General terms and conditions of sale

These General Terms and Conditions of Sale (hereinafter also referred to as: “CGVs”) constitute a contract concluded between you (hereinafter likewise referred to as: the Client) and the Company [Inc.], with headquarters located at 5 rue Perdtemps, 1260 Nyon, Switzerland (hereinafter likewise referred to as “the Company”). The CGV shall govern your use of the site www.virilpatch.com and of any other site, application or even tool associated with it (hereinafter collectively referred to as: the “Site”). The Site www.virilpatch.com is operated by the Company.

When you use the Site as defined below and/or when you click on the button “I have read and accepted the general terms and conditions of sale”, you confirm that you have read these CGV and expressly agree to be subjected to it and to comply with it, as well as with all applicable laws and regulations related to the Site. If you do not agree to be bound by these CGV, you must refrain from using the Site.

The Company enables you to order items and products online (hereinafter referred to as: “the Products”) through an e-commerce platform (hereinafter referred to as “the Site”). You must be at least 18 years of age and be 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 may not use the Site except with the authorization of your legal guardian.

The different stages for the conclusion of a contract on the Site are as follows:

• Selection of one or more Product(s) or of an offer of a course of treatment,
• Identification and/or communication of your personal data by order form,
• Communication of your payment data on a secure page,
• Verification and confirmation of the order,
• Receipt of a confirmation email for the order.

By placing an order through the Site, you confirm that you are of legal age and/or have the right to enter into contracts in your jurisdiction, you expressly and unreservedly accept these CGVs and finally, you acknowledge that you understand their content and scope.

The Company reserves the right to revise these CGVs at any time. If any revisions are made, all users of the Site will be notified about these changes by email or by a notification displayed on the Site. You are responsible for familiarizing yourself with these revisions. Continuing to use the Site after such revisions shall represent acceptance of the new CGVs and consent to the revisions. The Company reserves the right to shut down the Site at any time, without notice and without indicating reasons.

Prices are indicated in Euros. The total price that will be invoiced by the Company includes the price of products and shipping costs, VAT included. Any customs duties or other fees associated with the import of merchandise in the Client’s country of residence are the sole responsibility of this latter and shall be invoiced in addition by the authority in question.

The Company reserves the right to revise their prices at any time and without notice. Orders placed before the change in price shall nevertheless not be affected and shall be invoiced at the price indicated at the time of order as approved by the Client.

All products shall remain the property of the Company until full receipt of the amount invoiced.

As part of some of the treatment-type offers, the client shall enjoy a commercial discount and/or gifts offered at the time they place their first order. Treatment and cure-type offers and formulas involve an automatic renewal of the order. This way, at the end of each period and for the purpose of avoiding any interruptions in the process of their course of treatment, the client shall receive a new delivery that is identical to their initial order (except for gifts), for the same period and at the same price. The client may request the interruption of scheduled deliveries as a part of their course of treatment by contacting customer service by email on customer@virilpatch.com or make this request online.

Example of a case of a course of treatment with a product such as Virilpatch. Catalog price of the Virilblue product is 69.90 Euros. If you take advantage of a promotion at the price of 57.90 Euros including 30 patches offered, your course of treatment will be renewed each month at the price of 57.90 Euros. If this is the case, every month a new box will be delivered to you, with the 30 free patches being offered only with your initial subscription to the course of treatment. Any other future gifts offered at the time of your subscription will also be offered only at the time of your initial subscription.

The Company uses an order processing platform as well as a secure payment management platform that guarantees the greatest confidentiality of the Client’s banking data according to currently accepted standards. Payment processing by bank card is assured through external service providers for the Company’s account. Treatment type offers can be paid for only by bank card or, in some cases, when offered to you, by SEPA direct debit.

Apart from treatment offers, the client sometimes has the option of paying by check payable to the order of the Company or by bank card. If this is the case, the order will not be processed until the order is paid for in full. It is brought to the attention of the client that payments by check and by bank transfer will considerably extend the time required to process orders. In no case and in no form of exemption, will an order be fulfilled without receipt of full payment.

The Company has entrusted an external service provider with the management of storage, packaging of parcels, processing as well as shipping of orders. The outside service provider is responsible for sending orders within a maximum period of 72 business hours following receipt of payment, as long as the products ordered by the Client are duly indicated “in stock" at the time the order was concluded.

The product availability indicated in the online store is however given only for information purposes, it is susceptible to revision at any time depending on variations in stock associated with orders in progress. Delivery times vary depending on availability of products, selected method of payment and destination country.

All parcels and letters are shipped by Postal services from France or by private transporters from Portugal. The Company declines all responsibility as regards forwarding of parcels and letters. Port costs are calculated at the time of each order, but in many cases, port costs are offered to the Client [at no charge].

It is incumbent upon the Client to ensure that the delivery address indicated is correct and complete for a forwarding without incident by the Postal service involved. If a parcel or letter is returned by the Postal service due to insufficient or inaccurate address or if a parcel is not claimed within the holding period, the Client shall be responsible for port costs for the re-shipment of the parcel.

If this is the case, estimated delivery times indicated in these CGVs will not be taken into account. If a parcel or letter has to be returned by the Postal service involved due to insufficient or inaccurate address or if the parcel is not claimed within the holding period, and the Client asks for repayment for the corresponding order, the amount reimbursed by the Company shall be limited to the total value of the products and shall not include shipping costs.

For a tracked package, the Client may at any time consult the status of their orders using the online tracking tool made available by the Company or through customer service, however this latter cannot ensure uninterrupted accessibility.

The Client shall have a period of 14 days from delivery to exercise their right to cancel, without having to justify grounds of any kind. This right to cancel is excluded for customized items, for items made upon request and according to client specifications, for beauty products, for items for intimate use and finally, for items intended for consumption.

In cases in which you have a right to cancel, the cancellation period of 14 days starts to elapse on the day on which you, or a third party who is not the shipper and which you have designated, have received the ordered article or, for an order involving multiple items delivered separately, on the day on which you, or a third party who is not the transporter, have received the last item.

In order to exercise your right to cancel, you must notify us of your decision to cancel by using the cancellation form made available to you on this link or by sending your request, free of ambiguity, expressing your wish to cancel, to customer@virilpatch.com, before the cancellation period has expired.

The Client shall enjoy a “satisfaction guaranteed or your money back” guarantee on all products ordered in the store, during the 14 days following receipt of merchandise (postmark required as proof). All our repayments are made within a period of 1 month by the same method of payment used at the time of the initial order. When this is not possible, reimbursement is made by bank transfer. Risks associated with return of the item (loss or damage) shall remain the responsibility of the Client, as well as shipping costs (return).

Within the same 14-day period, you will have the option of asking for an exchange for size or color of an identical item (depending on availability). Return port costs and reshipping costs shall remain your responsibility. You may also select another reference: the price difference between two items, return shipping costs and shipping of the new order shall remain your responsibility.

Risks associated with return of the item (loss or damage) shall remain the responsibility of the Client, as well as shipping costs (return). We will reimburse/exchange only products that may once again be offered for sale, that have not been used or worn, and which have been returned in their original intact packaging (not opened).

For a return of a defective product, which must take place within the 14 days following receipt of the merchandise (postmark required as proof), return and reshipping costs will be covered by the Company after confirmation of the defect by the return service. Before making a return for this reason, you must contact customer service who will give you the procedure to follow for your claim.

The products offered are compliant with laws in force, for import into other countries, the Client is responsible for learning beforehand about local regulations. The Company may not in any case be held liable for the shipping of products deemed illicit in the Client’s country.

Photographs and texts from the descriptions of the products are not contractual, therefore it is possible that the Client may observe differences in colors or packaging, if this is the case, the Company cannot be held responsible. When the Client confirms their order on the internet Site, they state that they have read and accepted the general conditions of sale.

No advice or information given to the Client, either orally or in writing, shall be considered as creating guarantees if they are not expressly indicated by the present general conditions. These CGVs are governed by French law and may be revised at any time without notice.

By using the Site, you agree that the Company will collect, process and use your personal data. For more information about how we collect and process your personal data, you may consult our Confidentiality Policy.

The Company makes the Site available “as is” and “as available” without any form of guarantee. The Company does not guarantee that the Site or its use will be uninterrupted, without errors or “bugs”. The Company gives no guarantees in relation to the Products that may be ordered on the Site.

The company does not give any guarantee except for those indicted in these general conditions of sale. To the extent of legislation in force, the Company shall not be held liable and gives no guarantee of any kind, express or tacit, direct or indirect, including, but not limited to, guarantees of compliance, suitability for the market or anything else, or guarantees of non-violation of applicable rules in relation to the site or the products delivered. Only the guarantees indicated in these CGVs or those of the manufacturer shall apply.

Since the Company is only a sales intermediary and does not import the products themselves, they do not offer any guarantees in relation to the products and will not be held responsible under the applicable laws on applicable product liability. Insofar as some countries restrict the limitation of liability due to intentional flaw or gross negligence, this clause may be applied only partially to you in some cases, but shall nevertheless remain valid for the remainder.

All software, code, layout, graphics, visual identity, designs, animation, logos, trademarks, videos, photos, music, document files, texts, comments, illustrations, images and photos or other contents proposed on the Site are the exclusive intellectual property of the Company and shall remain their intellectual property under all circumstances. Any reproduction or total or partial representation of the Site or its contents by any process whatsoever, without the express authorization of the Company, is prohibited and shall constitute a copyright violation. The Company’s trademarks, as well as all logos on the Site are registered trademarks.

Any reproduction in full or in part of these trademarks or logos made using components from the Site without the authorization of the Company is prohibited and shall constitute a violation of the trademark. All rights relating to the contents that are not expressly contained in the present CGVs shall remain the property of the Company. Any use of these contents without prior agreement from the Company is prohibited.

This is the case, in particular, but not limited to, all distribution, reproduction, modification, display or transmission of contents or data. You agree not to extract, control, copy, index or reference, unduly or without prior authorization of the Company, the contents of the Site, manually or through use, notably, of robots, spiders or any other automatic system.

The rights of the Company include rights to the Site, to domain names used and to all software, DNS and codes making it possible to make the Site available on the abovementioned domain names.

You must not use the Site for the purpose of distributing, sending or placing online any spam, unsolicited electronic communication, chain letters or pyramid systems. You must not attempt to pirate or distribute viruses or any technology that may damage the Site or the interests or property of their Clients. You are prohibited from posting comments or evaluations that are inexact, disloyal, offensive, defamatory or which in any way violate the law in order to obtain undue benefits, do harm to a competitor, unduly tarnish the reputation or cause harm to the personality of an individual or a third party or in any manner, undertake actions that may damage or call into question the merit of the evaluation system available on the Site.

You must not export or reexport any application, code or tool developed by and property of the Company, unless you comply strictly with the applicable laws in relation to export control under all applicable legislation. You are prohibited from copying, modifying or distributing the content available on the Site without prior authorization. You are prohibited from marketing any applications, codes, information or software used on or by the Site. You are prohibited from gathering or collecting in any way any information related to the Clients of the Site, their Email addresses and/or their personal data without prior authorization of these latter or in violation of the Company’s confidentiality policy.

If the present CGVs or any other legal provision applicable to your use of the Site are violated, the Company reserves the right to cancel any contract binding you and to exclude you from the site in a discretionary manner, with or without prior notification.

The Site may contain links to other sites that are not controlled by the Company. The Company will not provide any guarantee and does not assume any liability with regard to the currentness, exactness, licitness, exhaustivity or quality of the contents of the sites accessible through a link available on the Site and shall not in any case be held liable for the contents of the sites towards which these links point (hypertext or deep-link). The Company is making these links available solely for your convenience and the inclusion of links to these types of sites does not indicate that the Company adheres to or is supporting the contents indicated in it.

From the moment the Services are based on the Internet, they are subject to temporary interruptions. The Company assumes no responsibility except for temporary unavailability of the Site, a failure in some or all of the functions of the Site, a loss of data associated with such an interruption or for Site malfunctions. The Company will do the best they can to ensure that the Site is functioning in a reliable manner that is uninterrupted and flawless.

Nevertheless, due to maintenance work in particular but not exclusively, it is possible that the Site may be partially or entirely unavailable during a certain period of time, which does not make the user eligible for any claim against the clients through the Company.

The Company cannot be held responsible for any possible defects, losses of data or damages occurring in relation to a defect or an interruption of the Site or of your access to the Site. The Company shall not provide any guarantees in relation to the time lag between the system time and the official time. The Company excludes all responsibility for damages suffered during use or abuse of the Site or of the Internet network by other users or by third parties.

Internet users using the Site are expressly informed about the risks associated with the technical specifics of the Internet network. Although the Company undertakes everything that is reasonably within their power to provide heightened security of your data, the Company cannot, as regards these technical specificities, guarantee that the information and data exchanged by the Site will not be intercepted by third parties and that the confidentiality of exchanges will be guaranteed in their entirety. Given that it is difficult to identify a user on the internet, the Company does not offer any guarantee of being able to find the identity of a Site user.

It is your responsibility to use the information indicated on the Site with prudence and to proceed with all verification under your own responsibility. You acknowledge that you are using the Site at your own risk and peril. You acknowledge that you have at your disposal the skills and means necessary to access and use the Site and that you have verified that the software configuration used does not contain any viruses and that it is in perfect operating condition.

If the client opposes, without valid reason, one or more payment transactions made on the Site, this step shall be considered as constituting an abusive repudiation. If this is the case, the Site will systematically proceed to the recovery of the unpaid amounts, plus 100 Euros in processing fees per contested transaction.

If the client fails to make payment within 7 days following formal notice, the Company reserves the right to make use of the law in order to assert their rights. In this case, processing fees shall be brought up to 500 Euros per contested transaction.

You agree to indemnify the Company in full, as well as their representatives, administrators, agents and/or employees of all fees, costs, damages and expenses (including legal expenses and lawyers) that may arise as a result of a violation of these CGVs or of any applicable legal provision or standard.

The present general conditions of sale, as well as the Confidentiality Policy, represent the entirety of the agreements reached between you and the Company and have precedence over all prior agreements, oral or written, that you may have had with the Company. Any revision of these CGVs shall not be invoked against the Company unless it has been signed by the representatives authorized by the Company.

The Company reserves the right to cede or transfer to any company of their choice, the rights and obligations contained in these general conditions of sale.

If certain provisions of these CGVs should be totally or partially cancelled and/or inapplicable, the validity and/or application of the other provisions or a portion of these provisions shall not be affected. All inapplicable and/or null provisions would then be replaced by the legally valid provisions closest in meaning to them and to the economic reason for the inapplicable and/or null provisions. This shall also be the case for any loopholes in these CGVs.

The Side and the present general conditions of sale are subject to Swiss law. If there is any dispute, the parties shall make every effort to find an amicable solution. Failing an amicable agreement between the parties, the courts of the jurisdiction where the Headquarters of the editing company of the Site are located shall have sole authority without any exception notwithstanding multiple defendants or introduction of third parties.