GENERAL SALES TERMS AND CONDITIONS BAD SPECIES

Effective as of June 27, 2023 [https://badspecies.fr/eu] is an e-commerce website (hereinafter the "Site") offering for sale clothing, fashion accessories, merchandise, and other products (hereinafter the "Products"). These general terms and conditions of sale ("T&C") determine the terms and conditions under which any natural person, of legal age and legally capable, having the status of consumer within the meaning of the introductory article of the Consumer Code (hereinafter the "Customer"), purchases one or more Products on the Site from the company BAD SPECIES, a simplified joint-stock company with a capital of 10,000 euros, registered with the RCS of Antibes under number 953 024 056, whose registered office is located at 73 Chemin du Vallon Verts, 06600 Antibes (hereinafter "BAD SPECIES"). 1. PREAMBLE The T&C apply to any order for Products placed by the Customer on the Site (hereinafter the "Orders") and constitute the entire agreement between the Parties regarding the Order. Each Order is subject to the Customer's full and unconditional acceptance of the T&C by checking a box provided for this purpose. By checking the box to accept the T&C in order to finalize an Order, the Customer acknowledges having read the T&C and fully understands them and agrees to comply with their contents. BAD SPECIES reserves the right to modify the T&C at any time, without prior notification. The T&C applicable to the Order are those in effect on the date of the Order. In any case, the Customer acknowledges having been provided with the T&C, prior to placing the Order, in a legible and understandable manner, and with all the information listed in Article L. 221-5 of the Consumer Code (seller's contact details, essential characteristics of the Product(s), price, payment methods, delivery date or deadline, applicable warranties, right of withdrawal). 2. PLACING AN ORDER 2.1 Registration The Customer's placing of an Order is not subject to mandatory prior registration on the Site. However, the Customer can create a Customer account, under the conditions provided by the Site's terms of use. 2.2 Products offered The Customer has the option to purchase one or more Products online, among the Products offered on the Site. The description of each Product is specified on its Product sheet. The Products and corresponding prices are valid as long as they are visible on the Site, within the limits of available stocks. If a Product were to be unavailable after an Order, especially in the case of simultaneous orders of the same Product by several Customers, BAD SPECIES undertakes to notify the Customer as soon as possible. The Customer will then have the option to modify or cancel the Order. 2.3 Ordering Process The Customer selects the Product(s) they wish to acquire and clicks on "Add to cart", specifying the desired quantity. When the Customer wishes to order the chosen Product(s), they click on the "Cart" icon (hereinafter the "Cart"). The photos of the Products, their name, unit price, quantity, and the total price of the selected Products, excluding any delivery charges, will then appear. The Products in the Cart can be deleted or modified at any time. 2.4 Order Finalization Once the Customer has checked the contents of their Cart and wishes to place the Order, they can click on "Proceed to payment". The Customer then arrives on a new page, where they enter their email address, delivery address, and phone number, all of which are mandatory for processing the Order. If the Customer has a Customer account, they have the option to log in using their credentials, to avoid having to provide the aforementioned information if it has already been provided. If applicable, the Customer is also invited to enter the references of gift card(s) and/or promotional codes that may apply to their Order. The Customer then clicks on "Continue to shipping", which allows them to choose the shipping method from those offered by BAD SPECIES. Delivery charges are detailed for each proposed shipping method. The Customer then clicks on "Continue to payment" and accesses a page where they enter their payment information. The Customer also accesses a summary of the delivery and billing address, and is asked to specify if the addresses are different and, if so, to make any necessary modifications. The Customer can then click on "Review order", allowing them to access the summary and total price of their Order. It is the Customer's responsibility to check for any errors, after which they confirm having read and accepted the T&C by checking the box "I validate the terms contained in the general terms of sale (Read the T&C)" and express their intention to place the Order by clicking on the payment method they wish to use to pay for their Order and by proceeding with the online payment. At any time, before proceeding with the payment, the Customer has the option to return to previous pages to correct any errors. The Customer then pays the price by Credit Card, Visa, Mastercard, American Express, and Paypal, and once the payment is validated, a confirmation email of the Order is sent to the Customer by BAD SPECIES. This email also recalls the payment terms of the Order. The sale will only be considered final after the Customer receives this confirmation email from BAD SPECIES and the full price is collected, it being understood that the full amount of the Order is collected when the Customer places the Order. 3. FINANCIAL CONDITIONS 3.1 Price of Products The price of each Product is displayed on the Site in the Product sheet, as well as under the photo of each Product. It is indicated in euros including all taxes. The displayed price takes into account any discounts and/or price reductions made by BAD SPECIES. However, the displayed price does not take into account any promotional codes that the Customer may benefit from, which are to be provided at the end of the ordering process. BAD SPECIES reserves the right to modify the price of the Products at any time, it being understood that in any case, the price of the Product paid by the Customer will be the one in effect on the day of the Order. The applicable VAT is the one in effect on the date of the Order. Unless otherwise stated, delivery charges are payable in addition. 3.2 Payment Methods 3.2.1 Credit Card The Customer has the option to pay for their Order by credit card. The following cards are accepted: [CB, Visa, Mastercard, American Express]. The Customer will be redirected to BAD SPECIES' customized payment page on the website of its partner payment service provider. Payment will be made in accordance with the general conditions applicable to the secure payment service of the payment service provider, accessible on its website. 3.2.2 Unable to Debit In the event that debiting the price proves impossible, for any reason whatsoever, the Order will be automatically canceled. 4. DELIVERY 4.1 Deadline The estimated delivery times of the Products are indicated on the Site, on the Product sheets, it being specified that these times are indicative only and are not intended to engage the responsibility of BAD SPECIES. No delay can give rise to compensation or refusal by the Customer to take possession of the Products. Any event likely to have an influence on the delivery of the Order will be brought to the attention of the Customer as soon as possible. 4.2 Modes and Delivery Charges The Customer has the option to choose between the following delivery methods, which differ depending on the category of Products and their weight: [to be completed]. The Customer is informed of the possible delivery methods for their Order as well as the corresponding deadlines and charges for each of these methods. The Customer selects, before validating their Order, the delivery method. The amount of delivery charges is specified when the Customer makes their choice in the ordering process. Delivery charges are waived for any Order over 95 euros including all taxes, it being understood that the price of the Order is understood after applying any discounts and/or reductions. The Customer may be required to pay additional delivery charges if they choose to benefit from express delivery. Depending on the chosen delivery method, the Customer will have the option to track their Order via an order number. 4.3 Country/Delivery Address Products are deliverable in metropolitan France as well as in the Overseas Departments and Territories (DROM-COM). Products are shipped to the delivery address provided by the Customer and in accordance with the chosen delivery method. The Customer must ensure that the information provided is correct, and remains so until complete delivery of the ordered Product(s). BAD SPECIES cannot be held responsible for the inability to deliver the Products in case of erroneous information when the Customer enters their contact details. 4.4 Transfer of Risks The risks of loss or damage to the Products are transferred to the Customer upon delivery of the relevant Products. 4.5 Defects and Claims Upon opening their package, the Customer must immediately check the condition and conformity of the Products with respect to the Order. At the time of delivery of the package, if the Customer finds that the package containing the delivered Products is damaged or open, the Customer shall have the right: - to refuse the package and notify this refusal to the delivery person. - to make an observation to the delivery person. Upon opening the package, the Customer must in particular check the quality and quantity of the Products, their references, their condition, and their characteristics. In the event that the Customer notices a defect in quality and/or conformity of the delivered Products, they will transmit to BAD SPECIES, in writing to the following email address: [bad.species@hotmail.com] and as soon as possible, a request for reimbursement or replacement of the Products, accompanied by the following information: Package tracking number, product designation, photos of the damaged package with the postage clearly visible, photo of the inside of the package, photo of the damaged product. When a Customer wishes to obtain a refund or replacement of a Product, BAD SPECIES requires that the Product be returned in its original condition. This includes that the clothing has not been worn or washed, the labels, accessories, and everything originally provided with the Product. Regarding packaging, it is specified that it is essential to ensure that it is done in a way that protects the Product during transport. This ensures that the Product arrives in good condition at BAD SPECIES and facilitates the refund or replacement process. To this end, the Customer will use suitable packaging considering the nature of the Product and its size, as well as any padding that may be necessary (in particular, bubble wrap, packing peanuts, and/or paper) to absorb shocks and prevent excessive movement of the Product during transport. Once the Product is returned in its original condition, BAD SPECIES will carry out the necessary checks and proceed with the requested refund or replacement. In the event of proven defect in quality and/or conformity, BAD SPECIES will bear the return costs. In all other cases, the Customer is responsible for the return costs of the Product. 5. RIGHT OF WITHDRAWAL Customers have the right of withdrawal in accordance with the provisions of the Consumer Code. They have a period of fourteen (14) calendar days to exercise their right, without having to justify any reason or incur penalties. In the event of exercising their right of withdrawal, the Customer bears the return costs and is responsible for choosing the carrier. The Customer must strictly adhere to the conditions and return procedure of the Products described below: The Customer must return the Product in the same condition as received, as mentioned in Article 4, meaning in its original packaging, or if not available, in packaging ensuring equivalent protection, accompanied by its original label. In accordance with Article L221-28 5°, for hygiene reasons, the consumer cannot exercise their right of withdrawal once the Product has been unsealed, meaning the labels have been removed. BAD SPECIES reserves the right to refuse the return if the returned Product is unsuitable for resale (e.g., incomplete, damaged, or otherwise impaired). All Products are inspected upon return. If the returned Product is damaged, worn, or in poor condition and therefore cannot be resold, BAD SPECIES will not proceed with the refund. Any non-compliant return, empty package, or package not containing the ordered Product will not be eligible for a refund. The Customer has the option to exercise their right of withdrawal by completing the form accessible at the end of the General Terms and Conditions (GTC). The Customer also has the option to contact BAD SPECIES by email to exercise their right of withdrawal, clearly expressing their intention to withdraw and indicating their order number. The return must be exclusively made to the following address: [73 chemin du vallon vert, 06600 Antibes]. BAD SPECIES reserves the right to refuse any withdrawal request initiated beyond the deadlines. BAD SPECIES will proceed with the refund of the returned Product(s) as soon as possible and no later than fourteen (14) days from the effective receipt of the Products. BAD SPECIES will refund using the same payment method used by the Customer for the initial transaction. In accordance with Article L. 221-24 of the Consumer Code, BAD SPECIES is not obligated to refund any additional costs incurred by the Customer if the latter has expressly chosen a more expensive delivery method than the standard delivery method offered on the Site. 6. WARRANTIES 6.1 Legal Warranty of Conformity BAD SPECIES is responsible for conformity defects of the Products as defined in articles L. 217-4, L. 217-5, and L.217-12 of the Consumer Code, reproduced below. Article L. 217-4 of the Consumer Code: "The seller delivers a good in conformity with the contract and is responsible for conformity defects existing at the time of delivery. It also responds to conformity defects resulting from packaging, assembly instructions, or installation when these were put under its responsibility by the contract or were carried out under its responsibility." Article L. 217-5 of the Consumer Code: "The good is in conformity with the contract: 1° If it is suitable for the customary use expected of a similar good and, if 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 has the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or its representative, particularly in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's knowledge, and accepted by the latter." Article L. 217-12 of the Consumer Code: "The action resulting from the conformity defect is prescribed by two years from the delivery of the good." 6.2 Warranty against Hidden Defects Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lesser price, had he known them." Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect." BAD SPECIES is bound by the warranty for hidden defects of the Product sold that would render it unfit for its use or which would diminish its use to such an extent that the Customer would not have purchased it, or would have given it a lower price, had they known about them. When acting on the warranty for hidden defects, the Customer has a period of two years from the discovery of the defect to act. They may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code. 7. INTELLECTUAL PROPERTY All rights, titles, and interests in intellectual property rights relating to the Products are and will remain the exclusive property of BAD SPECIES or third parties authorized by BAD SPECIES to exploit them, of which the Customer is aware. The GTC do not grant the Customer any rights, authorizations, or interests in intellectual and industrial property rights over the Products, in any capacity whatsoever. Violation of the above provisions would expose the violator and any responsible person to criminal and civil penalties provided by law, including damages for infringement of intellectual property rights. 8. PERSONAL DATA As part of the sale of Product(s), BAD SPECIES will have access to the Customer's personal data: name, first name, postal address, email address, phone number. BAD SPECIES will process the Customer's personal data for the following purposes: Facilitate the creation of their Customer account, if applicable; Communicate with the Customer in the context of placing an Order; Deliver the Products; Respond to their requests regarding the Order and/or the Product; And more generally, for the proper management and execution of the GTC. BAD SPECIES undertakes to comply with all regulations and legislation relating to the confidentiality and personal data collected, in particular Regulation (EU) No. 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the "GDPR", and French law No. 78-17 of January 6, 1978, as amended, known as the "Data Protection Act" (together the "Applicable Regulation on the protection of personal data"). BAD SPECIES undertakes not to disclose, assign, rent, or transmit the Customer's personal data to third parties other than (i) subcontractors ensuring the delivery of the Product, and (ii) the financial partner managing the payment of the Order. These act as subcontractors of BAD SPECIES within the meaning of the Applicable Regulation on the protection of personal data, on instructions from BAD SPECIES and under the contractual conditions signed with BAD SPECIES which cannot derogate from this article and which comply with the Applicable Regulation on the protection of personal data. In accordance with the Applicable Regulation on the protection of personal data, and as provided in the Privacy Policy, the Customer has the right of access, rectification, erasure, limitation, and portability of their personal data. The Customer also has the right to object to their data being processed for commercial prospecting purposes by BAD SPECIES, the right to erase their personal data, and the right to lodge a complaint with the National Commission for Information Technology and Civil Liberties if they consider that the processing carried out by BAD SPECIES constitutes a violation of their personal data, online at the following address https://www.cnil.fr/fr/plaintes or by postal mail to the following address: CNIL - 3 Place de Fontenoy - TSA 80715 - 75334 Paris Cedex 7. The Customer's rights over their personal data can be exercised at any time with BAD SPECIES by email at the following address: [bad.species@hotmail.com]. 9. FORCE MAJEURE BAD SPECIES cannot be held responsible for any breach of its contractual obligations as described in the GTC in the event of force majeure, as defined by applicable law. Cases of force majeure suspend the performance of obligations arising from the GTC for the entire duration of their existence. However, if the force majeure event persists for more than fifteen (15) days, the current Order could be canceled. 10. MISCELLANEOUS PROVISIONS Subject to what is expressly provided for in the GTC, no modification or addition shall be taken into account without the prior written agreement. The GTC are concluded intuitu personae. The rights and obligations resulting therefrom may not be assigned or transferred by the Customer, in any capacity whatsoever, without the prior written consent of BAD SPECIES. In the event that a competent jurisdiction considers that a clause of the GTC is not in accordance with the law, the said clause shall be declared null and void, without affecting the validity and effects of the GTC. The failure of one party or the other to invoke, at any given time, any of the provisions of the GTC shall not be interpreted in the future as a waiver of the rights it derives from the present. 11. APPLICABLE LAW – DISPUTES Any Order placed under these GTC is governed by French law. The parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation, or execution of the GTC. Within the limits permitted by law, in the event of persistent disagreement, the dispute shall be submitted to the competent courts. In accordance with articles L. 612-1 et seq. of the Consumer Code, the Customer, before initiating any dispute before the judicial authorities, has the right to freely contact a consumer mediator for the amicable resolution of the dispute that opposes them to BAD SPECIES. The Customer has the option of contacting the following mediator: [operation in progress]. The mediator must be contacted within a maximum period of one (1) year from the date of the written complaint sent by registered letter with acknowledgment of receipt to BAD SPECIES. The submission is made by simple mail or directly on the mediator's website according to the terms indicated on the following link: [to be completed]. For all information on consumer mediation, the Customer is invited to click on the following link: https://www.economie.gouv.fr/mediation-conso. RETRACTION FORM To be sent by email to the following address: [bad.species@hotmail.com] I hereby notify you of my withdrawal from the contract for the sale of the following Product(s): Ordered on: _________________________________________________________________________________ Order Number: ___________________________________________________________________________ Customer's Name: ________________________________________________________________________ Customer's Address: ______________________________________________________________________ Date: ________________ Signature: ________________