General Terms and Conditions of Sale

Between the Company, registered with the Trade and Companies Register under number SIRET 97941802700012 located at 5 rue des nouettes 10100 Romilly sur seine, represented by Mrs. Flizot Ludivine, acting as manager, duly authorized for the purposes hereof.

Hereinafter referred to as the "Seller" or the "Company".

On the one hand, And the natural or legal person making the purchase of products or services from the company, Hereinafter referred to as the "Buyer", or "the Client" On the other hand, It has been exposed and agreed as follows:

Preamble

The Seller is a seller of clothing, exclusively for consumers, marketed through its websites www.modo-e.com The list and description of the goods and services offered by the company can be consulted on the aforementioned sites.

Article 1: Object and general provisions

These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.

These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable GTC are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC can be consulted on the Company's website at the following address: https://modo-e.com/pages/cgv. The Company also ensures that their acceptance is clear and without reservation by setting up a checkbox and a validation click. The Client declares that they have read all of these General Terms and Conditions of Sale, and where applicable the Special Conditions of Sale related to a product or service, and accept them without restriction or reservation. The Client acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Client declares that they are able to contract legally under French laws or validly represent the natural or legal person for whom they are committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 2: Prices

The prices of the products sold through the Company's websites are indicated in Euros including all taxes (TTC) and precisely determined on the product description pages. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not within the Seller's jurisdiction. They will be borne by the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the corresponding local authorities. The telecommunication costs necessary for access to the Company's websites are the responsibility of the Client. Also, if applicable, delivery charges.

Article 3: Conclusion of the online contract

The Client must follow a series of specific steps for each Product offered by the Seller to place an order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if applicable of its options and indication of the Client's essential data (identification, address...); ➢ Acceptance of these General Terms and Conditions of Sale. ➢ Verification of the elements of the order and, if applicable, correction of errors. ➢ Follow-up of the payment instructions, and payment of the products. ➢ Delivery of the products. The Client will then receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. They will receive a .pdf copy of these general terms and conditions of sale. For delivered products, this delivery will be made to the address indicated by the Client. For the purpose of proper execution of the order, and in accordance with Article 1316-1 of the Civil Code, the Client undertakes to provide their true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 4: Products and services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The client confirms having received details of the delivery costs as well as the payment, delivery and execution modalities of the contract. The Seller undertakes to honor the Client's order within the limit of the available Product stocks only. Otherwise, the Seller informs the Client. These contractual information are presented in detail and in French language. In accordance with French law, they are subject to a summary and a confirmation when validating the order. The duration of the validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts proposed when they relate to a continuous or periodic supply of products or services. Unless otherwise stated, the rights granted under these are granted only to the natural person signing the order (or the person holding the email address communicated). In accordance with legal provisions regarding conformity and hidden defects, the Seller reimburses or exchanges defective products or those not corresponding to the order. Refund can be requested as follows: Please contact us via the contact form in the contact section at the bottom of the page.

Article 5: Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 6: Delivery terms

The products are delivered to the delivery address indicated during the order process and within the specified time. This period does not take into account the preparation time of the order. In the event of a delay in delivery, the client has the option to terminate the contract under the conditions and modalities defined in Article L 138-2 of the Consumer Code. The Seller then proceeds to refund the product and the "outward" costs under the conditions of Article L 138-3 of the Consumer Code.

The Seller provides a contact form to ensure customer service follow-up. The Seller reminds that when the Client physically takes possession of the products, the risks of loss or damage to the products are transferred to them. It is the Client's responsibility to notify the carrier of any reservations regarding the delivered product.

Article 6-2: Delivery times

 

Delivery time France Home delivery 7- 21 working days

Delivery time Europe and International Home delivery - 7-21 working days

For custom creation designs:

Article 7: Availability and presentation

Orders will be processed within the limit of our available stocks or subject to availability from our suppliers. In case of unavailability of an item for a period exceeding 100 working days, you will be immediately informed of the foreseeable delivery times and the order for this item may be cancelled upon request. The Client can then request a refund.

Article 8: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Client can make the payment by credit card. Cards issued by banks domiciled outside of France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The transmitted information is encrypted in accordance with the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating their banking information during the sale, the Client authorizes the Seller to debit their card for the amount related to the indicated price. The Client confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately resolved by operation of law and the order cancelled.

Article 9: Withdrawal period

In accordance with article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to justify reasons or pay penalties, except, if necessary, return costs".

The right of withdrawal can be exercised by filling out the return form on our site directly.

When the right of withdrawal is exercised, we refund the buyer of all sums paid, including delivery costs. Product returns must be made in their original condition and complete (packaging, accessories, odor-free...) so that they can be resold in new condition.

Article 10: Guarantees

In accordance with the law, the Seller assumes two guarantees: of conformity and regarding hidden defects of the products. The Seller refunds the buyer or exchanges apparently defective products or those not corresponding to the order placed. The Buyer must first prove the nature of the defect for the refund request to be accepted. The refund request must be made as follows: by contacting contact@modo-e.com, if the request is accepted.

In case of non-compliance, the consumer can implement the legal guarantee of conformity. For this, they have a period of two years from the delivery of the goods to act. They can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L.217-8 of the Consumer Code. For new goods, they are exempted from proving the existence of the non-compliance for the two years following the delivery of the goods. This legal guarantee applies regardless of any commercial guarantee granted.

The consumer can decide to implement the guarantee against hidden defects of the sold item within the meaning of article 1641 of the Civil Code and that in this case, they can choose between canceling the sale or a price reduction in accordance with article 1644 of the Civil Code.

Article 11: Complaints

If necessary, the Buyer can make any complaint by contacting the company using the following contact details: Please contact us via the contact form in the contact section at the bottom of the page.

Article 12: Intellectual property rights

The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 13: Force majeure

The performance of the seller's obligations under these is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent their performance. The seller will notify the client of the occurrence of such an event as soon as possible.

Article 14: Nullity and modification of the contract

If any provision of this contract were to be declared void, such nullity would not entail the nullity of the other provisions which will remain in force between the parties. Any contractual modification is valid only after written and signed agreement of the parties.

Article 15: Protection of personal data

In accordance with the Data Protection Act of January 6, 1978, you have the rights of interrogation, access, modification, opposition and rectification regarding personal data concerning you. By adhering to these general terms and conditions of sale, you consent to

us collecting and using this data for the execution of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers regarding products published by the Company and its partners. You can unsubscribe at any time. You just need to click on the link at the end of our emails or contact the data controller (the Company) by registered letter. We track traffic on all of our sites. For this, we use tools such as Google Analytics and other statistical tools.

Article 16: Applicable law

All the clauses appearing in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.