GENERAL TERMS AND CONDITIONS OF SALE - INTERNET

In force on 14/03/2018

ARTICLE 1 - SCOPE OF APPLICATION

These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional purchasers ("the Customer") wishing to acquire the products offered for sale ("the Products") by the Seller on the "www.viven-die.com" website. The Products offered for sale on the site are as follows:

Clothing, footwear and accessories.

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site "www.viven-die.com", which the customer is obliged to read before ordering.

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

Product offers are subject to availability, as specified when the order is placed.

These General Terms and Conditions of Sale are accessible at all times on the "www.viven-die.com" site and shall prevail over any other document.

The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale by ticking the appropriate box before placing an online order on the "www.viven-die.com" website.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows

Company registration number: 838763373 00XXX

Mail(s): vivendiecontact@gmail.com / contact@viven-die.com

The Products presented on the "www.viven-die.com" site are offered for sale in the following territories: Worldwide.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated exclusive of tax automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. The Customer shall be solely liable for any such charges.

ARTICLE 2 - PRICES

The Products are supplied at the current prices shown on the "www.viven-die.com" site when the order is registered by the Vendor.

Prices are expressed in Euros and include VAT.

The prices take into account any discounts granted by the Seller on the "www.viven-die.com" site.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside of the period of validity, to modify the prices at any time.

The prices do not include the costs of processing, dispatch, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

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

An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 - ORDERS

It is the Customer's responsibility to select the Products they wish to order on the "www.viven-die.com" site, in accordance with the following procedures:

The Customer chooses a product from the "shop" section and places it in their basket, which they may delete or modify before validating their order and accepting these general terms and conditions of sale. They will then enter their contact details. Once the information has been validated, the order will be considered definitive and will require payment by the customer in accordance with the terms and conditions set out.

Product offers are valid as long as they are visible on the site, while stocks last.

The sale will only be considered valid once the price has been paid in full. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the "www.viven-die.com" site constitutes the formation of a distance contract between the Customer and the Vendor.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to track the progress of his/her order by means of a tracking number provided in advance.

Any cancellation of the order by the Customer will only be possible before delivery of the Products (independently of the provisions relating to the application or non-application of the legal right of withdrawal)

ARTICLE 4 - PAYMENT CONDITIONS

The price is paid by secure payment as follows:

payment by credit card

payment by PayPal

The price is payable in full by the Customer on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the "www.viven-die.com" site.

Payments made by the Customer shall not be considered final until the Seller has actually received the sums due.

The Vendor shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the Vendor the full price in accordance with the above conditions.

ARTICLE 5 - DELIVERY

The Products ordered by the Customer will be delivered to Metropolitan France or to the following zone(s): Worldwide.

Deliveries are made within 14 days to the address indicated by the Customer when ordering on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or where one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

The Vendor undertakes to make its best efforts to deliver the Products ordered by the Customer within the times specified above. However, these times are given for information only.

If the Products ordered have not been delivered within 14 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of cancellation of the contract, to the exclusion of any compensation or deduction.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be the subject of a specific additional invoice, based on an estimate previously accepted in writing by the Customer.

The Customer is responsible for checking the condition of the products delivered. The Customer has a period of 14 days from the date of delivery in which to make any complaints by e-mail, accompanied by all relevant supporting documents (photographs in particular). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect and no complaint will be validly accepted by the Vendor.

The Vendor will reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proved the lack of conformity or the apparent or hidden defects, 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 GCS.

The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except where the Customer has chosen the carrier. In this case, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Products from the Vendor to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

ARTICLE 7 - RIGHT OF WITHDRAWAL

In accordance with article L221-18 of the French Consumer Code, "Consumers have a period of fourteen days to exercise their right to withdraw from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to give any reason for their decision or bear any costs other than those provided for in articles L. 221-23 to L. 221-25.

The period referred to in the first paragraph runs from the day :

1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4 ;

2° Of receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal from the moment the contract is concluded.

In the case of an order for several goods delivered separately or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, batch or part.

In the case of contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.

The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GTCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted.

The cost of returning the Products will be borne by the Customer.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

All orders placed during promotions or our exclusive outings are neither taken back nor reimbursed. All orders for predominantly white clothing are neither returned nor refunded.

In the event of a return, a handling fee of 5 euros will be deducted from the price of the order including VAT (excluding delivery).

ARTICLE 8 - SELLER'S LIABILITY - GUARANTEES

The Products supplied by the Vendor are covered by :

the legal guarantee of conformity, for defective, damaged or damaged Products or Products that do not correspond to the order,

the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and rendering them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the French Consumer Code

"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility".

Article L217-5 of the French Consumer Code

"The good conforms to the contract:

1° If it is fit for the purpose usually expected of similar goods and, where applicable :

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;

- if it has the qualities that a purchaser may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."

Article L217-12 of the French Consumer Code

"Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article 1641 of the French Civil Code.

"The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known about them.

Article 1648 paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

Article L217-16 of the French Consumer Code.

"When the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the purchase or repair of a movable item, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that was still running. This period runs from the date of the purchaser's request for service or from the date the item in question is made available for repair, if this is subsequent to the request for service.

In order to assert his rights, the Customer must inform the Vendor, in writing (by e-mail or post), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Vendor will reimburse, replace or have repaired the Products or parts under guarantee deemed to be non-conforming or defective.

Reimbursements, replacements or repairs of Products deemed to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of the Vendor's discovery of the non-compliance or hidden defect. This refund may be made by bank transfer or cheque.

Please note that delivery costs are not reimbursed by the company.

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

non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,

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.

The photographs and graphics presented on the site are not contractual and shall not incur the liability of the Vendor.

The Vendor's guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

ARTICLE 9 - INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

Pursuant to the French Data Protection Act 78-17 of 6 January 1978, it should be noted that the personal data requested from the Customer is necessary for the processing of the Customer's order and, in particular, for the preparation of invoices.

This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the "www.viven-die.com" site has been the subject of a declaration to the CNIL, number ________________.

In accordance with national and European regulations in force, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.

This right may be exercised in accordance with the procedures described in the "legal information" section of the "www.viven-die.com" website.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the "www.viven-die.com" site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These GCS and the transactions arising from them are governed by and subject to French law.

ARTICLE 11 - DISPUTES

For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTCS.

The Customer is hereby informed that, in the event of a dispute, he/she may in any event have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).

In this case, the appointed mediator is

Médiateur du Commerce Coopératif et Associé

77 rue de Lourmel 75015 Paris

http://www.mcca-mediation.fr/contact

E-mail: servicemediation@mcca-mediation.fr.

Customers are also informed that they may also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale transactions entered into pursuant to these GTCS and which have not been settled amicably between the seller or by mediation shall be submitted to the competent courts under the conditions of common law.