Terms of Sales

These General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the company ARIELLE YAMADJAKO. Users are invited to carefully read these General Conditions of Sale and Use (hereinafter the “General Conditions”)

PREAMBLE

The company Arielle YAMADJAKO (hereinafter the “Seller”) is a publisher of novelty socks and cufflinks products for men intended for consumers, marketed through its BOUTIQUE EIRENE website ( https://www. boutique-eirene.com ). The list and description of the goods and services offered by the Seller can be consulted on the aforementioned sites.

DEFINITIONS

“Customer” means the Professional or Consumer who has placed an Order for a Product sold on the Website;

“Order” means any order placed by the User registered on this Site;

“General Conditions of Sale and Use” or “General Conditions” mean these general conditions of use and online sale;

“Consumer” means the buyer who is a natural person who is not acting for professional needs.

and/or outside of his professional activity;

“Products” means material things which may be the subject of appropriation and which are offered for sale on this Site;

“Professional” means the buyer, legal or natural person who acts within the framework of his professional activity;

“Site” means this Site, i.e. BOUTIQUE EIRENE;

“Company” means the ARIELLE YAMADJOKO Company

“User” means any person who uses the Site.

GENERAL PROVISIONS

These General Conditions govern and govern the conditions under which the Seller sells its products to its professional and consumer Customers, carried out through its Site, as well as the conditions of use of the Website by the User.

They apply to all sales concluded by the Seller and are binding on any contradictory document, in particular the Customer's general conditions of purchase. They are fully enforceable against the Customer who accepted them before placing the order. Placing an order implies acceptance of the General Conditions. The characteristics of the products are indicated on the Website. It is up to the Customer to take this into account before purchasing. The photographs or graphics presented on the Website are not contractual.

The Seller reserves the right to modify these presents at any time by publishing a

new version on its website. The General Conditions applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order.

These General Conditions can be consulted on the Seller's website at the following address: https://www.boutique-eirene.com

The Seller also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer acknowledges having read them and accepted them by checking the box provided to do so before placing their order online.

The Customer declares to have read all of these General Conditions, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs. The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting. Unless proven otherwise, the information recorded by the Seller constitutes proof of all transactions.

PRODUCTS AND PRICES

The Products subject to the General Conditions are those which appear on the Site and which are sold and shipped directly by the Seller. The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limits of available stocks of the Seller who cannot be held responsible for stock shortages or the impossibility of selling a Product for which there is no stock. When a Registered User wishes to purchase a Product sold by the Seller through the Site, the price indicated on the product page corresponds to the price in Euros, excluding shipping costs and takes into account the applicable reductions in force on the day of the order .

The price of Products sold through the Site is indicated in Euros, excluding tax and precisely determined on the product description pages. The price indicated does not include delivery costs which will be detailed if applicable in the summary before placing the order.

For all Products shipped outside the European Union

and/or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums do not fall within the responsibility of the Seller. They will be the responsibility of the Customer and are their responsibility (declarations, payment to the competent authorities, etc.).

The Seller therefore invites the User to obtain information on these aspects from the corresponding local authorities.

If the total cost of the Products cannot be calculated in advance, the Seller will send the Customer, upon request, a detailed quote setting out the price calculation formula. Under no circumstances will a User be able to demand the application of reductions that are no longer in effect on the day of the Order.

The Seller reserves the right to modify its prices at any time for the future. The telecommunications costs necessary for access to the Site are the responsibility of the Customer. If applicable also, delivery costs.

Any Order can only be placed when the Customer has registered on the Site.

The Customer, when logged into his account, can add Products to his virtual basket. He can then access the summary of his virtual basket in order to confirm the Products he wishes to order and place his order by clicking on “Order”. In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to complete their order:

• Read the information on the essential characteristics of the Product;
• Choice of Product, where applicable, its options;
• Indication of the Customer's essential contact details (email, address, etc.);
• Acceptance of these General Conditions;
• Verification of the elements of the Order and, where applicable, correction of errors;
• Before proceeding with confirmation, the Customer has the possibility of checking the details of his Order, its price, and correcting any errors, or canceling his Order;
• Follow-up of the instructions for payment of the Products, then delivery of the Order.

The Customer must provide an address, a delivery method as well as a valid payment method in order to finalize the Order and effectively form the sales contract between him and the Seller.

Finalizing the Order implies acceptance of the prices of the Products sold, as well as the delivery terms and times indicated on the Site.

Once the Order has been placed, the Customer will receive confirmation by email. This confirmation will provide a summary of the Order as well as relevant information relating to delivery. Placing an Order constitutes the conclusion of a distance sales contract between the seller and the Customer (“Contract”). Confirmation of the Order will constitute the formation of this Contract.

During the order process, the Customer will have the possibility of identifying any errors made in data entry and correcting them.

The language offered is French.

The terms of the offer and the General Conditions are archived on the Seller's Site. Where applicable, the professional and commercial rules to which the Seller intends to comply can be consulted in the “General Conditions” section of these General Conditions, available on the Seller’s website at the following address: https://www.boutique- eirene.com .

The archiving of communications, the Order, the details of the Order, as well as invoices is carried out on a reliable and durable medium so as 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. For delivered Products, delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the Order, the Customer undertakes to provide true identification information. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

PRODUCTS AND SERVICES

The essential characteristics of the Products and their respective prices are made available to the Customer on the Site, as well as, where applicable, the method of use of the Product. In accordance with article L112-1 of the Consumer Code, the Customer is informed, by marking, labeling, display or any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract.

In all cases, the total amount owed by the Customer is indicated on the order confirmation page.

The selling price of the Product is that in force indicated on the day of the Order, this not including shipping costs charged in addition. These possible costs are indicated to the Customer during the Order, and in any case at the time of confirmation of the Order.

The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the Order. When the Products or services are not delivered or executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services. The Customer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the Seller.

The Seller undertakes to honor the Customer's Order within the limits of available Product stocks only. Failing this, the Seller informs the Customer; if the Order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller reimburses the Customer.

The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the Products offered for sale have no contractual value. The validity period of the Product offer as well as their prices is specified on the seller's websites.

Unless otherwise specified, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided).

If an item is unavailable for a period

exceeds ten working days, you will be immediately informed of expected delivery times and the order for this item may be canceled upon simple request. The Customer can then request a credit for the amount of the item or a full refund and cancellation of the order.

PAYMENT TERMS

Unless otherwise agreed, all sales are paid in cash at the time the Order is placed.

Payment is due immediately upon ordering, including for pre-ordered Products.

Depending on the nature or amount of the Order, the Seller remains free to require a deposit or payment of the entire price when placing the order or upon receipt of the invoice.

Payment can be made by: credit card.

Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa).

Secure online payment by credit card is made by a payment provider. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the relative amount.

at the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically terminated and the Order cancelled.

In the event of total or partial non-payment of the Product(s) on the date agreed on the invoice, the Customer must pay the Seller a late payment penalty, the rate of which is equal to the rate charged by the European Central Bank for its operation. refinancing rate increased by 10 percentage points.

No compensation can be made by the Customer between penalties for late delivery of the Products ordered and sums owed by the Customer to the Seller for the purchase of Products offered on the Site.

The penalty owed by the Customer is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without any prior notice being necessary.

DELIVERY

The Products are delivered exclusively to the following geographic areas:

- France and Monaco: 2/3 working days

- International between 3 and 10 working days depending on the destination

- DOM-TOM: 5/7 working days

The Products are delivered to the delivery address indicated when ordering and within the deadlines indicated.

These deadlines do not take into account the time for preparing the Order.

In accordance with legal provisions, in the event of late delivery, the Customer has the possibility of canceling the Order under the conditions and procedures defined in article L 138-2 of the Consumer Code. If in the meantime he receives the Product, the Seller will reimburse it and the delivery costs (“outbound”) under the conditions of article L 138-3 of the Consumer Code.

An email will also be sent to inform of a possible consequence on the delivery time which has been indicated.

If the delivery deadline is exceeded, except in cases of force majeure, the Customer may request the termination of the Contract after having ordered the Seller to make delivery within a reasonable additional period, and if the Seller has not not executed.

The Seller provides a contact email address indicated in the order confirmation email in order to monitor the order.

The Seller points out that when the Customer takes physical possession of the Product, the risks of loss or damage are transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered Product.

The Seller undertakes to make all material and human efforts to have the Products delivered within the deadlines described above. These may vary depending on the Customer's geographical area, the delivery method chosen or the Product ordered, which the Customer expressly accepts.

WITHDRAWAL

In accordance with the provisions of article L.121-21 of the Consumer Code, the Customer has a withdrawal period of 14 days from receipt of his Order to exercise his right of withdrawal without having to provide reasons. nor to pay a penalty.

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, the return costs remaining the responsibility of the Customer. The Seller will reimburse the sums paid, within 14 days of notification of the request and via the same means of payment as that used during the Order.

Returns of Products must be made in their original condition and complete (packaging, accessories, instructions, etc.); If possible, they must be accompanied by a copy of proof of purchase.

The Products must be returned in their original packaging and in perfect condition within 5 working days from the Customer's notification of withdrawal to the Seller.

In accordance with legal provisions, you will find below the email address to which to send the withdrawal / refund request: contact@boutique- eirene.com .

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

In accordance with the provisions of articles L. 221-18 to L. 221-28 of the Consumer Code, the right of withdrawal does not apply to:

• The provision of services fully executed before the end of the withdrawal period and whose execution has started after the express prior agreement of the consumer and express waiver of his right of withdrawal.
• The supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period.
• The supply of goods made to the consumer's specifications or clearly personalized.
• The supply of goods likely to deteriorate or expire quickly.
• The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
• The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional.
• The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery.
• The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications.
• Transactions concluded at a public auction.
• The supply of digital content not provided on a physical medium whose execution has begun after the express prior agreement of the consumer and express waiver of their right of withdrawal.

TRANSFER OF RISKS AND PROPERTY

The Seller retains a Property Right over the Products sold until full payment of the price by the Customer. He may therefore regain possession of said Products in the event of non-payment. In this case, the deposits paid will remain with the Seller as compensation.

For Professional Customers, the transfer of risks to the Customer occurs as soon as the goods are handed over to the carrier by the Seller. For Consumer Customers, the transfer of risks takes place upon delivery or upon collection of the goods from the store when the Customer has chosen in-store delivery.

LEGAL GUARANTEES

In accordance with the law, the Seller assumes the guarantees of conformity and relating to hidden defects of the Products. The Seller reimburses the Customer or exchanges Products that are apparently defective or do not correspond to the Order placed. The refund request must be made as follows: email to the following address: contact@boutique-eirene.com .

The Seller reminds that the Customer:

● has a period of 2 years from delivery of the goods to act with the Seller,

● that he can choose between replacement and repair of the goods subject to the conditions provided for by the aforementioned provisions (apparently defective or not corresponding),

● can also claim the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code and, in this case, he can choose between canceling the sale or reducing the sale price (provisions of the articles 1644 of the Civil Code).

The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:

Article L.217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. ”

Article L.217-5 of the Consumer Code:

“The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

• 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;
• if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the defined characteristics of a

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” Article 1641 of the Civil Code:

“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known them. »

Any Product resold altered, modified or transformed is not covered by the warranty.

This is limited to the replacement or reimbursement of non-compliant or defective Products. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.

The replacement of the Products does not have the effect of extending the duration of the warranty.

CHANGES

The Seller reserves the right to modify the Site, the General Conditions as well as any delivery procedure or other element constituting the services provided by the Seller through this Site. When an Order is placed, the Customer is subject to the stipulations set out in the General Conditions in force at the time of placing the Order.

PROCESSING OF PERSONAL DATA

Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses the processing of his data, he is asked to refrain from using the Site.

This processing of personal data is carried out in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016. Furthermore, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time , a right to question, access, rectify, modify and oppose all of their personal data by writing, by post and providing proof of their identity, to the following address: contact@boutique-eirene.com .

This personal data is necessary to process your Order and issue invoices if applicable, as well as to improve the functionality of the Site.

DATA PROTECTION

In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of this data, the Seller implements a processing of personal data which has the purpose the sale and delivery of products and services defined in this contract.

The Customer is informed of the following elements:

● the identity and contact details of the controller and, where applicable, the representative of the controller:

○ the Seller, as indicated at the top of these General Conditions: the company Arielle YAMADJOKO

• the identity and contact details of the controller and, where applicable, the representative of the controller:
• the Seller, as indicated at the top of these General Conditions: the company Arielle YAMADJOKO
• the legal basis of the processing: contractual execution
• the recipients or categories of recipients of personal data, if they exist: the data controller, its services in charge of marketing, the services in charge of IT security, the service in charge of sales, delivery and the order, the subcontractors involved in the delivery and sale operations as well as any authority legally authorized to access the personal data in question - no transfer outside the EU is planned
• the duration of data retention: the commercial prescription period. Thus, at the end of the execution the data will be erased.
• the data subject has the right to request from the controller access to personal data, rectification or erasure thereof, or restriction of processing relating to the data subject, or the right to object processing and the right to data portability
• the data subject has the right to lodge a complaint with a supervisory authority
• the information requested during the Order is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be validated. No automated decisions or profiling are implemented through the ordering process.

The Seller undertakes to put in place technical and organizational measures to ensure a level of security appropriate and proportionate to the risks incurred as well as their probability, in accordance with the General Data Protection Regulation 2016/679 of April 27 2016.

However, these measures in no way constitute a guarantee and do not commit the Seller to any obligation of result regarding data security.

RESPONSIBILITY

The Seller cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Site and although it uses all its means to permanently ensure the operation of the Site, it may be that this may be interrupted at any time. In addition, the Seller reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.

As previously mentioned herein, the Seller cannot under any circumstances be held responsible for delivery delays for reasons beyond its control, beyond its control, unforeseeable and irresistible or for which the fault cannot be attributable to it.

The execution of the Seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

If one of the stipulations herein were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties.

INTELLECTUAL PROPERTY

The brand, the logo, and the graphic charter of this Site are trademarks registered with the INPI and intellectual works protected under copyright, the ownership of which rests exclusively with the Seller. Any distribution, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Seller will expose the offender to civil and criminal prosecution.

The brands, 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 Seller. No transfer of intellectual property rights is made through these General Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

JURISDICTION CLAUSE

The law governing the General Conditions is French law. Any dispute that may arise between the Seller and a User during the execution of these terms will be the subject of an attempt to be resolved amicably. Failing this, disputes will be brought to the attention of the competent courts of common law.

All clauses appearing in these General Conditions, as well as all purchase and sale operations referred to therein, will be subject to French law.

ACCEPTANCE OF GENERAL CONDITIONS

The Client or User expressly accepts the General Conditions. The Customer declares to be aware of it and waives the right to rely on any other document, in particular its own general conditions of purchase.

He acknowledges having been aware of the information and information provided for in articles L.111-1 to L.111-7 of the Consumer Code, and in particular:

• the essential characteristics of the Product;
• The price of the products ;
• the date or deadline by which the Seller undertakes to provide the Product;
• information relating to the identity of the Company (postal, telephone, electronic contact details);
• information relating to legal and contractual guarantees and their implementation methods;
• the possibility of resorting to conventional mediation in the event of a dispute;
• information relating to the right of withdrawal (deadline, terms of exercise).

MEDIATOR CONTACT DETAILS

If applicable, the Customer may submit any complaint by contacting the Seller using the following contact details contact@boutique-eirene.com . In accordance with the provisions of arts. L. 611-1 to L. 616-3 of the Consumer Code, the consumer Customer is informed that he can resort to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.

In the event of failure of the complaint request to the Seller's customer service, or in the absence of a response within two months, the Customer may submit the dispute to a mediator who will independently attempt to bring the parties together in with a view to obtaining an amicable solution.

In accordance with articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The mediation entity selected is: SAS CNPM - MEDIATION - CONSUMPTION. In the event of a dispute, the consumer can file his complaint on the site: http://cnpm-mediation-consommation.eu

or by post by writing to

CNPM - MEDIATION - CONSUMPTION

27, avenue de la Libération – 42400 SAINT-CHAMOND’