Terms and Conditions of Sale

ARTICLE 1. DEFINITIONS

The terms used below have, in these General Terms, the following meaning:

• "CUSTOMER": designates the SELLER's co-contracting party, who guarantees to have the status of consumer as defined by French law and jurisprudence. In this respect, it is expressly provided that the CUSTOMER acts outside of any habitual or commercial activity.
• "DELIVERY": designates the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated during the order.
• "PRODUCTS": designates all products available on the SITE.
• "TERRITORY": designates the country chosen by the CUSTOMER for DELIVERY. The countries open for delivery are listed at this address.

ARTICLE 2. OBJECT

These General Terms govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.

The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from distinct contractual conditions.

ARTICLE 3. ACCEPTANCE OF GENERAL TERMS

The CUSTOMER undertakes to read these General Terms carefully and accept them before proceeding with the payment of an order for PRODUCTS placed on the SITE.

These General Terms are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing an order. The CUSTOMER is invited to carefully read, download, and print the General Terms and to keep a copy.

The SELLER advises the CUSTOMER to read the General Terms for each new order, as the latest version of said Terms applies to any new order of PRODUCTS.

By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood, and accepted the General Terms without limitation or condition.

ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE

To be able to purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if they are a minor, be able to prove the agreement of their legal representatives.

The CUSTOMER will be invited to provide information allowing their identification by completing the form available on the SITE. The sign (*) indicates mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of their order on the SITE. DELIVERY tracking may, where applicable, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by email at [email protected] to obtain information on the status of their order.

The information that the CUSTOMER provides to the SELLER during an order must be complete, accurate, and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, eligibility, and the information provided.

ARTICLE 5. ORDERS

Article 5.1 Product Characteristics

The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law.

The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.

Unless expressly stated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.

Article 5.2. Order Procedure

Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below.

5.2.1. Selection of PRODUCTS and purchase options

The CUSTOMER must select the PRODUCT(s) of their choice by clicking on the concerned PRODUCT(s) and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CUSTOMER's cart. The latter may then add as many PRODUCTS to their cart as they wish.

5.2.2. Orders

Once the PRODUCTS are selected and placed in their cart, the CUSTOMER must click on the cart and verify that the content of their order is correct. If the CUSTOMER has not yet done so, they will then be invited to identify themselves or register.

Once the CUSTOMER has validated the content of the cart and identified/registered themselves, an automatically completed online form will be displayed summarizing the price, applicable taxes, and, where applicable, delivery costs.

The CUSTOMER is invited to check the content of their order (including quantity, characteristics, and references of the ordered PRODUCTS, billing address, payment method, and price) before validating its content.

The CUSTOMER may then proceed to pay for the PRODUCTS by following the instructions on the SITE and provide all information necessary for billing and DELIVERY of the PRODUCTS. Regarding PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary for the proper processing of the order.

The CUSTOMER must also select the chosen delivery method.

5.2.3. Acknowledgment of Receipt

Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address communicated via the registration form is correct.

The SELLER does not send any order confirmation by post or fax.

5.2.4. Invoicing

During the order procedure, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).

The CUSTOMER must notably clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.

The CUSTOMER must also specify the chosen payment method.

Neither the order form that the CUSTOMER establishes online nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitutes an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.

5.3. Date of the order

The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE do not begin to run until this date.

5.4. Price

For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros inclusive of all taxes, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address, and the carrier or transport mode chosen).

Prices include in particular Value Added Tax (VAT) at the rate in force on the date of the order. Any change in the applicable rate may impact the price of the PRODUCTS from the date the new rate comes into force.

The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.

The prices indicated on the SITE may change. They may also be modified in the event of special offers or sales.

The prices indicated are valid, except for gross error. The applicable price is that indicated on the SITE on the date the order is placed by the CUSTOMER.

5.5. Availability of PRODUCTS

The professional undertakes to deliver the PRODUCT on the date or within the time indicated to the CUSTOMER, unless the parties have agreed otherwise.

The unavailability of a PRODUCT is in principle indicated on the page of the concerned PRODUCT. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.

In any event, if unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.

In the event that a PRODUCT is unavailable, the SELLER may, and if the parties agree, propose an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.

If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will obtain a refund of all sums paid for the unavailable PRODUCTS at the latest within thirty (30) days of payment.

5.6. Promotional Codes

Current promotional codes cannot be combined with each other unless otherwise stated by the SELLER.

5.7. Payment with Scalapay

If you pay with Scalapay, you will receive your order immediately and pay in three installments. You acknowledge that the installments will be transferred to Retail Instalments SPV 1 Limited, to parties related to their assignees, and that you authorize this transfer.

ARTICLE 6. RIGHT OF WITHDRAWAL

The terms of the right of withdrawal are provided for in the "withdrawal policy", a policy available in Annex 1 hereof and accessible at the bottom of each page of the SITE via a hyperlink.

ARTICLE 7. PAYMENT

7.1. Means of payment

The CUSTOMER can pay for their PRODUCTS online on the SITE using the means proposed by the SELLER.

The CUSTOMER guarantees to the SELLER that they hold all the authorizations required to use the chosen payment method.

The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online in the context of online payment on the SITE.

It is specified in this regard that all information relating to payment provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.

7.2. Payment date

In the case of a single payment by credit card, the CUSTOMER's account will be debited as soon as the order for PRODUCTS is placed on the SITE.

In the case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Terms.

7.3. Delay or refusal of payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.

In the event that, for whatever reason, opposition, refusal, or otherwise, the transmission of the money flow due by the CUSTOMER proves impossible, the order would be canceled and the sale automatically terminated.

ARTICLE 8. PROOF AND ARCHIVING

Any contract concluded with the CUSTOMER corresponding to an order of an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.

The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CUSTOMER's request.

In the event of a dispute, the SELLER will have the possibility to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

ARTICLE 9. TRANSFER OF OWNERSHIP

The SELLER remains the owner of the delivered PRODUCTS until their full payment by the CUSTOMER.

The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by them, or by a third party designated by them other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage they may cause.

ARTICLE 10. DELIVERY

The terms of DELIVERY of the PRODUCTS are provided for in the "delivery policy" referred to in Annex 2 hereof and accessible at the bottom of each page of the SITE via a hyperlink.

ARTICLE 11. PACKAGING

The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Annex 1 – Withdrawal Policy.

ARTICLE 12. WARRANTIES

Apart from the commercial warranties that the SELLER might offer for certain PRODUCTS, every Client benefits from "legal" warranties, for all PRODUCTS, which are detailed below, in accordance with Article L.111-1 of the Consumer Code.

ARTICLE 13. LIABILITY

The SELLER's liability cannot under any circumstances be engaged in case of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, particularly when entering their order.

The SELLER cannot be held responsible, or considered as having failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of French courts and tribunals.

It is also specified that the SELLER does not control websites that are directly or indirectly linked to the SITE. Consequently, it excludes any liability regarding the information published thereon. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.

ARTICLE 14. FORCE MAJEURE

The SELLER's liability cannot be implemented if the non-performance or delay in the performance of one of its obligations described in these GTCS stems from a case of force majeure.

There is force majeure in contractual matters when an event beyond the debtor's control, which could not reasonably be foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor.

If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is terminated by operation of law and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

In this respect, the SELLER's liability cannot be engaged notably in case of attack by computer hackers, unavailability of materials, supplies, spare parts, personal equipment or other, interruption of electronic communications networks, as well as in case of occurrence of any circumstance or event external to the will of the SELLER occurring after the conclusion of the GTCS and preventing performance under normal conditions.

It is specified that, in such a situation, the CUSTOMER cannot claim payment of any compensation and cannot bring any action against the SELLER.

In the event of the occurrence of one of the aforementioned events, the SELLER will endeavor to inform the CUSTOMER as soon as possible.

ARTICLE 15. PERSONAL DATA

The SELLER collects personal data concerning its CUSTOMERS on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has expressly chosen this option, send them commercial prospecting emails, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.

The CUSTOMER's data is kept confidentially by the SELLER for the needs of the contract, its execution, and in compliance with the law.

CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.

Data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have expressly given their prior agreement when registering on the SITE.

The SELLER will specifically ask CUSTOMERS if they wish for their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

In accordance with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (UE) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), the SELLER ensures the implementation of the rights of the persons concerned.

It is recalled that the CUSTOMER whose personal data is processed benefits from the rights of access, rectification, update, portability, and erasure of information concerning them, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16, and 17 of the European General Data Protection Regulation (GDPR).

In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning them, without reason and without cost.

The CUSTOMER may exercise these rights by sending an email to the address: [email protected] or by sending a letter to 68 rue d'hyeres 83140 Six Fours les plages, FRANCE

It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document or by sending the SELLER a photocopy of their identity document.

ARTICLE 16. CLAIMS

The SELLER makes available to the CUSTOMER a "Customer Telephone Service" at the following number: +33 494949780 (non-surcharged number). Any written claim from the CUSTOMER must be sent to the following address: 68 rue d'hyeres 83140 Six Fours les plages, FRANCE.

ARTICLE 17. INTELLECTUAL PROPERTY

All visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark law, and/or patents.

These elements are the exclusive property of the SELLER. Anyone who edits a website and wishes to create a direct hyperlink to the SITE must request authorization from the SELLER in writing.

This authorization from the SELLER will in no case be granted permanently. This link must be removed at the request of the SELLER. Hyperlinks to the SITE using techniques such as framing or in-line linking are strictly prohibited.

Any representation or reproduction, total or partial, of the SITE and its content, by whatever process, without the express prior authorization of the SELLER, is prohibited and constitutes an infringement punishable by Articles L.335-2 et seq. and Articles L.713-1 et seq. of the Intellectual Property Code.

Acceptance of these GTCS implies recognition by the CUSTOMER of the SELLER's intellectual property rights and commitment to respect them.

ARTICLE 18. VALIDITY OF GENERAL TERMS

Any modification of current legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms shall not affect the validity of these General Terms. Such modification or decision does not in any case authorize CUSTOMERS to disregard these General Terms.

All conditions not expressly treated herein generally shall be governed in accordance with the usage of the retail sector for companies whose registered office is located in France.

ARTICLE 19. MODIFICATION OF GENERAL TERMS

These General Terms apply to all purchases made online on the SITE, as long as the SITE is available online.

The General Terms are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Terms are those in force at the time of the order.

Modifications made to the General Terms will not apply to PRODUCTS already purchased.

ARTICLE 20. JURISDICTION AND APPLICABLE LAW

THESE GENERAL TERMS AS WELL AS THE RELATIONS BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW.

IN THE EVENT OF A DISPUTE, ONLY FRENCH COURTS SHALL HAVE JURISDICTION.

However, prior to any recourse to an arbitral or state judge, the Client is invited to contact the SELLER's complaints department.

If no agreement is reached or if the CUSTOMER proves having tried, beforehand, to resolve their dispute directly with the SELLER by a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon the occurrence of any conflict relating to this contract, including regarding its validity.

To initiate this mediation, the CUSTOMER can contact the SELLER's mediator: Julian SIDONIO, whose contact details are: [email protected] and who can be seized via this link: www.mollybracken.com.

The party wishing to implement the mediation process must previously inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict.

Mediation not being mandatory, the CUSTOMER or the SELLER may withdraw from the process at any time.

IN THE HYPOTHESIS WHERE MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE THAT COULD HAVE GIVEN RISE TO MEDIATION SHALL BE ENTRUSTED TO THE COMPETENT JURISDICTION DESIGNATED ABOVE.

Principle of withdrawal

The CUSTOMER has in principle the right to withdraw by returning or restituting the PRODUCT to the SELLER.

To do this, the PRODUCT must be returned or restituted without undue delay, and at the latest within fourteen (14) days following the communication of their decision to withdraw, unless the SELLER proposes to collect the PRODUCT themselves.

Withdrawal period

In accordance with Article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.

In the case where the CUSTOMER has ordered several PRODUCTS via a single order giving rise to multiple DELIVERIES (or in the case of an order for a single PRODUCT delivered in several lots), the withdrawal period will expire fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last delivered PRODUCT.

If the CUSTOMER's order covers several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT.

Notification of the right of withdrawal

To exercise their right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the CUSTOMER must notify their decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax, or email) to: 68 rue d'hyeres 83140 Six Fours les plages, FRANCE or [email protected].

They may also use the form below:

For the withdrawal period to be respected, the CUSTOMER must transmit their communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

In case of withdrawal by the CUSTOMER, the SELLER undertakes to refund all sums paid, including delivery costs (with the exception of additional costs arising, where applicable, from the CUSTOMER's choice of a delivery method other than the standard delivery method proposed by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER receives the returned PRODUCT. (Article L.221-24 of the Consumer Code).

The SELLER will proceed with the refund using the same means of payment as that used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different means; in any event, this refund will not incur costs for the CUSTOMER.

The SELLER is not required to reimburse additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method proposed by the SELLER.

The SELLER may defer the refund until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being that of the first of these facts.

Return terms

The CUSTOMER must, without undue delay and, in any event, no later than fourteen (15) days after communicating their decision to withdraw from this contract, return the good to: 289 boulevard de Lery, 83140 Six Fours les Plages, FRANCE.

This deadline is deemed met if the CUSTOMER sends back the good before the expiry of the fourteen (14) day period.

Return costs

The CUSTOMER must bear the direct costs of returning the good.

In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by Post, the CUSTOMER must bear the direct costs of returning the good.

State of the returned good

The PRODUCT must be returned following the SELLER's instructions and notably include all delivered accessories.

The CUSTOMER is only liable for the depreciation of the good resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT but their liability may be engaged if they proceed with manipulations other than those that are necessary.

Exclusions of the right of withdrawal

The right of withdrawal is excluded in the following hypotheses:

• Supply of goods or services whose price depends on fluctuations in the financial market
• Supply of goods made to the CUSTOMER's specifications or clearly personalized
• Supply of goods liable to deteriorate or expire rapidly
• Supply of sealed audio or video recordings or software which were unsealed after delivery
• Newspaper, periodical, magazine (except subscription contract)
• Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the contract provides for a specific date or period of performance
• Supply of goods which are, after delivery, according to their nature, inseparably mixed with other items
• Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and were unsealed by the CUSTOMER after DELIVERY
• The supply of alcoholic beverages whose price was agreed at the time of the conclusion of the sales contract, the delivery of which can only be carried out after 30 days and whose actual value depends on fluctuations in the market beyond the SELLER's control
• Supply of digital content not supplied on a tangible medium if the performance has begun with the consumer's prior express consent, who also acknowledged that they will thereby lose their right of withdrawal
• Contracts concluded at a public auction

Delivery Zone

The proposed PRODUCTS can only be delivered within the TERRITORY.

It is impossible to place an order for any delivery address located outside this TERRITORY.

The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER indicated during the order process.

Shipping time

The times for preparing an order then establishing the invoice, before shipping PRODUCTS in stock, are mentioned on the SITE. These times exclude weekends or public holidays.

An electronic message will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address appearing in the registration form is correct.

Delivery Times & Costs

During the order process, the SELLER indicates to the CUSTOMER the possible shipping times and formulas for the purchased PRODUCTS.

Shipping costs are calculated according to the delivery method.
The amount of these costs will be due by the CUSTOMER in addition to the price of the purchased PRODUCTS.

Details of delivery times and costs are detailed on the SITE.

Failing indication or agreement regarding the delivery date, the SELLER delivers the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).

DELIVERY Terms

The package will be handed over to the CUSTOMER against signature or deposited in a mailbox.

In case of absence, a delivery notice will be left for the CUSTOMER, to allow them to pick up their package at their post office.

DELIVERY Problems

The CUSTOMER is informed of the fixed delivery date at the moment they choose the carrier, at the end of the online order procedure, before confirming the order.

It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable time and in case of non-delivery within this time, they may terminate the contract.

The SELLER will refund, without undue delay from receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same payment method as that used by the CUSTOMER to purchase the PRODUCTS.

The SELLER is responsible until the delivery of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.