GENERAL TERMS OF USE OF THE SERVICES PROVIDED BY MYBUBELLY APPLICABLE FROM OCTOBER 04th, 2018

 

Preamble

 

The services provided by MYBUBELLY allow the users to benefit from a coaching to naturally increase their chances of having a female or a male child.

 

The access and use of the services provided by MYBUBELLY are subject to the present general terms of use and imply the users’ express, prior and full acceptance of the latter and of MYBUBELLY’s privacy policy.

 

MYBUBELLY recommends to its users to save a printed copy of the general terms of use applicable while using the services, for their personal archives.

 

ATTENTION: NOTE TO THE USERS

 

The services provided by MYBUBELLY may not be adapted to certain individuals, particularly to individuals suffering from specific conditions.

 

In case of doubt, it is necessary to consult a doctor prior to using the services.

 

Furthermore, MYBUBELLY urge and recommends to consult a doctor if Services are used for more than seven (7) consecutive months.

 

 

Article 1: Definitions

 

Under these general terms of sse, the following terms have the following meanings, whether used in the singular or the plural form:

 

  • Account”: refers to the User’s account, created as provided under article 6 of the General Terms of Use, accessible from the Website and the Application and allowing the Users to access and use the Services;

 

  • Application”: refers to the tracking application provided by MYBUBELLY allowing the access to the Services and available on the Apple Store and Android, only in French and in English. The Application includes the infrastructure as well as the content, notably texts, sounds, still or animated images and databases;

 

  • Box”: refers to both the Home Boxes and the Drawer Boxes;

 

  • Dietary Supplements”: refers to the dietary supplements included in the Boxes, namely:
    • in the “GIRL” Boxes, the three (3) following dietary supplements:
      • folic acid and vitamin D3;
      • calcium;
      • magnesium and vitamin B6;
    • in the “BOY” Boxes, the three (3) following dietary supplements:
      • folic acid and vitamin D3;
      • potassium;
      • sodium;

 

 

  • 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, proposed by MYBUBELLY as part of the Services’ subscription;

 

  • Home Box”: refers to two types of boxes, the “BOY” or the “GIRL” of the first month treatment box, containing the Products, a denim pocket to store and carry the Products, a booklet explaining MYBUBELLY’s method, the Application’s functioning and containing the instructions for use of the Products, proposed by MYBUBELLY as part of the Services’ subscription;

 

  • General Subscription Terms”: refers to the general subscription terms and to the conditions of subscription to the Services;

 

  • General Terms of Use”: refers to the present general conditions of use of the Services;

 

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

 

  • MYBUBELLY”: refers to MYBUBELLY Company, a joint-stock company with a share capital of 267.225,00 euros, registered in the Paris Trade and Companies Register under number 827 691 072, whose head office is located 45, rue de Monceau – 75008 Paris, FRANCE, which publishes the Website and the Application and offers the Services to the Users;

 

  • Privacy Policy”: refers to MYBUBELLY’s privacy policy regarding data, accessible via the “Privacy Policy” section;

 

  • Products”: refers to the various products and items contained both in the Home Box and the Drawer Box, namely:
    • specific nutritional advice and notably pre-designed menus, recipes and grocery lists;
    • three (3) dietary supplements, namely:
      • in the “GIRL” Box the three (3) following dietary supplements:
        • folic acid and vitamin D3;
        • calcium;
        • magnesium and vitamin B6;
      • in the “BOY” Boxes, the three (3) following dietary supplements:
        • folic acid and vitamin D3;
        • potassium;
        • sodium;
    • one (1) box containing ten (10) ovulation tests;
    • one (1) box containing hundred (100) PH papers;
    • the instructions for use of the Products;

 

  • Services”: refers to the services provided by MYBUBELLY on the Website and/or the Application, available only in French and in English, in order to allow the Users to naturally help obtain their child’s sex, namely:
    • the dietetic program service intended to improve fertility and allow the Users to get the right urinary PH;
    • the tracking urinary PH service, allowing the Users to track their urinary PH measure;
    • the tracking cycle service, allowing the Users to track their menstrual cycle and define the best moment to conceive;
    • the service tracking the take of the Dietary Supplements;
    • a dashboard;
    • an online chat, a forum as well as a Frequently Asked Questions (FAQ) tab;
    • a hotline accessible by telephone from the following number: 07.88.26.26.26 from 9:00 AM to 8:00 PM from Monday to Saturday except Sunday and public holidays;
    • a general coaching service by specialty;

 

  • Smartphone”: refers to smart mobile phones allowing access to applications through the Internet;

 

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

 

  •  “User”: refers to any woman over 18 years old, meeting the prerequisites defined under article 5 of the General Terms of Use and accessing and using the Services;

 

  • Website”: refers to MYBUBELLY’s website, available at the following address: https://www.mybubelly.com, and from which the Services are provided, available in French and in English. 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 of Use are intended to define the terms and conditions according to which the Users access and use the Services.

 

The General Terms of Use are systematically disclosed to the Users in order to allow them to access and use the Services. They apply exclusively to any use of the Services provided 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 USERS

 

ANY USE OF THE SERVICES PROVIDED BY MYBUBELLY IMPLY THE USER’S EXPRESS, PRIOR AND FULL ACCEPTANCE OF THE GENERAL TERMS OF USE. BY CHECKING THE BOX: “I have read and I accept the general terms of use of the services provided by MYBUBELLY” AND BY ACCEPTING THEM WHEN ACTIVATING THE SERVICES UPON RECEIPT OF THE BOX, THE USER ACKNOLEDGES THAT SHE IS BOUND BY THE GENERAL TERMS OF USE.

 

MYBUBELLY reserves the right to alter, at any time, the General Terms of Use, 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 Services are used. Any use of the Services by the User, after the publication of altered General Terms of Use, shall be understood as acceptance of the new General Terms of Use.

 

 

Article 3: Application / modification of the General Terms of use

 

3.1- MYBUBELLY reserves the right to alter at any time the General Terms of Use, for instance in order to adapt them to legal, case-law, regulatory changes or to technical evolutions of the Website and/or the Application and/or the Services.

 

3.2- The General Terms of Use are updated regularly. Therefore, the Users are invited to consult them every time they use the Website and/or the Application.

 

3.3- Should the Users disagree with the new General Terms of Use, they shall stop accessing to the Website and/or the Application and stop using the Services. The Users’ use of the Website and/or the Application and their access to the Services after the new General Terms of Use are published shall be understood as an unreserved and express acceptance of the latter by the Users.

 

 

Article 4: Purpose of the Services

 

The Services are intended to allow the Users to benefit from a coaching to naturally increase their chances of having a female or a male child, by receiving products, a monitoring and advice.

 

Users acknowledge and agree that the Services are only available in French and in English.

 

ATTENTION: NOTE TO THE USERS

 

The Website and the Application are solely meant to allow the Users to help obtaining their child’s sex.

 

MYBUBELLY does not act as a doctor and does not give medical diagnoses.

 

 

Article 5: Terms prior to the use of the Services

 

ATTENTION: NOTE TO THE USERS

 

The 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 using the Services and/or the Boxes.

 

Furthermore, MYBUBELLY urge and recommends to consult a doctor if the Boxes and/or Services are used for more than seven (7) consecutive months.

 

5.1- The use of the Services implies that the Users:

  • Own a Smartphone and/or a Tablet connected to the Internet;
  • Access the Website or the Application;
  • Create an Account in accordance with the modalities provided under article 6 of the General Terms of Use.

 

5.2- The Users ensure having full legal capacity to use the Services, and particularly:

  • Being over the age of legal majority;
  • Being physically and psychologically healthy. In case of doubt, the Users are invited to consult their doctor prior to using the Services;
  • Not being pregnant;
  • Not suffering from diabetes, heart failure, renal failure and/or more generally, any pathology requiring a specific diet;
  • Do not breastfeed;
  • Ceasing any birth control and/or not trying to conceive before MYBUBELLY’s go;
  • Not being MYBUBELLY’s rival and/or not using the Services 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 for professional and/or commercial purposes, and notably in order to unlawfully practice medicine.

 

5.3- MYBUBELLY shall not be held liable if the Services are used by individuals not meeting the conditions provided under articles 5.1 and 5.2 of the General Terms of Use.

 

 

Article 6: Account creation

 

6.1- In order to obtain the Services, subscribing and creating an Account is necessary, under the modalities described in the General Subscription Terms.

 

Prior to any subscription, the User must choose between the “GIRL” and the “BOY” methods.

 

Then, the User must create an Account.

 

To this end, she must click on “I subscribe for the method GIRL” or on “I subscribe for the method BOY”, read the preliminary information about the method, and fill out the online inscription form by providing the following information:

 

  • Personal information:
    • Surname*
    • Name*
    • Email address*
    • Phone number*
    • Password*
    • Confirm the Password*
  • Additional data:
    • Date of birth
    • Number of children
    • How the User knows MYBUBELLY
    • Remarks
  • Postal address
    • Billing address, including
      • Street number*
      • Street name*
      • Additional address detail
      • Zip code*
      • City*
      • Country*
    • Shipping address (if different from the billing address)
      • Street number
      • Street name
      • Additional address detail
      • Zip code
      • City
      • Country
    • Choice of a pick-up point;

 

The mandatory entries are signaled by an asterisk (*).

 

Then, the Users have to click on “I subscribe”.

 

The Users commit to provide true, exact, updated and complete information about their identity, in compliance with article 6-II of the June 24th, 2004 Confidence in the Digital Economy Act, n°2004-575. They notably commit 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 Users then receive an email in French and/or in English confirming the creation of their Account, as well as explanations, only presented in French and/or in English about the Services and the Boxes.

 

6.2- In the case where the User would provide false, wrong, incorrect, outdated, incomplete, misleading or deceiving information, MYBUBELLY is allowed, immediately and without notice nor indemnity, to suspend or terminate her Account and deny her, 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.

 

6.3- The Account is accessible to the User through her Login Details, which are places under her exclusive responsibility. The User 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, she must immediately inform MYBUBELLY, which will then cancel and/or update the Login Detail in question.

 

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

 

6.4- In the situation where she loses her password, the User can ask for a new password through her Account, by clicking on “Forgotten password”.

 

6.5- Whenever she deems it necessary, the subscribed User can choose to deactivate her Account according to the modalities provided under article 15 of the General Terms of Use.

 

 

Article 7: Conditions and modalities of use of the Services

 

ATTENTION: NOTE TO THE USERS

 

MYBUBELLY reminds the Users that, in order to use the Services, they must subscribe and own a Box and the Products contained in the Box.

 

MYBUBELLY reminds that the Services are only available in French and in English.

 

In case of doubt concerning the use of the Products, the Users may and must refer to the instructions for use.

 

As such, MYBUBELLY informs the Users that the instructions for use of each Product are available in English and French on the Website and/or the Application and in the explanatory booklet of the MYBUBELLY method delivered with the Box House and downloadable on the Website and/or the Application.

 

In order to activate the Services, the User, upon receiving each Box, must log into her Account via the Website and/or the Application and click on “I have received my Boxor “I have received my new Box”. Confirmation of receipt of each Box will activate the Services for a period of thirty (30) days.

 

The Services only intend to allow the Users to benefit from a coaching to naturally increase their chances of obtaining their child’s sex. For this purpose, MYBUBELLY recommends its Users to use the Services for a minimum period of three (3) months and not to try getting pregnant before using the Services and taking the Dietary Supplements during this minimal period.

 

MYBUBELLY does not act as a doctor and does not give medical diagnoses.

 

Consequently, the use of the Services shall in no way replace a medical examination. MYBUBELLY invites its Users to regularly consult a doctor, particularly in case of doubt about their medical condition.

 

Furthermore, MYBUBELLY urge and recommends to consult a doctor if the Boxes and/or Services are used for more than seven (7) consecutive months.

 

In the event of a User becoming pregnant, it is imperative that she first have sought medical advice, in order to be monitored during her pregnancy. Becoming pregnant has dire consequences and must be adequately thought through by the Users.

 

7.1- Access to the explanation of the Services

 

The method, and therefore the use of the Services, is divided in two steps.

 

The User can access a drop-down menu “How does phase 1 works?”, then “How does phase 2 works?” on the Website and/or the Application, in which MYBUBELLY explains to the User:

 

  • the first phase, whose objective is to obtain the urinary PH measure adapted to the method (a urinary PH between 5.5 and 6.2 to have a girl and a urinary PH between 7.5 and 8 to have a boy). The User is informed that an excess in one way or another (urinary PH too acid or too alkaline) can lead to undesirable effects (such as fungal infections or vaginosis);

 

  • the second phase, whose objective is to maintain the appropriate urinary PH measure after becoming pregnant and which can begin at least from ninety (90) consecutive days of the method.

 

The transition from the first phase to the second phase will occur when the User clicks on the button “I will proceed to phase 2” as soon as the correct measurement of urinary PH has been reached and maintained for five (5) consecutive days, that the fifteen (15) urinary PH measurements have been completed on the dashboard and that the three (3) data requested in the cycle tracking functionality (set out in section 7.5 below) will have been entered and no case before the reception of the Box of the 4th month. The User will be informed by an alert on her account and will then click on the button “Activate my next Box!“.

 

The User is informed that in the event that the urinary PH measurement varies during the second phase, she must and can return to the first phase at any time and stabilize the urinary PH measurement.

 

For further details, Users are referred to the instructions for use of the urinary PH Tracking feature and the Cycle Tracking feature available in English and French on the Website and/or the Application.

 

7.2- Access to the explanatory videos

 

The Users can also access to videos, in French and in English, explaining the modalities of use of the Boxes and the Services for each phase and, more precisely, of the modalities to obtain the right urinary PH measure during the first phase and explaining the menstrual cycle for the second phase.

 

For this purpose, they must access to the drop-down menu “The method explained by video”, then click on the reading icon in order to launch VIMEO (video player) and watch the video.

 

The Users are informed that these are private videos (with a private URL) that cannot be shared via social networks or other video platforms (such as YouTube or Dailymotion).

 

7.3- Use of the diet program service

 

The Users can access and use the diet program service, helping to favor fertility and reaching the wished PH, depending on the wanted sex.

 

As part of the diet program service, MYBUBELLY provides access to the Users from the Website and/or Application to:

  • pre-designed menus of the following meals:
    • a breakfast
    • a lunch
    • a snack
    • a diner
  • recipes sorted according to the following criteria:
    • allergens: gluten, lactose, eggs, peanut, cow’s milk protein, etc.
    • dietary constraints and habits: kosher, halal, etc.
    • vegetarians and non-vegetarians
  • various nutritional advice (diet, diabetes etc.…)

 

In addition, Users have the option to use a search engine available on the Website and the Application to perform research food by food and/or category by category.

 

The recipes are developed by a nutritionist dietitian.

 

7.4- Use of the urinary PH tracking functionality

 

During the method’s first and second phases, the Users can access and use the personalized urinary PH tracking functionality, allowing them to follow their urinary PH’s monthly evolution until reaching the appropriate measure.

 

In order to use the urinary PH tracking, the Users must enter a date and a urinary PH measure observed by using the PH papers contained in the Boxes at that time and click on “Confirm”.

 

The Users must enter three (3) measurements of urinary PH per day for five (5) consecutive days.

 

Urinary PH monitoring is then performed on fifteen (15) urinary PH measurements per month to obtain the month’s value.

 

MYBUBELLY will then offer the Users an access to a value table allowing them to know their monthly average urinary PH measure, based on the information provided.

 

The Users will receive from MYBUBELLY each day (morning, noon and evening before meals) three (3) SMS at the number indicated at the time of subscription of their subscription and/or three (3) emails to the address indicated at the time of subscription, reminding them that they must measure their urinary PH. The Users are informed that they can choose and modify the schedule for sending these alerts from their Account at any time.

 

As soon as the User reaches the appropriate measure, she will have to click on the button “I transition to phase 2”.

 

MYBUBELLY shall not be held responsible for any mistake resulting from incorrect information provided by the User and/or the lack of the three (3) daily urinary PH measures.

 

7.5- Use of the cycle tracking functionality

 

From the first phase of the method and during the second phase, the Users can access and use the menstrual cycle tracking functionality, allowing them to follow its evolution and to know their ovulation date.

 

In order to use the cycle tracking functionality, whether in the first phase or during the second phase, the Users must enter three (3) data, namely: the starting date of their last period, how many days it lasted and the usual duration of a cycle in days, usually between twenty (20) and forty-five (45) days, then click on “Confirm”.

 

As such, MYBUBELLY informs the Users that the access and use of this functionality during the first phase is only provided to an indicative and educational end, in order for the Users to get used to tracking their menstrual cycle using ovulation tests provided by MYBUBELLY in the Boxes. Ovulation tests will confirm or deny the three (3) data provided by the User.

 

It is explicitly stated to the Users that they shall have no sexual intercourse nor conceive a child during the first phase.

 

MYBUBELLY also informs Users that errors are possible when using other ovulation tests than those provided by MYBUBELLY.

 

In addition, the access and the use of the cycle tracking functionality during the second phase help the Users to conceive at the right dates according to the three (3) data indicated by the Users themselves.

 

MYBUBELLY will then offer the Users access to a cycle monitoring dashboard allowing them to obtain an estimate of their ovulation period and therefore the theoretical period of fertilization, according to the information provided.

 

In addition, MYBUBELLY will also provide the Users a checkbox on the cycle monitoring dashboard in order to enter the day when the ovulation test is positive.

 

As soon as the three (3) data have been completed, whether in the first phase or during the second phase, the Users will automatically receive from MYBUBELLY one (1) SMS and/or one (1) email at the number and/or at the address indicated at the time of the subscription, proposing them to begin the use of the ovulation tests provided by MYBUBELLY in Boxes, when the User is in the first phase. This alert is sent the day before they start using the first ovulation test.

 

During the second phase, the Users will have access to the cycle tracking dashboard, to a system of color checkboxes indicating the recommended times to conceive. This functionality is directly related to the monitoring of the User’s menstrual cycle tracking. In case of doubt or question about the follow-up of the cycle, MYBUBELLY makes available to Users in the drop-down menu “My Coaching” a gynecological category for other tips to follow the cycle.

 

MYBUBELLY shall not be held responsible for any mistakes resulting from the incorrect information provided by the User and/or the User’s failure to respect MYBUBELLY’s recommendations. In addition, MYBUBELLY informs the Users that cycle data may vary from month to month due to external factors such as stress, displacement, lifestyle or food habit change etc.

 

7.6- Use of the Dietary Supplements intake tracking functionality

 

From the first phase of the method and during the second phase, the Users can access the Dietary Supplements intake tracking functionality, in order to be reminded to take them.

 

For this purpose, the Users will receive from MYBUBELLY every day two (2) SMS and/or two (2) email at the number and/or at the address indicated at the time of the subscription, reminding them the number and the type of Dietary Supplements they have to take daily.

 

This reminder functionality will be accessible until the User becomes pregnant.

 

7.7- Use of the dashboard

 

The Users can access and use the dashboard allowing them to:

  • track the evolution of their urinary PH measure in a value table during the first and the second phases;
  • track their menstrual cycle (ovulation) during the first and the second phases;
  • track the sexual intercourses moments during the second phase;
  • track the Dietary Supplement intake until they become pregnant.

 

The dashboard also allows the User to download an explanatory booklet containing the list of the allowed and forbidden food, as well as a list of “fertility booster” food.

 

The tracking via the dashboard (except regarding the Dietary Supplements intake tracking functionality) is established with the information provided by the Users.

 

MYBUBELLY shall not be held responsible for the mistakes resulting from incorrect information provided by the User.

 

7.8- Use of the online chat, forum and FAQ

 

The Users can access and use, during the term of their subscription, an online chat in order to directly ask MYBUBELLY questions in relation with the Website and/or the Application, the Services and/or the Boxes.

 

The Users are explicitly informed that the online chat is accessible seven (7) days a week, twenty-four (24) hours a day but that their questions will be answered from Monday to Friday, from 9:30 AM to 01:00 PM and from 02:00 PM to 06:00 PM.

 

The Users can also access and use, during the term of their subscription, a forum, only available in French, from their Account in order to directly ask questions to the other Users, to exchange tips, phots and/ videos and offer mutual help.

 

The Users are explicitly informed that the forum is accessible only for the active’s Users (i.e. Users who use all the Services and have not yet become pregnant) seven (7) days a week, twenty-four (24) hours a day and are invited to consult the general conditions of use of the forum for any question.

 

The Users have also access to an “FAQ” section, providing information, notably regarding the method, the subscription, the payment and the shipping.

 

As part of this “FAQ” section, the Users have the possibility to ask their questions via an email sent to: eve@mybubelly.com.

 

Finally, for any questions relating to the use of the Services, the Users have the opportunity to use the hotline provided by MYBUBELLY and accessible by telephone from the following number: 07.88.26.26.26 from 9:00 AM to 8:00 PM from Monday to Saturday except Sunday and public holidays.

 

7.9- Newsletter subscription

 

MYBUBELLY informs the Users that the subscription to the newsletter, available only in French, is done automatically at the time of creation of the Account.

 

The User has, at any time and with no charge, the right to oppose this sending. The subscription cancellation to the newsletter is available at any time by clicking on the “unsubscribe from the newsletter” link featured in each email or by writing to the following address: contact@mybubelly.com.

 

7.10- Access to the general coaching service

 

The User have access to many advices given by MYBUBELLY’s specialists in the field of dietetics, psychology and gynecology.

 

For this purpose, the User must access the drop-down menu “My Coaching” and click on the desired category.

 

7.11- Other services

 

As part of a genuine accompaniment of Users during their subscription, MYBUBELLY may send them additional SMS and/or emails at the number and/or at the address indicated at the time of the subscription, indicating for example that it is necessary to be well hydrated during periods of hot weather or reminding them not to forget to preorder their Box when they are going on vacation ect … Users are informed that they can modulate the sending these alerts from their Account at any time.

 

 

 

 

 

Article 8: Duration of the access to the Services

 

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

 

The Services are accessible during the whole duration of the User’s subscription, until she decides to put an end to it, according to the modalities provided under article 14 of the General Terms of Use and/or deactivate the Account according to the modalities provided under article 15 of the General Terms of Use.

 

However, the User is informed that if she clicks on the button “Oops I’m pregnant” if she is in Phase 1 or on the button “I’m pregnant” if she is in Phase 2 of the method, some Services and especially tracking functionalities (sending emails and / or automatic SMS, access to online chat and forum) will automatically stop.

 

Finally, 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 Services.

 

 

Article 9: Interruption of the Website, the Application and/or the Services

 

9.1- MYBUBELLY reserves the right to cease operating the Website, the Application and/or all or part of the Services 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. To the extent possible, MYBUBELLY will inform its Users before such a corrective or scalable maintenance.

 

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

 

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

 

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

 

 

Article 10: General commitment of the Users – General restrictions of use of the Website, the Application and/or the Services

 

10.1- Generally, the Users commit to respecting all the General Terms of Use as well as the applicable laws and regulations. The Users are responsible in general for their use of the Website, the Application and the Services, as well as their consequences.

 

10.2- As part of their use of the Website, the Application and/or the Services, the Users notably commit:

  • To provide correct, complete and accurate data and to update it systematically in case of a change;
  • To respect the prerequisite conditions of use of the Website, the Application and/or the Services;
  • To respect the General Terms of Use;
  • To respect MYBUBELLY’s image and reputation;
  • Not to access the Website, the Application and/or the Services for any reason other than their personal use;
  • Not to modify or alter all or part of the Website, the Application and/or the Services;
  • Not to limit by any means the use of the Website, the Application and/or the Services, and not to falsify any mention or element of the Website, the Application and/or the Services;
  • Not to spread or attempt to spread computer viruses or any other harmful element via the Website, the Application and/or the Services;
  • Not to get into the computer system, not to change the contents or commit any infringement punished under articles 323-1 and 323-7 of the penal Code (“hacking”), not to send numerous unsolicited messages via the Website, the Application and/or the Services, practice punished under article 226-18 of the penal Code;
  • Not to steal the Website’s, the Application’s and/or the Services’ content and database, notably with automated programs;
  • Not to disclose their personal password to a third party;
  • Not to use the Website, the Application and/or the Services for purposes contrary to the applicable rules and infringe the rights of third parties (particularly intellectual property and right to privacy);
  • Not to attempt and forbear to bypass or disturb in any way whatsoever, any functionality of the Website, the Application and/or the Services in relation with security, or prevent or restrain the use or the content’s copy or limiting the use of the services or the contents accessible on the Website, the Application and/or the Services;
  • Not to give out all or part of the Website, the Application and/or the Services, without prior written authorization from MYBUBELLY;
  • More generally, not to harm MYBUBELLY.

 

10.3- MYBUBELLY reserves the right to delete a User’s Account and/or cut her access to the Website, the Application and/or the Services without notice and without prejudice to any other rights or actions it is entitled to, in the situation where the User would inappropriately use the Website, the Application and/or the Services.

 

 

Article 11: Users’ responsibility

 

11.1- The Users are solely responsible for choosing to use the Website, the Application and/or the Services and for those matching with their needs, for the security of their computer system and their data saving.

 

Additionally, they are personally responsible for their use of the Website, the Application and/or the Services, as well as the information provided, notably when creating their Account and using the Services.

 

11.2- The Users guaranty and compensate MYBUBELLY for any damage suffered by the latter and against any liability lawsuit filed against it based on the violation of the General Terms of Use and/or any third party’s rights. In case of blatant fraud, MYBUBELLY allows itself to disclose all the information requested by the competent body, in charge of infringement and fraud control.

 

11.3- In case the Users fail to comply with the obligations under the General Terms of Use, and particularly under article 10 above, MYBUBELLY reserves the right to suspend or terminate the User’s Account without prior notice, in compliance with article 15.4 of the General Terms of Use. This termination will take place without prejudice to the damages that MYBUBELLY is entitled to claim, in compensation for the User’s failure.

 

 

Article 12: MYBUBELLY’s responsibility – Guaranty granted by MYBUBELLY

 

12.1- Liability

 

12.1.1- The use of the Services is at the User’s own risk.

 

12.1.2- As part of the General Terms of Use, it is explicitly agreed that MYBUBELLY does not act as a doctor. In this respect, MYBUBELLY is not bound by a general surveillance obligation over the User’s health condition.

 

Furthermore, it is explicitly agreed that MYBUBELLY does not guaranty the result of a male or female sex of the child, as chosen by the User. MYBUBELLY simply provides services helping to favor the conception of a male or female child. As such, MYBUBELLY is not bound by a performance obligation.

 

Moreover, it is explicitly agreed that MYBUBELLY, not acting as a doctor and only providing services helping to favor the conception of a male or female child, cannot be held responsible for potential conception or fertility issues, of potential issues in relation with the pregnancy, and particularly of various fetal malformations and/or congenital anomaly occurring during pregnancy.

 

MYBUBELLY cannot be held responsible for any prejudice suffered by the Users as part of an abnormal use of the Website, the Application and/or the Services and, particularly, in case of violation of the General Terms of Use and/or in case the information provided by the Users are wrong or incorrect.

 

12.1.3- MYBUBELLY shall not be held responsible for any direct or indirect damage, loss or expense resulting from the use of the Website, the Application and/or the Services, or the inability to use them, or a malfunction, an interruption for maintenance, technical failure of the server or caused by an Internet access interruption or any other cause, a virus, or a line or system problem.

 

MYBUBELLY shall not be held responsible for any damage to the User’s computer system, for any lost data or any other damage resulting from the User’s access or use of the Website, the Application and/or the Services.

 

Additionally, MYBUBELLY shall not be held responsible towards the Users, to the maximum extent permitted by the applicable law in France, of:

  • Any change MYBUBELLY could generally bring to the Website, the Application and/or the Services, or any temporary or permanent suspension of the Services;
  • The Users’ failure to provide MYBUBELLY with precise information when creating their Account and/or using the Services;
  • The access or use or failure to access or use the Website, the Application and/or the Services in general;
  • The User’s failure to safely and confidentially keep their password or any information provided when subscribing.

 

 

 

 

 

12.2- Guaranty

 

THE USERS UNDERSTAND AND ACCEPT THAT:

  • THE WEBSITE, THE APPLICATION AND/OR THE SERVICES ARE MADE AVAILABLE TO THEM “AS IS”. MOREOVER, MYBUBELLY CANNOT GUARANTY THE CONSEQUENCES OF THE USE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES;
  • IN PARTICULAR, MYBUBELLY DOES NOT GUARANTY:
    • THAT THE WEBSITE, THE APPLICATION AND/OR THE SERVICES MATCH THE USERS’ REQUIREMENTS;
    • THAT THE WEBSITE, THE APPLICATION AND/OR THE SERVICES WILL FUNCTION CONTINUOUSLY, SAFELY AND WITHOUT ANY MISTAKE;
    • THAT THE SERVICE’S QUALITY, NOTABLY THE RESULTS OBTAINED VIA THE WEBSITE, THE APPLICATION AND/OR THE SERVICES WILL MATCH THE USERS’ EXPECTATIONS.

 

No information or advice provided to the Users by MYBUBELLY, as part of the use of the Website, the Application, the Services and/or the Boxes, shall be deemed as the grant of a guaranty.

 

 

Article 13: Personal data

 

In accordance with the amended Act No. 78-17 of 6 January 1978 on data processing, files and freedoms, known as the “Data Protection Act” and the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Users are informed that MYBUBELLY carries out automated processing of their personal data for the purpose of using the Services.

 

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

 

Each User has access, modification, correction, limitation, portability and removal rights in relation to their data, as well as a right of opposition. For this purpose, she must send an email to the support service to the following address: contact@mybubelly.com.

 

The Users are reminded that, regarding data corrections and updates in relation to their Account, the Users may make any necessary changes or deletions directly through their own Account.

 

The collected personal data are securely hosted by a service provider, approved by the Ministry of health, in accordance with the article L. 1111-8 of the public health Code, namely OVH.

 

For more information, Users are requested to consult the “Privacy Policy” under the “Privacy Policy” tab, available on the Website and/or the Application.

 

 

 

 

 

 

 

 

Article 14: Duration and termination of the General Terms of Use

 

14.1- Duration

 

The access and the use of the Services provided by MYBUBELLY is available for a duration of thirty (30) days, starting from the User’s subscription, unless the User renews it according to the modalities provided by articles 13.2 and 13.3 of General Subscription Terms.

 

14.2- Termination

 

14.2.1- The General Conditions of Use are valid and applicable as long as the Users benefit from their subscription and use the Services.

 

14.2.2- The Users may stop using the Services either by (i) clicking on the “Termination” button, or (ii) by communicating to MYBUBELLY at any time, by email addressed to the following address: contact @ mybubelly.com, or (iii) deactivating their Account under the conditions described in article 15 below.

 

 

Article 15: Account deactivation

 

15.1- The User’s Account remains active as long as:

  • she is registered on the Website and/or the Application;
  • she is subscribed;
  • she pays the subscription to MYBUBELLY’s Services.

 

As soon as the User stops paying the subscription and/or when the User has not pursued her subscription at the end of the period provided for in article 13.1 of the General Subscription Terms, access to the Account is deactivated.

 

In addition, the User may choose to deactivate her Account when she becomes pregnant.

 

Nevertheless, Users will have the opportunity to reactivate their Account within thirty (30) days from the date of deactivation by renewing their subscription.

 

If the reactivation of the Account occurs after a period of thirty (30) days, the Account may also be reactivated, and the User will resume her subscription at the stage where it was at the time of deactivation of the Account. However, the User must return to phase 1 if she was in phase 2 at the moment of the deactivation of her Account.

 

15.2- The Users retain the possibility to interrupt, for no reason, at any time, their Account on the Website and/or the Application.

 

For this purpose, the User must send an email to the following address: contact@mybubelly.com, asking for her Account to be deactivated. A copy of an official identification document can be requested in order to prevent the risk of identity theft.

 

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

 

15.4- For its part, MYBUBELLY reserves the right to suspend or block momentarily, without notice and without any damages being able to be claimed, any access to the Website and/or the Application and/or the Services to the Users or, depending on the severity of the acts, to delete the User’s Account without damages being able to be claimed, under the following assumptions:

 

  • in case of non-compliance by the Users of any of the terms of the General Conditions of Use;
  • in case of non-compliance or breach by the Users of the obligations arising from the acceptance of the General Conditions of Use;
  • in case of non-compliance with the prerequisites defined in article 5 of the General Terms of Use;
  • in case of delivery of incorrect information to the creation of the User Account;
  • in the event of acts likely to harm the interests of MYBUBELLY;
  • if MYBUBELLY is constrained by law or regulation.

 

 

Article 16: Intellectual property

 

16.1- 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.

 

16.2- MYBUBELLY personally grants the Users 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 users 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, the Application and/or the Services. In particular, the Users accept not to access to the Services by any other mean than the Website or the Application.

 

The Users are informed and acknowledge that the Website, the Application, the Services and any related software can contain private or copyrighted information, protected by the applicable law. The Users 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, the Application and the Services contain texts and images that are the exclusive property of MYBUBELLY (hereafter, “Intellectual Property Items”). The Intellectual Property Items are made available to the User, for free, only for the use of the Website, the Application and the Services 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 Users 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 User 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 Users’ Accounts in the conditions provided under article 15.4 above.

 

 

Article 17: Miscellaneous

 

17.1- The General terms of Use constitute the entire agreement between the Users and MYBUBELLY as for the use of the Services and Boxes and, in general, of the Website and the Application.

 

The General Terms of Use rule the entire use of the Website, the Application and/or the Services by the Users, subject to the application of the special conditions of use complementary or specific ruling notably the Box, for which the Users shall give their express agreement.

 

17.2- In general, if one or more clauses of the General Terms of Use is found invalid or held to be such by any legal or regulatory body, or any court of competent jurisdiction, the other provisions shall nonetheless be enforced. The same principles will apply in case of incomplete clauses.

 

17.3- The fact that MYBUBELLY does not cite one of these conditions at a given time may not be interpreted as a waiver of the right to cite later one of the present conditions.

 

 

Article 18: Applicable law

 

The use and exploitation of the Website, the Application and the Services are subject to French law. The validity, the execution and the interpretation of the present General Terms of Use applicable to the Website, the Application and/or the Services are subject to French law as well.

 

 

Version of October 04th, 2018

©MYBUBELLY SAS

GENERAL TERMS OF SUBSCRIPTION TO THE SERVICES PROVIDED BY MYBUBELLY APPLICABLE FROM OCTOBER 31st, 2018

 

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 and available on the Apple Store and Android, only in French and in English. The Application includes the infrastructure as well as the content, notably texts, sounds, still or animated images and databases;

 

  • Box”: refers to both the Home 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, proposed by MYBUBELLY as part of the Services’ subscription;

 

  • Home Box”: refers to two types of boxes, the “BOY” or the “GIRL” of the first month treatment box, containing the Products, a denim pocket to store and carry the Products, a booklet explaining MYBUBELLY’s method, the Application’s functioning and containing the instructions for use of the Products, proposed by MYBUBELLY as part of the Services’ subscription;

 

  • 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 Subscriber’s name or pseudonym chosen by the Subscriber (login), as well as her secret code or password allowing the Subscriber to access her Account;

 

  • MYBUBELLY”: refers to MYBUBELLY Company, a joint-stock company with a share capital of 267.225,00 euros, registered in the Paris Trade and Companies Register under number 827 691 072, whose head office is located 45, rue de Monceau – 75008 Paris, FRANCE, which publishes the Website and the Application and offers the Services to the Subscribers;

 

  • Products”: refers to various products and items contained in the Home box and the Drawer boxes;

 

  • Services”: refers to the services provided by MYBUBELLY on the Website and/or the Application, available only in French and in English, 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 any woman over 18 years old, 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 Services are provided, available in French and in English. 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 her acceptance of the new General Terms.

 

 

Article 3: Offers

 

3.1- MYBUBELLY informs the Subscribers that the subscription includes the provision of MYBUBELLY Services and the delivery of Boxes.

 

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

 

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 Subscriber acknowledges and agrees that the Services are only available in French and in English.

 

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.

 

3.3- The Boxes proposed 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 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 Home Box is available after an order is made, MYBUBELLY will inform the Subscriber through an email and will tell her that she will receive a Drawer box instead, with a denim pocket to store and carry the Products, and a booklet explaining MYBUBELLY’s method. The Home 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 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 using the Products and/or the Boxes.

 

Furthermore, MYBUBELLY urge and recommends to consult a doctor if the Boxes and/or Services are used for more than seven (7) consecutive months.

 

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;
  • Not suffering from diabetes, heart failure, renal failure and/or more generally, any pathology requiring a specific diet;
  • Do not breastfeed;
  • 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 “I subscribe for the method GIRL” or on “I subscribe for the method BOY”, 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 her 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. She 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, only in French and/or in English, confirming that the Account has been created, as well as explanations, only presented in French and/or in English 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 her Account and deny her, 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 her Account with her Login Details, which are put under her 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 her password, the Subscriber can ask for a new password through her Account, by clicking on “Forgotten password”.

 

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

 

5.6- Once the Subscriber has created her Account, he acknowledges and accepts that the entire Website and information on the Services and/or the Products and/or the Boxes will only be available in French and/or in English.

 

 

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 that the Services are only available in French and in English.

 

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 during the subscription period.

 

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

 

The Subscribers can then:

 

  • Pursue the confirmation of their subscription by clicking on the tab “I choose my method of payment”;

 

  • Confirm their subscription by clicking on the tab “I subscribe”.

 

The subscription detail is then displayed.

 

To confirm the subscription, the Subscriber is invited to click on the link “I finalize my subscription”.

 

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 and, if necessary, each renewal of the subscription, MYBUBELLY automatically sends a summary email to the address provided by the Subscriber when creating her Account, confirming her subscription, containing a visual of the Box, the references of the Box, the elements concerning the deadlines of deliveries and specifying to the Subscriber that she will receive in a few days an email containing information relating to the tracking of the Box and in particular the tracking number and the delivery status of her Box.

 

 

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 eco-contribution tax), the shipping costs included (excluding costs resulting from a mode of specific delivery chosen by the Subscribers (example: Chronopost)) for the Boxes delivery in France including DOM-TOM, European Union, Monaco, Switzerland and United Kingdom.

 

For other countries, the Subscribers are informed that the shipping costs are their own charges and depend on the method of delivery chosen by the Subscriber, the weight of the Box and the place of delivery.

 

The shipping costs are available in the “Deliveries and Returns” section of the Website. They are then specified to the Subscriber before the validation of his subscription in his summary.

 

In addition, for deliveries outside the European Union, Subscribers are informed that they will pay any customs fees.

 

Any change in the applicable rate may be reflected in the price after the effective date of the new applicable rate. If necessary, MYBUBELLY will inform 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.

 

Upon 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.

 

In case of payment by credit card or credit and in case of payment by PayPal, the Subscriber will be deducted from the amount defined at the time of validation of payment.

 

8.2- Invoice

 

Invoices are sent during the confirmation of the subscription and, if necessary, each renewal of the subscription by email in attachment in PDF format to the Subscriber via email to the address provided by the Subscriber when creating her Account and are available at any time for consultation and download from the Website and/or the Application via the Account.

 

Invoices contain a summary of all the information communicated by the Subscriber and her choices: subscription for the “GIRL” or the “BOY” method, Box type (Home Box or Drawer Box), delivery address, email address, phone number etc ….

 

Upon receipt of the invoice, the Subscriber will have to check all of this information. In case of error, she must as soon as possible contact MYBUBELLY by email at the following address: contact@mybubelly.com.

 

8.3- 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 her subscription by any other mean of payment.

 

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

 

8.4- 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 HER 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 for a period of thirty (30) days 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.

 

The Subscribers are expressly informed that the MYBUBELLY Services will only be activated after the confirmation of each Box by clicking on the button “I received my Box” or “I received my new Box“.

 

9.2- Boxes delivery

 

The Boxes included in the subscription to the Services 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 “Deliveries and Returns” 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 “Deliveries and Returns” of the Website and the Application.

 

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

 

Failing receipt and/or pick-up of the Box by the Subscriber within the timeframe of receipt and/or pick-up provided according to each delivery method and in case of return of the Box to the logistic service of MYBUBELLY, MYBUBELLY reserves the right to freely dispose of the Box. The order will be automatically canceled, and the price of the Box will be refunded to the Subscriber, less the return costs which depend on the mode of transport chosen and the place of delivery. If necessary, MYBUBELLY will inform Subscribers.

 

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 her 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 her 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 her 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 her 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 her subscription cancellation.

 

9.2.5- Box Delivery Tracking

 

At any time, the Subscriber may request to MYBUBELLY the information relating to the tracking of her order by email to the following address: eve@mybubelly.com.

 

MYBUBELLY will then send back an email to the Subscriber at the email address entered during the creation of his Account containing the tracking number and the delivery status of the Box.

 

MYBUBELLY will remind in the email to the Subscriber that no return of Box is possible except in case of nonconformity of the Box and/or the Products and subject to their good condition (along with their accessories, instructions…) in their original box and adequately protected.

 

9.2.6- 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 her 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.

 

MYBUBELLY will bear the costs associated with the return of the Box and/or the Products in case of non-compliance and will provide the Subscriber with a prepaid return label.

 

In case of use of the prepaid return label for a return not resulting from a non-compliance of the Box and/or the Products and/or not resulting from a fault of MYBUBELLY, MYBUBELLY reserves the right to deduct the expenses of return of the refund. The amount of the return costs depends on the mode of transport chosen and the place of delivery. If necessary, MYBUBELLY will inform the Subscribers.

 

9.2.6 – Confirmation of receipt of Boxes

 

Upon receipt of each Box, the Subscriber must log into her Account via the Website and/or the Application to confirm the receipt of her Box by clicking on “I received my Box” or “I received my new Box “.

 

Confirmation of receipt of each Box will activate the Services for a period of thirty (30) days.

 

 

 

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 her 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 “My account” section of the Website and/or the Application, available only in French and in English.

 

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, she can waive her withdrawal right by sending her application to the following address: contact@mybubelly.com or by checking the case “I waive my withdrawal right” when confirming her subscription.

 

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

 

 

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:

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

–       She 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;

–       She 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;

–       She can choose to implement the guarantee for hidden defects of the item sold under article 1641 of the French Civil Code. If so, she 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 / Suspension of the subscription of the Services provided by MYBUBELLY

 

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

 

13.1- Duration

 

The subscription to the Services offered by MYBUBELLY is conclude for an indefinite duration payable of thirty (30) days in thirty (30) days.

 

If payment is not made, access to the Services will be suspended.

 

As such, MYBUBELLY will send to the Subscriber each month, an automatic email and/or SMS reminding her of the need to proceed to the payment for the maintenance of the subscription.

 

The subscription can be maintained at any time and in advance directly on the Website and/or the Application via the Subscriber’s Account by clicking on the button “I order my next Box!” or by email addressed to the following address: contact@mybubelly.com.

 

The subscription to the Services will terminate completely at the birth of the child obtained through the method. The Subscriber will however have the possibility to subscribe a new subscription in the case of the conception of a new child from the method.

 

13.2- Suspension

 

The Subscriber is informed that if she clicks on the button “Oops I’m pregnant” or on the button “I’m pregnant“, some Services and especially tracking functionalities (sending emails and / or automatic SMS, access to online chat and forum) will automatically stop.

 

In addition, Subscribers may suspend their subscription at any time and for any reason.

 

In the event of suspension, MYBUBELLY will send to the Subscriber, an automatic email and/or an SMS indicating to her that it no longer has access to the Services while reminding her of the option of continuing her subscription to the same pricing conditions, in particular by clicking on the button “Order your Box“.

 

However, the Subscriber having suspended her subscription for a period of more than thirty (30) days, will be able to resume her subscription at the stage where she was at the time of the suspension at the same tariff conditions. Nevertheless, she will have to go back to the first phase of the method if she was in the second phase at the time of the suspension of her subscription.

 

Lastly, and in the event that the Subscriber becomes pregnant while she has proceeded to the continuation of her subscription, this one is expressly informed that no return will be accepted, nor any refund made by MYBUBELLY.

 

13.3- Exceptional cases

 

The Subscriber, who has suffered a miscarriage and/or a voluntary or involuntary termination of pregnancy for any reason whatsoever and who would have canceled and/or suspended her subscription, will exceptionally benefit from a new subscription to the same tariff conditions as if it was a monthly prosecution of the previous subscription.

 

 

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 is subscribed;
  • the Subscriber pays the subscription to the Services provided by MYBUBELLY.

 

As soon as the Subscriber stops paying the subscription and/or when the Subscriber has not pursued her subscription at the end of the period provided for in article 13.1 of the General Terms, access to the Account is deactivated.

 

In addition, the Subscriber may choose to deactivate her Account when she becomes pregnant.

 

Nevertheless, Subscribers will have the opportunity to reactivate their Account within thirty (30) days from the date of deactivation by renewing their subscription.

 

Otherwise, the deactivation of the Account will become definitive, the Account being irreversibly deleted, the personal data linked to it will be automatically deleted and cannot be recovered.

 

If the reactivation of the Account occurs after a period of thirty (30) days, the Account may also be reactivated, and the Subscriber will resume her subscription at the stage where it was at the time of deactivation of the Account. However, the Subscriber must return to phase 1 if she was in phase 2 at the moment of the deactivation of her Account.

 

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

 

For this purpose, the Subscriber must send an email to the following address: contact@mybubelly.com asking for her 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 do not prevent the Subscribers of subscribing again and creating a new Account.

 

14.4- For its part, MYBUBELLY reserves the right to suspend or block momentarily, without notice and without any damages being able to be claimed, any access to the Website and/or the Application and/or the Services to the Subscribers or, depending on the severity of the acts, to delete the Subscriber’s Account without damages being able to be claimed, under the following assumptions:

 

  • in case of non-compliance by the Subscribers of any of the terms of the General Conditions of Use;
  • in case of non-compliance or breach by the Subscribers of the obligations arising from the acceptance of the General Conditions of Use;
  • in case of non-compliance with the prerequisites defined in article 5 of the General Terms of Use;
  • in case of delivery of incorrect information to the creation of the Subscriber Account;
  • in the event of acts likely to harm the interests of MYBUBELLY;
  • if MYBUBELLY is constrained by law or regulation.

 

 

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 amended Act No. 78-17 of 6 January 1978 on data processing, files and freedoms, known as the “Data Protection Act” and the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Subscribers are informed that MYBUBELLY carries out automated processing of their personal data for the purpose of using the Services.

 

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

 

Each Subscriber has access, modification, correction, limitation, portability and removal rights in relation to their data, as well as a right of opposition. For this purpose, she must send an email to the support service to the following address: contact@mybubelly.com.

 

The Subscribers are reminded that, regarding data corrections and updates in relation to their Account, the Subscribers may make any necessary changes or deletions directly through their own Account.

 

The collected personal data are securely hosted by a service provider, approved by the Ministry of health, in accordance with the article L. 1111-8 of the public health Code, namely OVH.

 

For more information, Subscribers are requested to consult the “Privacy Policy” under the “Privacy Policy” tab, 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 her 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 her, 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 her, 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 her 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.”

 

Version of October 31st, 2018

©MYBUBELLY SAS