GENERAL TERMS AND CONDITIONS OF SALE OF THE EKYOG.COM SITE

Article 1. SELLER IDENTIFICATION

You are currently connected to the website www.ekyog.com (the “Site”), published by EKYOG SASU, share capital €10,000.00, registered under number 809 071 855 RCS Paris, with its registered office at 20 rue Notre Dame de Nazareth, 75003 Paris, intra-community VAT number: FR 67 543708562 (“EKYOG” or the “Seller”).

The Customer Service contact details are as follows:

Postal address: 20 Rue Notre Dame de Nazareth, 75003 Paris FRANCE
Email: serviceclient@ekyog.com
Phone number: 06 52 64 97 38

Article 2. SCOPE OF APPLICATION AND ACCEPTANCE OF THE GTC

2.1 These general terms and conditions of sale (“GTC”) define the terms and conditions of online sales concluded between EKYOG and any adult consumer (within the meaning of the introductory article of the Consumer Code) who has the legal capacity to act and is making a purchase via the Site, to the exclusion of any resellers or intermediaries acting on behalf of resellers (the “Customer”).

2.2 The GTC are written in French and are accessible on the Site at all times. The GTC may be modified at any time. The Customer is invited to consult the GTC before any new order. The version in force is the one published on the Site.

2.3 The GTC must be accepted by the Customer when creating an Account. Consequently, placing an order implies the Customer's full and unreserved adherence to these GTC.

Article 3. PRODUCTS

The Products offered for sale by EKYOG are presented on the Site.

EKYOG displays the price (Article 8 of the GTC) and the main characteristics of each Product via a description and photos, subject to the provisions of Article 13.1 of the GTC.

Article 4. CUSTOMER ACCOUNT

4.1 Creating a Customer Account

In order to validate your online order on the Site, the Customer must create a customer account (the “Customer Account”) by providing the following information:

Last name, first name
Email address
Password
Delivery and billing addresses
Phone number (for the delivery partner)

Personal data is collected by EKYOG during the creation of a Customer Account in accordance with the privacy policy accessible on the Site.

The login ID for the Customer Account is the Customer's email address. The Customer must also provide the password they have chosen, for which they are responsible. This password is personal and confidential, and the Customer must not communicate it to third parties. The Customer must notify EKYOG of any fraudulent use of their Customer Account as soon as they become aware of it.

Upon completion of the Customer Account creation, a confirmation email summarizing that the account has been created is sent to the Customer at their email address.

The Customer undertakes to provide EKYOG with accurate, up-to-date, and complete data and to keep it updated. The Customer must not create an account under a false identity.

4.2 Content of the Customer Account

Creating a Customer Account allows you to:

Place an order on ekyog.com
Reserve a product in-store from the ekyog.com site
Consult a current order
Track deliveries
Consult order history,
Return or exchange products,
Exercise their right of withdrawal,
Add or modify delivery and billing addresses.

Deleting the Customer Account

You may request to deactivate your ekyog.com customer account at any time by sending an email to Customer Service or by clicking on the “Contact Us” link.

EKYOG reserves the right to delete the account of any Customer who violates these GTC, particularly when the Customer provides inaccurate, incomplete, misleading, or fraudulent information, as well as when a Customer Account has remained inactive for at least one year.

The deletion of a Customer Account will not constitute a fault on the part of EKYOG or damage to the excluded Customer, who will not be entitled to any compensation for this reason.

Article 5. ORDER PROCESS

To place an order online on the Site, the Customer must:

Select the Products in stock composing the shopping cart and click on “order”

If applicable, log in to their Customer Account

Enter the information necessary for the delivery of the Products (delivery address and/or billing address, phone number)

Choose the delivery method according to the terms detailed in Article 8 below

Choose the payment method according to the terms detailed in Article 7 below

Click on “check order”

Click on “pay now”

The order will only be recorded by EKYOG upon validation of the order by clicking on “Pay now”.

The “pay now” validation is equivalent to the handwritten signature referred to in Article 1367 of the Civil Code and the conclusion of an electronic contract within the meaning of Articles 1127-1 and 1127-2 of the French Civil Code.

As of this action:

The Customer confirms their order and declares that they accept it, as well as the entirety of the GTC fully and without reservation; and
The order is considered irrevocable and can only be challenged in the cases exhaustively provided for herein.

Article 6. ORDER CONFIRMATION

Upon receipt of bank authorization during online payment, a confirmation email is sent to the Customer at the email address provided by them. This order confirmation summarizes all information related to the order (total amount of the order, essential characteristics of the products, quantity and price of each product, delivery time).

EKYOG reserves the right not to confirm an order from a customer with whom it is in dispute over a previous order, or if EKYOG reasonably believes that this customer has breached these GTC or has engaged in fraudulent activity, or for any other legitimate reason. In this case, if payment for the refused order has occurred, the Customer will be refunded within fourteen (14) days from the notification of the refusal of their order.

The order confirmation email indicates that the order has been taken into account by EKYOG and not that the ordered product is available. Available product stocks are limited. Although the information presented on the Site is updated automatically and in real time, errors are nevertheless possible. In the event of unavailability of the ordered product, EKYOG undertakes to inform the Customer as soon as possible by email.

In this case, the Customer has the option:

To accept an extended delivery time,
To replace the product with another available product,
Or to cancel their order and be refunded by EKYOG within fourteen (14) days from their cancellation request.

Article 7. PRICE – PAYMENT TERMS

7.1 Product Prices

The prices of the Products are displayed on the Site and are indicated in euros, all taxes included, excluding delivery costs charged in addition in accordance with Article 7.2. Prices take into account the VAT in force in France on the day of the order.

Products are invoiced at the price displayed on the Site at the time the order is placed.

7.2 Delivery Costs

The delivery costs indicated on the Site are understood in euros, all taxes included. Delivery costs are the responsibility of the Customer and their amount depends on the delivery method chosen by the Customer. The total amount of delivery costs is indicated to the Customer before any confirmation of the Order, depending on the chosen delivery method.

Any customs duties are the responsibility of the customer and are mentioned in the detail of taxes during payment.

7.3 Payment Method

The Customer can pay by Paypal, credit card (CB, Visa or Mastercard), and gift cards.

Payment by credit card:

Credit card payments are authenticated and secured by the 3D Secure payment system and our payment partner PAYPLUG.

After validating your bank details (card number, expiration date, and security code), you will need to enter the personal information requested by your bank.

Once the 3D Secure code is entered and validated by your bank, your order is finalized.

Authentication is specific to each bank. For any questions regarding your 3D Secure code, we invite you to contact your bank directly. EKYOG does not have access to any data relating to the Customer's payment data, and payment is made directly to the bank.

Your order will only be shipped after verification of your payment method and receipt of debit authorization for your card. Your account will be debited at the time of shipment of your Order.

Payment of your order in 3 or 4 installments by credit card for purchases from €100 up to €3000 with Oney Bank:

Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €100 to €3000 in 3 or 4 installments with your credit card.

Conditions: This offer is reserved for individuals (adult natural persons) residing in France and holding a Visa or MasterCard bank card with a validity date beyond the chosen financing duration.
Systematic authorization cards, in particular Electron, Maestro, Nickel, etc., as well as e-cards, Indigo cards, and American Express, are not accepted.

Subscription terms: After completing your order, simply click on the “3x 4x Oney credit card payment button”. You are then redirected to our partner's 3x 4x Oney website displaying the detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login credentials linked to your 3x 4x Oney account. You read the general conditions of multi-installment payment that you wish to subscribe to, which are provided in PDF format so that you can read, print, and save them before accepting them. You then notify your electronic acceptance by checking the corresponding box. You acknowledge that the “double click” associated with the checkbox regarding the acknowledgment of the general conditions constitutes consent to contract and constitutes an irrevocable and unreserved acceptance of the product's general conditions.
Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions made between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, the information related to your order will be transmitted to Oney Bank, which will use it for the purposes of studying your request for the granting, management, and recovery of credit. Oney Bank reserves the right to accept or refuse your 3x 4x Oney financing request.
You have a 14-day withdrawal period to renounce your credit.

Operation: Payment in 3 or 4 installments by credit card allows you to pay for the order placed on our merchant site as follows:

A mandatory down payment, debited on the day of confirmation of the shipment of your order;

Two or three monthly payments, each corresponding to one-third or one-quarter of the order, debited 30 and 60 days later for the 3-installment plan and 30, 60, and 90 days later for the 4-installment plan, which include fees corresponding to 1.61% of the total order amount for a 3-installment plan and 2.40% for a 4-installment plan (up to a limit of €25 maximum for a 3-installment payment and €50 maximum for a 4-installment payment).

• Payment in 3 installments from €100 of purchase up to €3000

Example: For a purchase of €150, down payment of €52.42 then 2 monthly payments of €50. Credit for a duration of 2 months at a fixed APR of 21.63%.
Financing cost: €2.42 up to a limit of €25 maximum.

• Payment in 4 installments from €100 of purchase up to €3000

Example: For a purchase of €400, down payment of €109.60 then 3 monthly payments of €100. Credit over 3 months at a fixed APR of 21.61%.
Financing cost: €9.60 up to a limit of €50 maximum.

Special conditions for occasional promotional offers:
For payment in 3 installments without fees: the financing cost is 0% of the total order amount.
Example for a purchase of €150, down payment of €50, then 2 monthly payments of €50, Credit for a duration of 2 months at a fixed APR of 0%.
Financing cost: €0.

For payment in 4 installments without fees: the financing cost is 0% of the total order amount.
Example for a purchase of €400, down payment of €100, followed by 3 monthly payments of €100. Credit for a duration of 3 months at a fixed APR of 0%.
Financing cost: €0

Oney Bank - SA with a capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias No.: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr

Payment by Paypal:

By choosing the Paypal payment method, you will be automatically redirected to the Paypal platform and to your Paypal account. If you do not have a Paypal account, you can create one at this time. After validating your order with Paypal, you will be redirected to the EKYOG confirmation page.

Payment by gift card:

A gift card acquired on the www.ekyog.com site can only be used on the online store; it cannot be used in stores. A gift card acquired in a store is valid exclusively in the store where it was acquired. The promotional code present on a gift card purchased on the online store is valid from the date of issuance and can be used once. An item obtained with this card cannot be discounted and cannot give rise to monetary consideration. The refund of a product paid exclusively by gift card is made on a new gift card. The refund of a product paid for by gift card and other complementary payment methods will be made in priority on a new gift card. The gift card cannot be exchanged, resold, even partially, nor replaced in case of loss, theft, or expiration of validity.

7.4 Invoices

EKYOG will send an order confirmation email once the order is validated.

If the Customer wishes to obtain an invoice for their order from the time the Products are shipped,it will be accessible and downloadable from the Customer's personal account on the Site.

7.5 Transfer of Ownership

The ordered Products remain the property of EKYOG until full payment of the price by EKYOG. However, you assume the risks (including loss, theft, or damage) related to the delivered Products upon delivery to the address indicated when ordering or upon their collection at the pickup point.

Article 8. DELIVERY

8.1 Delivery Zones

Products purchased on the Site can be delivered to the following countries:

France

.	Colissimo - Pickup Point	Colissimo - Home without signature	Colissimo - Home with signature
Orders under €150	€5.95	€6.95	/
Orders over €150	Free	/	€6.95

Overseas Territories (DOM-TOM)

Guadeloupe, French Guiana, Martinique, Mayotte, Réunion, Saint Barthélemy, Saint Martin (French Part), Saint-Pierre-et-Miquelon	New Caledonia, French Polynesia, French Southern Territories, Wallis and Futuna
Colissimo - home delivery without signature	Colissimo - home delivery without signature
€19.95	€23.95

International

Germany, Belgium, Luxembourg, Netherlands	Austria, Spain, Ireland, Italy, Portugal	Denmark, Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovakia, Slovenia, Sweden, Switzerland
Colissimo - home delivery with signature	Colissimo - home delivery with signature	Colissimo - home delivery with signature
€8.95	€10.95	€11.95

For orders outside France, once the parcel destined for export arrives at its destination, it is the recipient's responsibility to pay any taxes or customs duties that may apply in the destination country. Local authorities can provide you with useful information.

8.2 Delivery method

In France, orders are delivered by Colissimo (La Poste Group):

home delivery without signature:

The parcel is delivered to the letterbox at the address indicated by the Customer. No signature is collected. The Customer agrees to be present on the day the parcel is delivered to receive it. In the event of the Customer's absence, the carrier may decide to hand it to any person present at the address, including the caretaker or concierge who agrees to take delivery.

The presentation of the parcel by Colissimo or its deposit in the letterbox is considered equivalent to physical delivery of the goods to the Customer.

home delivery with signature:

The parcel is handed to the Customer in person against signature at the address indicated by the Customer. The Customer agrees to be present on the day the parcel is delivered to receive it. In the event of the Customer's absence, the carrier may decide to leave the parcel at the post office nearest to the Customer's address. The Customer must then go to the relevant post office to collect their parcel against a signature and proof of identity.

The signature confirms successful receipt of the parcel and is equivalent to physical delivery of the goods to the Customer.

at collection points:

The Customer selects their collection point from:

Pickup points (network of local shops in Metropolitan France), the list of which is displayed after purchasing online;
Postal contact points (e.g., post office)

From the notification that the parcel is available to the recipient, they have 15 calendar days for collection at a postal contact point and 14 calendar days for collection at a Pickup point. Upon expiry of this period, the parcel will be returned to EKYOG.

In the event of unavailability of the collection point chosen by the Customer (exceptional closure, holidays, etc.), the parcel will be dropped off at a replacement collection point designated by La Poste. The Customer will be informed of this change.

8.3 Delivery times

The estimated delivery time will be indicated when ordering and confirmed in the order shipment notification email. This delivery time starts from the date of the order shipment email.

Delivery times are provided as an indication: EKYOG and its partner La Poste will make their best efforts to respect them.

Subject to the above, orders are delivered within a period of:

2 to 5 working days from shipment, from Monday to Saturday, in Metropolitan France.
3 to 5 working days outside Metropolitan France, in Europe. Certain products or certain order volumes may nevertheless justify a delivery time longer than 7 working days. This will be expressly mentioned to the Customer when validating the order.
5 to 10 working days, internationally (excluding France and Metropolitan France, excluding Europe).

Certain products or certain order volumes may nevertheless justify a delivery time longer than 10 working days. This will be expressly mentioned to the Customer when validating the order.

In order for delivery times to be respected, the customer must ensure that they have provided accurate and complete information regarding the delivery address: phone number, street number, building number, staircase, intercom, door code, etc.

If several Products are ordered at the same time, they may have a different delivery date. EKYOG reserves the right to deliver the order in several batches.

EKYOG cannot be held responsible for failure to meet delivery times (delayed delivery, impossibility of delivery, return of Products to EKYOG) resulting from erroneous and/or incomplete information provided by you for the purpose of delivery and/or your absence at the time of delivery.

In the event of an impossible delivery due to an incorrect delivery address or the Customer's failure to collect their order from the selected collection point, the Customer will be informed by EKYOG. The order will then be returned to Ekyog. Upon receipt of the returned order, the Customer may choose to have their order re-shipped.

8.5 Delivery issues

Any defect or delay in delivery or availability of your Products at a collection point exceeding the deadlines announced above in Article 8.3 must be reported to our Customer Service as soon as possible.

In the event of a delivery delay attributable to EKYOG, the Customer may formally request EKYOG, by registered letter with acknowledgment of receipt or by email with acknowledgment of receipt, to proceed with the delivery of their order within an additional period of fifteen (15) days. In the absence of delivery of the Product at the end of this additional period, the Customer may cancel the order in writing.

In the event of cancellation of the sale of the Product by the Customer, EKYOG will reimburse the Customer within fourteen (14) days from receipt of the cancellation request by the Customer.

This clause is not intended to apply if the delay in delivery is due to a case of force majeure or a fault of the Customer.

Article 9. RECEIPT OF PRODUCTS

The Customer is required to check the condition of the packaging and the conformity of the Product at the time of delivery. The Customer must immediately report to the delivery person any reservations regarding the condition of the delivered Product and ensure they are mentioned on the transport document: damaged packaging, damage sustained, conformity with the order, etc.

Any claim regarding apparent defects or the non-conformity of the Product delivered in relation to the information given during the presentation of the Product on the Site, as well as any damage related to transport, must be confirmed by the Customer to EKYOG within 48 hours following receipt of the Product by email to the attention of Customer Service at the addresses mentioned in Article 1 of the GTC.

The Customer must provide any justification as to the reality of the non-conformities, damage, or defects noted. The Customer must refer to Article 10 Right of Withdrawal and Returns of Products to return the items in question.

In the absence of a claim made within the aforementioned period and conditions, the delivered Products will be deemed accepted by the Customer.

Article 10. RIGHT OF WITHDRAWAL – PRODUCT RETURNS

Return address:

GD Logistique
ZI rue du Petit Crachis, Ferrières en Gatinais , 45210 France

10.1 Right and period of withdrawal

In accordance with the provisions of Article L121-21 of the Consumer Code, "the consumer has a period of fourteen (14) days to exercise their right of withdrawal from a distance contract" and this without having to justify reasons or pay penalties.

10.1.1 Period and formality

This period begins from the day of delivery to the Customer of the product(s) subject of their order. In the case of an order for several products delivered separately, the period begins from receipt of the last product. The Customer exercises their right of withdrawal before the end of the fourteen (14) day period, without having to motivate their decision by any unambiguous statement expressing their desire to withdraw.

10.1.2 Reimbursement

The Customer has a period of fourteen (14) days, from the date of receipt of their order, to return the ordered Products, without justification or penalty. For any return under the right of withdrawal, the procedure below must be fully respected:

If the Customer exceeds the fourteen (14) day period from the date of receipt of their order to return the ordered products, 10% of the gross amount of each returned item will be deducted from the reimbursed value.

All products returned by the Customer must not have been worn, damaged, soiled, or washed by the Customer. They must be returned in their original packaging, with their label and any accessories, to the return address mentioned above.

The Customer has the choice between the 2 options below:

Request a full refund of their order, it being specified that a flat fee calculated at the time of the request will be deducted from the refund value to cover the return costs at the Customer's expense.
Exchange of items (free service) available only for France.

How to proceed?

Go to your account space, then click on the relevant order. Select the "Return Request" button or go directly here.
Select the shipping country of your order: France or International.
Enter your order number and the email address used for your order.
Select the item(s) you wish to return.
Choose your return method: Exchange (France only) or return, as well as the reason for your return.
In the case of an exchange, choose the new item of your choice (you will receive the item once your return parcel is received at our warehouse).
In the case of a refund, validate your refund request.
A return request confirmation email will be sent to you with the shipping label to download.
Carefully prepare your return parcel, stick the shipping label received by email on the parcel and drop it off at the relay point nearest you. (Chronopost Relay for France)

Use of the shipping label is mandatory.

Refund procedures:

The refund of your order will be made directly to the payment method used when placing your order within a maximum period of fourteen (14) days after receipt of your return parcel at our warehouse.
The refund does not include the refund of initial shipping costs.

*Fee schedule for returns of items at the Customer's expense which will be deducted from the value of the reimbursed items depending on the destination country:

France	€4.95
Belgium, Luxembourg, Germany, Netherlands	€6.95
Spain, Portugal	€7.95
Austria, Italy, Ireland	€9.95
Denmark	€10.95
Estonia, Hungary, Latvia, Lithuania, Poland, Czech Republic, Slovenia, Slovakia, Sweden	€11.95

Exchange procedures:

Free service allowing you to change the size or color of a returned item.

Upon receipt of the return parcel, a new order is sent to you free of charge in exchange for your returned items (a shipment confirmation email will be sent to you).

In the event of loss or damage during transport, EKYOG will investigate with the carrier to resolve the dispute in cases where the return label was provided by EKYOG to the Client. If the return of the package was handled by the Client: they must contact the carrier to file a dispute.

10.2 Non-Conformity

To report a defect or non-conformity of the Product, the Client may submit a return request directly via the EKYOG return portal and/or by email to serviceclient@ekyog.com

The Client must provide supporting documentation for their request: order number, non-conforming or defective item, photograph of the item and the observed defect, etc.

If the defect is confirmed by the EKYOG customer service department, the Client will receive a prepaid return label from EKYOG, which they can print, specifying the address, and will be informed of the procedures for returning the Products.

Any Product sent back without EKYOG's approval will be refused and returned to the sender at the latter's expense and risk.

10.3 Return Costs and Risks

The costs and risks of return are borne by the Client (see the flat-rate fee schedule for returns charged to the Client by EKYOG).*

EKYOG shall not be held responsible for the risks of loss or damage during the transport of returned products.

Article 11. WARRANTIES

Products sold by EKYOG are subject to the legal warranties provided for by Articles L. 217-4 to L. 217-14 of the French Consumer Code as well as Articles 1641 to 1648 of the French Civil Code, to the exclusion of all other warranties.

Legal guarantee of conformity (Articles L. 217-4 to L. 217-17 of the Consumer Code):

Article L. 217-4 of the Consumer Code:

The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when it has been charged to the seller by the contract or has been carried out under its responsibility.

Article L. 217-5 of the Consumer Code:

The good complies with the contract:

1º If it is fit for the purpose usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or its representative, particularly in advertising or labeling;

2º Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, which has been made known to the seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code:

Legal action resulting from a lack of conformity is barred after two years from the delivery of the goods.

Article L. 217-16 of the Consumer Code:

When the buyer requests the seller, during the course of the commercial warranty granted upon the acquisition or repair of a movable good, to perform a restoration covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining duration of the warranty.

This period runs from the date of the buyer's request for intervention or from the date the good in question is made available for repair, if such availability is subsequent to the request for intervention.

Legal warranty against hidden defects

Article 1641 of the Civil Code:

The seller is bound by the warranty on account of latent defects of the sold item which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.

Article 1648, first paragraph, of the Civil Code:

Legal action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Article 12. LIABILITY

Information on the Site

EKYOG endeavors to publish accurate and up-to-date information on the Site. EKYOG may modify all or part of the information published on the Site at any time. As EKYOG cannot guarantee the accuracy, precision, or completeness of the information on the Site, it disclaims all liability for any imprecisions, inaccuracies, or omissions concerning the available information, as well as any liability regarding damages resulting from fraudulent intrusion by a third party that has led to a modification of the information contained on the Site.

Hypertext links provided within the framework of this Website to other resources on the Internet do not engage the liability of EKYOG. Indeed, EKYOG has no means to control the sites connected to its Site, of which the Client is expressly informed by these presents. Consequently, the risks related to this use are fully borne by the internet user, who must comply with the specific terms of use of each website.

Likewise, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, EKYOG's liability cannot be engaged in the event of an error in any of these photographs or texts.

Conformity of Products to applicable standards

EKYOG undertakes to sell Products that comply with the regulations and standards in force in the European Union at the time of sale.

Use of the Site

Use of and browsing on the Site are the responsibility of the Client. EKYOG disclaims all liability and cannot be held responsible for any damage or virus that may affect the computer equipment or any other hardware when accessing the Site, using the Site, or browsing the Site, or downloading any content, data, text, images, or files from the Site.

Non-conforming use/installation of the Product

EKYOG disclaims all liability and cannot be held responsible for any damage caused to the Client or to a third party due to a use of the Product that does not conform to its intended purpose.

Force majeure

EKYOG is released from liability for any failure to perform its contractual obligations in the event of force majeure or fortuitous events, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and generally any event preventing the proper execution of orders.

Client fault

EKYOG's liability may in no case be engaged in the event of non-performance or poor performance of contractual obligations attributable to the Client, particularly when entering their order.

Client fault notably includes any misuse of the Site, any disclosure or illicit use of the password, any erroneous information or failure to update such information in their personal space, as well as any implementation of technical processes, such as bots or automated queries, that contravene the General Terms and Conditions of Sale.

Technical problems

EKYOG does not guarantee access to the Site and, in the event of impossibility of access to the Site due to technical problems of any nature, the Client may not claim damages nor be entitled to any compensation.

Article 13. ARCHIVING AND PROOF

Any contract concluded with the Client corresponding to an order for an amount exceeding 120 euros including all taxes will be archived by EKYOG for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.

EKYOG agrees to archive this information in order to ensure transaction tracking and to produce a copy of the contract at the Client's request.

In the event of a dispute, EKYOG will have the ability to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

Article 14. INTELLECTUAL PROPERTY

The Client has no intellectual or industrial property rights over the Products, packaging, or wrapping, as EKYOG remains the exclusive owner of all such rights.

Any use, in any way whatsoever, by the Client of the EKYOG brand or any other brand belonging to EKYOG or its suppliers and manufacturers is strictly prohibited, unless agreed upon by EKYOG.

The content and structure of the Site are reserved under copyright, as well as under intellectual property law, throughout the world.

In this capacity, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized, subject to different or more restrictive provisions of the Intellectual Property Code.

Any reproduction or representation, in whole or in part, of any content present on the Site (notably any text, image, iconographic or photographic representation, brand, or logo) for any purpose and on any medium whatsoever is prohibited.

Failure to comply with this prohibition constitutes an infringement that may engage the civil and criminal liability of the infringer.

None of the provisions of these General Terms and Conditions of Sale may be interpreted as conferring on the Client a license for any intellectual property right.

Article 15. GOVERNING LAW AND COMPETENT JURISDICTION

These General Terms and Conditions are subject to French internal law, with the exclusion of any international convention.

In the event of a dispute relating to these GTC or to the sale, the parties will attempt as much as possible to resolve their dispute amicably.

In the absence of an amicable agreement, the competent court is that of the defendant's place of residence or that of the actual delivery of the Product.

Article 16. RECOURSE TO A CONSUMER MEDIATOR

If you are a "consumer" within the meaning of the preliminary article of the Consumer Code, you must first address your complaint directly via the contact form on the Site by selecting the subject "I have another question."

In case of failure of this attempt, you may have recourse to a conventional mediation procedure or any other alternative dispute resolution method, and in particular by having free recourse, within one year from your complaint, to the competent consumer mediator in accordance with the provisions of Title 5 of Book I of the Consumer Code:

In order to resolve your dispute, you can access the European Online Dispute Resolution platform provided for by Regulation (EU) No 524/2013 of May 21, 2013 regarding the online resolution of consumer disputes, including cross-border ones, by following the link http://ec.europa.eu/consumers/odr/.

In the event of failure of this mediation, or if you do not wish to use it, you remain free to submit your dispute to the competent courts.