TERMS AND CONDITIONS OF SALE PROLOGUE

The products purchased on the website www.secondemaille.com are sold directly by Héloïse Monfourny, an individual entrepreneur named:

Seconde Maille
SIRET: 88929262900025
36 rue Camille Sauvageau 33800 Bordeaux.

Contact:
[email protected]

Seconde Maille recommends its customers and users to familiarize themselves with the present terms and conditions of sale on the website www.secondemaille.com. Thus, once the order is validated, the customer will have become aware of and tacitly accepted the clauses. Forany other legal information, please consult the section: Terms & conditions.

1. OBJECT

These general terms and conditions of sale define the contractual terms between Seconde Maille and any person (the "Customer") with regard to the items (the"Products") marketed on the website www.secondemaille.com. This implies an unconditional acceptance by the customer of these general terms and conditions of sale (in accordance with the legal and regulatory provisions governing e-commerce and distance selling).

2. PRODUCTS

The products offered for sale are those described on the website www.secondemaille.com on the day of consultation of the site by the customer, within the limits of available stocks. Seconde Maille offers items that are unique pieces. The particularity is to present handmade products by Héloïse Monfourny in her workshop in Bordeaux. This implies variations in the products and makes them unique. The seller undertakes, however, to inform the buyer to the best of his ability through photographs and detailed descriptions of each item offered for sale, but it should be noted that an exact similarity cannot be guaranteed. These indications are automatically updated in real-time. However, an error in the update, whatever its origin, does not engage the responsibility of Seconde Maille. Accordingly, Seconde Maille cannot be held responsible for the cancellation of an order for a product due to stock depletion. Items indicated as "sold out" or "coming soon" will not be available for sale.

3. PRICES AND PAYMENT TERMS

The prices of the products are indicated in Euros All Taxes Included (VAT and other taxes applicable on the day of the order), unless otherwise stated and excluding shipping costs. Seconde Maille reserves the right to modify its prices at any time (particularly in the event of a change in rates or revaluation). The products will be invoiced based on the rates in effect at the time of registration and payment of the order, subject to availability. The products are payable in cash at the time of the effective order. Payment for purchases is made through the secure Stripe payment platform. Credit card details are all secured with SSL (SecureSocket Layer) protocol and 3D-Secure System (anti-fraud system). The Customer expressly acknowledges that the communication of his credit card number to the e-shop site www.secondemaille.com authorizes the debit of his account up to the price of the products ordered. If necessary, a notification of Order cancellation for payment default is sent to the customer by Seconde Maille to the email address communicated by the customer during registration on the payment page.

4. ORDER

The customer adds the desired item to the shopping cart and can validate his purchase at any time in the cart comprising successive steps leading to the validation of the order. Any order confirmation implies full and entire acceptance of these general terms and conditions of sale (GTC), of the products purchased, their price, and associated costs, without exception or reservation. It is advisable to check the references and quantities before payment. The customer will be informed by email of the confirmation of his order. The Customer can select as many products as he wishes which will be added to the shopping cart. He summarizes the products chosen by the customer as well as the prices and associated costs. The Customer may freely modify the cart before validating his order.

5. DELIVERY

All our deliveries will be made by Colissimo, Mondial Relay, or by hand ONLY for residents of BORDEAUX METROPOLE. The delivery time for orders placed in Bordeaux Metropole is to be defined with the customer by email. The delivery time can vary from 2 to 5 working days for orders in metropolitan France; more than a week for E-U countries and the UK; it will of course be variable depending on the activity of the carriers. Any possible overrun cannot give rise to damages, retention, or cancellation of the order by the buyer. The customer has the choice of delivery method according to the rates in effect calculated according to the weight of the products. The ordered product is dispatched by postal circuit, tracked, to the delivery address indicated by the customer. The customer has 15 days to return his parcel; any return to the sender for any reason or due to incomplete or incorrect address will be resent at the buyer's expense. Delivery conditions are valid only for metropolitan France. The items are sent in packaging adapted to their fragility; however, any damaged shipment cannot be the responsibility of the seller. Orders can be shipped by Colissimo or Mondial Relay without signature by indicating their personal address or by Mondial Relay by selecting a pickup point.

6. WITHDRAWAL

It is specified that Seconde Maille only accepts the return of intact and unused products, these two conditions being checked before restocking returned products. The customer must take into account the fact that each product is unique; it may have "defects"given the upcycled materials, these are an integral part of the product as they are integrated into the manufacturing process, before the product is put on sale. The buyer must take this detail into account before validating his order. For any complaints concerning the wear of the product following use, they will not be covered by Seconde Maille. In accordance with the provisions of article L.121-21 of the Consumer Code, the customer has a period of 15 (fifteen) working days to exercise his right of withdrawal by justifying the reason; he must take into account, if necessary, the return costs. Returns must be made in their original condition and complete (packaging, accessories,instructions...). In this context, the customer's liability is engaged. Any damage suffered by the product on this occasion may be of a nature to defeat the right of withdrawal. Seconde Maille undertakes to carry out an exchange or refund (excluding return costs) within 30 days, if the conditions are met. We will issue a refund; to this end, we will credit your bank account initially used to pay for the order.

7. PERSONAL DATA

In accordance with the Data Protection Act of January 6, 1978, the seller www.secondemaille.com undertakes not to disclose the customer's personal information to a third party. This information essential for order processing is accessible, rectifiable, or can be deleted at any time and upon simple request.

8. INTELLECTUAL PROPERTY

All elements constituting the website www.secondemaille.com: illustrations, photographs,texts, logos, concepts... are protected under copyright and intellectual property rights of Seconde Maille. Any unauthorized use of any of these elements will be considered as constituting counterfeiting and pursuedin accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

9. WARRANTIES

Seconde Maille provides no warranty regarding any damage that may be caused by the transmission of any computer virus or other form of programming routine designed to damage, destroy, or deteriorate in any way the functionality or operation of a computer. Therefore, the Customer acknowledges that it is their responsibility to install competent antivirus and appropriate security software on their computer and any other device to protect against any harmful viruses. The Customer acknowledges assuming all risks associated with any content downloaded or otherwise obtained through the use of the website www.secondemaille.com and agrees that they are solely responsible for any damage to their computer system or any loss of data resulting from the downloading of such content. The documents, descriptions, and information relating to the products appearing on the website www.secondemaille.com are not covered by any warranty, whether explicit or implicit, except for warranties provided by law.

10. APPLICABLE LAW

These general terms and conditions of online sale (GTC) of the website www.secondemaille.com are subject to French law. In the event of a dispute arising from the relationship between the customer and the seller, relating to the interpretation of these GTC, the termination of a sale, in the absence of an amicable agreement, the sole jurisdiction shall be attributed to the French courts.

LEGAL NOTICE

1. WEBSITE PRESENTATION

Under Article 6 of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy, users of the website www.secondemaille.com are hereby informed of the identity of the various parties involved in its creation and monitoring:

Owner: Héloïse Monfourny, Head of Seconde Maille

Sole Proprietor – SIRET: 88929262900025

36 rue Camille Sauvageau, 33800, Bordeaux.

Contact: [email protected]

Provider: https://www.bigcartel.com – Salt Lake City, 251 Floral St, United States Publication

Manager: Héloïse Monfourny The publication manager may be a natural or legal person.

Webdesigner / Developper: David Cabanne

Host: OVH – 2 rue Kellermann - 59100 Roubaix - France

2. TERMS AND CONDITIONS OF WEBSITE USE AND SERVICES OFFERED

The use of the website www.secondemaille.com implies full acceptance of the terms and conditions of use described below. These terms of use may be modified or supplemented at any time, so users of the website www.secondemaille.com are invited to consult them regularly. This website is normally accessible to users at all times. However, an interruption for technical maintenance reasons may be decided by Seconde Maille, which will endeavor to communicate the dates and times of the intervention to users in advance. The website www.secondemaille.com is regularly updated by Héloïse Monfourny. Likewise, legal notices may be modified at any time: they are nevertheless binding on the user, who is invited to refer to them as often as possible to become aware of them.

3. DESCRIPTION OF SERVICES PROVIDED

The purpose of the website www.secondemaille.com is to provide information on all activities of the company. Seconde Maille strives to provide as accurate information as possible on the website www.secondemaille.com. However, it shall not be held liable for any omissions, inaccuracies, or deficiencies in the update, whether caused by itself or by third-party partners who provide it with this information. All information provided on the website www.secondemaille.com is for informational purposes only and may evolve. Furthermore, the information on the website www.secondemaille.com is not exhaustive and is subject to changes that may have been made since it was posted online.

4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA

The website uses JavaScript technology. The website shall not be held liable for any material damages related to the use of the website. Furthermore, the user of the website agrees to access the website using recent equipment, free of viruses, and with an updated, latest-generation browser.

5. INTELLECTUAL PROPERTY AND COUNTERFEITING

Seconde Maille owns the intellectual property rights or holds the usage rights on all elements accessible on the website, including texts, images, graphics, logos, icons, sounds, software. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the website, regardless of the means or process used, is prohibited without the prior written authorization of Seconde Maille. Any unauthorized exploitation of the website or any of its elements will be considered as constituting infringement and will be pursued in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

6. LIMITATION OF LIABILITY

Seconde Maille shall not be held liable for direct or indirect damages caused to the user's equipment when accessing the website www.secondemaille.com, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the occurrence of a bug or incompatibility. Seconde Maille shall also not be liable for indirect damages (such as loss of market or loss of opportunity) resulting from the use of the website www.secondemaille.com. Interactive spaces (such as the possibility to ask questions in the contact space) are available to users. Seconde Maille reserves the right to remove, without prior notice, any content posted in these spaces that violates applicable law in France, especially provisions relating to data protection. If necessary, Seconde Maille also reserves the right to hold the user civilly and/or criminally liable, particularly in the event of messages of a racist, defamatory, or pornographic nature, regardless of the medium used (text, photograph…).

7. MANAGEMENT OF PERSONAL DATA

In France, personal data is notably protected by Law No. 78-87 of January 6, 1978, Law No. 2004-801 of August 6, 2004, Article L. 226-13 of the Penal Code, and the European Directive of October 24, 1995. When using the website www.secondemaille.com, the following data may be collected: the URL of the links through which the user accessed the website www.secondemaille.com, the user's Internet service provider, the user's Internet Protocol (IP) address. In any case, Seconde Maille only collects personal information about the user for the purpose of certain services offered by the website www.secondemaille.com. The user provides this information knowingly, particularly when entering it themselves. The user of the website www.secondemaille.com is then informed whether providing this information is mandatory or not. In accordance with the provisions of articles 38 and following of Law 78-17 of January 6, 1978, relating to data processing, files, and freedoms, every user has the right to access, rectify, and oppose personal data concerning them, by making a written and signed request, accompanied by a copy of an identity document with the signature of the document holder, specifying the address to which the response should be sent. No personal information of the user of the website www.secondemaille.com is published without the user's knowledge, exchanged, transferred, assigned, or sold on any medium to third parties. Only in the event of the acquisition of Seconde Maille and its rights would the transmission of such information to the potential acquirer be possible, who would in turn be bound by the same obligation of retention and modification of data vis-à-vis the user of the website www.secondemaille.com. The website is not declared to the CNIL because it does not collect personal information. The databases are protected by the provisions of the Law of July 1, 1998 transposing Directive 96/9 of March 11, 1996 on the legal protection of databases.

8. HYPERTEXT LINKS AND COOKIES

The website www.secondemaille.com contains a number of hypertext links to other websites, established with the authorization of Seconde Maille. However, Seconde Maille does not have the ability to verify the content of the websites visited in this way, and will therefore not assume any liability for this content. Browsing the website www.secondemaille.com may result in the installation of cookie(s) on the user's computer. A cookie is a small file that does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data obtained in this way aims to facilitate subsequent navigation on the site and is also intended to allow various attendance measurements. Refusing to install a cookie may make it impossible to access certain services. However, the user can configure their computer as follows to refuse the installation of cookies: In Internet Explorer: Click the Tools tab (gear icon in the top right corner) / Internet Options. Click on Privacy and select Block all cookies. Confirm with OK. In Firefox: At the top of the browser window, click the Firefox button, then go to the Options tab. Click on the Privacy tab. Set the Retention Rules to use custom settings for history. Finally, uncheck it to disable cookies. In Safari: Click on the menu icon (symbolized by a gear) in the upper right corner of the browser. Select Settings. Click on Show advanced settings. In the "Privacy" section, click on Content settings. In the "Cookies" section, you can block cookies. In Chrome: Click on the menu icon (symbolized by three vertical points) in the upper right corner of the browser. Select Settings. Click on Show advanced settings. In the "Privacy" section, click on Preferences. In the "Privacy" tab, you can block cookies.

9. APPLICABLE LAW AND JURISDICTION

Any dispute related to the use of the website www.secondemaille.com is subject to French law. Exclusive jurisdiction is given to the competent courts of Paris.

10. MAIN LAWS CONCERNED

Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004, relating to data processing, files, and freedoms. Law No. 2004-575 of June 21, 2004, for confidence in the digital economy.

11. GLOSSARY

User: Internet user connecting to and using the aforementioned website. Personal information: "information which, in any form whatsoever, directly or not, enables the identification of the natural persons to whom it applies" (Article 4 of Law No. 78-17 of January 6, 1978).