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General Terms and Conditions of Sale

Preamble
These general terms and conditions of sale (hereinafter, the "General Terms and Conditions of Sale") are intended to govern the contractual relationships that may arise on the occasion of the use of the services offered on the Friends and Family Society website. This website notably allows the purchase of products offered for sale by Friends and Family Society on its website www.cop-room.com.


Article 1 – Purpose of the General Terms and Conditions of Sale

The General Terms and Conditions of Sale apply exclusively to all products (hereinafter, the "Products") as detailed in article 5 and posted on www.cop-room.com (hereinafter, the "Website"), as well as to Contracts (hereinafter, the "Contracts") concerning the sale of Friends and Family Society Products to buyers established in France and/or in a member country of the European Union and having the status of consumer and non-professional within the meaning of the Consumer Code (hereinafter, the "Buyer(s)").

These General Terms and Conditions of Sale constitute, together with the online order and the General Terms of Use available on the Website, the contractual documents binding on Friends and Family Society and Buyers, i.e., the parties, to the exclusion of any other document, brochure, catalog, or photograph, which have only informative and indicative value.

The General Terms and Conditions of Sale are written, as well as all contractual or informational information mentioned on the Website, in French.
Access to the Website is free and open to anyone with lawful access to the internet.

Article 2 – Availability and enforceability of the General Terms and Conditions of Sale

The General Terms and Conditions of Sale are available and directly accessible on the Website. They can be sent by email to any professional Buyer, consumer or non-professional who requests them. This request must be made by email to contact@cop-room.com.
The General Terms and Conditions of Sale are binding on Buyers who, before placing an order and by checking a box provided for this purpose, acknowledge having read these General Terms and Conditions of Sale.
The validation of the order upon receipt, by the Buyer, of the confirmation of their order constitutes the Buyer's acceptance of the General Terms and Conditions of Sale in effect on the day of the order.
In accordance with article 1127-2 of the Civil Code, Friends and Family Society retains the General Terms and Conditions of Sale and ensures their reproduction.


Article 3 – Modification of the General Terms and Conditions of Sale

Friends and Family Society reserves the right to modify these General Terms and Conditions of Sale at any time and solely for the purpose of ensuring compliance with current legislation.
In case of modification, the General Terms and Conditions of Sale applicable to the order or sale of products are those accepted by the Buyer on the date they checked the box confirming their acknowledgment of the General Terms and Conditions of Sale. At the Buyer's request, a copy of the version in effect on that date can be provided.

Article 4 – Clauses of the GTC
All clauses of these General Terms and Conditions of Sale are binding on the Buyer.
The nullity of a contractual clause does not entail the nullity of the General Terms and Conditions of Sale, unless this clause was decisive for the consent of one of the parties to conclude the Contract.
The spontaneous, temporary, or permanent non-application by Friends and Family Society of one or more clauses of the General Terms and Conditions of Sale does not constitute a waiver by it of the other clauses of the General Terms and Conditions of Sale, which continue to produce their effects.


Article 5 – Products

5.1 – Product characteristics
Products are understood, within the meaning of these General Terms and Conditions of Sale, as any goods that may be the subject of a Contract and presented on the Website for sale.
Products are presented in the catalog available on the Website. Each of these Products is described individually and this description (hereinafter, the "Description") is available to the right of the product image. The Description of each product mentions its essential characteristics within the meaning of article L111-1 of the Consumer Code, namely: Size, color, condition.
Friends and Family Society commits that the photographs illustrating the Products reproduce these Products as accurately as possible. However, these photographs do not constitute a contractual document.

5.2 – Precautions for use of Products
The precautions for use of the Products are detailed in the Description. Friends and Family Society commits to providing the buyer with all useful information for the proper use of the Product.


5.3 – Product compliance
Products comply with the provisions of the applicable French law. Thus, they comply with the provisions relating to the safety and health of individuals, the fairness of commercial transactions, and consumer protection from their first market release.

5.4 – Stock
Products are offered as shown in the Website catalog and sold within the limits of available stock.
In case of Product unavailability due to insufficient stock, Friends and Family Society immediately informs the Buyer on the Website catalog.

After an order is placed by the Buyer, in case of Product unavailability due to a stock error, Friends and Family Society directly informs the Buyer and offers a Product of equivalent quality and price. If the Buyer does not accept, Friends and Family Society provides a voucher for the amount of the order usable for any future order. In case of disagreement by the buyer, Friends and Family Society refunds the amounts paid by the buyer within three (3) months.

Apart from the refund of the price of the unavailable Product, Friends and Family Society is not liable for any cancellation compensation, unless this cancellation results from a failure to fulfill its contractual obligations.

Article 6 – Price

6.1 – General provisions on price
The sale prices of the Products presented in the catalog on the Website are indicated, for each of them, in euros including all taxes, excluding delivery and shipping fees. The Product sale price is the one in effect on the day of the order, as presented in the catalog on the Website.
Delivery and shipping fees will be clearly displayed on the Website and will be reminded to the Buyer during the ordering process and before validation of the order. They will be charged to the Buyer in addition to the Product price.
The total amount due by the Buyer is indicated on the order confirmation page, before validation of the order.
In the case of price promotions, Friends and Family Society displays the promotional price in the catalog on the Website while leaving the original sale price visible. The promotional price is applied to any order placed during the promotion period.

The period during which the promotion is maintained is clearly visible on the Website.

6.2 – Price modification
Friends and Family Society reserves the right to modify its prices at any time. However, it guarantees the Buyer the application of the price in effect on the day the order is validated.

Article 7 – The offers

7.1 – Geographic scope of the offers
The online sales Contracts for Products presented on the Website are reserved for Buyers residing in France and/or in a member country of the European Union and for deliveries within these same geographic areas.

7.2 – Description of the offers
7.2.1 – Presentation of the offer
Friends and Family Society presents, in the catalog on its Website, sales offers of Products intended for any Buyer.

7.2.2 – Acceptance of the offer
The Buyer accepts the offer after implementing the double-click process. By this process, the Buyer validates their order once, then confirms their order later.

7.2.3 – Duration of the offer
The offer is valid, unless otherwise indicated, as long as the Products are listed in the catalog and within the limits of available stock.

Article 8 – Buyer's order

8.1 – Order steps
The Buyer, to place an order, proceeds as follows:
- (i) fills their virtual cart with the quantity of products they have selected from the Website catalog;
- (ii) verifies the details of their order and the total price in their virtual cart and may, if they change their mind or wish to correct any errors, modify their order using the option to go back to previous pages;
- (iii) places their order by clicking the "order" button; and
- (iv) provides their personal information allowing delivery of the Product and payment for it; then
- (v) confirms their order after having read the General Terms and Conditions of Sale; and
(vi) receives, as soon as possible and by email, an acknowledgment of receipt of their order thus forming the contract and confirming payment.

8.2 – Order modification
Any modification of the order by the Buyer after confirmation by the double-click process is subject to acceptance by Friends and Family Society. This acceptance must be requested by the Buyer by email at the following address: contact@cop-room.com.

Friends and Family Society's response is communicated to the Buyer within 72 hours.

In the absence of agreement, the order is canceled and the amounts paid by the Buyer are refunded.

8.3 – Order validation
Friends and Family Society reserves the right to refuse any order for legitimate reasons such as abnormal quantity of products ordered, particularly in the case of a very large quantity.

8.4 – Obligation to pay

In accordance with Article L221-14 of the Consumer Code, Friends and Family Society ensures that the consumer, when placing their order, explicitly acknowledges their obligation to pay.

By confirming their order on the site www.cop-room.com, the Buyer acknowledges that this is an order with an obligation to pay.

Article 9 – Contract

9.1 – Conclusion of the contract
The sales contract is formed at the time the Buyer sends the confirmation of their order.

9.2 – Archiving and proof
The archiving of communications, order forms, and invoices is carried out on a reliable and durable medium. A reliable copy of these documents reproducing them identically is also kept on this medium.
These documents may be produced as evidence of the contract.

9.3 Termination of the contract
The order may be terminated by the Buyer by registered letter with acknowledgment of receipt or in writing on a durable medium in case of:
- delivery of a product not conforming to the characteristics of the Product declared by Friends and Family Society on the Website catalog; or

- delivery exceeding the deadline set in the order form or, failing such a date, within thirty days following the conclusion of the Contract, after Friends and Family Society has been ordered, under the same conditions and without result, to make the delivery within a reasonable additional period.

In all cases, the Buyer who terminates the contract may demand a refund of the amount paid plus interest calculated at the legal rate from the date of receipt of the price.
The order may be terminated by Friends and Family Society in case of:

- Buyer’s refusal to take delivery; and/or
Non-payment of the price (or balance of the price) at the time of delivery;

Article 10 – Payment

10.1 – Due date
The price is payable in full after order confirmation. No amount will be paid before order confirmation.

10.2 – Additional payment
No additional payment can be made after payment of the price.

10.3 – Payment Security
The Website is equipped with an online payment security system allowing the encryption of the Buyer's bank data transmission.

10.4 – Late Payment
Any amount unpaid at maturity produces, without formal notice, interest at the legal rate in force on the day the order is placed.

10.5 – Non-Payment
Friends and Family Society reserves the right, when the agreed price is not paid on time, either to demand the execution of the sale or to terminate the contract by registered letter with acknowledgment of receipt.

10.6 – Retention of Title Clause
Friends and Family Society remains the owner of the sold Product until payment of the price by the Buyer and undertakes, as long as ownership has not been transferred to the Buyer, to take all useful precautions for the proper preservation of the Product.

Article 11 – Delivery

11.1 – Definition
Delivery means, in accordance with the provisions of the Consumer Code, the transfer to the Buyer of physical possession or control of the good.

11.2 – Delivery Timeframe
Friends and Family Society undertakes, in accordance with the delivery deadline indicated on the Website, to deliver the ordered Product within 15 days after order confirmation.

In the case of very rare pairs on the market or in certain exceptional cases, deadlines may be extended. In such cases, the customer is automatically notified.

11.3 – Delivery Delay
When the ordered Product is not delivered on the date or by the expiry of the period mentioned on the order form, the Buyer may, in accordance with article 9.3 of the General Terms of Sale and after unsuccessfully urging Friends and Family Society to fulfill its delivery obligation within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or by writing on another durable medium.


11.4 – Place of Delivery
The Product(s) is/are delivered to the address indicated by the Buyer when creating their account on the Website.

11.5 – Delivery Terms
Delivery is made by direct handover of the product to the Buyer or, failing that, by Friends and Family Society sending a notice of availability to the Buyer.

The Buyer must proceed with the pickup of the ordered Product within fifteen (15) days from the notice of availability.
In the absence of pickup within the indicated time, Friends and Family Society may, after formal notice to the Buyer remains ineffective, proceed with the pickup and automatically cancel the order.

When the Product is delivered to the address indicated on the order form by a carrier, it is the Buyer's responsibility to check, in the presence of the delivery person, the condition of the delivered Product and, in case of damage or missing items, to make reservations on the delivery note or on the transport receipt, and possibly to refuse the product and notify Friends and Family Society within a reasonable time.


Article 12 – Legal warranty of conformity and warranty against hidden defects

12.1 – Information relating to the legal warranty of conformity and the warranty against hidden defects
In accordance with article L211-2 of the Consumer Code, the General Terms of Sale determine the methods of implementation of the legal warranty of conformity and the warranty relating to defects of the sold item as well as its content.
All Products are covered by the legal warranty of conformity and the legal warranty against hidden defects.

12.2 – Application of the legal warranty of conformity
In application of article L217-4 of the Consumer Code, Friends and Family Society undertakes to deliver a Product conforming to the contract and is responsible for defects of conformity existing at the time of delivery as well as those resulting from the packaging.

It is understood that under article L217-5 of the same code, the Product conforms to the contract (i) if it corresponds to the description made on the Website in the Product catalog and it presents the qualities that the buyer can legitimately expect following public statements by Friends and Family Society, as well as producers and representatives of the Product, except when Friends and Family Society is not legitimately able to know said statements and (ii) if it is suitable for the use sought by the Buyer.

If, under the conditions provided in articles 11.5 and 11.6 of the General Terms of Sale, the Product does not conform to the contract, the Buyer is entitled to take action for conformity for two years from the delivery of the Product, except:
- if it was aware of the defect at the time of contracting;
- if it could not have been unaware of the defect at the time of contracting;
- when the defect results from materials it has supplied itself.

12.3 – Application of the legal warranty against hidden defects
In accordance with the legislation on the warranty against hidden defects, Friends and Family Society undertakes to guarantee the Buyer against hidden defects of the Product making 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 lower price if they had known about them.

It is agreed that the legal warranty to which Friends and Family Society is bound covers all costs incurred by hidden defects.

It is reminded that Friends and Family Society is in no way obliged to guarantee the buyer against apparent defects which the latter could have verified themselves and that the defect must be prior to the sale.

Under the legal warranty for hidden defects, the Buyer may, within two years from the discovery of the defect:
- return the Product and get the price refunded; or
- keep the Product and request a partial refund from Friends and Family Society.


12.4 – Claims
Claims under legal warranties must be sent by email to the following address: contact@cop-room.com
Products subject to this warranty must be returned new, complete, and in their original condition and packaging after receipt and confirmation of the claim by customer service.
If applicable, the Buyer will be reimbursed for return postage costs no later than thirty days after Friends and Family Society receives the Product.


12.5 – Applicable Law to Legal Warranties
Article 12 of the General Terms and Conditions of Sale applies to buyers residing in a European Union member state other than France without prejudice to more favorable legislative provisions in that state.

Article 13 – Liability

13.1 – Exemption from Liability
Friends and Family Society's liability cannot be engaged in case of non-performance or poor performance of the contract due to (i) the Buyer’s fault or (ii) an insurmountable and unforeseeable act of a third party to the contract or (iii) force majeure, it being understood that force majeure is an unforeseeable, irresistible, and external event to Friends and Family Society and that temporary prevention only suspends the execution of its obligation, unless the resulting delay justifies contract termination, while definitive prevention results in automatic contract termination.

Friends and Family Society's liability cannot be engaged for non-compliance of the Product with the legislation of the Buyer's country, who must verify if the product is not prohibited for sale in their country.


13.2 – Product Safety Defect
Friends and Family Society is not responsible for damages caused by the Product due to a safety defect. If applicable, the Buyer should seek liability from the identifiable manufacturer using the information mentioned on the product packaging.

Article 14 – Termination clause

In cases provided for by the General Terms and Conditions of Sale, the sale will be terminated by simple registered letter with acknowledgment of receipt. The termination will be acquired by operation of law without the need to resort to judicial formalities.

Article 15 – Right of withdrawal

15.1 – Terms of exercise of the Buyer's right of withdrawal
In accordance with the provisions of the consumer code, the Buyer has a period of fourteen (14) days from the delivery of the Product to exercise their right of withdrawal, without having to justify reasons or pay penalties.
The Buyer communicates their decision to exercise their right of withdrawal by filling out the form found in Annex 1 (hereinafter, the Withdrawal Form) at the following address: contact@cop-room.com.
After acceptance of the request on the Return Portal, the Buyer has another period of fourteen (14) days to return the Product concerned. The Product is returned under the conditions of article 12.4 of the General Terms and Conditions of Sale.
The return costs of the Product concerned by the exercise of the Buyer's right of withdrawal are borne by the latter.
The exercise by the Buyer of their right of withdrawal within the aforementioned deadlines results in a refund of the price of the Product concerned by the exercise of the right of withdrawal. Friends and Family Society proceeds with the refund of the Product no later than fourteen (14) days from the date of receipt of the Withdrawal Form by bank transfer to the account used to purchase the Product at the time of order confirmation.

The refund does not incur any costs for the Buyer.

15.2 – Buyer's liability commitment in case of use of the Product before exercising the right of withdrawal
The use of the Product by the Buyer before exercising their right of withdrawal exceeding the manipulations necessary to establish the nature, characteristics, and proper functioning of the Product that the buyer could normally perform in a store engages the Buyer's liability to the extent of the depreciation of the Product.

Article 16 – Intellectual Property

All elements reproduced on the Website and in the General Terms and Conditions of Sale are the exclusive property of Friends and Family Society, the publisher of the Website, and are protected by copyright law, trademark law, and patent law. The protection applies for the legal duration of protection and worldwide.

Any reproduction and distribution of these elements, without prior written authorization from Friends and Family Society, the publisher, exposes offenders to legal action.

Article 17 – Processing of Personal Data
The processing of personal data collected is for order management and commercial exploitation purposes.
In accordance with the Data Protection Act, the Buyer has the right to access, rectify, portability of their personal data, and the right to be forgotten. The data controller is Dan Savdié.
The Buyer may, by giving prior consent through a checked box when validating their order, receive marketing emails or SMS from Friends and Family Society. The Buyer can change their choice and unsubscribe by clicking the unsubscribe button at the bottom of each email received from the Website for emails and by sending an SMS with the word "STOP" for SMS received from the Website.

It is understood that the Buyer who does not wish to be subject to any form of telephone commercial solicitation can register for free on the Bloctel opposition list on the website bloctel.gouv.fr.
The Buyer who does not wish their contact details to be reused for commercial purposes informs Dan Savdié.

Article 18 – Right to Mediation

The Buyer is free to exercise their right to mediation to amicably resolve a dispute with Friends and Family Society.

In case of dispute, they must first contact Friends and Family Society, 5T Avenue Foch, 94160 Saint-Mandé, or by email at contact@cop-room.com.
Contact can be made at any time by email, or by phone from Monday to Friday (excluding public holidays), from 9:00 a.m. to 5:00 p.m.

In case of failure of the complaint request with the aforementioned service, or absence of response within two (2) months, the Buyer may submit the dispute relating to the order or the General Terms and Conditions of Sale to the following consumer mediator:

Center for Consumer Mediation of Justice Conciliators (CM2C)
14 rue Saint-Jean – 75017 Paris
https://www.cm2c.net

The mediator can be contacted free of charge for any unresolved consumer dispute with Friends and Family Society.

The consumer may also use the European online dispute resolution platform (ODR), accessible at the address:
https://ec.europa.eu/consumers/odr

Article 19 – Jurisdiction

Failing an amicable agreement, the buyer may bring the dispute before the court concerning the existence, interpretation, conclusion, execution, or termination of the Contract as well as all documents related to this Contract.
The competent court will be that of the defendant's place of residence or that of the actual place of delivery of the Product.

Article 20 – Applicable Law

The General Terms and Conditions of Sale and the Contract formed after order confirmation are subject to French law.

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