General Conditions “Buyers”

D BY DELPHINE

GENERAL CONDITIONS “BUYERS”

These General Conditions “Buyers” govern the relations between Buyers and Sellers for the sale of Products through the Site.

They are supplemented by the Legal Notices ( https://www.maisoneloe.com/mentionslegales ), the General Conditions of Use ( https://www.maisoneloe.com/cgu ) which govern the relations between Users and D BY DELPHINE for the use of the Site, and the Confidentiality Policy ( https://www.maisoneloe.com/politiquedeconfidentialite ). The “Sellers” General Conditions specifically govern the relations between Sellers and D BY DELPHINE for the sale of Products through the Site.

* *

Between :

The Buyer (as defined in Article 1 hereof),

On the one hand,

AND

The Seller (as defined in Article 1 hereof),

On the other hand,

In the presence of the company D BY DELPHINE, a simplified joint-stock company with a single shareholder and share capital of 2,000 euros, registered with the Paris Trade and Companies Register under number 897 740 890, and whose registered office is located at 42 avenue Paul Doumer – 75116 Paris

The Buyer and the Seller are hereinafter individually referred to as the “ Party ” or “ Parties ”.

These General Conditions for “Buyers” are hereinafter referred to as “ the GTC ”.

IT HAS BEEN PREVIOUSLY EXPOSED THAT :

D BY DELPHINE operates the website www.maisoneloe.com , an online platform that connects Buyers and Sellers to enable Buyers to acquire second-hand, signed jewelry items from Sellers, who are professionals.

It is specified that D BY DELPHINE operates only as an intermediary and that its intervention is carried out solely for the purpose of facilitating the sales of Products between Buyers and Sellers, without constituting a party to the sale of the Products. D BY DELPHINE, which is neither a Seller nor a Buyer, exercises no control over the sales made by Sellers on the Site and cannot be held liable for the sale of Products, in any capacity whatsoever. Only the Sellers are responsible for the sale of Products through the Site and their delivery (including in the context of the return of products), the dissemination of Content and Advertisements and the processing of any complaints from Buyers and third parties in this regard.

In this context, the Parties agree to conclude these General Terms and Conditions governing the sale of Products between Buyers and Sellers.

THIS BEING STATED, IT HAS BEEN AGREED AS FOLLOWS:

ARTICLE 1 – DEFINITIONS

The Parties agree and accept that the following terms used with a capital letter, in the singular and/or plural, have within the framework of the GTC, the meaning given to them below:

“ Buyer ” means any User who purchases one or more Product(s) on the Site.

“ Advertisement ” means any offer to sell a Product published by a Seller on the Site.

“ Order ” means the process of online purchase of a Product by a Buyer from a Seller through the Site.

“ Account ”: personal account created by the Buyer on which he enters his contact details and personal information and through which he can purchase the Products.

“ Content ” means any element (including video, photographic, documents, messages, comments, texts, images, etc. ) put online by a User on the Site.

“ D BY DELPHINE ” means the operator of the Site, namely the company D BY DELPHINE, whose contact details appear at the top of these General Terms and Conditions.

“ Order Price ” means the price of the Product to which are added, where applicable, delivery costs and applicable customs fees, local taxes, import duties and state taxes.

“ Product ” means any product offered for sale by a Seller through the Site, namely exclusively second-hand signed jewelry items. The box containing the jewelry item is an integral part of the Product.

“ Site ” means the website www.maisoneloe.com , an online platform operated by D BY DELPHINE enabling Sellers and Buyers to connect with each other for the purpose of the sale of Products by Sellers to Buyers.

“ Services ” means the online intermediation services provided by D BY DELPHINE, as described in Article 5 of these General Terms and Conditions.

“ Seller ” means any natural or legal person, having the status of a professional, who offers for sale one or more Product(s) via the Site as part of his or her professional activity. Any person who does not have the status of a professional may not sell Products via the Site.

“ User ” means any Internet user browsing the Site.

ARTICLE 2 – PURPOSE

The purpose of these General Terms and Conditions is to define and regulate the terms and conditions of sale of Products by Sellers to Buyers via the Site.

These General Terms and Conditions apply without restriction or reservation to all online purchases made on the Site.

ARTICLE 3 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

The CGA are accessible and printable at any time via a direct link at the bottom of each page of the Site.

The Buyer's acceptance of the General Terms and Conditions is indicated by a checkbox in the Order form. Any conditional acceptance is considered null and void. A Buyer who does not agree to be bound by the General Terms and Conditions may not place an Order on the Site.

The GTC constitute the entire agreement between the Parties and supersede any previous agreement or arrangement, oral or written, relating thereto. They prevail over any other general or specific conditions not expressly agreed to by the Seller.

D BY DELPHINE reserves the right to modify the GTC under the conditions of article 14 of the GTC.

The General Terms and Conditions applicable to an Order are those posted online on the Site on the date of said Order and accepted by the Buyer in accordance with this article.

ARTICLE 4 – SALE OF PRODUCTS

4.1. Announcements

In accordance with the provisions of Article L. 111-1 of the Consumer Code, the Seller undertakes to indicate in any Advertisement:

the essential characteristics of each Product .

For any additional questions relating to the Products, the Buyer may contact the Seller via the “chat” made available on the Site.

The Seller is responsible for writing the Advertisement relating to the Product that he puts on sale on the Site, the Product offered for sale and the Content that he distributes.

D BY DELPHINE does not carry out any checks on the Advertisements, Content and Products, in particular the possible counterfeit nature of the Products and the authenticity of the stones and metals composing them (with the exception of a check relating to the quality of the photographs of the Products and the consistency and language of the descriptions in the Advertisement).

the price of each Product . The price of the Product is indicated in euros, all taxes included (VAT and other applicable taxes) and is freely determined by the Seller. It is displayed on the Site before the Order, in the summary of the Order before payment and in the Order confirmation email. The Seller is responsible for indicating the taxes applicable to the Product: D BY DELPHINE cannot be held responsible for any error in this indication.

The price of a Product does not include:

the delivery costs that may apply to the delivery of the Products, invoiced where applicable in addition to the price of the Products. The amount of any applicable delivery costs will be indicated before the Buyer confirms the Order.

any customs duties and local taxes or import duties or state taxes that may be payable depending on the case, in particular in the case of purchases outside the European Union and/or in the French Overseas Territories. These duties and sums are not the responsibility of the Seller. They are the responsibility of the Buyer (in particular declarations, payment to the competent authorities). The Buyer must pay the applicable customs duties, local taxes, import duties and state taxes, in addition to the delivery costs, when placing his Order.

any bank charges and telecommunications costs necessary for access to the Site, which are the responsibility of the Buyer.

The prices of the applicable Products are those indicated on the Site on the day of the Order.

This pre-contractual information is presented by the Seller in French and English.

4.2. Order

4.2.1 Placing an Order

The Buyer may place an Order for one or more Product(s), under the following conditions.

The Buyer can select the Product(s) appearing on a Seller's Advertisement by placing them in their basket;

Once the Product(s) have been selected, the Buyer must create or log in to their Account;

He must then (i) validate the selected Product(s), (ii) choose whether he wishes the Product(s) to be delivered to him or go to the Seller's store to collect them, and (iii) where applicable, provide the delivery information and validate the terms and conditions and any applicable delivery costs, customs fees, local taxes, import duties and state taxes;

Finally, he must proceed to the payment of the Price of the Order. At this stage, he clicks on the button " Pay my order " and acknowledges placing an order with obligation of payment. From this action, the Buyer will no longer be able to cancel his Order (subject to the exercise of his right of withdrawal). The Order is deemed received by the Seller when the latter can access it;

The Buyer will receive an Order confirmation email, summarizing the elements of the Order, namely the description of the Product(s) ordered and the corresponding price, as well as the expected delivery time and the Seller's contact details. The confirmation email also includes a copy of the current General Terms and Conditions as well as a statement of the withdrawal period and terms.

The Buyer must ensure that the email address provided when placing the Order is correct and that it allows them to receive the Order confirmation email. If the email is not received within twenty-four (24) hours of placing the Order, the Buyer must contact D BY DELPHINE.

The Seller recommends that the Buyer keep the information contained in the Order confirmation.

The Order confirmation is deemed to have been received by the Buyer when he can access it;

D BY DELPHINE will inform the Seller of the Buyer's Order by email (in the case of a bank transfer, this email will be sent once the transfer has been made by the Buyer). The Seller undertakes to accept or refuse the Order (if the Product is no longer available in the meantime) within two (2) working days of receipt of the aforementioned email.

Failure by the Seller to respond after the aforementioned deadline will constitute refusal of the Order, and the sales contract will not be concluded. The Buyer's Order will then be cancelled and the Buyer's bank card will be re-credited accordingly.

Acceptance of the Order by the Seller will be firm and irrevocable. Upon such acceptance, the distance sale will be concluded and deemed complete.

The Buyer will be informed of the acceptance or refusal of his Order by the Seller within three (3) working days of receipt of the aforementioned email.

The Product(s) ordered will be delivered by the Seller to the Buyer under the conditions of article 7 of the GTC.

4.2.2. Cancellation or suspension of Order

D BY DELPHINE reserves the right to suspend or cancel any Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount due by the Buyer, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous Orders.

In this regard, D BY DELPHINE reserves the right to request proof of identity from the Buyer (copy of identity card, proof of address and/or copy of bank card). Pending receipt of these documents, D BY DELPHINE reserves the right to suspend the Order.

ARTICLE 5 - CREATION, MANAGEMENT AND DELETION OF THE ACCOUNT

5.1 Creation and management of the Account

To purchase Products on the Site, the Buyer must register on the Site by creating an Account.

To create and manage the Account, the Buyer must provide all information marked as mandatory, including their telephone number. In this regard, the Buyer is informed of their right to register on the telephone canvassing opt-out list ( https://conso.bloctel.fr/index.php/inscription.php ).

The Buyer guarantees that all information he provides in the registration form is accurate, up-to-date and truthful and is not tainted by any misleading nature.

He undertakes to update this information in his Account in the event of changes (in particular: change of postal address), so that it always corresponds to the aforementioned criteria. This update is carried out by logging into the Account and modifying the information concerned.

The Buyer is informed and accepts that the information entered for the purpose of creating or updating their Account constitutes proof of their identity. The information entered by the Buyer is binding upon validation.

The Buyer may access his Account at any time after logging in using his email address and password. The Buyer undertakes not to register under a username/email address that may infringe the rights of a third party (brand, company name, trade name, etc. ).

The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility.

He is also responsible for maintaining the confidentiality of his email address and password, any access to his Account using these being deemed to have been made by the Buyer. The latter must immediately contact D BY DELPHINE if he notices that his Account has been used without his knowledge.

The Buyer must, moreover, take the necessary measures to back up by his own means the information in his Account that he deems necessary, no copy of which will be provided to him.

D BY DELPHINE cannot under any circumstances be held responsible for errors, omissions, or inaccuracies that may be found in the information provided by the Buyer, nor for any damage that may result therefrom for Sellers, other Users or third parties.

5.2 Deletion of Account

The Buyer may request at any time, without having to justify it, the deletion of his registration on the Site by deleting his Account by clicking on the " Delete my account " section of his Account. The unsubscription will be effective within thirty (30) working days from receipt of the unsubscription request by D BY DELPHINE, provided that Orders are not in progress on the day of this request and/or that complaints are not pending. If Orders are in progress and/or complaints are pending, deletion will take place when these Orders are honored (and at the end of the applicable withdrawal period) and/or when the complaints are closed.

D BY DELPHINE will delete any Account that remains inactive for a continuous period of 36 (thirty-six) months.

It is specified that the data and contracts will be kept for needs such as a legal obligation to keep data or documents which may include data or for evidentiary purposes for the applicable legal limitation period.

ARTICLE 6 – PAYMENT

6.1 Payment terms

Mangopay, a regulated payment service provider, is our payment partner and processes payments on our behalf.

- Latest MangoPay updates

The entire Price of the Order is due (in euros) immediately upon Ordering, when the Buyer clicks on the “ Pay my order ” button and acknowledges placing an order with an obligation to pay.

Payment is made online by credit card ( MasterCard, Visa, CB, Amex ) or by bank transfer, through the Mangopay application, payment service provider. In the event that the Buyer opts for bank transfer, he has a period of two (2) working days to make said transfer; failing this, the Order will be canceled. In the event of an error in the amount of the bank transfer, the Order will be canceled and the Buyer will have to repeat his Order.

Once payment has been made by the Buyer, the Order Price is immediately debited by D BY DELPHINE.

In accordance with the provisions of the Monetary and Financial Code, the payment order given by the Buyer is irrevocable and thus authorizes his account to be debited with the Price of the Order. The Buyer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. The Buyer guarantees that he has the necessary authorizations to use the payment method he has chosen for his Order.

D BY DELPHINE cannot be held responsible in the event of fraudulent use of the means of payment used by the Buyer in the event of non-payment or partial payment by the Buyer.

The Buyer authorizes D BY DELPHINE to collect the Price of the Order (via the payment service provider Mangopay ) and to pass it on to the Seller (less a commission in particular).

Bank charges may apply when transferring money, particularly for accounts domiciled outside France. The Buyer should consult the terms and conditions applicable to these transactions with the relevant banking institution.

6.2 Billing

The Seller shall be required to issue an invoice for each Order and send it to the Buyer. The Seller shall include a paper copy of the invoice in the package corresponding to each Order.

The Seller is responsible for ensuring that the invoice complies with applicable laws and regulations.

ARTICLE 7 – DELIVERY

The Buyer may choose to have the ordered Product(s) delivered to the delivery address provided or to collect the ordered Product(s) from the Seller's store (free of charge). The Seller is obliged to respect the Buyer's choice. The Buyer must provide all the information necessary for the effective delivery of the Product(s).

In the event that the Buyer has opted to collect the Product(s) ordered from the Seller's store, the Seller undertakes to provide the Buyer with the address of his store.

In the event that the Buyer has opted for delivery of the Product(s) ordered, the following provisions apply.

7.1 Delivery territory

Deliveries can take place in France and outside France.

7.2 Delivery method

The Products are shipped directly by the Seller to the Buyer by any means and within the delivery times communicated to the Buyer.

7.3 Delivery price

Delivery costs are borne by the Seller if the delivery address is located in mainland France.

Delivery costs are the responsibility of the Buyer if the delivery address is located abroad or in the French overseas departments and territories.

Where applicable, delivery costs are indicated before the Order and are recalled in the Order summary before payment, as well as in the Order confirmation email. Delivery costs may be reassessed based on the rates applied by the carrier. The applicable delivery costs are those indicated on the Site on the date of the Order.

7.4 Delivery times

Delivery times will be communicated to the Buyer before the Order, in the Order summary before payment and in the Order confirmation email. The Seller will, where possible, prioritize delivery of the Order within eight (8) working days.

In the event of an Order for several Products from the same Seller, the Seller will, where possible, prioritize delivery in one go.

The Seller is solely responsible for the proper execution of the delivery of the Product(s) ordered to the Buyer, within the time limits brought to the attention of the Buyer. No liability may be inferred from D BY DELPHINE in the delivery of the Products. The risks associated with the delivery operation rest with the Seller, who will be responsible for taking action against the carrier if necessary. D BY DELPHINE declines all liability in the event of damage caused to a Product or loss of a Product during its shipment to the Buyer.

The Buyer can contact the Seller to follow up on his Order by contacting him via the “chat” system set up on the Site.

The Seller is informed that, in the absence of delivery within the indicated time, the Buyer may apply the provisions of Article L. 216-6 of the Consumer Code.

7.5 Retention of title

The Seller retains full ownership of the Product(s) ordered until the Buyer takes physical possession of them. From this date, the risks of loss and deterioration of a Product are transferred to the Buyer. Before this date, these risks belong to the Seller.

ARTICLE 8 – RIGHT OF WITHDRAWAL

D BY DELPHINE puts the Seller and the Buyer in contact via the Site for the exercise of the right of withdrawal.

Pursuant to the provisions of the Consumer Code, the Buyer has a period of fourteen (14) days, from the date of receipt of the Product(s) ordered, to withdraw without having to provide reasons or pay penalties, with the exception of return costs which remain his responsibility and which he must pay. When his Order relates to several Products delivered separately or in the case of an Order for a good composed of batches or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or batch or the last part.

The Buyer who wishes to exercise his right of withdrawal must send his request for withdrawal by clicking on the dedicated button on the Site, before the expiration of the above period. The Seller will then be informed by D BY DELPHINE of the Buyer's wish to withdraw. D BY DELPHINE will communicate, without delay, to the Buyer an acknowledgment of receipt of the withdrawal on a durable medium.

The Products will be returned to the Seller under the following conditions:

If the Buyer has opted for delivery, the Products must be returned to the Seller no later than fourteen (14) days following the Buyer's notification of his/her wish to withdraw. If the Buyer has opted for collection of the Products from the Seller's store, the Products must be returned by the Buyer, by his/her own means and at his/her own expense, to the store's postal address within the aforementioned period. The withdrawal will not be effective if the Buyer does not return the Product within this legal period.

They must not have been worn (except for the first fitting). They must, if possible, be accompanied by a copy of the proof of purchase. The Buyer is deemed responsible for any damage to the Products upon their return to the Seller (in particular marks, deformations, deterioration, stains).

The Products must be returned in their box, which is an integral part of the Products. However, they may be returned without their original packaging, provided that the Buyer ensures that the packaging containing the Products to be returned is adequate to preserve the integrity and quality of the Products.

The Buyer also agrees to comply with the following instructions for the package:

If a package contains multiple Products, the package size must not exceed the following dimensions: 302 x 203 x 178 cm

If a package contains only one Product, the size of the package must not exceed the following dimensions:

- small package: 12x12x12

- medium package: 16x16x12

-large package: 30X30x12

The Buyer will be reimbursed for the full amount paid for his Order, less the return costs, which remain his responsibility. This reimbursement will be made through D BY DELPHINE ( via the payment service provider MangoPay ) as soon as possible and at the latest within fourteen (14) days from the actual recovery of the Products by the Seller or until the Buyer has provided proof of shipment of the Products, the date retained being that of the first of these facts. The reimbursement will be made using the same means of payment as that used for the initial transaction. In any event, this reimbursement will not incur any costs for the Buyer. Additional costs will not be reimbursed if the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered.

ARTICLE 9 – LEGAL GUARANTEES

The Buyer benefits from the legal guarantees of conformity as well as for hidden defects in the item sold.

When acting under the legal guarantee of conformity, the Buyer:

benefits from a period of two years from delivery of the goods to act;

may choose between repair or replacement of the goods, or, failing that, the writing of the price or the termination of the contract, under the conditions of article L. 217-8 of the Consumer Code;

is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for used goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The Buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

The processing of legal guarantees is the sole responsibility of the Seller.

It is agreed that, with the exception of the right of withdrawal which can be exercised via the Site using a dedicated functionality, D BY DELPHINE does not provide any specific functionality on the Site for the exercise of other legal guarantees. In particular, in the event of reimbursement of the Order Price to the Buyer following the exercise of a legal guarantee other than the right of withdrawal, this reimbursement will not take place through the Site but will be carried out directly by the Seller. Similarly, the Seller must also manage the return of the Product alone.

9.1 Legal guarantee of conformity

The Seller guarantees the conformity of the Product to the Advertisement.

The Seller undertakes to ensure that the Product(s) ordered correspond in all respects to the information and photographs published in the Advertisement. The Seller thus undertakes to guarantee D BY DELPHINE against any request or claim related to the lack of conformity of the Product(s) ordered with the Advertisement.

If the Buyer finds that the Product delivered to him presents a non-conformity, he must inform the Seller, indicating the nature of the non-conformity noted (it being specified that defects of conformity which appear within a period of twelve (12) months from the delivery of the Products are presumed to exist at the time of delivery, unless proven otherwise).

The Seller will carry out the necessary checks and will offer the Buyer the repair of the Product where possible (replacement of the Product being impossible, given that the Products are second-hand signed jewelry items) or, failing that, the reduction of the price or the termination of the contract, under the conditions of Articles L. 217-8 et seq. of the Consumer Code.

The Products must be returned to the Seller with a copy of the corresponding purchase invoice.

It is recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

D BY DELPHINE does not provide any specific functionality on the Site regarding the exercise of this legal guarantee. The Seller will be solely responsible for the reimbursement of the price and the return of the product in the event of the exercise of this legal guarantee.

9.2. Guarantee of hidden defects

Under the warranty against hidden defects, the Buyer has the choice of returning the Product and having the price refunded, or keeping the Product and having part of the price refunded.

D BY DELPHINE does not provide any specific functionality on the Site regarding the exercise of this legal guarantee. The Seller will be solely responsible for the reimbursement of the price and the return of the Product in the event of the exercise of this legal guarantee.

9.3. Reminder of applicable legal provisions

For all useful purposes, the following legal provisions are recalled:

Article L217-3 of the Consumer Code: The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5.

It is liable for defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of this delivery.

In the case of a contract for the sale of goods containing digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;

2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller shall be liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is supplied under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.

The seller is also liable, during the same time limits, for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been made his responsibility by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity.

Article L217-4 of the Consumer Code: The good is in conformity with the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract.

Article L. 217-5 of the Consumer Code: I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:

1° It is suitable for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

II.- However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them;

2° That at the time of the conclusion of the contract, the public declarations had been rectified under conditions comparable to the initial declarations; or

3° That the public statements could not have had any influence on the purchasing decision.

III.- The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, a deviation to which he has expressly and separately consented when concluding the contract.

Article L. 217-7 of the Consumer Code : Defects of conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.

For used goods, this period is set at twelve months.

Where the contract for the sale of a good containing digital elements provides for the continuous supply of digital content or a digital service, any defects of conformity which appear are presumed to exist at the time of delivery of the good:

1° For a period of two years from the delivery of the goods, when the contract provides for this supply for a period of less than or equal to two years or when the contract does not determine the duration of supply;

2° During the period during which the digital content or digital service is provided under the contract, when the contract provides for this provision for a period exceeding two years.

Article L. 217-8 of the Consumer Code: In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or termination of the contract, under the conditions set out in this subsection.

The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled the obligations incumbent on him under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code.

The provisions of this chapter are without prejudice to the allocation of damages.

Article L. 217-9 of the Consumer Code : The consumer is entitled to demand that the goods comply with the criteria set out in subsection 1 of this section.

The consumer requests that the seller bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.

Article L. 217-10 of the Consumer Code : The goods are brought into conformity within a reasonable period of time which may not exceed thirty days following the consumer's request and without major inconvenience for the consumer, taking into account the nature of the goods and the use sought by the consumer.

The repair or replacement of the non-conforming good includes, where applicable, the removal and recovery of this good and the installation of the repaired good or the replacement good by the seller.

A decree specifies the terms for bringing the property into compliance.

Article L217-11 of the Consumer Code: The conformity of the goods takes place at no cost to the consumer.

The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement.

Article L217-12 of the Consumer Code: The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, in particular with regard to:

1° Of the value that the property would have in the absence of a lack of conformity;

2° The significance of the lack of conformity; and

3° The possible possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the property into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°.

When these conditions are not met, the consumer may, after formal notice, pursue specific enforcement of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity must be justified in writing or on a durable medium.

Article L. 217-13 of the Consumer Code : Any good repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee.

If the consumer chooses to have the repair carried out but this is not carried out by the seller, compliance by replacing the goods starts a new period of legal guarantee of conformity attached to the replaced goods for the benefit of the consumer. This provision applies from the day the replacement goods are delivered to the consumer.

Article L. 217-14 of the Consumer Code : The consumer has the right to a reduction in the price of the goods or to the termination of the contract in the following cases:

1° When the professional refuses any compliance;

2° When compliance occurs after a period of thirty days following the consumer's request or if it causes him major inconvenience;

3° If the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the installation of the repaired or replacement good or the costs relating thereto;

4° When the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to cancel the sale if the lack of conformity is minor, which is the seller's responsibility to demonstrate. This paragraph does not apply to contracts in which the consumer fails to pay a price.

Article L. 217-15 of the Consumer Code : In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the goods.

The reduction in price is proportional to the difference between the value of the goods delivered and the value of these goods in the absence of the lack of conformity.

Article L. 217-16 of the Consumer Code : In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter's expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract.

If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the conforming goods.

For contracts referred to in II of Article L. 217-1, providing for the sale of goods and, incidentally, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all contracts relating thereto.

The respective obligations of the parties to the contract, mentioned in Article L. 224-25-22 and relating to the consequences of the resolution for digital content and digital services, are applicable to the resolution of the contract of sale of a good containing digital elements.

Article L. 217-17 of the Consumer Code : Reimbursement to the consumer of the sums owed by the seller under this subsection is made upon receipt of the goods or proof of their return by the consumer and at the latest within the following fourteen days.

The seller reimburses these sums using the same means of payment as that used by the consumer when concluding the contract, unless expressly agreed by the latter and in any event without additional costs.

Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1642 of the Civil Code : The seller is not liable for apparent defects of which the buyer has been able to convince himself.

Article 1643 of the Civil Code: He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.

Article 1644 of the Civil Code: In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.

Article 1646 of the Civil Code: If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.

Article 1648 of the Civil Code: An action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.

ARTICLE 10 – OBLIGATIONS OF THE PURCHASER

10.1 Legal capacity of the Buyer

Placing an Order is accessible:

To any natural person with full legal capacity to enter into a commitment under the General Terms and Conditions. Consequently, if a person without legal capacity orders Products on the Site, their legal guardians (parents, guardians, in particular) will assume full responsibility for this Order.

To any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.

10.2 Obligations regarding the use of the Products

The Buyer is solely responsible for the use he makes of the Products.

It is his responsibility to use the Products in accordance with the instructions given on the Product label and the instructions provided by the Seller.

ARTICLE 11 – OBLIGATIONS AND LIABILITY OF THE SELLER

D BY DELPHINE operating only as an intermediary, the Seller is fully and solely responsible for the sale of the Products through the Site and their delivery (including in the context of the return of the Products), the dissemination of the Content and Advertisements, and the processing of any complaints from Buyers and third parties in this regard.

Therefore, the Seller undertakes to comply with the following obligations.

11.1. Obligations to comply with applicable laws and regulations

The Seller undertakes to comply with the laws and regulations relating to the conclusion of a distance selling contract, consumer law (clarity of the offer to the consumer, consumer information, availability of Products, delivery conditions, consumer right of withdrawal, invoicing, legal guarantees, etc. ), company law, tax law, social law, misleading, unfair or abusive commercial practices, which it claims to be fully aware of. The Seller will make all necessary declarations to the relevant authorities to comply with its obligations.

In particular, the Seller:

guarantees that the condition and characteristics of the Product that it offers for sale on the Site are consistent with the description it has given in the Advertisement and with the photographs published in the Advertisement (in particular, it guarantees the non-counterfeit nature of the Product, as well as the authentic nature of the stones/metals making up the Product);

guarantees that any Product, Advertisement and Content that it publishes on the Site are fully compliant with public order, morality and the laws and regulations in force;

undertakes not to engage in misleading advertising in the Advertisements and Content nor, more generally, to implement unfair commercial practices through the Site.

The Buyer acknowledges that the Seller cannot be held liable:

damages arising from use of the Products not in accordance with the recommendations provided on the Product label or not in accordance with the instructions provided by the Seller;

non-performance of the contract or delay in delivery if this non-performance or delay is attributable to the Buyer, in particular in the following situations:

inaccuracy or imprecision of the delivery address provided by the Buyer. Thus, in the event of a new delivery following this inaccuracy or imprecision, the costs relating to this new delivery will be invoiced to the Buyer.

the Buyer does not collect the delivered package within the time limit given to him by the carrier.

11.2. Obligations to respect the rights of third parties

The Seller undertakes to hold full and entire ownership of any Product that it puts up for sale on the Site and it is prohibited from putting up for sale any Product that is subject to a sales ban.

The Seller is prohibited from putting on sale any Product likely to infringe or which would infringe prior rights of third parties, in particular intellectual property rights, and/or the exploitation of which would constitute acts of unfair and/or parasitic competition.

The Seller guarantees that the Products it offers for sale have already been put on the market in the European Union or the European Economic Area or that it has obtained authorization from the holder(s) of the rights relating to the Products for this offer for sale. In any event, the Seller will be solely and entirely responsible for any request from the holder of the rights relating to the Products.

The Seller undertakes to only put online Content, in particular photographs, for which it holds the relevant intellectual property rights.

It also prohibits itself from being responsible, on the Site, for acts of defamation, insult, attacks on privacy or even image rights.

With regard in particular to the "chat" system set up on the Site to exchange messages with Buyers, the Seller acknowledges that its use is solely for the purpose of exchanging information on the Products. The Seller is prohibited in particular from sending:

spam or content that spreads viruses;
bulk messages of any other type (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not requested to receive them);
messages containing inappropriate, insulting, defamatory texts or otherwise considered to be incompatible with these T&Cs and/or the interests of Users;
messages of an illicit nature or otherwise attempting to harm other Users and/or the Site;
messages that could be classified as harassment of any kind.

11.3. Seller's Liability

It is recalled that D BY DELPHINE operates an online platform enabling Sellers and Buyers to connect. As such, in its capacity as a simple intermediary, D BY DELPHINE, which is neither a Seller nor a Buyer, exercises no control over the sales made by Sellers on the Site. The fact that D BY DELPHINE ensures the consistency, harmonization and homogeneity of the photographic and editorial content of the Advertisements does not imply any control by D BY DELPHINE over the sale of the Products (in particular the possible counterfeit nature of the Products and the authentic nature of the stones/metals composing them).

Consequently, the Seller is solely responsible for the proper execution of the sales contract it concludes with the Buyer, for the Products, Content and Advertisements it publishes on the Site, and for handling any claims from Buyers and third parties. In particular, the Seller assumes all responsibilities arising from its obligations under Articles 11.1. and 11.2. of the General Terms and Conditions.

In the event of a complaint from a Buyer, the Seller will be personally responsible for resolving it. Disputes are settled directly between the Buyer and the Seller. The Seller must make every effort to resolve the dispute with the Buyer.

ARTICLE 12 – INTELLECTUAL PROPERTY, PROTECTION OF PERSONAL DATA AND NOTIFICATION OF ILLEGAL CONTENT

12.1. Intellectual property rights of D BY DELPHINE

With the exception of the Contents, the structure of the Site and its elements, including the texts, graphics, images, photographs, sounds, videos, computer applications and databases that compose it, as well as the trademarks and other intellectual property rights appearing on the Site (hereinafter collectively referred to as " the Protected Elements "), are the exclusive property of D BY DELPHINE and are protected by the laws in force under intellectual property. In particular, the term "MAISON ELOƎ" is registered as a trademark.

The Seller and the Buyer undertake not to infringe the intellectual property rights of D BY DELPHINE.

Any representation, reproduction, adaptation or partial or total exploitation of the Protected Elements, by any process whatsoever, without the prior, express and written authorization of D BY DELPHINE, is strictly prohibited and could constitute an infringement within the meaning of the provisions of the Intellectual Property Code.

Access to the Site and its use do not constitute recognition of a right and, generally speaking, do not confer any intellectual property rights relating to the protected Elements, which remain the exclusive property of D BY DELPHINE.

12.2. Intellectual property rights relating to the Content

In consideration for the posting of the Content on the Site, the Seller and the Buyer grant D BY DELPHINE a worldwide, non-exclusive, transferable license, which may be sublicensed, granting D BY DELPHINE the right to use, copy, modify, distribute, process, store, digitize (in particular with a view to presenting the image of the Products in augmented reality on the Site) and distribute (in particular distribute the image of the Products in augmented reality form) all of the Content that the Seller and the Buyer insert on the Site as and when it is posted online (with the exception of messages exchanged by "chat" between the Seller and the User), for a period of twenty (20) years from the posting of the Content by the Buyer, on any medium (in particular as part of promotional and communication actions, in particular on the Internet, on social networks and via services audiovisual).

In particular, the Seller and the Buyer authorize D BY DELPHINE to distribute the Content on partner sites and to promote it on any medium.

The Seller and the Buyer are prohibited from using or reproducing any element that comes from the augmented reality implemented by D BY DELPHINE on the Site.

12.3. Personal data

D BY DELPHINE has a Confidentiality Policy which the Seller and the Buyer are expressly invited to read: https://www.maisoneloe.com/politiquedeconfidentialite

12.4. Notification of illegal content

In its capacity as host of the Content published by the User on the Site, D BY DELPHINE is subject to the reduced liability regime provided for in Articles 6.I.2 et seq. of Law No. 2004-575 of June 21, 2004 on Confidence in the Digital Economy.

In accordance with the provisions of Article 6, I, 7° of Law 2004-575 of June 21, 2004, D BY DELPHINE is not subject to a general obligation to monitor the information it transmits or stores, nor to a general obligation to seek out facts or circumstances revealing illicit activities.

In the event that a Buyer finds that Content posted on the Site infringes applicable legal and regulatory provisions, and in particular constitutes manifestly illicit content (for example defamatory, denigrating or infringing intellectual property rights), the Buyer may notify D BY DELPHINE by sending an email to the address or via the contact form on the Site.

ARTICLE 13 – DURATION OF THE GENERAL TERMS AND CONDITIONS

The General Terms and Conditions are concluded for the duration of the Buyer's registration on the Site, i.e. as long as the Buyer's Account is active.

ARTICLE 14 – AMENDMENT OF THE GENERAL TERMS AND CONDITIONS

The General Terms and Conditions may be amended at any time. The amended General Terms and Conditions will be posted on the Site. The current version of the General Terms and Conditions is the one available on the Site on the date of the Buyer's Order.

ARTICLE 15 – LANGUAGE

In the event of a translation of the CGA into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.

ARTICLE 16 – BUYER’S CLAIMS

The Buyer may address any complaint to D BY DELPHINE by sending an email to the address bonjour@maisoneloe.com (or by clicking on the contact form available on the Site), which will be forwarded to the Seller, or contact the Seller directly via the “chat” set up on the Site.

ARTICLE 17 – MEDIATION

The Buyer has the right to use a consumer mediator free of charge with a view to the amicable resolution of any dispute relating to the execution of these General Terms and Conditions which may arise between him and the Seller, under the conditions provided for in the provisions of the Consumer Code.

To this end, he can contact the following consumer mediator:

FEVAD

Postal address : 60 rue la Boétie – 75008 Paris

Email: mediateurduecommerce@fevad.com

Website: https://www.mediateurfevad.fr/

Telephone: 01.42.56.38.86.

The Buyer, if he wishes to resort to mediation, must prove that he has previously attempted to resolve his dispute directly with the Seller by means of a written complaint.

ARTICLE 18 – APPLICABLE LAW AND JURISDICTION

All clauses appearing in these General Terms and Conditions are subject to French law.

In the event of a dispute concerning the validity, interpretation and/or execution of the General Terms and Conditions, and in the absence of an amicable resolution or recourse to mediation, or in the event of failure of mediation, said dispute will be submitted to the French courts, unless there are contrary legal provisions which would refer to the mandatory jurisdiction of a foreign court. The Buyer may bring the matter before either one of the courts with territorial jurisdiction under the Code of Civil Procedure, or the court of the place where he was living at the time of the conclusion of the General Terms and Conditions or the occurrence of the harmful event.

ARTICLE 19 – GENERAL INFORMATION

If one or more provisions of the GTC are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

The fact that one of the Parties does not take advantage of a breach of any of the obligations referred to in the GTC against the other Party cannot be interpreted in the future as a waiver of the obligation in question.

* *

Appendix – Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of: [Seller's name]

Postal address: [Seller's address]

Email address: [Seller's address]

I hereby notify you of my withdrawal from the contract for the sale of the property below:

Order number:

Ordered on (*) / received on (*)

Name of buyer(s):

Address of the buyer(s):

Signature of the buyer(s):

(only if this form is notified on paper)

Date :

(*) Delete as appropriate.

Content updated on ___________ 2023