OUR GENERAL CONDITIONS OF SALE

"Our Terms and Conditions of Sale are based on a free template that can be downloaded from https://www.donneespersonnelles.fr/"

WI-PARIS manufactures and markets Products under the WI-PARIS brand, exclusively for consumers and resellers.

The Products are marketed via the CXMP.com Site

These Terms and Conditions govern the act of sale between WI-PARIS and its reseller.

The company ARANXIAS/WI-PARIS, a limited liability company, whose registered office is at 81 rue de l'Amiral Roussin, 75015 Paris, with a 50,000 euro share capital, registered in the Paris Trade and Companies Register under number 831 039 904 R.C.S Paris, represented by Ms Jaky SAINSILY, as Manager, duly authorised for the purposes hereof (“WI-PARIS”).

WI-PARIS can be reached by email at [email protected].

Article 1: Definitions

For the purposes of these T&Cs, the following definitions will apply to all capitalized, singular and plural terms:

• “Customer”: the consumer, WI-PARIS customer on the Site.

• “Order”, “Commander” or “Order”: the process of ordering a Product(s) by the Customer, from WI-PARIS, on the Site.

• “Account” means the Customer’s account, enabling Ordering on the Site, accessible by its username and password, and containing its personal information and history.

• “Terms and Conditions” or “GTC”: this document.

• “Personal Data” means personal data collected and processed by WI-PARIS.

• “Party”: WI-PARIS and/or the Customer, taken individually and/or collectively.

• “Privacy Policy” means the WI-PARIS Privacy Policy, accessible on the Site.

• «Product»: the product or products marketed by WI-PARIS on the Site. These can be products that are ready to wear, or pre-order from options chosen by the Customer. They consist mainly of swimwear, beach clothing and beach accessories.

• “Site” means the website www.CXMP.com, its components, and any other support of the site, such as a mobile application.

Article 2: Purpose

These Terms and Conditions define the conditions under which WI-PARIS will sell its Products to Customers on the CXMP.com Site

The price of the Products indicated on the Site is provided in euros all taxes included, including VAT as well as any other applicable tax on the date of Order.

The price of the Products will be detailed at the time of each Order.

It will be necessary to add, if necessary, shipping costs, as described on the Site.

For all Orders where the billing or delivery address is indicated outside the European Union and/or DOM-TOM, the price is calculated excluding tax at the time of the Order. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases, and are borne by the Customer, who must ensure the declaration and payment to the competent authorities, under his own responsibility.

The Customer is responsible for keeping himself informed of the formalities and rights to be settled, and WI-PARIS will not be held responsible for this.

WI-PARIS is free to change its prices at any time, but undertakes to apply to any Order the price validated by the Customer.

The Customer supports the price of access to the Site (internet access, computer terminal).

All payments are made net and without discount.

Payment is due immediately upon Order, including for Products on pre-order.

Article 3: Rules Governing GTC

The Customer undertakes to read these Terms carefully before using the Site.

The Customer must be a natural person of full age and have legal capacity in his country of residence.

If WI-PARIS is informed that a Customer does not respect the terms previously indicated, WI-PARIS may cancel any Order without notice and without incurring any liability.

WI-PARIS reserves the right to modify the Terms and Conditions at any time, by notifying the Customer by email or by notification at his next connection on the Site.

In the absence of acceptance of the Terms and Conditions modified by the Client, WI-PARIS, the Client may delete its Account.

In order to place Order on the Site, the Customer must read and accept these Terms and Conditions.

This acceptance will be expressed by ticking the box corresponding to the phrase of acceptance of these Terms and Conditions during the validation of the order, having for example the mention "I acknowledge having read and accepted all the Terms and Conditions" or another equivalent mention.

The terms and conditions applicable to the Product Order are those accepted by the Customer at the time of the Order.

3.1. Order Error

WI-PARIS shall not be liable under any circumstances for any error in the choice of Product, of any option related to the Product, of any error in the Customer’s entry during the Order, or of any other information provided which would prove to be erroneous, or their possible consequences, in particular delays or delivery errors. In this case, if WI-PARIS accepts, on a commercial basis, a redirection, the costs incurred by a possible redirection will be borne by the Customer.

3.2. Inventories

WI-PARIS undertakes to honour the Customer’s Order within the limits of the stock of Products available only.

Product stocks are indicated on the page of each Product or prior to the Order.

By ordering the Product, the Customer accepts the deadlines indicated by WI-PARIS, especially if the Product is pre-ordered, manufactured on request or is not in stock on the Order date.

In case of an Order of a Product in stock, the minimum delivery time is ten (10) calendar days but may be longer.

In case of Order of a Pre-ordered Product, Product on request or not in stock, the minimum delivery time is one (1) calendar month but may be longer.

The Products are all in limited editions, and often in small quantities.

Certain Products are available for pre-order, either because of certain options specific to the Customer’s choice, or because of limited quantities available, This implies a greater delivery time related to the manufacture of the Product started once the Order has been placed.

The Customer is solely responsible for ensuring that the option of the Product he chooses, if any, is the relevant option for his need.

In case of unavailability of a Product for pre-order, for a period of more than one (1) month, the Customer will be immediately notified of the foreseeable delivery times and the Product Order may be cancelled upon request to the Customer service. The Customer may then request a credit note for the amount of the Product or its refund, which will be made within fourteen (14) days.

3.3. Legal guarantees

The essential characteristics of the Products are detailed on the page of each Product on the Site.

Photographs of the Products are provided for informational purposes only and have no contractual value. They must not be considered by the Customer as a determining element of the consent to place Order. WI-PARIS cannot be held responsible if the Products delivered are not identical in all respects to those presented on the Site.

The Customer is informed and agrees that the Products are handmade, which will be specified on the Site, which may cause differences between the specifications of the Product and the Product as delivered.

The Customer is invited to read any information attached to the Product or written on the Product or its packaging, including information related to, any precautions to be taken, conditions and restrictions of use.

The Customer is obliged to ensure that the Products correspond to his expectations and needs, prior to the Order.

The Products are manufactured in compliance with the Community rules applicable to them.

The Products marketed by WI-PARIS are subject to the legal guarantees of the Consumer Code and the Civil Code, and more particularly articles L.217-4 to L217-14 of the Consumer Code (guarantee of non-conformity) or articles 1641 to 1649 of the Civil Code (guarantee of hidden defects).

Non-compliance is defined as:

• The property is unsuitable for the usual intended use of a similar property;

• The property does not correspond to the description given by WI-PARIS;

• The property does not have the qualities announced by WI-PARIS.

In case of non-compliance of the Products or application of the warranty of hidden defects, the Customer must notify WI-PARIS of the defects of the Product, including a detailed explanation of the problem encountered.

If the complaint falls within the scope of the lack of compliance or a hidden defect, WI-PARIS may then, at the Customer’s choice:

- Either deliver a Product of equivalent quality and price, within the limits of available stocks.

- Either refund the price of the Product Ordered within thirty (30) calendar days of receipt of the Product by WI-PARIS. This refund will be made to the Customer’s bank account, the information of which will be provided by the Customer to WI-PARIS.

The Customer has a period of two (2) years from the Order to implement this guarantee.

The delivery costs of a new Product will be borne by WI-PARIS.

In case of implementation of the guarantee, the Customer must contact the Customer Service at the email address in these Terms and Conditions.

WI-PARIS will then inform the Customer of the procedure to be followed for the return and, if applicable, the refund of the Product.

Article 4: Risks and Ownership

The Products are the property of WI-PARIS until full payment of the Order by the Customer.

The risks on the Products are transferred from WI-PARIS to the Customer upon signature of the delivery report of the Order by the Customer.

Article 5: Delivery

5.1. Terms of delivery

The terms of delivery will be indicated on the Site and validated by the Customer during the Order.

5.2. Delivery charges

The delivery costs will be indicated to the Customer before any payment and are charged in addition to the price indicated on the Site.

If the Order contains other Products not subject to this offer, delivery costs may be charged in proportion to the Products not subject to this offer, at the discretion of WI-PARIS.

5.3. Place of Delivery

The Site has no geographical limitation of delivery, Orders can be shipped worldwide.

The shipping costs vary according to the place of delivery, appear on the Site, and are indicated to the Customer before the Order.

The delivery will be made at the place indicated by the Customer at the time of his Order, who must ensure that he has not made an error in entering his place of delivery.

The Customer undertakes to provide factual information to enable delivery of the Order.

5.6. Refusal of packages

The Customer or the person receiving the Order may refuse a parcel at the time of delivery if he finds an anomaly concerning the delivery (damage, Product missing in relation to the delivery note, damaged parcel, Product broken, etc.). Any anomaly must then be indicated on the delivery note, in the form of handwritten reservations, accompanied by the signature of the Customer or the person receiving the Order.

To exercise its right of refusal, the Customer or the person receiving the Order must open the damaged or defective parcel(s) in the presence of the carrier and have the carrier take back the deteriorated goods, or at the latest return the parcel under seven (7) calendar days from delivery.

Failing to comply with these requirements, the Customer will not be able to exercise its right of refusal, and WI-PARIS will not be required to grant the Customer’s request to exercise its right of refusal.

If the Customer’s parcel is returned to WI-PARIS by the Post Office or by other postal service providers, WI-PARIS will contact the Customer upon receipt of the parcel in return to ask him for the follow-up to his Order.

If the Customer has erroneously refused the parcel, he can request the return of the parcel by first paying the postage for the new shipment. Postal charges will have to be paid even for Orders whose shipping costs were offered at the time of the Order.

5.7. Delivery Error or Exchange

In case of delivery or exchange error (if the right of withdrawal is applicable), any Product to be exchanged or refunded must be returned to WI-PARIS in its entirety and in perfect condition. Any defect resulting from a clumsiness or a false maneuver of the Customer cannot be imputed to WI-PARIS.

5.8. Delay in Delivery

Any delay in delivery compared to the scheduled date, and except in case of force majeure, may lead to the resolution of the sale on the initiative of the Customer, upon written request from him by registered letter with acknowledgement of receipt accompanied by an email sent to the customer service of WI-PARIS, which enjoins WI-PARIS to make the delivery within fifteen (15) days.

The Customer will then be refunded, at the latest within fourteen (14) days of the date on which the contract was terminated, of the total sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

5.9. Loss by Carrier

WI-PARIS shall not be liable for any indirect or immaterial damage or damage caused to the Customer, whatever the cause, related to the loss or damage of the consignment by the carrier, nor for any financial consequences, direct or indirect, resulting therefrom.

Article 6: Withdrawal

In accordance with Article L. 121-20 of the French Consumer Code, the Customer has fourteen (14) clear days to exercise his right of withdrawal, without having to justify or pay penalties, with the exception, where applicable, of the return costs.

For commercial purposes, WI-PARIS extends this period to thirty (30) calendar days.

This period shall run from receipt of the Order.

The right of withdrawal may be exercised by the Customer by contacting WI-PARIS at [email protected] by filling out the withdrawal form or providing the same information in the email:

I/we (*) hereby notify/notify you (*) of my/our (*) withdrawal of the contract for the sale of the property below:

Ordered on (*)/received on (*):

Name of Consumer(s):

Address of Consumer(s):

Date:

(*) Delete as appropriate.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the shipping costs will be refunded, the costs of return remain at the expense of the Customer. It is up to the Customer to provide proof of his return, by sending the request by registered mail with acknowledgement of receipt accompanied by an email to the customer service of WI-PARIS.

The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless expressly agreed by the Customer that WI-PARIS use another method of payment, and to the extent that the refund does not incur any costs for the Customer.

WI-PARIS also reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that it has shipped the Product, if such a demonstration has not previously taken place.

By exception to the foregoing, and pursuant to Article. L. 221-28 of the Consumer Code, the right of withdrawal does not apply to the supply of Products made to the specifications of the consumer or clearly personalized and to the supply of Products that cannot be returned for reasons of hygiene or health protection.

WI-PARIS will inform the Customer if the right of withdrawal is not likely to apply to an Ordered Product, prior to the Order. The Customer will notify its agreement by ticking a box to this effect.

Article 7: Return of Products

This Article applies to the return of the Products in the event of withdrawal or exercise of the legal guarantees by the Customer (hidden compliance and/or defect).

No Product purchased on the Site may be taken back in stalls or ephemeral shops.

Returns of the Products are to be made in their original condition and complete (packaging, accessories, instructions...) so that they can be recommercialized as new. They must not have been used, damaged, soiled or washed by the Customer.

They must be returned complete, with their bags and/or with their label in an appropriate package and accompanied by the return voucher (to be completed online and printed on the Account).

If possible, they must be accompanied by a copy of the proof of purchase.

The transfer of risks will be carried out upon receipt of the Product by WI-PARIS, after verification of its condition and signature of the voucher of the carrier.

The Customer must make the return by a solution allowing a tracking of the parcel.

The Customer is responsible for the return costs. The delivery costs invoiced during the delivery of the Order are refunded only within the framework of the exercise of the right of withdrawal within a period of thirty (30) days from the date of receipt of the package and only if the Customer returns the entire Order.

The Products must be returned to the following address:

Mr SAINSILY Jack

21 Subdivision EPI, 1 residence Cecyl 97122 Baie-Mahault GUADELOUPE

WI-PARIS cannot be held responsible for any loss or damage occurring during transport.

In case of loss or damage during transport, the Customer must contact his carrier directly. If the items are not received at the warehouse, WI-PARIS will not be able to process the return.

In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

The Customer will be refunded the price of the Product within thirty (30) calendar days of receipt of the Product by WI-PARIS. This refund will be made to the Customer’s bank account, the information of which will be provided by the Customer to WI-PARIS.

Article 8: Claims

If necessary, the Customer may submit any complaint by contacting WI-PARIS at the following address: [email protected]

He will have to indicate his precise coordinates and the reason for the complaint.

WI-PARIS will respond as soon as possible.

Article 9: Intellectual Property Rights

The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights appearing on the Site are and remain the exclusive property of WI-PARIS or its partners having duly authorized WI-PARIS to use them.

No assignment of intellectual property rights is made through these GTC.

Any total or partial reproduction, modification or use of these goods for any reason is strictly prohibited, and could constitute an act of counterfeiting, for which WI-PARIS could implement all the means at its disposal to defend its rights.

Article 10: Liability

Only direct damages caused to the Customer will be liable to WI-PARIS. No indirect damage will be liable to WI-PARIS.

This limitation of liability applies to all types of indirect damages, including but not limited to operating losses, loss of turnover, loss of orders, loss of earnings, loss of data or other information, loss of customers, loss of expected savings, loss of image and reputation, loss of opportunity.

WI-PARIS will also not be liable for any damage caused by malware, viruses or any inaccuracy or omission of information, unless the damage results from a deliberate act or gross negligence on the part of WI-PARIS.

In all cases, and if the exclusions of liability of this Article do not apply, WI-PARIS’s liability to the Customer for damage is strictly limited to the amount of the Order causing the damage.

Article 11: Force majeure

The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or of force majeure which would prevent the performance thereof.

WI-PARIS will inform the Customer of the occurrence of such an event as soon as possible.

For the purposes of these General Terms and Conditions, force majeure is defined as any unforeseeable, irresistible and external event within the meaning of French law and jurisprudence.

In the event of a case of force majeure, WI-PARIS will make its best efforts to resume the execution of its obligations as soon as possible.

If the force majeure remains, WI-PARIS may terminate its obligations towards the Customer, reimburse him, without incurring any liability.

Article 12: Mediation

In accordance with the provisions of articles L612-1 and following of the Consumer Code, the Customer has the possibility, in case of dispute with WI-PARIS, to use the mediation service Medicys free of charge: https://conso.medicys.fr

• electronically: [email protected]

• or by post: Medicys, 73 boulevard de Clichy, 75009 Paris

Alternatively, in the context of a dispute between the parties and following a failure of a written complaint of the Customer to the customer service or in the absence of a response from this service within a reasonable period of one (1) month, the Customer, consumer, may use any alternative dispute resolution method, including a mediation procedure, by accessing the European online dispute resolution platform at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN who will attempt, in complete independence and impartiality, to reach an amicable resolution of the dispute.

The Client remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each Party is free to accept or refuse the solution proposed by the mediator.

Article 13: Applicable Law and Litigation

CGVs are governed by French law.

Any dispute relating to the performance or interpretation of these General Terms and Conditions, not settled amicably between the Parties, will be submitted to the competent court of the seat of WI-PARIS, including in matters of interim measures, a warranty appeal or a plurality of defendants, and regardless of the Customer’s country of origin.

13.1. Entire Agreement

These Terms and Conditions prevail over any other stipulation potentially applicable to the relationship between WI-PARIS and the Customer. These General Terms and Conditions supersede any prior commitments of the Parties relating to the subject matter and constitute the entire agreement between the Parties with respect to the subject matter hereof.

13.2. Exclusivity

No exclusivity is concluded between the Parties by the acceptance of these General Terms. The Parties remain free to enter into contracts with third parties of their choice.

13.3. Survival of certain stipulations

The end of these General Terms and Conditions, for whatever reason, cannot be used as a term for clauses whose nature or content requires their maintenance.

13.4. Partial non-validity

If one or more of the provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to any law, regulation or final decision of a competent court, they shall be deemed not to be valid.the other stipulations will retain their full force and scope.

13.5. Non-recognition and Tolerance

The fact that WI-PARIS does not claim a breach of any of the obligations referred to in these General Terms and Conditions from the Customer shall not be interpreted in the future as a waiver of the obligation in question and does not have the effect of granting the Customer acquired rights.

WI-PARIS’s default or delay in exercising a right cannot be interpreted as a waiver of that right.

13.6. Independence

Neither Party may make a commitment on behalf and/or on behalf of the other. In addition, each Party shall remain solely responsible for its actions, allegations, commitments, services, products and personnel.

13.7. Evidence

The Parties agree that all electronic communications, including e-mails, shall be inter-related.

In particular, the Customer recognises the evidentiary value of the automatic recording systems of WI-PARIS, and, except for him to provide evidence to the contrary, he waives the right to contest them in the event of a dispute.