GENERAL CONDITIONS OF SALE

ARTICLE 1 – PRELIMINARY PROVISION 1.1
These General Terms and Conditions of Sale below define the rights and obligations of the company LE FONDANT BAULOIS and the Customer on the website www.lefondantbaulois.com. These General Terms and Conditions of Sale apply exclusively between the company LE FONDANT BAULOIS, 22 avenue des prairies - Parc d'activités de Beslon - 44500 La Baule, Siret: 3532989100020 and any natural person visiting or placing an order on the site. These general terms and conditions of sale (hereinafter the "GTC") apply in their entirety and constitute the conditions of any offer and sale of products (hereinafter the "Products"), by the company LE FONDANT BAULOIS (hereinafter the "Seller") to any consumer customer, (hereinafter the "Customer"), on the online store www.lefondantbaulois.com (hereinafter indifferently the "Site"). 1.2 The Customer may consult the T&Cs at any time on the Site by clicking on the “T&Cs” tab at the bottom of the Site’s home page. The applicable T&Cs are those in effect at the time of the Customer’s order on the Site. 1.3 The Products are intended solely for personal use; no order may be placed for the resale or transformation of the Products without the prior written authorization of the Seller.

ARTICLE 2 – ORDERING PRODUCTS

2.1 Selection of Products The Customer must select the Product of his choice by clicking on the Product concerned and the desired quantity and add it by clicking on the icon representing the basket. Each time a Product is added, the Customer has the option of adding new Products by clicking on "Continue my purchases" or of finalizing his order by clicking on "Validate my basket".
2.2 Viewing the Basket Once the Products have been selected, the Customer may at any time view the items in their basket by clicking on the “My basket” tab, located at the top right of the Site. The basket summary allows the Customer to modify the quantity of Products selected and to finalize the order by clicking on “Place order”. Beforehand, the Customer may update their basket by clicking on “Update”.
2.3 Validation of the order After having checked the details of the order (essential characteristics of the Products, price, quantity and references of the Products), the Customer can also specify whether the order is a gift by filling in the "Gift Message" box provided for this purpose. He can also provide the references of a reduction code if he has one. The Customer is then invited to click on "Proceed to payment". In order to continue his order of Products, the Customer is invited:
- If he does not already have a Customer account, to create one by clicking on the "create an account" tab. To do this, in addition to the information relating to his email address, his title, his first name, his last name, his postal address, his telephone number, the Customer must also provide a password. The Customer may also consent to receiving the Seller's offers by email by subscribing to the Newsletter, by checking the "Subscribe" box provided for this purpose, at the bottom right of the home screen. After completing the requested fields, the Customer is invited to finalize his registration by clicking on "Continue" and subsequently receives an email confirming the registration of his registration; - If he already has a Customer account, to identify himself by entering his email address and password and to click on "Log in".
2.4 Choice of delivery method and payment method Once correctly identified, the Customer must choose between the different delivery and carrier options in accordance with Article 4 of these General Terms and Conditions, depending on the place of shipment of the Products previously indicated when creating their customer account. Finally, the Customer must fill in the information relating to the chosen payment method. They are invited to Consent, if they wish, to receiving the Seller's offers by email by checking the box "Send me news and offers by email" provided for this purpose. Then they are invited to click on "Check order".
2.5 Validation of the order Before finalizing his order for Products, the Customer is invited to: - Check the delivery method and the selected means of payment, as well as the delivery and billing addresses; - Accept these General Terms and Conditions by checking the box "I accept the General Terms and Conditions of Sale and I am informed of my right of withdrawal" after having read them by accessing them via the hyperlink available; - If applicable, indicate the discount code in his possession. The Customer must then click on "Pay now" before proceeding to payment of the order. Without prejudice to the application of the provisions of Article 3 below, the order is firm and final from the effective payment thereof. As orders are only taken into account after validation of the payment, no discount or late payment penalties are applicable.
2.6 Order confirmation Once the order for Products has been confirmed and its payment validated in accordance with the terms set out below, a printable and recordable acknowledgement of receipt of the Customer's order is displayed. A copy of the acknowledgement of receipt of the order is automatically sent to the Customer by email to the email address provided by the Customer, and includes in particular the following information: order number, indication of the Products ordered and quantity, delivery method, amount paid, delivery address, billing address.

ARTICLE 3 - FINANCIAL CONDITIONS

3.1 Price of Products When placing an order on the Site, the price of the Products is displayed in euros and includes all taxes. Delivery costs are calculated at the time of payment. The Seller may change its prices at any time on the Site, it being specified that the Products will be invoiced at the price displayed on the Site when ordering.
3.2 Payment methods The Customer pays for the order by credit card (VISA, MASTERCARD or CB): the Customer must enter their bank details via the secure Verifone payment module, and click on "Check order". Payments by credit card are debited at the time of the order. The Customer guarantees to the Seller that they have all the authorizations required to use the chosen payment method. The Customer authorizes the Seller's bank to debit the total amount of the order. Payment information is neither processed nor stored on the Site.
3.3 Operating conditions of commercial credits The Customer is informed that any issue of a commercial credit (hereinafter, the “Credit”) by the Seller is governed by this provision.
3.3.1 Conditions of use The Customer may at any time use the Credit in force when ordering on the Site. When the amount of the Credit is greater than the amount of the order of Products, the Customer retains the remainder of the remaining amount.
3.3.2 Validity period of the Credit The maximum validity period of the Credit is set at one (1) year from its date of issue by the Seller, unless otherwise stipulated in writing by the Seller.
3.3.3 Usage Limit During its period of validity, any Credit issued by the Seller is refundable. Any Credit is non-exchangeable, particularly in the event of loss or theft. Any resale to a third party is strictly prohibited.

ARTICLE 4 – DELIVERY OF PRODUCTS

4.1 When placing an order on the Site, the Customer may have the Products ordered delivered or delivered within the meaning of the Consumer Code to their home or to another address of their choice (hereinafter the “Delivery”). The Products ordered are made available to the Customer within the time period indicated at the time the order is placed.
4.2 Delivery in Metropolitan France (including Corsica) In the event of Delivery in Metropolitan France and Corsica, the cost of Delivery will be as follows: Delivery method Delivery address Cost of delivery DPD PREDICT (within 48 working hours) The Customer must provide a delivery address (their home or any address of their choice). €8.75 (free from €50 of order) Chronopost Express The Customer must provide a delivery address (their home or any address of their choice). €13 LE FONDANT BAULOIS Tel: 02 40 61 66 73 – Email: contact@lefondantbaulois.com. SASU with capital of €30,000 – 435329891 RCS SAINT-NAZAIRE – APE 1072Z – Intra-Community VAT number: FR18435329891 Head office: 22 avenue des Prairies – Parc d'activité de Beslon – 44500 LA BAULE 4/11 In the context of Home Delivery, the Customer is informed that no shipment of Products will take place on Saturdays, Sundays and public holidays.
4.3 Late Delivery In the event of a failure by the Seller to fulfill its obligation to Deliver the Products upon expiry of the legal period of thirty (30) days from the order, and except in cases where its failure to Deliver is due to an event of force majeure, the Customer may cancel the order, by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having ordered, according to the same terms, the Seller to deliver the Products within a reasonable additional period, the latter has not complied within this period. The order is considered to be terminated upon receipt by the Seller of the letter or writing informing it of this termination, unless the Seller has complied in the meantime. When the order is resolved, the Seller is required to reimburse the Customer for all sums paid, at the latest within fourteen (14) days following the date on which the order was canceled, surcharges will be applied in the event of late reimbursement in the amount of: - 10% if the reimbursement occurs within 14 days beyond this term; - 20% up to 30 days; - 50% beyond.
4.4 Receipt and reservations of the order It is the Customer's responsibility to immediately check, at the time of Delivery, the condition and packaging of the Products. Any refusal, complaint or reservation by the Customer upon Delivery concerning the non-conformity or apparent defects of the Products resulting from transport, to be taken into account by the Seller, must be mentioned and justified on the delivery note, signed and stamped by the carrier. The unconditional receipt of the Products releases the Seller from any liability for any apparent defects or non-conformities of the Products, damage or missing items. In the event that the Customer has not been able to check the good condition of the Products, due to the carrier or force majeure, any refusal, claim or reservation by the Customer upon Delivery concerning the conformity or apparent defects of the Products, to be taken into account by the Seller, must be mentioned and justified on the delivery note, signed and stamped by the carrier and be notified by the Customer to the carrier, by registered letter with acknowledgment of receipt, with a copy of the delivery note, within ten (10) days, not including public holidays, following Delivery (art. L. 224-65 of the Consumer Code). Unconditional receipt of the Products releases the Seller from any liability for any apparent defects or non-conformities of the Products, damage or missing items.

ARTICLE 5 – RIGHT OF WITHDRAWAL

Upon receipt of a Product, the Customer may exercise their right of withdrawal and return the Product that does not suit them according to the terms and conditions described below. The Customer has a period of LE FONDANT BAULOIS Tel: 02 40 61 66 73 – Email: contact@lefondantbaulois.com. SASU with capital of €30,000 – 435329891 RCS SAINT-NAZAIRE – APE 1072Z – Intra-Community VAT number: FR18435329891 Registered office: 22 avenue des Prairies – Parc d'activité de Beslon – 44500 LA BAULE 5/11 fourteen (14) clear days from the day of Delivery of the Products, to withdraw, or from the last Product delivered in the case of orders for several Products. To exercise his right of withdrawal, the Customer must send an email to the address contact@lefondantbaulois.com specifying the number of the order concerned and expressly indicating his wish to withdraw and whether he wishes a refund or to receive a Commercial Credit to be deducted from a future order. The Customer may also send to the Seller, (i) the withdrawal form reproduced below or accessible via the following hyperlink [hyperlink to be added] or (ii) a withdrawal letter (mentioning the information listed in the withdrawal form below): - by post: LE FONDANT BAULOIS - 22 AVENUE DES PRAIRIES - PARC D'ACTIVITES DE BESLON - 44500 LA BAULE
- by email: contact@lefondantbaulois.com The period begins to run the day after the day of Delivery of the Products. When the withdrawal period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. Upon receipt of the withdrawal request made by the Customer, the Seller will send the Customer to the email address indicated, a return label that the customer must stick on the package. From the transmission of the return label by the Seller, the Customer has fourteen (14) days to return the Products in their entirety and original packaging, accompanied by the return form and the original invoice, by carrier to the following address: LE FONDANT BAULOIS, 22 avenue des prairies - Parc d'activités de Beslon - 44500 La Baule. In accordance with the provisions of the Consumer Code, the right of withdrawal may not be exercised by the Customer for Products that have been unsealed by the Customer after Delivery. Furthermore, the Seller reserves the right to refuse to exercise the right of withdrawal to any Customer who has returned or given back one or more Products whose value has been depreciated due to poor storage conditions or handling other than that necessary to establish the nature and characteristics of the Products. Upon receipt of the Products and after checking the condition of the returned Products, the Seller will refund the full price paid for the returned Product(s) as well as the Delivery costs on the same means of payment as that used by the Customer during the initial transaction, unless the Customer expressly agrees otherwise. The refund will be made within a maximum of eight (8) working days after receipt of the Products. If the Customer chooses to obtain the refund by means of a Credit, the Customer is informed that this will be issued under the conditions of article 3.3 of these General Terms and Conditions. Furthermore, the Seller reserves the right to refuse the exercise of the right of withdrawal to any Customer who has returned or returned one or more Products whose value would be depreciated due to poor storage conditions or handling other than that necessary to establish the nature and characteristics of the Products. LE FONDANT BAULOIS Tel: 02 40 61 66 73 – Email: contact@lefondantbaulois.com. SASU with capital of €30,000 – 435329891 RCS SAINT-NAZAIRE – APE 1072Z – Intra-Community VAT number: FR18435329891 Head office: 22 avenue des Prairies – Parc d'activité de Beslon – 44500 LA BAULE 6/11

ARTICLE 6 – WARRANTIES APPLICABLE TO PRODUCTS

6.1 The Customer is informed that the Products subject to the order are subject to the legal guarantee of conformity provided for by Articles L. 217-3 et seq. of the Consumer Code. The Products are also subject to the guarantee of hidden defects provided for by Articles 1641 et seq. of the Civil Code.
6.1.1 Legal guarantee of conformity The Customer has a period of two years from the delivery of the Product to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date on which it appeared. The legal guarantee of conformity gives the Customer the right to the repair or replacement of the Product within thirty (30) days following his request, free of charge and without major inconvenience for him. If the Product is repaired under the legal guarantee of conformity, the Customer benefits from a six-month extension of the initial guarantee. If the Customer requests the repair of the Product, but the Seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the Product. The Customer may obtain a reduction in the purchase price by keeping the Product or terminate the contract by obtaining a full refund against return of the Product, if: 1° The Seller refuses to repair or replace the Product; 2° The repair or replacement of the Product occurs after a period of thirty days; 3° The repair or replacement of the Product causes a major inconvenience for the Customer, in particular when the Customer definitively bears the costs of recovery or removal of the non-compliant Product, or if he bears the costs of installation of the repaired or replacement Product; 4° The non-conformity of the Product persists despite the Seller's unsuccessful attempt to bring it into conformity. The Customer is also entitled to a reduction in the price of the Product or to termination of the contract when the lack of conformity is so serious that it justifies that the reduction in the price or termination of the contract be immediate. The Customer is then not required to request the repair or replacement of the Product in advance. The Customer is not entitled to termination of the sale if the lack of conformity is minor. Any period of immobilization of the Product for the purpose of its repair or replacement suspends the warranty that remained to run until delivery of the repaired Product. LE FONDANT BAULOIS Tel: 02 40 61 66 73 – Email: contact@lefondantbaulois.com. SASU with capital of €30,000 – 435329891 RCS SAINT-NAZAIRE – APE 1072Z – Intra-Community VAT number: FR18435329891 Registered office: 22 avenue des Prairies – Parc d'activité de Beslon – 44500 LA BAULE 7/11 The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. If the Seller in bad faith obstructs the implementation of the legal guarantee of conformity, it is liable to a civil fine of a maximum amount of 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
6.1.2 Guarantee of hidden defects The Customer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two (2) years from the discovery of the defect. This guarantee gives the right to a price reduction if the Product is kept or to a full refund against return of the Product.
6.1.3 Implementation of legal guarantees For any request concerning legal guarantees, the Customer undertakes to send his complaint to the Seller, by email to the address: contact@lefondantbaulois.com, indicating the reference of the Product, the reason for the complaint and sending photos of the Product. In the event of an accepted return, the Products must be returned within a maximum period of thirty (30) clear days following the Seller's agreement, in their entirety and original packaging to the following address: LE FONDANT BAULOIS, 22 avenue des prairies - Parc d'activités de Beslon - 44500 La Baule. The return and shipping costs of the new Product will be borne by the Seller.

ARTICLE 7 – RESPONSIBILITY

The Products comply with current French legislation. The Seller shall not be held liable if the Customer fails to comply with the normal conditions of storage or use of the Products.

ARTICLE 8 – INTELLECTUAL PROPERTY

The Site, the name "LE FONTANT BAULOIS", the descriptions of the Products, the texts, the images and, more generally, all content published on the Site are protected by intellectual property law and are the exclusive property of the Seller. Consequently, no one is authorized, in any way, to reproduce, represent, distribute, modify, grant all or part of the elements of the Site, without the express and prior agreement of the rights holders. The reproduction, imitation or representation, in whole or in part, of the intellectual property rights of the Seller, and, in particular, the total or partial reproduction of the visuals of the advertisements presented on the Site, is likely to constitute an infringement punishable by the provisions of the Intellectual Property Code and/or a tortious fault likely to engage the civil liability of the infringers of the aforementioned rights.

ARTICLE 9 – PERSONAL DATA

LE FONDANT BAULOIS Tel: 02 40 61 66 73 – Email: contact@lefondantbaulois.com. SASU with capital of €30,000 – 435329891 RCS SAINT-NAZAIRE – APE 1072Z – Intra-community VAT no.: FR18435329891 Head office: 22 avenue des Prairies – Parc d’activité de Beslon – 44500 LA BAULE 8/11
9.1 The personal data of the Customer processed by the Seller include in particular the name, first name, email address and postal address of the Customer and the telephone number of the Customer. The processing of personal data is for the purposes of processing and Delivery of orders as well as issuing invoices, processing any complaints, and, if the Customer has given his consent, sending by email and/or SMS information and commercial offers. With the exception of data collected with the consent of the Customer, the personal data of the Customer is necessary for the execution by the Seller of the contract with the Customer. The data will be transmitted only to our technical service providers. No transfer of this personal data outside the European Union is carried out by the Seller.
9.2 The Customer has the right to access, rectify or erase his/her personal data, or the right to request a limitation of the processing that concerns him/her or the right to object to it by writing by post to the address LE FONDANT BAULOIS 22 avenue des prairies - Parc d'activités de Beslon - 44500 La Baule or by email to the address contact@lefondantbaulois.com The Customer also has the right to the portability of his/her personal data. The Customer has the right to lodge a complaint regarding the processing of his/her personal data by the Seller with the CNIL (Commission Nationale Informatique et Libertés) on the website https://www.cnil.fr.
9.3 Any person whose personal data is collected may define general or specific guidelines relating to the retention, deletion and communication of their personal data after their death. Specific guidelines may be registered with the data controller. General guidelines may be registered with a digital trusted third party certified by the CNIL. General or specific guidelines may be modified or deleted at any time.
9.4 The Seller implements all necessary means to ensure the security and confidentiality of the data. It undertakes to implement appropriate technical measures to guarantee the security and confidentiality of its personal data. The Seller undertakes to keep the personal data for a period not exceeding that necessary to achieve the purposes for which they were collected or processed and in any event for a maximum period of three (3) years from the last order.

ARTICLE 10 – OPPOSITION TO TELEPHONE CANVASSING

When placing the order, the Seller collects the Customer's telephone number in order to ensure the delivery of these products via the carrier of their choice. The telephone number is not communicated to the Seller's partners other than the transport provider and for the exclusive purposes of delivery. The Customer has the option of opposing telephone canvassing by any professional by registering on the Bloctel opposition list via the following link: https://www.bloctel.gouv.fr. This registration is free and allows the Customer to object to a professional contacting them by telephone if they are registered on this list.
ARTICLE 11 – APPLICABLE LAW AND JURISDICTION The General Terms and Conditions are governed by French law. In the event of a dispute, the Customer may use a mediation procedure free of charge. To this end, the Customer may contact the following mediator: LE FONDANT BAULOIS Tel: 02 40 61 66 73 – Email: contact@lefondantbaulois.com. SASU with capital of €30,000 – 435329891 RCS SAINT-NAZAIRE – APE 1072Z – Intra-Community VAT number: FR18435329891 Head office: 22 avenue des Prairies – Parc d'activité de Beslon – 44500 LA BAULE 9/11 Médiation solutions 222 Chemin de la Bergerie, 01800 Saint-Jean-de-Niost 04 82 53 93 06 To use this mediation procedure, the Customer must first send their complaint to the Seller by registered letter with acknowledgment of receipt. In the absence of a satisfactory response within one month, the Customer may contact the mediator in accordance with the terms and conditions provided by the latter on its website. This mediation is optional, confidential and free, with the exception of any lawyers' or expert fees which will remain the responsibility of the Customer, where applicable. The dispute may not be examined by the mediator when: - the Customer does not prove that they have previously attempted to resolve their dispute directly with the Seller by means of a written complaint; - the request is clearly unfounded or abusive; - the dispute has previously been examined or is currently being examined by another mediator or by a court; - the Customer has submitted their request to the mediator more than one year after their written complaint to the Seller; - the dispute does not fall within the mediator's jurisdiction. In addition, the Customer has the option of settling disputes via the European Online Dispute Resolution (ODR) platform established by Regulation No. 524/2013 and accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR. The European Commission will, where appropriate, transfer the Customer's complaint to the competent mediator. Finally, the Customer may, at his choice, refer the matter to the competent courts of the jurisdiction of the Seller's registered office or to the competent courts of the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the damaging event.