his choice. , which can only be located in the territory concerned. Different delivery methods may be possible, depending on the categories of Products and their weight.

The Buyer is informed before the validation of his order of the possible delivery methods for the Product ordered as well as the deadlines and costs corresponding to each of these methods.

The Buyer must select the desired delivery method and provide all the information necessary for the actual delivery of the Product according to this method.

The Purchaser is solely responsible for recovering the Products delivered within the necessary time. The Buyer must ensure that the information provided is correct, and that it remains so until full delivery of the Product(s) ordered. The Buyer therefore undertakes to inform Kamasutoys of any change in billing and/or delivery details that may occur between the Order and delivery, by sending, without delay, an email to the customer service email address.

Failing this, in the event of a delay and/or delivery error, the Buyer cannot under any circumstances hold Kamasutoys liable in the event of a delivery failure, and Kamasutoys' customer service will contact the Buyer for a second delivery. on client fee.

3. Delivery costs

The delivery costs will be indicated on the summary of the order. Delivery costs vary depending on whether the Products are delivered to a relay point selected by the Buyer, or directly to the address indicated when ordering.

4. Delivery times

The company undertakes to deliver the product(s) within a period not exceeding 20 working days from the date of the Order.

The right of withdrawal is exercised according to the terms provided for in the Consumer Code.

All Products 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° For 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° The supply of goods or services whose price depends on fluctuations in 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° Supply of goods which, after having been 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° 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 rental, catering or leisure activities which must be provided on a given date or for a specific period;

13° Supply of digital content not provided 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.

Apart from this type of Products, the Buyer has a period of 14 (fourteen) working days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or pay penalties, with the exception of the return costs which remain at his expense and which he will have to pay.

On a commercial basis, Kamasutoys offers a period of fifteen days of withdrawal. The Buyer who wishes to exercise his right of withdrawal must send Kamasutoys to the contact details mentioned in article 2 hereof, before the expiry of the above period, the withdrawal form annexed to these general conditions duly completed, or a declaration clearly expressing his desire to withdraw and including his order number.

The Products must imperatively be returned to Kamasutoys in their original packaging, without undue delay and at the latest within 15 calendar days following the communication, by the Buyer, of his wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible in the event of deterioration of the Products upon their return to Kamasutoys.

The Buyer will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the effective date of receipt by Kamasutoys of the request for withdrawal of all the sums paid for his order, minus the case any return costs, which remain the responsibility of the Buyer. Kamasutoys however reserves the right to defer this reimbursement until the effective recovery of the Products.

In accordance with article L.221-23 of the Consumer Code, the Buyer is informed that his liability is only engaged with regard to Kamasutoys for a depreciation of the product(s), returned. 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.

Kamasutoys recalls, however, that the Buyer benefits from the legal guarantees of non-compliance as well as due to hidden defects of the thing sold, including the lack of conformity resulting from the packaging of the Products ordered on the Site.

If the Buyer finds that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform Kamasutoys of this at the contact details mentioned in article 2 hereof, indicating the nature of the defect, the non-compliance or the damage observed and by sending him any useful proof, in particular in the form of photograph(s).

Kamasutoys will organize with the carrier of its choice the terms of the return, of which it will inform the Buyer by any useful means. Kamasutoys will bear the costs of this return.

The Products must imperatively be returned to Kamasutoys in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice. Returns of Products that do not comply with the terms described above cannot be taken into account. Kamasutoys will carry out the necessary checks and will offer the Buyer the replacement of the Product as far as possible.

If the replacement of the Product is impossible, Kamasutoys will refund to the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which Kamasutoys informed him of the impossibility of replacing the Product.

The legal texts relating to the legal guarantees are reproduced in Appendix 1 hereof.

Buyers are solely responsible for the choice and use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs and constraints prior to the purchase of said Products.

They must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary, of which no copy will be provided to them. Finally, it is up to the Purchasers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.

1. Kamasutoys undertakes to carry out regular checks in order to verify the operation and accessibility of the Site. As such, Kamasutoys reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, Kamasutoys cannot be held responsible for temporary difficulties or impossibilities in accessing the Site which may be caused by circumstances external to it, force majeure, or which may be due to telecommunication network disruptions.

2. Kamasutoys does not provide the Buyer with any guarantee as to the adaptation of the Products to his needs, expectations or constraints.

3. The liability of Kamasutoys is excluded in the event of damage, direct or indirect, affecting property or persons, suffered by the Buyer or a third party, and resulting from the following cases:

4. Negligence or fault committed by the Buyer or by a third party; Any use under conditions that are manifestly non-compliant for the use of the Products.

5. Kamasutoys cannot be held responsible for the non-execution or delay in the execution of sales contracts due to circumstances external to it or a case of force majeure, it being expressly specified that are considered as cases of force majeure, in addition to those which are usually retained by the case law of the French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blockage of telecommunications networks, means of transport or postal services, including as a result of strikes, damage caused by viruses for which the existing security means on the market do not allow their eradication, as well as any legal, regulatory or public order obligation imposed by the authorities competent and which would have the effect of substantially modifying these general conditions.

6. In any case, the liability likely to be incurred by Kamasutoys hereunder is expressly limited to only proven direct damage suffered by the Buyers.

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by Kamasutoys within the Site are protected by all rights of applicable intellectual property or database producer rights. All disassembly, decompilation, decryption, extraction, reuse, copy and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Kamasutoys are strictly prohibited and may be subject to legal proceedings.

1. Personal data

Kamasutoys practices a personal data protection policy whose characteristics are explained in the document entitled "Privacy Charter" which the Buyer is expressly invited to read.

Kamasutoys understands that the protection of data and privacy is an issue for all Internet users visiting the Site. Kamasutoys is committed, in accordance with the GDPR regulations, to respecting your privacy and protecting your personal data, i.e. likely to identify you directly or indirectly as a person.

As part of the Order, Kamasutoys is intended to collect the Buyer's personal data.

Kamasutoys is committed to protecting the personal data of Buyers. 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). Kamasutoys does not communicate or trade Buyers' personal data.

At the Order stage on the Site, the Buyer expressly consents to the collection and processing of his personal data necessary to place the Orders. The personal data collected by Kamasutoys is intended to enable the Order to be carried out.

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 (RGPD) , subject to proving your identity, any Buyer, whatever his nationality, has the right to access, modify and delete his personal data.

Each Buyer 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 Buyers' data, Kamasutoys has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a data protection officer data, which can be contacted at the following email address: [] In any case, any Buyer has the right to make any complaint to the CNIL.

2. Newsletter

By checking the box provided for this purpose or by expressly agreeing to this purpose, the Buyer accepts that Kamasutoys 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 Buyer 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 Kamasutoys for Products similar to those ordered.

Buyers will have the option of unsubscribing from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

3. List of opposition to cold calling

You have the possibility of registering free of charge on a list of opposition to BLOCTEL canvassing (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional with whom you have no current contractual relationship, in accordance with the law n°2014-344 of March 17, 2014 relating to consumption.

Any consumer has the possibility of registering for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php.

Kamasutoys reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which Kamasutoys will be the sole judge.

Kamasutoys can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the Buyer would access through the Site.

Kamasutoys assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are reminded that they are governed by their own terms of use.

Kamasutoys is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to which the Buyer would be directed through the Site and can in no way be party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, guarantees, declarations and any other obligations to which these third parties are bound.

1. The following are strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (ii) any intrusion or attempted intrusion into the Kamasutoys systems, (iii) any misappropriation of resources system of the Site, (iv) any action likely to impose a disproportionate burden on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to infringe the rights and financial, commercial or moral interests of Kamasutoys or the users of its Site, (vii) any practice diverting the Site to purposes other than those for which it was designed and finally more generally (viii) any breach of these general conditions or the applicable laws and regulations.

2. It is also strictly forbidden to monetize, sell or grant all or part of the access to the Site, as well as to the information it contains.

3. In the event of failure to comply with any of the provisions of this article or more generally, breaches of laws and regulations, Kamasutoys reserves the right to take all appropriate measures and initiate any legal action.

The Buyer may unsubscribe from the Site at any time, by sending a request to this effect to Kamasutoys by email, to the contact details mentioned in Article 2. Unsubscription is effective within a maximum period of 7 (seven) days from this application. It leads to the automatic deletion of the Buyer's Account.

Kamasutoys reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order.

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.

It is also recalled that any consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional.

To this end, Kamasutoys guarantees the Buyer the effective use of a consumer mediation system.

Mediation of consumer disputes:

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Kamasutoys adheres to the Service of the Mediator Mr Alfonse.

In the event of a dispute, you can file your complaint on its website: https://www.mediateurfevad.fr/ You can use the mediation service for consumer disputes related to an order placed on the internet.

Finally, it is recalled that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice. In the event of failure of this mediation procedure or if the Buyer wishes to take legal action, the rules of the Code of Civil Procedure will apply.

The Buyer can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.

These general conditions are governed by French law. In the event of a dispute over the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Montpellier will have exclusive jurisdiction to judge, unless there are mandatory rules of procedure to the contrary.

The right of withdrawal will be exercised according to the terms provided for in the Consumer Code. All Products may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:

Apart from this type of Products, the Buyer has a period of 14 (fourteen) working days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or pay penalties, with the exception of the return costs which remain at his expense and which he will have to pay. On a commercial basis, Kamasutoys offers a period of fifteen days of withdrawal

The Buyer who wishes to exercise his right of withdrawal must send Kamasutoys to the contact details mentioned in article 2 hereof, before the expiry of the above period, the withdrawal form annexed to these general conditions duly completed, or a declaration clearly expressing his desire to withdraw and including his order number.

The Products must imperatively be returned to Kamasutoys in their original packaging, without undue delay and at the latest within 15 calendar days following the communication, by the Buyer, of his wish to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible in the event of deterioration of the Products upon their return to Kamasutoys.

The Buyer will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the effective date of receipt by Kamasutoys of the request for withdrawal of all the sums paid for his order, minus the case any return costs, which remain the responsibility of the Buyer. Kamasutoys however reserves the right to defer this reimbursement until the effective recovery of the Products.

In accordance with article L.221-23 of the Consumer Code, the Buyer is informed that his liability is only engaged with regard to Kamasutoys for a depreciation of the product(s), returned. 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.