GENERAL CONDITION OF SALE

1. INTRODUCTION

This document defines the general conditions governing the use of this website as well as the purchase of products via the site (hereinafter the “General Conditions”). Please read these Terms and Conditions before using this website. By using or ordering through this website, you agree to be bound by these Terms and Conditions. Please do not use this website if you do not agree to all of these Terms and Conditions. These may be subject to change. It is your responsibility to read them regularly as the General Conditions in force on the date on which you use this website or on the date of formation of the Contract (as defined below) will be those applicable.

2. INFORMATION ABOUT US

This website is operated under the name of SARL MWD, whose head office is located at 1750 chemin du Plan d'Olive 13260 Cassis (FRANCE) and whose VAT number is as follows: 294 912 039 64 CONFIDENTIALITY POLICY Information or personal information you provide to us will be treated in accordance with the Privacy Statement. By using this website you accept the processing of information and information, and you declare that all information and information that you have provided to us is accurate and true.

3. USE OF OUR WEBSITE

These General Conditions are the only conditions applicable to the use of this website and replace all other conditions, unless previously agreed in writing by the Seller. These Terms and Conditions are important to both you and us in that they have been drafted to create a legally binding agreement between us, protecting your rights as a consumer and our rights as a business. You acknowledge that by placing an order you accept these General Conditions without reservation and declare that you have read them. When recording the Customer's personal data, the latter must ensure the accuracy and completeness of the data he provides. In the event of an error in the wording of the recipient's contact details, SARL MWD cannot be held responsible for the impossibility of delivering the product. By using this website and/or placing an order through it, you agree: To only use this site for legitimate requests or orders. Not to place speculative, false or fraudulent orders. If we have reason to believe that such an order has been placed, we will be entitled to cancel the order and notify the relevant authorities. You also agree to provide an email address, postal address and/or any other contact information and acknowledge that we may use this information to contact you if necessary. If you do not give us all the information we need, we may be unable to process your order. By placing an order on this website, you warrant that you are at least 18 years of age and legally capable of entering into binding agreements.

4. FORMATION OF THE CONTRACT

The information defined in these General Conditions and the details appearing on this website do not constitute an offer to sell but rather an invitation to contract. No contract can exist between you and us regarding the products until we have accepted your order. If your order is not accepted and the amount has already been debited from your account, you will be refunded in full. To place an order, you will be asked to follow the online purchasing process to submit the order. You will then receive an email from us confirming receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to purchase one or more products from us. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email confirming shipment of the product(s) (the “Shipping Confirmation”). The contract for the purchase of the product will only be formed between you and us upon dispatch of the Dispatch Confirmation. The contract will only cover products for which we have confirmed dispatch to you in the Dispatch Confirmation. We will not be obligated to supply you with any other products that may be included in your order until shipment of those products has been confirmed in a separate Dispatch Confirmation.

5. AVAILABILITY OF PRODUCTS

All product orders are subject to availability conditions. In this regard, in the event of delivery difficulties or stock shortages on the products ordered, we reserve the right to give you information on replacement products of equal or greater quality and value that you will be able to order. If you do not wish to order these replacement products, we will refund you any amounts you may have paid.

6. ORDER REFUSAL

We reserve the right to withdraw, at any time, any product from this website and/or to replace or modify any material or content appearing on this website. Although we make every effort to always process all orders, there may be exceptional circumstances in which we may refuse to process an order after sending an Order Confirmation. We reserve the right to do so at any time and in our sole discretion. We will have no liability to you or any third party for our decision to remove any product from our site, whether or not it has been sold, to replace or modify any materials or content appearing on this site, or to refuse to process or accept an order after sending the corresponding Order Confirmation relating thereto.

7. DELIVERY

Subject to the provisions of Section 6 above, and barring exceptional circumstances, we endeavor to process your order for the product(s) indicated in the shipping confirmation before the delivery date established in the document or, if no indicative date is mentioned, within 15 days from the date of the Dispatch Confirmation. Please note that the products are delivered in recycled cardboard, placed in tissue paper with a sticker with your name. Reasons for a delay may include: Unforeseen circumstances Location of delivery Shipping times may be longer during collection releases or annual holidays. Please note that orders are prepared Monday to Friday. For the purposes of these General Conditions, “delivery” will be deemed to have taken place or the order to be delivered upon receipt of the order at the agreed delivery address. Depending on the country of delivery, your packages are delivered by DPD, Colissimo or Chronopost. Delivery times depend on your choice of carrier.

8. INABILITY TO DELIVER

We will be entitled to understand that you wish to cancel the Contract and it may be considered terminated upon the expiry of a period of 5 days from the date on which your order is ready for delivery, which period during where the order has not been delivered for reasons which are not attributable to us. In the event that the contract is considered to be terminated, we will refund the price paid for the products to you as soon as possible and, in any case, within 30 days from the date on which we consider the contract to be terminated. . In such situations, we will be entitled to charge you the delivery costs as well as any costs incurred for termination of the contract. If your package returns to the sender, it will be refunded within 5 to 10 working days. From a logistical point of view, it is not possible to offer reshipment.

9. RISK AND TITLE

You assume the risks inherent in the products from the date of delivery. Ownership of the products will only transfer to you when we have received full payment of the sums due in respect of the products, including delivery costs, or from delivery (as defined in the above-mentioned “Delivery” article) , if this occurs later.

10. PRICE AND PAYMENT

The prices of the products will be those stipulated at all times on our site, except in cases of obvious errors. Although we endeavor to ensure that all prices stated on our site are accurate, errors may still occur. If we discover an error in the price of the products you have ordered, we will notify you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and if you have already paid for the products, you will be refunded in full. We are not obliged to sell the Products to you at an incorrect (lower) price (including after sending you a shipping confirmation) if the pricing error is obvious and unambiguous and could reasonably be identified by you Such as. The prices displayed on our website include VAT but do not take into account delivery costs. These will be added to the total amount. Prices are subject to change at any time. However (except as otherwise provided above), these potential changes will not affect orders for which an order confirmation has been sent. Once you have finished your product selection, all the items you wish to purchase will be added to your cart. You will then need to identify yourself and then proceed to pay for your order. To do this: Click on the “Basket” button on the right of the page Click on the “order” button Fill in or check the information about you, that relating to your order, as well as the delivery and billing addresses. Click on “Order” Select the carrier and check the general conditions of sale box Fill in the fields relating to your bank card You can pay by PayPal, Credit card, Visa and Mastercard. Your card data will be encrypted to limit any risk of unauthorized access. Once we receive your order, we will request pre-authorization of your card to ensure you have sufficient funds to complete the transaction. By clicking on “validate”, you confirm that the bank card used belongs to you. Credit cards are subject to validation checks and authorization from your card issuer. In the absence of the required authorization we will not be liable for any delays or non-delivery of the order and will not be able to form any contract with you.

The seller offers its customers the Alma credit service for the settlement of their purchases and the execution of payment. This is conditional on the customer's acceptance of the T&Cs or the credit contract proposed by Alma.

Any refusal to grant credit by Alma for an order may result in its cancellation.

Any termination of the T&Cs which bind the customer and the seller results in the termination of the T&Cs or the credit contract between Alma and the customer.

Payment in two / three / four installments is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D secure.

Amount of purchases: Only purchases between €150 and €2000 are eligible for payment with Alma.

Fees: by paying in several installments with Alma, the customer does not pay fees except in the following case:

- For payment in four installments: 1.5%

Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the civil code.

Termination: Any termination of the T&Cs which bind the seller and the customer, results in the termination of the T&Cs between Alma and the customer.

The amount is paid by a credit granted by Alma SAS registered on REGAFI under number 90876.

Payment: Payment by credit is available for the payment of their purchases via our partner Alma, execution of payment is conditional on signing the credit contract offered by Alma. The seller accepts in advance the granting of credit concluded between Alma and the customer in accordance with article L312-46 of the Consumer Code. If Alma agrees to grant credit to the customer, the amount will be paid by credit in accordance with article L312-45 of the Consumer Code. Any refusal by Alma to grant credit for an order may result in its cancellation, unless the customer agrees to pay in cash. Any termination of the General Terms and Conditions which bind the seller and the customer results in the termination of the credit contract between Alma and the customer. In the event of withdrawal, customers' costs and interest will be reimbursed in accordance with the regulations.

Security: payment security is ensured by Alma and its service providers. All payments are protected by 3D secure. Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the civil code.

Special case: In the case of a contract of sale or provision of services to be executed successively or delivered within fairly long periods of time, the seller must specify in its General Terms and Conditions the start time of the delivery or supply, for more details you can contact the alma teams on support@getalma.eu

11. VALUE ADDED TAX

In accordance with applicable rules and regulations in force, all purchases made through the website are subject to Value Added Tax (VAT). As such and in accordance with Chapter I of Title V of Council Directive 2006/112/EC of November 28, 2006 relating to the common system of value added tax, the place of delivery is assumed to be that of the Member State of the address to which the items are to be delivered, and the applicable VAT will be that in force in each Member State within which the items are to be delivered in accordance with the orders placed. In accordance with article 283-1 of the CGI, deliveries of goods made on the territory of France for the benefit of customers duly identified for French VAT will be invoiced with application of the reverse charge regime. It will be up to French customers to pay French VAT following the reverse charge mechanism through their respective (French) VAT declaration. Furthermore, deliveries made to Member States other than France for the benefit of customers identified for VAT in this other Member State will be invoiced with application of the exemption provided for in Article 138 of Directive 2006/112/ CE for an intra-community delivery of goods, after having received from the customer a VAT number (other than a French VAT number) appearing as valid on the European VAT number validation site 'VIES'. Any additional costs related to the delivery of your order (customs fees, import fees, taxes) are your responsibility.

12. EXCHANGES AND RETURNS POLICY

12.1. RIGHT TO RETRACT

Under the applicable regulations, in your capacity as a contracting consumer, you are entitled to cancel the contract at any time, you benefit from a withdrawal period of 14 days from the day after delivery of the products, failing which the sale is deemed firm and final. Subject to compliance with all the following conditions and terms, reimbursement will be provided by the seller. Use of this right of withdrawal for defective products must be reported within 48 hours of receipt of the package by email to the following address: hello@pako-litto.com, accompanied by photos of the defect in question. We do not carry out exchanges, if you want a new size, a new color or even a new piece, simply make your return request and reorder on the e-shop. In the event of an error on our part regarding the correct delivery of the product, as far as possible, we will send it again. You have fourteen days (14) after your purchase to return your items. Items must be returned in their original packaging, new, with the original labels, unworn and unwashed. A fixed penalty will be deducted from items returned to us without the original labels. For any item returned stained or damaged, the costs of packaging, repair, washing and/or pressing will be immediately deducted from the amount refunded. The return of the product is the responsibility of the consumer if the place of delivery is outside mainland France, Belgium, Germany, the Netherlands and Luxembourg. If you have any questions, do not hesitate to contact us by email hello@pako-litto.com or by telephone at +33 4 86 36 18 04

12.2. APPARENT DEFECT AND NON-CONFORMITY OF PRODUCTS

When you consider that the product is tainted by an apparent defect or does not comply with the contract at the time of delivery, you must contact us by email hello@pako-litto.com indicating the details of the product and a description of the defects /damage noted. Otherwise, no claim will be valid and no return or exchange will be possible. You can also contact us by telephone on +33 4 86 36 18 04 where we will inform you of the steps to follow.

13. LIABILITY AND EXCLUSIONS

Our liability with respect to any product purchased through our website is strictly limited to the purchase price of such product. Nothing in these Terms and Conditions will exclude or limit our liability for: Death or personal injury caused by our negligence; Fraud or gross negligence, including on the part of our employees or agents; or Any matter for which it would be illegal or contrary to law for us to exclude or limit, or attempt to exclude or limit, our liability. Subject to the following paragraph and to the extent permitted by law, and except as otherwise provided in these Terms and Conditions, we accept no liability for indirect losses arising as a side effect of the main loss or damage and arising or caused by tort (including negligence), breach of contract or otherwise, even if foreseeably, including, without limitation, in the event of: (i) loss of profit or income; (ii) operating loss; (iv) loss of expected savings; (v) loss of data; and (vi) waste of management or labor time. Due to the open nature of this website and potential errors in the storage and transmission of digital information, we do not guarantee the accuracy or security of any information transmitted to or obtained from this site, except as provided express contrary appearing on said site. All product descriptions, information and materials on this site are provided “as is” and without warranty, express, implied or otherwise. To the extent permitted by law, without excluding what could not be legally permitted in the case of consumers, we disclaim all guarantees. The provisions of this article may in no way affect the legal rights you may have as a consumer, nor your cancellation rights.

14. INTELLECTUAL PROPERTY

You acknowledge and agree that any copyright, trademark or other intellectual property rights relating to the information or content appearing on this site shall at all times remain our property or that of our licensees. You are authorized to use this information only as expressly authorized by us. This does not prevent you from using this website to the extent necessary to make a copy of any order or details of a Contract.

15. VIRUSES, HACKING AND OTHER CYBERCRIMES

You may not misuse this website by knowingly introducing viruses, Trojan horses, logic bombs or other material which is malicious or technologically harmful. You will not attempt to gain unauthorized access to this website, the server which hosts this website or any other server, computer or database linked to our website. You agree not to attack this website via a “denial of service” attack or a distributed denial of service. Violation of this provision may constitute a criminal offense under applicable law. We will report any such breach to the relevant law enforcement authority and will cooperate with the relevant authority to reveal the identity of the hacker. Likewise, in the event of any such breach, your right to use this Website will cease immediately. We accept no liability for any loss or damage resulting from a denial of service attack, virus or other malicious or technologically harmful software or material to your computer, equipment, data or information arising using this website or downloading its content and content to which this website redirects you.

16. LINKS FROM OUR WEBSITE

Links to third party websites and documents may appear on our website; such links are provided for your convenience only and we have no control of any kind over the content of such websites or materials. Accordingly, we will not accept any liability for any loss or damage that may arise from the use of these links.

17. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you be in writing. When you use this website, you agree that communications with us will be primarily electronic. We will contact you by email or notify you by sending you notices on this site. For contractual purposes, you accept these electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with all legal provisions requiring that such communications be in writing. These provisions do not affect your legal rights.

18. NOTIFICATIONS

All notifications you send to us must be by email (hello@pako-litto.com). Subject to and unless otherwise stated in Article 16, we may send you notifications to the email or postal address that you provided to us when placing your order. Notices will be deemed received and properly delivered when posted on our site, 24 hours after an e-mail is sent, or three days after the date a letter is sent. To demonstrate the delivery of a notification, it will be sufficient to prove, in the case of a letter, that such a letter was correctly sent, stamped and posted, in the case of an electronic mail, that it has been sent to the email address indicated by the recipient.

19. TRANSFER OF RIGHTS AND OBLIGATIONS

The Agreement entered into between you and us is binding on you and us, as well as our respective heirs and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising thereunder, without our prior written consent. You may not transfer, assign, charge, subcontract or otherwise dispose of a Contract, or any of your rights or obligations arising thereunder, at any time during the term of the Contract. For the avoidance of doubt, no transfer, assignment, charge or other disposition shall affect any legal rights you have as a consumer or in any way void, reduce or limit any warranty we may give. given to you, expressly or implicitly.

20. EVENTS BEYOND OUR CONTROL

We will not be liable for any non-performance or delay in performance of our contractual obligations caused by events beyond our reasonable control (“Force Majeure Events”). A Force Majeure Event includes any act, event, non-performance, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, closures or other industrial actions; civil unrest, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not) or threats or preparations for war; fires, explosions, storms, floods, earthquakes, subsidence, epidemics or other natural disasters; the inability to use rail, sea, air, road or other private or public means of transport; the inability to use public or private telecommunications networks; acts, decrees, legislation, regulations or restrictions of any government; strikes, failures or accidents in maritime, postal or other transport. Our performance under any Contract will be suspended for as long as the Force Majeure event persists and our performance times will be extended accordingly. We will endeavor as far as possible to put an end to the Force Majeure event or to find a solution enabling us to perform our contractual obligations despite the Force Majeure event.

21. WAIVER

If we waive, at any time during the performance of the Contract, to insist on the strict performance of each of your contractual obligations, or of each of these General Conditions, or if we waive the exercise of any of our rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you of compliance with such obligations. A waiver by us of any breach will not constitute a waiver of any subsequent breach. No waiver by us of any of these Terms and Conditions will be effective unless we expressly state it as such and provide you with written notice in accordance with the notice section above.

22. AUTONOMY

If any provision of these General Conditions or of a Contract is deemed void, illegal or unenforceable by a competent authority, it will, as such, be separated from the other provisions which will remain valid to the extent permitted by law.

23. ENTIRE CONTRACT

These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or written. We each acknowledge that in entering into this Agreement, neither of us has relied on any statement, undertaking, or promise given by the other or implied by any oral or written statement made during the course of negotiations prior to this Agreement which took place between you and us, except as expressly stated in these General Conditions. Each of us waives the right to exercise recourse against false statements made by the other, orally or in writing, before the date of the Contract (unless such false statements were made fraudulently) and the only recourse exercised must be termination of the Contract as provided for in these General Conditions.

24. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS

We have the right to revise and modify these Terms and Conditions from time to time. You will be subject to the Terms and Conditions in force at the time you order our products or use this website, unless a change to these Terms and Conditions is required by law or regulatory authorities; in this case, it will apply to orders you have previously made.

DATA PROTECTION

1. WHO ARE WE?

We are SARL MWD and we process your personal data as joint controllers. This means that we jointly ensure the processing and protection of your personal data.

2. WHY DO WE USE YOUR PERSONAL DATA?

Among other purposes, we will use your data (obtained online) to manage your registration as a user, manage the purchase of products, answer your questions, as well as to send personalized communications.

3. WHAT IS THE BASIS OF YOUR PERSONAL DATA?

We are competent to process your data for various reasons. The most important is that they are necessary to perform the contract you entered into with us when registering and making a purchase, although there are other reasons that allow us to do this, such as interest to answer your questions or consent given to send you our newsletters.

4. WHO DO WE SHARE YOUR DATA WITH?

We share your data with our logistics team who help us deliver to you efficiently and as quickly as possible. We also share our data with our team of developers who help us resolve IT issues. 5. YOUR RIGHTS? You have the right to access, rectify and delete your personal data. In certain cases, you also have other rights, for example, the right to object to the processing of your data or the right to portability.