GENERAL TERMS AND CONDITIONS OF SALE

Last updated: 13/10/2024

ARTICLE 1 — GENERAL PROVISIONS

These General Terms and Conditions of Sale (referred to as "GTCS") govern transactions carried out on the site of the Operator also called "Site Operator". These GTCS are permanently available on the site for consultation and can be provided to customers by various means upon their request.

For any order placed, acceptance of the GTCS is mandatory. The customer validates their acceptance by checking a specific box or clicking a dedicated button, thereby confirming that they have read and accepted the GTCS before finalizing their purchase.

Confirmation of the order by the buyer signifies their agreement with the GTCS in effect on the date of the order. The Operator commits to archiving and allowing the reproduction of these GTCS for future reference.

ARTICLE 2 — DESCRIPTION OF PRODUCTS

The site offers online sales of the following products: clothing referred to as "Product(s)". These products are available to any user, whether an individual or an entity, here called "Customer".

Each Product is presented with a detailed description either directly provided by the supplier or accessible via an external link to the manufacturer's site. This description highlights the essential characteristics of the product. It is important to note that product images on the site are not contractual. User manuals, if necessary, are available on the site or provided at the time of delivery. All commercialized Products comply with the legal standards in force in France.

The Customer assumes full responsibility for the conditions and consequences of their access to the site, including any costs imposed by third parties such as Internet service providers, which are their responsibility. It is also the Customer's responsibility to ensure they have the necessary equipment to access the site and that it is secure and suitable for the intended use. The Customer must ensure that their computer configuration does not pose a security risk and is capable of navigating the site.

ARTICLE 3 — ORDERS PLACED ON THE SITE

The Site Operator undertakes to ensure the availability of its products, but these are offered within the limits of available stocks. If a product ordered by the customer becomes unavailable after the order, despite the Operator's efforts, the latter will inform the customer by email as soon as possible.

The customer will then have the choice between two options:

• Receive a product of equivalent quality and price to the one originally ordered, or
• Obtain a refund of the amount of the ordered product, made no later than thirty (30) days after payment.

Apart from the refund of the unavailable product if the customer chooses this solution, the Operator is not required to pay any cancellation compensation.

Unless otherwise indicated in these GTCS and without affecting the right of withdrawal provided by current legislation, orders placed by the customer are considered firm and final.

ARTICLE 4 — PAYMENT TERMS

The Customer acknowledges that any order placed on the Site constitutes a financial commitment and that they must make a payment in return for the requested Product.

The Site Operator reserves the right to verify the authenticity of the payment before shipping the order by employing all necessary methods.

Regarding transactions, the Site Operator accepts the different payment solutions listed on the site.

ARTICLE 5 — PAYMENT OF THE PRICE

The price of the Products at the time of the order is presented in euros and is inclusive of all taxes (VAT) except for shipping and transport costs (unless otherwise indicated).

During a promotion, the Operator guarantees the application of the promotional rate to all orders placed during the announced promotional period.

Payment must be made in euros (€) only. The total amount becomes payable upon confirmation of the order. The displayed prices take into account any discounts and rebates that the Operator may offer. Additional shipping or transport costs, if applicable, will be added to the price of the Products and clearly specified before the Customer validates the order.

The total amount to be paid by the Customer, as well as the details of this amount, will be clearly indicated on the order confirmation page.

ARTICLE 6 — FORMATION OF THE CONTRACT

The contract between the Site Operator and the Customer is established as soon as the Customer sends the order confirmation. This confirmation is made through a "double-click" process: the Customer selects their products, reviews them in their cart, accepts the general terms of sale (GTCS), and proceeds with payment by entering their banking information.

This "double-click" process constitutes an electronic signature that has the same legal value as a handwritten signature and definitively seals the Customer's order.

The Site Operator undertakes to securely store order records and invoices, serving as reliable proof of the contract. Unless proven otherwise, these records are recognized as valid proof of transactions between the Site Operator and its Customers.

The Customer has the right to cancel their order in writing for reasons such as product non-conformity, significant delivery delays, or an unjustified price increase, and may then claim a refund of their deposit with interest. On the other hand, the Site Operator may cancel the order if the Customer refuses delivery or fails to complete payment upon delivery.

ARTICLE 7 — RETENTION OF TITLE

The Site Operator remains the exclusive owner of the Products ordered on the Site until full payment of the price, including any shipping costs, is received.

ARTICLE 8 — SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, for deliveries within these same geographic areas.

Delivery is understood as the transfer to the Customer of physical possession or control of the Product.

Shipping costs are those specified at the time of order finalization and are accepted by the order validation.

The Operator undertakes to deliver the Products within a maximum period of thirty (30) days after receipt of the order, in accordance with the delivery deadline indicated on the Site for each Product.

Delivery times are announced in business days on the Site at the time of order. These times include the preparation and shipment of the order as well as the time provided by the carrier.

The Operator undertakes to ship the Products in accordance with the announced times for each Product page and at the cart level, provided that the order payment has not been previously refused.

However, if one or more Products could not be delivered within the initially announced time, the Operator will send an email to the Customer indicating the new delivery date.

The Products will be delivered to the address provided by the Customer during the order. It is the Customer's responsibility to ensure that this address contains no errors. The Operator's responsibility cannot be engaged if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

Upon delivery, a receipt may be requested to be signed.

Upon delivery, it is the Customer's responsibility to verify that the delivered Products conform to their order and that the package is sealed and undamaged. If not, the Customer must indicate this on the delivery slip. No claims regarding the quantity or condition of the Product will be accepted if the claim was not noted on the delivery slip.

ARTICLE 9 — RIGHT OF WITHDRAWAL

If a delivered Product does not fully satisfy the Customer, they may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with Article L.221-21 of the Consumer Code, and to exercise this right of withdrawal under the conditions of Articles L.221-18 and following of the Consumer Code, the Customer is invited to complete the following standard withdrawal form:

Letter to be sent by registered mail with acknowledgment of receipt:

• First and last name of the consumer
• Their address
• Postal code - City
• Recipient: First and last name of the professional seller
• Recipient's address (seller)
• Postal code - City
• At ... on ... (date of the letter)
• Dear Sir/Madam,
• On ... (indicate the date on the order form) I ordered ... (designation of the object: for example, the DVD collection, the armchair...) that you delivered (or that I received) on ... (date).
• In accordance with Article L.221-18 of the Consumer Code, I exercise my right of withdrawal.
• Therefore, I kindly ask you to refund me as soon as possible and at the latest within 14 days following receipt of this letter, the amount of ... euros that I paid for my order, in accordance with the provisions of Article L.221-24 of the Consumer Code.
• Please find enclosed (indicate the returned object) that I am returning to you.
• Sincerely,
• Signature

The Operator will send an acknowledgment of receipt of the Customer's withdrawal request by email.

If applicable, the Customer can exercise their right of withdrawal by notifying the following information to the Operator:

• name, geographical address, phone number, and email address;
• decision to withdraw through an unambiguous statement (for example, a letter sent by post, fax, or email, provided these details are available and thus appear on the standard withdrawal form). The Customer can use the withdrawal form template, but it is not mandatory.

Return costs are the responsibility Consumer.

The exceptions of Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, particularly if the order consists of a contract:

• for the supply of services fully executed before the end of the withdrawal period and whose execution began after the consumer's prior express consent and express waiver of their right of withdrawal;
• for the supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and which may occur during the withdrawal period;
• for the supply of goods made to the consumer's specifications or clearly personalized;
• for the supply of goods likely to deteriorate or expire rapidly;
• for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
• for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• for the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
• for maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limits of spare parts and work strictly necessary to meet the emergency;
• for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• for the supply of a newspaper, periodical, or magazine, except for subscription contracts to these publications;
• concluded at a public auction;
• for the provision of accommodation services other than residential accommodation, goods transport services, car rental, catering, or leisure activities to be provided on a specific date or period;
• for the supply of digital content not provided on a tangible medium whose execution began after the consumer's prior express consent and express waiver of their right of withdrawal.

The returned Product must be in its original packaging, in perfect condition for resale, unused, and with all accessories.

In addition to the returned Product, the return package must also contain a letter specifying the Customer's exact (first and last name, address) and complete contact details, as well as the order number and the original purchase invoice.

The Operator will refund the Customer the amount of the Product within fourteen (14) days from the receipt of the Product and all elements required to implement the Customer's refund. This refund may be made using the same payment method employed by the Customer. In this regard, the Customer who paid their order using credits/gift vouchers may be refunded using credits/gift vouchers according to the Operator's preference.

By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal conditions.

ARTICLE 10 — CUSTOMER SERVICE

The Customer can contact the Operator's customer service:

• at the following number 4385435589 on the following days and hours monday to friday 9am to 5pm.
• by email at apexcorus@gmail.com, providing their name, phone number, the subject of their request, and the order number concerned.

ARTICLE 11 — INTELLECTUAL PROPERTY AND SITE USAGE LICENSE

The Operator is the sole owner of all elements present on the Site, including, but not limited to, all texts, files, animated or non-animated images, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, site structure, and all other elements of intellectual property and other data or information (hereinafter referred to as "Elements") which are protected by French and international laws and regulations relating in particular to intellectual property.

As a result, none of the Site's Elements may, in whole or in part, be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented, or exploited in any other way, whether free or for a fee, by a Customer or a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express and written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and/or exploitation.

Moreover, it is specified that the Operator is not the owner of the content posted online by the Customers, for which they remain fully responsible and indemnify the Company against any claims in this regard. Customers grant the Operator a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use the intellectual property content they publish on the Site for the entire duration of the protection of these contents.

The Operator reserves the right to take any legal action against individuals who do not comply with the prohibitions contained in this article.

ARTICLE 12 — LIABILITY AND LEGAL WARRANTY OF CONFORMITY

12.1 Liability

The Operator cannot be held responsible for the non-performance of the contract due to the Customer or a force majeure event as defined by the competent courts, or due to the unforeseeable and insurmountable act of any third party to these terms.

The Operator cannot be held responsible for information imported, stored, and/or published on the Site by the Customers. The Operator cannot be held responsible for any information published by a Customer on the Site and the direct or indirect damages this use may cause to a third party, with the Customer who published it being solely responsible in this regard.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability, and integrity of data transmissions on the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to change their content and/or presentation.

The Operator cannot be held responsible for the use of the Site and its services by Customers in violation of these General Terms and Conditions and the direct or indirect damages this use may cause to a Customer or a third party. In particular, the Operator cannot be held responsible for false statements made by a Customer and their behavior towards third parties. If the Operator's liability were sought due to such behavior by one of its Customers, the latter undertakes to indemnify the Operator against any condemnation pronounced against it and to reimburse the Operator for all fees, including attorney fees, incurred in its defense.

The Customer is solely responsible for all the content they put online on the Site, which they expressly declare to hold all the rights to, and guarantees the Operator that they do not put online content that violates third-party rights, in particular, intellectual property rights, or constitutes an infringement on individuals (including defamation, insults, abuse, etc.), respect for privacy, public order, and good morals (including the promotion of crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of an infringement of current laws, good morals, or these General Terms and Conditions, the Operator may automatically exclude Customers who have committed such offenses and delete information and references to this contentious content. The Operator is considered a host concerning the content posted online by third parties. As such, it is recalled that the Operator has no general obligation to monitor the content transmitted or stored via the Site. If the Operator's liability were sought due to content posted online by the Customer, the latter undertakes to indemnify the Operator against any condemnation pronounced against it and to reimburse the Operator for all fees, including attorney fees, incurred in its defense.

In addition to any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal warranty of conformity provided for in Articles L.217-4 and following of the Consumer Code (including L.217-4 to L.217-14 of the Consumer Code) and the warranty against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

12.2 Legal warranty of conformity

When you act within the framework of the legal warranty of conformity (if the product(s) are subject to it):

• you benefit from a period of two (2) years from the delivery of the good to act;
• you can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
• you are exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four (24) months following the delivery of the good (except for second-hand goods).

12.3 Return procedure

Return procedure: After notification, the Customer will receive return instructions, including the address to which the product must be returned. The products must be returned in their original packaging, complete (accessories, instructions, etc.), and accompanied, if possible, by a copy of the purchase invoice (which can be sent by email).

Return costs: Except in the case of a defective product or proven non-conformity, return costs are the responsibility of the Customer. If the product is recognized as defective or non-compliant by the Operator, all return costs will be reimbursed to the Customer.

Return processing: Upon receipt of the returned products, the Operator undertakes to quickly examine the products and inform the Customer of the handling of the return. If the return is validated, the Operator will proceed with the exchange of the product or the reimbursement of the amounts paid, according to the Customer's wish, within 30 days. This period may be extended if further investigations are necessary.

Exceptions: Except in the case of a defective product or proven non-conformity, products returned incomplete or damaged by the Customer will not be accepted. The Operator reserves the right to refuse the return if the mentioned conditions are not met.

12.4 Warranty against hidden defects

You can decide to implement the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Reproduction of Articles L.217-4, L.217-5, L.217-7, L.217-9, and L.217-12 of the Consumer Code, Article 1641, 1644, and the first paragraph of Article 1648 of the Civil Code as in force on the date of these General Terms and Conditions:

Art. L.217—4 of the Consumer Code: "The seller delivers a good in conformity with the contract and is responsible for conformity defects existing at the time of delivery. They are also responsible for conformity defects resulting from packaging, assembly instructions, or installation when this has been their responsibility under the contract or has been carried out under their responsibility."

Art. L.217—5 of the Consumer Code: "The good is in conformity with the contract:

1. If it is suitable for the use usually expected of a similar good and, where applicable:
2. if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer as a sample or model;
3. if it presents the qualities that a buyer can legitimately expect, given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

1. Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

Art. L.217—7 of the Consumer Code: "Conformity defects that appear within twenty-four months of the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise.

• For second-hand goods, this period is set at six months.
• The seller can rebut this presumption if it is not compatible with the nature of the good or the claimed lack of conformity."

Art. L.217—9 of the Consumer Code: "In the event of a lack of conformity, the buyer chooses between the repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other option, considering the value of the good or the significance of the defect. They are then obliged to proceed, unless impossible, according to the option not chosen by the buyer."

Art. L.217—12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."

Art. 1641 of the Civil Code: "The seller is liable for hidden defects in the item sold that make it unsuitable for the use for which it was intended or that so diminish this use that the buyer would not have acquired it or would have given only a lower price if they had known about them."

Art. 1644 of the Civil Code: "In the cases of Articles 1641 and 1643, the buyer has the choice of returning the item and getting a refund of the price, or keeping the item and getting a partial refund of the price."

Art. 1648, first paragraph of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."

It is recalled that the search for an amicable solution before a possible legal action does not interrupt the time limits for the legal guarantees or the duration of any possible contractual guarantee.

ARTICLE 13 — PERSONAL DATA

For more information on the use of personal data by the Operator, please read the Privacy Policy carefully (the "Privacy Policy"). You can consult this Privacy Policy on the Site at any time.

ARTICLE 14 — HYPERTEXT LINKS

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer to facilitate the use of the available resources on the Internet. If the Customer uses these links, they will leave the Site and accept to use the third-party sites at their own risk or, where applicable, in accordance with the conditions governing them.

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or content applicable to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way for the hypertext links.

Moreover, the Customer acknowledges that the Operator cannot endorse, guarantee, or assume any part of the terms of use and/or content of these third-party sites.

The Site may also contain hypertext links and/or promotional banners referring to third-party sites not published by the Operator.

The Operator invites the Customer to report any hypertext link present on the Site that would allow access to a third-party site offering content contrary to laws and/or good morals.

The Customer may not use and/or insert a hypertext link pointing to the site without the prior written agreement of the Operator on a case-by-case basis.

ARTICLE 15 — REFERENCES

Unless expressly stated otherwise, the Customer authorizes the Operator to mention the Customer's first and last name in its communication materials (displaying reviews on the website, etc.).

ARTICLE 16 — GENERAL PROVISIONS

ENTIRE AGREEMENT

These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator concerning their purpose. If one or more provisions of these General Terms and Conditions were declared null and void in application of a law, regulation, or following a final decision of a competent court, the other provisions will retain their full force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not take advantage of a breach by the other party of any of the provisions of these General Terms and Conditions cannot be interpreted as a waiver of the right to take advantage of such a breach in the future.

REVIEW PROCEDURE

Verification objective: The Operator is committed to maintaining the integrity and authenticity of the reviews published on its site. This procedure aims to verify the veracity and relevance of reviews submitted by Customers to provide reliable and transparent information to future buyers.

Publication criteria: All reviews submitted by Customers will be evaluated before publication. The criteria include the relevance of the comment regarding the product, the absence of inappropriate, discriminatory, or offensive language, and compliance with legal and ethical guidelines in force.

Verification method:

1. Purchase verification: Only Customers who have made a verified purchase can submit a review. The Operator verifies that each review is associated with a real purchase on the site.
2. Moderation by the team: Reviews are moderated by the Operator to ensure that contributions meet the established criteria. The Operator may contact the author of the review to request clarifications or additional evidence if necessary.

Right of reply: The Operator reserves the right to respond to any published review to clarify a situation or correct inaccurate information. The right of reply is exercised respectfully and constructively.

Refusal and removal of reviews: Reviews that do not meet the publication criteria may be refused or removed after publication if new information indicates that a review no longer complies with verification standards.

Transparency: The Operator is committed to maintaining transparency by displaying all reviews, whether positive or negative, provided they meet the publication criteria.

This procedure allows both the Customers' interests and the Operator's integrity to be protected by ensuring that only reliable and authentic reviews influence the reputation of the offered products.

BLOCTEL

The Customer has the option to subscribe to the Bloctel services to avoid being solicited by the Operator once the sales contract is completed (order received). To do so, they must visit the following site: https://www.bloctel.gouv.fr/

MODIFICATION OF TERMS

The Operator reserves the right to modify the content of the Site or the services available at any time and without notice and/or to temporarily or permanently cease operating all or part of the Site.

Furthermore, the Operator reserves the right to modify the location of the Site on the Internet and these General Terms and Conditions at any time and without notice. Therefore, the Customer is required to refer to these General Terms and Conditions before each use of the Site.

The Customer acknowledges that the Operator cannot be held responsible in any way for these modifications, suspensions, or cessations.

The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and sustainable storage and to be able to refer to them at any time during the contract execution if necessary.

COMPLAINTS — MEDIATION

In case of a dispute, you must first contact the company's customer service at the following contact details: apexcorus@gmail.com 4385435589.

If the complaint request to customer service fails or if there is no response from this service within ten (10) days, the Customer can submit the dispute relating to the order or these GTCS against the Operator to the following mediator:

cm2c.

The mediator will attempt to bring the parties closer together independently and impartially to reach an amicable solution. The parties remain free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.

The customer is also informed that they can use the Online Dispute Resolution (ODR) platform. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

APPLICABLE LAW

These General Terms and Conditions are governed, interpreted, and applied in accordance with French law.

ACCEPTANCE OF GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Terms and Conditions.

By registering on the Site, the Customer confirms having read and accepted the General Terms and Conditions, binding them contractually by the terms of these General Terms and Conditions.

The General Terms and Conditions applicable to the Customer are those available on the order date, a dated copy of which can be provided to the Customer upon request. Therefore, it is specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order placed before unless expressly agreed by the Customer who placed a given order.