TERMS OF SALES

1. PURPOSE

The website www.ceinturier.com (hereinafter referred to as "the Website") is published by the company, SARL LE CEINTURIER LT, whose registered office is located at 16, imp. de la Fraignaie - 85800 Le Fenouiller, RCS LA ROCHE SUR YON 834 409 286, intracom VAT FR86834409286, telephone: 09 52 711 611, email info@ceinturier.com (hereinafter referred to as "LE CEINTURIER").

The general terms and conditions of sale detailed below aim to define the contractual rights and obligations between LE CEINTURIER and any individual consumer visiting or making a purchase via the said Website (hereinafter referred to as "the CLIENT").

On the Website, LE CEINTURIER allows the Client to order LE CEINTURIER brand products online (hereinafter referred to as "the Product(s)") according to these general conditions.

The validation of the order placed with LE CEINTURIER by the Client implies an unreserved acceptance of these terms and conditions of sale and the recognition of a perfect understanding of them.

These general conditions may be modified at any time and without prior notice by LE CEINTURIER, the applicable conditions being those in force on the date of the order by the Client.

The Website is hosted by Shopify Inc., whose registered office is located at 150 Elgin Street, Suite 800, OTTAWA, ON K2P 1L4, Canada, telephone: 1-888-746-7439, email: support@shopify.com.

2. PRODUCTS AND COMPLIANCE

2.1 The Products offered for sale are presented on the Website and accompanied by a description.

2.2 The Products offered by LE CEINTURIER comply with the standards applicable in France.

2.3 Elements such as photographs, texts, graphics, as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Client acknowledges.

Consequently, LE CEINTURIER cannot be held liable for any error or omission in any of these elements or in the event of modification of said elements by suppliers and/or publishers.

LE CEINTURIER strives to present the Products offered on the Website as accurately as possible. Nevertheless, viewing on the Website does not allow for a full appreciation and reproduction of the colors and/or textures of the materials. LE CEINTURIER cannot therefore be held liable for any too marginal difference between the colors and/or textures viewed on the Website and the colors and/or textures of the Product delivered.

3. CLIENT'S OBLIGATIONS

3.1 The Client declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him/her to place an order on the Website.

3.2 The Client undertakes to communicate to LE CEINTURIER the real and necessary information for the performance of the service covered by these conditions, as requested online and according to his/her situation, including his/her valid name, surname, postal address, telephone number, and email address.

The Client is responsible for the consequences arising from false or inaccurate information transmitted or whose reproduction would be illicit.

4. LIABILITIES

LE CEINTURIER has only an obligation of means for all stages of access to the site, from the ordering process to the shipment of the package, or subsequent services.

LE CEINTURIER is only responsible for the content it has published itself.

LE CEINTURIER cannot be held responsible for all inconveniences or damages inherent in the use of the Internet network, including service interruption, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and jurisprudence.

5. PRICES

LE CEINTURIER reserves the right to modify its prices at any time without prior notice and notably in the event of changes in tax or economic data.

Only the current prices indicated at the time of order registration will apply.

Prices are indicated in euros (excluding taxes and including all French taxes) and do not take into account any delivery costs, which are, if applicable, invoiced in addition and whose amount is indicated before final validation of the order by the Client.

The Client assumes any customs liability.

Payment of the full price must be made at the time of the order.

6. ORDER

The validation of the order by the Client constitutes acceptance of the price, the description of the products, and these General Terms and Conditions of Sale.

The Client must provide a valid email address and delivery address and acknowledges by these General Terms and Conditions of Sale that all exchanges with LE CEINTURIER may take place via this address.

The Client must choose the delivery method and validate the payment method.

LE CEINTURIER reserves the right to cancel or refuse an order in the event of non-payment by the Client, an incorrect address, a dispute over a previous order, or any other problem with the Client's account, and this, until the problem is resolved.

In the event of a manifest pricing error, in accordance with the provisions of French law, Le Ceinturier reserves the right to cancel any order containing an incorrect price, even after its validation. The customer will be informed as soon as possible and fully reimbursed if applicable.

If, despite LE CEINTURIER's vigilance, the Products are unavailable, LE CEINTURIER will inform the Client by email as soon as possible. The Client may then cancel the order for this(these) Product(s) and be reimbursed the corresponding price, the rest of the order remaining firm and final.

7. PAYMENT

Full payment must be made at the time of ordering. Under no circumstances can the sums paid be considered as deposits or down payments. No cash on delivery shipments will be accepted, whatever the reason.

The Client pays for his order by credit card, PayPal, or check in accordance with the provisions of this article.

For any credit card transaction, the Client will indicate the number on the front of his card, its expiry date, and the cryptogram on the back of his card (last three digits).

In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online provision of the Client's credit card number and the final validation of the order constitute proof of the Client's agreement to the payment of the sums due under the order form, signature, and express acceptance of all operations carried out.

All payment solutions adopted by LE CEINTURIER are 100% secure; for credit card payments, all information the Client communicates to LE CEINTURIER is strictly protected.

Upon validation and receipt of payment for the order, LE CEINTURIER will send the Client an email confirming it.

8. DELIVERY

LE CEINTURIER delivers its Products in France to all countries of the European Union and can deliver to any country upon request.

Delivery is only made after payment confirmation by LE CEINTURIER's banking institutions.

The Products are shipped to the delivery address or to the relay point indicated by the Client when placing their order, the Client must ensure that they have provided accurate and complete information (such as, in particular: street number, building number, staircase, floor, access codes, intercom names and/or numbers, etc.).

The delivery times indicated on the Website are indicative, corresponding to average processing and delivery times.

LE CEINTURIER undertakes to inform the Client of the progress of their order and cannot under any circumstances be held responsible for consequences due to a return of delivery that is not its fault.

In case of delivery delay of more than seven (7) working days, if the product has not been shipped, the Client may cancel the order by registered letter with acknowledgment of receipt or by a written document on a durable medium (e.g., email) and request a refund of their order, which will be processed by LE CEINTURIER within a maximum of 14 days from receipt of the request.

If the Product was shipped before receipt of the order cancellation for a delivery delay of more than seven (7) working days, LE CEINTURIER will proceed with the refund of the Product and shipping and return costs, within 14 days of receipt of the complete Product, in its original condition, and with all labels.

In case of damaged package (already opened, missing product...), the Client undertakes to notify the carrier (if applicable, do not sign the delivery note unless you record your reservations and refuse the merchandise) and LE CEINTURIER, by any means, of all reservations within 3 days following receipt of the product.

In case of non-conformity of the Products with the order, the Client undertakes to inform LE CEINTURIER within 3 days. The Client may then request a new delivery conforming to their order without additional costs, or in case of impossibility, request the cancellation of the contract with reimbursement of the sums paid.

For certain postal codes corresponding to difficult areas, mountain localities, as well as for coastal islands and Corsica, delivery via DPD may not be available. In this case, delivery will automatically be made by Colissimo to the home, with delivery to the mailbox.

LE CEINTURIER reserves the right to adapt the delivery method according to the served area.

8.1 Delivery by appointment – DPD Predict

For certain home deliveries, LE CEINTURIER offers the DPD Predict service allowing the Client to choose a delivery day and time slot (3-hour slot).

The Client is informed of the delivery slot and can, up to 11 pm on the eve of the scheduled day, modify it (change of date, address, delivery to a neighbor, a Pickup relay point, a DPD agency, or a safe place).

It is up to the Client to ensure their presence during the selected slot. In case of absence during the carrier's visit, a new presentation of the package may be made, which may lead to an extension of delivery times as well as additional costs charged to LE CEINTURIER by the carrier.

After 11 pm the day before, delivery is maintained at the chosen slot and can no longer be modified.

In case of choosing a delivery option without hand delivery (notably delivery to a safe place), the responsibility for the package is transferred to the Client as soon as it is made available.

8.2 Customs duties and import taxes

For any order shipped outside the European Union, customs duties, import taxes, customs clearance fees or other local taxes may be required by the authorities of the destination country. These costs remain the exclusive responsibility of the Client.

Le Ceinturier cannot be held responsible for the amount of these fees or their collection by local authorities.

In case of refusal of the package by the recipient, particularly due to non-payment of duties, taxes or import fees, the initial shipping costs as well as the return, re-routing, storage or processing fees charged to Le Ceinturier may be deducted from the refund made to the Client.

Any refund will only cover the value of the Products actually returned and recovered by Le Ceinturier, after deduction of the aforementioned fees.

9. RETURNS AND REFUND OF PRODUCT(S)

RIGHT OF WITHDRAWAL

The Client may exercise their right of withdrawal and return the Product within 14 working days from the day after receipt of delivery.

The Client will exercise their right of withdrawal by contacting LE CEINTURIER customer service by email info@ceinturier.com.

After communicating their decision to withdraw, the Client then has 14 days to return or restore the goods.

Any withdrawal or return not carried out according to the rules defined above and within the deadlines will not be taken into account and will release LE CEINTURIER from any liability towards the Client.

The Client may request an exchange or refund of the returned product, without penalty, with the exception of return costs which remain at his expense. Nevertheless, in the event of an exchange, delivery costs may be charged again to the Client.

The return or exchange of the Product can only be accepted for Products as a whole, intact and in their original condition, particularly with complete, intact and saleable packaging.

LE CEINTURIER must reimburse the Client for all sums paid, including delivery costs, within 14 days of the recovery of the goods.

9.1 Return (Outside the European Union)

Any return or exchange from a country outside the European Union must be preceded by a prior contact with customer service at the following address: info@ceinturier.com, in order to be assisted in the procedure.

The customer is responsible for ensuring the accuracy of the customs declaration and the completeness of the required documents, to avoid any additional costs during the import of the returned product. In the event of costs resulting from an incorrect, incomplete or missing declaration, these will be borne by the customer and may be deducted from the refund amount.

The provisions relating to customs duties, import taxes and refusal of delivery set out in article 8.2 remain applicable in the event of a return from a country outside the European Union.

10. UNCLAIMED PACKAGE

The Client undertakes to collect their package within a maximum of 6 days when notified of the availability of their package at the chosen relay point.

If the package returns to our workshop and the Client wishes to receive it again, shipping costs will be charged.

In case of a refund request by the client, LE CEINTURIER will proceed with the refund of the order amount, with the exception of shipping costs and return costs, which will be retained to cover the costs charged by the carrier (flat rate of €7).

For shipments outside the European Union, any package refused by the recipient or returned to the sender due to non-payment of customs duties, import taxes, customs clearance fees, or any other local tax will be treated as an unclaimed package. The initial shipping costs as well as all return, re-routing, storage, or processing fees charged to Le Ceinturier will be deducted from any potential refund.

11. WARRANTY

In addition to the legal guarantees of conformity (Articles L.217-4 et seq. of the Consumer Code) and the legal guarantees against hidden defects (Articles 1641 et seq. of the Civil Code), LE CEINTURIER offers the Customer for any belt purchase a commercial guarantee covering the conformity of the Products and ensuring, in case of non-conformity, the repair of the Product for a period of 2 years. This commercial guarantee is valid on all products of the brand LE CEINTURIER.

For belts, this guarantee covers breakage of the buckle, rivets and snaps, and any section of the leather.

This warranty does not cover defects caused by abnormal or improper use or resulting from a cause unrelated to the intrinsic qualities of the products; the warranty can in no case cover leather deformations, scratches, patina and wear due to friction, or buckle scratches.

To claim the commercial warranty, the Customer must contact LE CEINTURIER customer service by email at info@ceinturier.com and justify their request by providing as many details as possible, including attaching photos of the Product. Shipping costs are borne by the Customer.

12. INTELLECTUAL PROPERTY

The structuring of the site, as well as the texts, graphics, images, photographs, sounds, videos, listed products, and computer applications that compose it are the property of LE CEINTURIER and are protected as such by the laws in force under intellectual property rights.

Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the Site, by any means whatsoever, without the prior, express and written authorization of LE CEINTURIER, is strictly prohibited and would constitute an infringement within the meaning of articles L.335-2 et seq. of the Intellectual Property Code.

Access to the Site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any element of the Site, which remains the exclusive property of LE CEINTURIER.

Users are prohibited from introducing data on the Site that would modify or could modify its content or appearance.

Subject to written agreement, LE CEINTURIER may authorize the creation of a hyperlink to any page or document on the Site. LE CEINTURIER reserves the right to have a hyperlink pointing to its site removed at any time if LE CEINTURIER deems it non-compliant with its editorial policy.

In no case shall LE CEINTURIER's agreement incur its responsibility regarding the content of a site using a link pointing to the Site.

The Site may contain hyperlinks pointing to other websites over which LE CEINTURIER has no control. Despite the prior and regular checks carried out by LE CEINTURIER, it disclaims all responsibility for the content that may be found on these sites.

13. FORCE MAJEURE

The parties are exempted from their obligations if a circumstance constituting a case of force majeure as defined by Article 1218 of the Civil Code prevents their execution.

The party invoking such a circumstance must notify the other party within 15 days of the occurrence of this event by registered letter with acknowledgment of receipt and upon its disappearance.

The obligations of the parties will be suspended for the entire duration of the force majeure event, without compensation.

Considered as cases of force majeure are all irresistible and unforeseeable circumstances, unavoidable and which cannot be prevented by the latter, despite all reasonably possible efforts, as defined by French jurisprudence, and in particular, total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blocking of transport or supply means for any reason whatsoever, earthquake, fire, storm, flood, lightning, water damage, governmental or legal restrictions, legal or regulatory changes in marketing methods, blocking of telecommunications including wired or wireless telecommunications networks.

If the force majeure event lasts for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.

14. APPLICABLE LAW AND COMPETENT JURISDICTION

These General Conditions are governed by French law. In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the applicable rules of jurisdiction.

15. GENERAL PROVISIONS

15.1 Partial invalidity of a clause

If any of the provisions of these conditions is declared null or unenforceable by a competent court, it will be deemed unwritten and will not invalidate the other provisions.

15.2 Applicable texts

Art. L. 211-4 of the Consumer Code

The seller is obliged to deliver 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 any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was carried out by him under the contract or under his responsibility.

Art. L. 511-5 of the Consumer Code

-To be in conformity with the contract, the goods must:

1° Be fit for the purpose ordinarily expected of similar goods and, where applicable:

• correspond to the description given by the seller and possess the qualities that the seller presented to the Customer in the form of a sample or model;
• present the qualities that a Customer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the seller's attention and accepted by the latter.

Art. L. 211-12 of the Consumer Code

An action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.

Art. 1641 of the Civil Code

The seller is bound by the warranty against hidden defects of the sold item that render it unfit for the use for which it is intended, or that diminish this use so much that the Customer would not have acquired it, or would have given a lower price for it, had he known about them.

Art. 1648 paragraph 1 of the Civil Code

An action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

16. PERSONAL DATA

LE CEINTURIER undertakes to protect your privacy in accordance with legal requirements, including the General Data Protection Regulation which came into force on May 25, 2018 in the member states of the European Union.

LE CEINTURIER undertakes to use the confidential information of Customers only within the framework of the operation of its Site.

17.1 CUSTOMER CONSENT

By providing personal data on our Site, the Customer accepts the terms of this Privacy Policy and expressly consents to the collection, use, and disclosure of their personal data as set out in this Privacy Policy, as well as the terms of Google's (our statistical analysis tool) and Shopify's (our e-commerce platform) privacy policies stipulated herein.

17.2 COLLECTED DATA

17.2.1 The personal data collected on the Site are as follows:

- surname, first name

- postal address

- email address

- telephone number

- payment information

Personal data is collected when the Customer places an order, creates a customer account, or subscribes to the newsletter.

17.2.2 OTHER DATA COLLECTED

Our Site uses “Cookies,” small files recorded by an Internet server on a device's hard drive. These Cookies or other similar technologies automatically collect information about the Customer's preferences and settings, in order to identify them, obtain information about their use of the Site, and manage the various services provided. LE CEINTURIER thus uses Cookies, in particular, to improve the Customer's browsing experience on the Site.

LE CEINTURIER uses the following Cookies:

• Identification Cookie;
• Geolocation Cookie;
• Abandoned Cart Cookie;
• Most/Last viewed items Cookie;
• Most/Last viewed products Cookie;
• Social media related Cookie;
• Audience measurement Cookie.

Deleting and/or disabling Cookies results in a degraded customer experience and service; however, the Customer can configure and/or delete Cookies from their browser at any time.

17.3 PURPOSES OF DATA COLLECTION

As the data controller, LE CEINTURIER collects the Customer's personal data lawfully and in compliance with their rights. The main objective of collecting personal data is to offer a safe, optimal, efficient, and personalized customer experience.

The information collected by LE CEINTURIER, including personal data, is used for the following purposes:

• Account creation and access procedure, account management;
• Managing orders, providing products and services, processing payments, transmitting orders;
• For the technical management of the Site and its operational functions (including logistics), as well as for resolving any technical problem, statistical analyses, tests and research;
• To prevent or detect fraudulent activities or abuse likely to harm the Site or jeopardize the security of transactions;
• To manage, if applicable, promotions, contests or any event available on the Site;
• To respond to Customer requests (e.g., managing information requests) and communicate with them.

17.4 SHARING OF COLLECTED DATA

LE CEINTURIER undertakes to keep all personal data collected via the Site and to share it only in certain circumstances and in accordance with the provisions of amended Law No. 78-17 of January 6, 1978.

LE CEINTURIER does not share personal information, except in the following cases:

• Internal use: LE CEINTURIER transmits information to its advisors and third-party service providers who work on behalf of the company and require access to Customer data to perform the tasks entrusted to them by LE CEINTURIER (for example: hosts, online payment providers and organizations, carriers); these providers will only have access to Customer data to perform these services and will be bound by the same security and confidentiality obligations as LE CEINTURIER;
• For analytical purposes: LE CEINTURIER transmits data to third parties for statistical analysis purposes. LE CEINTURIER does not sell, exchange, or rent the Customer's personally identifiable data to third-party websites or third-party companies for commercial purposes; these providers have limited access to Customer data, within the framework of performing these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on personal data protection;

As indicated above, the Customer's personal data may be transferred and/or otherwise accessible to third-party service providers, including outside the European Economic Area, for the exclusive purposes of providing services or if required by applicable regulations.

LE CEINTURIER will systematically require these third parties to take, in accordance with current regulations, all appropriate organizational and technical measures to preserve the security and confidentiality of personal data.

By using the Site, the Customer expressly consents to the transfers of their personal data under the conditions described above.

Data transfer to Shopify

LE CEINTURIER uses Shopify as an e-commerce platform. To learn more about the use of data collected by Shopify, visit https://www.shopify.com/legal/privacy?utm_source=exacttarget&utm_medium=email&utm_campaign=support&utm_content=gdpr

Data transfer to Google Analytics

LE CEINTURIER uses Google Analytics, a website analysis service from Google, Inc. (“Google”) to improve the functioning of the Site. Google uses the data collected to track and study the use of the Site, to prepare reports on activities, and to share them with other Google services. Google may use the data collected to contextualize and personalize ads from its own ad network. The Customer can consult the page https://policies.google.com/privacy to avoid being tracked by Google Analytics.

Data transfer to social networks

The Site uses various social media plugins provided by major social media platforms (e.g., facebook.com and twitter.com).

When browsing the Site, browsing data may be transferred directly to the social networks concerned, even without direct interaction from the Client. The Client acknowledges and accepts that the management of social network plugins is directly handled by the company managing the corresponding plugin. When the Client uses the plugins available through the Site (e.g. logs in to a social network with their identifiers, or links their LE CEINTURIER account to their social network account, clicks the Facebook "like" or "share" button), the Client's browser establishes a direct connection with the social network's server, which sends the plugin's content directly to the Client's browser.

LE CEINTURIER may therefore receive data concerning the Client, in accordance with the terms of use and privacy policy of the social network concerned, and may add this information to the Client's personal data it has already collected via the Site.

If the Client agrees to share information with social networks, LE CEINTURIER will share the data with them in accordance with the Client's preferences.

Any information communicated to the social network, including any personal data, will be subject to the privacy policy and general terms of use of that social network.

17.5 PERSONAL DATA RETENTION PERIOD

LE CEINTURIER accesses, uses, processes, categorizes, and stores collected personal data solely for the purposes described above.

Personal data is retained for the period necessary to fulfill the purposes for which the data was collected and processed, and in accordance with any retention period required by applicable law.

In any case, the data retention period will not exceed 99 years.

17.6 CLIENT RIGHTS AND RECOURSES

In accordance with Law No. 78-17 of January 6, 1978, relating to information technology, files, and freedoms, as amended in 2004, the Client has the right to access, rectify, object to, and delete personal data concerning them. The Client can exercise this right by sending an email to info@ceinturier.com.

In application of Regulation 2016/679 of April 27, 2016, natural persons may at any time exercise their right to restrict processing, erase their data, and data portability from May 25, 2018.

LE CEINTURIER will respond within 2 months after the right is exercised.

In case of an unsatisfactory response, the data subject has the right to contact the CNIL in France or any other local organization authorized to handle this type of request.

17.7 DATA CONTROLLER

If the Client has any questions or comments regarding this Privacy Policy, the data controller can be contacted at any time via the following means:

Either by mail, to the following address:

LE CEINTURIER Customer Service, 16, imp. de la Fraignaie - 85800 Le Fenouiller, indicating your first name, last name, address, email, and if possible client reference to expedite the processing of your request.

Or by email to the following address: info@ceinturier.com.