The "Site": the website www.boutique.vendeeglobe.org managed and operated by the company COMPTOIR DE LA MER, a single-member limited liability company with a capital of 50,000 euros, whose registered office is located at 2 Rue des Gréeurs La Cabaude 85100, Les Sables d’Olonne.

The "Customer": any individual or legal entity who has placed an order on the Site.

The "Order": the act of purchasing a Product online.

The "Legal Notices": informs any internet user, Customer or not, about the identity of the operator and host of the Site as well as the conditions of access to the Site.

The "Registration": the action allowing an internet user to become a Customer and be able to place an order.

The "Product": item offered for sale on the Site.

The "Cart": collection of Products selected in order to place an Order.

These General Terms and Conditions aim to set the terms and conditions of sale by the company COMPTOIR DE LA MER of ready-to-wear products and fashion accessories to Customers.

These Conditions are complemented by the legal notices (see the "legal notices" link at the bottom of the site page).

Article 3 | Customer Identification - Acceptance of these Conditions

The Customer declares on their honor to be legally of age or an emancipated minor. The Customer provides the Site with valid postal and email addresses; the Customer ensures their validity over time.

At the time of the Order, the Customer must provide the information marked as mandatory.

If the user chooses to create their personal space, the Customer selects a personal identifier and password. At the end of each session, the Customer must ensure that they log out of their personal space. The Customer is responsible for maintaining the confidentiality of their password and personal space and is fully responsible for any acts involving the use of their identifier and password. In case of loss or theft of the identifier and/or password, or in case of use by an unauthorized third party, the Customer must immediately contact the Site.

The Customers' personal space contains:

• the Customer's profile
• the catalog

For any Order as well as when creating their account, the Customer acknowledges having read, understood, and accepted these General Terms and Conditions. With each new Order, the Customer reaffirms their agreement to these Conditions.

In case of a change in the financial access policy, the introduction of a new service, or the evolution of any other substantial modality stipulated herein, these Conditions will be revised. The Customer must regularly consult them to stay informed of any changes.

Article 4 | Prices and Product Orders

Prices:

The prices indicated on the site boutique.vendeeglobe.org are expressed in euros, including VAT, excluding participation in shipping costs. The VAT rate is the one in effect for the concerned Products. If the VAT rate were to be modified, these changes could be reflected in the product and article prices, without prior notice to the Customer.

Shipping costs will be indicated during the order validation process, at the time of entering the buyer's address.

For deliveries in mainland France and the European Union countries, the order is established including VAT.

For deliveries overseas and outside the European Union, the order is established excluding VAT. Customs duties, import duties, or other local taxes required upon entry into the country are the responsibility of the buyer.

To place an Order:

The Customer has the option to register by creating a customer account or log in to their existing account, select the Product(s) they are interested in to add them to their Cart. At any time, the Customer can check the Products in the Cart, add or remove them. Based on the Products in the Cart, the Customer is informed of the related transport costs.

To validate the Order for the Products in the Cart, the Customer must click on the "ORDER" button. The Customer is then invited to pay on the dedicated payment platform (see provisions below). A confirmation email is sent to the Customer.

Article 5 | Product Availability

Our Products are offered as long as they are visible on the site boutique.vendeeglobe.org and within the limits of available stocks. For non-stocked Products, our offers are valid subject to availability from our suppliers.

In case of unavailability of the ordered Product, non-acceptance by the Customer of the delivery time imposed by this unavailability, COMPTOIR DE LA MER will contact the Customer before any modification of the Order.

COMPTOIR DE LA MER may propose a replacement Product to its Customer, who will have full discretion to accept or refuse it. In case of refusal, the amounts already deducted for the unavailable Product(s) will be re-credited to the debited account within thirty (30) days.

Article 6 | Payment

The validation of your order implies the obligation to pay the indicated price.

Payments are made in cash when ordering by credit card, online via the secure SystemPay or PayPal system.

Accepted cards are Visa and Mastercard.

The card is debited at the time of the order.

In case of payment failure by credit card, the Products are not delivered, and the Order is automatically canceled.

The communicated banking data is neither known nor stored by the Site, it remains only control data between the Customer and the bank.

Article 7 | Delivery

COMPTOIR DE LA MER delivers in mainland France and overseas territories and the rest of the World. Products are delivered to the delivery address indicated during the order process, within the time specified on the order validation page.

In case of shipping delay, you will be informed by email of any potential consequence on the delivery time that was indicated to you.

In accordance with legal provisions, in case of delivery delay, you have the option to cancel the order under the conditions and modalities defined in Article L 138-2 of the Consumer Code. If, in the meantime, you receive the product, we will proceed to its reimbursement, as well as the reimbursement of return shipping costs of the goods under the conditions of Article L 138-3 of the Consumer Code.

In case of deliveries by a carrier, COMPTOIR DE LA MER cannot be held responsible for delivery delays due exclusively to customer unavailability after several appointment proposals.

Products are delivered to the delivery address mentioned in the Order. From the moment the order is sent to the Customer or the address chosen by the latter, the risks on the delivered goods are transferred to the Customer. This provision does not apply to consumer Customers.

Upon receipt of the Product, the Customer must check the condition of the packaging and the Products upon delivery. If the package is damaged upon delivery, the Customer must refuse it. The delivery note includes specific reservations.

Refused deliveries or to an incorrect address will be subject to a new delivery at the Customer's expense.

Article 8 | Retention of Title

Delivered Products remain the property of COMPTOIR DE LA MER until the Customer has fulfilled all their obligations towards COMPTOIR DE LA MER, and in particular until full payment of the price, if applicable increased by legal interest.

Article 9 | Right of Withdrawal for Consumer Customers

In accordance with Article L.121-21 of the Consumer Code, the consumer Customer has a right of withdrawal within fourteen (14) days from the receipt of the ordered Product. COMPTOIR DE LA MER undertakes to reimburse the total amount paid, except for the return shipping costs of the Product which remain the responsibility of the consumer Customer.

COMPTOIR DE LA MER will acknowledge receipt of the withdrawal made by the consumer Customer.

The reimbursement is made by the same means of payment used by the consumer Customer, no later than fourteen (14) days following the date on which the Customer exercised their right of withdrawal. If the Product is returned incomplete or damaged, COMPTOIR DE LA MER may refuse to proceed with the reimbursement or apply a reduction according to the diagnosis made by the after-sales service of the Site.

In case of staggered delivery of the Order, the withdrawal period will start from the receipt of the last package composing the Order.

Article 10 | Returns within 14 days

Each returned Product must be accompanied by a return code.

To do this, the Customer must contact COMPTOIR DE LA MER through the contact form specifying the order number and the references of the article(s) concerned. COMPTOIR DE LA MER will respond to the internet user by communicating the merchandise return process.

The return is at the customer's expense.

The Product must be sent to the address of the Site operator specified in the Notice. The Product must be carefully placed in its original packaging, intact.

This package must reach COMPTOIR DE LA MER in good condition. The package that has been opened must be properly closed, and the Products in the package not opened. All packaging must be original. It must be received in the premises of COMPTOIR DE LA MER in perfect resale condition, which means that the Customer must take the necessary measures to protect the Product as much as possible for its return transport.

A package received crushed or of which one of the Products it contains is missing, crushed, or opened will not be accepted and cannot be reimbursed.

The reimbursement will be made within 14 (fourteen) days by bank transfer or bank check.

Article 11 | Non-compliance – Defective Products

For the consumer Customer:

If the Product received does not comply with the characteristics provided on the Order, the consumer Customer may demand its replacement by COMPTOIR DE LA MER.

For defective Products presenting a hidden defect, the Customer must indicate their contact details, their delivery note number, the references of the Product listed on the delivery note, and a description of the defects. COMPTOIR DE LA MER will proceed to reimburse the Product(s). The return of Products in case of error, defect, or non-compliance will only be accepted for complete Products, in their original packaging, intact, accompanied by all accessories, instructions, and documentation, all in a new carton with a copy of the purchase invoice. In the aforementioned cases, any shipping costs will be reimbursed to the Customer.

In any case, warranties do not cover:

• Abnormal or non-compliant use of Products, in relation to their documentation
• Defects and their consequences related to non-compliant use for which the Product is intended
• Defects and their consequences related to any external cause.

For the professional, merchant, or liberal profession Customer:

• The Customer is solely responsible for the suitability of the ordered Product(s) to their needs. The Site will therefore not accept any return for non-compliance.
• COMPTOIR DE LA MER does not offer any own warranty or warranty extension. COMPTOIR DE LA MER cannot therefore be held responsible for hidden defects or defective product warranties.

Article 12 | Distinctive Elements of the Site - Intellectual Property

The term COMPTOIR DE LA MER is registered as a trademark.

The domain name www.boutique.vendeeglobe.org is protected. These elements cannot be used without the express authorization of its owner. The same applies to the distinctive signs of the partners.

The Customer acknowledges that the content, including but not limited to, texts, the Products database, software programs, music, sounds, photos, graphics, videos present on the Site are protected by copyright, trademark law, or all other rights and laws relating to intellectual property. The Customer acknowledges that they are only authorized to use these elements and information within the express limits set forth herein.

Any reproduction of all or part of the Site for purposes other than consultation of the Site or placing an Order is prohibited without the authorization of COMPTOIR DE LA MER.

Any simple or hypertext link with the site www.boutique.vendeeglobe.org is strictly prohibited without the express written agreement of the company COMPTOIR DE LA MER.

Article 13 | Comments, Reviews, Communications, and Other Content

Users of the COMPTOIR DE LA MER site can send criticisms, comments, or any other content; Submit suggestions, ideas, questions, or any other information as long as this content is not illegal, obscene, abusive, threatening, defamatory, infringing on intellectual property rights, or harmful to third parties and does not consist of or contain computer viruses, political activism, commercial solicitations, mass mailings, chains, or any other form of "spam".

The user must not use a false email address, impersonate any person or entity, or lie about the origin of the content. COMPTOIR DE LA MER reserves the right, at its sole discretion, to remove or modify any content.

Article 14 | Liability

Access and operation of the Site:

The Site relies on technologies developed by third parties. COMPTOIR DE LA MER undertakes to implement all necessary means to ensure continuous access to the Site.

However, to ensure the technical maintenance of the Site, access may be interrupted punctually. As far as possible, the Site will endeavor to inform Customers. The Customer must ensure the compatibility of their computer equipment and installed software to access the Site.

COMPTOIR DE LA MER disclaims all liability in the event of any possible prejudice that may result from the unavailability of the Site or a connection problem to the Site.

Taking and Executing an Order on the Site:

COMPTOIR DE LA MER excludes all liability in case of any potential delivery delay on the indicative announced time. Such a delay does not allow the Customer to request the cancellation of the sale, to refuse the merchandise, or to claim damages for any reason.

COMPTOIR DE LA MER cannot be held responsible for the non-execution of the concluded contract in case of stock shortage or unavailability of the Product, whether in its own stocks or those of its supplier.

THE LIABILITY OF COMPTOIR DE LA MER WILL ONLY BE ENGAGED IF IT IS ESTABLISHED THAT THE REPORTED DAMAGE RESULTS FROM ITS OWN ACTION AND THAT THERE IS A DIRECT AND CERTAIN CAUSAL LINK BETWEEN THE ALLEGED FAULT AND THE DAMAGE.

In any case, the liability of COMPTOIR DE LA MER cannot exceed 200 €, all damage items combined.

Loss or fraudulent use of passwords/identifier

The Site will not be responsible for any loss or damage that may result from the loss or fraudulent use of the Client's passwords, identifier.

Article 15 | Limitation

Any liability action against the Site is prescribed one (1) year after the occurrence of the harmful fact generator.

Article 16 | Data Protection and Privacy

The Site retains the following data:

• Information provided at registration for the opening of a Client space allowing Order placement;
• Information provided at the time of Order, if no registration is made;

In accordance with applicable legislation, the time, duration, and IP address of each visit to the Site.

These data can be communicated upon requisition by judicial authority.

In accordance with law n° 78-17 of January 6, 1978, as amended, known as data protection and privacy, the database and related processing have been declared to the CNIL.

Any personal data concerning the Customer is collected directly on the Site. The Customer has a right of opposition, access, rectification, and deletion of personal data concerning them, except for IP addresses, in accordance with the regulations in force on the retention of these data. To exercise their rights, the Customer must simply submit their request via the contact form on the merchant site.

Article 17 | Application of Conditions - Severability - Interpretation

These General Terms and Conditions of the Site legally and contractually bind the Site and the Customer.

The fact that the Site does not exercise, at any given time, a prerogative recognized by these General Terms and Conditions cannot be interpreted as an express or tacit waiver of the right to exercise said prerogative in the future.

Moreover, the recognition of the invalidity of a clause will not affect the validity of the rest of the contract and any other clause.

In case of contradiction between a provision of these General Terms and Conditions, the Legal Notice, or any other mention on the Site, these General Terms and Conditions shall prevail.

Article 18 | Applicable Law

These conditions, the annexes, and any document or content published on the Site are subject to French law

Article 19 | Date of update of the General Terms and Conditions of Sale

May 15, 2024