Terms of service

1. General Provisions
VARIATIONS is a joint-stock company with a share capital of EUR 1,333.20, registered with the Nanterre Trade and Companies Register under number 884 331 588, whose registered office is located at 1, rue des Jardies – 92190 Meudon (France).

VARIATIONS offers a home delivery service for electric toothbrushes and dental hygiene products on a regular basis which varies according to the needs of the customer concerned.

Subscriptions to the products and services offered by VARIATIONS are only accessible online, through the www.myvariations.com website and, more broadly, any website or mobile application authorised by Variations that includes the information published on the above website (hereinafter the "Website"). The T&Cs apply without restriction or reservation.

2. Definitions
In these T&Cs, the following capitalised terms shall have the following meanings:

Client: refers to any person who subscribes to an Offer of the Company, through the Site, under the conditions agreed herein.

General Terms and Conditions of Sale: refers to this document.

Offers: refers to the offers proposed by an online subscription by the Company through its Website.

Party(ies): refers individually to the Client or the Company and collectively to the Client and the Company.

Product(s): refers to the electric toothbrushes, their accessories, and Top-ups delivered to the Client by the Company, as part of an Offer, under the conditions defined herein.

Top-up(s): refers to Products sent on a recurring basis, according to the frequency chosen by the Client (1, 2, or 3 months)

Website: refers to the website owned and published by the Company: www.myvariations.com

Company: refers to the company VARIATIONS

3. Purpose

The purpose of these General Terms and Conditions of Sale is to detail the scope of their application, as well as the conditions of their acceptance.

They also detail the Products and Offers available on the Site, as well as the conditions under which they are subscribed to through the Site.

They also specify the terms of ordering and payment for these Subscription Offers, as well as the terms of delivery and return of the Product.

They also deal with the limitation of the Company's liability.

4. Scope and acceptance of the General Terms and Conditions of Sale
The Parties agree that their relationship is governed by these Terms and Conditions, excluding any terms previously available on the Site.

These General Terms and Conditions of Sale are applicable to all orders made through the Site for Products offered by the Company.

Any order for Products via subscription to an Offer implies the express and unreserved prior acceptance of these General Terms and Conditions of Sale, which take precedence over all other conditions, unless otherwise agreed in writing by the Parties.

These conditions of acceptance are detailed in Article 6 hereof.

5. Products and Offers

5.1 Electric Toothbrush

Through its Website, the Company offers the online sale of electric toothbrushes, as part of a Subscription Offer, under the conditions defined herein.

Two varieties are proposed by the Company (Black; White). These Products, and more specifically their characteristics, are detailed more fully on the Site.

These Products can be ordered online, through the Offer proposed by the Company, which is also detailed more fully on the Site.

By accepting this Offer, the Client accepts a charge of an amount defined at the time of the initial order, recurring with each new shipment of a Top-up, at a regular frequency chosen by the Client. Thus, as long as the Offer lasts, the Client will be charged the amount set automatically at the chosen frequency.

The Client may terminate his/her subscription at any time in accordance with the terms and conditions set out in the article relating to the Duration of Offers of these General Terms and Conditions of Sale.

5.2. Top-ups

Through its Website, the Company offers the online sale of Brush Head Refills, as part of a Subscription Offer, under the conditions defined herein.

These Products can be ordered online, through the Offer proposed by the Company, which is detailed more fully on the Site.

Subscribing to the Subscription Offer entitles the Customer to receive replacement brush heads at a frequency chosen by the Customer (every 1, 2, or 3 months) at the time of ordering, until a Party decides to terminate this contract.

By accepting this Offer, the Client accepts a charge of an amount defined at the time of the initial order, occurring with each new shipment of a Top-up, at the frequency chosen by the Client. Thus, as long as the Offer lasts, the Client will be charged the amount set automatically at the frequency chosen.

6. Terms and Conditions for Subscribing to an Offer

6.1. Steps

Subscribing to an Offer includes:

- the selection of a Client's Offer and their payment confirmation (by clicking on the confirmation button), after the Client has read the summary of his order;

- the indication of an email address, as well as a delivery address, by filling in the form dedicated to this purpose on the Site;

- the express and unreserved acceptance of the General Terms and Conditions of Sale by the Client at the end of the said form, by ticking the box provided for this purpose.

- the selection of a payment method (by credit card or PayPal).

The Client then has the option of creating a personal account, in particular by providing the following information: email and password.

6.2. Online Payment
The Client must then fill in all the information necessary for said payment, following the instructions provided for this purpose on the Site.

6.3. Automatic Confirmation of Subscription to an Offer
Once payment has been made for subscribing to an Offer, the Customer will receive an automatic confirmation by email, at the address provided by them at the time of confirmation of their order (provided that they have entered a valid and error-free email address).

This automatic confirmation is subject to a final validation by the Company, under the conditions described in Article 6.4 hereof.

6.4. Final Confirmation of the Subscription to an Offer
The Company reserves the right to not process an order:

- when the banking institution in charge of managing the payment of the subscription demonstrates the inability to carry out the Client's payment;

- if there is an abnormal request due to the content, frequency, or bad faith of the Client;

- more generally in the event of a legitimate reason as provided for by Article L. 121-11 of the Consumer Code.

In the event that the Company confirms the Client's subscription, the Client's first order summary is automatically sent to the Client by email, to the address provided by the Client at the time of confirmation of the order (provided that the Client has entered a valid and error-free email address).

In the event that the Company does not accept the Client's subscription for one of the aforementioned reasons, the Client will receive an email (to the email address provided by the Client at the time of confirmation).

6.5. Right of Withdrawal
In accordance with the legal provisions in force and more particularly Article L. 221-18 of the French Commercial Code, in the context of a purchase made remotely, the Client has a withdrawal period of 14 days from the day on which they receive the Products of their Offer to withdraw from their subscription to one of the other Offers.

The company extends this withdrawal period to 30 days from receipt of the products.

Products on which the right to withdrawal can be exercised must be returned complete, in their original condition and packaging, in perfect condition (any worn, incomplete, damaged, or deteriorated product will not be accepted as a return).

In the event that the Client decides to suspend their subscription, before reactivating it, they will not benefit from the aforementioned right to withdrawal at the time of such reactivation.

6.6 Lifetime Warranty for Subscribers
As stipulated on the Site, certain Products are guaranteed for life for Subscribed Customers.

The lifetime warranty applies to Customers defined as Subscribers who comply with the following conditions:

- Have subscribed to an Offer by paying for the following Product: electric toothbrush

- Have subscribed to a Refill Subscription Offer on "Brush Heads" Products and receive a minimum of 4 Top-ups per year, i.e. a Top-up every 3 months minimum.

Requests to exercise the lifetime warranty right are addressed to the Company's customer service: (i) by email (to the address: hello@myvariations.com); (ii) by post (to the address: 1, rue des Jardies – 92190 Meudon).

These requests must include specific personal information for the Client (surname, first name, telephone number, e-mail address); the name of the Order recipient and their delivery address; the date and place at which the request to enable the lifetime warranty is made.

In order to exercise their lifetime warranty on the Products on which the lifetime warranty can be exercised, the Client must justify the condition of the product using any means requested by the Company's customer service (photos, videos, etc.). In the event of approval by the Company's customer service, the Products must be returned complete for examination and repair, if they cannot be repaired, the Products may be replaced with a similar or equivalent product at the Company's discretion.

The following Products are excluded from the Lifetime Warranty: Top-ups of any type, whether brush heads, Product accessories.

7. Price and Payment

7.1. Prices

The prices of the Offers provided by the Company are indicated on the Website and mentioned in euros.

These are prices including VAT and delivery costs.

Prices for Offers are subject to change. If applicable, the changes only apply to orders related to new subscriptions, orders that are already activated and subscriptions that are already in progress will not be affected by price changes.

If you cancel your subscription and then reactivate it, the price of the subscription may be different from the original price in effect prior to its cancellation.

Prizes are paid in accordance with the provisions of Article 7.2 hereof.

7.2. Payment
The first instalment of the Offer is paid directly by the Customer by credit card or PayPal, following the instructions provided for this purpose on the Site.

For following instalments, the Customer authorises payment by direct debit via credit card or PayPal account provided by them at the time of payment of the first instalment, at each delivery of Products (every 1, 2, or 3 months depending on the Offer subscribed, unless otherwise requested by the Customer, under the conditions provided for in Article 8 hereof).

Each time a payment is made, the Company automatically sends the Client a summary of their order by email to the address provided by them at the time of confirmation of their order (provided that they have entered a valid and error-free email address).

8. Delivery
The Products are delivered by the Company to the Client, according to the frequency determined by the Subscribed Offer.

The products and services are offered only in Europe. Orders that do not meet this geographical condition will not be considered. The delivery times are as follows, and given as an estimate:

-France: 1 to 2 working days (except weekends and holidays) by tracked mail or Colissimo.
- Europe: 3 to 5 working days (excluding weekends and public holidays) by international tracked mail or international Colissimo.

The Products are shipped to the address indicated by the Client, at the time of subscribing to the Offer concerned, unless they change this address during the execution of the said Offer (through their personal account, following the instructions provided for this purpose on the Site).

Up to 24 hours before shipment of the Products as part of an Offer, the Customer may modify their Offer, terminate their subscription, suspend it, or change their address exclusively on their personal account on the Site ("Account"). Products are shipped the same day for orders placed before 12:00 noon, and the next day for orders placed after 12:00 noon.

In some cases, the delivery of the Products cannot be carried out (unsuitable mailbox; inaccessible door; incomplete address; absence of the recipient; etc.). The Client may then receive a delivery notice, indicating the terms and conditions allowing them to receive their Products as soon as possible. They will be solely responsible for this reception, without the Company's liability being sought in any way whatsoever.

In the event of a delay in delivery of more than 15 days after the date of shipment, or in the event of force majeure or the Client's own action, the Client must contact Customer Service in order to request a new delivery within a reasonable time, by registered letter with acknowledgement of receipt or by email.

In the event that it is impossible to proceed with delivery, the sums paid by the Client for the undelivered Products shall be refunded to them within thirty (30) days of termination, excluding any compensation.

9. Receipt of Items
In accordance with the provisions of Article L. 133-3 of the French Commercial Code, in the event of damage or partial loss of the Products during transport, the Client shall notify the Company and the carrier, by extra-judicial document or by registered letter with acknowledgment of receipt, no later than three (3) days, excluding public holidays, from the date of receipt.

In the event of opening the packaging of the Product, no recourse against the carrier or the Company may be exercised, under the aforementioned conditions.

If no claim or reservation is made in this respect under the above conditions, the Products may no longer be taken back or exchanged by the Company and no recourse may be exercised against the carrier.

10. Retention of Ownership
The Company retains full ownership of the Products ordered, until the Client has fulfilled all of its obligations and in particular until full payment of their price.

11. Returns

11.1. Right to Cancellation
Requests to exercise the right to cancellation are sent to the Company's customer service: (i) by email (to the address: hello@myvariations.com); (ii) by post (to the address: 1, rue des Jardies – 92190 Meudon).

These requests must include specific personal information of the Client (surname, first name, telephone number, e-mail address); the name of the recipient of the order and their delivery address; the date and place where the request to exercise the right to cancellation is made.

Products on which the right to cancellation can be exercised must be returned complete, in their original condition and packaging, in perfect condition (any worn, incomplete, damaged, or deteriorated product will not be returned, exchanged, or refunded).

11.2. Legal Compliance and Hidden Defect Guarantee
In accordance with the provisions of the Consumer Code applicable to consumer buyers, the Company is required to deliver goods that comply with the description of the Products as displayed on the Site. Failing this, the Client may request a refund of the said Products or its replacement.

The Client may also decide to implement the warranty against hidden defects of the object under the conditions of articles 1641 et seq. of the Civil Code.

In the event that the Client exercises the legal compliance guarantee or the guarantee against hidden defects, the Company will reimburse the Client under the conditions set out in Article 14 hereof or will replace the Products concerned.

The Products referred to in the Client's request must be returned to the Company in their original packaging, new and unused.

In any case, the Client will only be able to obtain a refund or replacement of the Products if the lack of conformity or hidden defect is proven and noted by the Company, under the aforementioned conditions.

12. Obligations

12.1. Obligations of the Client

Prior to the confirmation of any subscription to an Offer, the Client undertakes to provide accurate and truthful information about themselves, in particular a complete postal address (number, road, building, door, digicode, floor, etc.).

In addition, in order to subscribe to an Offer on the Site, the Client must have legal competence.

12.2. Obligations of the Company
The Company endeavours to provide the most reliable and quality information possible on the Website relating to the Products.

In addition, before any shipment of Products, the Company verifies their compliance with the Offer subscribed to by the Client.

13. Disclaimer of Warranties
Any defects affecting the Products or their characteristics, as well as direct and indirect damage done by the Client or by third parties as a result of the abnormal use and non-conformed use of said items for the use for which they are normally intended, are not covered by any warranty, either legal or conventional.

14. Refund
In the event of a return of Products, under the conditions set out in Article 11.1 hereof, the Company will only reimburse the Client for the cost of the said Products. Under no circumstances will it reimburse the costs related to transport (delivery and return).

In the event of a return of Products under the conditions set out in Article 11.2 hereof, the Company will reimburse the Client not only for the cost of the said Products, but also for the costs related to transport (delivery and return).

In any case, the Company will not make any refund of the products concerned, nor of the delivery costs, in the event of proven bad faith on the part of the Client.

15. Duration of Offers
The Offers presented by the Company for online subscription include the shipment, according to a predetermined frequency, of Products and Top-ups until a Party decides to terminate this subscription under the conditions defined below.

By subscribing to an Offer, the Client accepts a direct debit at a predetermined frequency and for a defined amount. Thus, as long as the subscription to the Offer continues, the Client will be charged the amount originally defined based on the said frequency.

The Customer may freely terminate their subscription to the Offer from the date of receipt of their electric toothbrush, i.e. 5 days after the order is placed.

Then, up to 24 hours before the shipment of the Products or Top-ups as part of an Offer, the Customer may modify their Offer, terminate their subscription, suspend it, or change their address exclusively on their personal account on the Site ("Account").

If the cancellation request takes place less than 24 hours before the next shipment date, the cancellation will only be effective after this order has been invoiced/shipped, which will be the last one.

In the absence of action on the Client’s part, the subscription to the Offer is automatically extended under the same conditions as the previous delivery of Products, within the framework of the said Offer.

16. Modification of the General Terms and Conditions of Sale
The applicable General Terms and Conditions of Sale are those in force on the date on which the order is confirmed by the Customer.

However, the Company may be required to modify these terms and conditions at any time, without prior notice, subject to informing its Clients as soon as these changes come into force by email and/or by publishing the said modifications on the website of which it is the publisher.

The Company will update the General Terms and Conditions of Sale by indicating the date of last update at the top right of these Terms and Conditions.

17. Intellectual Property
All the elements contained on the Site owned and published by the Company are protected by intellectual property laws.

Thus, the Company alone owns all right, title, and interest, including all intellectual property rights to and on the Site, as well as any ideas, suggestions, requests for improvements, comments, recommendations, and other information that Clients and third parties may communicate about the Site.

In addition, the Company holds the rights to use all the elements accessible on its Site, in particular texts, images, graphics, logo, icons, sounds, software, etc.

Consequently, any reproduction, representation, modification, publication - total or partial - of the elements of the Site, by any means or process whatsoever, is prohibited without the express prior consent of the Company.

18. Personal Data
In accordance with Law 78-17 of 6 January 1978, amended by the Laws of 6 August 2004 and 20 June 2018, the Company undertakes to process the personal data of its Customers, solely to fulfil its obligations in respect of the online sale of Products. In this regard, it is reminded that the personal data requested from the Client is necessary in particular to confirm any subscription to an Offer, as well as for the establishment of invoices.

The Company also undertakes to guarantee the confidentiality of personal data processed in the context of the performance of its obligations.

In addition, as this data may be communicated to the Company's partners responsible for the execution, processing, management and payment of orders, the Company ensures that these partners provide the same sufficient guarantees as to the implementation of appropriate technical and organisational measures, so that the processing meets the requirements of the applicable regulations.

In accordance with the national and European regulations in force, the Client has a permanent right of access, modification, rectification, and opposition with regard to information concerning themselves.

The Client may, subject to the production of a valid proof of identity, exercise these rights by contacting the customer service department by registered mail with acknowledgment of receipt, at the address: 1, rue des Jardies – 92190 Meudon.

If the Client no longer wishes to receive the Company's news, solicitations (by telephone, SMS, post, or email), and invitations, they have the right to indicate this via the link reserved for this purpose, to modify their choices by contacting the Company under the conditions mentioned above or, if necessary, by modifying the settings of their online account.

Finally, the Client is informed that they have the possibility of registering on the list of opposition to telephone canvassing (www.bloctel.gouv.fr/).

For any further information or complaint, the Client may contact the CNIL (www.cnil.fr).

19. Liability
The Company can only be held liable for direct damage caused by its own fault, proof of which must be provided by the Client.

20. Force Majeure
In accordance with the provisions of Article 1218 of the Civil Code, in the event of force majeure, the Company will not be liable for any failure to perform its obligations.

More specifically, the Company cannot be held responsible for a delay/failure of delivery due to a cause beyond its control, in particular in the event of bad weather, natural disaster, strike, road accident, epidemic, etc.

21. Miscellaneous

21.1. Waiver
The fact that the Company does not avail itself, at any given time, of any of the provisions hereof, shall not be interpreted as a waiver by the Company of the right to avail itself of any of the said provisions at a later date.

21.2. Validity / Indivisibility
The invalidation, unenforceability, or more generally, the absence of effect of any of the stipulations of the General Terms and Conditions of Sale will not affect the other stipulations, which will remain perfectly valid and binding.

22. Customer Service
The Company's customer service can be contacted:

- by email to hello@myvariations.com

- by post to the address 1, rue des Jardies – 92190 Meudon

23. Amicable Dispute Resolution
Complaints from Clients must be made to the Company's customer service department (which can be reached using the contact details mentioned in Article 23 hereof).

The company's customer service can be contacted at the following email address: hello@myvariations.com

After sending a complaint to the Company and in the event that it is impossible to reach an amicable agreement, the Consumer Client is duly informed that they are entitled to mediation in accordance with the provisions of Article L. 612-1 of the Consumer Code.

Regardless of which Party wishes to have recourse to mediation, it must first inform the other Party by means of a registered letter with acknowledgment of receipt, specifying the reasons for the dispute.

Customers who are not satisfied may contact the consumer mediator free of charge.

It is specified that sending a written complaint is a mandatory prerequisite for referral to the Ombudsman.

In addition, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Consumer Customer may also use the online dispute resolution platform accessible by following the link below: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR).

24. Applicable Law and Jurisdiction
The General Terms and Conditions of Sale are subject to French law.

Any dispute relating to these terms and conditions shall be brought before one of the courts with territorial jurisdiction under the Code of Civil Procedure.

The Client has the right to submit any dispute relating to these terms and conditions either to the court of the place where the Client was living at the time of the conclusion of the contract, or to the court of the place where the harmful event occurred

In any event, the Consumer Client is duly informed that they have the right to resort to mediation in accordance with the provisions of Article L. 612-1 of the Consumer Code and Article 24 hereof.

25. French and Foreign Versions
These General Terms and Conditions of Sale were written in French. In the event of any contradiction or misinterpretation, the French shall prevail over any other version that may be written in another language at the request of the Client.

26. Chosen Residence
The Company takes up residence at 1, rue des Jardies – 92190 Meudon (France).

27. Web Host
The company's website is hosted directly on Shopify's servers: https://www.shopify.com/