Terms and Conditions of Sale
Article 1 Scope of application
These general terms and conditions of sale apply to all orders placed on the website www.ohmygodz.fr. These general terms and conditions can be consulted by email by requesting them from customer service.
The website ohmygodz.fr is exclusively and entirely written in French. It is published by EI Oh My God'Z, whose registered office is located at 60 chemin de l'espero 13090 Aix-en-Provence, registered with the Aix-en-Provence Trade and Companies Register under number RCS 909 110 561.
Article 2 Prices
The prices of our products are indicated in Euros, inclusive of all taxes (TTC), excluding participation in delivery costs. All orders placed on our site are payable in Euros. Prices may be changed at any time. Products will be invoiced based on the rates in effect at the time the order is registered, subject to availability at that time.
The cost of foreign products and services is subject to fluctuations. All advertised prices are subject to variation depending on currencies or customs fees.
Article 3 Order
After clicking on the "Validate and pay" button at the bottom of your cart, the customer is redirected to the contact and delivery address form. In the next step, they can verify this information and modify it using the "modify" link, and choose their delivery method. They can then proceed with payment (secure payment protocol) and define the billing address, and validate by clicking "Verify order". If the information is correct, the customer can finalize their purchase by clicking "Pay now". They will thus accept our General Terms and Conditions of Sale and Refund Policy (mentioned at the top of the form) and can modify the information if needed. Finally, if the customer has opted for delivery to a relay point, they can choose the establishment where they wish to collect their package.
The contract will then be formed, in accordance with the terms of the Civil Code, when the order is validated and the customer returns to the order confirmation page.
The customer receives an email acknowledging receipt of their order. Only the products listed in the confirmation email sent at the time of shipment will be included in the contract.
The customer can place an order on the website ohmygodz.fr. At the time of ordering, they will be informed of the availability of products. In addition, it may happen that some products are unavailable after the order. If the products prove to be temporarily unavailable (out of stock, etc.), the customer will be informed by email and will be invited to modify or cancel their order. If all products in their order are permanently unavailable, we will inform them by email.
When placing an order, the customer must accept these general terms and conditions of sale by clicking the box provided for this purpose to validate their order. The customer declares and guarantees that they are authorized to pay with the payment card provided for payment and that the order price is covered by available funds.
By ordering, you confirm that all information you provide to us is accurate, you certify that you are authorized to use the credit or debit card used to place the order and that you have sufficient funds to cover the price of the goods ordered.
Article 4 Payment
The order price is due immediately on the date the order is placed. We accept payments by credit card or PayPal.
Online credit card payment uses the SSL (Secure Socket Layer) security protocol. Visa and Mastercard bank cards are accepted. Some orders paid by credit card may be subject to additional verification after the payment has been debited. The customer will then receive an email requesting supporting documents (identity card and credit card with partially hidden information) to validate the shipment of their order.
PayPal payment terms will be communicated by our Customer Service if the customer has chosen this payment method.
Article 5 Delivery
All our deliveries are made in a closed package showing no mention of the website Oh My God'Z. Products are delivered to the address indicated by the customer during their order. Delivery costs will be indicated to the customer before any payment. Packages are shipped from Monday to Friday inclusive, excluding weekends and public holidays. The delivery time does not include the order preparation time, which is on average 24 hours. The delivery time does not constitute an exact deadline, and our responsibility cannot be engaged in case of a supplier's stock shortage or a delay in delivery. In particular, in case of delay by the carrier, for whatever reason, our responsibility cannot be engaged. The customer has a duty to check the condition of the packaging and the conformity of the products they receive following their order.
ohmygod'z.fr undertakes to adhere as much as possible to the shipping date given as an indication on the product sheet(s) you order. When ordering multiple items, the longest delivery time should be considered. If I order a duck shipped within 24 hours and a game shipped within 2 to 5 days, then my entire order will be shipped within a minimum of 2 to 5 days.
Orders can be delivered by Colissimo tracking or by Mondial Relay. When the package is delivered to the customer's home, in the event of their absence, a delivery notice will be left by the postman or delivery person and the package will remain at the customer's disposal for a period of fifteen days at the address indicated on the delivery notice. After this period, the package will be returned to us.
The customer must ensure that the indicated delivery address is sufficient for smooth delivery by the shipping service.
All orders returned by La Poste for NPAI (Does Not Live at the Indicated Address) or incorrect addresses will be available within 15 days at Oh My God'Z. If the customer wishes the package to be resent, they will be responsible for the shipping costs.
Article 6 Customer service
For precise tracking of your order, our customer service is available at the following email address: contact@ohmygodz.fr
Article 7 Satisfied or refunded
In accordance with current legislation, the customer has a period of 15 days (from the date of receipt of the package) to request an exchange or refund of their order. We commit to this provided that the item is returned to us in its original packaging and accompanied by its invoice to the following address:
- NET COMMUNICATION
- 27 chemin de la Rollande
- 84140 Montfavet
This right of withdrawal is only valid for an unused product, returned in its original packaging with all its accessories, not tampered with or charged. More specifically, sex toys must under no circumstances have been used and if the packaging has a seal, it must still be intact.
According to the law in force, the right of withdrawal excludes all goods that you have opened and are not returnable for hygiene reasons: underwear, cosmetics, sex toys, etc.
EI Oh My God'Z reserves the right to refuse the return of a product in case of dissatisfaction for hygiene reasons regarding the returned product.
"Cosmetic" products must not be opened. Shipping and return costs are then the responsibility of the customer, and only the price of the product(s) will be refunded.
If you wish to return your entire order in compliance with the return conditions listed in the General Terms and Conditions of Sale, you must send us a registered letter with acknowledgment of receipt to the address Oh My God'Z 60 chemin de l'espero 13090 Aix-en-Provence, as well as the invoice, in a sufficiently protected package to benefit from a full refund. If one of the conditions is not met, a full refund cannot be issued.
The return of the product must imperatively be made via La Poste's Colissimo tracking service. We cannot be held responsible for the loss or damage of the package you return to us. For defective products or for any claims for a missing or damaged product in the package, the claim must be made by email within 48 hours of receipt of the package. No claims made after this period will be accepted.
The customer must contact our Customer Service at contact@ohmygodz.fr, return the products concerned at their own expense, and will then be fully reimbursed for the products and shipping after the Customer Service has assessed the condition of the products. In the case of a refund, we guarantee that it will be made directly to the credit card used for the purchase within a maximum of 14 days following the processing date of their return.
Returns are processed within a maximum of 3 weeks from the receipt of the package in our warehouses.
Defective products must be returned to us in the state in which you received them with all their elements: accessories, packaging, instructions, etc. The provisions of this article do not prevent you from benefiting from the right of withdrawal. In the event of a return not meeting these conditions (withdrawal for a damaged or incomplete product, return under warranty for a functional product, etc.), the product will be returned to the customer as is, subject to payment of the actual return costs, as well as the costs incurred for the return to our premises if they had been covered by EI Oh My God'Z.
Contractual guarantees do not cover: the replacement of consumables (batteries and accumulators) and abnormal or improper use of the products. In this regard, we invite you to carefully consult the instructions for use provided with the products, failures related to accessories (power cables, etc.), defects and their consequences due to the intervention of an unauthorized repairer, defects and their consequences related to use not in accordance with the purpose for which the product is intended (professional, collective use, etc.), defects and their consequences related to any external cause.
Article 8 Warranties
8.1 Commercial Warranty
The products sold are covered by a commercial warranty aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or repair of the goods. It does not cover defects caused by abnormal or improper use or resulting from a cause external to the intrinsic qualities of the products.
Information concerning any commercial warranties relating to the products and services offered for sale (including the content of the warranty, the terms of its implementation, its price, its duration, its territorial scope, as well as the name and address of the guarantor according to the products, services, and brands concerned).
8.2 Legal Warranty
All products offered by Oh My God'Z are subject to the application of legal warranties of conformity (articles L211-4 to L211-14 of the Consumer Code) and hidden defects (articles 1641 to 1649 of the Civil Code). To implement one of the warranties, the customer must contact Oh My God'Z by email at contact@ohmygodz.fr
It is recalled that within the framework of the legal guarantee of conformity, the consumer: • benefits from a period of two years from the delivery of the goods to act against their seller; • can choose between repair or replacement of the goods, subject to the cost conditions provided for in article L211-9 of the consumer code; • is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
This period is extended to 24 months from March 18, 2016, except for second-hand goods. The legal guarantee of conformity applies independently of any commercial guarantee that may cover your goods. It is recalled that the consumer can decide to implement the guarantee against hidden defects of the sold item within the meaning of article 1641 of the Civil Code and that in this hypothesis, they can choose between the resolution of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code.
Article 9 Liability
The products offered on the website ohmygodz.fr are compliant with current French legislation and applicable standards in France. All our products are NF or CE certified. The customer will find a user manual with most delivered products. We cannot under any circumstances be held responsible for the misuse of products sold on the site, particularly use for a purpose other than that intended by the product manufacturer, or non-compliance with product storage and safety instructions. The photographs, texts, graphics, information, and characteristics reproduced and illustrating the products presented are not contractual. Consequently, our responsibility cannot be engaged in the event of an error or omission in any of these photographs, texts, graphics, information, or product characteristics, or in the event of modification of product characteristics by manufacturers. For any questions about the products or our offer, please contact our Customer Service. We disclaim all responsibility for the content of websites to which hyperlinks may redirect from our own site. Oh My God'Z cannot be held responsible for the non-performance of the concluded contract in the event of stock shortage or unavailability of the product, disruption, total or partial strike, particularly of postal services, transport or communication means, flood, fire, and any other case of force majeure.
We shall not be liable for any loss or damage caused by a distributed denial of service attack (DDOS), viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other materials, due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Article 10 Intellectual Property
All texts, comments, works, illustrations and images reproduced on the website ohmygodz.fr are reserved under copyright as well as intellectual property rights worldwide. As such and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to different, or even more restrictive, provisions of the Intellectual Property Code. Any other use constitutes infringement and is sanctioned under Intellectual Property law, unless prior authorization from Oh My God'Z. Any total or partial reproduction of the website ohmygodz.fr is strictly prohibited.
Article 11 Retention of Title
The goods delivered and invoiced to you shall remain the property of EI Oh My God'Z until full payment of their price. Failure to make full payment may result in Oh My God'Z claiming the goods, with immediate return, and the goods delivered at your expense, risk, and peril. During the period between delivery and transfer of ownership, the risks of loss, theft, or destruction, as well as any damage you may cause, remain your responsibility.
Article 12 Mediation
In accordance with articles L.616-1 and R.616-1
of the Consumer Code, our company has set up a consumer mediation system. The mediation entity chosen is:
MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV
In case of dispute, you can submit your complaint on its website: https://www.medconsodev.eu
or by mail by writing to:
MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV
Centre d’Affaires Stéphanois SAS
IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE
3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE
Article 13 Personal Data
All personal data concerning our customers that we have collected are treated with the strictest confidentiality. When making purchases, only the information essential for the proper processing of the order will be requested. We do not sell, market, or rent this information to third parties. However, we may exceptionally decide to communicate certain information for direct and related needs for the execution of sales contracts that we conclude with you. In accordance with Article 34 of the French Data Protection Act of January 6, 1978, the customer has a right to object, a right to rectify or delete data concerning them. They can exercise this right by contacting us at the following address: contact@ohmygodz.fr (by indicating their name, surname, postal address, and email). We use cookies to record certain information that is stored in the memory of their hard drive. Under no circumstances do cookies contain confidential information such as their name, card number, but they allow them to remember the items they selected during their previous visits, the pages they had browsed. The customer acknowledges having been informed of this practice and expressly authorizes ohmygodz.fr to use it. The customer can deactivate this cookie through the settings in their browser software.
Article 14 Applicable Law and Disputes
All clauses in these general terms and conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law. Any dispute settlement can be made with our Customer Service and in the absence of an amicable settlement, only the Commercial Court of Marseille will be competent regardless of the reason for the dispute, which is the court of the registered office of Oh My God'Z where the contract between the parties is formed.
Article 15 Customer Acceptance
These general terms and conditions of sale as well as the prices are expressly accepted by the order maker, who declares and acknowledges having full knowledge of them, the confirmation of the order entailing acceptance of these general terms and conditions of sale. These conditions can be modified at any time without notice. The invalidity of one or more clauses of these general terms of use will not invalidate them.
Article 16 Protection of Minors
We are aware that the content of Oh My God'Z may be shocking, so we have made certain commitments regarding your minor children:
- No shocking content in our product descriptions
- No photos of nude models
- Descriptions written without vulgarity
- No pornographic content
Your responsibility as parents is to monitor the websites accessed by your children.
Nevertheless, for your children to access the Internet safely, you can install parental control and filtering software to limit their access to certain sites or content.
For more information, you can consult www.protection-mineurs.com
Anyone consulting the site Oh My God'Z declares to be an informed and adult audience aged 18 or over, or with the legal authorization of their parents or legal guardian.
Article 1305 of the Civil Code allows parents to cancel an order placed by a minor individual by contacting our customer service.
The brand Oh My God'Z cannot be held responsible if the minor individual has confirmed their information (date of birth) and has in any case provided false information to purchase products intended for adults by changing their birth value.
The law concerning article 227-24 of the penal code cannot be applied because the mere photograph of a nude cannot, subject to the sovereign appreciation of magistrates, constitute in itself the offense provided for in article 227-24 of the penal code.