1. PARTIES

One: PKLN FRANCE SAS (hereinafter “Pikolinos”), a French company registered at R.C.S CRÉTEIL with number 917742447 (registration date 22/07/2022), holder of VAT number FR14917742447 and domiciled at 1 bis Rue Véron, 94140 Alfortville (France), which email addressis info@pikolinos.com, and on-line Client service telephone number [0 800 919 352]; andTwo: the , Client or user (“you”, “your” or “Client”), understood to mean any user in accordance with the provisions of the General Conditions of Use the Specific Registration Conditions, of legal age, who accesses www.pikolinos.com (hereinafter the ‘Website’) and completes the procedure therein, including acceptance of these Terms and Conditions, to acquire one or more products (hereafter the “Products” or individually the “Product”) from the catalogue.

2. PURPOSE

The purpose of these Terms and Conditions is to govern purchase by you of any of the Products provided by Pikolinos on the Website in exchange for the appropriate monetary consideration according to the provisions of Stipulation 5 below.

3. THE PRODUCTS

The Products sold on the Website are accompanied by a description of their essential characteristics, which you are invited to review prior to placing an order. It is specified that the visual representation of the Products has no contractual value. However, Pikolinos makes its best efforts to ensure that the visual representations of the Products are as accurate as possible.

4. THE PURCHASING PROCESS

4.1. How to place an order

The purchase process is simple and can be done on the Website itself. To make a purchase on the Website, all you have to do is browse the Product catalogue and add the Products that interest you to your shopping cart, specifying the quantity and the sizes you want. If there are no size options, please select the only size available.

Once you have selected the Products you wish to buy:

• Click on the shopping cart and select “Purchase”. You can modify your order at this point by simply adding Products to the cart or removing them.

• You will be asked to review the information displayed on the screen, add any missing information and select the means of payment. You will be able to choose from the following means of payment:

1. Discover, Diners, American Express, Mastercard and Visa debit and credit cards. In this case you shall provide us with information about your card for the sole purpose of processing the payment.

2. Paypal: for further information visit https://www.paypal.com

3. Klarna: Klarna: we offer you the possibility, through Klarna, to pay in three interest-free installments. For more information visit www.klarna.com

• After reviewing the Products in your cart to avoid mistakes, you validate your order.

• Any order placed on the Website constitutes acceptance by you of the prices and the description of the Products covered by said order and available for sale. Pikolinos undertakes to fulfill the orders within the limits of available stock.

• In the event that one or more of the ordered Products is unavailable, Pikolinos undertakes to inform you as soon as possible. Your order will be automatically cancelled with respect to the unavailable Products, and the corresponding amount will be refunded to you as soon as possible and no later than 14 days from the date of payment of the sums corresponding to the price of the unavailable Products.

• Before proceed with payment you shall read and accept these General Terms and Conditions of Purchase by indicating their acceptance after having reviewed them, by ticking the corresponding checkbox.

• You will proceed with payment by the means you have selected in order to complete the purchase.

• The final confirmation button must clearly display the following text: “Order with obligation to pay”.

The Client wishing to place an order is required to create a Client account following the Specific Registration Conditions provided in the General Terms of Use . However, if the Client already holds a Client account, he/she may log in to the Website, which will allow for the automatic entry of his/her personal information.

• The Client can choose any of the Pikolinos stores in the same country or region in which the purchase was made, enabled to collect orders. In this link you can find all the points of sale enabled with the “Click&Collect” option. In this case, the shipment will be made at no additional cost, provided that the purchase is over 50 €.

• The Client may choose to have the Products subject to the order delivered to his home by providing the necessary information regarding the address to which the Products are to be delivered.

• Pikolinos will send a message confirming your order and confirmation of the associated payment (if any). The purchase confirmation email will be accompanied by an electronic receipt containing the details of the transaction: prices of the purchased Product(s), applicable taxes and shipping costs (if any).

You expressly agree to accept a digital invoice, although you can indicate your desire to receive a printed at any time by sending an email to: info@pikolinos.com. In this event we will send you a printed invoice at no extra cost.

• You will receive your purchase in the delivery time indicated on the Website.

• If you choose a Pikolinos store to collect your order and, for reasons not attributable to us it has not been picked up within fifteen (15) days from the date on which it was available for collection, we will assume that you wish to cancel the contract and we will consider it terminated. As a consequence of termination of the contract we will return all payments made — including shipping costs — once the returned Product has been received in our Logistic Centre.

4.2. Technical means to correct errors

If you discover there has been an error in entering your shipping and/or billing address when placing your order, you can change it under “My Account”, in the “My Orders” section, as long as it is still logistically possible to apply the change. This option is available until we start preparing your order. When we start depends on how many orders we have to prepare.

Changing your order may affect the delivery date. You can check the updated delivery date after making changes in the “My Orders” section.

This option is not available for orders to be delivered to a Pikolinos shop with the “Click&Collect” option, only if you have chosen home delivery. Any change in the shipping address may affect the delivery date.

5. PRICES, SHIPPING AND DELIVERY

The Products are provided at the prices in effect as displayed on the Website at the time your order is registered by Pikolinos. Prices are expressed in Euros, both excluding and including taxes (VAT) and any other applicable taxes. Nevertheless, tax-related information is subject to changes as a consequence of changes in the taxes themselves.

Pikolinos reserves the right to modify prices at any time, except during the period between when a Client accesses the Website and when the Client completes a transaction, provided that their session has not expired..Prices do not include processing, shipping, transport, and delivery fees, which may be charged in addition, as specified on the Website and as detailed hereafter. Transport and delivery of your purchases is free for orders in excess of € 50.

The express shipping option always entails an additional cost, regardless of the total amount of the order. This cost will be clearly indicated during the purchase process and must be fully borne by the Client.

The Website may include promotions, discounts, free numbers, etc. The respective windows will inform you of these aspects and of any conditions that may apply to your use of the same.

We will send your purchases within the delivery period displayed on the Website except in the event of special circumstances deriving from customization of the Product or event of force majeure (understood as an unpredictable extraordinary circumstance) and always within thirty (30) days counting from confirmation of the order with Article L216-1 of the French Consumer Code.

6. ACCEPTANCE OF THE GENERAL PURCHASING TERMS AND CONDITIONS

When you place an order entirely through www.pikolinos.com, you must read the purchasing conditions and expressly accept them by clicking on the check box — the default status of which is unchecked — at the end of the purchasing process.

7. RIGHT OF CANCELLATION

7.1 Legal Right of Withdrawal

As a consumer and in accordance with Article L221-18 of the French Consumer Code, you have a period of 14 days to exercise your right of withdrawal without having to provide any justification. This withdrawal period expires 14 days after the date on which you, or a third party other than the carrier and designated by you, takes physical possession of the Products.

In the case of multiple Products ordered in a single Order but delivered separately, the withdrawal period expires 14 days after the date on which you, or a third party other than the carrier and designated by you, takes physical possession of the last Product delivered.

In order to exercise your right of withdrawal, you must notify Pikolinos as follows:

a) Go to any physical Pikolinos store with the “Click&Collect” option. Find your nearest store here and take your order number and your ID card with you so that they can take care of the return process. Don't forget that you can only return your order in the same country where you purchased it.

b) By email to info@pikolinos.com or by postal mail to: 1 bis Rue Véron, 94140 Alfortville, (France) You will find hereafter the form to send to Pikolinos as indicated above:Withdrawl fo

c) By using the pre-established forms on the Website:

You can use your access data to go to the private area and click on “My Orders”. Select the order that contains the Product you wish to return, select the article and click on RETURN. Pikolinos will send you an email confirming that we have received your intention to return the Products and explaining the remaining steps.

Otherwise, you can locate the order at https://www.pikolinos.com/fr-en/localizar-pedido using the email address you used when making the purchase and the order number that we sent you in the order confirmation email. Click on the article in question when the order is displayed and select RETURN. Pikolinos will send you an email confirming that we have received your intention to return the products and explaining the remaining steps.

If you use the forms provided on this Website to request a return, you will receive an email from Pikolinos containing a return locator. You must notify the Post Office of this alphanumeric code to enable them to print the return label that has been recorded in their system. You do not need to print out the whole email: showing the full code itself at the Post Office is sufficient.

If you decide to exercise your right of withdrawal, we will reimburse you all amounts paid, including delivery charges (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), as soon as possible and in any event within 14 days from the day we are informed of your decision to withdraw.

There is no charge for return made within the framework of the statutory right of withdrawal.

Using one of the above options, you must return the Products in question within fourteen (14) calendar days counting from the date on which you notified us of your desire to return the article or articles.

The refund will be made using the same payment method you used for the initial transaction. In all cases, this refund will not incur any costs to you. Notwithstanding the foregoing, we may withhold the refund until we have received the returned Products or you have provided proof of their return, whichever date is earlier.

7.2 Contractual right of cancellation

Pikolinos provides for the option of cancelling a purchase contract within thirty (30) calendar days from receipt of the order, without having to give a reason, provided that the Product has not been used or damaged. In the case of an order that includes several Products to be delivered separately, the return period shall begin on the date of actual receipt of the last Product in the order.

If you wish to exercise your right of cancellation you must notify us by sending a clear and concise statement to that effect through one of the following channels:

a) Go to any physical Pikolinos store with the “Click&Collect” option. Find your nearest store here and take your order number and your ID card with you so that they can take care of the return process. Don't forget that you can only return your order in the same country where you purchased it.

b) By email to info@pikolinos.com or by postal mail to: 1 bis Rue Véron, 94140 Alfortville, (France). You will find hereafter the form to send to Pikolinos as indicated above:

c) By using the pre-established forms on the Website:

a. If you are registered on the Website, i.e. you have an account, use your access data to go to the private area and click on “My Orders”. Select the order that contains the Product you wish to return, select the article and click on RETURN. Pikolinos will send you an email confirming that we have received your intention to return the Products and explaining the remaining steps.

b. Otherwise, you can locate the order at https://www.pikolinos.com/fr-en/localizar-pedido using the email address you used when making the purchase and the order number that we sent you in the order confirmation email. Click on the article in question when the order is displayed and select RETURN. Pikolinos will send you an email confirming that we have received your intention to return the products and explaining the remaining steps.

If you use the forms provided on this Website to request a return, you will receive an email from Pikolinos containing a return locator. You must notify the Post Office of this alphanumeric code to enable them to print the return label that has been recorded in their system. You do not need to print out the whole email: showing the full code itself at the Post Office is sufficient.

There is no charge for returns.

Using one of the above options, you must return the Products in question within fourteen (14) calendar days counting from the date on which you notified us of your desire to return the Product or Products.

- Consequences of cancellation

(i) Exercise of legal right of withdrawal

In the event of total cancellation within fourteen (14) calendar days after receipt of the last Product, we will refund all payments received after the purchase, including delivery costs, without undue delay and always within 14 calendar days from the date on which we were notified of your decision to cancel. The only payment we will not refund is any additional cost resulting from your choice of a different means of delivery from the least expensive ordinary delivery method that we provide. We may retain the refund until we have received the goods or until you send us documentary proof of return, whichever happens first.

(ii) Partial withdrawal or return after 14 calendar days

In the event that the Client chooses to keep part of the Products and, therefore, make a partial exercise of his/her withdrawal right, or make the return after fourteen (14) calendar days but within the total period of thirty (30) days, only the amount corresponding to the returned Products will be refunded. Shipping costs will not be refunded in these cases. In the event of partial exercise of the legal right of withdrawal, where delivery costs were not charged as a flat rate, the portion of the shipping cost corresponding to the Products subject to withdrawal shall be refunded to the Client.

The Client shall only be responsible for impairment of the value of the returned Products if they have clearly been handled in excess of what would be required to unpack them and establish their nature, size, features or function.

The Products must be returned in identical conditions to those in which they were delivered, including all their containers and wrappings.

All amounts reimbursed shall be paid by the same means of payment as was used to make the purchase.

- Further information

You are expressly informed that the return period indicated above could be extended to sixty (60) days at sale time or during special promotions. In these cases, you will be notified on the Website with the exact start and end dates of the extended return period of 60 days.

Please keep in mind that the shipping costs in case of return after fourteen (14) calendar days will not be refunded and are the responsibility of the buyer.

- Right to cancel orders

In addition to the right of withdrawal, Pikolinos offers Clients the chance to cancel orders as long as it is still logistically possible. This option is available until we start preparing your order. When we start depends on how many orders we have to prepare.

When it is available, you’ll see the option to cancel your order under “My Account” > “My orders”. Orders must be cancelled in full; it is not possible to cancel only some of the Products in an order. After being cancelled, the order cannot be reactivated. You would have to place a new order through our Website. If you used a promotional code or discount voucher for the order cancelled, it will be lost and you will not be able to use it again to place another order.

8. Advantages of Smiling Community Membership

The Smiling Community comes into force on the date on which these terms and conditions are published on the Website and shall remain in force indefinitely. Notwithstanding the foregoing, given that the advantages of Smiling Community membership are benefits and/or special features voluntarily granted by PIKOLINOS to Club members, Pikolinos reserves the right to modify these terms and conditions at any time. In this case, Pikolinos shall inform Club members in advance through the communication channels provided for such purpose (email, Website, etc.).

The modification or cancellation of any or some of the conditions of the Smiling Community shall not entitle the Club member to any indemnity or compensation whatsoever.

Pikolinos reserves the right to verify the identity of any Smiling Community member at any time.

8.1. Club Membership

You can become a member of the Smiling Community by simply subscribing to our Newsletter. Thus, all users who subscribe to the Newsletter and fill in the necessary information (marked with an asterisk) shall be considered members of the Smiling Community and shall enjoy all the advantages associated with it.

Section 8.2 describes all the advantages and special features associated with Smiling Community membership. For all matters not covered in the special features listed in section 7.2, the provisions of the other sections of these general terms and conditions of purchase shall apply.

8.2. Advantages and Special Features of the Smiling Community

8.2.1. Right to Withdrawal

Pikolinos offers the possibility for Smiling Community members to withdraw from their purchase within a period of sixty (60) calendar days following receival of the order, without the need for justification, provided that the Product has not been used or damaged.

This advantage shall apply as long as the user fulfils the requirement of belonging to the Smiling Community prior to making the purchase.

8.2.2. Birthday Treat

Given that you must provide your date of birth to join the Smiling Community, Pikolinos shall send you a birthday greeting via the email address provided by the Smiling Community member, which shall include a 5% discount off purchases at PIKOLINOS, valid for 30 days.

For more information on how we process your personal data, please see our Privacy Policy.

8.2.3. Early Access to Offers and Promotions

All Smiling Community members shall be granted early access to any commercial promotions that PIKOLINOS publishes on its Website and communicates privately to Smiling Community members by email.

8.2.4. Welcome Discount

Users who join the Smiling Community will get a “Welcome Discount”. The discount will be valid for their first 10 days as a member. It can only be used once (it’s a welcome deal) and can be used with other discounts and/or promotions but not with other coupons. The discount can be used on orders of € 50 or more.

8.2.5. Special Draws

Smiling Community members may participate in specific draws that shall be announced and published on the Website. Simply being a member of the Smiling Community entitles you to participate in these competitions, although the specific terms and conditions and requirements of each competition shall apply to your participation in them. Special draws shall be advertised and published appropriately on the Website, detailing the specific characteristics of such draws.

8.2.6. Cleaning Products gift

Members of the Smiling Community have the right to receive Pikolinos cleaning Products for free, specified as follows:

- For the purposes of this perk, cleaning Products means: Cleansing cream or sponge.

- This perk is associated with purchases of Pikolinos Products and may only be exercised by subscribing Clients with purchases in the year 2025, only when they expressly request it, with no more than one cleaning product per year per Client.

- Valid only for Clients of Pikolinos physical and online shops.

9. Size exchanges

In cases where you find that the size of the purchased Product does not meet your needs (and without prejudice to the right of withdrawal that applies to you), you are offered the possibility of exchanging size within the period of thirty (30) calendar days from receipt of your order, without need for justification.

At Pikolinos we only accept size exchanges, if you want to replace the Product with another design or colour, you must return the Product and place a new order. To exchange a Product purchased on the Pikolinos web site you need to access your user account and select the Product you want to exchange. Click here to access “My Account”.

In the “My Orders” section in “My Account”, you can select the Product you want to exchange by clicking on EXCHANGE SIZE. Once you have requested the size exchange, select the new size you need, confirm your shipping details and continue to follow the instructions for processing the size exchange.

Once you have requested the size exchange and selected the shipping method, you need to send the Product via the Post Office following the instructions detailed in the exchanges and returns section of this Website.

As soon as we receive your returned Product, we will start the process of sending you the new size.

To exchange an Product, it is important that the returned Product is in the same condition as when it was received. As soon as we receive the package with your Product, we will check its condition and we will process the size exchange. If the size in question is not available, we will refund the amount of the Product.

If we do not receive the return within a maximum of 30 days from the exchange request, Pikolinos will cancel the stock reservation of the new size and the exchange request will be deleted.

Remember that all exchanges for Products purchased online must be processed through the Pikolinos Website. At the moment it is not possible to change the size of Products purchased on the Pikolinos Website at physical points of sale..

10. Obligations of the parties

10.1. Pikolinos’ obligations

Pursuant to these Terms and Conditions, Pikolinos undertakes to:

• Do everything in our power to take the steps required to ensure that Clients receive their orders as soon as possible.

• Provide the Client with the documentation required to take delivery of the order.

• Comply with all other obligations set forth in these Terms and Conditions or in any other applicable conditions.

10.2. Client’s obligations

By accepting these Terms and Conditions, the Client agrees to:

• Pay the amounts associated with the purchase in due time and form including all fees, taxes and any other costs specified during the purchase process. Failure to pay the price of the selected Products in the final step of the purchase process shall exempt Pikolinos from any obligation whatsoever to provide and deliver the Products.

• Submit only true and accurate data when asked to provide information during the purchasing process.

• Assume the responsibility for failing to meet the requirements specified by Pikolinos to place orders or for not possessing the documentation required to make purchases on-line.

• Comply with any other obligations set forth in these Terms and Conditions or in any other conditions that may be applicable such as the general conditions of use or the particular registration conditions and assume all responsibility deriving from said non-compliance, holding Pikolinos totally harmless.

11. Legal guarantee

You are expressly informed that all Products purchased through this Website are covered by a warranty in accordance with the applicable legal warranty period, as established by the legislation in force.

Pikolinos commits to delivering the Products subject to the order(s) in conformity with the contractual description and the criteria set forth in Article L217-5 of the French Consumer Code, and is liable for any lack of conformity existing at the time of delivery of the Products and appearing within two years from the date of delivery. This warranty period applies without prejudice to Articles 2224 and following of the French Civil Code, with the limitation period beginning from the day the Client becomes aware of the lack of conformity.

Any lack of conformity that appears within twenty-four months from the delivery of the Products is presumed, barring proof to the contrary, to have existed at the time of delivery. In the event of non-conformity, the Client may demand that the Products be brought into conformity either by repair or replacement, or, failing that, by a price reduction or contract termination under the legal conditions.

It is the Client's responsibility to request from Pikolinos the bringing of the Products into conformity, choosing between repair and replacement. The conformity process shall occur within a maximum period of thirty days following the Client’s request. The bringing of the Products into conformity shall be carried out at no cost to the consumer.

The Client shall not be required to pay for the normal use made of the replaced goods during the period prior to their replacement.

If the Products are repaired under the legal warranty of conformity, the Client benefits from an extension of six months beyond the initial warranty period. If the Client requests the repair of the Product, but Pikolinos requires replacement, the legal warranty of conformity shall be renewed for a period of two years from the date of replacement of the Product.

The Client may obtain a price reduction while retaining the Product or terminate the contract with full reimbursement against return of the Product if:

1. Pikolinos refuses to repair or replace the Product;

2. The repair or replacement of the Product occurs after a delay of 30 days;

3. The repair or replacement causes a major inconvenience to the Client, notably when the Client permanently bears the costs of collection or removal of the non-compliant Product, or bears the costs of installing the repaired or replacement Product;

4.   The non-conformity of the Product persists despite Pikolinos’ unsuccessful attempt to bring it into conformity.

The price reduction shall be proportionate to the difference between the value of the Products delivered and the value they would have had in the absence of the lack of conformity.

The Client also has the right to a price reduction or contract termination when the lack of conformity is so serious that it justifies immediate price reduction or contract termination. In such case, the Client is not required to request repair or replacement of the Product beforehand. The Client is not entitled to contract termination if the Product defect is minor.

The Client also has the right to suspend payment of all or part of the price, or to withhold the benefit provided for in the contract, until the Pikolinos has fulfilled its legal obligations i, in accordance with the conditions set forth in Articles 1219 and 1220 of the Civil Code.

The rights mentioned above arise from the application of Articles L217-1 to L217-32 of the French Consumer Code. It is reminded that if Pikolinos acts in bad faith to hinder the implementation of the legal warranty of conformity, it may be subject to a civil fine of up to €300,000, which may be increased to up to 10% of the average annual turnover (Article L241-5 of the French Consumer Code).

The Client also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect.

In the event of exercising the legal warranty of conformity or hidden defects, you may contact us at info@pikolinos.com; we will then provide you with the procedure to follow.

Rappel des dispositions du Code de la consommation :

Article L217-3 du Code de la Consommation :

Le vendeur délivre un bien conforme au contrat ainsi qu'aux critères énoncés à l'article L. 217-5. Il répond des défauts de conformité existant au moment de la délivrance du bien au sens de l'article L. 216-1, qui apparaissent dans un délai de deux ans à compter de celle-ci. Dans le cas d'un contrat de vente d'un bien comportant des éléments numériques :

1° Lorsque le contrat prévoit la fourniture continue d'un contenu numérique ou d'un service numérique pendant une durée inférieure ou égale à deux ans, ou lorsque le contrat ne détermine pas la durée de fourniture, le vendeur répond des défauts de conformité de ce contenu numérique ou de ce service numérique qui apparaissent dans un délai de deux ans à compter de la délivrance du bien ; 2° Lorsque le contrat prévoit la fourniture continue d'un contenu numérique ou d'un service numérique pendant une durée supérieure à deux ans, le vendeur répond des défauts de conformité de ce contenu numérique ou de ce service numérique qui apparaissent au cours de la période durant laquelle celui-ci est fourni en vertu du contrat.

Pour de tels biens, le délai applicable ne prive pas le consommateur de son droit aux mises à jour conformément aux dispositions de l'article L. 217-19.

Le vendeur répond également, durant les mêmes délais, des défauts de conformité résultant de l'emballage, des instructions de montage, ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité, ou encore lorsque l'installation incorrecte, effectuée par le consommateur comme prévu au contrat, est due à des lacunes ou erreurs dans les instructions d'installation fournies par le vendeur.

Ce délai de garantie s'applique sans préjudice des articles 2224 et suivants du code civil. Le point de départ de la prescription de l'action du consommateur est le jour de la connaissance par ce dernier du défaut de conformité.

- Article L 217-4 du Code de la consommation :

 Le bien est conforme au contrat s'il répond notamment, le cas échéant, aux critères suivants :

 1° Il correspond à la description, au type, à la quantité et à la qualité, notamment en ce qui concerne la fonctionnalité, la compatibilité, l'interopérabilité, ou toute autre caractéristique prévues au contrat ;

 2° Il est propre à tout usage spécial recherché par le consommateur, porté à la connaissance du vendeur au plus tard au moment de la conclusion du contrat et que ce dernier a accepté ;

 3° Il est délivré avec tous les accessoires et les instructions d'installation, devant être fournis conformément au contrat ;

4° Il est mis à jour conformément au contrat.

- Article L 217-5 du Code de la consommation :

I.-En plus des critères de conformité au contrat, le bien est conforme s'il répond aux critères suivants :

1° Il est propre à l'usage habituellement attendu d'un bien de même type, compte tenu, s'il y a lieu, de toute disposition du droit de l'Union européenne et du droit national ainsi que de toutes les normes techniques ou, en l'absence de telles normes techniques, des codes de conduite spécifiques applicables au secteur concerné ;

2° Le cas échéant, il possède les qualités que le vendeur a présentées au consommateur sous forme d'échantillon ou de modèle, avant la conclusion du contrat ;

3° Le cas échéant, les éléments numériques qu'il comporte sont fournis selon la version la plus récente qui est disponible au moment de la conclusion du contrat, sauf si les parties en conviennent autrement ;

4° Le cas échéant, il est délivré avec tous les accessoires, y compris l'emballage, et les instructions d'installation que le consommateur peut légitimement attendre ;

5° Le cas échéant, il est fourni avec les mises à jour que le consommateur peut légitimement attendre, conformément aux dispositions de l'article L. 217-19 ;

6° Il correspond à la quantité, à la qualité et aux autres caractéristiques, y compris en termes de durabilité, de fonctionnalité, de compatibilité et de sécurité, que le consommateur peut légitimement attendre pour des biens de même type, eu égard à la nature du bien ainsi qu'aux déclarations publiques faites par le vendeur, par toute personne en amont dans la chaîne de transactions, ou par une personne agissant pour leur compte, y compris dans la publicité ou sur l'étiquetage.

 II.-Toutefois, le vendeur n'est pas tenu par toutes déclarations publiques mentionnées à l'alinéa qui précède s'il démontre :

1° Qu'il ne les connaissait pas et n'était légitimement pas en mesure de les connaître ;

 2° Qu'au moment de la conclusion du contrat, les déclarations publiques avaient été rectifiées dans des conditions comparables aux déclarations initiales ; ou

3° Que les déclarations publiques n'ont pas pu avoir d'influence sur la décision d'achat.

 III.-Le consommateur ne peut contester la conformité en invoquant un défaut concernant une ou plusieurs caractéristiques particulières du bien, dont il a été spécifiquement informé qu'elles s'écartaient des critères de conformité énoncés au présent article, écart auquel il a expressément et séparément consenti lors de la conclusion du contrat.

Rappel des dispositions du Code civil :

- Article 1641 du Code civil :

Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l'usage auquel on la destine, ou qui diminuent tellement cet usage que l'acheteur ne l'aurait pas acquise, ou n'en n’aurait donné qu'un moindre prix, s'il les avait connus.

- Article 1648 du Code civil :

L'action résultant des vices rédhibitoires doit être intentée par l'acquéreur dans un délai de deux ans à compter de la découverte du vice.

Dans le cas prévu par l'article 1642-1, l'action doit être introduite, à peine de forclusion, dans l'année qui suit la date à laquelle le vendeur peut être déchargé des vices ou des défauts de conformité apparents.

The Products we sell, particularly those of an artisanal nature, often display characteristics inherent to the natural materials used in their manufacture. Such characteristics may result in variations in fibres, texture, knots, or colour. These variations shall in no event be considered defects or damage.

You are expected to be aware of the existence of such variations and to appreciate them as part of the unique nature of the Products. We select only Products of the highest quality, but natural features are intrinsic to our goods and must be accepted as part of their inherent appearance.

Nothing in this clause shall affect your statutory rights as a consumer, including your right to withdraw from the contract.

12. Waiver

Pikolinos’ liability under these General Terms and Conditions of Sale shall not be engaged in the event that the failure to perform its obligations is attributable to the act of a third party, your fault, or an event of force majeure as defined by Article 1218 of the French Civil Code and applicable case law. Pikolinos shall not be held liable for immaterial, indirect, or consequential damages that may result from the use of the Products sold, except in cases of failure to comply with legal obligations regarding conformity and warranty against hidden defects, or in cases of gross negligence or willful misconduct.

The Client hereby recognises that the Products ordered are purchased at their own risk. The activity of Pikolinos is limited to execution of the actual tasks required to deliver the Products selected by said Client. Pikolinos declines all responsibility for the choice of Products by the Client even when Pikolinos has provided advice in this respect, or for the Client’s lack of diligence in checking the specifications of the Products before ordering them.

At all events, the responsibility assumed by Pikolinos vis-à-vis the Client shall never include loss of potential income under any circumstances whatsoever and shall be restricted to the total amount received from the Client pursuant to the monetary stipulations set forth in these Terms and Conditions.

This limitation of liability shall not apply in cases of bodily injury caused to the Client, willful misconduct, gross negligence or breach of essential obligations of the contract.

13. Unique Identification Numbers in the National Register of Producers

In accordance with the provisions of the Environmental Code, Pikolinos has joined several eco-organizations to fulfill its obligations and holds, as such, a unique identifier ("UID") for each sector subject to extended producer responsibility that concerns it. These UIDs are as follows:

FR261118_11UGTE

14. Amendments

Pikolinos reserves the right to update and/or amend these Terms and Conditions at any time without prior notice.

Said changes shall come into effect on their publication date on www.pikolinos.com by any medium or form.

Changes made to these Terms and Conditions will only affect Clients who accept them after said updates or amendments.

15. General considerations

15.1 Personal Data Protection

Pursuant to Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is hereby reminded that the personal data requested from you are necessary for the processing of your order and the issuance of invoices, among other purposes. Such data may be communicated to Pikolinos’ potential partners responsible for the execution, processing, management, and payment of orders.

The processing of data communicated through the Website complies with the legal requirements regarding personal data protection, with the information system used ensuring optimal protection of such data.

In accordance with national and European regulations, you have the right to permanent access, modification, correction, objection, portability, and limitation of the processing of your personal data. These rights may be exercised according to the procedures described on our Website.

For more informations about personal date information please consult https://www.pikolinos.com/privacy.html

15.2 Intellectual Property

The content of the Website is the property of Pikolinos and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

15.3. Waiver and interpretation of these Terms and Conditions

These Terms and Conditions, particular conditions agreed at any time and any other conditions applicable to the Client constitute the only agreement between the Client and Pikolinos.

These Terms and Conditions shall prevail over the provisions of any other terms and conditions agreed by and between Pikolinos and the Client in the event of contradiction between the provisions of these Terms and Conditions and said others, unless the latter specifically provide to the contrary.

The failure of either party to demand full application of these Terms and Conditions or strict compliance with any of their stipulations due to special circumstances at any time shall not be taken to mean full or partial amendment of the same or as waiving strict compliance with all these Terms and Conditions in the future.

If any of the clauses or parts of these Terms and Conditions are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be impaired in any way and the Parties shall negotiate new wording in good faith as similar as possible to the replaced part. The party affected by replacement may choose to terminate the contract if said replacement is deemed to be impossible and the stipulation concerned is deemed to be essential for these Terms and Conditions.

Any reference made in these Terms and Conditions to a repealed article or body of legislation shall be understood to refer to the equivalent provision that replaces it.

15.4. Governing Law and Language

These General Terms and Conditions of Sale and the related transactions are governed by French law. They are drafted in the French language. In the event of a translation into one or more languages, only the French text shall prevail in case of dispute.

16. Discount vouchers: special terms and conditions

PIKOLINOS may offer discount vouchers. Discount vouchers are promotional deals that partially lower the price of the Product or order. The following will be considered discount vouchers: welcome vouchers, subscription vouchers, birthday vouchers and any other sort of promotion that involves the use of a discount code, whether one or several, a set amount or percentage off.

Vouchers only apply to Products, not shipping fees.

There are different types of vouchers and the specific conditions for each one are explained in commercial communications between the parties (whether by email or on the Website, in a specific section). In these cases, you may check the specific conditions in the text that goes with the voucher.

The conditions of each campaign will be provided along with the discount voucher.

There may be additional limitations or restrictions on the use of the discount vouchers (for example, minimum order, specific period, etc.), so we advise Clients to read the specific conditions of each voucher carefully. Using or applying the voucher entails acceptance of the conditions that apply.

The general contract conditions laid out on this Website apply to any discount vouchers, in addition to the specific conditions established for each voucher.

It is very important to check the terms and conditions that apply to see all the details and requirements of the voucher or deal.

Below are the general conditions for discount vouchers, which apply except when the specific conditions of any given campaign establishes otherwise:

- Clients must be of legal age (18 or older) to use the voucher.

- Discounts vouchers are personal and non-transferable.

- In general, discount vouchers cannot be used with other promotions run by the organising body, unless specified otherwise.

- Only one discount voucher may be used per order and shopping cart.

- Discount vouchers are not refundable and may not be exchanged for cash, in full or part. As a result, if one or several of the Products the discount voucher was used to purchase are returned, PIKOLINOS will only refund the amount the Client actually paid and the voucher may not be reused.

- If the value of the voucher is greater than the order total, the difference will not be refunded and cannot be applied to a future order.

- Discounts vouchers may be valid only for a specific selection of Products.

- Vouchers are only valid for a certain period of time and will expire if not used within said time.

- Discount vouchers may not be sold, traded or acquired.

17. Complaints, claims and out-of-court dispute resolution

You can contact us by means of the contact forms in the Client Service tab or by calling our telephone numbers, writing an email or sending a letter by postal mail to the address in the first paragraph of these Terms and Conditions to make a complaint or lodge a claim.

We have official complaint forms available to consumers and users (Clients). Any complaint or claim lodged before our Client service department will be dealt with in the shortest possible time and always within the legally established period. They will also be recorded with an identification and tracking code of which you will be informed. If you consider that your rights as a consumer have been infringed you can send your complaints by email to: info@pikolinos.com to request an out-of-court dispute .

In the event that you have not obtained satisfaction from Pikolinos's Client Service, and before taking any legal action, in accordance with the provisions of the Consumer Code relating to the amicable settlement of disputes, you have the option of referring the matter to a Centre de Médiation et d’Arbitrage.

Regardless of the method used to contact CMAP, your request must include the following information to be processed promptly: postal address, email, and phone number, as well as your full name and address of Pikolinos, a brief description of the facts, and proof of prior steps taken with Pikolinos.The solution proposed by the Mediator is not binding on the parties, who remain free to withdraw from the Mediation process at any time.

In accordance with Regulation (EU) 524/2013 you are hereby informed that if you have acquired a Product from us through our Website, you are entitled to request an online dispute resolution for consumer disputes at the official Website of the European Union: http://ec.europa.eu/consumers/odr/.

18. Jurisdiction

In the event of a dispute, Pikolinos and the Client shall endeavor to resolve it amicably as indicated here before.

In case it is impossible to reach an amicable agreement, any discrepancy that may arise related to the use of the Website or to interpretation or execution of the contract governed by the present Terms and Conditions be submitted to the relevant courts.

Nothing set forth in this clause shall affect the rights of consumers under the currently applicable legislation if the contract is entered into by a natural person.