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Welcome to www.theoriginalcondom.com. By using our website, you confirm your agreement to our terms and conditions, including the Privacy Policy, as set out below:

Article 1 - General

The company THE ORIGINAL CONDOM COMPANY, is a Simplified Joint-Stock Company with a registered capital of 81 030 euros, and main office located at Place du Lion d’Or, 1, rue Honoré Cazaubon, 32 100 Condom France, registered with the Register of Commerce and Companies  of AUCH under the number 512 543 992, hereafter « the Vendor », is the editor of the internet site www.theoriginalcondomcompany.com, (hereafter « the Site »), offering the sale of products, hereafter « the Product(s) », to internet users visiting the Site (hereafter « the Purchaser(s)).
 
The present General Conditions serve the purpose of, informing the Purchaser of the process and conditions in which he can expect to purchase the Products and thereby receive the delivery (hereafter « the Delivery ») of these, and of defining the rights and obligations of the parties involved.
 
The Products are offered for online sale using the Site. 
 
For all requests of delivery anywhere on a country not available on the website, it is necessary to send an email to the following address : contact@theoriginalcondom.com
 
The Purchaser declares, prior to finalising his order, that he possesses all legal rights to engage himself and whom he represents, with the present General Conditions.
 
The Vendor reserves itself the right to update the General Conditions at all times. In this case, the conditions to be followed will be those applicable at the date the order is made.

Article 2 - Accepting the general conditions 

The General Conditions are made applicable with no restriction or reserve to all the online sales of the Site and for all Products offered there by the Vendor.
 
By placing an order, the Purchaser acknowledges having read and understood the General Conditions and accepts them fully, without restriction.
 
Any conditional orders or acceptances are considered to be null and void by THE ORIGINAL CONDOM COMPANY.
 
The General Conditions of sale will prevail over any other general or specific condition not explicitly agreed to beforehand by the Vendor.

Article 3.1- Order requirements

Orders are made solely via the internet site www.theoriginalcondom.com, after the user has registered successfully within the Site.
 
Prior to an online order, as according to the article L111-1 of the Code of Consumption, the Purchaser has access and can inform himself, via the Site, of the precise Product characteristics he wishes to order.
 
Products are offered for online sale within the limit of stocks available.
 
At the time of order, the Purchaser is informed of the availability of Product(s). Nevertheless, if despite the Vendor’s best efforts, the Products appear to be temporarily unavailable (due to stock shortages, reeditions, etc.) after the order has been made, then the Vendor will inform the Purchaser of this by e-mail, and will prompt him to either cancel or modify his initial order. If these Products appear to be permanently unavailable (permanent stock shortage, end of production, etc.) after the order has been made, then the order will automatically be cancelled, and the Vendor will inform the Purchaser of this by e-mail.
 
Once the order has been processed, a confirmation e-mail that will include the relevant information regarding the Products ordered, will be sent to the Purchaser.
 
The sale will be considered definite, once this confirmation e-mail has been sent to the Purchaser.
 

Article 3.2- Pricing

 
The Product prices are indicated in US Dollars, excluding tax, and excluding processing and delivery costs.
 
All orders, regardless of the Purchaser’s nationality, are payable in US Dollars.
 
The Vendor reserves itself the right to change the Product prices at all times, in as far as, that Products will be invoiced according to the indicated Prices at the time of Order.
 
Additional to the Product Price, is a fixed-sum contribution to the delivery costs, which will automatically be calculated, added and displayed, during the Order process on the Site.
 
The Purchaser will bear all telecommunication costs for accessing the Internet and making use of the Site.

Article 4- Method of payment

The total price is due as of the date of Order, as payments are to be made exclusively online via Paypal.
 
The Purchaser explicitly guaranties that he possesses all necessary authorizations to use the bankers card he is using as a method of payment when passing his Order.
 
The Vendor uses a secure payment tool, that relies on the Purchaser’s authentication and data confidentiality. This secured payment system fully respects banking regulations in practice.
 
The Vendor reserves itself the right to suspend, or cancel any given Order and / or Delivery, in the case of a payment incident, a suspicion of fraud or attempted fraud, duing the Site’s usage or during the payment process.
Penalties of an amount of one and a half times (1.5 times) the legal interest rate are applied, in full right, to all rejected payments, as soon as they are identified. The delivery of a new Order can be suspended also, in the case of a late payment identification in a previous order.

Article 5- Method of delivery

The Order will be delivered to the delivery address  stated by the Purchaser at the moment of placing the Order on the Site www.theoriginalcondom.com.
 
The Vendor cannot be held responsible for a mistake made by the Purchaser when inputting his delivery information in the Site.
 
The orders are hermetically conditioned in a robust parcel (envelope or box), displaying no mention of the Site www.theoriginalcondom.com.
 
The Vendor cannot be held responsible in the case of a problem during the course of transport (torn envelope, opened packet) or if a different person to that indicated on the parcel were to open it.
 
For all requests of delivery in a country not available on the website yet, please contact the Vendor by e-mail on this address contact@theoriginalcondom.com.
 
As soon as the order is processed and payment is received, the packing ready for dispatch will be done within 48 hours on average.
 
Then, up to 7 methods of delivery are offered (depending on their availabilityon delivery country) :
 
  • UPS Ground
  • UPS 3 days
  • UPS 2 days (airmail)
  • UPS  next day (airmail)
  • UPS Worldwide Expedited
  • USPS Priority Mail
  • USPS Priority Mail International
The delivery times are indicative.

Article 6 - Pull-out period

The Purchaser, as a non commercial party, has a period of 7 clear days, as of the reception date, to return the Products, at his own expense, for an exchange or for a refund.
 
In this case, the Products must be returned to the Vendor, in their original packaging with the corresponding purchase invoice, clearly stating « Return THE ORIGINAL CONDOM COMPANY » to the following address :
 
OWD
1915 10th Ave W
Mobridge, SD 57601-0006
USA

Article 7- Guarantee

Were the Purchaser to receive a damaged item after delivery, viewable by the damaged packaging or by the contents of the parcel, the Purchaser must make his statement to the Deliverer within two working days from reception date.
 
It is stated here that the Vendor will be by no means liable for an unsatisfactory delivery after this time period.
 
The Purchaser will have to return the Order (Products in their original packaging) and the parcel, packed with precaution, to the following address :  
 
OWD
1915 10th Ave W
Mobridge, SD 57601-0006
USA
 
Before returning the Product, the Purchaser will notify the Vendor of the reason for the return by e-mail to the following e-mail address: contact@theoriginalcondom.com.
 
The Vendor will subsequently proceed to a verification of the goods returned, and if he considers the return to be justified, he will opt for either a delivery of a new Product as an exchange, or for a refund of the damaged Product.
 
The refund amount will be given by cheque in US Dollars to the Purchaser, and will include the refund of the initial delivery costs, if the Purchaser’s return results from an error on the Vendor’s behalf.
 
The processing time for returns is up to 30 open days approximately.
 

Article 8- Responsibility

 
The Products on offer on the Site www.theoriginalcondom.com conform to french law and to US standards and regulations. All Products are conform to NF and/or CE standards and thereby undergo all required testing by the manufacturers.
 
An information leaflet on how to use the Products is available on the Site and with most of the Products when delivered.
If you want to download this leaflet, please click on the link below: Download the instruction leaflet.
 
The Vendor will by no means be liable to the Purchaser or to any third party in the cases when :
  • Liabilities suffered by the Purchaser are the result of a shortfall in contractual executions,  or, of an incorrect execution of contractual obligations, that were of the Purchaser’s responsibility ;
  • Liabilities suffered by the Purchaser result from a misuse of the Products, by not using them for their specified function, or conform to its purpose, as well as by not respecting correct storage guidelines;
  • Liabilities suffered by the Purchaser result from his mistake, including any situation of offence. In all cases, the Vendor’s responsibility, towards all liabilities resulting from the non-execution or the incorrect execution of the Purchaser’s obligations, will never exceed the total price of the Purchaser’s Order in question.
 
Photographs, texts, graphics, information and characteristics reproduced and illustrating the Products are not permitted in the contract. Therefore, the Vendor cannot be held responsible for the wrong usage or the misrepresentation of a photograph, text, graphic, information or Product characteritics, including the case when manufacturers might modify Product characteristics.
 
The Vendor is free of all responsibility regarding the contents of any internet site which hypertext links may be directed to from the Site.
 
The Vendor commits itself to perform regular controls to ensure the correct functioning and accessibility of the Site. To this effect, the Vendor reserves itself the right to temporarily interrupt access to the Site for maintenance.
 
Likewise, the Vendor cannot be held responsible for difficulties or impossibilities of accessing the Site, for reasons that are beyond its control, such as deficient telecommunication networks, or in the case of partial or total strikes, including postal services, transport services or communication services.
 

Article 9 - Personal data protection

 
All personal data concerning the Purchaser, recorded through the Site’s usage, are processed with the utmost confidentiality. At the moment of Order, the only information requested is information necessary to ensure the service and the correct order processing.
 
These data are neither sold or used for any other commercial use, including through a third party.
 
The Vendor can however exceptionally decide to communicate information for the direct  purpose and necessity of executing the sales contracts approved by the Purchaser.
 
As according to the Law of Information Technology and Rights of January 6th 1978, the Purchaser withholds access rights and modification rights of his personal data. To do this, the Purchaser will contact the Vendor indicating his name, first name, address and e-mail:
 
• By email to : contact@theoriginalcondom.com
• By post to : The Original Condom Company - Place du Lion d’Or, 1, rue Honoré Cazaubon, 32100 Condom, FRANCE
 
Cookies are used to record some information and are stored in the Purchaser’s hard drive. It is impossible for these cookies to contain any confidential information such as the Purchaser’s name, or a credit card number, they can only keep a record of Products selected, Orders passed and pages visited during previous visits to the Site.
 
The Site’s registry number at the CNIL is n° 1432616.
 

Article 10 - Personal banking information

 
Banking information relating to the Purchaser’s payment are also part of an automatic data process, for which Paypal is responsible (no banking information transits through the Site www.theoriginalcondom.com). This automatic data processing serves the purpose of defining an analytical framework for a transaction and for fighting credit card fraud.
 
Paypal is therefore also the receiver of data relating to the Purchaser’s Order.
 
If these data were not transmitted to PayPal, the Purchaser’s Order would not give rise to a transaction.
 
The occurrence of a payment declination due to fraudulent credit card usage, will lead to the inclusion of the Purchaser’ s personal data relating to the declined payment, within an incident database belonging to Paypal.
 
An incorrect declaration or an anomaly can also give rise to a specific method of resolution.
 
As according to the Law of Information Technology and Liberties of January 6th 1978, the Purchaser withholds the right to access, modify and contest all personal data by writing by post, and proving his identity to Paypal France.

Article 11- Intellectual property

The systems, software, structures, infrastructures, databases and contents (texts, images, visuals, logos and brands, etc.) shown on the Site are protected by all intellectual property rights in practice, worldwide. Any kinds of dismantlements, excerpts, extracts, parts, reuses, copies and more generally any kind of reproduction, representation, diffusion, and use of any of these elements, in total or in part, without the explicit preceding authorisation by THE ORIGINAL CONDOM COMPANY are strictly prohibited and will provide the grounds for legal proceedings.

Article 12- Applicable legislation and jurisdiction

The General Conditions are made applicable according to french law. In the case of opposing interpretations between parties on an event or an execution, the parties agree that the only competent law courts to address the case are those of AUCH.

Article 13- Date of effect

The above general conditions come into effect as of July 5th 2010.

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