These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers" or "Client"), wishing to acquire the products offered for sale ("Products") by the Seller on the website www.gaianne-paris.com. The Products offered for sale on the site are the following: Nightwear and lingerie

The main characteristics of the Products and notably the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the www.gaianne-paris.com website, which the client is required to read before placing an order.

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 T&Cs are available at any time on the website www.gaianne-paris.com and will prevail over any other document.

The Customer declares to have taken knowledge of the present CGV and to have accepted them by checking the box provided for this purpose before the implementation of the procedure of on-line order of the www.gaianne-paris.com site.

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

The Seller's contact information is as follows:

GAÏANNE, SASU

Share capital of 2000 euros

Registered at the RCS of Nice, under the number 909 672 420

2345 Route de l'armée des Alpes, 06500 Sainte Agnès

Email : [email protected]

Intracommunity VAT number FR66909672420

The Products presented on the site www.gaianne-paris.com are offered for sale in the following territories: Europe and Switzerland.

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 excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.

The Products are supplied at the prices in force appearing on the site www.gaianne-paris.com, at the time of the recording of the order by the Salesman.

The prices are expressed in Euros, HT and TTC.

The prices take into account any discounts that may be granted by the Seller on the website www.gaianne-paris.com.

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

The prices do not include the costs of processing, shipping, transportation and delivery, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.

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

It is up to the Customer to select on the site www.gaianne-paris.com the Products he wishes to order, according to the following modalities:

The customer chooses the products he wants to add to his cart. He has the possibility, via the basket, to add/modify/delete each article. He can validate his order or return to the store.

Once arrived on the validation of the order, the customer must indicate his coordinates for his billing and delivery address. The customer can choose his country and his mode of delivery. The amount of the delivery charges will be updated automatically according to the choice of the customer.

To proceed with the payment, the customer must choose the method that suits him and check the box to accept the T&C.

The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.

The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the site www.gaianne-paris.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

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

The Customer will be able to follow the evolution of his order on the site.

Any cancellation of the order by the Customer after its acceptance by the Seller shall only be possible in exceptional cases if the order has not yet been prepared for shipment (irrespective of the provisions relating to the application or non-application of the legal right of withdrawal).

In order to place an order, the Customer is invited to create an account (personal space).

To do this, he must register by filling out the form that will be offered at the time of his order and agrees to provide true and accurate information about his civil status and contact information, including his email address.

The Customer is responsible for updating the information provided. It is specified to him that he can modify them by connecting to his account.

To access his personal space and order history, the Customer will have to identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. As such, the Customer shall refrain from disclosing them. Otherwise, he will remain solely responsible for the use that will be made of them.

The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: [email protected]. This will be effective within a reasonable time.

In case of non respect of the general conditions of sale and/or use, the site www.gaianne-paris.com will have the possibility of suspending or even closing the account of a customer after formal notice sent by electronic way and remained without effect.

Any deletion of an account, for whatever reason, will result in the deletion of all personal information of the Customer.

Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of
maintenance, does not engage the responsibility of the Seller.

The creation of an account implies the acceptance of the present general conditions of sale.

The price is paid by secure payment, according to the following methods:

• Payment by credit card (Visa, Mastercard, American Express)
• Payment by PayPal
• Payment via Apple Pay or Google Pay

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

The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment provider involved in the banking transactions carried out on the site www.gaianne-paris.com.

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

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

The Products ordered by the Customer will be delivered in Metropolitan France or in the following zones Europe and Switzerland

The deliveries intervene within 2 to 10 days according to the country of delivery to the address indicated by the Customer at the time of his order 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 when one or more Products are unavailable, the Products ordered will be delivered at once.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.

The products are delivered to the address indicated by the purchaser on the order form, the purchaser will have to take care of its exactitude. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the expense of the buyer.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).

The buyer must indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products ...).

This verification is considered to have been carried out as soon as the buyer, or a person authorized by him, has signed the delivery note.

If the ordered Products were not delivered within 20 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or withholding.

Deliveries are made by an independent carrier, to the address given by the Customer at the time of the order and to which the carrier will have easy access.

When the Customer has taken on the responsibility of hiring a carrier of his own choosing, delivery shall be deemed to have been made as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a particular request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.

The Customer is held to check the state of the delivered products. He has a period of 2 days maximum from the delivery to make claims by mail to [email protected], accompanied by all the related documents (photos in particular). After this period and in the absence of having respected these formalities, the Products will be deemed to be in conformity and free of any apparent defect and no complaint will be validly accepted by the Seller.

The Seller shall reimburse or replace, as soon as possible and at its own expense, the delivered Products whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration relating thereto shall only be made when the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

The purchaser shall file with the seller on the day of delivery or at the latest on the first working day following delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.

The claim can be made :

- by e-mail to the following address: [email protected].

Any complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the salesman from any responsibility towards the purchaser.

The transfer of ownership of the Products from the Seller to the Customer shall only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.

In accordance with article L221-18 of the French Consumer Code, the Customer has a period of 14 days to exercise his right of withdrawal from receipt of the Product ordered, for orders for a single Product.

How to exercise your right of withdrawal

If the Customer wishes to exercise this right, he must notify his decision to withdraw to the following address: [email protected], explicitly mentioning his wish to withdraw as well as his order number.

Time limit for returning the product after notification of withdrawal

After having informed the Vendor of his decision to withdraw, the Customer has 14 days to return the Products. This period begins on the day following communication of the decision to withdraw.

Return conditions

Returned Products must be in their original condition and complete, including packaging, labels, accessories and instructions, in order to guarantee their remarketing in new condition.

If no item is retained by the customer and one or more elements of the packaging are missing on return (such as the Gaïanne blue box and the bookmark/door hanger gift intact), a deduction will be applied to the refund of the order: 7€ for the Gaïanne blue box and 3€ for the bookmark/door hanger.

Products that are damaged, worn, soiled or incomplete will not be accepted for return. It is the Customer's responsibility to ensure that the Products are correctly packaged to avoid any damage during transport. The Customer remains responsible for the package and its contents until it is received by the Seller.

Return shipping costs

The cost of returning Products is borne by the Customer.

Refund

After verification of the returned Products, if the conditions mentioned above are met, the Vendor undertakes to refund the sums paid by the Customer within 14 days of receipt of the returned Products.

The Customer is informed that the collection of his personal data is necessary for the sale of the Products and their delivery, entrusted to the Seller. These personal data are collected only for the execution of the sales contract.

9.1 Collection of personal data

The personal data that are collected on the site www.gaianne-paris.com are the following:

Opening an account

When creating a customer/user account:

Civility, Names, first names, date of birth, postal address, telephone number and e-mail address.

Payment

Within the framework of the payment of the Products proposed on the www.gaianne-paris.com site, the banking information is not in the possession of the salesman. The transactions are entirely processed by PayPal or by the secure payment module of our partner STRIPE.

9.2 Recipients of personal data

The personal data is reserved for the sole use of the Seller and its employees.

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of the Regulation 2016/679 on the protection of personal data.

9.4 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.

9.5 Security and Privacy

Seller implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.6 Enforcement of Customer and User Rights

In application of the regulations applicable to personal data, customers and users of the site www.gaianne-paris.com have the following rights:

• They can update or delete their data in the following ways:

by sending an email to [email protected].

• They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".
• If the personal data held by the Seller are inaccurate, they can request the update of the information by writing to the address indicated in Article 9.3 "Controller".
• They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
• Finally, they may object to the processing of their data by the Seller

These rights, as long as they are not opposed to the purpose of the treatment, can be exercised by sending a request by mail or by E-mail to the person in charge of treatment whose coordinates are indicated above.

The data controller must provide a response within a maximum of one month.

In case of refusal to grant the Customer's request, reasons must be given.

The Customer is informed that in the event of refusal, he/she may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

The content of the site www.gaianne-paris.com 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 forbidden and is likely to constitute an infringement of copyright.

The present GTC and the operations which result from it are governed and subjected to the French law.

The present GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

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

The Customer is informed that he can in any case resort to a conventional mediation, with the existing sectorial mediation authorities or to any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.

The Customer is also informed that he can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All the litigations to which the operations of purchase and sale concluded in application of the present CGV and which would not have been the subject of an amicable settlement between the salesman or by mediation, will be subjected to the competent courts under the conditions of common law.