GENERAL CONDITIONS OF SALE Between the company Elle et lui, 1 rue du Yunic 29160 Crozon, with a share capital of registered in the Trade and Companies Register of Quimper, under the SIRET number 5000088661 represented by Isabelle Kermarrec as manager, duly authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the homepage of the site. Or directly by using the address 1 rue du Yunic 29160 Crozon. Hereinafter the "Seller" or the "Company". On the one hand, and the natural or legal person purchasing products or services from the company, hereinafter referred to as "the Buyer" or "the Customer": PREAMBLE The Seller is a publisher of Products and Services for consumers, marketed through its websites (https://elle-et-lui-fashion.fr/fr/). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites. Article 1: Purpose These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller. Article 2: General provisions The present General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order. The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or first payment in case of multiple payments) of the order. These GTC are available on the Company's website at the following address: https://elle-et-lui-fashion.fr/fr/. The Company also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. The Client declares that it has read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information in order to ensure that the offer meets his/her needs. The Customer declares that he/she is legally capable of contracting under French law or that he/she validly represents the individual or legal entity for which he/she is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions. Article 3: Prices The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the pages describing the Products. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not under the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer's responsibility (declarations, payment to the relevant authorities, etc.). The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary for access to the Company's websites shall be borne by the Client. Where applicable, the delivery costs are also payable by the Client. Article 4: Conclusion of the online contract In accordance with the provisions of Article 1127-1 of the Civil Code, the Client must follow a series of steps to conclude the contract by electronic means in order to be able to place an order: - Information on the essential characteristics of the Product; - Choice of the Product, and, where applicable, its options; - Indication of the Client's essential contact details (identification, email, address, etc.); - Acceptance of these General Terms and Conditions of Sale; - Verification of the elements of the order (double-click formality), and, where applicable, correction of any errors. Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. The confirmation of the order will entail the formation of this contract. - Then, the instructions for payment are followed, payment of the products, and delivery of the order. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. During the ordering process, the customer will have the possibility to identify and correct any errors made in the data entry. The language proposed for the conclusion of the contract is French. The terms and conditions of the offer and the general terms and conditions of sale are sent by email to the buyer when the order is placed and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to submit are available in the "annexed rules" section of these GTC, which can be consulted on the Seller's website at the following address: https://elle-et-lui-fashion.fr/fr/. The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information can be produced as proof of the contract. For delivered products, delivery will be made to the address indicated by the Customer. In order to complete the order correctly, the Customer undertakes to provide truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason. Article 5: Products and services The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites, as well as, where appropriate, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate process, of the prices and particular conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in force indicated on the day of the order, this one not including the shipping costs charged in supplement. These costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The customer certifies that he/she has received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information on the identity of the Seller, his/her postal, telephone and electronic contact details, and his/her activities in the context of this sale. The Seller undertakes to honour the Customer's order within the limits of available stocks of Products only. In the event of failure to do so, the Seller shall inform the Customer; if the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer. The contractual information is presented in detail and in the French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services. Except under special conditions, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address communicated). Article 6: Compliance In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GTCs meet the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains liable for defects in conformity and hidden defects in the product. In accordance with article L.217-4, the seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the Civil Code), the Seller shall refund or exchange defective products or products that do not correspond to the order. The refund can be requested in the following way: filing a complaint at the address 1 rue du Yunic 29160 Crozon. Article 7: Retention of title clause The products remain the property of the Company until full payment of the price. Article 8: Delivery terms The products are delivered to the delivery address that was indicated at the time of the order and within the time limits indicated. These deadlines do not take into account the preparation time of the order. When the Customer orders several products at the same time, these may have different delivery times, which are delivered according to the following methods: delivery via one or more packages. In case of delay in shipment, a complaint must be filed with the address 1 rue du Yunic 29160 Crozon . In the event of late delivery, the Customer has the possibility to cancel the contract under the conditions and procedures defined in Article L 138-2 of the Consumer Code. The Seller shall then proceed to reimburse the product and the "outward" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up the order. The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations about the product delivered. Article 9: Availability and presentation In case of unavailability of an article for a period exceeding 30 working days, you will be immediately warned of the foreseeable delivery times and the order of this article can be cancelled on simple request. The Customer may then request a credit note for the amount of the article or a full refund and cancellation of the order. Article 10: Payment Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or bank check. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his bank details during the sale, the Customer authorises the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by right and the order cancelled. Article 11: Withdrawal period In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of the order. The right of withdrawal can be exercised by contacting the Company in the following way: filing a complaint at the address 1 rue du Yunic 29160 Crozon . We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal may not be exercised for any item for which a manufacturing or delivery process is underway. If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining at the Customer's expense. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you can request the standard form of withdrawal to send us at the following address: filing a complaint at the address 1 rue du Yunic 29160 Crozon . Refund procedure: the refund procedure can be carried out after an investigation of the product(s) purchased, more details filing a complaint at 1 rue du Yunic 29160 Crozon . Article 12: Guarantees In accordance with the law, the Seller assumes the following guarantees: of conformity and relative to hidden defects of the products. The Seller shall reimburse the buyer or exchange the products that appear to be defective or do not correspond to the order placed. The request for reimbursement must be made in the following manner: filing a complaint at the address 1 rue du Yunic 29160 Crozon . The Seller reminds that the consumer: - has a period of 2 years from the delivery of the goods to act with the Seller - can choose between the replacement or repair of the goods subject to the conditions provided by the provisions mentioned above. apparently defective or not corresponding - is exempted from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods. - that, except for second-hand goods, this period will be extended to 24 months from 18 March 2016 - that the consumer may also assert the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code). Additional guarantees : _____ (describe your additional guarantees) Article 13: Complaints and mediation If necessary, the Buyer may make any complaint by contacting the company using the following contact details filing a complaint at the address 1 rue du Yunic 29160 Crozon . In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code. In case of failure of the request for complaint to the customer service of the Seller, or in the absence of answer within two months, the consumer can submit the dispute to a mediator who will try in all independence to bring the parties together in order to obtain an amicable solution. Article 14: termination of the contract The order may be terminated by the buyer by registered letter with acknowledgement of receipt in the following cases: - delivery of a product that does not comply with the characteristics of the order; - delivery beyond the deadline set at the time of the order or, in the absence of a date, within thirty days of payment; - an unjustified price increase or modification of the product. In these cases, the buyer can demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit. Article 15: Intellectual property rights The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited. Article 16: Force majeure The performance of the seller's obligations under these terms and conditions is suspended in the event of the occurrence of an act of God or force majeure that would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible. Article 17: Nullity and modification of the contract If one of the stipulations of the present contract were to be cancelled, this nullity would not entail the nullity of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties. Article 18: Protection of personal data In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements a processing of personal data which has as its purpose the sale and delivery of products and services defined in this contract. The Buyer is informed of the following elements: - the identity and contact details of the data controller and, where applicable, the data controller's representative: the Seller, as indicated at the top of these GTCs; - the contact details of the data protection officer: ....... - the legal basis of the processing: contractual performance - the recipients or categories of recipients of the personal data, if any: the controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in the delivery and sales operations as well as any authority legally authorized to access the personal data in question - no transfer outside the EU is foreseen - the period of retention of the data: the time of the commercial prescription - the data subject has the right to request from the controller access to personal data, rectification or erasure of personal data, or a limitation of the processing relating to the data subject, the data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process. Article 18: Applicable law and clauses All clauses in these general terms and conditions of sale, as well as all purchase and sale operations referred to herein, shall be subject to French law. The nullity of a contractual clause does not entail the nullity of these general conditions of sale. Article 19: Consumer information For the purposes of consumer information, the provisions of the Civil Code and the Consumer Code are reproduced below: Aricle 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them. Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity. Article L. 217-4 of the Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility. Article L. 217-5 of the Consumer Code: The goods are in conformity with the contract: 1° If they are fit for the purpose usually expected of similar goods and, if applicable : - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention. In no case the automatic generation of this document can replace the work of a lawyer or any expert in the field, it is an aid to the drafting and good basis to start. The sharing of the GTC on your website is your responsibility, it is up to you to adapt the particular points according to your field.