General Conditions of Sale

Preamble

This website is operated, edited and provided by Le Bazar des Enfants LBDE Trading (L.L.C) (hereinafter “LBDE”, “the Company”), whose registered office is located at 1304-0197, Floor 13, The One Tower, TECOM. PO box 77206 – DUBAI – UAE and registered at the Dubai Department of Economic Development (DED) under number 799303

Headquarters: 1304-0197, Floor 13, The One Tower, TECOM. PO box 77206 – DUBAI – UAE

VAT number: AE-1157697

Commercial license: 1015487

Media License: 9747692

Contact email: info@labazardesinfos.com

Contact email (2) : lbdecontactdxb@gmail.com

Customer support: + (971) 056 494 3042

The Children’s Bazaar (hereinafter “LBDE”, “the Company”) Dubai is a company that presents itself as an online bookstore, specializing in learning through playful tools, children aged 0 to 8 years. It specializes in the sale, purchase and distribution of literary works and educational games, as well as in the development and maintenance of a commercial audiovisual platform dedicated to literature and pedagogy related to parenthood and more broadly to the family. It proposes several types of offers via the website www.lebazardesenfants.com that it publishes (hereafter “the site”, “the website”).

LBDE is intended for Internet customers, legal entities and individuals, named in these General Conditions of Sale “Customer”, “Sender”, “Beneficiaries”, and allows them to order online the products presented.

The Company can be contacted by sending an email to the following address: info@lebazardesenfants.com or lbdecontactdxb@gmail.com. For any information or question, the Frequently Asked Questions (FAQ ) is available on the Site.

These General Conditions of Sale apply to all orders placed with LBDE for the offers available for order on the site, including :

– A monthly subscription to a LBDE Box whose aim is to promote children’s reading by introducing children’s books selected and/or composed by specialists in early childhood. The Company offers various box subscription offers detailed on the site (hereinafter a “Box Subscription”),

– Retail purchase of books

– All other offers present on the Site

The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the parties in the context of the online sale of goods and Customer services.

The present General Conditions of Sale come into force on the date of the order form. The present general conditions are concluded for the duration necessary for the supply of the products and services subscribed.

The “click” of the consumer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

Preliminary Article: Definitions

– “Beneficiary” means the Customer who is to receive the Subscribed Offering or the person designated by the Customer to receive the Subscribed Offering.

– Box”: Boxes composed of 3 or 5 books and intended for a different audience: 0-3 years, 3-6 years, 6-8 years, or box siblings 0-8 years to the choice of the Customer.

– Customer”: Any natural person aged at least 18 years and having the legal capacity or a parental authorization allowing him to place an order on the Site.

– Order”: Any offer ordered by the Customer on the Site.

– Contract”: Refers to the present General Terms and Conditions of Sale and the Orders placed with the Company by a Client.

– Offer”: All products or services that the Customer can order on the Site, both in the form of a subscription and retail, as identified in particular in the preamble.

– Parties”: The company Le Bazar des Enfants and the Client.

– Site Services”: All of the Site’s functionalities that allow any Customer who logs on to view the online content, the Offers and to place an order.

– “Site”: The website www.lebazardesenfants.com published by the Company.

– Company”, “LBDE”: The company Le Bazar des Enfants

– Geographic Area”: The territory in which the delivery may occur, as identified on the Site.

The present General Terms and Conditions of Sale are available on the Site in French and English and are accessible by the Customers at the time of ordering an Offer.

The Customer has the option of saving and printing the present General Terms and Conditions of Sale.

The present General Terms and Conditions of Sale determine the rights and obligations of the Parties in the context of the online sale of the Offers proposed by the Company on the Site.

All orders are subject to the prior acceptance of these General Terms and Conditions of Sale.

The Customer acknowledges that he/she is fully aware that his/her agreement to the content of these General Terms and Conditions of Sale does not require the handwritten signature of this document, insofar as the Customer wishes to order online the products presented in the Website’s store.

Article n° 1 : Order, confirmation of purchase and acceptance of the General Conditions of Sale

The Customer registers on the Site by filling in a registration form, places an order for an Offer via the Site and confirms his order by clicking on the “Confirm your payment” icon.

At the time of registration on the Site, the Customer acknowledges having read and accepted these Terms and Conditions of Sale.

The acceptance of the General Conditions of Sale is made without restriction, nor reserve, the Customer agreeing to renounce to any purchase if any of the stipulations of the present are not convenient for him. It excludes the application of any other contractual provision.

The Company reserves the right to modify the present General Terms and Conditions of Sale at any time, without prior notice, under the conditions set forth in Article 19 below.

The Company then confirms the order by sending an email to the Customer at the email address indicated by the Customer, subject to availability.

The confirmed order is hereinafter referred to as “Order”. The confirmation e-mail will contain a reminder of the content of the Order, the duration of the subscription, if any, and the payment terms.

The Company shall not be held liable in the event of an error in the input of the e-mail address concerned, or in the event of non-receipt of the order confirmation e-mail. In this case, the sale shall be considered final, except in the event of cancellation of the Order by the Company, in particular due to the unavailability of the products covered by the Order. The Customer may nevertheless exercise his right of withdrawal under the conditions provided for in Article 7 of these General Conditions of Sale.

Article n° 2 : Effective date – Duration – Termination
The General Terms and Conditions of Sale come into force from the date of the purchase made in accordance with Article 1 above.

The Company offers several subscription periods for a Box Subscription (hereinafter the “Subscription Period”); the Subscription Period is counted from the date of the Order confirmation and subject to the Customer’s actual payment to the Company.

Unlimited monthly Box Subscriptions can be cancelled at any time, provided that the Customer activates this unsubscription from the Site, in the section dedicated to this purpose.

All other subscriptions are non-cancellable and must be carried out until the subscription expires. Once the subscription period has been completed, the consumer may request the termination of his subscription in the section of the Site dedicated to this purpose.

The products in our box subscriptions are neither exchangeable nor refundable.

In the event of a payment incident, the Subscription Period will be automatically suspended. The Company will inform the Client by e-mail and the Client will have one (1) month to regularize his situation. The Box concerned by this suspension of the Subscription Period will not be sent to the Customer except in exceptional cases and the Customer will then receive the next month’s Box if the situation is regularized, the Subscription Period being then extended by one month.

If the incident is not remedied within one month, the Company may, at its sole discretion, initiate proceedings to obtain full payment of the sums due and shall suspend all deliveries until the incident is remedied.

At the end of this one month period and if the payment is not regularized, the Company may also, at its sole discretion, terminate the Contract binding it to the Client.

Termination of the Contract for any reason whatsoever shall result in the immediate payment of all sums due to the Company. In particular, in the event of early termination of the Agreement before the end of the Subscription Period in progress at the time of termination, in all cases, the price due for a current Box Subscription (excluding delivery charges) will be due until the end of the current Subscription Period, without prejudice to any damages to which the Company may be entitled.

Article n° 3 : Description of the “Subscription Box” offer and payment terms

The Subscription Box Offer consists of the dispatch each calendar month of a Box containing a predetermined number of books (between 3 and 5 books) for children of a specific age group, specially selected by LBDE.

Two types of Box Subscription:

The Box Subscription subscribed on a personal basis with monthly payment or cash payment on the day the order is placed (3.1),
The Box Subscription subscribed to offer, with cash payment on the day the order is placed (3.2).
For both Box Subscription methods, the Company offers several Subscription Period durations indicated on the Site.

Each of the Subscription Periods indicated on the Site has a defined monthly price or total subscription price as displayed on the Site at the time the order is placed.

Any subscription to a Box Subscription is made exclusively through the Site.

3.1 : Box subscription subscribed on a personal basis with monthly payment or cash payment

The subscription of a personal Box Subscription with monthly payment subscribes the Customer for an indefinite Subscription Period with no time commitment (“Unlimited Box Subscription”) or with minimum commitment for the Subscription Period (Monthly Box Subscription).

The duration of the Subscription Period is chosen at the time of the Order.

The price of any Box Subscription appears on the Site and is reminded at the time of the Order.

The amount indicated is an amount in AED including all taxes to which is added the delivery costs defined according to the Geographic Zone of the Customer and the chosen option. They will be indicated to the Customer when the Order is confirmed.

The Customer can pay by :

– Direct debit
– Paypal

By accepting these General Terms and Conditions of Sale, and if the Customer chooses to pay by direct debit, the Customer expressly authorizes said direct debit, monthly or in cash, of the amount defined at the time of the Order. Thus, for Unlimited Box Subscriptions, after payment of the first monthly instalment on the day of the Order, the Customer will be debited on the 1st of each month with the amount indicated at the time of the Order, for the entire Subscription Period.

Failure to pay for an Order without justification may result in the suspension of the Box Subscription, or even its termination, under the conditions defined in Article 2 above.

The Company reserves the right to modify the prices of the Box Subscriptions offered on the Site. Current Box Subscriptions will not be affected by the price changes.

The Customer may terminate his Unlimited Box Subscription at any time in accordance with the terms and conditions set forth in Article (3.4).

3.2 : Box subscription to offer with cash payment

The subscription to the Box to offer allows a Beneficiary to subscribe for a determined Subscription Period, without tacit renewal.

This Box to Give Subscription is prepaid in advance and generates an activation code to be transmitted to the Beneficiary to allow him to activate his subscription via a profile that the Beneficiary must create on the Site.

3.3 : No modification of the duration of the Box Subscription

Customers who have subscribed to a “personal” or “gift” Box Subscription plan may not change the duration of the Subscription Period.

3.4 : Tacit renewal – unsubscription

Only the Unlimited Box Subscription with monthly payment is tacitly renewable. However, the Customer may at any time terminate the automatic renewal of his Subscription either by sending an e-mail to info@lebazardesenfants.com, or by logging in to the “My Subscription” section of “My Account” on the Site. If the unsubscription is made on the Site or the request is transmitted no later than the 20th of the current month, the unsubscription will be effective on the following month (for delivery around the 5th of the month), otherwise it will be effective the following month.

For the other Subscription formulas available on the Site, the Customer will have to renew his Subscription Period or change the duration for the next period, if he wishes.

Article 4: Description of the “Retail Purchase” Offer and payment terms

The Company also offers, through the Site, a “Retail Purchase” Offer. The products offered for sale are those that appear on the Site as available on the day of the consultation of the Site by the Customer. Concerning the Boxes put on sale before the date of consultation of the Site, as they are products made in limited quantities and primarily intended for Customers who have subscribed to a Box Subscription, these products may be offered for Retail Purchase only within the limits of available stocks. In case of unavailability of one of the products, the Customer will be informed as soon as possible by a mention on the Site. The Company shall not be held responsible in case of stock shortage or unavailability of products.

The payment will be made in one time, at the time of the issue of the order.

The order is executed as soon as it is received and payment is validated. In case of unavailability of one of the ordered articles, the consumer will be provided with the other ordered articles and his credit card will be debited only for the sent articles. The customer will be informed in advance by e-mail of the possible unavailability of a product.

If the payment was made by credit card, the debit of the shipped items only is effective at the time of the physical shipment of the order.

If the payment was made by Gift Card, the refund will be made by a credit to the order of the account holder to which the Gift Card was attached.

If the payment was made by Paypal, the Paypal account will be credited with the amount due.

The purchase prices of the products offered within the “Retail Purchase” Offer for delivery in Dubai are indicated in AED including all taxes (TTC).

The Company reserves the right to modify the prices of the products available on the Site. Any Order already paid for will not be affected by the price changes.

Except special mention on the Site (promotion, advantage…) the delivery costs are not included in the sale price, and remain the exclusive responsibility of the Customer. They shall be determined according to the Customer’s geographical area and the option chosen by the Customer, and shall be indicated to the Customer upon confirmation of the Order.

For all deliveries outside Dubai or the United Arab Emirates, any customs duties and other taxes must be paid by the Customer.

The Customer will receive a payment confirmation e-mail after the Order has been validated.

An invoice is made available to the Customer in the “My Account” section, which he can download and/or print.

Article n° 5 : The Gift Cards

The Company offers gift cards on its Site. These cards are valid only on the said site. They are valid for 1 (one) year and can be used in full, in one or more orders.

This card cannot be combined with any other gift card.

The 1 (one) year validity period of the Gift Card begins at the time of payment and must be used exclusively for the purchase of products available on the Site.

They are not exchangeable or refundable, even partially for cash or credited to a card or bank account.

The Gift Cards are also usable for monthly subscriptions to the LBDE box.

The Company is not responsible for any theft, loss or unauthorized purchase on a Gift Card.

Article n°6 : Shipping and Delivery
6.1 : Shipping

The Offers proposed on the Site are only available in the Geographic Zone.

All available countries appear in the drop-down menu of the Customer’s address (see list of the drop-down menu of the Customer’s address on the Site).

The delivery times indicated on the Site are indicative times, corresponding to the average processing and delivery times.

A one-time 25aed shipping fee will be charged for all orders delivered to Dubai and all UAE locations.

Delivery is offered for 250aed or more in Dubai only.

The company reserves the right to modify its shipping rates at any time and to pass on its new shipping rates to the price of the Products or Services offered on the Site.

6.2 : Delivery

The Company shall in no case be held responsible for the consequences due to a delay in delivery, whether or not it is its fault.

The Customer is required to follow the shipment of his package and to receive it within the time announced by the carrier. Any non-receipt of the parcel by the Customer will remain his sole responsibility. Therefore, if the Customer wishes to request a new shipment of his package, the Company reserves the right to charge the Customer additional shipping costs for this new shipment.

For any Customer residing in Dubai, any order placed on the website can, at the Customer’s request, be collected from the Company’s premises located in Al Manara (Dubai). No shipping costs will be applied.

If the Client subscribes to a monthly or unlimited box, the Company offers to store the Client’s boxes on its premises for a maximum period of 3 months, provided that the Client informs the Company of his inability to receive the boxes before this period (business trip, vacation). The Customer shall keep LBDE informed of a date on which the boxes accumulated in its premises (a maximum of 3 boxes, over 3 months) can be delivered.

The Client is obliged to inform the Company of any change in his personal data, in particular a change of address or bank details. In the event of failure by the Client to update the information, the Company reserves the right to cancel the Client’s order.

In the absence of receipt of the Order within the time limit set on the Site and after receiving the payment confirmation e-mail, the Company recommends that Customers contact customer service. On a case-by-case basis and depending on the circumstances, the Company undertakes to reship the Order at the Customer’s expense, or to propose an appointment allowing the Customer to collect his parcel directly from LBDE’s premises. The Customer will then have a period of seven (7) days to retrieve his package.

After this period of 7 days, LBDE can not be held responsible for the non availability of the order. It will be considered abandoned and will not be refunded.

Upon delivery, the Customer will be asked to sign a receipt which will constitute a proof of receipt of the package. Therefore, the Company’s liability cannot be engaged.

6.3 : Delivery Subscription Box
The Boxes covered by the Subscription Box subscribed to will be delivered to the Beneficiaries each month at the address given in the “My Account” information form filled in by the Customer at the time of registration, it being specified that this address must be the Customer’s or the Beneficiary’s home address of his/her choice. In case of change of address, it is the Customer’s responsibility to modify his contact information before the 20th of the month concerned (i.e. the 19th at midnight) by using the “My Account” information form, to ensure delivery the following month.

The Company shall not be held liable for any delays in delivery and the consequences thereof.

6.4 : Delivery Retail purchase (e-shop)
For all deliveries in Dubai, the Company will endeavour to deliver the Order within seven (7) working days from the date of actual payment.

In the event of delivery outside the UAE, the Company shall endeavor to deliver the Order within thirty (30) days from the date of actual payment.

Article n°7. Return, exchange or cancellation policy

7.1 : Return

All new products on the site can be returned for exchange only. Used products, subscriptions, or gift cards are exempt from this rule.

New products returned must be intact and in their original packaging.

Any damaged or incomplete product, or whose original packaging is deteriorated, will not be refunded or exchanged.

If Le Bazar des Enfants makes a mistake in an order, the return costs will be paid by the Company. In this case, the Customer must contact Customer Service at + (971) 56 494 3042 or by email: info@lebazardesenfants.com in order to be informed of the procedure to follow.

To know:

• This policy does not apply to products that have been used.
• Delivery charges are not refundable. Only the price of the item is refundable.
• In the case of an exchange, the difference in price between the exchanged item and the replacement product is at the expense of the Customer.
• No responsibility will be assumed by the Company for loss, theft or damage incurred in the return of goods initiated by the Customer.

7.2 : Exchange

If the Customer wishes to exchange a new product, he/she will have to go directly to LBDE’s premises and present an invoice or a proof of purchase. The return and exchange must be made within 7 days of receipt or pickup of the package by the Beneficiary. The Client will be required to contact the Company and make an appointment at + (971) 56 494 3042 or by email :
info@lebazardesenfants.com
in advance. If the returned item is less expensive than the item it was exchanged for, a difference will be payable.

In the opposite case, the Customer will receive a credit note with the difference in amount that can be used for a subsequent purchase on the Site.

7.3 : Cancellation and modification

Once the order has been paid, it is sent for preparation for shipment. It is no longer possible to change or cancel it. For any refund, the Customer must return his Order. The Customer will then benefit from a period of 7 working days from the date of receipt of the package to proceed with the return of new items (only) which are not suitable.

If the Customer wishes to add another product to the Order, the Customer must place a new Order.

If the Customer wishes to cancel the Order, he/she should contact the Customer Service as soon as possible.

In the case of an order to be picked up at LBDE’s premises, the Customer will have to contact the Customer Service to make a cancellation.

Article 8: Rights and time limits for withdrawal

The Customer has a period of 7 working days to return, at his own expense, the new products(only) which do not suit him. This period shall run from the time the Order is actually delivered.

Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted.

Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.

This right of withdrawal is exercised without penalty and includes only new items.

No return or refund is possible on second-hand products, except for errors on the part of the Company (wrong item, defective item or manufacturing defect).

Excluded from the right of return are second-hand products, the damaged products mentioned above, gift cards and subscriptions.
These are neither exchangeable nor refundable.
.

In case of exercise of the right of withdrawal, the Company will make every effort to refund the consumer within 15 days. The consumer will then be reimbursed with a credit note or an exchange voucher, usable on the LBDE site.

If the returned item is less expensive than the item for which it was exchanged, a difference will be payable by the Customer. In the opposite case, the Customer will receive either a credit note with the difference in amount, which can be used for his next purchase on the Site.

Any return is made under the responsibility of the Customer. The shipping costs of the return package are the exclusive responsibility of the Customer.

Article 9 : Method of payment

9-a Payment is made by credit card: the validation of the order by a simple authorization of debit. The debit is effective at the time of the validation of the order.

9-b The payment is made by Paypal: the debit is immediate, at the time of validation of the method of payment.

9-c Payment is made by LBDE Gift Card: the debit is immediate, at the time of validation of the method of payment. The total amount of the Gift Card must be used in full at one time. The remaining balance will be unavailable for future purchase.

9-d The Client guarantees to the Company that he/she has the necessary authorizations to use the method of payment chosen by him/her, when validating the order. LBDE reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card from the officially accredited bodies or in case of non-payment. LBDE reserves the right to refuse to make a delivery or to honor an order from a consumer who has not paid in full or in part a previous order or with whom a payment dispute is being administered.

9-e The consumer will have at his disposal on the site in the space reserved for his order the invoice corresponding to the ordered articles effectively provided.

9-f Transaction security.

Online payment by credit card is provided by STRIPE, known for its reliability in Internet transactions. The transaction between the Customer and Stripe is encrypted and secure. No credit card number is stored at LBDE.

Article 10: Availability and access to the service
The Site offers online subscription and purchase services (hereinafter the “Services”), which are normally accessible to the Customer 24 hours a day, 7 days a week, all year round, except in the event of maintenance of the Site, or voluntary or involuntary interruption of the Services, whatever the cause. Being by its activity, subjected to an obligation of means, the Company could not be held responsible for any damage, whatever its nature, resulting from an unavailability of the Site.

Article n° 11 : Defects of the Box – Refund – Limitation of responsibility
Any reservations about an Order or the Box Subscription and its contents (defects or errors) must be notified by email to info@lebazardesenfants.com within 24 hours of receiving the Box.

Any claim made after this period will be rejected.

The Customer will contact the customer service and the latter will indicate the process to follow. If necessary, in case of agreement with the customer service, he will have seven (7) days to send back the Box and its contents in an adequate packaging. If the Box or its contents are found to be defective, the Customer may obtain a new Box or a free replacement of the damaged books, subject to availability.

A refund in “vouchers” or “credit notes” usable on the Site and of an amount equal to the value of the Order may be made in the event that the damaged product is out of stock.

Reservations cannot be made on the selection of works offered within a given Box, as this cannot be modified.
Any claim not made in the rules defined above and within the time limits could not be taken into account and will release LBDE from any responsibility towards the Customer.

In any event, the Company’s liability shall be limited in all cases to the monthly value of the relevant Subscription or Order, as the case may be, and only in the event that a delivered product is damaged.

Article n° 12 : Subscription to the Newsletter
At the time of registration on the Site, the Customer has the possibility of subscribing to the Newsletter. The Company will then send him/her emails to the address he/she will have given when subscribing or ordering.

Unsubscribing to the newsletter is possible at any time via the “My Account” space.

Article n° 13 : Deactivation of the customer account
Failure by the Customer to comply with the obligations under these General Terms and Conditions of Sale, any incident of payment of the price of an Order, any delivery of erroneous information when creating an account or acts likely to harm the Company’s interests, may lead to the suspension of access to the Services offered on the Site or, depending on the seriousness of the acts, to the termination of the Box Subscription subscribed to and the Customer’s account.

The Company also reserves the right to refuse to contract with a Customer who has been expelled or sanctioned for such conduct, even if the Customer uses or creates a new account.

Article 14: Proof and signature
Customer shall maintain the security of its online transactions by not disclosing its login and/or password to anyone. The Company shall not be responsible for the disclosure of the Customer’s information to any individual who has used the Customer’s login and/or password.

In this respect, the use of the Customer’s login and/or password shall constitute proof of identity and shall render the corresponding amounts payable upon validation or modification of the Order. The Company shall not be held responsible for the fraudulent use of these identifiers and/or passwords.

The provision of the credit card number and the confirmation of the Order shall constitute proof of acceptance of said Order and shall constitute payment of the sums involved in the seizure of the products appearing on the Order.

The Client acknowledges the validity and probative force of electronic exchanges and records kept by the Company and agrees that these elements have the same probative force as a handwritten document signed by hand.

Article 15: Force majeure
The Company shall not be held liable for total or partial non-performance of the contract due to an event of force majeure beyond its control.

Article n° 16 : Intellectual property of the contents of the Site
All the elements reproduced on the Site or constituting it, and in particular but not exclusively the texts, comments, contents, information, illustrations, images, graphics, videos, animations and marks are protected under the intellectual property (hereafter the “Elements”).

The Elements are the exclusive property of the Company.

Consequently, any use of the Elements by anyone is strictly prohibited, except with the prior written consent of the Company, including but not limited to copying, reproduction, representation, modification, translation, creation of derivative works, distribution or any other exploitation.

Article n° 17 : Data processing and liberties
16.1 : Collection of data, Purposes of Processing and Identity of the Data Controller
The Company collects personal data and information concerning its Clients in order to manage and process the Sales Order placed by the Client on the Web Site (hereinafter referred to as the “Purpose of Processing”).

The data collected by the Company is processed in a lawful, fair and transparent manner.

The data collected is adequate, relevant and limited to what is strictly necessary for the Purpose of Processing defined herein.

17.2 : Data collected and Consent
The Customer acknowledges being informed that he has the right to withdraw his consent at any time.

The Client expressly and unequivocally agrees to transmit to the Company, when placing an Order, his/her surname, first name, postal address, e-mail address, telephone number, credit card number, chosen identifier and password, and guarantees the express acceptance of the Beneficiary for the purposes of seeing the Contract executed for his/her benefit.

The User who agrees to link his personal space “My Account” to other accounts on social networks, such as Facebook® or others, declares to have accepted that other information and personal data may be accessible without the Company being able to control it or be responsible for it. The User must take note of the general conditions specific to these social networks which explain the use of the personal data of the users, allow to control the personal data which are visible and to parameterize the management of the confidentiality of the data on the social networks used.

17.3: Information and access to personal data
The Company, which is the Data Controller, provides the Client with the following information:

a) The Client accepts that the personal data concerning him (and those concerning the Beneficiary) collected by the Company within the framework of the present contract may be transmitted to the service providers and subcontractors with whom the Company is in a contractual relationship for the sole purpose of executing the Service, subject to the condition that these third party recipients of personal data are subject to regulations guaranteeing an appropriate and adequate level of protection.

This information is kept by him or any companý mandated for this purpose, under the legal and regulatory conditions.

The Client, and where applicable the Beneficiary, will be informed prior to any transfer of their personal data outside the UAE. In such a case, the Company undertakes to comply with the regulations in force and to put in place all necessary measures to guarantee the security and confidentiality of the data thus transferred.

b) The Company will keep personal information and data for the maximum legal or regulatory period applicable according to the Purposé of Processing.

c) The Client, and where applicable the Beneficiary, has a right of access, rectification, deletion, limitation, portability and opposition of the data collected concerning him.

Thus, he can at any time oppose the receipt of commercial solicitations, modify his details, oppose their communication by sending a notification by email to the Company.

d) The requirement to provide personal data is a condition for the acceptance of these General Sales Conditions. The Client, and where applicable the Beneficiary, is required to provide the above-mentioned Data. In the event of non-supply, the Customer, and where applicable the Beneficiary, will not have access to the Offers.

Article n° 18 : Limitation of liability
The Company shall in no event be liable for any damages of any kind, including but not limited to, damage to reputation, image, or loss of data that may occur as a result of the use of the Services offered by the Company.

The Customer is expressly informed that the Company is not the manufacturer of the products sold on the Site (apart from the accompanying sheets explaining the selection of the month). Also, in the event of damage caused to a person or a good by a defect of the product, only the responsibility of the manufacturer of the aforementioned product will be able to be sought by the Customer. The fact that the Customer issues a complaint does not release him from his payment obligations.

The Company shall endeavour to ensure that the photographic representation of the products on the Site is as accurate as possible. However, it is possible that the perception of the product(s) does not fully correspond to the products. The photographs of the products have only an indicative role, they do not have a contractual character and could not engage the responsibility of the Company.

The Company undertakes to honour the Orders only within the limits of available stocks of products. If the product(s) is (are) not available, the Company undertakes to inform the Client as soon as possible. The Company may modify the range of products offered for sale on the Site. Availability may vary within a day depending on the level of sales. The Company frequently updates availability, but cannot be held responsible if the stock is no longer the same as that indicated.

The Company shall not be held liable for non-performance of the Contract in the event of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications, flooding or fire.

Article n° 19 : Safeguard clause
If one or more stipulations of the present General Terms and Conditions of Sale were declared invalid in application of a law or regulation or of a final court decision, the other stipulations would retain their force and scope.

Article 20: Continuity and transfer of rights and obligations
The Sales Order placed by the Client with the Company and/or its successors and assigns shall be binding between the Parties.

In the event of total or partial transfer of the Company’s business, the Sales Order shall remain binding between the Parties. The Client shall not transfer the Sales Order placed with the Company without the Company’s prior written consent.

The Company’s contracts, rights and obligations may be assigned or transferred at any time without prior consent of the Client.

Article n° 21 : Advertising on the Site
The Company can freely insert advertising on its Site, and has a total freedom of choice as for the disposition of these advertisements, the advertisers as well as the visualization of these advertisements.

Article n° 22 : Modifications of the General Sales Conditions
The Company reserves the right to modify in any case the present General Sales Conditions on the Site.

The new General Terms and Conditions of Sale will be automatically applicable to the Customer on the 1st day of the calendar month following the expiration of a period of thirty (30) days from their publication.

If the new General Terms and Conditions of Sale are not suitable for a Customer who has subscribed to a Box Subscription, the latter may terminate his subscription.

The refusal of the new General Terms and Conditions of Sale must imperatively be explicit; without explicit manifestation of will before the entry into force of the new provisions, the Customer will be considered to have accepted the modifications.

Article n° 23 : Applicable law
These General Terms and Conditions of Sale are subject to UAE law applicable regardless of the country of residence of the Customer and the place of conclusion of the Contract.

The Customer acknowledges that the communications and computerized registers of the Site will be considered by the Parties as proof of the exchanges, orders, payments and transactions between the Parties, unless proven otherwise.

Article n° 24 : Disputes
All disputes relating to the interpretation, performance or breach of the Contract and more generally of these General Terms and Conditions of Sale which cannot be settled amicably, shall be submitted, after failure of a prior mediation, to the exclusive jurisdiction of the courts of the UAE.

In addition, it is recalled that any consumer may have recourse to a consumer mediator for the amicable resolution of a dispute between him and a professional.

Article 25: Completeness

The present general conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept without reservation the entirety of the provisions of these General Conditions. No general or specific terms and conditions contained in any documents sent or delivered by the consumer shall be incorporated herein to the extent that such documents are inconsistent with these General Terms and Conditions.