Terms of sale

ARTICLE 1: Legal information

This website https://johndalia.com (the "Website") is published by JOHN DALIA, a société par actions simplifiée (simplified joint stock company) whose registered office is at 11 B rue de la Planche 75007 Paris, registered in the Paris Trade and Companies Register under number 530 495 233 (hereinafter the "Company").

To contact us: contact@johndalia.com

Website publisher : JOHN DALIA is the publisher and operator of the website accessible at https://johndalia.com, which is a commercial website for the sale of optical products.

ARTICLE 2: Definitions

• “Order Form”: document summarizing the Products ordered by the User on the Website, which summarizes the Products ordered, the Product Price and the Delivery Charges. The Order Form is generated on the Website at the end of the Order.

• “Delivery Note”: document summarizing the terms of delivery of the Products to the address indicated by the User, on which the User may make written reservations to be transmitted to the Company, or justify full rejection of the Products delivered.

• “Customer”: person wishing to acquire the Products offered for sale by the Vendor.

• “Order”: the purchase by the User of Products offered for sale on the Website.

• “Delivery Costs”: the cost of delivery of the Products to the address indicated by the User, independent of the Price of the Products, which is indicated on the Website before the Order is validated. Delivery costs include the cost of transporting the Product to the delivery address indicated.

• “Withdrawal Form”: document enabling the User to exercise his legal right of withdrawal if applicable, a model of which is appended to these General Terms and Conditions of Sale.

• “Price”: the price of the Products that the User undertakes to pay directly via the Website when ordering the Products selected. The Price of each Product is indicated inclusive of all taxes and does not include delivery costs.

• “Products”: all optical products offered for sale by the Company.

• “Website”: website accessible at https://johndalia.com.

• “Seller”: refers to the company JOHN DALIA.

• “Services”: refers to the marketing of Products by the Company.

• “User”: refers to any person using the Services provided by the Company.

The present General Terms and Conditions of Sale shall be interpreted by applying the following definitions to the corresponding words whenever they are capitalized, whether they are used in the singular or plural:

ARTICLE 3 : Scope of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale apply, without restriction or reserve, to all sales made by the Vendor to consumers and non-professional purchasers ("Customers") (also referred to individually as "a Party" and collectively as "the Parties") wishing to purchase the Products offered for sale by the Vendor on the https://johndalia.com/ website.

In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

These General Terms and Conditions of Sale may be supplemented by special conditions, set out on the website, prior to any transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.

These General Terms and Conditions of Sale are systematically communicated to all Customers prior to placing an order, and shall prevail, where applicable, over any other version or any other contradictory document.

They are accessible at all times on the https://johndalia.com/ website.

The Customer declares that he has read and accepted these General Terms and Conditions of Sale before placing his order. Validation of the order by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website at the time the order is placed.

The present General Terms and Conditions of Sale shall remain in force for an indefinite period.

Modifications to these General Terms and Conditions of Sale are enforceable against users of the https://johndalia.com/ website from the date they are posted online, and cannot be applied to transactions concluded previously.

ARTICLE 4 : Products offered for sale

The Products offered for sale on the https://johndalia.com/ website are as follows:

• Optical items: sunglasses, spectacle frames; optical lenses; sunglasses lenses, spectacle cases, spectacle chains.

The main characteristics of the Products, including all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the https://johndalia.com/ website, the product sheets and the Vendor's catalog.

It is the Customer's responsibility to familiarize himself/herself with this information before placing an order.

The choice and purchase of a Product are the sole responsibility of the Customer.

The photographs and graphics presented on the https://johndalia.com/ website are not contractual and do not engage the responsibility of the Vendor.

The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

Contractual information is presented in French or English and is confirmed at the latest when the order is validated by the Customer.

Product offers are subject to stock availability, as specified when the order is placed.

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties or other local taxes, import duties or state taxes may be payable. They are the sole responsibility of the Customer.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, the Customer has the right, at any time, to access, rectify, oppose, delete and port all of his or her personal data by writing, by post and providing proof of identity, to the Vendor's address, mentioned above. For further information, please refer to the personal data charter.

The Customer acknowledges having the capacity required to contract and purchase the Products offered on the https://johndalia.com/ website.

ARTICLE 5 : Orders

5.1 Placing an order

It is the Customer's responsibility to select the Products he/she wishes to order on the https://johndalia.com/ website, in accordance with the following procedures:

- Any item ordered but not indicated on the order confirmation must be considered as cancelled.

- Certain prices are subject to change. The prices shown on the invoice will be considered final.

- Please note that delivery times are approximate.

- Please confirm that the delivery and billing addresses are correct.

- All other details should be checked and any anomalies reported within 7 days of the date indicated on the order confirmation. If no anomaly is reported in writing within 7 days, this confirmation will be considered accepted.

The registration of an order on the https://johndalia.com/ website is completed when the Customer accepts the present General Terms and Conditions of Sale by ticking the box provided for this purpose, and validates the order. This validation implies acceptance of the entirety of these General Terms and Conditions of Sale, as well as the general terms and conditions of use of the https://johndalia.com/ website.

Once the order has been confirmed by a valid payment method, you will receive an acknowledgement of receipt by e-mail: this e-mail is only an acknowledgement of receipt and does not constitute acceptance of the order.

The sale is final only after the Vendor has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and after the Vendor has received the full price of the deposit due.

Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, on the https://johndalia.com/ website constitutes the formation of a contract concluded remotely between the Customer and the Vendor.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer may track the progress of his order on the https://johndalia.com/ website.

5.2 Product availability

Information on the availability of Products is provided on the Website. Errors or modifications may exceptionally occur, particularly in the event of stock shortage due to a large number of orders for the same Product. In the event that the Product is unavailable after the order has been placed, the Company will inform you as soon as possible, offering you either to order another Product, or to cancel the order. No payment is due until the availability of the Product has been confirmed.

5.3 Order modification

The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is the Customer's responsibility to check the accuracy of the order and to report or rectify any errors immediately.

Once confirmed and accepted by the Vendor, under the conditions described above, the order cannot be modified.

5.4 Order cancellation

Once confirmed and accepted by the Vendor, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of retraction or in cases of force majeure.

ARTICLE 6 - Prices

Products are supplied at the current prices shown on the https://johndalia.com/ website at the time the order is registered by the Vendor. Prices are expressed in Euros, excluding and including VAT.

Prices take into account any discounts granted by the Seller on the https://johndalia.com/ website.

These prices are firm and non-revisable during their period of validity, as indicated on the https://johndalia.com/ website, the Vendor reserving the right, outside this period of validity, to modify prices at any time. They do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the https://johndalia.com/ website and calculated before the order is placed.

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional processing, shipping, transport and delivery costs, as calculated prior to validation of the order by the Customer, shall be borne in full by the Customer.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is issued by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 7 - Financial conditions

7.1 Product prices

Prices are subject to the applicable VAT, and any change in the legal VAT rate will be reflected in the price of the Products presented on the Website, on the date stipulated by the relevant implementing decree.

The Product Price displayed in the shopping basket is always inclusive of all taxes. Delivery costs, including the cost of transport, must be added to the Product Price.

The amount of delivery charges is estimated according to the Products added to the shopping cart and the User's country, depending on the country entered by the User in the delivery address.

The Price is indicated in euros (€) and payment is made in euros.

Any customs duties and taxes will be borne by the User and are not included in the Price paid by the User to the Company.

7.2 Terms of payment

Payment for the Order and the debiting of the User's bank account is made at the time of validation of the Order by the User.

At no time may the sums collected be considered as deposits.

The User explicitly acknowledges his/her obligation to pay when validating the Order.

The Company reserves the right to suspend or cancel any Order and/or delivery in the event of non-payment of any sum due by the User, in the event of a payment incident, or in the event of fraud or attempted fraud.

7.3 Payment methods accepted by the Company

7.3.1 Payment by PAYPAL

When the User chooses to pay by PAYPAL, he/she is redirected to the PAYPAL secure payment platform, to proceed with payment of the Order.

The User undertakes to hold or create a PayPal account for payment purposes and to accept and abide by the terms and conditions of the PayPal User Agreement, which can be accessed at https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full.

7.3.2 Payment by credit card

Payment may be made online by credit card, using the secure online electronic payment service indicated on the Website.

By using the electronic payment system, the User unconditionally accepts these General Terms of Use.

The following credit cards are accepted: Carte Bleue, Visa™, MasterCard™

Bank charges are entirely at the User's expense.

This transaction is secured according to an encryption process and this in order to reinforce and optimize the protection of all personal data linked to this means of payment thanks to scrambling and encryption processes.

7.3.3 Payment by Apple Pay

Payment can be made online using Apple Pay.

By using this payment method, the User agrees to accept and abide by the general terms and conditions of use of the Apple Pay payment service as established by his/her banking institution.

7.4 Common provisions

The Company guarantees the User that it never has access to confidential information relating to the means of payment used by the User to pay for his/her Order.

The User guarantees the Company that he/she has the necessary authorizations to use the chosen method of payment and that he/she has access to sufficient funds to cover all costs arising from the payment of the Order.

In the event of cancellation or refusal of payment, the transaction will be automatically cancelled and the User will be informed of this cancellation by a redirection to a payment failure page which informs the User of the cancellation or refusal of payment on the Website.

Computerized registers, kept in the Company's computer systems under reasonable security conditions, will be considered as proof of all transactions and payments between the Parties.

7.5 Invoice

A hard copy of the invoice for the Products ordered will be sent with the User's Order.

ARTICLE 8 : Delivery of ordered Products

8.1 Place and time of delivery

The countries to which Products can be delivered are indicated at the beginning of the order process. You are invited to select the country to which you wish to be delivered. The Products will be delivered within the delivery times communicated during the ordering process. In the event of late delivery due to unforeseeable circumstances, you are invited to contact us to find out how much longer it will take to deliver your order.

8.2 Late delivery

If your order has not been delivered by the end of the extension period communicated, you may cancel it by sending us a cancellation request to the contact details given in the customer service section below.

You will be reimbursed within fourteen days of receipt of your cancellation request.

You must, however, always ensure that the delivery details provided when placing your order are and remain correct until you receive the Product(s) ordered. You must inform us of any change in delivery information that may occur between order and delivery by sending, without delay, an e-mail to the address indicated in the customer service section below.

In the event of late delivery due to incorrect delivery information, John Dalia cannot be held responsible for late and/or non-delivery. Nor can we be held liable if the non-receipt or late delivery of the Products is due to a case of force majeure as defined by applicable law and competent jurisdictions.

The transfer of ownership of the Vendor's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.

Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products, which therefore travel at the risk of the Vendor, except when the Customer uses a carrier chosen by the Customer, independent of the Vendor, in which case the transfer of risks takes place when the Products ordered by the Vendor are handed over to the carrier chosen by the Customer.

ARTICLE 9 - Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Products to exercise his/her right of withdrawal from the Vendor, without having to justify his/her reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen days (14) of notification to the Vendor of the Customer's decision to withdraw.

Returns are to be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

The right of retraction may be exercised online, using the retraction form available as an appendix to the GTS, immediately communicated to the Customer by the Vendor, or any other unambiguous statement expressing the wish to retract.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery charges will be reimbursed; the cost of returning the Product(s) will be borne by the Customer.

Reimbursement will be made within fourteen (14) days of notification to the Vendor of the withdrawal decision.

ARTICLE 10 - Seller's liability - Warranty

The Products sold on the https://johndalia.com/ website comply with the regulations in force in France, and their performance is compatible with non-professional use.

Products supplied by the Vendor are covered by law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,

• the legal guarantee of conformity, for Products which appear to be defective, spoiled or damaged, or which do not correspond to the order,

• the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,

10.1 Legal warranty of conformity

The Vendor undertakes to deliver goods that comply with the contractual description and the criteria set out in Article L217-5 of the French Consumer Code.

The Seller shall be liable for defects in conformity existing at the time of delivery of the Products and which appear within two years of delivery.

This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code, with prescription starting on the day the Customer becomes aware of the lack of conformity.

Defects of conformity which appear within twenty-four months, or twelve months in the case of second-hand goods, of delivery of the Products are, in the absence of proof to the contrary, presumed to have existed at the time of delivery.

In the event of lack of conformity, the Customer may demand that the Products delivered be repaired or replaced, or, failing this, that the price be reduced or the sale rescinded, in accordance with the legal conditions.

He may also suspend payment of all or part of the price or the remittance of the benefit provided for in the contract until the Vendor has fulfilled his obligations under the legal guarantee of conformity, under the conditions of articles 1219 and 1220 of the French Civil Code.

It is the Customer's responsibility to ask the Vendor to bring the Products into conformity, by choosing between repair or replacement. The goods will be brought into conformity within a period not exceeding thirty days following the Customer's request.

Repair or replacement of the non-conforming Product includes, where applicable, removal and return of the Product, as well as installation of the Product brought into conformity or replaced.

Any Product brought into conformity under the legal conformity warranty benefits from a six-month extension of this warranty.

In the event of replacement of a non-conforming Product where, despite the Customer's choice, the Vendor has not brought the Product into conformity, the replacement shall start a new legal conformity warranty period for the benefit of the Customer, from the date of delivery of the replaced Product.

If the requested compliance is impossible or involves disproportionate costs under the conditions set out in article L 217-12 of the French Consumer Code, the Vendor may refuse to comply. If the conditions laid down in article L 217-12 of the French Consumer Code are not met, the Customer may, after formal notice, pursue compulsory execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.

Finally, the Customer may demand a price reduction or rescission of the sale (unless the lack of conformity is minor) in the cases provided for in article L 217-14 of the French Consumer Code.

If the lack of conformity is so serious that it justifies a price reduction or immediate cancellation of the sale, the Customer is not obliged to first request repair or replacement of the non-conforming Product.

The price reduction is proportional to the difference between the value of the Product delivered and the value of this good in the absence of the lack of conformity.

In the event of cancellation of the sale, the Customer is reimbursed the price paid in return for the return of the non-conforming Products to the Vendor, at the latter's expense.

Reimbursement will be made upon receipt of the non-conforming Product or proof of its return by the Customer, and at the latest within the following fourteen days, using the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise, and in any event at no additional cost.

The foregoing provisions are without prejudice to the possible award of damages to the Customer for any loss suffered by the latter as a result of the lack of conformity.

10.2 Legal warranty against hidden defects

The Vendor is liable for hidden defects within the framework of the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.

The Customer may decide to invoke the warranty against hidden defects in the Products in accordance with article 1641 of the French Civil Code; in this case, the Customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

10.3 Exclusion of warranties

The Vendor may not be held liable in the following cases:

• non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to check before placing an order,

• in the event of misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

In application of the provisions of article D 211-2 of the French Consumer Code concerning legal warranties of conformity and hidden defects:

The consumer has a period of two years from the date of delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a defect of conformity.

During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply.

During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.

The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal warranty of conformity entitles the consumer to repair or replacement of the good within thirty days of his or her request, free of charge and without any major inconvenience to the consumer.

If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer may obtain a reduction in the purchase price by keeping the good, or terminate the contract by obtaining a full refund against return of the good, if :1° The professional refuses to repair or replace the good;2° The repair or replacement of the good occurs after a period of thirty days;3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming good, or if he bears the costs of installing the repaired or replacement good;4° The non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.

The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.

Any period of immobilization of the good with a view to its repair or replacement suspends the warranty which remained in force until the delivery of the reconditioned good.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

Any seller who obstructs the implementation of the legal warranty in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

ARTICLE 11 - Customer service

For any request for information, clarification or complaint, you can contact us to find a solution to your problem. Our customer service department can be reached via the contact form available on the Website. You can also contact us at the following address: contact@johndalia.com

ARTICLE 12 - Protection of personal data

Pursuant to Law 78-17 of January 6, 1978, amended by Law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of his/her order and the preparation of invoices, in particular.

This data may be communicated to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the https://johndalia.com/ website complies with legal requirements for the protection of personal data, and the information system used ensures optimum protection of such data.

In accordance with current national and European regulations, customers have the right to permanent access, modification, rectification, opposition, portability and limitation of the processing of information concerning them.

This right may be exercised under the terms and conditions defined in the personal data charter accessible on the https://johndalia.com/ website.

ARTICLE 13: Authenticating chip system and commercial prospecting

The Company uses a system of authenticating chips which may be inserted in Products.

These authenticator chips, if activated, will link the Product to its owner.

Through these chips, the Company can send commercial prospecting to Product owners.

When these chips are activated, the following information about the person concerned is collected:

• Last name

• First name

• e-mail address

The persons concerned can thus join the JOHN DALIA member club and may receive commercial prospecting, in particular promotional offers by e-mail.

The rules governing commercial prospecting between professionals and consumers apply.

The person concerned may receive advertising by e-mail on condition that they have explicitly given their consent before being canvassed.

Consent must be free, specific, informed and unambiguous. To be valid, it requires a positive and specific action on the part of the person concerned.

One of the exceptions to the requirement to obtain consent is when the person is already a customer of the company and the prospecting concerns similar products or services supplied by the same company.

ARTICLE 14 - Intellectual property

JOHN DALIA is a trademark registered with the EUIPO under the number 011397668.

The Company is the exclusive owner of the intellectual property rights to the Products and the Website, and in particular to all the texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Website , as well as its databases, of which it is the producer.

All these intellectual creations are protected by copyright, trademark law, patent law, sui generis database law and image rights, worldwide.

These creations are the full and complete property of the Company.

Commercial partners must obtain the Company's agreement each time they wish to use elements of the JOHN DALIA brand (name, logo, product photos, etc.).

However, the Company grants Users a license to reproduce and display the contents of the Website, but solely and strictly for their personal use in connection with viewing the Website and using the Services.

This license excludes, however, the right of Users to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights to any content appearing on and via the Website.

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

Any other use constitutes an infringement and is punishable under the Intellectual Property Code unless prior authorization has been obtained from the Company.

As a reminder, it is strictly forbidden to create a hypertext link to the Website using the "framing" or "deep-linking" technique.

Any form of total or partial copying, aspiration and reproduction of the database produced and operated by the Company on the Website is strictly forbidden without its prior written consent.

The Website may contain hypertext links and/or hyperlinks to sites published and hosted by third-party servers, and in particular advertising banners, which are not managed by the Company and over which it has no control.

In this respect, the Company declines all responsibility for the legal consequences of accessing these sites from the Website.

Similarly, the Company cannot technically prevent any website from containing hypertext links and/or hyperlinks to the Website it publishes.

In this respect, the Company declines all responsibility for the legal consequences of access to its Website via other websites over which it has no control or effect.

The use of hypertext links and/or hyperlinks pointing to the Website is authorized by the Company strictly for the purpose of promoting the Website and the Company's Services, provided that the integrity of the Website is preserved and that there is no risk of confusion between the Website and sites published by third parties.

With this in mind, the Company formally forbids any User to use the techniques known as "framing", "inline linking" and "deep-linking" involving the unauthorized slavish reproduction of the content of the Website and its integration on web pages published by third parties.

ARTICLE 15 - Unforeseen circumstances

In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.

ARTICLE 16 - Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the French Civil Code.

ARTICLE 17 - Termination conditions

We remind you that, in accordance with legal provisions, termination of the contract by electronic means is possible when the contract has been concluded by electronic means or when, on the day of termination, the Vendor offers Customers the possibility of concluding contracts by electronic means.

To this end, a free function is made available to the Customer, enabling him to carry out, by electronic means, the notification and all the steps necessary to terminate the contract, receipt of which must be acknowledged by the Vendor by informing the Customer, on a durable medium and within a reasonable period of time, of the date on which the contract is terminated and the effects of the termination.

ARTICLE 18 - Applicable law - Language

These General Terms and Conditions of Sale and the operations arising therefrom are governed by French law.

They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 19 - Disputes

Any difficulty arising from the interpretation and/or execution of the present contract shall be submitted to the judgment of the competent courts of Paris, to which jurisdiction is expressly assigned, the only applicable laws being French law.

ARTICLE 20 - Pre-contractual information - Customer acceptance

The Customer acknowledges having been informed by the Vendor, in a legible and comprehensible manner, by means of the present General Terms and Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of article L 221-5 of the French Consumer Code:

• on the essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity enabling him to acquire the Products with full knowledge of the facts, in particular with regard to their conditions of use. The photographs and graphics presented are not contractual and do not engage the responsibility of the Vendor. The Customer must refer to the description of each Product in order to know its properties and essential particularities.

• on the price of the Products and the application of a personalized price based on automated decision-making and ancillary costs or, in the absence of payment of a price, on any advantage provided instead of or in addition to the latter and on the nature of this advantage;

• the terms of payment, delivery and performance of the sales contract;

• in the absence of immediate execution of the sale, on the delivery deadlines for the Products ordered;

• the Seller's identity and contact details;

• the existence and terms of warranties (legal warranty of conformity, warranty against hidden defects, any commercial warranties) and, where applicable, after-sales service;

• the possibility of having recourse to a consumer mediator, whose contact details appear in these General Terms and Conditions of Sale, under the conditions laid down in the Consumer Code.

• on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), cancellation procedures, handling of complaints and other important contractual conditions and, where applicable, on the costs of using distance communication technology, the existence of codes of good conduct and deposits and financial guarantees;

• accepted means of payment.

The fact that a Customer places an order on the Website https://johndalia.com/ implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document which would be unenforceable against the Vendor.

APPENDIX 1 - Withdrawal form

The present form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://johndalia.com/, except in the case of exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.

For the attention of JOHN DALIA SAS

11 B Rue de la Planche

75007

Paris

contact@johndalia.com

I hereby give notice of withdrawal from the contract for the order of the following products:

• Ordered on ....... / Received on .........

• Order number: ...........................................................

• Customer name: ...........................................................................

• Customer address: .......................................................................

Customer's signature (only if this form is sent on paper) :

Date: .................................