EN 
FR Conditions générales de ventes
Effective July 1, 2023.
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as 'GTC') apply, without restriction or reservation, to any purchase of the following services:
- Classic Annual Subscriptions
- Annual Student Subscriptions
- Monthly Subscriptions
as offered by the Service Provider to non-professional customers (“The Customers or the Customer”) on the site www.my-odess.com.
The main characteristics of the Services are presented on the website www.my-odess.com.
The Client is required to familiarize themselves with it before placing any order. The selection and purchase of a Service are solely the responsibility of the Client.
These General Terms and Conditions are accessible at any time on the website www.my-odess.com and will prevail over any other document.
The Customer declares to have read these General Terms and Conditions and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website www.my-odess.com.
Unless proven otherwise, the data recorded in the computer system of the Service Provider shall constitute proof of all transactions concluded with the Client.
The contact details of the Service Provider are as follows:
odess, SAS
Share capital of 1500 euros
Immatriculé au RCS de Lille, sous le numéro 950841510
87 Rue du fontenoy 59100 Roubaix
Email : contact@my-odess.com
Customs duties or other local taxes, import duties, or state taxes may be applicable. They will be the responsibility of and are solely the responsibility of the Client.
ARTICLE 2 - Price
The Services are provided at the current rates appearing on the website www.my-odess.com, when the order is registered by the Service Provider.
The prices are expressed in Euros and inclusive of all taxes (TTC).
The prices take into account any reductions that may be granted by the Service Provider on the website www.my-odess.com.
These rates are firm and not subject to revision during their validity period, but the Service Provider reserves the right, outside the validity period, to change the prices at any time.
An invoice is prepared by the Service Provider and provided to the Client upon the provision of the ordered Services.
ARTICLE 3 - Orders
It is the responsibility of the Client to select the Services they wish to order on the website www.my-odess.com, according to the following terms:
- Registration on the platform - Subscription to a subscription
- Filling in personal and bank details
- Placing the order
The sale will only be considered valid upon full payment of the price. It is the responsibility of the Client to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website www.my-odess.com constitutes the formation of a contract concluded remotely between the Client and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.
Placing an order on the website www.my-odess.com implies the conclusion of a contract for a minimum duration of 1 month or 1 year renewable for the same duration by tacit agreement.
In accordance with Article L 215 -1 of the Consumer Code, reproduced below:
"For fixed-term service contracts with an automatic renewal clause, the professional service provider shall inform the consumer in writing, through a dedicated personal letter or email, no earlier than three months and no later than one month before the end of the period allowing the rejection of the renewal, of the possibility of not renewing the contract they have entered into with an automatic renewal clause. This information, delivered in clear and comprehensible terms, shall include, in a prominent box, the deadline for non-renewal.
When this information has not been provided to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.
Any payments made after the last renewal date or, in the case of contracts of indefinite duration, after the date of conversion from the initial fixed-term contract, shall be reimbursed within thirty days from the date of termination, with deductions made for sums corresponding to the contract's performance up to that date. The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules regarding consumer information."
Article L215-2 of the Consumer Code excludes the application of Article L215-1 to operators of drinking water and sanitation services, whereas Article L215-3 of the Consumer Code states that these rules are applicable to contracts concluded between professionals and non-professionals.
Article L241-3 of the Consumer Code sanctions the professional who has not proceeded with reimbursements in accordance with the conditions provided for in Article L215-1 of the Consumer Code."
ARTICLE 4 - Payment terms
The price is paid through a secure payment method, according to the following terms:
- Payment by credit card
The price is payable in cash by the Client, in full on the day of placing the order.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the website www.my-odess.com.
Payments made by the Client shall only be considered final upon the actual receipt of the amounts due by the Service Provider.
The Service Provider shall not be obligated to provide the Services ordered by the Client if the Client does not pay the full price in accordance with the conditions indicated above.
ARTICLE 5 - Provision of services
The Services ordered by the Client will be provided according to the following terms:
- Monthly or annual subscription service providing access to online erotic audio and written content.
Said Services will be provided within a maximum period of 1 hour from the final validation of the Customer's order, under the conditions provided for in these General Terms and Conditions to the address indicated by the Customer when ordering on the website www.my-odess.com.
The Service Provider undertakes to use its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means and within the specified timeframes above.
If the Services ordered have not been provided within 48 hours after the indicative date of supply, for any reason other than force majeure or the act of the Customer, the sale of the Services may be canceled at the written request of the Customer in the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event of a specific request from the Client regarding the conditions of provision of the Services, duly accepted in writing by the Service Provider, the associated costs will be subject to additional specific billing at a later date.
In the absence of any reservations or complaints expressly made by the Client upon receipt of the Services, they shall be deemed to conform to the order in terms of quantity and quality.
The Customer will have a period of 14 days from the provision of the Services to submit complaints by email to the address: contact@my-odess.com or by mail to the address: 6 rue d’armaillé 75017 Paris, with all relevant supporting documents, to the Service Provider.
No complaint shall be validly accepted in the event of the Client's failure to adhere to these formalities and deadlines.
The Service Provider will refund or rectify, at its own expense and as soon as possible, the Services for which the lack of conformity has been duly proven by the Client.
ARTICLE 6 - Right of withdrawal
In accordance with the provisions of Article L221-18 of the Consumer Code, 'For contracts providing for the regular delivery of goods over a defined period, the period shall run from the receipt of the first goods.
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the website, or by any other unambiguous statement expressing the intention to withdraw, notably by postal mail sent to the Service Provider at the postal address or email provided in ARTICLE 1 of these GTC.
In the event of exercising the right of withdrawal within the aforementioned timeframe, only the price of the ordered Services is refunded.
The refund of the sums actually paid by the Client will be made within a period of 14 days from the receipt, by the Service Provider, of the notification of the Client's withdrawal.
ARTICLE 7 - Liability of the Service Provider - Warranties
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation, when these were their responsibility under the contract or were carried out under their responsibility."
Article L217-5 of the Consumer Code
"The good conforms to the contract:
1. If it is fit for the ordinary use expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the seller.
Article L217-12 of the Consumer Code
"The action resulting from lack of conformity is subject to a two-year limitation period from the delivery of the good."
Article L217-16 of the Consumer Code
"When the buyer requests the seller, during the course of the commercial warranty granted to them at the time of the purchase or repair of a movable asset, to carry out repair work covered by the warranty, any period of immobilization lasting at least seven days is added to the remaining duration of the warranty. This period starts from the buyer's request for intervention or from the availability of the item for repair, if such availability occurs after the request for intervention."
In order to assert their rights, the Client must inform the Service Provider, in writing (email or letter), of the existence of defects or lack of conformity.
The Service Provider will refund or rectify or have rectified (to the extent possible) the services deemed defective as soon as possible and no later than 14 days following the Service Provider's identification of the defect or vice. This refund may be made by bank transfer or bank check.
The Service Provider's warranty is limited to the refund of the Services actually paid by the Client.
The Service Provider cannot be considered liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure, as typically recognized by French jurisprudence.
Services provided through the website www.my-odess.com of the Service Provider comply with the regulations in force in France. The Service Provider cannot be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Client, who is solely responsible for the choice of the Services requested, to verify.
ARTICLE 8 - Personal data
The Client is informed that the collection of their personal data is necessary for the sale of the Services and their execution and delivery, entrusted to the Service Provider. These personal data are collected solely for the performance of the service contract.
The customer is the sole guarantor of the accuracy of the personal information he has given to odess. In the event of non-accuracy, odess cannot be held responsible for its inability to contact the customer in the event of a contact or assistance request.
8.1 Collection of personal data
Personal data collected on the website www.my-odess.com are the following :
8.1.1 Account creation
During the creation of the Client/user account:
- Last name
- First name
- Date of birth
- Address
- Phone number
- Email address
- Bank details.
8.1.2 Payment
As part of payment for the Services offered on the website www.my-odess.com, this records financial data relating to the bank account or credit card of the Customer / user.
8.2 Recipients of personal data
The personal data is used by the Service Provider and its co-contractors for the performance of the contract and to ensure the efficiency of the service, its implementation, and its delivery.
The category or categories of co-contractor(s) is/are:
- Payment institution providers
The data controller is the Service Provider, within the meaning of the Data Protection Act, and as of May 25, 2018, the Regulation 2016/679 on the protection of personal data.
8.3 Limitation of processing
Unless the Client expressly agrees, their personal data is not used for advertising or marketing purposes.
8.4 Data retention period
The Service Provider will retain the data collected for a period of 5 years, covering the statutory limitation period for contractual civil liability.
8.5 Security and confidentiality
The Service Provider implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.6 Implementation of Clients and Users Rights
- They can update or delete data that concerns them in the following ways:
- They can delete their account by writing to the email address indicated in article 9.3 “Data controller”
- Ils peuvent exercer leur droit d’accès pour connaître les données personnelles les concernant en écrivant à l’adresse indiqué à l’article 9.3 « Responsable de traitement »
- If the personal data held by the Service Provider is inaccurate, they may request an update of the information by writing to the address indicated in article 9.3 “Data Controller”
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller”
- They can also request the portability of data held by the Service Provider to another service provider.
- Finally, they can object to the processing of their data by the Service Provider.
ARTICLE 9 - Intellectual property
The content of the website www.my-odess.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
The entire or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
Article 10 - Applicable Law - Language
The present Terms and Conditions and the transactions arising from them are governed by and subject to French law.
These Terms and Conditions are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of a dispute.
ARTICLE 11 - Disputes
For any complaints, please contact the customer service at the postal or email address of the Provider indicated in ARTICLE 1 of these General Terms and Conditions.
The Client is informed that they can, in any case, resort to conventional mediation, through existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of a dispute.
The Client is also informed that he can also use the Online Dispute Resolution platform.
All disputes arising from the purchase and sale transactions carried out under these GTC, which have not been settled amicably by the seller or through mediation, shall be subject to the competent courts under ordinary law.
