General terms and conditions of sale - Etrier Retail stores

ETRIER RETAIL SASU – Parc d'Activités de la Verte Rue, 52 Allée des Prêles, 59270 BAILLEUL – 098 678 360 RCS DUNKERQUE

Article 1: Scope of Application

1.1 These general terms and conditions of sale (hereinafter referred to as "General Terms and Conditions of Sale") are intended to govern all sales concluded between the company ETRIER RETAIL (hereinafter referred to as "ETRIER") and a consumer (hereinafter referred to as "the Buyer") who has purchased products offered for sale by ETRIER in store (hereinafter referred to as "the Products").

1.2 The act of purchasing in store implies the Buyer's unreserved acceptance and full and complete adherence to the General Terms and Conditions of Sale, which are available at the store's welcome desk or from the store's sales staff, upon request by the Buyer. As such, the Buyer declares having read and accepted the General Terms and Conditions of Sale prior to making a purchase in store. The fact that ETRIER does not apply any provision of the General Terms and Conditions of Sale at any given time cannot be interpreted as ETRIER waiving its right to subsequently rely on the General Terms and Conditions of Sale.

1.3 ETRIER reserves the right to modify or update the General Terms and Conditions of Sale. In the event of modification or update, the General Terms and Conditions of Sale applicable to the purchase made by the Buyer will be those in force on the date of that purchase.

1.4 The sales offer proposed by ETRIER in its stores is exclusively intended for customers who have the legal capacity to enter into contracts. The Buyer declares that they meet this condition.

Article 2: Prices – Payment Terms – Receipts

2.1 The price of Products displayed in store is indicated in Euros (€), inclusive of all taxes (VAT included). Products are sold to the Buyer at the price in force on the day the Buyer makes their in-store purchase.

2.2 The price of Products is payable in Euros (€).

2.3 The price of Products is payable in full on the day of the in-store purchase by the Buyer, according to the following terms:

• In cash, within the limit provided for by current regulations
• By bank card: GIE Carte Bleue (CB) cards only
• Payment in 3 interest-free instalments through an independent organisation

We do not accept bank cheques.

2.4 You have the option of joining our ETRIER loyalty customer database. Its use becomes effective immediately. The loyalty card entitles the holder to a 10% loyalty discount on the current transaction at every 4th visit to the checkout. The loyalty card is not valid on clearance sale items.

2.5 The Buyer guarantees to ETRIER that they have the necessary funds to pay for the Product. The Buyer also guarantees to ETRIER that they are fully authorised to use the payment method used to pay for their purchase and in particular that, when validating their purchase, they hold the necessary authorisations to use that payment method.

2.6 In application of Article L541-15-10 of the Environmental Code, the systematic printing and distribution of cash receipts and bank card receipts has been discontinued unless the customer expressly requests one. Consequently, receipts will be made available to you via a paperless solution as follows: by email. For this purpose and for this end, we collect personal data under the conditions specified in Article 7 – Personal Data.

Article 3: Products

3.1 Product characteristics. The Buyer is informed in store of the essential characteristics of the Products. The characteristics of the Products are those communicated by the manufacturer in the instructions for use or in any other document included with the Products.

3.2 Returns and exchanges. The Buyer has the option of exchanging a product in store within eight days of the in-store purchase or delivery in the case of an order, upon presentation of the original exchange receipt, provided that the returned item is in its original condition and original packaging. If an exchange is not possible, we will issue a store credit valid for six months in our stores, excluding sale periods. No refunds are possible.

3.3 Exceptions. Sale items, private sales, clearance items and outlet items are neither returned nor exchanged.

Article 4: Transfer of Risk and Ownership

4.1 The transfer of the risks of loss and deterioration relating to the products takes place at the moment the Buyer physically takes possession of the Products in store, the transfer of possession entailing the transfer of risks.

4.2 Independently of the moment of transfer of the risks attached to the Products as defined above, the transfer of ownership of the Products to the Buyer only takes place after full payment of the sale price of the Products by the Buyer.

Article 5: Product Guarantees

Every consumer benefits from guarantees concerning the conformity of the goods or service they purchase. These are the following guarantees:

• Legal guarantee of conformity of the goods with the contract (Articles L.211-1 to L.212-1 of the Consumer Code), where the action resulting from the lack of conformity is subject to a limitation period of two years from delivery of the goods (Article L.211-12). The legal guarantee of conformity applies if the defect existed at the date of purchase. The legal guarantee of conformity allows you to request the repair or replacement of the goods. If repair and replacement of the goods are impossible, you may return the goods and receive a refund (See: https://www.economie.gouv.fr/particuliers/garantie-legale-conformite↗ (new window)).
• Legal guarantee against hidden defects (Articles 1641 to 1649 of the Civil Code); the limitation period is 2 years from their discovery. ETRIER undertakes to take back, refund, or exchange any product found to have defects that become apparent after purchase, under the conditions and subject to the reservations provided for by the aforementioned provisions. A hidden defect is a defect that renders the purchased item unfit for the purpose for which it was intended. Thus, in order to invoke the guarantee against hidden defects, the defect in the item must:

• Be hidden, i.e. not apparent at the time of purchase: if an expert assessment or dismantling is required to discover the defect, it will be considered hidden
• Render the item unfit for the purpose for which it was intended, or significantly diminish its use
• Have existed at the time of purchase (See: https://www.economie.gouv.fr/particuliers/garantie-legale-vices-caches↗ (new window))

To invoke the legal guarantee, the Buyer is invited to contact their store or ETRIER's customer service.

• Some products benefit from a commercial guarantee, the duration of which is indicated on the product. To invoke this guarantee, the customer must keep the guarantee label that comes with the product as well as the receipt or any other document proving the date of purchase.

Each brand is free to apply its own guarantee conditions.

If ETRIER considers that the guarantee may apply, ETRIER undertakes to take back the item and forward it to the after-sales service for assessment. A decision on whether the guarantee will be applied will then be communicated to the customer.

The repair rate outside the guarantee period (VAT inclusive) is available on request from ETRIER.

Article 6: Force Majeure

ETRIER cannot be held liable for any failure, even partial, or delay in the performance of its contractual obligations resulting from the occurrence of a force majeure event as defined by Article 1218 of the Civil Code and by the case law of the French courts.

By way of exception to the above, ETRIER will not be liable either for failures or delays in the performance of its contractual obligations that are directly attributable to a regulatory or legislative act whose consequence would be the closure of ETRIER stores.

ETRIER will make its best efforts to inform you of the occurrence of a force majeure event, in particular via the ETRIER.EU website.

Article 7: Information – Contact – Complaints

For any information, request or complaint, the Buyer may contact ETRIER as follows:

• In store, from the sales team
• By recorded delivery letter with acknowledgement of receipt to the following address: ETRIER RETAIL SASU, PA de la Verte Rue, 52 Allée des Prêles, 59270 BAILLEUL, FRANCE
• By email: service-client@etrier.eu
• By phone at the following number: +33 (0)3.28.42.62.98 (cost of a local call from a landline in metropolitan France). This number is available Monday to Friday from 9:30am to 5pm, excluding public holidays in metropolitan France.

Article 8: Personal Data – Confidentiality

8.1 ETRIER undertakes to respect the confidentiality of personal data provided by the Buyer and to process it in compliance with the Data Protection Act No. 78-17 of 6 January 1978.

8.2 Personal information and data transmitted to ETRIER by the Buyer are subject to computer processing and may be used by ETRIER, its internal departments, its subcontractors, its commercial partners or its successors for:

• Processing, executing and managing purchases
• Processing information requests and/or complaints
• Informing the Buyer of upcoming sales and events
• Improving and personalising the services ETRIER offers to the Buyer and the information ETRIER sends them, in particular through prospecting activities, sending newsletters, organising competitions or special or promotional offers
• Internal statistical use within ETRIER
• Managing unpaid debts and disputes

This information and data is also retained for security purposes, in order to comply with ETRIER's legal and regulatory obligations.

ETRIER undertakes not to communicate information relating to the Buyer to third parties other than its successors, its commercial partners and its subcontractors responsible for managing, executing, processing, paying for and/or monitoring purchases. ETRIER may however be required to communicate this data in response to an injunction from legal authorities.

In accordance with the provisions of the Data Protection Act No. 78-17 of 6 January 1978, the Buyer has the right to access, modify, rectify and delete their personal data, as well as the right to refuse the collection of their personal data on legitimate grounds.

This right may be exercised at any time by the Buyer, who must provide proof of identity, by sending an email to: service-client@etrier.eu

8.3 Collection of personal data. When creating an account and placing orders, ETRIER collects personal data concerning the User. The data controller is the company ETRIER SASU, Parc de la Verte Rue, 52 Allée des Prêles, 59270 BAILLEUL, RCS No. 908 678 360. The term "personal data" refers to all data that allows an individual to be identified, which includes in particular first name, surname, telephone number, date of birth, email address, postal address and any other information the User chooses to provide to ETRIER about themselves. For the purposes of fraud prevention as referred to below, ETRIER may also retain information relating to transactions carried out on its site, including a truncated portion of the bank card numbers used to carry out said transactions and their expiry dates.

The Data Protection Officer is Jennifer Coze. The User may contact them at: service-client@etrier.eu

8.4 Processing. ETRIER carries out the following processing activities:

• Customer account, basket and order management
• Delivery management and order tracking
• Personalisation of the experience
• Provision of personalised advertising content
• Website improvement
• Customer service improvement and support needs
• Contact by email
• Collection of reviews
• Administration of competitions, promotions or surveys
• Newsletter distribution

The legal basis for this processing is our legitimate interest, namely the performance of the contract, compliance with legal obligations, our economic interest in communicating personalised offers to you, better understanding your needs and offering you tailored services. We use your email for sending a newsletter. The legal basis for this processing is your express consent. We collect your consent when you create your account in store.

8.5 Account creation, forms and questionnaires. When the User chooses to provide personal data, they expressly give their consent to the collection and use of this personal data in accordance with what is set out in this Policy and in the legislation in force. Optional information is collected by ETRIER to better understand customers.

8.6 Postal address and telephone number. The User's postal address and telephone number are necessary for processing and managing orders as well as for the commercial relationship between ETRIER and the User.

8.7 Recipients of collected data. ETRIER's policy is not to sell data concerning Users to third parties for commercial purposes. Only the companies comprising the Ad International group, Edisac, Edisac Belgium, ETRIER Retail and external companies contractually bound for site management or order processing have access to the information provided. The categories of people who will have access to personal data within ETRIER are, within the limits of their respective responsibilities, the commercial department, the administrative departments, the technical department and the departments responsible for oversight (statutory auditors, departments responsible for internal control procedures, etc.). Public bodies, exclusively to comply with legal obligations, legal auxiliaries, ministerial officers and bodies responsible for debt collection may also be recipients of personal data.

8.8 Personal data retention period. The data collected is retained for a period of five years from the last transaction or three years from the last update of the customer account, with the exception of truncated bank card numbers and their expiry dates, which are only retained for a period of six months for fraud prevention purposes.

8.9 Right of access, rectification and deletion. The User has the right to request access to personal data, rectification or erasure thereof, or restriction of processing, or to object to processing, and the right to data portability. The rights of rectification, erasure, restriction or objection do not apply to data necessary for the establishment, exercise or defence of legal claims. Please send your written request, accompanied by proof of identity, to the following address: ETRIER SASU, Parc de la Verte Rue, 52 Allée des Prêles, 59270 BAILLEUL, or contact the Customer Service by email at service-client@etrier.eu. The request will be processed within one month of receipt. The User has the right to lodge a complaint with a supervisory authority.

8.10 Security. ETRIER takes all reasonable precautions to preserve the security of your personal data and in particular to prevent it from being distorted, damaged or accessed by unauthorised third parties.

8.11 Amendment of this policy. ETRIER reserves the right to make changes to this privacy policy by making a new version available to Users on the website. This new version comes into force immediately by right. Each time the User uses the website, they are subject to this new privacy policy as it may have been amended. ETRIER encourages users to consult this page regularly in order to keep abreast of any changes.

Article 9: Applicable Law – Disputes

9.1 The General Terms and Conditions of Sale as well as the contractual relationship entered into between ETRIER and the Buyer are subject to French law.

9.2 In the event of a dispute, the Buyer has the option, before taking any legal action, of resorting free of charge to a conventional mediation procedure or any other alternative dispute resolution method in order to seek an amicable solution. The Buyer may in particular contact the consumer mediator. The outcome of the mediation will occur no later than 90 days from notification of the referral by the Mediator.

9.3 Any dispute that cannot be resolved amicably will fall under the exclusive jurisdiction of the French courts.

Article 10: Contact Us

• By post: ETRIER SASU, Parc de la Verte Rue, 52 Allée des Prêles, 59270 BAILLEUL, FRANCE
• By phone: +33 (0)3.28.42.62.98 – Open Monday to Friday from 9:30am to 5pm
• Via the website: Etrier.eu