General conditions of sale

1. DEFINITIONS

“Customer”: an individual, non-professional (consumer) who purchases a product presented on the online store of the website https://www.maquettest.poivre-blanc.eu/ solely for personal use, as defined by law and case law, residing in mainland France (excluding Corsica).

“Poivre Blanc International”: a Swiss public limited company, with its headquarters at Route de Fribourg 4, c/o Urbanfisch Sàrl, 1782 Belfaux, Switzerland, registered in the Fribourg Commercial Register under number CH-217.3.554.208-8.

“Poivre Blanc International and its affiliated company”: the public limited company Poivre Blanc International and the limited liability company S I3.

“S I3”: a French limited liability company, with its headquarters at 67, Montée de Saint-Menet – Bâtiment Woodstock, 13011 Marseille, France, registered in the Marseille Register of Commerce and Companies under number SIRET 328 998 737 00048.

“Order”: a product requested by a customer on the online store of the website https://www.maquettest.poivre-blanc.eu/

“Products”: all products featured on the online store of the website https://www.maquettest.poivre-blanc.eu/

“Website”: https://www.maquettest.poivre-blanc.eu/

2. SCOPE

The Website is managed by Poivre Blanc International and its affiliated company (hereinafter “PBI”).

All orders placed on the Website are subject to these General Terms and Conditions of Sale (hereinafter “GTC”).

PBI markets in mainland France (excluding Corsica), ready-to-wear clothing and fashion accessories for women, men, and children, exclusively intended for consumers, as defined in article 1 of the GTC.

The Customer declares that the purchase of the Products is not directly related to a professional activity and is limited to strictly personal use.

Any fraudulent or presumed fraudulent Order will be considered by PBI as null and void.

Before placing any Order, the Customer acknowledges having read the GTC and expressly agrees to them, without restriction or reservation, when validating their Order by clicking on “pay now”.

3. CONCLUSION OF THE CONTRACT

3.1. PRODUCT CHARACTERISTICS

All information relating to the Products and their use, such as colors, sizes, weights, dimensions, capacities, prices, performances, and other data can be found on the Website by clicking on a specific Product.

Before placing an order, the Customer can verify the essential characteristics of the Product.

3.2. ORDERS

The Customer places the Products in a shopping cart and clicks on “Order” (first click).

The Customer then checks all the Products and the total price in their cart and either modifies or confirms their Order with a payment obligation (second click).

The contract between PBI and the Customer is concluded when the Customer confirms their Order with a payment obligation.

After placing the Order, the Customer is bound by it and cannot modify or cancel it unilaterally, except for the exercise of the right of withdrawal mentioned in article 8 of the GTC.

PBI will immediately and automatically confirm the acknowledgment of the Order by sending the Customer a first email, and a second email will inform them of the Order’s shipping date.

The Customer is informed that the emails are sent to the email address they provided, and PBI will not be liable for any errors in the input of the email address, non-receipt of emails, or missing emails.

In the case of total or partial unavailability of the Products ordered by the Customer, PBI will inform them by email as soon as possible about the unavailability and the total or partial cancellation of their Order.

In accordance with article L. 121-11 of the Consumer Code, PBI also reserves the right to refuse or cancel any Order whose number of Products or amount to be paid (for a single Order or multiple combined Orders) does not correspond to the usual average usage of a household, any Order placed in bad faith, any abnormal Order, or for any other legitimate reason, particularly if there is a dispute with the Customer regarding the payment of a previous Order, fraud, or an attempt at fraud related to the use of the Website.

In the event of Order cancellation by PBI, any payment already made by the Customer will be refunded in accordance with the policy and procedures of the credit card and/or PayPal company.

4. PRICE

The prices indicated on the Website include VAT and are expressed in euros (EUR).

The price indicated is determinative for the placement of the Order with an obligation to pay.

The price of a Product can be modified by PBI at any time on the Website. The validity period of offers and prices is determined by the Website update.

The Customer is informed that in rare cases, pricing errors may occur. In such cases, PBI reserves the right to cancel the Order in accordance with article 1169 of the Civil Code, and the Customer will be refunded according to the policy and procedures of the credit card and/or PayPal company.

The Customer is informed that the Products on the Website may have different prices on other websites or in stores. The Customer is not allowed to request a refund in the event of a price difference.

5. PAYMENT METHOD

The Customer chooses their payment method when placing their order.

PBI currently offers the following payment methods to the Customer: Credit card (Visa, Mastercard, American Express) and PayPal.

PBI can modify the payment methods at any time.

Upon confirmation of the Order, PBI will be entitled to collect the total price of the Order, and the Customer’s account will be debited at that time.

The Customer confirms that they are the holder of the credit card or PayPal account and/or that they have the necessary authorizations to use the chosen payment method.

In the event of a payment failure, the Order will be immediately cancelled.

PBI takes all necessary measures to ensure the confidentiality and security of the data transmitted on the Website.

6. SHIPPING

6.1. SHIPPING METHODS

Shipping methods are mentioned just before the Customer places their Order.

PBI offers standard and express delivery options, which can be modified at any time by PBI.

The Products ordered by the Customer will be delivered to the address they specified as the delivery address when placing the Order.

Express delivery is carried out by a delivery service determined by PBI.

Services such as unboxing, installation, or adaptation of Products are not included in express delivery.

The Customer ensures that the provided delivery address is serviced by the DPS transport service.

6.2. SHIPPING FEES

Deliveries can only be made in mainland France (including Corsica) and Belgium.

Standard shipping fees are EUR 9.00 for mainland France (*excluding Corsica) and Belgium.

*Corsica shipping fees

• Orders amount under €120  – 32,00 EUR
• Orders amount over €120 – 41,00 EUR

Shipping fees are free for any order over EUR 109.00 to mainland France (excluding Corsica) and Belgium.

Shipping fees will be charged to the Customer in addition to the sales price of the ordered Products.

Shipping fees may be modified at any time by PBI.

*Return Free

• Mainland France (excluding Corsica) – EUR 4,80
• Corsica – EUR 15,00
• Belgium  – EUR 4,80

6.3. DELIVERY TIME

At the time of Order placement, the delivery time is mentioned, and once the Order is confirmed, PBI will inform the Customer of the shipping date by email.

In general, in mainland France (excluding Corsica), for standard delivery, the Customer will receive the ordered Products within ten (10) days from the acknowledgment of receipt of the confirmed Order.

However, delivery delays may occur due to high season and unforeseen events, such as strikes.

PBI does not guarantee delivery within ten (10) days and reserves the right to delay delivery.

PBI is not responsible for delays, loss, or misdelivery of Products due to incorrect information provided by the Customer.

7. DELIVERY

The Customer must inspect the package upon delivery and refuse the delivery from the carrier or make reservations with the carrier in case of visibly damaged, opened, reconditioned, or abnormally weighted packages. Failure to comply with this obligation may result in refusal of re-delivery or refund by PBI.

The Customer must also immediately inspect the delivered Product and notify PBI within forty-eight (48) hours of any issues with the Product (damaged, incomplete, or non-conforming). Failure to comply with this obligation may result in refusal of re-delivery or refund by PBI.

To proceed with the necessary verifications, PBI will request the Customer for any information related to the Order, including a summary of the situation, photos/videos of the delivered package and damaged Product, as well as a sworn statement filled out by the Customer.

PBI will conduct an investigation and notify the Customer of the results within a reasonable time.

Depending on the case, PBI will offer the Customer a replacement delivery, free repair, or a full or partial refund of the purchase price.

8. RIGHT OF WITHDRAWAL

8.1. WITHDRAWAL PERIOD

In accordance with article L. 221-18 of the Consumer Code, the Customer has a right of withdrawal that can be exercised within fourteen (14) calendar days from the date of receipt of the Order. If this period expires on a Saturday, Sunday, or public holiday, it is extended until the first working day following.

8.2. LIMITATIONS OF THE RIGHT OF WITHDRAWAL

In accordance with article L. 221-28 of the Consumer Code, the Customer cannot exercise their right of withdrawal in specific cases, such as:

– the supply of Products made according to the Customer’s specifications or clearly personalized;

– the supply of Products that have been unsealed by the Customer after delivery and cannot be returned for hygiene or health protection reasons.

Due to good faith contract execution and environmental impact, PBI may refuse future orders from a Customer in case of an abnormal number of returns.

8.3. PROCEDURES FOR EXERCISING THE RIGHT OF WITHDRAWAL / RETURN POLICY

The Customer can exercise their right of withdrawal by sending a withdrawal statement to PBI. To do so, the Customer must send PBI, within fourteen (14) days, a statement clearly indicating their decision to revoke the sales contract, or a notification containing the following information to:

sav@poivre-blanc.com

Following the model below:

I/We* hereby notify you of my/our withdrawal from the sales contract for the following goods (*)_________________________________________________________

Ordered on (*)/received on (*)_________________________________________________

Name of the consumer(s)__________________________________________________

Address of the consumer(s)________________________________________________

Signature of the consumer(s) and date_____________________________________

*delete as appropriate

Customers wishing to exercise their right of withdrawal must return the ordered Products within the above-mentioned period, in their original packaging, complete with all labels and instructions, and unused (fit for resale) to the following address:

Arthur Welter Logistics Sàrl

Parc Eurohub Sud – 345 Wolser G

L-3434 Dudelange

Grand Duchy of Luxembourg

Opening hours: 10:00 AM to 5:00 PM

Phone: +33 4 91 87 88 82

Email : sav@poivre-blanc.com

The return label provided must be enclosed in the return package.

The purchase price paid for the returned product is refunded to the customer within a reasonable time, after deducting the

*return fee.

• Mainland France (excluding Corsica) – EUR 4,80
• Corsica – EUR 15,00

Shipping fees will also be refunded to the Customer who returns all the Products in an order. PBI will refund using the same payment method as the Customer used when placing the Order, unless the Customer expressly agrees to a different method proposed by PBI.

9. WARRANTY

PBI is subject to the warranty conditions provided by articles L. 217-3, L. 217-4, L. 217-5 of the Consumer Code (legal warranty) and articles 1641 and 1648 of the Civil Code (hidden defects):

Article L. 217-3 of the Consumer Code: “The seller delivers a product that complies with the contract and the criteria stated in article L. 217-5.

It is responsible for any conformity defects existing at the time of delivery of the product, as defined in article L. 216-1, that appear within two years from the delivery. (…)

The seller is also responsible, during the same period, for conformity defects resulting from the packaging, assembly instructions, or installation when the latter was made under the seller’s responsibility or was done incorrectly by the consumer, as per the contract, due to deficiencies or mistakes in the installation instructions provided by the seller.

This warranty period applies without prejudice to articles 2224 and following of the Civil Code. The starting point for the consumer’s action is the day they discover the conformity defect.”

Article L. 217-4 of the Consumer Code: “The product complies with the contract if it meets, among other things, the following criteria:

1° It matches the description, type, quantity, and quality, particularly in terms of functionality, compatibility, interoperability, or any other characteristic specified in the contract;
2° It is fit for any special purpose sought by the consumer, made known to the seller at the time of the contract conclusion and accepted by the seller;

3° It is delivered with all accessories and installation instructions as provided for in the contract;

4° It is updated as required by the contract.”

Article L. 217-5 of the Consumer Code: “In addition to the criteria of conformity to the contract, the product complies if it meets the following criteria:

1° It is fit for the usual use expected from a product of the same type, taking into account any applicable provisions of European Union law and national law as well as technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the relevant sector; (…)

4° If applicable, it is delivered with all accessories, including packaging, and the installation instructions that the consumer may reasonably expect; (…)

6° It corresponds to the quantity, quality, and other characteristics, including in terms of durability, functionality, compatibility, and safety, that the consumer may legitimately expect for products of the same type, considering the nature of the product as well as any public statements made by the seller, any party up the chain of transactions, or anyone acting on their behalf, including in advertising or labeling.”

Article 1641 of the Civil Code: “The seller is liable for hidden defects in the sold item that render it unfit for the use it is intended for, or that significantly diminish its use to the point that the buyer would not have purchased it, or would have paid a lower price if they had known about the defects.”

Article 1648 of the Civil Code: “The action arising from hidden defects must be brought by the buyer within two years of discovering the defect.

In the case outlined in article 1642-1, the action must be brought, under penalty of forfeiture, within one year from the date on which the seller can be discharged from the defects or apparent non-conformities.”

Consumers have two years from the delivery of the Products to invoke the legal conformity warranty in case of non-conformity. During this period, the consumer is only required to establish the existence of the non-conformity, not the date of its occurrence.

The legal conformity warranty gives the consumer the right to repair or replace the product within thirty days of their request, at no cost and without major inconvenience.

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

If the consumer requests the repair of the product, but the seller requires its replacement, the legal conformity warranty is renewed for two years from the date of the product replacement.

The consumer can obtain a reduction in the purchase price by keeping the product, or cancel the contract and obtain a full refund of the returned product, if:

1° The professional refuses to repair or replace the product;
2° The product is repaired or replaced after a thirty-day delay;
3° The repair or replacement of the product causes major inconvenience to the consumer, particularly when the consumer bears the cost of returning or removing the non-conforming product, or when they bear the cost of installing the repaired or replaced product;
4° The non-conformity of the product persists despite the seller’s unsuccessful attempts to make it compliant.

The consumer is also entitled to a price reduction or contract termination when the non-conformity is so serious that it justifies an immediate price reduction or contract termination. In this case, the consumer is not required to request the repair or replacement of the product beforehand.

The consumer does not have the right to terminate the contract if the non-conformity is minor.

Any period during which the product is immobilized for repair or replacement suspends the remaining warranty period until the repaired product is delivered.

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

The seller who acts in bad faith to block the exercise of the legal conformity warranty is liable for a civil fine of up to 300,000 EUR, which can be increased to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).

Consumers also benefit from the legal warranty for hidden defects as provided in articles 1641 to 1649 of the Civil Code, for two years from the discovery of the defect. This warranty allows the consumer to benefit from a price reduction if the product is kept, or a full refund in exchange for the return of the product.

In the case of a valid claim based on the legal warranty, PBI will replace the Product with another identical Product if available or refund the purchase price.

In the case of a valid claim based on hidden defects, PBI will refund part of the purchase price if the Product is kept by the Customer or refund the entire purchase price of the returned Product.

In the case of after-sales service without warranty, the Customer will bear the transportation costs.

10. OWNERSHIP RESERVATION

PBI reserves ownership of the Order until full payment of the purchase price. Ownership is transferred fully and unconditionally to the Customer at the time of payment of the Order.

11. INTELLECTUAL PROPERTY

The “Poivre Blanc” trademark and all other trademarks belonging to PBI, whether figurative or not, the illustrations, images, and logos featured on the Products, their accessories, and packaging, whether registered or not, are and will remain the exclusive property of PBI. Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium, without the express prior consent of PBI, is strictly prohibited. This also applies to any combination or conjunction with any other trademark, symbol, logo, or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models, and patents that are the property of PBI.

12. DATA PROTECTION

The applicable data protection policy can be found at the following address: https://www.maquettest.poivre-blanc.eu/politique-de-confidentialite/

13. FORCE MAJEURE

PBI’s performance of its obligations under these GTC will be suspended in the event of a fortuitous event or force majeure that hinders or delays performance.

PBI will inform the Customer of the occurrence of such a force majeure event within three (3) days from the date of occurrence of the event.

If the suspension of PBI’s obligations continues for more than five (5) days, the Customer may cancel the current Order, and PBI will refund the Customer.

14. INVALIDITY OF A CLAUSE OF THE GTC

If any provision of the GTC is invalidated, that invalidity will not result in the invalidity of the other provisions of the GTC, which will remain in effect between the parties.

15. DISPUTE RESOLUTION

In case of difficulties, the Customer may contact PBI or customer service:

S I3 – Poivre Blanc

67, Montée de Saint-Menet – Bâtiment Woodstock

13011 Marseille

France

sav@poivre-blanc.com

Only claims related to the Products will be considered.

According to article L. 612-1 of the Consumer Code, “Every consumer has the right to free recourse to a consumer mediator for the amicable resolution of the dispute with a professional.”

Disputes within the scope of article L. 612-1 of the Consumer Code are those defined in article L. 611-1 of the Consumer Code, namely contractual disputes regarding the execution of a sales or service contract between a consumer and a professional. The text covers both domestic and cross-border disputes.

Within one year of the Customer’s request to PBI services, in accordance with article R. 616-1 of the Consumer Code, the Customer may have their request examined by a mediator whose contact details are provided below, knowing that a dispute can only be examined by one mediator, unless exceptions apply:

CONSUMER MEDIATOR FEVAD

https://www.mediateurfevad.fr

mediateurduecommerce@fevad.com

16. APPLICABLE LAW AND COMPETENT JURISDICTION

The GTC are governed by French law.

Any dispute arising from the formation, interpretation, or execution of the GTC will be subject to the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or calls for warranty.