General Conditions of Sale (GCS)

These General Conditions of Sale are concluded between on the one hand MY BETTER PERIOD, SAS with capital of 500 euros, registered with the RCS of Toulouse under number 952 258 234, having its registered office at 13, rue de Turin, 31500 Toulouse (hereinafter “MY BETTER PERIOD”), and on the other hand any person having made a purchase on the site www.mybetterperiod.com, hereinafter referred to as “the Customer”.

Any purchase on the site www.mybetterperiod.com (hereinafter the “Site”) automatically entails acceptance of all of these conditions.

1. DEFINITIONS

Site: means the website of the company MY BETTER PERIOD, at the address www.mybetterperiod.com

Products: means the products available for sale on the Site

Customer: means any user who orders or pre-orders a Product through the Site and/or who has a personal account on the Site.

Order: means the process of the Customer selecting the Products they wish to purchase and have delivered. An Order is finalized when the Customer has selected the Products they wish to have delivered as well as the delivery options and when they have paid the amount to be paid. Once finalized, the Order is handled by MY BETTER PERIOD which will proceed with the shipment of the Products ordered in accordance with the terms of these General Terms and Conditions.

Pre-order: means the process of the Customer selecting the Products they wish to purchase and have delivered. The products offered for Pre-order are only available within the limits of the announced pre-order period and provided that the announced minimum number of pre-ordered products is reached. A Pre-order is finalized when the Customer has selected the Products they wish to have pre-ordered as well as the delivery options and when they have paid the amount to be paid. Once finalized, the Pre-order is handled by MY BETTER PERIOD, which will manufacture and then ship the pre-ordered Products in accordance with the terms of these General Terms and Conditions.

Please note that all orders placed before July 24, 2024 are pre-orders.

Contract: means these General Terms and Conditions and any special conditions applicable to certain promotional operations. Therefore, the Customer waives the right to rely on any contradictory document that would conflict with the Contract, and which would therefore be unenforceable against MY BETTER PERIOD.

Personal data: means all personal information relating to the Customer, a natural person, provided by him/her when registering for the Newsletter, when placing an Order or when Pre-ordering.

User: means any natural or legal person accessing the Site whether or not they are a Client.

2. PURPOSE

These General Terms and Conditions of Sale are concluded between, on the one hand, MY BETTER PERIOD, a simplified joint stock company with capital of €500 registered with the Toulouse Trade and Companies Register under number 952 258 234, having its registered office at 13, rue de Turin, 31500 Toulouse (hereinafter “MY BETTER PERIOD”), and on the other hand, any Customer.

Any Order or Pre-order of Products appearing on the Site requires prior consultation of these general terms and conditions (the "GTC") and their unconditional and irrevocable acceptance. Consequently, the Customer acknowledges being fully informed of the fact that his/her agreement regarding the content of these GTC does not require the handwritten signature of this document, insofar as the Customer wishes to order or pre-order online the Products presented in the context of the Site's store.

By accepting these Conditions, the Client and/or User declares that they have reached or exceeded the age of legal majority, eighteen (18) years, and are not under guardianship.

The Customer shall not in any way use the Company's products for any illegal or unauthorized purpose (including, but not limited to, copyright laws).

MY BETTER PERIOD reserves the right to adapt or modify these T&Cs at any time. 

It is agreed that in the event of modification, the version of the T&Cs applicable to any Order or Pre-order is that in effect on the date of payment (or the first payment in the event of multiple payments) of the Order or Pre-order. 

MY BETTER PERIOD reserves the right to adapt or modify them at any time, by publishing a new version on its website. These T&Cs can be consulted at any time on the website of the company MY BETTER PERIOD at the following address: www.mybetterperiod.com

3. PRODUCTS

In accordance with article L.111-1 of the Consumer Code, the company MY BETTER PERIOD presents on the Site the Products for sale and their characteristics. 

The Customer has the possibility of knowing, before placing a final Order or Pre-order, the essential characteristics of the Products that he wishes to purchase.

Regarding the colors of the Products, the Customer will have the possibility to choose them as soon as the crowdfunding campaign led by MY BETTER PERIOD on the ulule.com website ends.

The stock offers presented by the company MY BETTER PERIOD are only valid while stocks last.

The Pre-order offers presented by the company MY BETTER PERIOD are only valid within the limit of the time available and the quantity offered for pre-order.

The photos and text of the Products are not contractual. All descriptions of the products are subject to change at any time, without notice and at our sole discretion. We reserve the right to discontinue the sale of a product at any time, in particular in the event that our partners' manufacturing capacity is exceeded within the specified timeframe.

4. ORDERS AND PRE-ORDERS

Confirmation of the Order or Pre-order implies acceptance by the Customer of the General Terms and Conditions and the essential characteristics of the Products.

Before proceeding with this validation, you must read and accept without reservation these General Terms and Conditions by checking the box "I have read and accept the General Terms and Conditions of Sale of MY BETTER PERIOD and I undertake to pay for my order". 

As soon as the Order or Pre-order is registered, a confirmation email summarizing it will be sent to the Customer by MY BETTER PERIOD. For this purpose, the Customer formally accepts the use of email for confirmation by MY BETTER PERIOD of the content of his order. In any event, invoices are provided upon delivery.

In the event of a Pre-order, the amounts paid in advance by the Customer do not in any case constitute a deposit, within the meaning of article 1590 of the Civil Code.

If the minimum objective of a Pre-order campaign is not reached, MY BETTER PERIOD will contact the Customer at the end of the campaign to announce its decision to refund or produce. In this case, MY BETTER PERIOD will have to refund the Customer within fourteen (14) days from the cancellation of the Pre-order.

Once the pre-order period has ended, i.e. from 1 July 2024, the Order will be executed no later than 7 days from the day following the day on which the Customer placed his Order. In the event of unavailability of the Product ordered, in particular due to suppliers, the Customer will be informed as soon as possible and will have the option to cancel his Order.

5. PRICE

The prices indicated on the Site are expressed in euros including all taxes (VAT included). VAT is applied at the rate in force in metropolitan France at the time of the Order or Pre-order.

The prices indicated are exclusive of delivery costs, which are added during the Pre-order or Order procedure.

For deliveries outside the European Union and in the French Overseas Territories, the order will be established excluding tax. In this case, the Customer is considered the importer of the products. In the event that customs duties, import taxes or applicable local taxes are payable, these costs are the responsibility of the Customer, who is recommended to carry out the necessary checks and procedures prior to the validation of his Order or Pre-order and are his entire responsibility.

Under no circumstances may the amounts paid be considered as deposits or down payments.

MY BETTER PERIOD reserves the right to modify, without notice, at any time, the price of a product, without this modification having any impact on a Pre-order or an Order already placed.

5. PAYMENT

The Products are payable in euros on the day of the effective Order or Pre-order.

To pay for his Order, the Customer has one means of payment: by bank card via the secure platform of our payment providers STRIPE and SHOPIFY PAYMENT. The Customer communicates his bank card number, associated with its expiration date as well as the digits of the cryptogram on the back of his bank card. In this regard, the Customer expressly acknowledges that the communication of his bank card number to the company MY BETTER PERIOD via the company STRIPE or the company SHOPIFY PAYMENT constitutes authorization to debit his account for the Products ordered.

Accepted cards are: Visa, Mastercard, American Express, Bank cards.

Regardless of the payment method used, MY BETTER PERIOD will cover the occasional bank charges incurred by the payment, within the limit of the management fees charged by STRIPE or SHOPIFY PAYMENT. Any other fees, whatever the reason, will be charged to the Customer.

MY BETTER PERIOD reserves the right to suspend or cancel any Order or Pre-Order in the event that your credit card payment authorization is refused or in the event of non-payment. 

MY BETTER PERIOD also reserves the right to refuse or cancel an Order or Pre-order from a Customer with whom a payment dispute is in progress or has occurred during a previous Order or Pre-order or in the event of objective suspicion of fraud. 

The delivered goods remain the property of MY BETTER PERIOD until receipt of payment.

7. DELIVERY

7.1 DELIVERY TERMS

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer or any other natural person of their choice, if this is clearly specified when placing the Order or Pre-order.

Delivery can also be made to hotels or PO boxes.

When registering the Customer's personal details, the latter must ensure the accuracy and completeness of the mandatory data that he provides. In the event of an error in the wording of the recipient's contact details, MY BETTER PERIOD cannot be held responsible for the impossibility of making this delivery.

7.2 DELIVERY TIMES

Delivery times are indicated when the Order is placed. These are indicative times, expressed in working days and corresponding to the average processing and delivery times.

In the case of Pre-orders, the manufacturing of these parts is only launched at the end of the pre-order period with our suppliers and provided that the minimum manufacturing quantities have been reached.

The time between Pre-order and delivery varies depending on the type of product offered and its manufacturing requirements, and is mentioned for information purposes on the merchant site and in the order confirmation email.

You will be regularly informed of the manufacturing stages and the progress of your Pre-order. In any event, the maximum delivery time for Pre-ordered products will be 8 months from the time the customer places the order.

MY BETTER PERIOD cannot be held responsible for the consequences of a delay in delivery that is not its fault or is due to an act of force majeure.

7.3 RECEIPT OF PRODUCTS

In application of articles L.216-3 et seq. of the Consumer Code, any risk of loss or damage to the goods is transferred to the Customer at the time when the latter, or a third party designated by him, and other than the carrier proposed by MY BETTER PERIOD, takes physical possession of these goods.

Delivery is deemed to have been made upon delivery of the product to the Customer by the carrier, as evidenced by the control system used by the latter. 

Upon receipt of the Products, the Customer is required to check the apparent condition of the packaging and the product and to report any damage to the carrier on the delivery note as well as to MY BETTER PERIOD, within three (3) days by sending an email to contact@mybetterperiod.com or by sending an email using the contact form on our site.

By way of exception, the risk is transferred to the Customer upon delivery of the product to the carrier when the latter entrusts delivery of the goods to a carrier other than that proposed by MY BETTER PERIOD.

Delivery costs are to be paid by the customer in France and worldwide.

8. RIGHT OF WITHDRAWAL

In application of articles L.221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Order or Pre-order to exercise his right of withdrawal on his Order or Pre-order.

The Customer may exercise this right by writing to us at contact@mybetterperiod.com and must attach to their withdrawal request a copy of the invoice or any other element allowing the identification of the Order or Pre-order in question, and its holder.

Only the Customer identified as such with MY BETTER PERIOD may exercise this right, to the exclusion of any other person, and in particular the person receiving the delivery (for example in the case of a gift).

Model withdrawal form (annex to article L.221-1 of the Consumer Code):

"To the attention of SAS MY BETTER PERIOD, whose head office is located at 13, rue de Turin, 31500 Toulouse:

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only if this form is notified on paper):

Date :

(*) Delete as appropriate."

9. RETURN, EXCHANGE AND REFUND TERMS

MY BETTER PERIOD will acknowledge receipt without delay. The Products must be returned by the Customer no later than fourteen (14) days following the communication of his decision to withdraw.

The products marketed by MY BETTER PERIOD being intimate hygiene products, the Customer wishing to return them must return the unopened package in order to allow them to be marketed again, new, unused, unworn, unwashed.

The exchange will be possible within the limit of available stocks. Failing this, we will proceed to refund the entirety of your Order. The refund will be made within 14 days from the receipt of your returned product. The exchanged product will be sent to you within 10 days.

If the package is lost or damaged during the return of the product, the cost of the damage is the responsibility of the Customer.

Products that are not returned within the time periods and conditions referred to above will not be refunded or exchanged by MY BETTER PERIOD.

Return costs are borne by the Customer.

Return costs will be covered by MY BETTER PERIOD in the event of a return due to lack of conformity.

The refund will be made by crediting the Customer's bank account corresponding to the bank card used to pay for the Order or Pre-Order. If you have changed bank accounts, remember to give your new bank details to your old bank.

10. PERSONAL DATA

10.1. Personal data is collected by MY BETTER PERIOD when an Order or Pre-order is placed or when a personal account is created by the Customer. The creation of a personal account is not mandatory to place an Order or Pre-order on the Site, the Customer having the possibility to place an Order or Pre-order as a “guest”.

In addition, personal data is collected through cookies. This type of collection is envisaged in Article 10.2 below.

When placing an Order or Pre-order, certain personal data must be provided by the Customer and collected by MY BETTER PERIOD. This includes the Customer's first name, last name, email address, postal address and telephone number. The same personal data is required when creating a personal account.

In addition, the Customer may create a personal account using the Facebook Connect interface. In this case, the Customer authorizes MY BETTER PERIOD to collect the personal data contained in the public profile and the email address associated with the Customer's Facebook account. By creating an account via the Facebook Connect interface, the Customer expressly accepts Facebook's general terms of use, in addition to these terms, accessible at the following address: https://www.facebook.com/terms.

This personal data is subject to automated processing for the purposes of managing the Order or Pre-order and the MY BETTER PERIOD customer base, as well as commercial prospecting, and for statistical purposes.

They may be transmitted to MY BETTER PERIOD's business partners who contribute to the delivery of the Products and the making of payments, solely for this purpose, which the Customer expressly acknowledges and accepts.

In addition, as part of the online payment services used by MY BETTER PERIOD, these services collect certain personal data belonging to Customers on behalf of MY BETTER PERIOD.

Said data is kept for the period necessary for the purposes for which it is collected and processed, namely for the completion of the Order or a Pre-order placed by the Customer, unless:
- a longer retention period is permitted or imposed by a legal or regulatory provision;
- the Customer has exercised, under the conditions set out below, one of the rights granted to him by law.

In addition, when the Customer has created a personal account, the personal data communicated for this purpose are kept until the account is deleted, which may be requested from MY BETTER PERIOD under the conditions described below.

Subject to the express acceptance of the Customer by means of check boxes, the Customer's email address may also be used by MY BETTER PERIOD for the purposes of registration and sending a newsletter and/or transmitting promotional offers.

In the event that the Customer no longer wishes to receive newsletters and/or promotional offers, the Customer may change their choice by contacting MY BETTER PERIOD under the conditions set out below or by using the unsubscribe links provided in the messages.

Access to personal data is strictly limited to MY BETTER PERIOD employees, authorized to process them due to their duties. The information collected may possibly be communicated to third parties linked to MY BETTER PERIOD by contract for the performance of subcontracted tasks necessary for the management of the Order or Pre-order, without the Client's authorization being necessary. It is specified that, within the framework of the performance of their services, third parties only have limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, MY BETTER PERIOD undertakes not to sell, rent, transfer or give access to third parties to the data without the Client's prior consent, unless required to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.).

In accordance with the applicable legal and regulatory provisions, in particular Law No. 78-17 of January 6, 1978, as amended, relating to information technology, files and freedoms and European Regulation No. 2016/679/EU of April 27, 2016, the User has the right to access, rectify, port and erase their data or limit processing. They may also, for legitimate reasons, object to the processing of data concerning them.

He may thus demand that personal data concerning him that is inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted. The User's personal data is also deleted when the User expressly withdraws his consent to the collection and processing of his personal data, subject to the legal obligations of MY BETTER PERIOD. The User may also, under the right to the portability of his personal data, recover his personal data for his personal use, or request that it be transferred to a third party, if this is technically feasible. Each User may also object, for legitimate reasons, to the processing of data concerning him, and request the limitation of data processing.

To exercise these rights, the User must send a request to the following postal address: SAS MY BETTER PERIOD, 13 rue de Turin, 31500 Toulouse; or by email to contact@mybetterperiod.com , indicating his/her first and last name. MY BETTER PERIOD may ask the User to prove his/her identity, by attaching to his/her request any necessary document, in particular a copy of his/her identity card or passport.

MY BETTER PERIOD will implement the means at its disposal to process requests relating to Users' personal data.

In the event of a security breach of the Site or loss of personal data relating to Users, MY BETTER PERIOD will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.

Users also have a right to lodge a complaint, which they can exercise with the national supervisory authority, namely the CNIL.

To obtain more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.

10.2. MY BETTER PERIOD may set up cookies on the Site. This is an automatic tracking process that records information relating to browsing on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site.

Cookies installed by MY BETTER PERIOD are deleted from the Client's computer terminal after a period of 13 months.

The User may oppose their implementation and/or delete them by following the procedure indicated on their browser.

As such, MY BETTER PERIOD collects the express consent of Users regarding the use of these cookies and uses them in accordance with legal provisions, including in particular the General Regulation on the Protection of Personal Data.

MY BETTER PERIOD uses these cookies only to establish connection statistics as well as Users' browsing histories.

10.3. In accordance with Article L.221-16 of the Consumer Code, the User may register free of charge on the list of opposition to telephone canvassing provided for in Article L.223-1 of the same code if he does not wish to be the subject of commercial prospecting by this means.

You can consult our Privacy Policy to learn more.

11. LEGAL WARRANTIES AND LIMITATION OF LIABILITY

All products on sale on the website www.mybetterperiod.com benefit from the legal guarantee of conformity provided for and defined by articles L.217-4 et seq. of the Consumer Code and the guarantee against hidden defects provided for and defined in articles 1641 et seq. of the Civil Code. It is recalled that in application of article L.221-15 of the Consumer Code, MY BETTER PERIOD may be exonerated from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure. 

MY BETTER PERIOD, its officers, directors, employees, affiliates, contractors, interns, suppliers, and partners shall in no case be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost revenue, lost profits, lost data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any product, including, but not limited to, any errors or omissions in any content, or any loss or damage incurred as a result of the use of the product.

12. INTELLECTUAL PROPERTY

Domain names, brands, products, product images, videos, texts or more generally any information subject to intellectual property rights are the exclusive property of MY BETTER PERIOD and are registered with the National Institute of Intellectual Property (INPI).

Photos that MY BETTER PERIOD does not own are credited in the Legal Notices.

13. APPLICABLE LAW

These general conditions are subject to French law. Any dispute relating to these T&Cs will be submitted to the materially and territorially competent French jurisdiction. 

In the event of a dispute or complaint, the Customer will contact MY BETTER PERIOD as a priority to obtain an amicable solution:

• to the email address contact@mybetterperiod.com or 
• to the postal address SAS MY BETTER PERIOD SAS, 13 rue de Turin, 31500 Toulouse.

In application of articles L.612-1 and following of the Consumer Code, provided that you have previously sent a written complaint to MY BETTER PERIOD, you have the right to use a consumer mediator free of charge with a view to the amicable resolution of a dispute between you and MY BETTER PERIOD.

In the absence of making a prior written complaint to MY BETTER PERIOD, but also if the request is manifestly unfounded or abusive, if the dispute has previously been examined or is currently being examined by another mediator or by a court, if you submitted your request to the mediator more than one year after your written complaint to MY BETTER PERIOD, or if the dispute does not fall within the mediator's scope of competence, it cannot be examined.

You will then be informed by the mediator, within three weeks of receipt of your file, of the rejection of your mediation request.

It is possible to contact either a consumer mediator from the list on the consumer mediation website ( click here ), or to complete the automated complaint form allowing you to contact a dispute resolution body ( click here ).

In the absence of recourse to mediation, the courts of the jurisdiction of the company's registered office will have jurisdiction.

Updated October 15, 2023