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General Conditions of Online Sale These General Conditions of Sale are up to date as of November 15, 2022 1. DEFINITIONS 1.1. These General Conditions of Sale (hereinafter ''CGV'') are offered by the company Jardins Drinks (hereinafter ''The Company''), SAS with capital of 15,000 euros, registered in the Trade and Commerce Register. Bobigny companies under number 904 845 146, whose head office is 86 rue Voltaire, 93100 Montreuil, France. 1.2. The company is the owner and publisher of the website www.jardins.co (hereinafter “the Site”). The Site is hosted by OVH. 1.3. The publication director is Alix Besnier. 1.4. The Site offers the Customer (hereinafter “the Customer”) the possibility of purchasing bottles of non-alcoholic aperitifs (the “products”). 1.5. Before any use of the Site, the Customer must ensure that he has the technical and IT means allowing him to use the Site and order the products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of its hardware/equipment is in good condition and does not contain viruses. 2. APPLICATION AND ENFORCEMENT OF THE CGV 2.1. The purpose of these General Terms and Conditions is to define all the conditions under which the Company markets the products as offered for sale on the Site to Customers. They therefore apply to any Order (“Order”) for products placed on the Site by the Customer. 2.2. The Customer declares to have read and accepted these General Terms and Conditions before placing their Order. 2.3. Validation of the Order therefore constitutes acceptance of these General Terms and Conditions. These are regularly updated, the applicable General Terms and Conditions are those in force on the Site on the date the Order is placed. 2.4. Any contrary condition posed by the Customer would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of the time at which it may have been brought to its attention. 2.5. The fact that the Company does not avail itself at a given time of any provision of these General Conditions of Sale cannot be interpreted as a waiver of the right to subsequently avail itself of any provision of these General Conditions of Sale. 3. ORDERING PRODUCTS ON THE SITE The Company reserves the right to correct the content of the Site at any time. 3.1. The Customer selects the product(s) he wishes to purchase, and can access the summary of his Order at any time. 3.2. The Order summary presents the list of the product(s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the product(s) of the Order. The Customer has the possibility of modifying his Order and correcting any errors before accepting his Order. 3.3. After accessing the summary of their Order, the Customer confirms acceptance of their Order by checking the T&C validation box, then clicking on the Order validation icon. The words “Order with payment obligation” or a similar formula devoid of any ambiguity appear next to the Order validation icon to ensure that the Customer explicitly acknowledges their obligation to pay for the Order. 3.4. After acceptance of the General Terms and Conditions and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably. 3.5. After validation of his Order and in order to be able to proceed with payment, the Customer enters the contact details to which he wishes to obtain delivery of the product(s) ordered, and invoicing details if they are different. The delivery process for the product(s) ordered is described in ARTICLE 5 of these General Terms and Conditions. 3.6. The Company then sends him an Order confirmation by email, including the elements of the summary of his Order and the delivery and, where applicable, billing addresses provided. 3.7. After having validated their delivery details and, where applicable, invoicing, the Customer proceeds to pay for their Order according to the terms specified below. 4. PRICE AND PAYMENT CONDITIONS OF THE ORDER 4.1. The prices are mentioned on the Site in the product descriptions, in euros and excluding tax and all taxes included. 4.2. The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions, validates his Order, provides and validates his delivery and, where applicable, billing details and proceeds to payment. This total amount is indicated including all taxes. 4.3. The Order of products on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, by credit card, unless special sales conditions are expressly accepted by the Customer and the Company. 4.4. 4.4. In the event of payment by credit card, the Site uses the security system of Stripe, a service provider specializing in online payment security. This system guarantees the Customer total confidentiality of their banking information. The banking transaction by credit card, carried out between the Customer and the secure system, is therefore entirely encrypted and protected. The Customer's bank details are not stored electronically by the Company. 4.5. The Customer guarantees to the Company that he has the necessary authorizations to use the payment method when placing the Order. 4.6. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order. 5. DELIVERY 5.1. The product(s) offered on the Site can be delivered to mainland France exclusively. 5.2. The Company undertakes to deliver the product(s) within a period not exceeding 14 working days from the date of the Order. 5.3. The Customer is informed by email, when their Order is ready, of its shipment. The product(s) ordered is (are) delivered to the delivery address indicated by the Customer when placing the Order under the conditions specified in article 3.8 of these General Terms and Conditions. 5.4. The Customer must ensure that the information communicated referred to in article 3.8 of these General Terms and Conditions is correct, and that it remains so until complete delivery of the product(s) ordered. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details which may occur between the Order and delivery, by sending, without delay, an email to the Customer Service email address. Failing this, in the event of a delay and/or delivery error, the Customer cannot under any circumstances hold the Company liable in the event of non-delivery, and the Company's Customer Service will contact the Customer for a second delivery. on client fee. 5.5. The Company will also not be responsible if the non-receipt of the products is due to the action of a third party outside its intervention or in the event of theft. 5.6. If the Order is returned due to the Customer's absence, the Company's Customer Service will contact the Customer for a second delivery at the Customer's expense. 5.7. The Customer can follow the delivery of their Order by contacting Customer Service, the email address of which appears in ARTICLE 6 of these General Terms and Conditions. 6. CUSTOMER SERVICE 6.1. For any request for information, clarification or for any complaint, the Customer must contact, as a priority, the Company's Customer Service, in order to allow the latter to try to find a solution to the problem. 6.2. The Company's Customer Service can be reached by email (hello@jardins.co) or post (86 rue Voltaire, 93100 Montreuil). 7. LEGAL AND COMMERCIAL GUARANTEES All products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Code of consumption, and the guarantee against hidden defects provided for by articles 1641 and 1648, first paragraph, of the Civil Code: Article L.217-4 of the Consumer Code: ''The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that this has been presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular 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 attention of the seller and which the latter has accepted. Article L.217-12 of the Consumer Code: ''Action resulting from lack of conformity is prescribed two years from delivery of the goods.'' Article 1641 of the Civil Code: ''The seller is required to the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have only given one lower price, if he had known them.'' Article 1648 of the Civil Code, first paragraph: ''The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect .'' If a Customer considers that they have received a product that they consider to be defective or non-compliant, they must contact the Company, as soon as possible from receipt of the Order, at the following email address: hello @jardins.co, or by registered mail with acknowledgment of receipt to the following address: 86 rue Voltaire, 93100 Montreuil, France, specifying the defect or non-compliance in question. It will be up to the Customer to provide any justification for the designation of apparent defects and/or anomalies noted. The Customer must allow the Company every opportunity to identify these defects or non-conformities and to remedy them if necessary. He will refrain from intervening himself or involving a third party for this purpose. If the defects and/or anomalies are confirmed by the Company, the latter will then send the Customer its instructions on how to proceed after having become aware of the complaint thus formulated and, if necessary, will replace the product which the Company would have been led to note the lack of conformity, or the defect. In the event that the exchange of the product is impossible, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made on the Company's proposal by crediting the Client's bank account, the Client being able to opt for another method of reimbursement than that proposed. 8. CUSTOMER OBLIGATIONS 8.1. The Customer undertakes to respect the terms of these General Terms and Conditions. 8.2. The Client undertakes to use the Site in accordance with the Company's instructions. 8.3. The Customer agrees that he only uses the Site for his personal use, in accordance with these General Terms and Conditions. In this regard, the Customer agrees to refrain: - From using the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these General Terms and Conditions. - To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising all or part of the Site. - Attempt to gain unauthorized access to the Site's computer system or engage in any activity that disrupts, reduces the quality or interferes with the performance or deteriorates the functionality of the Site. - To use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Site. - Infringe the intellectual property rights of the Company and/or resell or attempt to resell the products to third parties. - To denigrate the Site and/or the products as well as the Company on social networks and any other means of communication. 8.4. If, for any reason, the Company considers that the Customer is not complying with these General Terms and Conditions, the Company may at any time, and at its sole discretion, remove their access to the Site and take all measures including any civil and criminal legal action. against him. 9. RIGHT OF WITHDRAWAL 9.1. In accordance with articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Company, without having to provide reasons or pay a penalty. 9.2. To exercise his right to withdraw from the Order, the Customer must notify his decision to withdraw by means of an unambiguous declaration, without giving reasons. The Customer may communicate his decision of withdrawal to the Company by any means, in particular by sending it by post to the Company at the following address: 86 rue Voltaire, 93100 Montreuil, France or by email to hello@jardins.co 9.3. To exercise his right to withdraw from the Order, the Customer must not have unsealed the product for hygiene reasons. 9.4. In the event of notification to the Company by the Customer of his decision to withdraw, whatever the means used, the Company will immediately send him an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email). 9.5. The Customer must return the product(s) in the same condition as that in which he or she received them, and with all packaging elements, accessories and instructions (even if the ( s) product(s) has or have been unpacked), as soon as possible and at the latest within 14 days from notification of the decision to withdraw from this contract, to the following address: 86 rue Voltaire, 93100 Montreuil, France. In accordance with the law, the Customer is responsible for the costs of returning the product(s). 9.6. In the event of withdrawal by the Customer, the reimbursement of the product(s) which has or have been the subject of the right of withdrawal is made by the Company by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any case, this reimbursement will not incur any costs for the Customer. Reimbursement is made as soon as possible, and no later than 30 days from the day the Company is informed of the Customer's decision to withdraw their Order. 9.7. In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his liability is only incurred towards the Company for a depreciation of the product(s), returned. following the exercise of his right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods. 10. RESPONSIBILITY 10.1.The Company implements all measures to ensure the Customer is supplied, under optimal conditions, with quality product(s). However, it cannot under any circumstances be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Client, or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure. More generally, if the Company were to be held liable, it could under no circumstances agree to compensate the Client for indirect damage or the existence and/or quantum of which would not be established by evidence. 10.2. The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content or any element present or obtained through these sites. 10.3.The establishment of such links or the reference to any information, articles or services provided by a third person cannot and cannot be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements or their contents. 10.4.The Company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s) and other information disseminated on these websites. 10.5.It is expressly stipulated that the Company cannot under any circumstances be held responsible, in any way whatsoever, in the event that the Customers' computer equipment or electronic messaging system rejects, for example due to anti-spam , emails sent by the Company, and in particular, without this list being exhaustive, the copy of the payment receipt, the summary statement of the Order or the shipment tracking email. 10.6.The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have entered into a contract. 11. SECURITY The Customer undertakes not to compromise the security of the Site. To this end, he undertakes not to carry out any fraudulent access and/or maintenance in the Company's information system. The Client may also not harm or hinder the Company's information system. Failing this, the Company may take any measure against him and in particular incur criminal liability under articles 323-1 et seq. of the Penal Code. 12. INTELLECTUAL PROPERTY 12.1. All elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the entire world. 12.2.The name and brand, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Company. 12.3. No title or right whatsoever to any element or software will be obtained by downloading or copying elements from this Site. The Customer is expressly prohibited from reproducing (except for his personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto. 12.4.The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and cannot under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site. 12.5. Any use by the Client of company names, brands and distinct signs belonging to the Company is strictly prohibited except in the event of express and prior agreement from the Company. 13. NEWSLETTER 13.1. By checking the box provided for this purpose or by expressly giving his agreement to this purpose, the Client accepts that the Company may send him, at a frequency and in a form determined by the Client, a newsletter (letter information) which may contain information relating to its activity. 13.2. When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for products similar to those ordered. 13.3. Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters). 14. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION 14.1. These General Conditions of Sale are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of law. 14.2.In the event of a dispute likely to arise during the interpretation and/or execution of these Terms and Conditions or in relation to these General Terms and Conditions, the Customer may decide to submit the dispute with the Company to a mediation procedure. conventional or any other alternative method of dispute resolution. 14.3.The Customer can go to the European consumer dispute resolution platform set up by the European Commission at the following address and listing all dispute resolution organizations approved in France: https://webgate. ec.europa.eu/odr/. 14.4.In the event of failure of this mediation procedure or if the Client wishes to refer the matter to court, the rules of the code of civil procedure will apply.