General terms and conditions of sale

These terms and conditions apply to all the sites (referred to above as "the Sites") published by QUAI DES CELESTINS:

https://shop.claudeparis.com

QUAI DES CELESTINS, a simplified joint stock company with a capital of €9,050, whose registered office is at 207 rue du Faubourg Saint-Martin - 75010 Paris, registered with the Paris Trade and Companies Register under number 522 306 265, with intra-community VAT number FR1 352 2306 265 (hereinafter "Quai des Célestins").

I. APPLICATION OF THE GENERAL CONDITIONS OF SALE

The general terms and conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") with Quai des Célestins by any person (the "Customer").

The Customer must read the GTC before placing any order (the "Order"), the GTC being available on the Site.

Quai des Célestins reserves the right to adapt or modify these GTC at any time. The version of the GTC applicable to any sale is the one appearing online on the Sites at the time of the Order. Consequently, placing an Order requires the Customer's full prior and unconditional acceptance of the GTC by clicking on the "I have read and accept the general terms and conditions of sale" button.

II. SITE INFORMATION AND ACCESSIBILITY OF THE SITE

The site, https://shop.claudeparis.com is an e-commerce site owned and operated by Quai des Célestins.

The Website is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by Quai des Célestins or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure (as defined below). Quai des Célestins cannot be held responsible for any damage, of whatever nature, resulting from the unavailability of the Site.

Quai des Célestins does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. In this respect, it may freely determine at its own discretion any period of unavailability of the Site or its content. Quai des Célestins cannot be held responsible for problems of data transmission, connection or unavailability of the network.

Quai des Célestins reserves the right to modify the Site for technical or commercial reasons. When these modifications do not alter the conditions of the supply of services in a substantial and negative manner, the Client may be informed of the modifications made, but his acceptance is not requested.

III. REGISTRATION ON THE SITE

In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer's details (the "Customer Account").

The Customer's registration on the Site is validated after verification of the standard form completed by the Customer. The Customer receives a registration confirmation e-mail.

When creating an Account, the Customer must ensure that the information provided is accurate and complete. The Client is obliged to always update his personal information. In the event of an error in the wording of the recipient's details, Quai des Célestins cannot be held responsible for the impossibility of delivering the Products.

By registering on the Site, the Client declares and guarantees to Quai des Célestins that he/she is of legal age and has the legal capacity to contract.

Quai des Célestins may delete the Customer's Account at any time, for any reason, at its sole discretion.

IV. PRODUCTS

The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, Quai des Célestins cannot be held responsible for any error in the updating, whatever its origin. In this respect, Quai des Célestins cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.

Quai des Célestins takes the greatest care in the presentation and description of its Products in order to provide the Customer with the best possible information. It is however possible that errors may appear on the Site, which the Customer acknowledges and accepts.

Quai des Célestins does not guarantee the accuracy or security of information transmitted or obtained through the Site.

It is specified that Quai des Célestins only accepts the return of intact and unopened Products, these two conditions being checked before the returned Products are put back into stock.

V. ORDERS

The placing of an Order on the Site is subject to compliance with the procedure put in place by Quai des Célestins on the Site, which includes successive stages leading to the validation of the Order.

The Customer may select as many Products as he/she wishes to add to the basket (the "Basket"). The Basket shall contain a summary of the Products selected by the Customer, together with the prices and charges relating thereto. The Customer shall be free to modify the Basket before validating the Order. Validation of the Order confirms the Customer's acceptance of the General Terms and Conditions of Sale, the Products purchased, their prices and the associated costs.

A confirmation email summarising the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Client by Quai des Célestins. To this end, the Client formally accepts the use of electronic mail for confirmation by Quai des Célestins of the content of his/her Order. Invoices are available in the "my account" section of the Site.

VI. REFUSAL TO PROCESS AN ORDER

Quai des Célestins reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the latter. Despite Quai des Célestins' best efforts to satisfy its clients' expectations, Quai des Célestins may refuse to process an Order after having sent the Client the confirmation e-mail summarising the Order.

Quai des Célestins shall not be held liable to the Customer or a third party for the harmful consequences of the removal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process an Order after the confirmation e-mail summarising the Order has been sent.

Quai des Célestins also reserves the right to refuse or cancel any Sales Order placed by a client with whom it has a dispute over the payment of a previous order.

VII. PRICES AND PAYMENT TERMS

The prices of the products are indicated on the Site in euros, including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier.

All prices shown are calculated and include the value added tax (VAT) applicable in France.

Quai des Célestins reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.

The Products are payable in cash at the time of the actual Order.

Payment of purchases is made either via the secure Paypal platform, or via the secure ALMA platform for payment in several instalments.

The Client expressly acknowledges that the communication of his/her bank card number to Quai des Célestins is equivalent to authorising the debiting of his/her Account for the price of the Products ordered. Where applicable, Quai des Célestins will send the Client notification of the cancellation of an Order due to non-payment at the email address provided by the Client when registering on the Site.

The data recorded and kept by Quai des Célestins constitutes proof of the Order and of all sales made. The data recorded by Paypal or ALMA constitutes proof of any financial transaction between the Client and Quai des Célestins.

VIII. DELIVERY

Deliveries are made by La Poste's Colissimo service, from Monday to Saturday, by Chronopost within 24 hours and by Mondial Relay, depending on the option chosen by the Customer when validating his/her Order.

Delivery means the transfer of physical possession of the Products to the Customer (the "Delivery").

The delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the "Delivery" section.

When Quai des Célestins handles the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of delivery.

Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). Delivery cannot be made to hotels or post office boxes.

In the event that Delivery is not possible due to an incorrect delivery address or failure by the Customer to collect the Order, the Customer may choose to have the Order returned or to be refunded.

Quai des Célestins delivers the Orders within a maximum of twelve (12) working days for a Delivery in Metropolitan France and twenty (20) working days for an international Delivery, this period being counted from the first working day after the validation of the Order (please note that Quai des Célestins does not deliver Products to the following countries Canada). The day after a special operation is put online and from 23 November to 31 December, the delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.

In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

Quai des Célestins cannot be held responsible for any delay in delivery that is not its fault or that is justified by a case of force majeure (as defined below).

If the delivery time is exceeded, the Client may request the cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum period of fourteen (14) days of the request. Notwithstanding the above, Quai des Célestins may not be held responsible for the damaging consequences of a delay in delivery, only the reimbursement of the Product by Quai des Célestins being possible to the exclusion of any other form of compensation.

IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS

9.1. Time limit and procedures for exercising the right of withdrawal

In accordance with article L.221-18 of the French Consumer Code, the non-professional Customer has a period of fourteen (14) days from the date of receipt of the Order to exercise his/her right of withdrawal from Quai des Célestins, without having to give any reason for his/her decision.

9.2 Terms and conditions for returning the Order under the right of withdrawal

The right of withdrawal is exercised without penalty.

The Customer shall return the Order at its own expense, without undue delay and, at the latest, within fourteen (14) days of communicating its decision to withdraw, in accordance with Article L. 221-21 of the French Consumer Code.

After this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original, new, unopened condition.

9.3. Reimbursement for Products returned under the right of withdrawal

The reimbursement of the Order by Quai des Célestins is made at the latest within 72 hours from the date on which the Parcel is received by the logistics team.

Quai des Célestins shall make the refund using the same means of payment as the one used to pay for the Order, unless the Client expressly agrees that it may use another means of payment and insofar as the refund does not incur any costs for the consumer.

If the Client fails to comply with these GTC, Quai des Célestins will not be able to reimburse the Products concerned. In all cases, the return costs are at the expense of Quai des Célestins if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.

X. GUARANTEES - LIMITATION OF LIABILITY

The liability of Quai des Célestins with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. Quai des Célestins shall in no case be liable for the following losses, regardless of their origin:

• loss of income or sales
• operating loss
• loss of profits or contracts
• expected loss of savings
• data loss
• loss of work or management time
• image damage
• loss of opportunity, in particular to order a Product,
• moral damage.

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, except for the warranties provided by law.

Quai des Célestins does not provide any guarantee concerning any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or interfere with the proper functioning thereof, including any transmission resulting from the downloading of any content by the Customer, the software used by the Customer to download content, or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer, destroy or otherwise impair the functionality of a computer or interfere with the proper working of a computer, including any transmission resulting from a download of any content by the Customer, the software used by the Customer to download the content, the Site or the server that makes it available. In this regard, the Customer acknowledges that it is the Customer's responsibility to install appropriate anti-virus and security software on its computer hardware and other devices to protect them from bugs, viruses or other such harmful programming routines.

The Customer acknowledges that he/she assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that he/she is solely responsible for any damage to his/her computer system or loss of data that results from the download of such content.

Quai des Célestins is only obliged to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (i) they must be in conformity with the description and possess the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this type are generally designed; (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same type and that can reasonably be expected.

In addition, Quai des Célestins guarantees consumers against defects in conformity and hidden defects for the Products on sale on the Site under the following conditions:

Apparent defect - Warranty - Legal conformity - Hidden defects

The presence of an apparent defect on a Product must give rise to a complaint by e-mail ([email protected]).

The Customer must comply with the procedure relating to the right of withdrawal by informing Quai des Célestins in advance by all means of the existence of this apparent defect, so that the return can be accepted.

Subject to the validation of a non-conformity or a defect by Quai des Célestins or the manufacturer as the case may be, the Customer benefits from the following guarantees:

Quai des Célestins, whose registered office is located at 207 rue du Faubourg Saint-Martin - 75010 Paris, France, acts as guarantor in accordance with the provisions of articles L 217-5 et seq. of the French Consumer Code and 1641 et seq. of the French Civil Code.

Thus the Client :

• shall have a period of two (2) years from the delivery of the Product to take action for lack of conformity of the Product,
• is exempted from proving the existence of the lack of conformity of the goods during the six (6) months following the delivery of the Product,
• may choose between repairing or replacing the Product, subject to the cost conditions set out in Article L217-9 of the Consumer Code;

The legal guarantee of conformity applies independently of the commercial guarantee described below.

In addition, the Customer may also invoke the legal guarantee for hidden defects in the item sold, as defined in Articles 1641 et seq. of the Civil Code. The legal guarantee for hidden defects allows the Customer, within a period of two years from the discovery of the defect, to be reimbursed for a Product that has proved to be unfit for its purpose.

The warranty for hidden defects allows the Customer to be protected against hidden defects in the purchased Product which prevent its use or affect it to such an extent that the Customer would not have purchased it.

The Customer then has the choice between two options: to keep the Product and ask for a reduction of the price, or to return the Product and ask for a refund of the price paid, in accordance with Article 1644 of the Civil Code.

  In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the registered office of Benda Bili, after sending an e-mail indicating the reason for the return of the Product.

For all purposes, the following legal provisions are recalled:

Art. L217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of 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.

Art. L217-5 of the Consumer Code: "The goods are in conformity with the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable (a) if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;(b) 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 "

Art. L217-7 of the Consumer Code: "Conformity defects that appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed.

Art. L217-8 of the Consumer Code: "The buyer is entitled to demand that the goods conform to the contract. However, he may not contest the conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials that he himself supplied.

Art. L217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer shall choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In such a case, the seller shall be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Art. L217-10 of the Consumer Code: "If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price returned or keep the goods and have part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed upon in application of article L. 217-9 cannot be implemented within a period of one month following the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and the use he is seeking. However, the sale may not be cancelled if the lack of conformity is minor.

Art. L217-11 of the Consumer Code: "The application of the provisions of Articles L. 217-9 and L. 217-10 shall be without cost to the buyer. These same provisions do not prevent the award of damages.

Art. L217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Art. L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as set out in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognised by the law.

Art. 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects in the thing sold which make it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lower price for it, if he had known of them.

Art.1642 of the Civil Code: "The seller is not liable for apparent defects of which the buyer has been able to convince himself.

Art. 1643 of the Civil Code: "He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.

Art. 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.

Art. 1646 of the Civil Code: "If the seller was unaware of the defects of the thing, he shall only be liable to refund the price, and to reimburse the buyer for the expenses incurred by the sale.

Art. 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. (...) "

Force Majeure

In the event of the occurrence of an event of force majeure preventing the execution of these GTC, Quai des Célestins shall inform the Customer within fifteen (15) days of the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. In addition to those usually accepted by the jurisprudence of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Quai des Célestins or the Client without compensation on either side. Failure to pay by the Client cannot be justified by a case of force majeure.

XI. PARTIAL INVALIDITY

If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.

XII. NON-WAIVER

No tolerance, inaction or inertia on the part of Quai des Célestins may be interpreted as a waiver of its rights under the terms of the GTC.