GENERAL TERMS AND CONDITIONS OF SALE

The online purchase of any Products or Items on the website www.inesetmarechal.com (hereafter, the “Site”) is subject to the prior knowledge and acceptance of these terms and conditions (hereafter T&Cs).

ARTICLE 1. COMPANY IDENTITY

ELANDE - S.A.S. with a share capital of 24000 Euros and whose headquarters are at 1, Cité Paradis – 75010 PARIS, RCS Paris 388 047 813 (hereafter “I&M”).

ARTICLE 2. PURPOSE

These T&Cs cover the terms according to which I&M handles the distance selling of its Items on its Site. They define the rights and obligations of the parties and apply to all sales made to buyers (hereafter “Customers”), without restriction or reservation, and take precedence over all other purchasing terms and conditions and other Customer terms and conditions which may exist. It should be noted that, as regards orders of items online, the Customer’s agreement as regards these T&Cs does not require a handwritten signature. These T&Cs may be amended at any time, such amendments being binding for the parties and applying to all transactions from the moment they go live on the Site. Any internet user can access the T&Cs from any Site page. The internet users thereby recognize that they are aware of the T&Cs. The T&Cs apply without restriction or reservation to all Items available for sale on the Site. Any Order on the Site is subject to the prior consultation and acceptance without reservation by the Customer of these T&Cs and the applicable tariffs. Completion of an Order according to the order procedure laid out on the Site shall be understood as unreserved acceptance of these T&Cs. The acceptance of these T&Cs presumes that internet users have the necessary legal capacity to use the internet or failing this that they have the authorization of a guardian or custodian if not legally capable, or from their legal representative if they are a minor. The internet users recognize the evidential value of the website publisher’s automatic registration systems and, unless able to provide evidence to the contrary, they waive the right to contest these in case of a dispute.

This system, which requires an active approach by the Customer, is fully compliant with the requirements which exist in distance selling and, in particular, in articles L. 111-1, L.112-1 and L. 221-1 and onwards of the Consumer Code.

ARTICLE 3. PRIOR INFORMATION TO THE CUSTOMER

The sale of Items on the Site is exclusively reserved for retail sale and to private customers. The Site may, under no circumstances, be used by professional sellers, either working individually or in groups, and whatever the form of sale used for their Items (internet, shopping mall, intermediary, physical stores in particular). The Customer recognizes and accepts as a result that Items can only be purchased in quantities which correspond to the average needs of an individual consumer, and this applies to the number of Items in a single order as well as to the number of individual Orders in comparison to the normal quantity of an average consumer ordered for the same product. I&M reserves the right to refuse an order clearly made by a professional seller or a non-consumer.

All Customers declare themselves informed of the lack of reliability of certain networks, especially as regards secure transfer of data, a lack of guarantee in continuity of Site access, in performance in terms of volume and speed of data transfer and in virus spread. I&M hereby advises each Customer of the need to equip their computer or their hand-held or mobile device with security software and capabilities which will prevent the spread of viruses.

ARTICLE 4. CREATION OF A CUSTOMER ACCOUNT

To order any Items on our Site, a Customer must first create a customer account.

The creation of a customer account should be carried out by the Customer, by completing the form with their personal information. Their account is strictly personal to them, and allows them to log in prior to making each Order.

When creating a Customer account, the Customer shall enter all information permitting their identification, taking sole responsibility and acting of their own free will, and shall provide complete, accurate and up-to-date information, without assuming the identity of a third party or concealing or changing their age.

When creating a Customer account, the Customer must choose their username (email) and password. If the username chosen already exists, the system will invite them to choose another. Usernames and passwords are personal and confidential. The Customer is solely responsible for these. The Customer shall keep their password secret and not share it for any reason and in any way. Should they suspect that their username or password is being used by a third party, the Customer should immediately notify I&M in order to change their password and/or choose to close their customer account.

I&M reserves the right to close any customer account and to consequently refuse any sales to a Customer in the following cases:

·       Failure to pay for one or several previous Orders,

·       Improper, unfair or fraudulent use of the Ordering service offered by the Site,

·       Failure to respect any of the Client obligations outlined in the T&Cs,

·       Use of the Site and/or ordering for commercial purposes.

In this case, I&M will send an email to the Customer concerned using the address provided by them during the creation of their customer account informing them that their username and password have been disabled and their account closed.

ARTICLE 5. ORDERING AND DESCRIPTION OF PURCHASING PROCESS

Prior to their order, the Customer shall ensure that they have informed themselves of the technical specifications of Items on the Site.

Items are sold subject to their availability and to sufficient stocks. Should Items be unavailable for more than 1 year following the order, the Customer may cancel their order without paying any fees and will be refunded. The Customer may accept to consider an equivalent substitute product, which they may accept subject to the price paid, or refuse.

The Customer is solely responsible for their choice of the Items they wish to order.

The Customer can choose the Article(s) to order by adding them to their Shopping Basket.

The Customer may at any time view a summary of the Items they have selected by clicking on “View my Shopping Basket”. The Customer will have the possibility to remove one or several objects from their basket.

Having viewed their basket, the Customer can choose from the options “continue shopping” or “confirm order” by clicking on “proceed with order”.

To complete their order, the Customer can choose between “already a customer”, in which case they must enter their Username/password to continue with their order, or if they have no account they must complete a form for billing purposes and to complete the order, to subsequently create an account. The Customer must confirm their delivery dress, by confirming the information entered into the form, or by entering another address.

The Site will provide an “order summary”, and a choice of payment methods.

Once they have made their choice, the Customer can click the “complete order” button.

A message will then confirm the order, once payment has been approved, with an order summary including their Customer information, date and payment type.

An email will also be sent to the Customer confirming their order, which they should retain for their records. If the payment is made by bank transfer, the email will only show the RIB (French bank account identification information). The Customer may also access their order summary from their customer account. The invoice relating to the order can be accessed by the Customer on their account.

The Customer shall be held responsible for any errors or consequences resulting from errors relating to products or deliveries and reshipping costs, which shall therefore be borne by them.

As regards the checks in place to combat fraud, I&M reserves the right to request proof of identity from the Customer to confirm the identity of the individual shown on the payment method used and, where necessary, to require they make payment of their order by bank transfer, something the Customer shall accept in advance. This verification procedure may lead I&M to request that the Customer provides proof of address (utility bill, internet bill, landline bill etc.) from the past 3 months. Failure to provide this information and the documents required as part of these checks will result in I&M’s express entitlement to cancel the order. I&M may also request written confirmation of the order in accordance with a procedure explained by email.

Any order implies the acceptance of the price and description of Items available for sale.

In all cases, the online communication of credit/debit card numbers and the confirmation of an order and its payment constitute proof that the order is complete in line with the provisions of law N° 2000-230 of the 13th March 2000 adapting the law of evidence to information technologies and relating to electronic signatures, with all sums incurred by the order becoming due and payable.

This confirmation constitutes the signature and express acceptance of operations carried out on the Site.

In case of prolonged inactivity on the Site whilst the Customer is logged in, the contents of the Customer’s basket prior to this may not be saved. The Customer will be asked to start again with their order.

Pursuant to the provisions of Article 1369-4 of the Civil code, the Customer will have the possibility, before finally confirming their order, to check their order breakdown and the total price and correct any errors, before they complete it and accept. Once the Customer has completed their order, I&M will confirm they have received the order immediately via email.

ARTICLE 6. PRICE OF ITEMS

This does not however rule out the eventuality of any manifest errors regarding prices appearing on the website www.inesetmarechal.com. In such a case, I&M will send the Customer an email to inform them of the error committed, and communicate the correct price for the product to them. If the correct price is greater than the incorrect price shown on the website www.inesetmarechal.com, the Customer may choose to cancel their order. If they do not wish to cancel, the order will be subject to an email correcting the error and informing the Customer of the correct price and requesting their express agreement to pay that price. Conversely, if the correct price is lower than the incorrect price shown on the website www.inesetmarechal.com, the order will remain valid but will be amended to show the correct price. VAT-inclusive prices of Items only include standard delivery charges and courier charges within Paris and in the Hauts-de-Seine area. VAT-inclusive prices of items do not include express delivery charges, which will be invoiced separately in accordance with the charges quoted on the Site. Delivery charges are outlined in the order process prior to the Customer’s completion of the order for their information and full agreement. Prices will indicate the value added tax (VAT) applicable on the day of order, bearing in mind that any change to VAT rates shall automatically affect the price of Items. The selling price of Items may be modified at any time and shall apply to all orders made following online price updates. Items are delivered DDP, that is I&M shall pay all transport costs and assume all risk until the goods are delivered.

Foreign currency - Euro conversion fees shall be borne by I&M.

ARTICLE 7. PAYMENT

Payment of the price of the product ordered is payable in its totality on the day of ordering and, where applicable, the day on which the product is reserved. Any incomplete payment or payment incident may lead to the cancellation of the order or reservation, with costs borne by the Customer. Payment of the price shall be made in Euros. The Customer can make payment of their order using any of the payment methods specified on the website www.inesetmarechal.com: credit/debit card (cashcard, Mastercard, Visa, American Express), bank transfer or PayPal. In case of payment by bank transfer, I&M shall inform the Customer by email of I&M’s bank details to which the transfer should be made. Any bank transfers made by the Customer’s bank are the responsibility of the Customer. Bank transfers from a foreign account to I&M’s account can be accepted provided the Customer bears the cost of any bank charges on either side. Failure to receive the Customer’s payment within seven (7) days will result in the cancellation of the order and resale of Items on the Site. In case of fraudulent use of their credit/debit card, the Customer is invited, as soon as they become aware, to contact I&M customer services by email at the email address: contact@inesetmarechal.com.

ITEMS REMAIN THE SOLE PROPERTY OF INES ET MARECHAL UNTIL FULL PAYMENT OF THE PRICE, AS RECOGNISED AND ACCEPTED BY THE CUSTOMER.

For any order to a country other than France, You are the importer of the product(s) ordered. For all products shipped outside the European Union, the price will be calculated exclusive of taxes on the invoice. Customs duties, other local taxes, import duties or state taxes may be payable. These rights and sums are not within Our competence and are not Our responsibility. They will be entirely at Your expense and under Your responsibility, both in terms of declarations and payments to the relevant authorities and/or organisations. We advise You to contact the competent authorities in your country.

ARTICLE 8. PRODUCT MANUFACTURING

I&M does everything in its power to ensure its online catalogue is as precise and accurate as possible. To ensure you are able to see product detailing, some of the products may appear larger or smaller than they really are. Because all computers are configured slightly differently, colors may also vary.

Our aim is to give You as much information and detail as is necessary for You to feel that You know your product before You have it. As we manufacture our products by hand, it is possible that some of the items shown on our product pages may differ slightly from the actual product You will receive.

ARTICLE 9. RETURNS AND EXCHANGES, CANCELLATION RIGHT

In the case of delay in delivery, I&M cannot be held liable for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, can be claimed from I&M.

We give you the option of sending back ordered products you aren’t entirely satisfied with, either for a refund or exchange, up to fourteen (14) days following the delivery date.

To do so, please inform I&M’ customer service team of your decision to do so in writing or by phone before you send back the products, specifying the reasons why you are returning the product and adhering to returns process indicated below. Your request to return your order will enter into effect when I&M confirms receipt of your return request in writing.

If you are returning items for a refund, the return shipping costs and insurance fees will be covered by I&M. For this to apply, your parcel must be sent back using the slip provided by I&M.

Upon receipt of Your part, We shall check that it is in perfect condition and acknowledge receipt of the part. Then, We will refund You the price corresponding to the value of the products no later than thirty (30) days following the date on which Your return was accepted, as indicated in article below. An exception is made for special orders: as the products are specifically manufactured to meet your requirements, they cannot be refunded.

The returns process described by our consultants and on our website is complied with;

(I) The returns process described by our consultants and on our website is complied with;

(II) the products are returned to us in perfect condition, without having been worn or washed. Thus, items returned incomplete, damaged or soiled will not be accepted. In particular, products with stains, even discreet ones, can never be taken back.

(III) Our specialists will confirm that the returned product is identical to the product initially sent, and is free from any damage, modifications or alterations of any kind;

(IV) the products are returned to us in their original packaging, complete (accessories, packaging, wax, instructions, etc.);

(V) Finally, it is imperative that the products are returned to us with their label attached. We would also like to point out that, just as special orders are not reimbursed, returns are no longer possible if they are a second consecutive return.

Any reimbursement will be carried out, at I&M' choice, either by re-crediting Your credit card, or by transfer to a bank account in the name of the customer who placed the order, domiciled at the billing address that was communicated at the time of the order.

If you’d like to exchange an item, you’ll be refunded the original price.

ARTICLE 10. RETENTION OF TITLE CLAUSE

I&M retains ownership of Items sold until full and effective payment of the principal amount due and incidentals. Until full payment, the Customer shall not confer any pledge or guarantee on retained-title products or use them as a guarantee, and they must treat the Item from I&M on an individual basis.

These conditions are without prejudice to the transfer to the Customer, upon delivery of the Product under these T&Cs, of all risks of loss and damage to the goods subject to the retention of title, as well as their liability for any damages caused. The Customer shall therefore take out insurance to cover the risks relating to the Product from the receipt of the latter.

ARTICLE 11. GUARANTEE OF AUTHENTICITY

I&M guarantees the authenticity of all Items purchased on its Site.

ARTICLE 12. LIABILITY

I&M has an obligation of means for all stages in the order process as well as for stages subsequent to the contract’s conclusion (transport and delivery of products, for example).

I&M reserves the right to modify any information contained on the Site at any time and without warning.

I&M commits to describing Items for sale on the Site as accurately as possible and to ensuring that information available on the site is updated as effectively as possible.

I&M cannot however guarantee the accuracy, precision or completeness of information provided for Customers within the Site.

I&M cannot be held responsible for presenting Items in such a way as does not permit the Customer to fully and accurately visualise them.

The Customer recognises and accepts that the price of Items is likely to vary between the Site and in-store, and that in no case shall this difference in price be grounds for a total or partial refund of Items purchased either on the Site or in-store.

Under no circumstances can I&M be held liable in cases where failure to execute its obligations is due either to the unforeseen or unavoidable actions of a third party to the contact, or to a case of force majeure as defined by French law, or to the actions of the consumer (Article L. 121-20-3 of the Consumer Code).

Furthermore, I&M cannot be held liable for damages caused by a specific network during an online purchase, such as loss of personal data, breaches, viruses, service interruption or other accidental issues.

I&M is only liable for any direct and foreseeable damage at the time of use of the Site or upon conclusion of the sales contract with the Customer, with the exclusion of any indirect damages.

ARTICLE 13. FORCE MAJEURE

The applicability of these T&Cs shall be suspended for the duration of any case of Force majeure and processing and delivery times will be duly extended. I&M shall wherever possible endeavour to put a stop to the case of Force Majeure or to find a solution which allows it to honour its contractual obligations in spite of the case of Force Majeure, without any liability on its part in this respect.

If the case of Force Majeure continues for a duration of over 30 days, I&M may cancel the order without paying damages and interests or any kind of compensation.

ARTICLE 14. INTELLECTUAL PROPERTY

I&M is the sole owner of all intellectual property rights:

o              for Items available on the Site,

o              for the brands and names associated with those Items,

o              for the Site itself, and any other Site component,

o              for databases, their structure and content, composed and handled by I&M for the purposes of editing the Site,

o              for all Site design elements, be they graphical or technical,

o              for names, acronyms, logos, colours, artworks or other symbols which may be used, composed or implemented by I&M,

o              and in general terms, for all written elements and photographs included on the Site www.inesetmarechal.com.

The use of any trademarks, images, designs and models or any other element for which I&M holds the intellectual property rights is prohibited.

Intellectual property rights on documents contained on the Site and for each of the elements created for the Site are the exclusive property of I&M, who issues no licence or right other than that to consult the Site. The reproduction of any page or content of the Site is subject to prior agreement in writing by I&M.

The Customer shall not copy, modify, create a derivative work of, decompile or reverse engineer or attempt to obtain the source code in any other way (except in cases foreseen under law), sell, attribute, subcontract or transfer in any way any right attached to the software.

Furthermore, modification of the software or use of modified versions of software and especially (but not limited to) with a view to obtaining unauthorised access to the service and to accessing the site by another means other than via the interface provided by I&M for this purpose, is prohibited.

Any Customer with a personal website who wishes, for personal use, to place a link on their site which redirects to the I&M site must ask for prior authorisation in writing from I&M.

Under all circumstances, any unauthorised link must be removed I&M upon request by I&M.

ARTICLE 15. COOKIES

I&M reserves the right to collect data on the Customer, specifically through the use of cookies.

Cookies do not allow for the identification of the Customer.

They are files which track the Customer’s activity on the website.

Generally-speaking, they record information relating to computer browsing on the I&M site (pages visited, date and time of visit, etc.), information which can be read during your subsequent visits (I&M’s Customer recognition system on the Site) and transmit data to I&M. This information is stored on the Customer’s computer for up to one week.

It is recalled that the Customer may refuse to accept the use of “cookies” by configuring their browser as follows:

Any configuration carried out by the Customer may modify Internet browsing, and the access conditions to certain Site services require the use of Cookies.

The Site uses IT applications from third parties, which allow the Customer to share Site content with other individuals or to share their opinion with others about Site content. (Social networks such as Facebook, Google, Twitter, etc.).

When a Customer views a Site page containing a “Share” or “Like” button, their browser establishes a direct connection with servers on the relevant social network.

If they are connected to the social network during browsing, the application buttons allow them to link the pages viewed to their account.

If they are using plug-ins, for example by clicking on the “Like” button or by leaving a comment, the corresponding information will be sent to the relevant social network and published on their account.

If the Customer does not want social networks to link information collected through the Site with their account, they should log out of the social network in question before visiting the Site.

I&M is in no case responsible in any way for the content or running of any social network, including content which may be linked to the Site.

ARTICLE 16. PERSONAL DATA PROTECTION

I&M will take every possible step to protect the confidentiality and security of personal data shared on its Site. To this end, the website uses a SSL type (Secure Socket Layer) secure payment method.

I&M collects personal information from its customers in line with the provisions of law n°78-17 of the 6th of January 1978 entitled « Informatique et liberté́ » (“Data protection and liberties”).

Personal data processing collects information on Customers when they register on the Site or create an customer account online or in-store.

This data collection is subject to a declaration to the Commission National de l’Informatique et des Libertés (CNIL - National Commission for Data Protection and Liberties).

The Personal Data Charter applied by I&M is available on the Site.

ARTICLE 17. RESIDENCE

The parties residences are taken to be the address which appears on the order form for the Customer and the address on the Site for I&M.

ARTICLE 18. APPLICABLE LAW AND JURISDICTION

Only French law applies to dealings between I&M and the Customer.

Any dispute between I&M and the Customer shall fall under the exclusive jurisdiction of the French courts in the Customer’s place of residence.

ARTICLE 19. NULLITY

If any of the provisions of this contract prove null and void as regards a legal rule in force or a legal decision which has become final and enforceable, it shall therefore be deemed unwritten, without however voiding these T&Cs or altering the validity of the other provisions.

ARTICLE 20. NON-WAIVER

The fact that either party has chosen not to invoke one or several of the clauses contained in these T&Cs, either temporarily or permanently, shall not remove their right to invoke any of the remaining T&Cs.