Terms and Conditions of Sale

ARTICLE 1 - SCOPE OF APPLICATION

These general terms and conditions of sale for the online shop (hereinafter “GTC”) apply automatically, without restriction or reservation, to all sales of products offered for sale by Mephisto E-Commerce, a simplified joint-stock company with a share capital of €200,000, located at Zone Industrielle, Route de Sarreguemines, 57400 Sarrebourg (France), registered in the Metz Trade and Companies Register under number 989 544 663, telephone number: +33 (0) 3 87 23 30 00, email address:info@mephisto.com . (hereinafter the “Seller”) to consumers and non-professional buyers, contracting for strictly personal purposes (hereinafter “Customer(s)”), as defined by the French Consumer Code, wishing to purchase the products offered for sale by the Seller (hereinafter “Product(s)”), via an online shop located at https://www.mephisto.com/ (hereinafter “website”), (Customer(s) and Seller may also be referred to individually as “Party” and collectively as “Parties”).

These T&Cs set out, in particular, the terms and conditions governing orders, payment, delivery and the handling of any returns of Products ordered by Customers.

These T&Cs may be supplemented by specific terms or agreements, set out on the Website, prior to any transaction with the Customer.

They are accessible at all times on the Website and apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.

These T&Cs are systematically communicated to all Customers prior to placing an order and shall, where applicable, take precedence over any other version or any other conflicting document. They are accessible at any time on the Website. 

The Customer declares that they have read these T&Cs and accepted them prior to placing their order. Confirmation of the order by the Customer constitutes acceptance, without restriction or reservation, of these T&Cs. 

As these T&Cs may be subject to subsequent amendments, the version applicable to the Customer’s purchase is that in force on the Website on the date the order is placed.

ARTICLE 2 - PRODUCTS OFFERED FOR SALE 

The main characteristics of the Products, and in particular the specifications and illustrations of the Products, are presented to the Customer in the product descriptions and the Seller’s catalogue available on the Website. The Customer is required to familiarise themselves with these before placing any order.

The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics displayed on the Website are not contractually binding and do not engage the Seller’s liability.

The Customer is required to refer to the description of each Product in order to ascertain its properties, key features and delivery times.

The contractual information is provided in French and is subject to confirmation no later than at the time the Customer confirms the order.

The Products shown are available for sale in the following territories: mainland France, Belgium, the Netherlands, Spain, Italy, Germany, the United Kingdom and Switzerland.

For orders destined for European Union countries (mainland France, Belgium, the Netherlands, Spain, Italy, Germany), delivery is made without customs formalities, under the free movement of goods within the EU.

For orders destined for the United Kingdom and Switzerland, delivery is made on a DDP (Delivered Duty Paid) basis, in accordance with Incoterms® 2020. In this context, the seller bears all costs and formalities related to export and import, including customs duties, taxes and applicable administrative charges up to the agreed place of delivery. The Customer therefore has no additional customs charges to pay.

Any order destined for a territory not mentioned above cannot be accepted.

Product offers are subject to availability, as specified at the time of placing the order, or are valid for a fixed period, under the conditions specified on the Website.

ARTICLE 3 - PLACING AN ORDER - FORMATION OF THE CONTRACT 

The fact that a Customer places an order on the Website implies full and unconditional acceptance of these T&Cs and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any conflicting document that would be unenforceable against the Seller.

Confirmation of the order by the Customer constitutes acceptance of the T&Cs without restriction or reservation.

The Customer acknowledges that they have the legal capacity to enter into a contract and purchase the Products offered for sale, and in particular that they are over fifteen (15) years of age.

It is the Customer’s responsibility to select the Products they wish to order on the Website, in accordance with the following procedure: 

To place an order, the Customer selects the Product(s) of their choice, specifies the desired quantity and variant, and clicks on ‘Buy now’ or ‘Add to basket’.

The Customer may view their basket at any time by clicking on the relevant icon. Once the basket has been checked, they simply need to click on “Proceed to checkout” to continue.

The Customer must then enter their email address to create an account, log in to an existing account or proceed as a guest.

• If logging in, the Customer enters their password to access their account.

• If they do not have an account, the Customer follows the steps provided to enter the information required for the order, and may choose whether or not to receive marketing communications from the Website.

The Customer is asked to provide a precise delivery address, as well as their personal details (surname, first name, telephone number).

The Seller accepts no liability for any errors in the information provided by the Customer (in particular errors regarding address or identity).

The Customer selects their preferred delivery method from those offered.

Before final confirmation, the Customer has the opportunity to review the details of their order, correct any errors or modify their basket. It is their responsibility to verify the accuracy of the order and to report or rectify any errors immediately.

Confirmation of the order, by clicking on the “Pay now” button, implies the Customer’s prior, full and unconditional acceptance of these T&Cs.

Upon completion of the order, the Customer receives a confirmation email summarising all the products purchased, the delivery terms, the total amount paid and the order number. The 

Customer can find their order number at any time via their account or the confirmation email received.

The Seller retains ownership of the items ordered until full payment of the order has been received.

In the event of total or partial non-payment, the Seller reserves the right to recover the delivered Products and to suspend any orders in progress.

The sale is only final after the Seller has sent the Customer confirmation of the Product’s availability and acceptance of the order by email, which must be sent without delay and after the Seller has received payment in full.

Any order placed, accepted by the Customer and confirmed by the Seller, in accordance with the terms and conditions set out above, constitutes the formation of a distance contract between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order.

The Customer may track the progress of their order.

The Seller does not intend to sell the Products to professionals, but solely to consumers or non-professionals for their personal use.

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be amended and cannot be cancelled, except in the exercise of the right of withdrawal or in cases of force majeure.

ARTICLE 4 - PRICES 

The Products are supplied at the prices in force shown on the Website on the day the order is registered by the Seller. Prices are quoted in Euros, inclusive of all taxes and exclusive of standard packaging and delivery charges. Prices take into account any discounts that may be granted by the Seller. Shipping, transport, packaging and delivery costs are charged in addition, in accordance with the terms indicated to the Customer at the time of placing the order, and are calculated prior to the order being confirmed.

These prices are firm and non-negotiable during the period of validity, as specified by the Seller, who reserves the right, outside this period of validity, to amend prices at any time. They include the quantity and models ordered, the manufacturing specifications used and the total cost of the goods.

For Switzerland and the United Kingdom, we use the ‘Delivered Duty Paid’ (DDP) term. ‘Delivered Duty Paid’ (DDP) is an Incoterm that means the seller bears all costs and risks associated with transporting the goods to their destination, including

If the Customer requests a faster or more expensive shipping method than standard delivery, the additional delivery charges, as shown at the time the Customer confirms the order, are entirely at their expense.

The payment requested from the Customer corresponds to the total purchase amount, including these charges.

An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.

Any announcement of a price reduction must state the price charged by the Seller prior to the application of the price reduction, this previous price being defined as the lowest price charged by the Seller to all Customers during the thirty days preceding the application of the price reduction.

ARTICLE 5 - TERMS OF PAYMENT 

The Products offered by the Seller are delivered to the Customer in return for payment.

The price is payable in full at the time of order confirmation, via secure payment, in accordance with the following terms:

• by bank cards (debit and credit): Visa, Mastercard, Maestro, American Express;

• via online payment solutions: Klarna, PayPal, Google Pay, Apple Pay;

• via Bancontact, available only for orders placed from Belgium.

Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In such cases, the Customer may request cancellation of the payment and a refund of the corresponding amounts.

Payments made by the Customer shall only be considered final once the amounts due have been effectively received by the Seller.

Payment details are exchanged in encrypted form using the SSL (Secure Socket Layer) / TLS (Transport Layer Security) protocol, ensuring the confidentiality and integrity of the banking information transmitted. Payment processing is secured by Shopify Payments, which is PCI DSS (Payment Card Industry Data Security Standard) Level 1 certified, the highest level of certification available in the online payments sector.

ARTICLE 6 - DELIVERY

Products ordered by the Customer will be delivered to the following territories: mainland France, Belgium, the Netherlands, Spain, Italy, Germany and the United Kingdom, within the dispatch timeframe indicated at the time of ordering.

In accordance with the provisions of Article L.216-4 of the French Consumer Code, delivery of the Products is accompanied by the provision of a user guide, instructions for use and a document setting out the right to make reservations as well as the commercial warranty.

The Customer selects one of the delivery methods offered on the Website when placing the order. The Customer is solely responsible for any failure to deliver due to a lack of information on the order.

The amount of the delivery charges depends on the order value and the delivery method chosen by the Customer. In any event, the amount of the delivery charges is shown to the Customer before the order is confirmed.

Delivery refers to the transfer to the Customer of physical possession or control of the Product. It is only effected after confirmation of payment by the Seller’s bank, which marks the start of the delivery period.

Unless there are special circumstances or one or more Products are unavailable, the Products ordered will be delivered in a single consignment.

The Seller undertakes to use its best endeavours to deliver the Products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for information purposes only. If the Products ordered have not been delivered within 30 days of the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be terminated upon the Customer’s written request in accordance with the provisions of Articles L 216-2, L 216-3 and L 241-4 of the French Consumer Code. Any sums paid by the Customer shall then be refunded to them no later than fourteen (14) days following the date of termination of the contract, excluding any compensation or deduction. The Seller shall bear the risks of transport and is obliged to reimburse the Customer in the event of damage caused during transport.

The Customer may track the progress of their order in the section provided for this purpose on the website.

Deliveries are carried out by an independent carrier to the address provided by the Customer when placing the order and to which the carrier can easily gain access. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and that they have no recourse against the Seller in the event of failure to deliver the goods.

The Customer is required to check the condition of the packaging and the products delivered upon delivery. It is the Customer’s responsibility to raise any reservations or complaints they deem necessary, or even to refuse the parcel, where the parcel is clearly damaged on delivery. Such reservations and complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three (3) working days, excluding public holidays, following the date of delivery.

The Customer must also send a copy of this letter to the Seller. Failure to make a claim within the aforementioned time limit extinguishes any right of action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.

The Customer must ensure that the Products delivered to them correspond to the Order, in terms of type and quality. They have a period of 14 days from the date of delivery to submit, by email, any reservations or complaints regarding non-conformity or apparent defects in the delivered Products, together with all relevant supporting evidence (including photographs). After this period and if these formalities have not been complied with, the Products shall be deemed to be in conformity and free from any apparent defect, and no complaint may be validly accepted by the Seller.

The Seller shall refund or replace, as soon as possible and at its own expense, any delivered Products for which non-conformities or apparent or hidden defects have been duly proven by the Customer, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in these T&Cs (see guarantees, in particular).

In the event of refusal of delivery or the Customer’s deliberate failure to collect the parcel, the order shall not be treated as a right of withdrawal. 

If the parcel is returned to the sender, any refund will be made after deduction of the costs actually incurred, provided that the Customer has submitted a return declaration on the Website. Only the cost of the Product, less the costs incurred, may be refunded. 

If the parcel is not returned to the Seller following a deliberate refusal of delivery, no refund may be claimed.

ARTICLE 7 - TRANSFER OF OWNERSHIP AND RISKS 

Ownership of the Products shall pass to the Customer only upon full payment of the price by the Customer, regardless of the date of delivery of the said Products. 

The risk of loss or damage to the Products shall pass to the Customer only when the Customer takes physical possession of the Products. The Products are transported at the Seller’s risk.

ARTICLE 8 - RIGHT OF WITHDRAWAL 

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) working days from taking possession of the Product to exercise their right of withdrawal with the Seller, without having to provide any reason or pay any penalty, for the purpose of exchange or refund, within a maximum of fourteen (14) days following notification to the Seller of the Customer’s decision to withdraw.

Returned Products must be in their original condition, in their original packaging and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted.

The right of withdrawal may be exercised directly online, with a single click, throughout the withdrawal period. The withdrawal function is identified on the Website by the words “withdraw from the contract here”. Once the withdrawal notice has been completed online, the Customer must submit it using the confirmation function identified by the words “confirm withdrawal”.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded. Return costs will only be borne by the Seller if the Customer has complied with the conditions for exercising their right of withdrawal detailed above. The Customer may be held liable in the event of any depreciation of the Products resulting, in particular, from handling other than that necessary to establish the nature, characteristics and proper use of the Products.

The refund will be made within a maximum of fourteen (14) days from the date the Seller is notified of the decision to withdraw.

In accordance with Article L 221-28 of the French Consumer Code, the Customer may not exercise this right of withdrawal in certain cases, such as the supply of goods made to the Customer’s specifications.

ARTICLE 9 - WARRANTY - LIABILITY

The Products sold via the Website comply with the regulations in force in France and are suitable for non-professional use. 

The Products supplied by the Seller are automatically covered, without any additional payment and independently of the right of withdrawal, in accordance with legal provisions:

• the statutory warranty of conformity, for Products that are apparently defective, damaged or do not correspond to the order,

• the statutory warranty against hidden defects arising from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use,

under the conditions and in accordance with the terms set out below.

The Seller undertakes to deliver goods that comply with the contractual description and with the criteria set out in Article L217-5 of the French Consumer Code.

It is noted that under the statutory guarantee of conformity, the Customer: 

- has a period of twenty-four (24) months from the delivery of the goods to take action against the Seller; 

- may choose between having the delivered Products brought into conformity by repair (unless this is impossible or would entail disproportionate costs) or their replacement, or, failing that, a price reduction proportional to the difference between the value of the Product delivered and the value of that item in the absence of the lack of conformity, or the cancellation of the sale, in accordance with the legal conditions, in particular the cost conditions provided for in Article L 217-9 of the French Consumer Code;

- is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product (lacks of conformity which appear within twenty-four (24) months of delivery of the Products are, unless proven otherwise, presumed to have existed at the time of delivery).

The statutory guarantee of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to invoke the warranty against hidden defects in the Product in accordance with Article 1641 of the Civil Code. In this case, they may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

In order to assert their rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of twenty-four (24) months from the delivery of the Products or from the discovery of hidden defects within the statutory time limits, namely within twenty-four (24) months of the discovery of the defect, within a maximum of five (5) years after purchase, and return the defective Products to the shop in the condition in which they were received, together with all components (accessories, packaging, instructions, etc.).

The Seller will refund, replace or repair the Products or parts under warranty deemed non-compliant or defective.

Postage costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be processed as soon as possible and no later than fourteen (14) days following the Seller’s confirmation of the lack of conformity or hidden defect.

The refund will be made by crediting the Customer’s bank account or by bank cheque sent to the Customer.

The foregoing provisions are without prejudice to any award of damages to the Customer in respect of the loss suffered by the latter as a result of the lack of conformity.

The Seller shall not be held liable in the following cases: 

• failure to comply with the legislation of the country to which the Products are delivered, which it is the Customer’s responsibility to verify,

• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure;

• in the event of a malfunction or technical failure of the Website, difficulty accessing it, network overload or temporary unavailability of services; 

• the consequences of misuse of the Products purchased. 

The Seller’s warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.

The consumer has a period of two years from the delivery of the goods to invoke the statutory guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it arose.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory guarantee applies to such digital content or digital service throughout the agreed supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it first appeared.

The statutory guarantee of conformity entails an obligation on the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The statutory guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without significant inconvenience to them.

If the goods are repaired under the statutory guarantee of conformity, the consumer is entitled to a six-month extension of the original guarantee.

If the consumer requests repair of the goods but the seller insists on replacement, the statutory guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price whilst retaining the goods, or terminate the contract and receive a full refund upon returning the goods, if:

1° The trader refuses to repair or replace the goods;

2° The repair or replacement of the goods takes place after a period of thirty days;

3° The repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer bears the costs of taking back or collecting the non-compliant goods, or where the consumer bears the costs of installing the repaired or replacement goods;

4° The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a price reduction or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In such cases, the consumer is not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to rescind the sale if the lack of conformity is minor.

Any period during which the goods are out of service for repair or replacement suspends the warranty period remaining until the goods are returned in good working order.

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

A seller who, in bad faith, obstructs the enforcement of the statutory guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).

The consumer is also entitled to the statutory warranty against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained, or to a full refund upon return of the goods.

ARTICLE 10 - INTELLECTUAL PROPERTY

All trademarks, photographs, texts, comments, illustrations, images (whether animated or not), video sequences, sounds, designs, models, as well as any computer applications that may be used to operate the Website and, more generally, all elements reproduced or used on the Website are protected by the French and international laws in force relating to intellectual property.

They are the full and exclusive property of the Seller or its partners or affiliated companies. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the Seller, is strictly prohibited. The fact that the Seller does not take legal action immediately upon becoming aware of such unauthorised use does not constitute acceptance of such use or a waiver of the right to pursue legal action.

Consequently, any use, reproduction, representation, distribution, adaptation, copying and any downloading, in whole or in part, of this content is strictly prohibited and may constitute an offence of copyright infringement.

ARTICLE 11 - PROTECTION OF PERSONAL DATA

For the purposes of the performance of these General Terms and Conditions, it is noted that, in accordance with Articles 4 et seq. of Regulation (EU) 2016/679 of 27 April 2016 (‘GDPR’):

• MEPHISTO E-Commerce acts as the “Data Controller”, in that it determines the purposes and means of the processing carried out;

• MEPHISTO SAS acts as a “Processor”, in that it processes personal data on behalf of the Data Controller and in accordance with its documented instructions.

Both entities declare that they comply with all legal and regulatory obligations arising from the GDPR and the amended Act No. 78-17 of 6 January 1978.

11.1. Categories of data and purposes of processing

In the context of the performance of the contract, the Processor processes, on behalf of the Data Controller, personal data relating to the Client, including in particular contact details, identification data and financial data.

This data is collected and processed exclusively for the purposes of:

• enabling the performance of sales contracts;

• managing the contractual relationship with the Customer;

• monitoring and supervising the services provided;

• carrying out the corresponding invoicing;

• managing your requests for information or complaints;

• to compile statistical analyses;

• carry out operations relating to the loyalty programme, such as issuing the loyalty card and providing benefits and services associated with the loyalty programme;

• develop the commercial relationship, particularly for marketing purposes;

• to ensure payment for services.

The data retention period is limited to the time strictly necessary to fulfil the aforementioned purposes, or to enable the Data Controller and the Data Processor to meet their respective legal and regulatory obligations.

11.2. Security and confidentiality commitments

The Processor and the Controller undertake to implement and maintain all appropriate technical and organisational measures to ensure a level of security appropriate to the risks, in accordance with Articles 28, 32 et seq. of the GDPR, and in particular to prevent:

• the accidental or unlawful destruction of data;

• the loss, alteration or corruption of data;

• unauthorised disclosure or access;

• any other form of non-compliant or unlawful processing.

Access to data is strictly restricted to employees of both entities who are authorised by virtue of their roles and are subject to a heightened duty of confidentiality.

No banking information is transmitted via the Website. Payment is processed on the secure servers of Shopify Payments (provided by Shopify International Limited) and/or PayPal (provided by PayPal (Europe) S.à r.l. et Cie, S.C.A.), depending on the payment method chosen by the Customer. These service providers ensure secure payment in accordance with current regulations. Bank details are encrypted using the SSL (Secure Socket Layer) protocol. The data will not be accessible and will never be stored on the Website.

Shopify Payments’ servers are hosted by Shopify International Limited, located at Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, with whom the Customer may exercise their rights.

PayPal’s servers are hosted by PayPal (Europe) S.à r.l. et Cie, S.C.A., located at 22-24 Boulevard Royal, L-2449 Luxembourg, with whom the Customer may exercise their rights.

11.3. Sub-processors and data disclosures

The personal data collected may be disclosed to the sub-processors of the Processor and the Data Controller where such disclosure is necessary for the performance of the services requested by the Customer, in particular with regard to delivery services.

The Data Processor and the Data Controller shall ensure that any such data processor provides sufficient guarantees regarding compliance with the GDPR and processes data in accordance with the applicable legal requirements.

Furthermore, personal data may be disclosed to any competent administrative or judicial authority where required by a legal or regulatory obligation or in the context of a dispute.

11.4. Rights of the Customer

In accordance with Articles 12 to 22 of the GDPR, the Customer has the following rights in relation to their data:

• right to information,

• right of access,

• the right to rectification,

• the right to erasure,

• the right to object on legitimate grounds,

• right to restriction of processing.

The Customer may exercise their rights at any time by sending a written request by post to MEPHISTO SAS - Rue de Sarreguemines, 57400 Sarrebourg, or by email to privacy@mephisto.com.

In the event of a dispute that cannot be resolved amicably, the Customer may refer the matter to the Commission Nationale de l’Informatique et des Libertés (CNIL): 3 Place de Fontenoy – TSA 80715 – 75334 Paris Cedex 07 (Tel.: +33 (0)1 53 73 22 22).

ARTICLE 12 - TELEMARKETING

In accordance with Articles L.223-1 et seq. of the French Consumer Code, it is hereby reiterated that the Customer has:

Until 11 August 2026, the right to opt out of telephone marketing by registering free of charge on the BLOCTEL opt-out list, accessible at www.bloctel.gouv.fr, or by post to Opposetel – Service Bloctel, 6 rue Nicolas Siret, 10000 Troyes.

Registration on this list prohibits the Seller from carrying out any commercial canvassing by telephone, except where permitted by law.

The Seller undertakes, for the entire duration of BLOCTEL’s existence, to strictly comply with this prohibition and to verify, prior to any telephone marketing operation, that the numbers being called do not appear on the said list.

From 11 August 2026, telephone canvassing, either directly or through a third party acting on its behalf, of a Customer who has not previously given their consent to be the subject of commercial canvassing by this means, is prohibited.

However, the Seller may contact the Customer in connection with the current order, provided that the call relates exclusively to a good or service directly related to the subject matter of the contract.

The Customer retains, in any event, the right to object to any further solicitation and may request, at any time, not to be contacted by telephone, including in the context of an ongoing contractual relationship.

ARTICLE 13 - FORESEEABLE CIRCUMSTANCES

In the event of unforeseeable changes in circumstances at the time of conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request a renegotiation of the contract from its contracting party.

ARTICLE 14 - FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a force majeure event, within the meaning of Article 1218 of the Civil Code.

By express agreement, force majeure shall include, in particular, natural disasters, pandemics, the administrative closure of the Seller’s business, unforeseen breakdowns, war, riots, fire, internal or external strikes, accidents, and the inability to obtain supplies.

The Party observing the event must immediately inform the other Party of its inability to perform its obligations and provide justification therefor. The suspension of obligations shall in no circumstances give rise to liability for non-performance of the obligation in question, nor shall it give rise to the payment of damages or late payment penalties.

As soon as the cause of the suspension of their reciprocal obligations ceases to exist, the Parties shall make every effort to resume the normal performance of their contractual obligations as quickly as possible.

If the impediment is permanent or exceeds a period of 30 days, this contract shall be terminated outright following the sending of a formal notice served by registered letter with acknowledgement of receipt or any extrajudicial document.

Consequently, the order shall be deemed cancelled in accordance with the above provisions.

ARTICLE 15 - TERMS OF TERMINATION

It is noted that, in accordance with legal provisions, termination of the contract by electronic means is possible where the contract was concluded electronically or where, on the date of termination, the Seller offers Customers the option to conclude contracts electronically.

To this end, a free feature is made available to the Customer, enabling them to carry out, electronically, the notification and all the necessary steps for the termination of the contract, of which the Seller must acknowledge receipt by informing the Customer, on a durable medium and within a reasonable time, of the date on which the contract ends and the effects of the termination.

ARTICLE 16 – DISPUTES – APPLICABLE LAW – JURISDICTION

These T&Cs and the transactions arising therefrom are governed by French law. They are drafted in the French language. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

All disputes shall be settled directly between the Customer and the Seller, where applicable using the messaging tool made available to them on the Website.

The Customer may therefore notify the Seller, via their personal account on the Website, within a maximum of 14 days from the Seller’s confirmation of the order, of any complaint concerning, in particular, non-receipt of the Product, its non-conformity with the order, or the receipt of a damaged Product.

The Customer and the Seller shall use their best endeavours to reach an amicable resolution of the dispute.

Depending on the circumstances, the dispute shall result either in the return of the Product ordered or in a refund, in accordance with the terms set out in these T&Cs.

The Customer is informed that, in any event, they may resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L 612-1 of the Consumer Code) or with existing sector-specific mediation bodies, or to any alternative dispute resolution method, including conciliation, in the event of a dispute.

The Customer may refer the matter to the consumer mediator within a maximum period of one year following their written complaint to the Seller. Referral to the consumer mediator must be made under the following conditions: 

• either by completing the form provided for this purpose on the AVENIR CONSO website: www.avenir-conso.com

• or by post addressed to AVENIR CONSO, 197 Boulevard Saint-Germain, 75007 Paris.

Any disputes arising from purchase and sale transactions concluded under these T&Cs, concerning their validity, interpretation, performance, termination, consequences and outcomes, and which cannot be resolved between the Seller and the Customer, shall be submitted to the competent French courts in accordance with the provisions of ordinary law.

ARTICLE 17 – PARTIAL INVALIDITY – WAIVER 

If one or more provisions of these terms and conditions are deemed invalid or declared as such pursuant to a law, regulation or final decision of a competent court, the remaining provisions shall remain in full force and effect.

The fact that the Seller does not, at any given time, invoke any of the provisions of these Terms and Conditions shall not be construed as a waiver of the right to invoke any such provision at a later date. 

ARTICLE 18 – PRE-CONTRACTUAL INFORMATION – CUSTOMER’S ACCEPTANCE

The Customer acknowledges having been informed by the Seller in a legible and comprehensible manner, through the provision of these T&Cs, prior to their immediate purchase or the placing of the order and in accordance with the provisions of Article L 221-5 of the French Consumer Code:

• of the essential characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity, enabling them to purchase the Products in full knowledge of the facts, particularly with regard to their conditions of use. The photographs and graphics presented are not contractually binding and shall not engage the Seller’s liability. The Customer is required to refer to the description of each Product in order to ascertain its essential properties and characteristics

• the price of the Products and the application of a personalised price based on an automated decision-making process and any associated costs or, where no price is payable, any benefit provided in lieu of or in addition to the price and the nature of that benefit;

• regarding the terms of payment, delivery and performance of the sales contract;

• where the sale is not executed immediately, the delivery times for the Products ordered;

• the identity of the Seller and all their contact details;

• the existence and terms of the guarantees (the statutory guarantee of conformity, the guarantee against hidden defects, any commercial guarantees) and, where applicable, after-sales service;

• regarding the possibility of referring the matter to a consumer ombudsman, whose contact details are set out in these T&Cs, under the conditions provided for in the Consumer Code

• on the right of withdrawal (existence, conditions, time limit, procedures for exercising this right and standard withdrawal form), the terms of termination, the handling of complaints and other important contractual conditions and, where applicable, on the costs of using the means of distance communication, the existence of codes of conduct and financial deposits and guarantees;

• on the accepted methods of payment.

The fact that a Customer places an order on the Website implies full and unconditional acceptance of these T&Cs and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Seller.

ARTICLE 19 - INFORMATION ON MEMBERSHIP OF APPROVED ECO-ORGANISATIONS

In accordance with the provisions of the Environment Code relating to the Extended Producer Responsibility (EPR) scheme applicable to certain sectors, including textiles, household linen and footwear (TLC), the Seller is registered with the eco-organisation Refashion under the Unique Identification Number (IDU): FR211805_11WUOO]

It is also affiliated with the eco-organisation CITEO for the recycling of paper and packaging under the UID numbers FR211805_03FAJL (paper) and FR211805_01TMQO (packaging)