Terms and Conditions of Sale

The company VALANDRE (hereinafter “the Company”) is a French limited liability company (SARL) with share capital of €105,000, whose registered office is located at Grande Versane, BELCAIRE (11340). It is registered with the CARCASSONNE Trade and Companies Register (RCS) under number 343 490 538 and represented by Ms Laurence FAUCHÉ, acting in her capacity as manager.

Website: https://www.valandre.com/ (hereinafter “the Site”)

Unique Identifiers (IDU): FR310775 10QKOF, FR310775 11KBMH and FR310775 01TWOC

VAT identification number: FR 80 343 490 538

Contact:

• Postal address: SARL VALANDRE — Grande Versane — 11340 BELCAIRE
• Email: postbox@valandre.com
• Phone: +33 (0)4 68 20 37 15

Insurer:

• Policy no.: AP 873440
• Territory covered: worldwide
• Contact: postbox@valandre.com

Hosting: the Site is hosted and administered via the Shopify Inc. platform (https://www.shopify.com).

These Terms and Conditions of Sale (hereinafter “the Terms and Conditions”) apply, without restriction or reservation, to all sales concluded by the Company with consumer purchasers (hereinafter “the Customer”) and cover all products sold by the Company on its Site.

The Customer must read them before placing any order. The choice and ordering of a product are the sole responsibility of the Customer.

The Customer declares that they have read and accepted these Terms and Conditions by ticking the box provided for this purpose before proceeding with the online ordering procedure. They are available at any time on the Site.

3.1 – The Company's offer

The Company's main business is the sale of technical down products (sleeping bags, jackets and other down gear) for use in the high mountains and mid-altitude mountains, and for hiking (hereinafter “the Products”).

The Company also provides an after-sales service (hereinafter “the After-Sales Service”): care, washing and repair of VALANDRE-brand Products. The Company reserves the right to discontinue and/or modify any Product as it deems appropriate in order to adapt to the market.

3.2 – Characteristics

The range and characteristics of the Products are described on the Site in a product description.

The Products sold comply with the regulations in force in France. The Company cannot be held liable for any failure to comply with the legislation of the country to which the Products are delivered, which it is the Customer's responsibility to check.

The Company's customer service is available to give Customers any necessary advice by telephone or electronically. However, the Customer is solely responsible for the choice of their orders. The Customer is also responsible for the storage and use of the Products.

3.3 – Registration with ADEME

The Unique Identifiers FR310775 10QKOF, certifying registration in the producer register for the furniture waste scheme, FR310775 11KBMH, certifying registration in the producer register for the textile scheme (clothing textiles, household linen and footwear), and FR310775 01TWOC, certifying registration in the producer register for the EMPAP scheme (household packaging and graphic paper), have been assigned to the Company by ADEME pursuant to Article L.541-10-13 of the French Environmental Code (Code de l'environnement).

These identifiers certify the Company's compliance with its obligation to register in the registers of producers of furniture, textile products, and household packaging and graphic paper, and the filing of its declarations of products placed on the market with the producer responsibility organisations ECOMAISON, RE_FASHION and CITEO respectively.

4.1 – Placing an order

Orders may be placed with or without a customer account. The order is confirmed by the Customer upon final validation of the payment.

Online ordering procedure:

1. if you wish, log in to your customer account (optional);
2. browse the Products offered on the Site;
3. choose the Product; if you encounter any difficulty or have any questions, you can contact the Company's customer service by telephone;
4. check the contents of your cart and its total price, and correct any errors;
5. accept the Terms and Conditions by ticking the box provided for this purpose in the cart;
6. pay for your order via the secure platform;
7. you will receive a confirmation email summarising your purchases.

Final validation of the order and of the payment constitutes the Customer's definitive acceptance of the prices and characteristics of the purchases they have made.

4.2 – Order confirmation

Subject to the provisions applicable to off-premises and distance contracts concluded by consumers (right of withdrawal), confirmation of the order constitutes the Customer's definitive acceptance of the prices and characteristics of the purchases they have made.

4.3 – Proof of the transaction

The computerised records, kept in the computer systems of the Company and of Shopify under reasonable security conditions, shall be deemed to constitute proof of the communications, orders and payments between the parties.

It is expressly agreed that, save in the event of manifest error on the part of the Company, the data stored in its information system shall have probative value with regard to the orders placed by the Customer.

When the order is confirmed, the Customer will be given an order number and will receive a summary of their order by email. By printing and keeping it, the Customer holds proof of their order and of its date.

4.4 – Changes to the order

No change to an order will be taken into account by the Company once the order has been validated by the Customer, unless the Company expressly agrees.

If Products are changed or added, the price will be adjusted accordingly and must be accepted in advance by the Customer.

4.5 – Cancellation of the order

The Customer may cancel their order as long as it has not been dispatched, by writing to postbox@valandre.com; they will then receive a full refund. Once the order has been dispatched, the Customer has the right of withdrawal provided for in Article 8.

Except in cases of force majeure, if the Company cancels the order, the price paid by the Customer will be refunded within fourteen (14) days.

5.1 – Prices

The Products offered by the Company are supplied at the prices in force as shown on the Site. These prices are stated both excluding and including VAT, and take into account the VAT applicable on the day of the order.

These prices are firm and not subject to revision during their period of validity, as indicated on the Site; outside this period of validity, the Company reserves the right to change its prices.

Where a price reduction is announced, the struck-through reference price is the lowest price charged by the Company during the thirty (30) days preceding the application of the reduction (Article L. 112-1-1 of the French Consumer Code).

An invoice is issued by the Company for each order. The Customer can download it from the order tracking page in their customer account, which they access with the email address used for the order (a login code is sent to them by email); it can also be sent to them on request to postbox@valandre.com.

Any shipping costs are payable by the Customer and are shown in the order summary.

5.2 – Payment methods

Payment must be made at the time of ordering using one of the following payment methods:

• payment cards: Visa, MasterCard, American Express;
• digital wallets: Apple Pay, Google Pay;
• flexible payment solutions: Klarna (pay later, pay in instalments);
• other methods: as offered by the Shopify Payments platform and its local payment partners.

Payments are processed securely by our payment provider, Shopify Payments.

The Parties may expressly agree on other specific payment terms, in particular payment deadlines, the payment of a deposit or interest-free payment in instalments.

Payments made by the Customer shall only be considered final once the sums due to the Company have actually been received by it.

5.3 – Late payment

In the event of late payment of sums due by the Customer beyond the agreed deadlines, late payment penalties calculated at the statutory interest rate shall automatically and as of right be due to the Company, without any formality or prior formal notice, and without prejudice to any other action that the Company may be entitled to bring against the Customer in this respect.

Late payment shall render all sums owed by the Customer immediately payable, without prejudice to any other action that the Company may be entitled to bring against the Customer in this respect. The Company also reserves the right to suspend or cancel the delivery of orders in progress.

5.4 – Early payment discounts, price reductions, discounts and rebates

No early payment discount will be granted by the Company for immediate payment, or for payment within a period shorter than that set out in these Terms and Conditions or on the invoice issued by the Company.

The Company does not grant any price reductions, discounts or rebates, except under special terms or under the promotional offers and discount codes offered on the Site, in accordance with their terms.

6.1 – Delivery of the Products

Delivery is made to the Customer's home address. The Products are dispatched within two (2) working days of receipt of payment and delivered by Colissimo (La Poste) within a maximum of twenty (20) working days from the completion of the order and, where applicable, receipt of payment. The estimated delivery date shown at checkout is indicative and falls within this maximum period.

The Company shall under no circumstances be held liable, in particular:

• in the event of a delay in or suspension of delivery attributable to the Customer, or in the event of force majeure;
• as a result of an incorrect address provided by a Customer.

The Company will exercise all due diligence and take all necessary care to ensure the proper performance of its obligations.

Where applicable, the Customer signs the delivery note presented by the carrier and checks that the Product conforms in terms of quality and quantity.

6.2 – Delivery times

The Company undertakes to use its best endeavours to meet the delivery or availability times announced to the Customer. However, if the agreed times are not met, the Customer must, by registered letter with acknowledgement of receipt or in writing on another durable medium (for example, an email), call upon the Company to perform the contract within a reasonable additional period. If the contract has not been performed by the end of this new period, the Customer may freely terminate the contract. The Company will refund all sums paid, by credit to the Customer's bank account or by cheque, within fourteen (14) days of termination of the contract.

The Company retains ownership of the Products sold until the price has been paid in full by the Customer, which entitles it to take back possession of said Products.

The risk of loss and damage shall pass to the Customer at the moment when the Customer, or a third party designated by the Customer other than the carrier proposed by the Company, takes physical possession of the Products.

8.1 – Time limits and procedure

For off-premises and distance contracts, the Company, in accordance with the regulations in force, informs the Customer that, where the Customer is a consumer within the meaning of the applicable regulations, they may withdraw from the contract without giving any reason within fourteen (14) days of the day on which the Customer, or a third party (other than the carrier) designated for that purpose, acquires physical possession of the Product.

To exercise the right of withdrawal, the Customer must inform the Company of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or an email). The Customer may use the withdrawal form attached hereto (Article 21), but it is not obligatory. If the Customer exercises the right of withdrawal by email, the Company will send them an acknowledgement of receipt of the withdrawal on a durable medium without delay.

To meet the withdrawal deadline, it is sufficient for the Customer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. The right of withdrawal is exercised without penalty.

8.2 – Effects of withdrawal

If the Customer withdraws, the Company will reimburse all payments received from the Customer, including the costs of delivery (with the exception of any supplementary costs resulting from the Customer's choice of a type of delivery other than the least expensive type of standard delivery offered by the Company), without undue delay and in any event no later than fourteen (14) days from the day on which the Company is informed of the Customer's decision to withdraw.

The Company will make the reimbursement using the same means of payment as the Customer used for the initial transaction. Another means of payment may be used with the Customer's express agreement. In any event, the Customer will not incur any fees as a result of this reimbursement other than the return costs.

The Customer is reminded that, if they withdraw after using the Product(s), they are liable for any diminished value of the Product(s) resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Product(s). According to the European Commission, this means handling that a Customer would not be able to carry out in a shop for Products offered for sale there.

In the event of withdrawal, the Customer must send back or hand over the goods to the Company, packaged in the same way as when received, without undue delay and in any event no later than fourteen (14) days after communicating their decision to withdraw, to the following address:

SARL VALANDRE
Grande Versane
11340 BELCAIRE

This deadline is met if the Customer sends back the goods ordered before the period of fourteen (14) days has expired. In the event of withdrawal, the Customer must bear the direct cost of returning the Product(s).

The Company may withhold reimbursement until it has received back the goods ordered, or until the Customer has supplied evidence of having sent back the goods, whichever is the earliest.

In accordance with Article L. 541-10-8 of the French Environmental Code, the Company takes part in the collection of products covered by the DEA (furniture) extended producer responsibility scheme. Accordingly, when purchasing products from the Company, the Customer is entitled to a free “one-for-one” take-back of their used products, provided that the used product has the same characteristics as the product purchased from the Company, in particular in terms of type and dimensions.

The take-back may be carried out, at the Customer's choice, at the Company's point of sale or by returning the Products at no cost to the Customer. The Customer is invited to contact the Company if they wish to return the Products by post free of charge.

In accordance with Article R. 541-164 of the French Environmental Code, the Company reserves the right to refuse to take back a used product which, as a result of contamination or improper handling, presents a risk to the safety and health of the staff responsible for the take-back. In this case, the Company will inform the Customer of alternative take-back solutions for their product.

10.1 – Legal guarantee

The Products offered for sale comply with the regulations in force in France.

In accordance with the legal provisions, the Products supplied by the Company are covered as of right, and at no additional cost, by:

• the legal guarantee of conformity, for Products that are visibly defective, spoiled or damaged, or that do not correspond to the order;
• the legal guarantee against hidden defects arising from a defect in materials, design or manufacture affecting the Products delivered and rendering them unfit for use, under the conditions and in accordance with the procedures set out in Articles 1641 et seq. of the French Civil Code (Code civil).

10.2 – Customer reviews

Reviews are collected and published via the Judge.me service. Customers may be invited by email to leave a review after their order; any visitor may also post a review from the product page. Reviews linked to an order placed on the Site bear the label “Verified buyer”.

Reviews are published automatically, without prior moderation. Each review shows its publication date. By default, reviews are displayed from newest to oldest. Valandré never alters the content of a review, but may remove a review that is abusive, defamatory, unrelated to the product, contains a third party's personal data or is manifestly false; its author is then informed, with the reason for its removal.

10.3 – General liability

The Company cannot be held liable in the following cases:

• failure to comply with the legislation of the country to which the Products are delivered, which it is the Customer's responsibility to check;
• misuse, negligence or lack of care on the part of the Customer, as well as normal wear and tear of the product, accident or force majeure.

In connection with the contracts of sale concluded between the Customer and the Company, the Company processes the Customer's personal data. The provisions relating to the processing of this personal data are set out in the Privacy Policy, which can be accessed from every page of the Site.

Data hosted by Shopify: the Site uses Shopify to process and host personal data. Shopify Inc. and its subsidiaries process data in accordance with Shopify's privacy terms, available at https://www.shopify.com/legal/privacy.

Newsletter and marketing: if the Customer agrees to receive marketing communications, their data will be processed by Klaviyo in accordance with Klaviyo's privacy policy. The Customer may unsubscribe at any time by clicking the unsubscribe link in the emails.

The Site uses cookies and similar technologies to improve the user experience, analyse traffic and personalise content.

For more details on the use of cookies, please see our Cookie Policy; for the processing of personal data, please see our Privacy Policy.

The Customer can manage their cookie preferences via the consent banner displayed on their first visit, and then at any time via the “Cookie settings” link at the bottom of every page of the Site.

For the avoidance of doubt, the Company owns or holds a licence to exploit all intellectual property rights, in particular in the elements of its Site, its brochures and its Products (hereinafter together “the Works”), covering all rights, all forms of exploitation, representation, reproduction and adaptation, worldwide and for the full term of the intellectual property rights.

The Customer may not claim any right whatsoever in the Works in this respect, which the Customer expressly accepts. In particular, the Customer is prohibited from reproducing, adapting, modifying, transforming, translating, publishing or communicating the Company's Works in any manner whatsoever, whether directly and/or indirectly.

The Site contains links to third-party websites. These websites are not under the control of the Company, which is not responsible for their content, nor for any technical problem and/or security breach arising from a hyperlink placed with or without its formal consent.

It is the Customer's responsibility to carry out all necessary or appropriate checks before entering into any transaction with any of these third parties.

The parties acknowledge that these Terms and Conditions constitute the entire agreement between them and supersede any prior offer, provision or agreement, whether written or oral.

If any provision of these Terms and Conditions is found to be void under an applicable rule of law or a final court decision, it shall be deemed unwritten, without rendering the Terms and Conditions void or affecting the validity of their other provisions.

The fact that the Company does not invoke the application of any clause of these Terms and Conditions, or acquiesces in its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by the Company of the rights it derives from said clause.

The parties expressly agree that these Terms and Conditions are governed by French law.

They are drafted in French. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute.

The parties elect domicile as follows: the Customer at the addresses given when placing their order, and the Company at the address of its registered office.

In the event of a dispute, any complaint must be sent to the Company in writing, by post or by email to postbox@valandre.com.

If the complaint has not been resolved within thirty (30) days, the Customer is informed that, in the event of disagreement, they may have recourse to contractual mediation or to any other alternative dispute resolution method (conciliation, for example).

To this end, the Customer may refer the matter to the following mediator:

C&C-Médiation
37 rue des Chênes
25480 MISEREY-SALINES
www.mediateurconso-bfc.fr

In particular, the mediator may not examine the dispute if:

• the Customer cannot show that they first attempted to resolve the dispute directly with the Company by means of a written complaint;
• the request is manifestly unfounded or vexatious;
• the dispute has previously been examined, or is being examined, by another mediator or by a court;
• the Customer submitted their request to the mediator more than one year after their written complaint to the Company;
• the dispute does not fall within the mediator's remit.

Failing this, all disputes to which these Terms and Conditions may give rise, concerning their validity, interpretation, performance, termination, consequences and any ensuing matters, shall be submitted to the competent courts.

If you wish to withdraw from the contract, you may use the form below.

Notice of withdrawal from an order

Complete and sign this form, then send it by post to the following address:

SARL VALANDRE
Grande Versane
11340 BELCAIRE

Or by email: postbox@valandre.com

“I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:

• Ordered on (*) / received on (*): ______________________
• Name of consumer(s): ______________________
• Address of consumer(s): ______________________
• Date: ______________________
• Signature of consumer(s), only if this form is notified on paper: ______________________”

(*) Delete as appropriate.