The method lasts on average 3 to 6 months and must start BEFORE you conceive your baby.
It’s a monthly subscription giving you access to all the MYBUBELLY services

It’s up to you decide to renew each month and we will send you a message to do so.
And you can stop the subscription when you wish.

 

Of course you will be delighted with the baby’s arrival, girl or boy.
But if our method has not worked for you,

we will reimburse you.

 

Article 1: Definitions

Under these General Terms of Subscription, the following terms have the following meanings, whether used in the singular or the plural form:

 

– “Account”: refers to the Subscriber’s account, created as provided under article 5 of the General Terms, accessible from the Website and the Application and allowing the Subscribers to use the Services;

“Application”: refers to the tracking application provided by MYBUBELLY allowing the access to the Services provided by MYBUBELLY (except the Box ordering Service) and available on the Apple Store and Android. The Application includes the infrastructure as well as the content, notably texts, sounds, still or animated images and databases;

– “Box”: refers to both the House Boxes and the Drawer Boxes;

– “Drawer Box”: refers to two kinds of boxes, the “BOY” or the “GIRL” box, containing the Products for the months following the first month of treatment, offered for sale and commercialized on MYBUBELLY’s Website;

– “House Box”: refers to two kinds of boxes, the “BOY” box or the “GIRL” box for the first month treatment, containing the Products, a denim pocket to store and carry the Products and a booklet explaining MYBUBELLY’s method, offered for sale and commercialized on MYBUBELLY’s Website. The House Box can then be used by the Subscribers as a birth box in order to store their baby’s belongings;

– “General Terms”: refers to the present general terms of subscription defining the conditions and modalities of the subscription to the Services;

– “Login Details”: refers to the username or pseudonym chosen by the Subscriber (login), as well as his secret code or password allowing the Subscriber to access his Account;

– “MYBUBELLY”: refers to MYBUBELLY Company, “société par actions simplifiée” (limited liability company) with a capital of 260,000.00 euros, registered in the Paris Registry of Trade and Companies under number 827 691 072, whose head office is located 45, rue de Monceau – 75008 Paris and which edits the Website and the Application, sells the Boxes to the Subscribers and offers the Services;

 

– “Products”: refers to various products and items contained in the House box and the Drawer boxes;

– “Services”: refers to the services provided by MYBUBELLY on the Website and/or the Application in order to allow the Subscribers to naturally help obtain their child’s sex;

– “Smartphone”: refers to smart mobile phones allowing access to applications through the Internet

– “Subscriber”: refers to the natural person meeting the prerequisites defined in article 4, having created an Account on the Website and accessing to the Services for personal purposes and not as a professional;

– “Supplier”: refers to the Products’ suppliers;

– “Tablet”: refers to the touchscreens allowing access to applications through the Internet;

– “Website”: refers to MYBUBELLY’s website, available at the following address: https://www.mybubelly.com, and from which the Subscribers can subscribe and access to the Services and buy the Boxes. The Website includes the infrastructure as well as the content, notably the texts, sounds, still or animated images, videos and databases.

 

Article 2: Purpose – Opposability

The General Terms are intended to define the terms and conditions of subscription to the Services provided by MYBUBELLY by the Subscribers.

The General Terms are systematically disclosed to the Subscribers to enable them to subscribe. They apply exclusively to all subscription applications accepted by MYBUBELLY and prevail over any other terms, except the ones explicitly accepted by MYBUBELLY. Therefore, MYBUBELLY will not be engaged by any other terms, unless upon MYBUBELLY’s written confirmation.

IMPORTANT: NOTE TO THE SUBSCRIBERS

 

ANY SUBSCRIPTION TO THE SERVICES PROVIDED BY MYBUBELLY IMPLIES THE SUBSCRIBER’S EXPRESS, PRIOR AND FULL ACCEPTANCE OF THE GENERAL TERMS. BY TICKING THE BOX: “I have read and I accept the general terms of subscription” AND BY ACCEPTING THEM WHEN SUBSCRIBING, THE SUBSCRIBER ACKNOLEDGES THAT HE IS BOUND BY ALL THE GENERAL TERMS.

 

MYBUBELLY reserves the right to alter, at any time, the General Terms, notably in order to take into account any legal, case-law, editorial, functional and/or technical evolution. The prevailing version is the one accessible online on the day the subscription is confirmed. Any subscription made by the Subscriber after the publication of altered General Terms, shall be understood as his acceptance of the new General Terms.

 

Article 3: Offers

3.1- Subscription to the Services offer

Subscribing allows the Subscriber to access to the Services provided by MYBUBELLY until the Subscriber decides to terminate the offer.

The information regarding the Services provided by MYBUBELLY, of any nature whatsoever, provided by VISIOMED, are the ones featured on the Website and/or the Application on the day the subscription is made.

The subscription offers are available as long as they are accessible on the Website and/or the Application.

As the Services may need to evolve, MYBUBELLY reserves the right to change the subscription offers’ specifications, characteristics and content, for any reason whatsoever or to remove one of its Services from its subscription offers.

 

These modifications and/or removals may occur at any time, without notice, including after the Subscriber’s subscription if these changes result from the application of any norm, text, regulation and/or if any problem in relation with the Services, notably technical, occurs. If so, the Subscriber shall be informed by MYBUBELLY and shall terminate the subscription.

 

Finally, MYBUBELLY reserves the right to improve the subscription offers content or to correct any mistake or omission.

 

3.2- Box order offer

Among its Services, MYBUBELLY offers the Subscribers to order Boxes from the Website.

The Boxes offered by MYBUBELLY are the ones featured on the Website on the day of the subscription.

The information about the Boxes are provided by MYBUBELLY via its marketing materials and/or are displayed on the Website and the Application.

MYBUBELLY tries its best so that the graphical representation of the Boxes and the Products is as faithful as possible. However, the Subscriber’s perception of the photographic representation may not strictly correspond to the reality. If so, MYBUBELLY shall not be held liable, as these graphical representations have no contractual value.

The offers of Box orders are available worldwide, subject to their availability when the order is received.

The availability of the Boxes may rapidly vary depending on the sales. Therefore, MYBUBELLY makes its best efforts to regularly update the information on availability. As a consequence, MYBUBELLY shall not be held liable for any failure to update the information in relation with the stock.

If no House Box is available after an order is made, MYBUBELLY will inform the Subscriber through an email and will tell him that he will receive a Drawer box instead, with a denim pocket to store and carry the Products, and a booklet explaining MYBUBELLY’s method. The House Box will be sent the second month, along with the Products (without the denim pocket and the booklet explaining MYBUBELLY’s method).

MYBUBELLY reserves the right to change the Products and/or the Boxes, notably depending on constraints in relation with the Suppliers, without prejudice of the orders made by the Subscriber.

Furthermore, as the Products and/or the Boxes may need to evolve, MYBUBELLY reserves the right to change the specifications, characteristics and content of the Products and/or the Boxes, if these changes result from the application of any norm, text or regulation applicable to the Products and/or the Boxes. These modifications and/or removal shall occur at any time, without notice, including after the Subscriber’s order is made. In such a situation, MYBUBELLY will inform the Subscriber by any means. The Subscriber shall then ask for a refund.

 

 

Article 4: Prerequisites

WARNING: NOTE TO THE SUBSCRIBERS

The Boxes and/or Services provided by MYBUBELLY may not be adapted to certain individuals, particularly to individuals suffering from specific conditions.

In cases of doubt, it is necessary to consult a doctor prior to subscribing and/or passing an order.

 

4.1- In order to subscribe to the Services provided by MYBUBELLY, the Subscribers must:

Own a Smartphone and/or a Tablet connected to the Internet;
Access the Website;
Create an Account in accordance with the modalities provided under article 5 of the General Terms.
 

4.2- The Subscribers ensure having full legal capacity to subscribe, and notably:

Being over the age of legal majority;
Being physically and psychologically healthy. In case of doubt, the Subscribers are invited to consult their doctor prior to subscribing and ordering;
Not being pregnant and not suffering from diabetes, heart failure, renal failure and/or more generally, any pathology requiring a specific diet;
Not being MYBUBELLY’s rival and/or not subscribing and ordering the Boxes in order to compete with MYBUBELLY fraudulently or in a way harming MYBUBELLY’s interests;
Being legally capable and having full command of their intellectual or cognitive faculties (and notably not being in a state of dependency, under tutelage and/or under protection of vulnerable adults…);
Not using the Services and/or the Boxes for professional and/or commercial purposes, and notably in order to unlawfully practice medicine.
 

4.3- MYBUBELLY shall not be deemed responsible in the case the subscription is made by an individual not meeting the provisions provided under articles 4.1 and 4.2 of the General Terms.

 

Article 5: Account creation

5.1- Prior to subscribing, the Subscriber must choose between the “GIRL” and the “BOY” methods.

Then, the Subscriber must create an Account.

To this end, he must click on “Create my Account”, read the prior information about the method, fill the online subscription form and click on “I subscribe”.

The Subscriber commits to provide true, exact, updated and complete information about his identity, in compliance with article 6-II of the French Law Confidence in the Digital Economy Act, n°2004-575, dated on June 24th, 2004. He notably commits not to create a fake identity in order to mislead MYBUBELLY or any third party, and not to usurp the identity of another legal entity or physical person and to immediately update the submitted data in the event of a change.

The Subscriber then receives an email confirming that the Account has been created, as well as explanations about the Services and the Boxes.

 

5.2- In the case where the Subscriber would provide false, wrong, incorrect, outdated, incomplete, misleading or deceiving information, MYBUBELLY is allowed, immediately and without notice nor indemnity, to suspend or terminate his Account and deny him, temporarily or definitively, access to the Website and/or the Application and/or to the Services. Moreover, MYBUBELLY’s liability shall not be sought in case of non-performance or partial performance of the Services, in relation to the provision of such information.

 

5.3- The Subscriber can access to his Account with his Login Details, which are put under his sole responsibility. The Subscriber commits to keep them secret and not to disclose them in any form whatsoever. If an element of the Login Details is lost or stolen, he must immediately inform MYBUBELLY, which will then cancel and/or update the Login Detail in question.

Keeping the password secret comes under the Subscriber’s responsibility. To that extent, the Subscriber shall make sure that, after each session, he actually logs off the Website and/or the Application, especially when he accesses the Website from a public computer.

5.4- In the situation where he loses his password, the Subscriber can ask for a new password through his Account, by clicking on “Forgotten password”.

5.5- Whenever he deems it necessary, the Subscriber can choose to deactivate his Account according to the modalities provided under article 14 of the General Terms.

 

 

Article 6: Subscription

6.1- The Subscribers willing to subscribe guarantee that they act for personal purposes, on their behalf and are authorized to use means of payment and that these means of payment give access to sufficient funds to cover the costs resulting from the subscription.

MYBUBELLY reserves the right to deny the subscriptions to the Subscribers (i) if the Services are unavailable, (ii) if there is a disagreement between the Subscriber and MYBUBELLY regarding a previous subscription and/or the payment of invoices from MYBUBELLY, (iii) if the Subscriber has an activity competing with MYBUBELLY’s and/or if he subscribed in order to develop an activity competing with MYBUBELLY’s.

In order to subscribe from the Website, the Subscribers must first create an Account according to the conditions defined in article 5 of the General Term.


6.2- Subscribing

MYBUBELLY reminds the Subscribers that it is recommended to use the Services for at least three (3) months.

Subscribing gives the Subscriber access to the Services provided by MYBUBELLY until he decides to put an end to it, according to the modalities provided under article 13.2 of the General Terms.

In order to subscribe, the Subscribers must select the tab “xxxxx”.

 

The Subscribers can then:

– Pursue the confirmation of their subscription by clicking on the tab “xxxxx”;
– Confirm their subscription by clicking on the tab “xxxxx”.

The subscription detail is then displayed.

To confirm the subscription, the Subscriber is invited to click on the link “xxxxx”.

A summary including the details of the subscription to the Services and the Boxes’ shipping address is then made.

Then, the Subscriber must choose a mean of payment and proceed with the payment according to the modalities provided under article 8 of the General Terms.

 

The subscription becomes definitive only from the receipt and collection by MYBUBELLY of the payment made by the Subscribers, according to the modalities provided under article 8 of the General Terms.

When subscribing is made, MYBUBELLY automatically sends an email to the address provided by the Subscriber when creating his Account, confirming his subscription.

 

Article 7: Financial terms

The Subscribers are informed that the subscription to the Services is charged.

The price is the one indicated on the Website on the day the subscription was made, including all taxes (notably the “éco-participation” tax) and the shipping costs for the Boxes delivery in Metropolitan France, Monaco and Corsica, as well as other countries, depending on the chosen delivery mode.

For other countries, the Subscribers are informed that they bear the shipping costs, that vary depending on the delivery mode chosen by the Subscriber, on the weight of the Box and on the delivery address.

The shipping costs are featured in the [TO BE COMPLETED] section of the Website. They are then detailed in the summary before the Subscriber confirms his subscription.

Besides, for deliveries made outside the European Union, the Subscribers are informed that they bear the potential custom duties.

Any change of the applicable rate may have an impact on the price after the start date of the new applicable rate. If so, MYBUBELLY will inform the Subscribers.

As the pricing of MYBUBELLY’s Suppliers evolve continuously, MYBUBELLY reserves the right to change the prices featured on the Website at any time. If so, the Services will be charged to the Subscriber at the price in force when subscribing.

The prices may also vary for commercial reasons (launching price, promotions or sales).

 

Article 8: Payment

 

8.1- Means of payment
The subscription is payable:

By bank or credit card (blue card, Visa card, Eurocard, Mastercard, American Express). The Subscriber’s credit card number and expiry date are entered on the scripted server, providing the data security and confidentiality.
 

MYBUBELLY shall not be held responsible if the means of payment are used fraudulently.

Within [xxx] days after receipt of the subscription application, a debit request will be sent to the paying agency. The subscription will be concluded when the paying agency’s authorization of debit of the account is received.

Electron, Maestro, e-cards and prepaid cards are not accepted.

 

By using the services of Paypal available on the Website. If so, this mean of payment cannot be cumulated with another mean of payment.
 

8.2- Invoice

Invoices are sent via email to the address provided by the Subscriber when creating his Account.

 

8.3- Payment

If the payment is made by bank or credit card, the defined sum will be collected from the Subscriber’s bank account each month, between the sixteenth (16th) and twentieth (20th) day from the subscription anniversary date, until he unsubscribes according to the conditions provided under article 13.2 of the General Terms.

If the payment is made via PayPal, the Subscriber shall use PayPal’s “Recurring payments and subscriptions” function, in order to indicate the billing cycle (namely monthly) and the price to be paid. The direct debit happens monthly at the time determined by the Subscriber.

 

8.4- Default of payment / Late payment

If a debit is denied by the bank or if another mean of payment is denied, the subscription shall not be final and the Subscriber shall contact MYBUBELLY’s Subscriber service in order to pay his subscription by any other mean of payment.

 

Besides, if so, MYBUBELLY reserves the right to cancel the subscription without engaging its responsibility.

 

8.5- Reservation of ownership

MYBUBELLY RESERVES OWNERSHIP OF THE DELIVERED BOXES AND PRODUCTS UNTIL THE SUBSCRIPTION PRICE IS ACTUALLY CASHED IN PRINCIPAL, INTEREST AND INCIDENTAL AMOUNTS, IN THE CONDITIONS PROVIDED UNDER ARTICLE 2367 TO 2372 OF THE FRENCH CIVIL CODE. UNDER THE TERMS OF THIS CLAUSE, THE ISSUE OF A DOCUMENT CREATING AN OBLIGATION TO PAY IS NOT TO BE CONSIDERED AS A PAYMENT. DEFAULT OF PAYMENT ON ANY DUE DATE WHATSOEVER OR OF PART OF THE PRICE MAY ENTAIL A CLAIM FOR THE RETURN OF THE BOXES AND/OR THE PRODUCTS SOLD WITHOUT ANY PRIOR OFFICIAL NOTIFICATION. THE ABOVE PROVISIONS DO NOT EXCLUDE, FROM THE BOXES AND/OR PRODUCTS DELIVERY, TRANSFER TO THE SUBSCRIBER OF THE RISKS OF LOSS AND/OR DETERIORATION OF THE BOXES AND/OR THE SOLD GOODS, AS WELL AS THE DAMAGES THEY MAY CAUSE. THE SUBSCRIBER COMMITS TO IMMEDIATELY INFORM MYBUBELLY OF ANY FACT DEPRIVING HIM OF THE DISPOSITION OF THE BOXES AND/OR THE GOODS IN THEIR ENTIRETY; FAILURE TO DO SO CAN GIVE RISE TO PERSONAL LIABILITY.

 

Article 9: Services provision / Boxes delivery

9.1- Service provision

The Services are at the Subscribers’ disposal on the Website and/or the Application via their Account as soon as their subscription payment is confirmed and after expiry of a revocation period and/or renunciation to their revocation right according to the modalities provided under article 10.

 

9.2- Boxes delivery

The Boxes ordered by the Subscriber are delivered according to the chosen delivery method and to the address provided when ordering.

MYBUBELLY shall not be held liable for delivery failures and/or delays resulting from a wrong address provided by the Subscriber.

 

9.2.1- Delivery methods

MYBUBELLY offers various delivery methods and various carriers indicated in the Website “Delivery” section.

MYBUBELLY reminds the Subscribers that:

The shipping address provided when ordering (which can differ from the billing address) must be correct and mention all the details required for the delivery;
For an appointment delivery and/or at a holiday location, when ordering, the Subscriber must clearly provide a land line and/or mobile phone number, where he is easily reachable;
The Subscriber will bear the cost of any new delivery caused by a mistake in relation with the delivery information such as (the shipping address, the delivery location, the accessibility of the location, the phone number used to make the appointment) and/or if the Subscriber misses the appointment. Besides, if so, MYBUBELLY reserves the right to cancel the order.
 

9.2.2- Delivery time of the Boxes

In order to know the delivery delay, which depend on the chosen mode of transport, the Subscriber can check the section [TO BE COMPLETED] of the Website and the Application.

The delivery time is reminded to the Subscriber when the order is finalized and in the confirmation email sent to him.

Whatever the mean of payment chosen, the delivery time starts running from the day the order is confirmed.

 

9.2.3- Delays – Default of delivery of the Boxes

 

If the delivery of the Boxes is delayed (which, at all events, shall happen within thirty (30) days after the order), the Subscriber is invited to inform MYBUBELLY via an email sent to the following address: contact@mybubelly.com.

Besides, if the Boxes are delivered later than the stipulated time limit, and as provided under article L.216-3 of the French Consumer Code:

– If the delivery time was, to the Subscriber, when the order was made, an essential condition resulting from the surrounding circumstances or an express requirement from the Subscriber before subscribing, he shall terminate the subscription;

– In any other case, the Subscriber can order MYBUBELLY to execute his request in a reasonable additional period, notably through an email with acknowledgement of receipt and reading to the following address: contact@mybubelly.com.

If MYBUBELLY still has performed during the reasonable additional period granted by the Subscriber to deliver the Boxes, the Subscriber can inform MYBUBELLY (according to the same modalities than the ones implemented to grant a reasonable period) that he wants to dissolve his subscription.

The subscription will then be deemed dissolved upon MYBUBELLY’s receipt of a letter or the writing informing it of this dissolution, unless MYBUBELLY has performed in the meantime.

If the Subscriber receives the Boxes after he applied for a cancellation, he shall refuse them by mentioning “refused for delay cancellation”.

MYBUBELLY will then proceed to reimburse the subscription and the return cost if necessary, no later than fourteen (14) days after the Subscriber cancelled his subscription.

If the delivery and/or the availability is delayed as the result of force majeure within the meaning of the French courts’ case-law, MYBUBELLY shall inform the Subscriber via an email that his cancellation application cannot succeed.

 

9.2.4- Packaging of the Boxes

The Boxes are packaged so as to meet the transportation standards in force, and to ensure an optimum protection of the Boxes and the Products during the delivery. The Subscriber is advised to respect these standards if he returns a Box following his subscription cancellation.

 

9.2.5- Control of the Boxes

Each delivery is considered to have been made as soon as the Box is made available to the Subscriber, notably by the carrier, materialized by the control system used by the carrier.

It relies on the Subscriber to check the shipment and to make any reserves and complaints that can be justified, or even to refuse the package if it appears that it may have been opened or if it shows obvious traces of deterioration.

The said reserves and complaints must be addressed to MYBUBELLY via an email to the following address: contact@mybubelly.com within three (3) working days following the Box’s delivery.

In this writing, the Subscriber shall provide any justification as for the reality of the noticed dysfunctions.

If noncompliance is proven and if MYBUBELLY agrees to take the Box back, the same Box will be shipped by MYBUBELLY, subject to availability. If not, the Subscriber will be able to ask for his subscription to be cancelled and to be refunded.

The Subscriber is expressly informed that if the Box and/or the Products do not comply with the requirements, the latter shall be returned, subject to their good condition (along with their accessories, instructions…) in their original box and adequately protected.

The Subscriber is advised to return the Box and/or the Products by a mean of transportation offering similar guarantees to those offered for the initial shipment.

 

 

Article 10: Withdrawal right

Pursuant to article L.221-18 of the French Consumer Code, the Subscriber has a withdrawal period of fourteen (14) clear days running from the subscription and the subscription payment, to cancel his subscription without having to give any reasons or incurring penalties.

 

10.1- The Subscriber’s withdrawal period shall run from the Subscriber’s subscription payment.

 

10.2- The application for withdrawal shall be made in an email addressed to MYBUBELLY at the following address: contact@mybubelly.com or from a withdrawal form downloadable in the [TO BE COMPLETED] section of the Website and/or the Application.

MYBUBELLY will send the Subscriber an acknowledgement receipt of the application for withdrawal.

 

10.3- MYBUBELLY shall proceed, towards the Subscriber who has paid, to reimburse the subscription to the Services for which the withdrawal right was carried out, no later than fourteen (14) days after the day the Subscriber informed MYBUBELLY that he wanted to withdraw.

The refund shall be made according to the mean of payment chosen by the Subscriber when he orders, unless he expressly allows another mean of payment to be used.

 

10.4- However, if the Subscriber wishes to use the Services from the day he subscribed, he can waive his withdrawal right by sending his application to the following address: contact@mybubelly.com or by checking the case “I waive my withdrawal right” when confirming his subscription.

Beyond fourteen (14) days, any order is considered to be firm and definitive.

Indeed, the order is considered to be made after the expiry of the withdrawal period and upon receipt of the Subscriber’s order confirmation.

 

 

Article 11: Guarantees

 

11.1- MYBUBELLY reminds the Subscribers that it is responsible for the conformity of the Boxes and is therefore liable for any defects of conformity of the Boxes, in accordance with article L.217-4 of the French Consumer Code (reproduced in annex 1) and for any hidden defects, in accordance with articles 1641 et seq. of the French Civil Code (reproduced in annex 1).

If the Subscriber has any requests in relation with the conformity of the Boxes, he may address them to MYBUBELLY via an email to the following address: contact@mybubelly.com.

When acting on the basis of legal guarantee of conformity, MYBUBELLY informs the Subscriber that:

– He has a period of two (2) years to act, from the Box delivery;

– He can choose between the replacement and the reparation of the Box, subject to the fact that this choice shall not involve a manifestly disproportionate cost, taking into account the value of the Box and/or the Products or the importance of the defect. If that is the case, MYBUBELLY shall choose the modality that was not selected by the Subscriber;

– He does not have to prove the existence of the lack of conformity of the Box for six (6) months following the delivery of second-hand goods, and for twenty-four (24) months following the delivery of other goods;

– He can choose to implement the guarantee for hidden defects of the item sold under article 1641 of the French Civil Code. If so, he can opt between the cancellation of the sale and a reduction of the price.

This legal guarantee applies irrespective of the contractual guarantees eventually granted.
 

11.2- MYBUBELLY does not contract any particular or specific guarantee for the Boxes and the Products and its obligations are limited to selling and delivering the Products and the Boxes in compliance with the applicable rules in force in this area, excluding any implementation, which is the Subscriber’s personal business.

Are notably excluded from the guarantees provided by MYBUBELLY:

– Any guarantee regarding the Boxes and/or Products matches with the Subscriber’s needs;

– The defect and/or the damages of the Boxes and/or Products resulting from a lack of surveillance of the Boxes and/or the Products and, generally, of any handling of the Boxes and/or the Products not in accordance with MYBUBELLY’s and/or the Suppliers’ instructions and/or the non-compliance with the applicable norms;

– The defect of the Boxes and/or the Products resulting from a cause independent from MYBUBELLY;

– The damages due to force majeure or due to unforeseeable circumstances or due to natural causes;

– The abnormal use of the Boxes and/or the Products or their use in conditions unsuitable for their intended use;

– The damages resulting from the storage and/or storage conditions not in conformity with MYBUBELLY’s and/or the Suppliers’ prescriptions and/or the nature of the Boxes and/or the Products.

11.3- Regarding the dietary supplements, MYBUBELLY guarantees their conformity with the French regulation.

 

 

Article 12: Liability action

 

The Boxes and the Products comply with the legislation in force in France and to the norms applicable in the European Union.

Therefore, MYBUBELLY shall not be held liable for the infringement of the law and regulation provisions in force in the countries where the Boxes and/or the Products are delivered and/or used, out of the European Union.

The Subscriber is expressly informed that MYBUBELLY does not produce the Boxes and/or the Products, under the L. 98-389 Act from May 19th, 1988 on liability for defective products.  In addition, in case of damages caused to an individual or to a good because of the defect of the Box and/or the Product, the Supplier’s sole responsibility may be sought by the Subscriber.

Due to the nature of the Boxes and of the Products, the Subscriber commits to strictly respect the conditions of use of the Boxes and the Products, as they are featured in the documents (notably the instructions for use) provided by MYBUBELLY and/or the Supplier.

The Subscriber is sole responsible for the use of the Boxes and/or the Products provided in the Boxes by MYBUBELLY and of the accordance with their purpose. Consequently, and under no circumstances, MYBUBELLY shall not be held liable for any kind of damages resulting from an improper use of the Boxes and/or the Products.

MYBUBELLY’s liability shall, in any case, be limited to the amount of the order and shall not be involved in case of a mistake or omission which might have remained despite of all the precautions made in the presentation of the Boxes and/or the Products.

 

Article 13: Duration and termination of the subscription to the services provided by MYBUBELLY

 

13.1- Duration

The subscription to the Services offered by MYBUBELLY is of unspecified duration, subject to termination by the Subscriber, according to the modalities provided below.

 

13.2- Termination

13.2.1- The Subscribers can unsubscribe each month no later than fifteen (15) calendar days before their subscription’s anniversary date.

In this respect, MYBUBELLY shall send an automatic email each month to the Subscriber, reminding him of his termination right.

Unsubscribing can be made directly on the Website and/or the Application via the Subscriber’s Account, or via an email sent to the following address: contact@mybubelly.com.

 

13.2.2- If the termination happens after the pre-authorized debit or less than fifteen (15) calendar days before the subscription anniversary date, the subscription shall go on for the next month. The subscription cancellation shall be effective the next month.

 

13.2.3- The subscription cancellation may also result from MYBUBELLY’s decision, in case of non-payment and/or disrespect of the prerequisites defined under article 4 of the General Terms. When necessary, MYBUBELLY shall terminate the subscription without notice and without any liability.

 

Article 14: Account deactivation

 

14.1- The Subscriber’s Account remains active as long as:

– the Subscriber is registered on the Website and/or the Application;

– the Subscriber pays the subscription to the Services provided by MYBUBELLY.

As soon as the Subscriber stops paying the subscription, access to the Account is deactivated.

 

14.2- The Subscriber can interrupt, for no reason, at any time, his Account on the Website and/or the Application.

To do so, the Subscriber must send an email to the following address: contact@mybubelly.com asking for his Account to be deactivated. A copy of an official identification document can be requested in order to prevent the risk of identity theft.

 

14.3- The unsubscribing and/or the Account deletion is definitive, the Account being deleted irreversibly, the personal data being automatically deleted and irrecoverable.

The unsubscribing and/or the Account deletion do not prevent the Subscribers of subscribing again and creating a new Account.

 

14.4- In case the Subscriber fails to respect the obligations resulting from the acceptance of the General Terms, in case of payment incident, if the information provided when creating the Account are incorrect, or in case of actions likely to harm MYBUBELLY’s interests, the latter reserves the right to suspend the access to the Website, the Application and/or the Services without notice, or, depending on the seriousness of the acts committed, to delete the Subscriber’s Account without the possibility for him to claim any damages.

 

Article 15: Access to and accessibility of the Website and the Application

 

The Website and the Application are accessible seven (7) days a week, twenty-four (24) hours a day.

 

However, due to the nature of the Internet, MYBUBELLY does not guaranty a seven (7) days a week, twenty-four (24) hours a day function and access to the Website and/or the Application.

 

MYBUBELLY reserves the right to cease operating the Website and/or the Application at any time, with or without notice, notably in order to ensure their corrective or scalable maintenance, or in order to develop their contents or presentation and/or for any other legitimate reason. To the extent possible, MYBUBELLY will inform the Subscribers before such a corrective or scalable maintenance.

 

Additionally, the Subscribers acknowledge that the Website and/or the Application can be interrupted due to reasons beyond MYBUBELLY’s control and that MYBUBELLY cannot guaranty an ongoing access to the Website and/or the Application.

 

In any case, MYBUBELLY shall not be deemed liable for any interruption and/or dysfunction of the Website and/or the Application, whatever their cause.

 

The Subscribers are invited to inform MYBUBELLY of any technical difficulty met while navigating and/or using the Website and/or the Application, by describing their problem to the following email address: contact@mybubelly.com.

 

 

Article 16: Personal data

In accordance with the January 6th, 1978 Act, that pertains information technology, referred to as the “Information Technology and Civil Liberties Act”, n°78-17, the Subscriber is informed that MYBUBELLY proceeds to an automated personal data treatment, in order to process and manage the business relationships and the subscriptions.

This data can be disclosed to subsidiaries and/or companies controlled by MYBUBELLY, as well as subcontractors contributing to the relations between these companies for their management, execution, treatment and payment.

Each Subscriber has the right to access to, communicate and rectify his personal data, as well as a right to oppose for legitimate reasons. To that end, the Subscriber must send an email to the support service to the following address: contact@mybubelly.com. Subscribers are reminded that, regarding the rectification and update of their Account’s data, they can directly proceed via their Account.

 

For more details, the Subscriber is invited to read on the “Privacy policy” section, available on the Website and/or the Application.

 

Article 17: Intellectual property

17.1- Certain items (notably texts, illustrations, studies and videos) displayed on the Website and the Application are protected under intellectual property laws and, in particular, copyright, and are the exclusive property of MYBUBELLY.

Likewise, the trademarks, logos, charts and animated contents on the Website and the Application are the exclusive property of MYBUBELLY.

17.2- MYBUBELLY personally grants the Subscribers the non-exclusive, non-transferable, free, right to use the Website, the Application and any associated software, being stated that they are forbidden to – directly or indirectly – copy, modify, create a derivative work, reverse, engineer, disassemble or otherwise attempt to locate the source code (except as provided for by law), sell, attribute, sub contract, transfer in whichever way the rights attached to the Website, the Application and the associated software.

 

The Subscribers commit to not modify in any way the Website, the Application and the associated software and/or not to use an altered version of the latter and, including (but not limited to) in order to get a non-authorized access to the Website and/or the Application. In particular, the Subscribers accept not to access to the Products and Boxes sales by any other mean than the Website or the Application.

 

The Subscribers are informed and acknowledge that the Website, the Application and any related software may contain private or copyrighted information, protected by the applicable law. The Subscribers commit not to modify, rent, borrow, spread this content or create derivative work incorporating all or part of this content, unless being granted a prior written express authorization by MYBUBELLY.

 

The Website and the Application contain texts and images that are the exclusive property of MYBUBELLY (hereafter, “Intellectual Property Items”). The Intellectual Property Items are made available to the Subscriber, for free, only for the use of the Website and the Application and as part of a normal use of their functionalities.

 

The present authorization to use the Intellectual Property Items is made personally, non-exclusively and non-transferable. MYBUBELLY can revoke the present authorization to use the Intellectual Property Items at any time.

 

The Subscribers are forbidden – directly or indirectly – to copy, modify, create a derivative work, reverse, engineer, disassemble or otherwise attempt to locate the source code (except as provided for by law), sell, attribute, sub contract, transfer in whichever way the rights attached to the Intellectual Property items. The Subscribers commits not to modify in any way whatsoever the Intellectual Property Items.

 

In case of a non-conform or abusive use of the Intellectual Property Items, MYBUBELLY reserves the right to bring a legal action in order to put an end to the violation of its intellectual property rights and to unsubscribe and/or deactivate the Subscribers’ Accounts in the conditions provided under article 14 above.

 

 

Article 18: Proofs

 

The files, date and messages recorded in MYBUBELLY’s computer systems will be admitted as proof of acts and facts that took place between MYBUBELLY and the Subscribers.

 

The preservation of records shall be presumed to have taken place under reasonable conditions of security, unless proved otherwise, if the messages, data and other files are systematically saved on a reliable and durable support.

 

 

Article 19: Applicable law – Litigation

 

The General Terms as well as the sales made on the Website are subject to French law.

 

For any difficulty and/or question about the subscription, the Subscribers are invited to contact the customer service in order to attempt to find an amicable solution to the dispute, via an email sent to the following address: contact@mybubelly.com.

 

In accordance with the provisions of article L.211-3 of the French Consumer Code, the Subscriber is informed that any dispute arising between him and MYBUBELLY in relation with the validity, the interpretation, the performance or the non-performance, the interruption or the termination of the rights and obligations of the General Terms and/or the subscription contract and/or the sales, shall, after prior written approach from the Subscriber towards MYBUBELLY that has not succeeded, be submitted to consumer mediation.

 

The parties remain free to accept or refuse the use of consumer mediation. Besides, the solution that might be suggested by the consumer mediator shall not be binding on the parties, who can waive it.

 

It is suggested to have recourse to the following mediator: Médiateur de la Fédération de e-commerce et de la vente à distance (FEVAD) (60, rue La Boétie – 75008 Paris; http://fevad.com/).

 

 

ANNEXES

LEGAL PROVISIONS

 

Withdrawal right

Article L.221-18 of the French Consumer Code
 

“The consumer has a period of fourteen days to exercise his right to withdraw from a contract concluded at a distance, following a telephone or off-site solicitation, without having to justify his decision or to bear other costs than those provided for in articles L. 221-23 to L. 221-25.

The period referred to in the first subparagraph shall run from the day onwards:

1° From the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;

2° On receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded outside premises, the consumer may exercise his right of withdrawal from the conclusion of the contract. In the case of an order for several goods delivered separately or in the case of an order for goods consisting of lots or multiple parts whose delivery is staggered over a defined period, the period runs from receipt the last property or lot or the last part.

For contracts providing for the regular delivery of goods for a defined period, the period shall run from the receipt of the first item of property.”

 

Article L.242-3 of the French Consumer Code
 

“Any clause by which the consumer abandons his right of withdrawal as defined in Article L. 221-18 is void.”

 

Article L.221-28 of the French Consumer Code
 

“The withdrawal right cannot be exercised for contracts that:

1° supply services fully executed before the end of the withdrawal period, the execution of which has begun after the consumer has expressly agreed and expressly renounces his right of withdrawal;

2° supply goods or services, the price of which depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;

3° Supply of goods made according to consumer specifications or clearly personalized;

4° supply goods liable to deteriorate or to perish rapidly; 5 ° Provision of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° supply goods which, after having been delivered and by their nature, are inseparably mixed with other articles;

7° supply alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

8° Supply maintenance or repair work to be performed urgently at the consumer’s home and expressly requested by him, within the limits of the spare parts and work strictly necessary to respond to the emergency; 

9° provision audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° supply a newspaper, periodical or magazine, except for contracts for subscribing to such publications;

11° are concluded at a public auction;

12° Provision accommodation services, other than residential accommodation, services for the transport of goods, car rentals, restaurants or leisure activities that must be provided at a specified time or date;

13° supply digital content not provided on a physical medium whose execution has begun after express prior agreement of the consumer and expressly renounces his right of withdrawal.”

 

 

Legal guarantee of conformity

 

Article L.217-4 of the French Consumer Code
 

“The seller delivers goods in conformity with the contract and is liable for defects of conformity existing at the time of issue.

It shall also be liable for defects in conformity resulting from the packaging, installation instructions or installation where this has been charged to it by the contract or has been carried out under its responsibility.”

 

Article L.217-5 of the French Consumer Code
 

“The good is in compliance with the contract:

1° If it is suitable for the customary use of a similar good and, where applicable:

– it corresponds to the description given by the seller and possesses the qualities which he has presented to the purchaser in the form of a sample or a model;

– if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is specific to any special purpose sought by the buyer, brought to the knowledge of the seller and that the latter has accepted.”

 

Article L.217-12 of the French Consumer Code
 

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

 

Article L.217-16 of the French Consumer Code
 

“When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable property, to repair the warranty, at least seven days in addition to the remaining warranty period.

This period shall run from the buyer’s request to intervene or the making available for repair of the goods in question, if the supply is subsequent to the request for intervention.”

 

 

Guarantee of the hidden defects

 

Article 1641 of the French Civil Code
 

“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”

 

Article 1648, 1st paragraph, of the French Civil Code
 

“An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.”