General terms and conditions of sale

Effective as of 22/07/2024

ARTICLE 1. PREAMBLE

DS55 is the exclusive distributor of the Freeman T. Porter brand. The websitewww.freemantporter.com (hereinafter the " Site ") is published and managed by DS55, a Société par Actions Simplifiée with capital of €1,000,000, registered in the Metz Trade and Companies Register under number 815 054 655, VAT number: FR05815054655, whose registered office is located at 1 Bis rue Saint Louis, ZAC SUD, 57150 CREUTZWALD (hereinafter " DS55 "). These General Terms and Conditions of Sale define the rules applicable to the sale of FREEMAN T. PORTER branded products. PORTER branded products (hereinafter "the Product(s)") on the Site, to any individual customer within the meaning of the preliminary article of the French Consumer Code (hereinafter the " Customer "). They govern the various stages of the sale: from the placing of the order by the Customer to the delivery of the Product to the Customer.

These general terms and conditions (hereinafter the " General Terms and Conditions of Sale ") govern, without restriction or reservation, the sale of Products by DS55 on the Site. DS55 reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the Site. The General Terms and Conditions of Sale applicable are those in force on the Site on the date the order is placed by the Customer; any order for a Product offered on the Site implies the Customer's full and complete acceptance of the General Terms and Conditions of Sale in force at the time the order is validated.

The Customer declares and acknowledges :

- that he/she is technically competent to use this Site;
- that he/she has full legal capacity to enter into commitments under these GTC;
- that the purchase of the Products is exclusively intended for his/her personal, private and non-professional use;
- that, as a consumer, he/she has specific rights which could be called into question in the event that the Products purchased as part of the transactions carried out via the Site are related to a professional activity.

DS55 may ask any Customer to provide additional information in order to prove his/her capacity to order as a consumer.

The Customer declares that he has obtained all necessary information concerning the use of the online sales area and the quantitative and qualitative characteristics of the Products.

Finally, the Customer declares that he/she has read the present General Terms and Conditions of Sale and has accepted them by ticking the appropriate box before proceeding with the online ordering procedure, as well as the Site's legal notices and privacy policy.

ARTICLE 2. CONTRACTUAL DOCUMENTS

The contractual documents are, in order of priority :

- the Site's general terms and conditions of use or legal notices, accessible in particular from its home page;
- where applicable, the special terms and conditions of sale;
- the present General Terms and Conditions of Sale;

In the event of contradiction between documents of a different nature or of different rank, it is expressly agreed between the parties that the provisions contained in the document of higher rank shall prevail for obligations in conflict of interpretation. In the event of contradiction between the terms of documents of the same order, the most recent documents shall prevail over the others.

ARTICLE 3. ENFORCEABILITY OF THE CGV

These General Terms and Conditions of Sale come into force on the date they are put online, and will be enforceable on the date of the Customer's first use of the Site's sales area.

These General Terms and Conditions of Sale apply throughout the period of use of the Site's sales area and until new General Terms and Conditions of Sale replace these General Terms and Conditions of Sale.

DS55 reserves the right to modify certain provisions of these GTC at any time. These modifications or adaptations are enforceable against the Customer as soon as they are put online and cannot be applied to contracts concluded previously.

Any use of the sales area of the Site by the Customer after the modifications to the general terms and conditions of sale implies acceptance by the Customer of the new general terms and conditions.

The Customer may at any time renounce use of the services offered on the Site, but remains liable for any prior use.

Each purchase from the Site's sales area is governed by the GCS applicable at the date of the order.

The customer may access the archived GTCs by requesting them from the help center.

In the absence of proof to the contrary, the data recorded in DS55's computer system constitutes proof of all transactions concluded with the Customer.

Should any clause of these GTS be lacking, it will be considered to be governed and interpreted in accordance with current practice in the online sales sector.

Validation of the order by the Customer implies unreserved acceptance of these GTS.

In the event of any of the present GTC being recognized or declared null and void or in violation of a provision of public order, said clause shall be deemed unwritten and all other clauses shall remain in force, unless the remaining obligations become manifestly unbalanced for one or other of the parties.

ARTICLE 4. PRODUCT INFORMATION

The Products offered for sale by DS55 are those shown on the Site on the day of consultation by the Customer. Each Product is the subject of a description sheet which, in addition to the photograph, will contain: price, available sizes and colors, composition, as well as special characteristics.

Minor differences between a Product and its photograph may exist due to the technical limitations of color rendering on computer equipment. DS55 undertakes to deliver Products that comply with current regulations on personal health and safety in accordance with European provisions, in particular legislation on regulated chemical substances.

For any question relating to the Products and their use, any additional question or request for advice, the Customer may contact DS55 by calling customer service on 03 87 93 80 43 (price of a local call), at the times indicated in the "Help Center" tab on the Site.

The Customer acknowledges having been provided, prior to the conclusion of the Contract, in a clear and comprehensible manner, with the information specified in articles L.111-1, L.111-2 and L.221-5 of the French Consumer Code, and in particular :

- The essential characteristics of the Products offered and ancillary services;
- The total price of the Products including all taxes or, where applicable, any additional charges or, where such charges cannot reasonably be calculated in advance, a statement that such charges may be payable;
- Where applicable, the date or time by which the professional undertakes to deliver the Products;
- Information relating to the identity of DS55 and, where applicable, its activities, its postal, telephone and electronic contact details;
- Information relating to legal guarantees, the existence and terms of implementation of guarantees and other contractual conditions as well as, where applicable, after-sales service and information relating to other contractual conditions;
- The possibility of recourse to a consumer mediator.

ARTICLE 5. ORDERING

All orders imply unreserved acceptance of these GTS, the privacy policy and the legal notices available on the Site, without prejudice to any special conditions agreed between the parties. No special condition derogating from common law shall be enforceable unless accepted in writing.

5.1 General information

To facilitate the Order process, the Customer may create a Customer Account. By creating a Customer Account, the Customer saves his/her personal details and will not need to enter them again for subsequent Orders.

A Customer Account can be created either during the Order process, when validating the shopping basket, or beforehand, by clicking on "Login" on every page of the site.

Customers must identify themselves by means of a valid e-mail address and choose a password. The customer's own password must then be confirmed. These elements are confidential. Customers are solely responsible for the consequences of using their account, until it is deactivated.

To continue registration, the Customer must enter his/her surname, first name, year of birth, postal address, telephone number and e-mail address. An address of usual residence does not include a hotel or other holiday address, a post office box and/or a poste restante.

The Customer must provide true and sincere information and must update it after any change affecting it. All changes must be made online and take effect on the first working day thereafter.

DS55 may automatically, without notice or compensation, deactivate a Customer's account in the event of non-compliance by the Customer with the terms and conditions of sale, non-payment by the Customer of sums due or actions contrary to the interests of DS55.

Any Customer who wishes to deactivate his account must notify DS55 by clicking on "Contact".

5.2. Order process

Orders are placed exclusively via the Site.

The Customer materializes his order by completing the following five steps:

-Selection of Products: The Customer selects the Products chosen and adds them to his basket after selecting the size and color desired.
- Checking the basket: The Customer checks the contents of his basket by clicking on "order" to access the order summary. They can then modify their order. The total amount of the order, including VAT, distinguishing between the price of the Products and delivery charges, is indicated in the summary. If the customer has a benefit code, he/she must enter it in the space provided.
- Delivery and billing details: The customer enters his/her delivery and billing details. Unless otherwise specified, the billing address will automatically be the same as the delivery address. If the Customer already has an account, he/she identifies himself/herself with his/her e-mail address and password.
- Payment : Customers can access payment options by clicking on the "Proceed to payment" button. DS55 may modify the range of Products offered for sale on its Site at any time, depending in particular on the constraints of its suppliers, without prejudice to orders already placed by the Customer.

The registration of an Order on the Site is completed when the Customer accepts the present General Terms and Conditions of Sale by ticking the appropriate box and validates the Order. The Customer has the opportunity to check the details of his Order, its total price and to correct any errors before confirming his acceptance (in accordance with article 1127-2 of the French Civil Code). This validation implies acceptance of the entirety of these GCS and constitutes proof of the contract between the Customer and DS55.

As soon as payment has been accepted, the Customer receives a confirmation e-mail summarizing the items ordered, the billing and delivery address, and the delivery date. Validation of the order and the confirmation sent constitute the conclusion of a sales contract between the Parties and acceptance of the General Terms and Conditions of Sale.

The order confirmation is recorded on DS55's registers, which are kept on a reliable and durable medium.

5.3 Unavailability/cancellation of order

In the event of unavailability, missing and/or sold-out Products, the Customer will be informed as soon as possible of the partial delivery or cancellation of his order.

In the event of total cancellation of the order due to unavailability, the Customer's bank account will not be debited (in the case of payment by card). Any sum definitively received by DS55 will be reimbursed to the Customer as soon as possible.

In the event of partial cancellation of the order, due to unavailability, the Customer's order will be validated and his bank account will only be debited for the amount of the available items actually dispatched. Any sum definitively received by DS55 will be reimbursed to the Customer for the amount of the unavailable Products as soon as possible.

5.4. Refusal of order

DS55 reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that may be due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous orders.

Likewise, DS55 reserves the right to refuse any Order from an Individual Customer in the event of legitimate reasons within the meaning of article L.121-11 of the French Consumer Code and case law on the subject, and in particular when :

- the number of items or the amount to be paid (for a single order or several orders combined) does not correspond to the usual average use of a household,
- the order suggests that an economic activity is being carried out by the Customer in connection with the items ordered.

ARTICLE 6. PRICES

Prices are quoted in euros, inclusive of all taxes and excluding delivery charges. The value-added tax is that in force in the country of delivery on the day the order is validated.

The prices applied are those communicated on the Site and confirmed to the Customer when the order is validated.

Delivery costs are communicated to the Customer on the order summary before the order is validated, and are inclusive of all taxes. These costs are payable by the Customer and are invoiced in addition to the sale price of the Products.

DS55 reserves the right to modify its prices at any time, in particular according to the cost of raw materials and economic and professional conditions, within the framework of the legal provisions in force.

Promotions such as "Free shipping" may change regularly. These promotions are occasional. Products on special offer are announced on the Site's home page and are only valid under certain conditions.

The different methods of delivery of the Products and their cost are specified on the Site when the order is placed.

In the event of a price change, and when the Products forming the subject of a single order have not been delivered in full, the balance of the order will be invoiced at the price in force on the day of the order.

An invoice is drawn up by DS55 and given to the Customer upon delivery of the Product or collection of the Products ordered. At the Customer's request, this invoice may be issued exclusively by electronic means.

ARTICLE 7. TERMS OF PAYMENT

7.1. Payment process

Unless otherwise specified, the order price is payable in full in a single instalment.

If payment is accepted, an order confirmation will be sent to the Customer.

If payment is not accepted, the Customer has up to three attempts to re-enter his/her bank details. After the third refusal, the Customer will be invited to contact Customer Service.

The order confirmation is recorded on DS55's registers, kept on a reliable and durable medium. The Customer agrees that the order confirmation shall be considered as proof of the contractual relations between the Parties.

7.2. Payment methods

7.2.1. Credit card

When ordering on the Site, the Customer selects the type of credit card used in the space dedicated to the payment process, and enters his/her bank details in the fields indicated. The Site accepts Visa, Mastercard and American Express. The customer must enter the card number, validity date and visual cryptogram. Depending on the amount, 3D-Secure authentication may be required.

Credit card payments are secured by Lyra Network (Terms and Conditions: https://www.lyra.com/fr/mentions-legales/), and are PCI-DSS certified.

7.2.2. Paypal

Customers may also pay for purchases using the Paypal secure payment system. Payments via the Customer's Paypal account are made on Paypal's secure site (www.paypal.com). All information exchanged to process payment is encrypted using SSL (Secure Socket Layer) protocol. This data cannot be detected, intercepted or used by third parties.

ARTICLE 8. DELIVERY

8.1. Place of delivery

Products may be delivered to Metropolitan France (including Corsica and Monaco) and to any other destination, provided that the recipient pays the taxes or customs duties applicable to the country of destination.

8.2. Delivery time

DS55 will deliver orders with a delivery note within a maximum of ten (10) working days for Metropolitan France, and twenty (20) working days for all other destinations, from the day following payment of the order. Orders placed on the Site from Monday to Friday before 2 p.m. are processed the same day; after 2 p.m., they are processed the following day. Orders placed on Fridays after 2 p.m., Saturdays and Sundays are processed on the following Monday.

In the event of a delay in delivery, DS55 will inform the Customer as soon as possible. The latter may also inform DS55 of the delay in delivery by contacting customer service.

DS55 undertakes to do everything necessary to determine the cause of the delay and to find a suitable solution with a view to the actual delivery of the Products ordered as soon as possible.

However, if the Products ordered have not been delivered within the period indicated or, failing this, within a period of thirty (30) days after confirmation of the order, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L.216-6, L.216-7 and L.241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of cancellation of the contract, to the exclusion of any compensation or deduction (art. L.216-7 C. Conso).

The sum paid by the Customer is automatically increased by 10% if reimbursement is made no later than fourteen (14) days after this term, by 20% up to thirty (30) days and by 50% thereafter. (Art. L.241-4 C. Conso)

8.3. Transport and delivery tracking

Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier has easy access.

The parcel containing the Products ordered and paid for is delivered by hand to the exact address given when the order was placed. Deliveries are made against signature.

In the event of a special request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by DS55, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.

For online orders placed on the Site, an e-mail will be sent to the Customer to notify him of the departure of his Product and will give him all the information needed to follow the execution of the order. DS55 cannot be held responsible for non-receipt of the e-mail if the e-mail address supplied by the Customer is incorrect.

The Customer is required to provide a correct delivery address, as well as a telephone number for the carrier. In the event of an error and/or changes to these details not reported, or in the event of the Customer's absence, which would result in the Product being returned, storage costs and all related costs will be borne exclusively by the Customer, and will be subject to presentation of an invoice and supporting documents.

In cases where the Customer has arranged an appointment with a carrier for delivery of the Product, it is hereby specified that DS55 reserves the right to invoice, on presentation of receipts, the costs of the carrier's second presentation, in cases where the Customer has not complied with the terms of the first appointment made with the carrier.

Similarly, if the Customer is absent at the time of delivery, a delivery notice may be left in the letterbox attached to the delivery address. The customer is then invited to contact the carrier or customer service directly.

In cases where the actual configuration of the delivery site physically prevents the Products from being unloaded, the carrier reserves the right to cancel the delivery. In this case, delivery charges will remain payable by the Customer. It is the customer's responsibility to contact customer service. The Customer will then be informed of the new methods and costs of delivery.

8.4. Provisions of the French Consumer Code

L.216-6 of the French Consumer Code

I.-In the event of a breach by the professional of his obligation to deliver the goods or provide the service under the conditions set out in article L. 216-1, the consumer may :

1° Notify the professional of the suspension of payment of all or part of the price until the professional complies, under the conditions of articles 1219 and 1220 of the Civil Code;

2° Rescind the contract if, after having given formal notice to the professional to deliver or provide the service within a reasonable additional period, the latter has not performed within this period.

The contract shall be deemed to have been terminated on receipt by the trader of the letter or writing informing him of such termination, unless the trader has performed in the meantime.

II.-The consumer may, however, immediately cancel the contract:

1° Where the trader refuses to deliver the goods or provide the service, or where it is clear that he will not deliver the goods or provide the service;

2° Where the trader fails to fulfil his obligation to deliver the goods or provide the service on the date or at the end of the period provided for in article L. 216-1, and where this date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request made by the consumer before the conclusion of the contract.

The provisions of this article are without prejudice to the award of damages.

L.216-7 of the French Consumer Code

When the contract is terminated under the conditions set out in article L.216-6, the professional shall reimburse the consumer for all sums paid, at the latest within fourteen days of the date on which the contract was terminated.

L.241-4 of the French Consumer Code

When the professional has not reimbursed the totality of the sums paid by the consumer under the conditions set out in article L. 216-3, this sum is automatically increased by 10% if reimbursement is made no later than thirty days after this term, by 20% up to sixty days and by 50% thereafter.

ARTICLE 9. COMPLIANCE

As a general rule, Products are delivered in packaging with sufficient protection to ensure safe transport.

On delivery or on taking possession of the Product, in order to facilitate DS55's recourse against the carrier, the Customer is invited to check the condition and contents of the package delivered or collected before signing any delivery document.

If any anomaly is noted (torn or open packaging, missing or damaged products, etc.), DS55 advises the Customer to refuse the package.

If the Customer accepts the delivery despite the finding of anomalies (breakage, damage, non-conformity: error in Products, colors, dimensions; missing items, etc.), he must make the necessary reservations, detailed, legible and as precise as possible.

If the Customer has not had the opportunity to express any reservations at the time of delivery or collection of the package, he/she is invited to express his/her reservations to Customer Service (at the following address: Customer Service, DS55, 1B rue de Saint Louis, 57150 CREUTZWALD, or via the "help center" in the "help me" section within 3 days, not including public holidays, following receipt of the item(s), and at the latest within 10 days, not including public holidays, following receipt of the item(s).

These provisions do not exclude the Customer's recourse under the legal warranty of conformity referred to in article 12.2 below.

ARTICLE 10. TRANSFER OF OWNERSHIP - TRANSFER OF RISK

10.1. Transfer of ownership

Ownership of the Products is transferred to the Customer only after full payment of the Price by the latter, regardless of the delivery date of the Products.

10.2. Transfer of risk

Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place at the moment when the Customer, or a third party appointed by the Customer to receive the Products, takes physical possession of the Products.

ARTICLE 11. RIGHT OF WITHDRAWAL

Under the terms of article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from the day after delivery or collection of the Products ordered, to exercise his right of withdrawal from DS55, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement.

If the period of fourteen (14) working days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

If the Customer exercises his right of withdrawal, the Products must be returned in their original packaging, in as-new condition, accompanied by any accessories and instructions in perfect resaleable condition, a copy of the original purchase invoice to which the Products relate and the returns number provided by DS55 customer service.

Products must be returned in their original packaging, with their label and any accessories, in perfect condition. The product must not have been worn, washed or altered in any way. This could lead DS55 to hold the Customer liable under the terms of Article L. 221-23 of the French Consumer Code.

The right of withdrawal can be exercised online by accessing our Help Center, where you will find all the necessary information and procedures, or by post to the following address:

DS55
1 Bis rue St Louis
57150 CREUTZWALD

And by using the model form attached to these GTC (or any other equivalent statement unambiguous as to the desire to withdraw).

On receipt of the withdrawal request, DS55 will immediately send the Customer confirmation on a durable medium, offering him or her :

- Either a prepaid voucher for returning the Product concerned. Where applicable, the amount of this prepaid voucher will be deducted from the reimbursement made by DS55 for the withdrawal;

- Or return the Product concerned to the Customer.

In any event, DS55 will send the Customer a return agreement containing a return number and specifying the procedures for returning the package. The Customer must print and stick this return number on the parcel to enable the request to be processed more quickly.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased will be refunded; in all cases, DS55 will be responsible for the return costs for certain countries (Metropolitan France, Corsica, Germany, Belgium, Luxembourg, Netherlands, Spain). For other countries, a prepaid return slip can be downloaded, but a lump sum will be deducted from the refund.

The Customer undertakes to return the Products to DS55 within fourteen (14) calendar days of notification of his decision to withdraw.

In the absence of receipt of the Product or proof of shipment thereof within this period, DS55 reserves the right to postpone the Customer's refund until the day of receipt of the said Product.

The refund may be made within a maximum period of fourteen (14) working days from receipt by DS55 of the Products returned by the Customer under the conditions set out in this article.

The sum paid by the Customer is automatically increased by the legal interest rate if reimbursement takes place no later than ten days after the expiry of the periods set out in the first and second paragraphs of article L. 221-24, of 5% if the delay is between ten and twenty days, of 10% if the delay is between twenty and thirty days, of 20% if the delay is between thirty and sixty days, of 50% between sixty and ninety days and of five additional points per new month of delay up to the total sale price of the Product concerned by the retraction, then of the legal interest rate.

DS55 will reimburse the Customer using the same means of payment as the one used on the day of the order, unless the means of payment used does not allow this.

No refunds will be made in the store.

Furthermore, in the case of a gift, the right of retraction is for the exclusive benefit of the Customer and may not under any circumstances be exercised by the recipient of the gift.

ARTICLE 12. LIABILITY - GUARANTEES

12.1. Liability

DS55 may not be held liable, in whole or in part, if the Customer fails to comply, in whole or in part, with these GTC, or in the event of unforeseeable and insurmountable acts by third parties or in the event of force majeure within the meaning of article 1218 of the French Civil Code as interpreted by case law.

DS55 shall not under any circumstances, even if it were held liable, be required to compensate for indirect damage.

The Products offered for sale on the Site comply with current French legislation. DS55 may not be held liable in the event of failure to comply with the legislation of the country where the Product is delivered (for example in the event of a ban on a title or a product). It is the Customer's responsibility to check with the local authorities the possibilities of importing or using the Products he/she intends to order.

DS 55 cannot be held responsible for elements beyond its control and for any damage that may be suffered by the technical environment of any user of the Site, and in particular computers, software, network equipment (modems, telephones, etc.) and any equipment used to access or use the Site.

12.2 Legal warranties

The Products supplied by DS55 benefit by operation of law and without additional payment in accordance with legal provisions:

- the legal guarantee of conformity (art. L.217-1 to L.217-17 of the French Consumer Code), for Products that appear to be defective, damaged or not corresponding to the order;

- the legal warranty against hidden defects (art. 1641 to 1649 of the French Civil Code) arising from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,

With regard to the legal guarantee of conformity, under the conditions and according to the terms set out in the box below, the Customer :

The consumer has a period of two years from the date of delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

The legal warranty of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal warranty of conformity entitles the consumer to repair or replacement of the good within thirty days of his request, free of charge and without any major inconvenience for him.

If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if :
1° The professional refuses to repair or replace the good;
2° The repair or replacement of the good takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming good, or if he bears the costs of installing the repaired or replacement good;
4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.

The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.

Any period of immobilization of the good with a view to its repair or replacement suspends the warranty which remained in force until the delivery of the reconditioned good.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

Any seller who obstructs the implementation of the legal warranty of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales(article L. 241-5 of the French Consumer Code).

Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in return for the return of the good.

This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period is the day on which the consumer becomes aware of the lack of conformity.

In order to assert his rights, the Customer must inform DS55 in writing at the address indicated in article 13 of the non-conformity of the Products or the existence of hidden defects and return the Products.

DS5 will reimburse, replace or have repaired (where applicable) the Products under warranty deemed to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.

Reimbursements for Products found to be non-compliant or defective will be made as soon as possible, and at the latest within thirty (30) days following the Shop's finding of the non-compliance or hidden defect.

Reimbursement will be made by cheque sent to the Customer, or by any other means expressly accepted in writing by the Customer.

Notwithstanding the foregoing, DS55 shall not be held liable in the event of misuse, use for professional purposes, negligence on the part of the Customer, accident or force majeure.

DS55's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 13. CUSTOMER SERVICE

For any question or problem concerning an order or the use of a product, we invite you to consult our Help Center, where you will find all the necessary information and the steps to follow. You can also contact us by telephone on 03 87 93 80 43.

In more detail, if a defect is found :

- The Customer must contact Customer Services as soon as possible, describing the elements found; Customer Services may ask the Customer to produce a photograph;
- An initial diagnosis will then be made by Customer Services;
- In general, returns of Products without prior authorization from DS55 will not be accepted.

ARTICLE 14. FORCE MAJEURE

The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the French Civil Code.

ARTICLE 15. INTELLECTUAL PROPERTY RIGHTS

All elements (in particular trademarks, logos, texts, illustrations, graphics, images, photographs, films, product models, etc.) reproduced or represented on the Site are the exclusive property of DS55, or DS55 holds the rights allowing such reproduction or representation on the Site.

Any reproduction, imitation or use, even partial, of these elements by any third party not expressly authorized is strictly forbidden and may give rise to legal proceedings, notably on the basis of the provisions of the French Intellectual Property Code. Such acts may also be prosecuted on the basis of the image rights of the models whose images are reproduced on the Site.

ARTICLE 16. PERSONAL DATA - TELEPHONE CANVASSING

Pursuant to Regulation (EU) 2016/679 of April 27, 2016 known as "RGPD" and Law n°78-17 of January 6, 1978 amended by Law n°2018-493 of June 20, 2018, it is recalled that certain nominative data of the Customer requested by DS55 are necessary in particular for the processing and payment of the order, for any complaints relating thereto and for invoicing, as well as for the communication of "newsletters" emanating from DS55 and relating to Products similar to those already ordered.

In accordance with current regulations, the Customer's personal data may be communicated to any DS55 partners responsible for the execution, processing, management and payment of orders.

In all cases, personal data is not transferred outside the European Union.

The processing of information communicated via the Site complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such data.

In accordance with the regulations in force, the Customer has, at any time and under certain conditions specific to each right, a right to information, a right of access and rectification, opposition, deletion, limitation of processing and portability of all his personal data by writing to DS55 either using the Help Center accessible in the "Help Me" section, tab "Help Center" of the Site, or at the following postal address:

DS55
1 Bis rue St Louis
57150 CREUTZWALD

ATTENTION: Processing times will be longer if the request is made by post.

Customers also have the right to lodge a complaint about the use of their personal data with the CNIL: Commission Nationale de l'Informatique et des Libertés, 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07 -Tél : 01 53 73 22 22 - Fax : 01 53 73 22 00

In addition, in accordance with article L.223-1 of the French Consumer Code, the Customer may register free of charge on a list of opposition to telephone canvassing via the website www.bloctel.gouv.fr or by post by writing to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret à TROYES (10000).

ARTICLE 17. DISPUTES - CONVENTIONAL MEDIATION

In the event of any dispute arising from the purchase or sale transactions concluded in application of these GTS, the Customer may send a written complaint to the customer service department whose contact details are specified in article 13 of these GTS.

Complaints or disputes will always be received with attentive benevolence, good faith always being presumed in those who take the trouble to explain their situation.

On receipt of a claim, DS55 will assign a file number for operational follow-up.

DS55 will record the elements of proof, both incriminating and exculpatory, in various forms (photos of the equipment returned, expert and/or test reports, technical data sheets, etc. - non-exhaustive list).

If the Customer is not satisfied with the response provided by DS55's customer service, or if there is no response within thirty (30) days of the request being sent, the Customer may, in accordance with Article L.612-1 of the French Consumer Code, send a written complaint to the mediation service to which DS55 belongs, whose contact details are as follows:

Médiateur de la consommation FEVAD
BP 20015 - 75362 PARIS CEDEX 8

The solution proposed by the consumer mediator is not binding on the parties, who remain free to withdraw from the mediation process at any time.

Customers are also reminded that they may also lodge a complaint on the Online Dispute Resolution (ODR) platform provided by the European Commission and accessible at the following address

https://ec.europa.eu/consumers/odr/main/?event=main.complaints.screeningphase

ARTICLE 18. COOKIES

DS55 uses cookies to process Customer orders and personalize the services offered on the Site. Cookies store the Customer's identity and the contents of his shopping basket for 30 days. The Customer may oppose the recording of cookies by configuring his browser, but will then lose all personalization of the service.

ARTICLE 19. LIMITATION OF LIABILITY

Placing an order on the Site implies knowledge and acceptance of the risks associated with the use of the Internet network. DS55 shall not be held liable for any direct or indirect damage resulting from the use of the Site or the connection to the Internet.

ARTICLE 20. APPLICABLE LAW - COMPETENT JURISDICTION

These GTC are governed by French law.

All disputes arising from the purchase and sale transactions concluded in application of these GTS, concerning their validity, interpretation, execution, termination, consequences and consequences, and which could not be resolved amicably between the Customer and DS55, shall be submitted to the competent courts under the conditions of common law.

ARTICLE 21. ECO-ORGANIZATIONS

DS55 is registered with the administrative authority, ADEME.

DS55 is a member of the CITEO (household packaging) and REFASHION (textiles, household linen and footwear - TLC) eco-organizations, under the following unique identification numbers (IDU):

For REFASHION (TLC): FR336412-OIMVFE

To CITEO (packaging) : FR336412-11RVLM

ARTICLE 22. FINAL PROVISIONS

The fact that one of the parties does not exercise, on one or more occasions, the rights, options, claims or actions reserved to it by these GCS, shall not be construed as a waiver or refusal to avail itself of said right, exercise said option, make said claim or exercise said action.

Titles are for convenience only. In case of contradiction between the title and the body of an article, it is understood that the body of the article prevails.

In the event of any of the clauses of these GTC being recognized or declared invalid or in violation of a provision of public policy, said clause shall be deemed unwritten and all other clauses shall remain in force.

APPENDIX 1: WITHDRAWAL FORM (MODEL)

Subject: Exercise of right of withdrawal

Attention:
Customer service
DS 55
1 Bis rue St Louis
57150 CREUTZWALD

In accordance with current regulations, I hereby inform you of my decision to withdraw from the contract for the sale of the product described below:

Product reference / product name: xxxxxxxxx
Ordered on: xxx/xxx/xxx
Received on: xxx/xxx/xxx

Customer's full name: xxxxxxxxx
Delivery address: xxxxxxxxx
E-mail address: xxxxxxxxxxx
Reason for withdrawal (optional): xxxxxxxx
Date: xxx/xxx/xxx

Signature (if this form is sent on paper)