ARTICLE 1 – DEFINITIONS The General Terms and Conditions of Sale, or Terms of Sale (TOS) are presented by the company Nyoon (hereinafter “the company”), SAS with a capital of 3000 euros registered with the RCS Montpellier 978 029 577 00019 APE Code 4791B Registered office: 2 Rue Sainte Catherine, 34000 Montpellier, France, represented by Théophile Bertrand. His email address is firstname.lastname@example.org. The company owns the website https://www.nyoon.com/ (hereinafter “the Site”), hosted by OVHcloud, located at 2 rue Kellerman 59100 Roubaix, France. Théophile Bertrand is the publishing director. The Site offers the Client (hereinafter “the Client”) the purchase of sex toys (“Toys” or “Dildos”), well-being articles, clothing, and decoration (“Products”). Before using the Site, the Client must ensure that he has the necessary technical and computer means, that his browser is secure, and that his equipment is in good condition without viruses.
ARTICLE 2 – APPLICATION AND OPPOSABILITY OF THE TOS The TOS define the conditions of sale of the Products on the Site and apply to each Order from the Client. By placing an Order, the Client accepts the TOS in force on the date of the Order. Any contrary condition of the Client is not opposable to the company without prior express acceptance.
ARTICLE 3 – ORDERING PRODUCTS ON THE SITE The Client must be over 18 to buy anything from the Site. By purchasing from us and accepting the TOS, the Client confirms that he is over the age of 18.The company reserves the right to correct the content of the Site at any time. The Products are described accurately, but minor variations may occur without liability. The Client can order by following the process: choose the Product(s), access the summary, validate the order. The validation of the Order, accepting the TOS and implying payment, concludes the contract between the company and the Client.
ARTICLE 4 – PRICE AND PAYMENT TERMS OF THE ORDER Prices, in euros including all taxes, are indicated on the Site. The total amount, displayed before validation of the Order, is payable in euros on the day of the Order, by credit card via the module installed on the website. The company reserves the right to cancel an Order in case of payment default.
ARTICLE 5 – DELIVERY AND DEADLINES Products are deliverable in certain countries. Delays may vary (up to four weeks). Delivery in France is managed by Colissimo, with tracking provided to the Client. In the case of shipments outside France, other solutions may be proposed at the discretion of the Client. In case of return due to the absence of the Client, a second delivery is at the expense of the Client.
ARTICLE 6 – CUSTOMER SERVICE For any information or complaint, the Client contacts customer service at email@example.com.
ARTICLE 7 – LEGAL AND COMMERCIAL WARRANTIES All products offered by the company are subject to the legal conformity warranty provided by law, notably articles L.217-4, L.217-5, and L.217-12 of the Consumer Code, and to the warranty against hidden defects provided by articles 1641 and 1648, first paragraph, of the Civil Code. The defective or non-compliant product will be replaced according to the cost modalities provided by the Consumer Code after acceptance by the Company of the duly provided justifications of the designation of apparent defects.
ARTICLE 8 – CUSTOMER’S OBLIGATIONS The Client undertakes to respect the TOS and to use the Site in accordance with the instructions. He refrains from illegal or harmful use.
ARTICLE 9 – RIGHT OF WITHDRAWAL In accordance with articles L.221-18 and following of the Consumer Code, the Client has 14 days to exercise his right of withdrawal on items compatible with this provision. The withdrawal notification is made by email. The Client returns the Products within 14 days following the notification, at his own expense. The refund takes place within 14 days following the receipt of the Products. Exemption from the right of withdrawal: Given their nature, some of the products sold by the Company, such as Nyoon sex toys, are exempt from the right of withdrawal because they fall into at least one of the two exception frameworks 3 and 5 of article L.221-28 of the Consumer Code:
ARTICLE 10 – LIABILITY The company declines any responsibility in case of non-performance attributable to the Client, a third party, or force majeure. It does not compensate for indirect damages. The company shall not be held responsible for damages caused by the misuse of one of its products or for non-compliance with usage precautions and conditions of hygiene, storage, and safety when using one of its Products/Services. It is expressly stipulated that the company cannot in any case be held responsible, in any way, for the case where the computer equipment or electronic messaging of the Clients would reject, for example, due to anti-spam, the emails sent by the company, including, without limitation, the copy of the payment receipt, the summary of the Order, or the shipment tracking email. The Client is fully aware of the provisions of this article, and notably the aforementioned guarantees and limitations of liability, essential conditions without which the company would never have contracted.
ARTICLE 11 – SECURITY The Client undertakes not to compromise the security of the Site, under penalty of measures and criminal liability.
ARTICLE 12 – INTELLECTUAL PROPERTY The elements of the Site are protected by copyright, trademark law, designs and models, and/or any other intellectual property rights. All these rights are reserved for France, Europe, and the rest of the world. The “Nyoon” brand and the Nyoon Spiral Ex-Libris are registered trademarks with the INPI and protected. The name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the company. The drawings of Nyoon characters owned by Nyoon and created by independent artists are the property of their authors, and Nyoon holds the rights to commercial exploitation, in accordance with contracts made between these parties.
ARTICLE 13 – PERSONAL DATA The company respects the privacy of the Client and protects his personal data. The Client has the right to access, modify, and delete his data. The company understands that data protection and privacy are crucial for all internet users visiting the Site. The company undertakes, in accordance with the GDPR regulations, to respect the privacy of the Client and to protect personal data, i.e., data that may directly or indirectly identify you as a person. At the order stage on the Site, the Client expressly consents to the collection and processing of his personal data necessary to carry out the orders. The personal data collected by the company is intended to allow the fulfillment of the order. 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 n° 78-17 of January 6, 1978, as amended by law n°2004-801 of August 6, 2004, known as the “Informatique et Libertés” law, and the general data protection regulation (GDPR), subject to proving your identity, any Client, regardless of nationality, has the right to access, modify, and delete his personal data. Each Client is also entitled to request a limitation of the processing of his data and has, moreover, a right to the portability of data as well as a right to object to the processing of personal data concerning him. For the purposes of the application of this clause and, in particular, to ensure the confidentiality of the data of the Clients, the company has designated, in accordance with the provisions of the general data protection regulation (GDPR), a data protection officer, who can be contacted at the following address: firstname.lastname@example.org
ARTICLE 14 – NEWSLETTER The Client can agree to receive the company’s newsletter. He can unsubscribe at any time.
ARTICLE 15 – APPLICABLE LAW AND JURISDICTION The General Terms and Conditions of Sale are governed by French law. In case of dispute, only the French courts are competent.
ARTICLE 1 – PUBLISHER The Nyoon website (hereinafter “the Site”), accessible at www.nyoon.com, is published by the company Nyoon (hereinafter “the Publisher”), SAS with a capital of 3000 euros registered with the RCS Montpellier 978 029 577 00019 APE Code 4791B Registered office: 2 Rue Sainte Catherine, 34000 Montpellier, France, Contact: email@example.com, +33 7 83 44 99 78
ARTICLE 2 – SITE HOST The Nyoon site is hosted by OVH SAS, whose registered office is located at 2 rue Kellerman 59100 Roubaix, France.
ARTICLE 3 – COLLECTION OF PERSONAL DATA In accordance with the modified law n° 78-17 of January 6, 1978, the Publisher collects and processes personal data during the connection to the Site. These data are used for the provision, optimization, and security of the Platform. The user can exercise their rights by contacting the Publisher at firstname.lastname@example.org. Data may be shared with third parties in compliance with the legislation.
ARTICLE 5 – INTELLECTUAL PROPERTY All elements of the Site are protected by intellectual property laws. Reproduction, representation, use, or adaptation without the written agreement of the Publisher is strictly prohibited. Private use is allowed, any other use constitutes infringement. The Nyoon brand and the designs of numerous Nyoon products are registered with the INPI. The illustrations of Nyoon characters are created by various artists whose commercial exploitation rights are owned by Nyoon. Nyoon characters are the exclusive intellectual property of the company.
ARTICLE 6 – HYPERTEXT LINKS The Site may contain hyperlinks to third-party sites. The Publisher is not responsible for the compliance with legal provisions by these third-party sites.