SECTION 1 – GENERAL: CHEVILLOTTE is a simplified joint stock company of 300,000 € registered with the commercial register of Paris under the number 501 218 937 with its headquarter located at 151 Haussmann Boulevard 75008 PARIS, France (“CHEVILLOTTE”). CHEVILLOTTE is registered in the National register of marketers of the Agency for ecological transition (ADEME) under the unique enrolment number FR017796_10ON0X. The GTCS establishes the rules and the conditions under which the services and the sales of Products by CHEVILLOTTE to professional and non-professional buyers (“Client(s)”). These GTCS as well as all the operations of CHEVILLOTTE are governed by French laws. GTCS in French language will prevail over any translation, unless CHEVILLOTTE expressly agree otherwise. CHEVILLOTTE will provide products in accordance with the standards of the industry. Catalogs, flyers, advertisement and rates communicated by CHEVILLOTTE shall not be considered as a binding offer, except for rates communicated for the purpose of a quotation. Products commercialized by CHEVILLOTTE are exclusively intended for familial, recreational or sporting use, and shall never be used to organize gambling. Any claim with regard to a contract between CHEVILLOTTE and a Client shall be submitted to the courts of Paris, even in the case of third-party complaint or respondent’s plurality.

SECTION 2 – ORDER : An order implies a complete acceptance of the prices, the description of the products listed on the quotation and these GTCS. An order will be binding upon the parties once the Client has signed it, to which the GTCS are annexed.

SECTION 3 – PRODUCTS HANDING OVER –DELIVERY DEADLINES: Ordered product hand over shall be considered completed when the ordered product is handed to the carrier, or when it is handed over to the Client if the delivery is performed by CHEVILLOTTE. CHEVILLOTTE will use its best efforts to meet the delivery date indicated on the purchase order, however, delivery date does not imply any firm commitment of CHEVILLOTTE. CHEVILLOTTE shall not be held liable for any. Delays are not subject to any penalty or annulment of the purchase order, or no appeal will be possible if the purchase order is modified or terminated except in case of Force Majeure (Section 13). Any product stored in our warehouse due to a delayed delivery caused by the Client will be subject to a storage fee equal to 100 €/month before taxes. If three (3) months after the planned delivery date, CHEVILLOTTE is still in possession of the product(s) CHEVILLOTTE reserves the right to claim the total payment including VAT of the order increased by 10%.

SECTION 4 – RECEPTION OF THE PRODUCTS –TRANSPORTATION : It is understood that the Client will bear any risks upon the delivery of the product or its handover to the carrier. In case of defects, the Client shall make reservations on the document provided to that effect, no later than two (2) days after the delivery of the product. No product will be refunded by CHEVILLOTTE unless expressly agreed to in writing or per the rules of online sales (Section 12). CHEVILLOTTE will in no event be held responsible for damages caused by a carrier.

SECTION 5 – DELIVERY: In case of apparent defect or shortage of any nature, any claims on the delivered product will be accepted by CHEVILLOTTE if and only if it is done in writing with an acknowledgment receipt stating precise and complete concerns and this should be done no later than two (2) days after the reception of the product by the Client. It is the Client’s responsibility to provide all justifications related to the flaws and shortages identified. The Client must enable CHEVILLOTTE to carry out all the necessary observations. When an apparent defect or damage is effectively identified by CHEVILLOTTE or by its representative, the Client may ask only for the replacement of certified products or and the necessary part to fix the flaw(s) at the expense of CHEVILLOTTE. In such an event, the Client will not be able to claim any form of compensation or termination of the purchase order. The reception of the product by the Client discharges CHEVILLOTTE of its obligations. Any claim by the Client in accordance with this Section does not affect in any way the Client’s obligation of paying the purchased product.

SECTION 6 – LIABILITY: If CHEVILLOTTE’s liability is incurred, it is strictly limited to material damage only, to the exclusion of any other loss, in particular but not limited to immaterial, commercial and/or moral. When CHEVILLOTTE’s liability is engaged concerning the goods that are the subject of the contract, for any reason whatsoever and in any capacity whatsoever, it is strictly limited: for loss or damage to goods and for all consequences that may result therefrom, to 33 € per kilo of gross weight of missing or damaged goods, with a maximum of 1.000 € per package and in any case limited to 7.623 € per claim, whatever the weight, volume, dimensions, nature or value of the goods, without the compensation exceeding the initial value of the goods concerned or the loss actually suffered if it is lower than this limit. CHEVILLOTTE’s liability for material damage to real estate and movable property (excluding items delivered to CHEVILLOTTE) caused by its fault or negligence cannot exceed the maximum sum of €1,500 per claim, regardless of the origin of the latter. When the value of the goods covered by the contract exceeds the above-mentioned liability limits, it is the Client’s responsibility to take out additional insurance or to assume the risks for the value exceeding these amounts. CHEVILLOTTE shall not be held liable in the event of false declarations or errors of indication concerning the accessibility and characteristics of the premises in which the services are to be provided.

SECTION 7 – TECHNICAL SPECIFICATIONS – INSTALLATION: The technical specifications in the documentation are given for information purposes only and are subject to change without notice. CHEVILLOTTE cannot be held responsible for them. Unless otherwise stipulated, the installation is carried out by one specialist fitter. The Client must provide the assistance of two strong persons capable of handling heavy parts. Under no circumstances shall CHEVILLOTTE be responsible for the installation of the chandeliers and/or the connection of the thermostat to the socket.

SECTION 8 – WARRANTIES: Products manufactured by CHEVILLOTTE have legal guarantee of conformity. Under such guarantee, CHEVILLOTTE will only be obliged to replace or repair (the least expensive option may be imposed) the Products in question without the Client being able to claim damages, and possibly after having conducted an expertise at the Client’s premises. Reimbursement will only be possible if repair or replacement is impossible. The warranty shall not apply if the defects are due to improper assembly by a third party, negligence or non-compliance with the instructions for use, an accident or modification of the product by the Client, as well as if the equipment is not properly used and maintained. Most of the products offered by CHEVILLOTTE are made of wood and are likely to undergo variations in color and structure that can in no way be considered as defects.

SECTION 9 – PRICES: Prices are exclusive of taxes and estimates are valid for thirty (30) days, transport is invoiced in addition (save for express exceptions made by CHEVILLOTTE). For billiards, a minimum deposit of 30% of the total price will be paid at the time of signing the contract, the balance must be paid at the latest on the day of shipment or delivery of the product. For accessories, full payment must be made at the time of transaction.

SECTION 10 – PAYMENT METHODS:. When payment deadlines are exceptionally granted, failure to make a single payment will lead to the payment of the total balance without formality and the suspension of the delivery of the products concerned without the Client being able to claim any compensation. The payment of the orders can be carried out either by cheque with the order of CHEVILLOTTE, by bank card or by bank transfer. Penalties of an amount equal to three (3) times the legal interest rate will be systematically applied after the due date appearing on the invoice as well as a fixed compensation for collection costs for professional Clients. CHEVILLOTTE reserves the right to ask the Client to pay in cash for his past orders and possibly to provide a bank guarantee. In the event that the Client refuses to pay, CHEVILLOTTE may refuse to honor the order(s) placed and to deliver the products concerned without the Client being able to argue a refusal to sell or claim any compensation.

SECTION 11 – PROPERTY RESERVE CLAUSE: All sales are concluded with reservation of ownership. Thus, the transfer to the Client of ownership of the products sold is suspended until full payment of the price. In the event of remittance of a check or a commercial paper, the payment will be considered realized at the time of the effective cashing. The risks are put at the charge of the Client as of the handover of products and will have to ensure at its expenses, risks and dangers, the conservation. The Client shall be obliged to oppose by all legal means any claims that third parties may have on the materials purchased. The reclamation of the goods subject to retention of title shall not constitute a rescission or cancellation of the sale. All the costs of reclaiming the goods, including legal costs, shall be borne exclusively by the Client. The repossession by CHEVILLOTTE of the products that may be claimed imposes on the Client the obligation to compensate for the damage resulting from the unavailability of the goods retained. Consequently, the Client shall pay CHEVILLOTTE, as a penalty clause, an indemnity fixed at 30 % of the price excluding tax of the unpaid products. If the termination of the contract renders CHEVILLOTTE in debt to the Client, it shall be entitled to set off this debt against the claim arising from the application of the present clause.

SECTION 12 – ONLINE SALES: In accordance with Section L121-21 of the French Consumer Code, in the case of online sales of goods that are not made to the Client’s specifications or clearly personalized, the Client may, within a period of fourteen (14) clear days from delivery of the item purchased, return the item to CHEVILLOTTE, for exchange or reimbursement. The item must be returned in new condition, in its original packaging in perfect condition. The return of a product is at the expense and risk of the Client (please declare the value of the goods and take out insurance covering these risks). The Client will be reimbursed for the purchase price of the product within 14 days from the date of receipt of the products by CHEVILLOTTE.

SECTION 13 – FORCE MAJEURE: In particular, partial or total strikes by CHEVILLOTTE or its carriers, fire, flood, war, production stoppages, the impossibility of being supplied with raw materials, stock shortages or even a pandemic are considered to be cases of force majeure. Under such conditions, CHEVILLOTTE will notify the Client in writing within ten (10) days of the date of occurrence of the events, the contract binding CHEVILLOTTE and the Client being then suspended by right without compensation as from the date of occurrence of the event. If the event lasts for more than thirty (30) days from the date of its occurrence, the sales contract concluded by CHEVILLOTTE and its Client may be terminated by the most diligent party without either party being able to claim damages. This termination shall take effect on the date of the first presentation of the registered letter with acknowledgement of receipt denouncing the said contract.

SECTION 14 – PERSONAL DATA PROCESSING: CHEVILLOTTE is required to collect and process the Client’s personal data. In this context, the Client consents to the processing of his personal data in accordance with the General Data Protection Regulation (GDPR) and is informed of the existence of the processing and its purposes as well as the period for which the data will be kept. The Client has the right to access, rectify or delete data and the right to object to its personal data. The Client may send requests by mail to the address given in the first paragraph of these GTCS or by electronic means to the CHEVILLOTTE DPO: dpo@chevillotte.com