Legal Notices & General Conditions of Sale and Use

GENERAL TERMS AND CONDITIONS OF SALE AND USE (GTCU) - CONSUMERS - INTERNET

PREAMBLE  - General Provisions - Scope of application

These General Conditions of Sale and Use ("the GTCSU) of the company Ecom-Web3 ("the Seller or the Company") to consumers and non-professional buyers ("the Customers or the Customer"), wishing to acquire the products offered for sale online by the Seller ("the Products") on the website: France-Tendance.com ("the Site").

They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

These T&Cs may be supplemented by specific conditions, set out on the website, before any transaction with the Client.

These General Terms and Conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the France-Tendance.com website and will prevail, where applicable, over any other version or any other contradictory document.

These T&Cs may be subject to subsequent modifications; the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.

Amendments to these T&Cs are binding on users of the France-Tendance.com website from the time they are posted online and cannot apply to transactions concluded previously.

EXCLUSION: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they act in the name or on behalf of another professional, are expressly excluded from the scope of these General Terms and Conditions.

Professionals wishing to place an order with the Company are invited to contact us directly.

Consequently, these General Terms and Conditions apply to any order placed by an adult natural person acting as a consumer. The Customer therefore certifies that he or she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity. He or she acknowledges that he or she has full capacity to commit when placing an order and undertakes to provide truthful information regarding his or her identity.

Any order placed on the France-Tendance.com website implies prior and unrestricted acceptance of these General Terms and Conditions, which are subject to French law. These General Terms and Conditions are therefore an integral part of the contract between the Customer and the Company. They are fully binding on the Customer, who declares having read and accepted them, without restriction or reservation, before placing the order.

The Customer visiting the Site and interested in the Products offered by the Seller is invited to read these T&Cs carefully, to print them and/or to save them on a durable medium, before placing an order on the Site.

ARTICLE 1: General Conditions of Use

The purpose of these general conditions of use is to provide a legal framework for the terms and conditions of provision of the Site and services by the Seller and to define the conditions of access and use of the services by the Customer.

This Site offers the following products: electronic equipment, textiles, beauty products, costume jewelry, DIY tools, clothing, bags, shoes and accessories, office equipment, lighting, decorative objects, gadgets, toys, video games, sporting goods.

1. Legal notices.

The Site is published by the company Ecom-Web3 with a capital of 1,000 euros, registered with the Paris Trade and Companies Register under number 922 195 797, whose head office is located at 60, rue François 1 ^er – 75008 PARIS.

Telephone number: 0891 030 530

Email address: contact@france-tendance.com

The Director of Publication is: Mr. Julien GUERRA - contact: contact@france-tendance.com

Intra-community VAT number: FR60922195797

The Site is hosted by SHOPIFY – 151 O'Connor Street Ground Floor K2P 2L8. Ottawa, 613 241-28228, Canada

1. Access to the Site

The Site allows the User free access to the following services:

• Purchase of products related to fashion (women, men, children), fashion accessories, decoration, office, electronic equipment, beauty products, etc.

The Site is accessible free of charge anywhere to any Customer with Internet access. All costs incurred by the Customer to access the service (computer hardware, software, Internet connection, etc.) are their responsibility.

1. Intellectual property

The brands, logos, signs and all content of the Site (texts, images, sound, etc.) are protected by the Intellectual Property Code and more specifically by copyright.

The User must request prior authorization from the Site for any reproduction, publication, or copying of the various contents. The User agrees to use the contents of the Site in a strictly private context; any use for commercial or advertising purposes is strictly prohibited.

Any total or partial representation of this Site by any process whatsoever, without the express authorization of the operator of the Internet Site would constitute an infringement punishable by article L 335-2 and following of the Intellectual Property Code.

It is recalled in accordance with article L122-5 of the Intellectual Property Code that the User who reproduces, copies or publishes protected content must cite the author and its source.

1. Responsibility

The sources of information disseminated on the Site are deemed reliable but the Site does not guarantee that it is free from defects, errors or omissions.

The information provided is provided for informational and general purposes only and has no contractual value. Despite regular updates, the Site cannot be held responsible for changes to administrative and legal provisions occurring after publication. Similarly, the Site cannot be held responsible for the use and interpretation of the information contained in this Site.

The Site cannot be held responsible for any viruses that may infect the computer or any computer equipment of the Internet user, following use of, access to, or downloading from this Site.

The Site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable act of a third party.

1. Hyperlinks

Hypertext links may be present on the Site. The User is informed that by clicking on these links, he will leave the Site . The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be responsible for their content.

1. Cookies

The User is informed that during his visits to the Site, a cookie may be automatically installed on his browser software.

Cookies are small files temporarily stored on the User's computer hard drive by your browser and are necessary for the use of the Site. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User's visit, others remain.

The information contained in cookies is used to improve the Site.

By browsing the Site, the User accepts them.

The User may deactivate these cookies via the settings in their browser software.

ARTICLE 2 – Conclusion of the online contract

2.1. Order placement process

To purchase one or more Products on the Site, the Customer selects each Product and adds it to their basket. Once their selection is complete, they must confirm their basket to proceed to the order ( ^1st click)

The choice and purchase of a Product are the sole responsibility of the Customer.

At this stage, the Client is redirected to a page containing:

• A summary of the selected Products and the corresponding prices. It is then up to the user to check and possibly correct the contents of their basket.

At this stage, the Customer should read these General Terms and Conditions very carefully before confirming the entire order.

In fact, the validation of the order after verification of the basket ( ^2nd click) constitutes the conclusion of the distance contract (“the Contract”) and the Customer acknowledges that the ^2nd click entails an obligation to pay on his part.

The Customer is then redirected to the payment page. They can choose between the different payment methods offered and proceed to pay for their order, after verifying it.

After the ^third click, the user is then directed to the "information" page, where they enter their email address, first name, last name, company (optional), delivery address, and telephone number. They are then invited to click on the "continue to shipping" button.

The Customer must then choose the shipping method for the order.

After having validated his order and made his payment, the Customer receives, at the email address he provided, a confirmation message from the Company.

Then, as soon as the order is processed, a second message is sent to him containing:

• The summary of his order (Product selected, price, terms and delivery costs);
• The precise identification of the Seller and its activity;
• The order number and the link to know the delivery status.

If the order confirmation is not received, the Customer is recommended to contact the Company using the contact information provided on the Site.   

The Customer then receives a purchase invoice sent electronically, which the Customer expressly accepts.

The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.

Except in the case of exercising the right of withdrawal or in cases of force majeure, requests for cancellation or any modifications to the order by the Customer may only be taken into account by the Company within the limits of its possibilities and provided that they are notified by email (contact@france-tendance.com) to the Company within 24 hours of receipt of confirmation of the order by the Customer, and this at no cost to the Customer.

2.2 Cases of refusal to validate the order by the Company

The Company reserves the right to refuse any order for any legitimate reason, including for example:

• Order not in accordance with the General Terms and Conditions;
• Quantities ordered not corresponding to normal use by a consumer Customer;
• Non-payment of a previous order or ongoing dispute regarding a previous order;
• Suspicion of fraud on the order (supported by a bundle of consistent evidence).
  
  

ARTICLE 3 – Specification and availability of Products

3.1 Product Specifications

The essential characteristics of the Products and their respective prices are made available to the Customer on the Company's Website, as well as, where applicable, information on the use of the Product.

Although the Company takes reasonable care to ensure that the specifications are accurate, the specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Accordingly, the Company accepts no liability for any errors that may be contained in the specifications.

The specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. and cannot engage the responsibility of the Seller. The period of validity of the offer of Products as well as their prices are specified on the Company's Website.

3.2 Availability of Products

Product offers are valid while stocks last at the Company's suppliers. This availability of Products is normally indicated on the specific Product page.

However, to the extent that the Company does not reserve stock (except in special cases of Products indicated as pre-ordered on the Product sheet), adding a Product to the basket does not absolutely guarantee the availability of the Product or its price.

In the event that a Product becomes unavailable after the Customer's order has been validated, the Company will immediately inform the Customer by email. The order will be automatically cancelled and the Company will refund the price of the Product initially ordered, as well as any amount paid for the order.

However, if the order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.

ARTICLE 4 – Price of Products

4.1 Reference prices indicated on the Site

The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Failing this, it is a price determined based on the prices at which the Product is commonly sold in a range of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the range of retailers is modified.

4.2 Modification of prices indicated on the Site

Product prices are indicated on the Product description pages. They are indicated excluding tax, customs duties, and shipping costs. The Company reserves the right to modify Product prices at any time, in compliance with applicable legislation.

The Products ordered will be invoiced on the basis of the price in effect on the site at the time the order is validated.

4.3 Product prices

To the extent that the Products ordered are imported from abroad (outside the European Union), the prices of the Products sold through the Website are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the Product description pages. They are also indicated in Euros excluding taxes (excluding VAT and customs duties), unless otherwise indicated, on the product order page, and excluding specific shipping costs.

The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be entirely borne by the Customer, who is liable for these taxes as the recipient of the Product.

The prices of the Products do not include the costs of packaging, conditioning, shipping, transport, insurance and delivery to the delivery address.

4.4 Payment of taxes

The Customer is solely responsible for the process of declaring and paying import VAT when clearing the Product through customs. The Customer may be required to pay import VAT. To the extent that this tax is not the responsibility of the Company, it will not be liable for reimbursement of this tax.

For all products shipped outside the European Union and/or the French Overseas Territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes, import duties, or state taxes may be payable in certain cases. The Company has no control over these duties and amounts.

These will be the responsibility of the Client and are their responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Client to inquire about these aspects with the relevant local authorities.

ARTICLE 5 – Payment of the price of the products

5.1 Time of payment

Payment of the full price of the order must be made immediately after validation of the order.

5.2 Payment methods

To pay for their order, the Customer can choose between different payment methods:

• Payment by credit card:

Only bank cards linked to a banking institution located in France or international bank cards (Visa, MasterCard, American Express) are accepted. The Customer guarantees the Company that he/she has the necessary authorizations to pay with the bank card used. He/she expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his/her bank card number constitutes authorization to debit his/her account for the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the order.

Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and the return of the corresponding amounts.

Payments by credit card are made via a secure payment platform and the bank card information communicated benefits from the SSL encryption process.

• Payment via Paypal/Shop pay

Payment by Paypal or Shop pay is accepted by the Company.

It is emphasized that in the event of recourse to this payment method, the General Conditions of Use of Paypal or Shop pay, which are available on their site, are added to these General Conditions of Use.

Generally speaking, in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment of the order, the Company reserves the right to suspend and/or cancel said order.

The Company reserves the right to suspend any payment method at any time, particularly in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous order.

The Company reserves the right to implement an order verification procedure to ensure that no person uses another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send the Company by email or post a copy of an identity document, proof of address and a copy of the bank card used for payment. Precise information on the exact content of the information requested (to preserve the confidentiality of their data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.

ARTICLE 6 – Delivery – Customs clearance – Receipt

6.1 Delivery of the Product - Delivery

Delivery of the Product

Delivery of the Products means the transfer to the Customer of physical possession or control of the Products ordered.

In accordance with the provisions of Article L 216-4 of the Consumer Code, the delivery of the Products is accompanied by the delivery of the instructions for use, the installation instructions and a document mentioning the possibility of making reservations as well as the commercial guarantee.

Delivery

Before confirming the order, the Company will provide the Customer with information regarding the various delivery methods and their respective rates. Following the Customer's choice of delivery method, the Company will provide the Customer with an estimate of the delivery time.

The Company will make every effort to ensure that the Product(s) are delivered no later than the scheduled delivery date. In the event of any difficulty, the Company undertakes to communicate promptly with the Customer to inform them and seek an appropriate solution with them.

Air transport, shipping and/or delivery of the Product(s) will be fully covered by the Customer ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer when ordering. However, any customs charges are not included in the price invoiced to the Customer by the Company.

Depending on the terms chosen by the Customer, delivery will be made either to the address specified by the Customer or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to carefully check the delivery information provided, as they remain solely responsible in the event of non-delivery due to incomplete or incorrect information.

Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.

The Customer therefore acknowledges that it is the carrier's responsibility to carry out delivery and has no recourse under warranty against the Seller in the event of failure to deliver the transported goods.

6.2 Customs clearance

When purchasing, the Customer purchases the product tax-free and becomes the importer of the purchased product in his capacity as recipient of the Product.

He is therefore particularly responsible for the import and customs clearance processes of the product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value exceeding €150).

The Customer is solely responsible for the customs duty declaration process when clearing the Product through customs. These customs duties, which are not invoiced to the Customer by the Company, are not the responsibility of the Company. The latter cannot therefore be held liable for the reimbursement of these duties.

6.3 Reception

Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.

If an anomaly is found, the Customer must contact the Company's Customer Service within 30 days (excluding public holidays) following the date of receipt of the Product. Any claim filed after this time limit cannot be processed.

ARTICLE 7 – Withdrawal

7.1 Principle and deadline

The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his order. In the event of an order for several Products, the period starts from the receipt of the last Product.

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer.

7.2 Exclusions

In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:

• Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
• Supply of goods made to the consumer's specifications or clearly personalized;
• Supply of goods liable to deteriorate or expire rapidly;
• Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• For the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
• Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
• The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• For the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
• Concluded at public auction.

7.3 Conditions for exercising the right of withdrawal

To exercise his right of withdrawal, the Client must inform the Company of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending an unambiguous declaration expressing his intention to withdraw within the 14-day period mentioned above.

Standard model of withdrawal form:

For the attention of Ecom-Web3 Company (https://france-tendance.com), Customer Service, 60 rue François 1 ^er – 75008 PARIS.

I, the undersigned ______, hereby notify you of my withdrawal from the contract for the sale of the Product below:

• Product Name:
• Date of order and receipt:
• Order number:
• Client Name:
• Customer Address:
• Client Signature: (only if this form is notified on paper)
• Date :

This form must be sent to the Company at one of the following addresses:

• For electronic submission, please send to: contact@france-tendance.com
• For paper submission, to Ecom-Web3 – 60 rue François 1 ^er – 75008 PARIS

The Customer has 14 days from receipt of their order to send us their withdrawal form and return their item(s) to the Company in their original packaging, with return costs being the sole responsibility of the Customer.

The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow them to be resold by the Company. In the event of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.

In the event of return of the Product under the conditions provided for by law and these General Terms and Conditions, the Company will reimburse the entire amount paid by the Customer, including delivery costs, within 14 days of notification of withdrawal, unless the Product is returned after. In this case, the Company will only reimburse after receipt and verification of the condition of the returned Product.

This reimbursement will be made using the same means of payment as that used by the Customer to pay for the order, unless the Customer expressly agrees to another means of payment.

ARTICLE 8 – Guarantees

8.1 Legal guarantees

The Company remains liable for defects in conformity of the Product in accordance with the provisions of Articles L.217-4 et seq. of the Consumer Code as well as for hidden defects in the item sold in accordance with Articles 1641 et seq. of the Civil Code.

When acting within the framework of the legal guarantee of conformity (as provided for by articles L.217-4 et seq. of the Consumer Code), the Consumer Client:

• has a period of 2 years from the date of issue to act,
• may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code
• is exempt from providing proof of the existence of the lack of conformity during the 24 months following delivery of the goods if the Product is new, and during the 6 months following delivery if the Product is sold second-hand.

The Customer may also decide to act under the legal guarantee against hidden defects within the meaning of Article 1641 of the Civil Code. The Customer may choose between cancellation of the sale or a price reduction, in accordance with Article 1644 of the Civil Code.

These legal guarantees apply independently of any contractual guarantee.

Reproduction of applicable texts

L.217-4 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 liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or carried out under his responsibility."

L.217-5 Consumer Code

“The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where 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 can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or in the labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

L.217-9 Consumer Code

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless impossible, according to the option not chosen by the buyer."

L.217-12 Consumer Code

“The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.”

1641 of the Civil Code

"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."

1648 paragraph 1 of the Civil Code

“The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”

8.2 Manufacturer's Warranty

Certain Products on sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not a direct party.

The existence of this type of guarantee is mentioned, where applicable, on the specific Product page.

If the Customer wishes to use this guarantee, he/she should notify the Company by contacting Customer Service and should consult the terms of application of the guarantee, which are generally included in the box concerning the Product.

It is recalled that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.

8.3. Mandatory reminder in view of the provisions of article D. 211-2 of the Consumer Code

The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.

The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them.

If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if:

^1. The professional refuses to repair or replace the goods;

^2. The repair or replacement of the goods takes place after a period of thirty days;

^3. The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;

^4. The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand.

The consumer is not entitled to cancel the sale if the lack of conformity is minor.

Any period of immobilization of the property for the purpose of repair or replacement suspends the warranty which remained to run until delivery of the repaired property.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.

A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the item is kept or to a full refund upon return of the item.

ARTICLE 9 – Protection of personal data

As part of the commercial relationship, the Company, the data controller, collects a certain amount of mandatory personal data (including, in particular, surname, first name, delivery address, etc., marked with an asterisk) which are absolutely necessary for processing the order, managing the commercial relationship, producing statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.

Failure by the Customer to provide this information would make it impossible to process the order.

This data is intended for internal use by the Company but may be transmitted to companies that contribute to the performance of the service, including in particular those that ensure the delivery of Products or ensure the processing of payments.

Regarding this personal data, the Client has several rights:

• Right of access to personal data concerning him/her;
• Right to rectification and deletion if personal data is inaccurate, incomplete, ambiguous, out of date or if the collection, use, communication and retention of certain data is prohibited;
• Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
• Right to object to the processing of data (particularly in the case of processing for commercial prospecting)
• Right to formulate post-mortem directives concerning the retention, erasure and communication of your personal data
• Right to withdraw consent to the performance of certain processing operations (processing operations carried out before the withdrawal of consent remain lawful)
• Right to file a complaint with the CNIL.

To exercise his rights, the Client may send a request to the Company, by letter addressed to the Company Ecom-Web3 – 60 rue François 1 ^er 75008 PARIS or by email to the address “contact@france-tendance.com”.

The request must include the Client's email address, surname, first name, postal address and must be accompanied by a copy of both sides of the Client's identity document.

A response will be sent to him within one month of receipt of the request.

ARTICLE 10 – Intellectual property rights

Unless otherwise specifically stated on a Product page, sales of Products on the Website do not entail any transfer of intellectual property in the Products sold.

The trademarks, 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 Company or their initial owner. No transfer of intellectual property rights is made through these General Terms and Conditions.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 – Force majeure

The Company shall not be held liable for failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent its performance within the meaning of Article 1218 of the Civil Code. The Company shall notify the customer of the occurrence of such an event as soon as possible.

ARTICLE 12 – Exclusion of liability

Notwithstanding anything to the contrary set out herein, the Company shall not be liable under any circumstances for any loss or damage due to improper use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the Company.

ARTICLE 13 – Suspension – Termination of account

The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the General Terms and Conditions or, in general, the applicable legal provisions, without prejudice to any damages that the Company may seek.

Any person whose account has been suspended or closed will not be able to order subsequently or create a new account on the website without the prior authorization of the Company.

ARTICLE 14 – Archiving – Proof

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

With each order, the order summary is sent by email to the Customer and archived on the Company's website.

The archiving of communications between the Company and the Client is carried out on computerized registers which are kept for 5 years under reasonable security conditions. These registers, on which the exchanges are recorded on a reliable and durable medium, are considered as proof of the communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.

The archiving of communications, the order, order details, as well as invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.

The Client will have access to the archived elements upon simple request to the address contact@france-tendance.com

ARTICLE 15 – Nullity and modification of the T&Cs

If any of the provisions of these General Terms and Conditions of Sale are null and void, they will be deemed unwritten, but will not result in the nullity of all contractual provisions.

Any tolerance on the part of the Company, in the application of all or part of the commitments made within the framework of these General Terms and Conditions, whatever their frequency and duration, cannot constitute a modification of the General Terms and Conditions, nor generate any right whatsoever for the Client.

ARTICLE 16 – Applicable law – Dispute resolution

These General Terms and Conditions and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text will be authoritative in the event of a dispute.

ARTICLE 17 – Disputes

All disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions of Sale may give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.

In the absence of a solution found directly with Customer Service, the Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1).

The European Commission has set up a dispute resolution platform to receive complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national ombudsman. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/ .

ARTICLE 18 - Pre-contractual information - Customer acceptance

The Customer acknowledges having been informed by the Seller in a legible and comprehensible manner, by means of the provision of these General Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of article L 221-5 of the Consumer Code:

• on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity allowing it to acquire the Products in full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know the properties and essential characteristics
• on the price of the Products and the application of a personalized price based on automated decision-making and ancillary costs or, in the absence of payment of a price, on any advantage provided instead of or in addition to it and on the nature of this advantage;
• on the terms of payment, delivery and execution of the sales contract;
• in the absence of immediate execution of the sale, on the delivery times of the Products ordered;
• on the identity of the Seller and all of his contact details;
• on the existence and terms of implementation of guarantees (legal guarantee of conformity, guarantee of hidden defects, possible commercial guarantees) and where applicable, on after-sales service;
• on the possibility of using a consumer mediator, whose contact details appear in these General Conditions of Sale, under the conditions provided for in the Consumer Code
• on the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the terms of termination, the processing of complaints and other important contractual conditions and, where applicable, on the costs of using the remote communication technique, the existence of codes of good conduct and financial guarantees and deposits;
• on the accepted payment methods.

The fact that a natural person (or legal entity) orders on the Site implies full adherence to and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.