Summary

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Scope of application

Article 4 – The Offer

Article 5 – The contract

Article 6 – The right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The price

Article 10 – Conformity and Warranty

Article 11 – Delivery and Performance

Article 12 – Extended Transactions: Duration, Termination and Renewal

Article 13 – Payment

Article 14 – Handling of Complaints

Article 15 – Disputes

Article 16 – Supplementary or derogative provisions

Article 17 – Right to object to telephone solicitation (Bloctel)

Appendix – Withdrawal Form

Article 1 | Definitions

In these conditions, we mean by:

1. Cooling-off period: the period during which the consumer can exercise their right of withdrawal;

2. Consumer: the natural person who is not acting in the exercise of his profession or business and concludes a contract remotely with the entrepreneur;

3. Day: calendar day;

4. Extended transaction: a distance contract concerning a series of products and/or services where the obligation to deliver and/or sell is spread over time;

5. Durable medium: any medium which enables the consumer or entrepreneur to save information addressed personally to him in a manner which permits future reference and unchanged reproduction of the information saved.

6. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the set reflection period;

7. Entrepreneur: the natural or legal person who offers products and/or services remotely;

8. Distance contract: a contract which, within the framework of a system organised by the entrepreneur for the sale of products and/or services at a distance, uses one or more distance communication techniques up to the conclusion of the contract;

9. Remote communication technique: a means that can be used to conclude a contract without the consumer and the entrepreneur being in the same space at the same time.

Article 2 | Entrepreneur's Identity

ODE COSMETICS

Postal address: 720 RUE BONADONA, 34470 PEROLS, FRANCE

Telephone number: (+33) 04 67 08 17 62

Email address: contact@ode-cosmetiques.com

SIRET: 84164000600018

VAT identification number: FR39841640006

If the entrepreneur's activity is subject to a relevant authorization system: here is the data from the supervisory authority:

If the entrepreneur practices a regulated profession:

– The professional association or professional organization to which he is associated;

– The professional title, the assigned location in the EU or the European Economic Area.

– A reference to the professional rules applicable in France and information regarding where and how these professional rules are applicable

Article 3 | Scope

1. These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.

2. Before concluding the distance contract, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed, before the conclusion of the distance contract, that they may consult the general terms and conditions at the trader's premises and that they will be sent as soon as possible and free of charge at the consumer's request.

3. If the contract is concluded remotely by electronic means, the text of these general terms and conditions may, notwithstanding the preceding paragraph and before the conclusion of the remote contract, be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, the consumer shall be informed, before the conclusion of the remote contract, where they can access these general terms and conditions electronically and that they can be sent free of charge electronically at the consumer's request.

4. In the event that specific conditions relating to products or services are applicable alongside these general conditions, the second and third paragraphs shall apply by analogy and the consumer may always resort to the applicable provisions which he considers most favorable in the event of conflicting general conditions.

Article 4 | The Offer

1. If an offer has a limited validity period or is subject to certain conditions, this must be explicitly mentioned in the offer.

2. The offer must contain a complete and accurate description of the products and/or services offered. This description must be sufficiently detailed to allow the consumer to properly assess it. If the trader uses images, these must be a true representation of the products and/or services offered. Obvious errors or defects in the offer are not binding on the trader.

3. Every offer must contain information enabling the consumer to have a clear understanding of the rights and obligations associated with accepting the offer. This includes, in particular:

• of the price, including all taxes;

• any delivery charges;

• how the contract will be concluded and the necessary actions;

• whether or not the right of withdrawal applies;

• terms of payment, delivery and execution of the contract;

• the offer acceptance period, where applicable, the period within which the contractor guarantees the price;

• the amount of the remote communication tariff if the costs of using the remote communication technique are calculated on a basis other than the regular basic tariff for the means of communication used;

• to know whether the contract will be archived after its conclusion and, if so, how the consumer will be able to consult it;

• how the consumer can control the data they have transmitted as part of the contract and can correct it if necessary, before the contract is concluded;

• the codes of conduct to which the entrepreneur has committed himself and how the consumer can access these codes of conduct electronically; and

• the minimum duration of the distance contract in the event of a prolonged transaction.

Article 5 | The Contract

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment when the consumer accepts the offer and the conditions established for this purpose are met.

2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. The consumer may cancel the contract until the trader has confirmed receipt of this acceptance.

3. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and will ensure the creation of a secure web environment. If the consumer can make an electronic payment, the trader will take appropriate security measures for this purpose.

4. The trader may, within the framework of the law, inquire into the consumer's ability to meet their payment obligations and into the facts and factors relevant to the responsible conclusion of the distance contract. If, based on this inquiry, the trader has good reason not to conclude the contract, they will be entitled to refuse an order or request or to impose specific conditions for the execution of the order.

5. The entrepreneur shall accompany the product or service with the following information, which he shall send in writing or in such a way that the consumer can save it in an accessible manner on a durable medium:

a. the address of the entrepreneur's establishment where the consumer can send their complaints;

b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, where applicable, a clear statement concerning the exclusion of the right of withdrawal;

c. information on existing warranties and after-sales services;

d. the data referred to in Article 4, paragraph 3, of these conditions, unless the trader has already transmitted this data to the consumer before the execution of the contract;

e. the conditions for termination of the contract if the duration of the contract exceeds one year or if the duration of the contract is indefinite.

6. In the case of a prolonged transaction, the provision set out in the preceding paragraph applies only to the first delivery.

Article 6 | Right of withdrawal

In the case of product delivery:

1. When purchasing products, the consumer has the option to cancel the contract without notice for 14 days. This cooling-off period begins on the day the product is received by the consumer or by a representative previously designated by the consumer and communicated to the trader.

2. During the cooling-off period, the consumer must take care of the product and its packaging. They must only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they must return – where possible – the product and all accessories delivered in their original condition and packaging to the trader in accordance with the reasonable and clear instructions provided by the trader. In the event of withdrawal, the consumer must complete the attached form and send it with their order to the trader.

3. When services are provided, the consumer has the option to terminate the contract without notice for at least 14 days, starting from the day the contract was concluded.

4. To exercise their right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the trader at the time of the offer and/or at the latest at the time of delivery.

Article 7 | Fees in case of withdrawal

1. If the consumer exercises their right of withdrawal, the return costs, at most, will be charged to them.

2. If the consumer has paid an amount, the entrepreneur will reimburse this amount no later than 14 days after the return or withdrawal.

Article 8 | Exclusion of the right of withdrawal

1. The trader may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader has clearly stated this in the offer or, at the latest, before the conclusion of the contract.

2. The exclusion of the right of withdrawal is only possible for the following products:

a. which were created by the entrepreneur in accordance with the consumer's specifications;

b. which are clearly of a personal nature;

c. which cannot be returned by their nature;

d. which can quickly deteriorate or age;

e. whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence;

f. for newspapers and magazines sold individually;

g. for audio and video recordings and computer software whose seal has been broken by the consumer.

3. The exclusion of the right of withdrawal is only possible for the following services:

a. concerning accommodation, transport, catering or leisure activities to be undertaken on a certain date or during a certain period;

b. whose delivery has begun, with the explicit consent of the consumer, before the expiry of the cooling-off period;

c. concerning betting and lotteries.

Article 9 | The Price

1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the preceding paragraph, the entrepreneur may offer products or services linked to fluctuations in the financial market over which the seller has no control, at variable prices. The offer must state this subjection to fluctuations and that any prices mentioned are indicative.

3. Increases

Price changes occurring within 3 months of the conclusion of the contract are only permitted if they are the result of regulations or legal provisions.

4. Price increases occurring after 3 months following the conclusion of the contract are only permitted if the contractor has stipulated them and:

a. if they are the result of regulations or legal provisions; or

b. whether the consumer is entitled to terminate the contract from the day the price increase takes effect.

5. The prices of the products or services mentioned in the offer are inclusive of VAT.

Article 10 | Conformity & Warranty

1. The contractor warrants that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of good quality and/or usability, and the legal provisions and/or government regulations in force on the date the contract was concluded. If agreed upon, the contractor warrants that the product can be used for a purpose other than its normal use. 2. A warranty provided by the contractor, manufacturer, or importer does not affect any legal rights and claims that the consumer may assert against the contractor under the contract.

Article 11 | Delivery & Execution

1. The contractor will take the greatest care in receiving and executing product orders and in assessing requests for services.

2. The delivery location is the address provided by the consumer to the company.

3. In accordance with the provisions of Article 4 of these terms and conditions, the company will diligently fulfill accepted orders, at the latest within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing their order. In this case, the consumer has the right to cancel the contract free of charge and the right to claim any applicable damages.

4. In the event of termination in accordance with the preceding paragraph, the entrepreneur shall reimburse the amount paid by the consumer as soon as possible, however no later than 30 days after the termination.

5. If delivery of an ordered product proves impossible, the trader will endeavor to provide the consumer with a replacement item. The availability of a replacement item will be clearly indicated at the latest upon delivery. The right of withdrawal cannot be excluded in the case of replacement items. Return shipping costs are borne by the trader.

6. The risk of damage and/or loss of the products remains with the contractor until the moment of delivery to the consumer or to a representative previously designated and communicated to the contractor, unless otherwise explicitly agreed.

Article 12 | Extended Transactions: Duration, Termination and Renewal

Denunciation

1. The consumer may terminate at any time a contract concluded for an indefinite period and aimed at the regular delivery of products (including electricity) or services, taking into account the termination rules agreed for this purpose and a notice period of no more than one month.

2. The consumer may terminate at any time a contract concluded for an indefinite period and aimed at the regular delivery of products (including electricity) or services, taking into account the termination rules agreed for this purpose and a notice period of no more than one month.

3. With regard to the contracts mentioned in the preceding paragraphs, the consumer may:

– to terminate contracts at any time and without being limited to termination at a certain time or during a certain period;

– at least terminate the contracts in the same way that he concluded them;

– always terminate contracts with the same notice period as that stipulated by the contractor for himself.

Extension

4. A contract concluded for a fixed term and aimed at the regular delivery of products (including electricity) or services, cannot be tacitly extended or renewed for a fixed term.

Notwithstanding the preceding paragraph, a contract concluded for a fixed term and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months, provided that the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

6. A contract concluded for a fixed term and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months, in the case where the contract aims at the regular delivery, however less than once a month, of daily newspapers, weekly newspapers and magazines.

7. A fixed-term contract for the regular delivery, on an introductory basis, of daily newspapers, weekly newspapers and magazines (trial or familiarization subscription) is not tacitly renewed and automatically terminates after the trial or familiarization period.

Duration

8. If the duration of a contract exceeds one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reason and fairness preclude termination of the contract before the end of the agreed term.

Article 13 | Payment

1. Unless otherwise agreed, amounts payable by the consumer must be paid within 14 days after the start of the cooling-off period referred to in Article 6(1). If the contract relates to the provision of a service, this period will begin after the consumer has received confirmation of the contract.

2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment exceeding 50%. If an advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or the service(s) in question until the stipulated advance payment has been made.

3. The consumer has a duty to immediately notify the entrepreneur of any inaccuracies in the payment data transmitted or mentioned.

4. In the event of non-payment by the consumer, the entrepreneur has the right to charge in advance the reasonable costs passed on to the consumer, unless prohibited by law.

Article 14 | Complaints Handling

1. The entrepreneur has a complaints procedure that is sufficiently communicated to the consumer and handles the complaint in accordance with this complaints procedure.

2. Complaints relating to the performance of the contract must be fully and clearly described and presented to the contractor within a reasonable time after the consumer has noticed the defects.

3. Complaints addressed to the contractor will be processed within 14 days of receipt. If a complaint requires a longer processing time, the contractor will send an acknowledgement of receipt within 14 days and indicate when the consumer will receive a more detailed response.

4. If the complaint cannot be resolved amicably, it will be considered a dispute which will be subject to the dispute resolution procedure.

Article 15 | Disputes

1. Pursuant to Article L. 612-1 of the French Consumer Code, "Every consumer has the right to free access to a consumer mediator for the amicable resolution of any dispute with a professional." Within one year of any complaint received by our services, in accordance with Article R. 616-1 of the French Consumer Code, the Customer may have their request examined by a mediator whose contact details are provided below, bearing in mind that, except in exceptional circumstances, a dispute may only be examined by one mediator:

Consumer mediation: AME CONSO 197 Boulevard Saint Germain 75007 Paris

Telephone: 09.53.01.02.69
Email: referral@mediationconso-ame.com

www.mediationconso-ame.com

The consumer may, on this occasion, be assisted at their own expense by any lawyer of their choice.

2. These general terms and conditions of sale are governed by French law. In the event of a dispute, the parties will endeavor to reach an amicable settlement. This attempt at an amicable solution does not interrupt the time limits for bringing a warranty claim. Failing this, and in accordance with Articles 46 to 48 of the French Code of Civil Procedure, the French courts shall have exclusive jurisdiction.

Article 16 | Supplementary & Derogatory Provisions

Any additional provisions, where applicable, that deviate from these general conditions must not be detrimental to the consumer and must be established in writing, where appropriate, in such a way that they can be saved by the consumer in an accessible manner on a durable medium.

Article 17 | Right to object to telephone solicitation (Bloctel)

Consumers have the option to register free of charge on the BLOCTEL telephone marketing opt-out list (www.bloctel.gouv.fr) to stop receiving unsolicited sales calls from businesses with which they do not have a current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014, concerning consumer rights. Any consumer can register for free on this list at https://www.bloctel.gouv.fr/

Appendix I: Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract. We advise you to also specify your email address and order number.)

To the attention of Ôde Cosmétiques, 720 Rue Bonadona, 34470 PEROLS
Email: serviceclients@ode-cosmetiques.com

I hereby notify you of my withdrawal from the contract for the sale of the property described below:

• Ordered on (x) / received on (x)
• Name of consumer(s):
• Consumer address(es):
• Signature of the consumer(s) (only if this form is submitted on paper)
• Date :

(*) Delete as appropriate