Terms and Conditions of Sale

These terms and conditions of sale apply to all sales concluded on the Ergo Piercing website.

The Ergo Piercing website is a service of:

• the company Ergo Piercing
• located at 13 Rue du Fief Gentil, 49000 Écouflant, France
• website address: ergopiercing.com
• email address: contact@ergopiercing.com
• phone: +33 6 20 16 17 28

The Ergo Piercing website sells the following products: Piercing Kits.

The customer declares that they have read and accepted the terms and conditions of sale prior to placing their order. Validation of the order therefore constitutes acceptance of the terms and conditions of sale.

These terms and conditions express the entire obligations of the parties. They constitute the sole basis of the commercial relationship between the parties, and in this sense, the buyer is deemed to accept them without reservation.

These terms and conditions of sale prevail over any other document, and in particular over any general purchase conditions. They apply, without restriction or reservation, to all services rendered by the seller to professional buyers.

The seller and the buyer agree that these terms and conditions exclusively govern their relationship. The seller reserves the right to occasionally modify its terms and conditions. They will be applicable as soon as they are posted online.

If a sales condition were to be missing, it would be considered to be governed by the practices in force in the distance selling sector for companies headquartered in France.

These terms and conditions of sale are communicated to any buyer who requests them, in order to allow them to place an order.

These terms and conditions of sale are applicable until they are modified. Any modification will be notified to customers and will be applicable as soon as it is posted online.

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of the goods and products offered by the seller to the buyer.

These conditions only concern purchases made on this website and delivered exclusively to mainland France. For any delivery to the French overseas territories (DROM-COM) or outside France, please report it to obtain a specific quote.

The buyer places their order online, from the online catalog and using the form on the site.

For the order to be validated, the buyer must accept these terms and conditions by clicking at the place indicated on the site. Their acceptance will result in the sending of a confirmation email by the seller, in accordance with the conditions described below.

The buyer must choose the address and method of delivery. Payment can be made by credit card, bank transfer, or cash on delivery (only for deliveries to mainland France).

Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, particularly non-payment, an incorrect address, or another problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

In the event of unavailability of an ordered product, the buyer will be informed by email.

The cancellation of the order for this product and any refund will then be made, with the rest of the order remaining firm and final.

For any question relating to the tracking of an order, the buyer can:

• call the following number: +33 6 20 16 17 28 (cost of a local call), on the following days and times: Monday to Friday, from 9 a.m. to 7 p.m.,
• send an email to the following address: contact@ergopiercing.com.

The online provision of the buyer's bank details and the final validation of the order shall constitute proof of the buyer's agreement. This will allow the seller to obtain the payability of the sums due under the order form, and shall constitute the signature and express acceptance of all transactions carried out.

In the event of fraudulent use of bank details, the buyer is invited, as soon as such use is observed, to contact the seller by calling the following number: +33 6 20 16 17 28, or by sending an email to the following address: contact@ergopiercing.com.

Contractual information will be confirmed by email no later than at the time of delivery, or failing that, to the address indicated by the buyer on the order form.

Computerized records, kept in the seller's computer systems under reasonable security conditions, shall be considered as proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

The products governed by these terms and conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered subject to availability.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller's liability cannot be engaged.

Photographs of the products are not contractual.

Calculation

The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not take into account delivery costs, which are billed in addition and indicated before validation of the order. Delivery costs are calculated automatically and displayed before validation of the order. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically passed on to the price of the products in the online store.

Payment of the full price must be made when ordering. At no time may the sums paid be considered as a deposit or installment.

If one or more taxes or contributions, particularly environmental, were to be created or modified, either upwards or downwards, this change may be passed on to the sale price of the products.

Price reduction

The buyer may benefit from special discounts and rebates if applicable, according to the special conditions specified at the time of the order.

Settlement

This is an order with an obligation to pay, which means that placing the order implies payment by the buyer. Payment can be made in the following ways:

• By credit card: Payment is secure and validated online at the time of the order.
• By bank transfer: The seller's bank details will be communicated to the buyer after validation of the order. The order will only be shipped after receipt of the transfer. The delivery time runs from the date of receipt of the payment.
• Cash on delivery: Only available for deliveries to mainland France. Payment is made in cash or by check upon delivery, subject to prior acceptance by the seller.

The seller reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment. The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.

Late payment

Any late payment will result in the immediate enforceability of all sums owed to the seller by the buyer, without prejudice to any other action that the seller would be entitled to bring against the buyer in this regard.

Except in cases of force majeure or during periods of closure clearly announced on the home page of the site, shipping times will be, subject to availability, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For any delivery in mainland France, shipping takes place within 48 to 72 hours after the order. Delivery must take place no later than 10 days after the online order. For any delivery to the French overseas territories (DROM-COM) or outside France, please report it to obtain a specific quote.

In case of delay, the seller's liability cannot be engaged, for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, can be claimed by the buyer.

In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option of canceling their order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days at the latest from their payment, or the exchange of the product.

Delivery is only made after confirmation of payment by the seller's banking institution.

It is provided within the time specified in Article 10, from the seller's receipt of the order form.

Any delay greater than 15 working days may result in the resolution of the sale. The deposits paid or the payment made when ordering will then be returned to the buyer.

In the event of non-compliance with the payment conditions set out above, the seller may suspend or cancel the sale.

The products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, on request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the carrier will leave a delivery notice in the mailbox, which will allow the package to be picked up at the location and within the time indicated.

If at the time of delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products...).

This verification is considered to be carried out as soon as the buyer, or a person authorized by them, has signed the delivery slip.

The buyer must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the item(s) and forward a copy of this letter by fax or simple letter to the seller at the address indicated in the legal notices of the site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 working days following delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions...).

The buyer must submit to the seller within 48 working hours following delivery any complaint of delivery error and/or non-conformity of the products in nature or quality compared to the indications on the order form. Any complaint made beyond this period will be rejected.

The complaint may be made, at the buyer's choice:

• by contacting the seller at the following telephone number: +33 6 20 16 17 28;
• by using the following email address: contact@ergopiercing.com.

Any complaint not made in accordance with the rules defined above and within the allotted time cannot be taken into account and will release the seller from any liability towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by email to the buyer. The exchange of a product can only take place after the assignment of the exchange number.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Registered Colissimo, to the following address: 13 Rue du Fief Gentil, 49000 Écouflant.

Return costs are borne by the seller.

The seller guarantees the buyer against any non-conformity of the services and any hidden defect, arising from a defect in design or supply of the said services, excluding any negligence or fault of the buyer.

In any event, the legal guarantee of conformity is 2 years from the delivery of the product. In the event that the seller's liability is retained, the seller's guarantee would be limited to the amount excluding tax paid by the buyer for the purchase of the goods.

As the buyer is a professional purchasing within the framework of and for the needs of their profession, there is no need to apply the right of withdrawal provided for by the Consumer Code, in accordance with article L221-28 of the French Consumer Code.

All circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes of exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.

Shall be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by them, despite all reasonably possible efforts. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the case law of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers, strikes, pandemics.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure has a duration of more than three months, these terms and conditions may be terminated by the injured party.

If one or more clauses of these terms and conditions are held to be invalid or declared as such pursuant to a law, a regulation, or following a final decision of a competent court, the other clauses will retain all their force and scope.

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions cannot be interpreted for the future as a waiver of the obligation in question. Silence or inaction does not constitute acceptance of future breaches.

These terms and conditions are subject to the application of French law.

The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract.

If they fail to do so, the parties will submit the dispute to the Commercial Court of Angers.

Data collected

The personal data collected on this site are as follows:

• Account opening: when creating the user's account, their last name, first name, email address, phone number, postal address, SIRET, SIREN, Company name (only for billing and commercial management purposes);
• Login: when the user logs into the website, it records, in particular, their last name, first name, login data, usage data, location data, and payment data;
• Profile: the use of the services provided on the website allows a profile to be filled in, which may include an address and a telephone number;
• Payment: as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card;
• Communication: when the website is used to communicate with other members, data concerning the user's communications are temporarily stored;
• Cookies: cookies are used as part of the use of the site. The user has the option to disable cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to make the website's services available, to improve them, and to maintain a secure environment. More specifically, the uses are as follows:

• access to and use of the website by the user;
• management of the operation and optimization of the website;
• organization of the conditions of use of the Payment services;
• verification, identification, and authentication of the data transmitted by the user;
• offering the user the possibility of communicating with other users of the website;
• implementation of user assistance;
• personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
• prevention and detection of fraud, malware (malicious software), and management of security incidents;
• management of any disputes with users;
• sending of commercial and advertising information, according to the user's preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

• when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
• when the user publishes, in the website's free comment areas, information accessible to the public;
• when the user authorizes a third-party website to access their data;
• when the website uses the services of providers to provide user assistance, advertising, and payment services. These providers have limited access to the user's data, as part of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
• if required by law, the website may transmit data to follow up on claims made against the website and to comply with administrative and judicial procedures;
• if the website is involved in a merger, acquisition, asset transfer, or judicial reorganization procedure, it may have to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software, and physical measures relating to digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

Implementation of users' rights

In application of the regulations applicable to personal data, users have the following rights, which they can assert at the following address contact@ergopiercing.com:

• they can update or delete the data concerning them by logging into their account and configuring the settings of this account;
• they can delete their account, by writing to the following email address contact@ergopiercing.com. It should be noted that information shared with other users, such as forum posts, may remain visible to the public on the website, even after the deletion of their account;
• they can exercise their right of access, to know the personal data concerning them, by writing to the following email address: contact@ergopiercing.com. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy;
• if the personal data held by the website is inaccurate, they may request the update of the information, by writing to the following email address: contact@ergopiercing.com;
• users may request the deletion of their personal data, in accordance with the applicable laws on data protection, by writing to the following email address: contact@ergopiercing.com.

Modification of this clause

The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option of deleting their account.