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  • Terms and conditions of sale

General terms and conditions of sale and use

1. About us

The company IMAGIGROUP SARL, with a capital of 5,000.00, headquartered in 19 Avenue du Maréchal Foch, 59300 Valenciennes (France), registered in the VALENCIENNES Trade and Companies Register under the number 844 437 806 00020 represented by Antonin MOY (hereinafter the "Company"). The Company markets the following products to its Customers via its Internet Site:
  • Lingerie plus sizes (nighties, babydolls, bustiers, bodysuits, panties, thongs, kimonos, bathrobes, garter belts, ...
  • Stockings and tights large sizes
  • Corsets, dresses, skirts and coats
  • Shoes, boots and booties
  • Cosmetic products
  • Toys for adults
This list of products is provided for information purposes only and is by no means exhaustive.

2. Preamble

The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "GTC/UGU"). Placing an Order implies acceptance of the GCS/UGU. The characteristics of the Products are indicated on the Website. It is the Customer's responsibility to take this into account before making a purchase. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges having read and accepted them by ticking the appropriate box before placing an online Order.
The CGV/CGU govern the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Internet Site.
They apply to all sales concluded by the Company and prevail over any contradictory document, in particular the Customer's general terms and conditions of purchase.
They are systematically communicated to customers on request.
In the event of subsequent modification of the GCS/GU, the Customer is subject to the version in force at the time of his Order.

3. Definitions

Customer: refers to the Professional or Consumer placing an Order for a Product sold on the Internet Site
Order: refers to any order placed by a User registered on this Site
General Terms and Conditions of Sale and Use or GTC/SGC: refers to the present general terms and conditions of use and online sales
Consumer: refers to the buyer who is a natural person and is not acting for professional purposes and/or outside his or her professional activity
Products: refers to the material things that can be appropriated and that are offered for sale on this Site
Professional: refers to the buyer, whether a legal entity or an individual, who is acting in the course of his or her professional activity
Site: refers to this Site, i.e. https://www.monsieurboudoir.com
Company: refers to company IMAGIGROUP SARL, more fully described in Article I hereof
User: refers to any person who uses the Site

4. Registration

Registration on the Site is open to all legal entities and individuals of full age and legal capacity.
Use of the Site is subject to User registration. Registration is free of charge.
To proceed with registration, the User must fill in all mandatory fields; otherwise registration cannot be completed.
Users guarantee and declare on their honour that all information communicated on the Site, in particular at the time of registration, is accurate and true. They undertake to update their personal information on the page dedicated to such information and available in their account.
All registered Users have a login and password. These are strictly personal and confidential, and may not be communicated to third parties under penalty of deletion of the registered User's account. Each registered User is personally responsible for maintaining the confidentiality of his/her login and password. The Company shall under no circumstances be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible, so that the latter can take the necessary measures and rectify the situation.
Each User, whether a legal entity or an individual, may only have one account on the Site.
In the event of non-compliance with the GCS/GU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.
Account deletion entails the definitive loss of all benefits and services acquired on the Site. However, any Orders placed and invoiced by the Site prior to account deletion will be processed under normal conditions.
In the event of deletion of an account by the Company for breach of the duties and obligations set out in the GTC/GTC, the offending User is formally prohibited from re-registering on the Site directly, via another e-mail address or through an intermediary without the express authorization of the Company.

5. Orders

Orders can only be placed once the User has registered on the Site, or if the User has provided the mandatory information required to create and register an account when finalizing his or her basket. The User may add Products to his virtual basket, whether or not he is logged in to his account. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and complete his Order by pressing the "Validate my basket" button.
The Customer must provide a valid address, delivery method and payment method in order to finalize the Order and effectively form the sales contract between the Customer and the Company. Completion of the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will include a summary of the Order and relevant delivery information. The placing of an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.
The Company may grant the Customer price reductions, discounts and rebates depending on the number of Products available on the Site ordered or the regularity of the Orders, in accordance with the conditions set by the Company.

6. Products and prices

The Products covered by the GCS/GU are those shown on the Site and sold and shipped directly by the Company.
The Products are described on the corresponding page of the Site and all their essential characteristics are mentioned. Sales are subject to availability. The Company cannot be held responsible for stock-outs or for the impossibility of selling a Product that is not in stock.
When a User wishes to purchase a Product sold by the Company via the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (VAT), excluding shipping costs and taking into account applicable discounts in force on the day of the Order. The price indicated does not include delivery costs, which will be detailed, where applicable, in the summary before the Order is placed. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed quotation setting out the price calculation formula.
Under no circumstances may a User demand the application of discounts that are no longer in effect on the date of the Order.

7. Terms of payment

Unless otherwise agreed, all sales are payable in cash when the Order is placed.
Depending on the nature or amount of the Order, the Company remains free to require a deposit or payment of the full price when the Order is placed or when the invoice is received.
Payment can be made by :
  • Bank transfer
  • Credit card via a secure connection
In the event of total or partial non-payment of the Products by the date agreed on the invoice, the Professional Customer shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.

The financing operation selected is the most recent at the date of the Service Order.
In addition to late payment penalties, any sum, including the deposit, not paid on the due date by the Professional Customer will automatically give rise to the payment of a fixed penalty of 40 euros to cover collection costs.
In the event of total or partial non-payment of the Products by the date agreed on the invoice, the Consumer Customer shall pay the Company a late payment penalty equal to the legal interest rate.
No compensation may be made by the Customer between penalties for delay in the supply of Products ordered and sums owed by the Customer to the Company for the purchase of Products offered on the Site.
The penalty due by the Customer, whether Professional or Consumer, is calculated on the amount (including VAT) of the remaining sum due, and runs from the due date of the price without the need for any prior formal notice.

8. Delivery

Products are delivered exclusively in the following geographical areas:
  • Metropolitan France
  • Corsica
  • Overseas
  • European continent
  • North America
  • South America
  • Africa
  • Asia
  • Oceania
The Company undertakes to make every material and human effort to deliver the Products as quickly as possible. Delivery times may vary according to the Customer's geographical area, the delivery method chosen or the Product ordered.
If the 30-day delivery deadline is exceeded, except in cases of force majeure, the Customer may request the cancellation of the contract by registered letter with acknowledgement of receipt, after having requested the Company, by the same means, to make delivery within a reasonable additional period, and if the Company has not complied.if the Company has not complied, the Customer may request termination of the contract by registered letter with acknowledgement of receipt, after having requested the Company, in the same way, to make delivery within a reasonable additional period.
In this case, the Customer will be reimbursed within 30 days if a payment has already been made.
In the event that delivery is impossible due to an error in the address indicated by the Customer, the Company will contact the Customer as soon as possible to obtain a new delivery address, and any additional delivery charges will be borne by the Customer.
Furthermore, the Company cannot be held liable for exceeding delivery deadlines:
  • during periods of high demand, such as the holiday season,
  • for delays caused by force majeure, i.e. the occurrence of an unforeseeable, irresistible event beyond the Company's control,
  • for events attributable exclusively to the carrier in charge of delivery.
Delivery is made according to the Customer's choice and the prices indicated on the Site:
  • to the address indicated by the Customer when placing the Order, by ordinary post.
  • at one of our partner outlets as indicated on the Site.
A valid form of identification will be required to collect the Products. Failing this, the Products ordered will not be delivered to the Customer.

Delivery is made by La Poste according to its current delivery times. The Customer may be delivered :
  • at home, by hand delivery. In the event of absence, delivery to a letterbox or post office. If the customer does not collect the parcel within 10 days, it will be returned to sender.
  • at home by appointment.
  • at one of the 35 Cityssimo parcel centers, 24/7, within 10 days.
  • at the post office of your choice, within 10 days.
  • at one of So Colissimo's partner retailers
  • by UPS according to their delivery times.
  • by DHL according to its current delivery times.

9. Claim

For all Orders placed on the present Site, the Customer has the right to make a complaint within 5 days of delivery of the Product. It is the Customer's responsibility to check the apparent condition of the Products upon delivery. In the absence of express reservations at the time of delivery, the Products are deemed to conform to the Order.
To exercise this right of complaint, the Customer must send the Company, at the address , a declaration in which he expresses his reservations and complaints, accompanied by the relevant supporting documents (delivery slip countersigned by the carrier, photographs, etc.)
A claim that does not comply with the conditions described above cannot be accepted.
The Company will repair, replace or refund the Product or its components as soon as possible and at its own expense, subject to the physical possibility of repairing the Product or its availability in stock.

10. Consumer's right of withdrawal

The Consumer has a right of withdrawal of 15 days from receipt of the Order, except for products mentioned in article L.121-21-8 of the French Consumer Code.
To exercise this right of withdrawal, the Consumer uses the "Withdrawal Form" provided for this purpose on the Site.
Products must be returned in their original packaging and in perfect condition within 5 days of the Consumer's notification of withdrawal to the Company. The direct costs of returning the Products shall be borne by the Consumer.
The Customer will be reimbursed for all costs incurred in placing the Order within 14 days of the Company becoming aware of the Customer's declaration of withdrawal, or within 14 days of receipt of the returned products, whichever is the later.
Refunds will be made by the same means of payment used for purchase.

11. Transfer of risk and ownership

The Company retains ownership of the Products sold until full payment of the price by the Customer. It may therefore repossess the Products in the event of non-payment. In this case, any advance payments made will be retained by the Company as compensation.
For Professional Customers, the transfer of risks to the Customer occurs as soon as the goods are handed over to the carrier by the Company. For Consumer Customers, the transfer of risks takes place upon delivery, or when the goods are collected from the store if the Customer has chosen in-store delivery.

12. Legal warranties

Products sold on the Site are guaranteed in accordance with the legal provisions of the French Consumer Code and the French Civil Code as reproduced below:
Article L.211-4 of the French Consumer Code:
The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.
Article L.211-5 of the French Consumer Code:
To conform to the contract, the goods must :
Be fit for the use ordinarily expected of similar goods and, where applicable :
  • correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model

  • have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling
Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article 1641 of the French Civil Code:
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Any Product resold which has been altered, modified or transformed is not covered by the warranty.
This is limited to the replacement or reimbursement of non-conforming Products or Products affected by a defect. It is excluded in the event of misuse or abnormal use of the Product, as well as in the event that the Product does not comply with the legislation of the country to which it is delivered.
The customer must inform the Company of the existence of any defects within two years. The Company will rectify any Products found to be defective wherever possible. If the Company's liability is accepted, the warranty is limited to the amount paid by the Consumer for the supply of the Products, exclusive of VAT.
Replacement Products do not extend the warranty period.

13. Modifications

The Company reserves the right to modify the Site, the GTC/GTC and any delivery procedure or other component of the services provided by the Company via this Site.
When an Order is placed, the User is subject to the stipulations set forth in the GTC/GTC in effect at the time the Order is placed.

14. Processing of personal data

Registration on the Site entails the processing of the Customer's personal data. If the Customer does not agree to the processing of his/her data, he/she is requested to refrain from using the Site.
This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.
In addition, in accordance with the French Data Protection Act of January 6, 1978, customers have the right to query, access, rectify, modify and object to all their personal data at any time, by writing to the following address, providing proof of identity: privacy@divasboudoir.com
This personal data is required to process the Customer's Order and, where applicable, to issue invoices, as well as to improve the Site's functionalities.

15. Sharing collected data

The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third-party companies may have access to his/her data to ensure the proper operation of the Site.
These third-party companies only have access to the data collected in order to carry out a specific task.
The Site remains responsible for processing this data.
In addition, the User may receive information or commercial offers from the Company or its partners.
The User may at any time object to receiving such commercial offers, by writing to the Company's address given above, or by clicking on the link provided for this purpose within the e-mails received.
In addition, customer information may be passed on to third parties without the customer's express prior consent for the following purposes:
  • comply with the law
  • protect any person from serious bodily harm or death
  • combat fraud or attacks on the Company or its users
  • protect the Company's property rights.

16. Data protection

The Company ensures a level of security that is appropriate and proportionate to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016.
However, these measures in no way constitute a guarantee and do not commit the Company to any obligation of result with regard to data security.

17. Cookies

To enable Users to benefit from optimal browsing of the Site and improved operation of the various interfaces and applications, the Company may install a cookie on the User's computer. This cookie stores information relating to browsing on the Site, as well as any data entered by Users (notably searches, login, email, password).
The User expressly authorizes the Company to place a"cookie" file on the User's hard disk.
The User may block, modify the retention period, or delete this cookie via the browser interface. If the systematic deactivation of cookies on the User's browser prevents him/her from using certain services or functionalities of the Site, this malfunction shall in no way constitute damage for the member, who shall not be entitled to claim any compensation as a result.

18. Responsibility

The Company cannot under any circumstances be held responsible for the temporary or permanent unavailability of the Website, and although it makes every effort to ensure that the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, on a voluntary basis, to make the Site unavailable in order to carry out any updating, improvement or maintenance operation.
As previously mentioned herein, the Company shall in no event be liable for delays in delivery due to causes beyond its control, beyond its control, unforeseeable and irresistible or for which it cannot be held responsible.

19. Intellectual property rights

The trademark, logo and graphic charter of this Site are registered with the INPI and are intellectual works protected by copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation or reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal prosecution.

20. Jurisdiction clause

The law governing the GCS/GUU is French law. Any dispute that may arise between the Company and a User during the performance of the present terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be referred to the competent courts under common law.

21. Acceptance of the GTC/GTC

The Customer or User expressly accepts the GCS/UGU.

The Customer declares that he/she is aware of them and waives the right to invoke any other document, in particular his/her own general terms and conditions of purchase.
The Consumer acknowledges having been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the French Consumer Code, and in particular :
  • the essential characteristics of the product
  • the price of the Products
  • the date or deadline by which the Company undertakes to provide the Service
  • information concerning the identity of the Company (postal, telephone and electronic contact details)
  • information on legal and contractual warranties and how to make use of them
  • the possibility of resorting to conventional mediation in the event of a dispute
  • information on the right of withdrawal (time limit, how to exercise)

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