ARTICLE 1 - DEFINITIONS

The following terms will have the following meanings in these general terms and conditions of sale:

Customer : means any natural person residing within the European Union having full legal capacity to enter into a contract for the purpose of purchasing Product(s) for purposes not falling within the scope of its commercial, industrial, artisanal, liberal or agricultural activity.

General Conditions : means these general terms and conditions of online sale applicable to consumer customers, as well as their annexes which form an integral part.

Product(s) : means the new or repacked product(s) marketed by ERGOSANTE through the Site, i.e. office seats, coffee tables, trays and accessories, without limiting this list.

« Site » : means the website accessible to the address https://www.mdcevennes.com/en/ and edited by ERGOSANTE, whose publication director is Mr. Samuel Corgne, hosted by OVH, simplified stock company, registered in the register of trade and companies in Lille under number 424 761 419, whose head office is 2 rue Kellermann - 59100 Roubaix.

Part(s) : means separately or jointly ERGOSANTE and the Customer.

ERGOSANTE means ERGOSANTE, Anonymous company with board of directors, whose head office is located 28 Labahou Industrial Zone, 30140 Anduze, registered in the Register of Trade and Nîmes Societies under the number 790 648 851, represented by Mr. Samuel Corgne, whose VAT identification number is FR36790648851 and whose customer service is accessible by email to the address contact@ergosante.fr.

ARTICLE 2 – GENERAL OBJECT AND PRINCIPLES

2.1 The General Terms and Conditions are intended to define the contractual framework applicable to the purchase by the Customer of product(s) marketed by ERGOSANTE through the Site.

2.2 The General Conditions form the set of contractual stipulations governing, within this framework, the relationship between ERGOSANTE and the Customer who renounces the use of any contradictory document, which would be inopposable.

2.3 The complete completion of the ordering procedure referred to in Article 4 takes full acceptance of the General Conditions as well as the obligation to pay by the Customer, which is expressly accepted by the Customer.

2.4 The failure to exercise, at any time, a prerogative recognized by the General Conditions or not requiring the application of any of the provisions of the General Conditions shall not, in any case, be construed, or as an amendment to the General Conditions, or as an express or tacit waiver to the said prerogative and/or stipulation.

2.5 In the case that any of the stipulations of the General Conditions would be considered illegal or unopposable by a court decision, the other stipulations will remain in force.

2.6 The General Terms and Conditions may be subject to further modifications or modifications, the version of the General Terms and Conditions applicable to the Customer’s order is that in force on the Site on the date the Customer passes the order concerned.

ARTICLE 3 – PRODUCTS

3.1 ERGOSANT undertakes to sell products in conformity with the regulations and standards in force in the European Union at the time of sale, but does not guarantee such compliance with applicable regulations and standards in force for countries outside the European Union.

3.2 The essential characteristics of the product(s) are described on the Site with the greatest possible accuracy and in particular, without limiting this list: description, specifications, illustration, dimensions, materials, product sheets, etc. These features were presented to the Customer prior to the order, as part of the pre-contractual information available on the Site or communicated to the Customer by ERGOSANTE.

3.3 The Customer expressly declares that they have taken note of this information before selecting the product(s) chosen and, more generally, have access to all the information that determines their consent.

3.4 Products offers can be reached within the limits of available stocks. If not available, ERGOSANT undertakes to inform the Customer as soon as possible by email or by telephone. The Customer has the ability, in the event of unavailability of the product(s) ordered, to cancel or modify his order. In case of cancellation for unavailability, the Customer will be refunded within fourteen (14) days of receipt of his cancellation request.

3.5 Attention, the Products are delivered to unmounted Customers, dependent on the Customers to mount them themselves according to the mounting indications.

3.6 Procurement of Products for resale is strictly prohibited.

3.7 To the extent that the Products incorporate spare parts indispensable for their use, the date on which these spare parts will be available will be the subject of information on the Site or on any other durable medium that finds or accompanying the sale.

ARTICLE 4 – COUNTRY

4.1 Creating a Client Account

4.1.1 In order to be able to place an online order on the Site, the Customer will be asked to create an account by indicating their name and name, postal address, telephone and email (hereinafter the "Customer Account"). The Customer undertakes to provide accurate, up-to-date, complete and accurate data.

4.1.2 Access to the Customer Account is protected by a personal and confidential password. The Customer undertakes to keep it secret and not to communicate it to third parties in any way. The Customer is responsible for his password and orders placed from his Customer Account. If the Customer Account is fraudulently used, the Customer agrees to report it immediately to ERGOSANTE.

4.2 Product control steps

4.2.1 Any Product(s) order on the Site requires the perfect completion of all of the following steps:

-        The Customer must first log in to the Site and then click on the corresponding tab ("NEWS PRODUCTS", "RECONDITIONS PRODUCTS", etc.) according to the Product he wishes to purchase;

-        On the selected tab, the Customer must choose the desired product(s), the options, the quantity, and then add the product(s) to its basket by clicking on the "ADD TO CART" link;

-        The Customer must click on the "MON PANIER" icon to check the details of the order, its total price and modify any errors, then choose between either "COMMANDER" directly, or "LEAR THE CART" to see the estimated price of the delivery and the VAT and then "COMMANDER" then;

-        At the next step, the Customer must indicate their billing address and can log in to their existing customer account or create a customer account;

-        To complete its billing address, the Customer must enter its name and name, billing address, country, postal code, city, telephone and email address;

-        He may choose to use his billing address for the delivery of the Products by clicking on “SHIPPING A CETTE ADDRESSE” or specify a different address for the delivery of the Products by clicking on “SHIPPING A DIFFERENT ADDRESS”;

-        If the Customer chooses “SHIPPING A DIFFERENT ADDRESS”, he enters, at the next step, his first name and name, delivery address, country, postal code, city, telephone and email address;

-        At the next step, the Customer chooses a delivery mode;

-        At the next step, the Customer must choose his payment method;

-        Before final validation of the order, ERGOSANTE offers the Customer the opportunity to check the details of the order and its total price, apply a promotional code, identify any errors made in the data entry and correct them;

-        The Customer must read the General Conditions that are displayed automatically on the drop-down menu and check the box “ I acknowledge that I have read and accept the terms and conditions of sale » ;

-        Finally, at the last step, the Customer must click on "VALIDER LA COMMANDE", follow the instructions of the payment platform and adjust the total amount of its order.

4.2.2 PRODUCT COMMITTEE ON THE SITE IS A COMMANDE WITH THE OBLIGATION OF PAYMENT.

4.2.3 The command will be permanently saved only at the last validation of the command summary screen. This action is similar to the handwritten signature referred to in section 1367 of the Civil Code. From this action the order is considered irrevocable and can only be challenged in the cases limited to the present and the law.

4.2.4 La sale of product(s) is final only after sending to the Customer confirmation of acceptance of the order by ERGOSANTE by email, which will be sent without delay and after receipt by ERGOSANTE of the entire price. This confirmation email summarizes all contractual information and includes the applicable General Terms and Conditions annexed in attachments to the PDF format. These documents may be retained, recorded and printed by the Customer. By keeping this e-mail and/or printing it, the Customer holds proof of its order that ERGOSANTE recommends it to keep.

ARTICLE 5 – PRICES, FACTURATION AND PAYMENT

5.1 Access to the Site is via the Internet. Access to the Internet network through a remote communication service is borne by the Customer.

5.2 The Products are provided at the current prices on the Site when the order is registered. These prices are indicated in euros and all taxes included ("tax incl.") and excluding shipping costs that are at the expense of the Customer. These rates are firm and not revisable during their validity period, ERGOSANTE reserves the right to change its prices at any time.

5.3 Final prices take into account possible reductions that would be made by ERGOSANTE on the Site and possible promotional codes held by the Customer.

5.4 Any product ordered by the Customer is charged by ERGOSANTE on the basis of the final price and the shipping costs mentioned during the complete completion of the ordering process described in Article 4.

5.5 The payment of the order is cash and is made by bank cards (Map-Bleue, Visa, MasterCard), by bank transfer on the ERGOSANTE account or by PAYPAL.

5.6 The Customer is expressly informed that no order can be prepared or shipped, as long as its total price has not been fully received by ERGOSANTE. If the bank refuses, the order will be automatically cancelled.

5.7 ERGOSANTE reserves the right to cancel or refuse any order of a Customer with whom a dispute concerning the payment of an earlier order exists.

ARTICLE 6 – DELIVERY OF PRODUCTS

6.1 The product(s) will be delivered to the Customer only within the European Union by an independent carrier partner of ERGOSANTE to the delivery address indicated by the Customer during the order.

6.2 ERGOSANT deliver the product(s) from the order, within the time specified on the Site for each product category.

6.3 The carrier will contact the Customer to plan together the delivery of the product(s).

ARTICLE 7 – TRANSFER OF RISKS

7.1 The transfer of risks to the Product occurs when the Customer, or a third party designated by him, physically takes possession of the said Product.

7.2 In the event of a return of a Product by the Customer under a legal warranty, the risks are transferred to ERGOSANTE from the receipt or return of the Product concerned.

7.3 If a Product is returned by the Customer following the exercise of its right of withdrawal, the risks are transferred to ERGOSANTE from the receipt or return of the Product concerned.

ARTICLE 8 – RIGHT TO RETRACTATION

8.1 Subject to the exception mentioned in article 8.9 below, the Customer shall have a period of fourteen (14) days to exercise his right of withdrawal, without having to provide any reason or to pay a penalty, by sending to ERGOSANTE the withdrawal form available in Annex 1 of the General Conditions or by means of any other statement clearly expressing his decision (for example, letter to that effect sent to the ERG’, 28 Industrial area of Labahou, 30140 Anduze or by email to the address contact@ergosante.fr).

8.2 The withdrawal period shall be short from the receipt by the Customer or the third party designated by him of the Product to the delivery address indicated during the order. In the case of an order bearing several Products delivered separately, the short period from the receipt of the last Product.

8.3 ERGOSANTE recalls that the delivery day of the product is not counted within the time limit fourteen (14) days starts running at the beginning of the first hour of the first day following the said delivery and ends at the end of the last hour of the last day of the delay. If this period expires on a Saturday, Sunday or a holiday or a holiday, it is extended until the next working day.

8.4 The Customer shall return or return the Product(s) to ERGOSANTE or to a person designated by ERGOSANTE, as soon as possible and, at the latest, within fourteen (14) days after the communication of his decision to withdraw. ERGOSANTE recommends that the Customer use a parcel tracking service, proof of the shipment that may be required in case of dispute.

8.5 The product(s) must be returned in their original packaging, complete, intact with their possible accessories and other documentation allowing their return to the market, accompanied by the purchase invoice. Damaged, processed, soiled or incomplete products are not taken over by ERGOSANTE.

8.6 It is expressly agreed that the costs of referring the Products subject to the right of withdrawal shall be borne exclusively by the Customer.

8.7 Subject to the restitution or return to ERGOSANTE of the product(s) ordered within the aforementioned period and to the compliance with Article 8.5 above, the refund will be consistent with the recovery of the product(s) concerned by ERGOSANTE.

8.8 ERGOSANTE will refund all payments received from the Customer, including shipping costs (excluding reference fees as provided for in section 8.6 above), using the same payment method as that used by the Customer for the initial transaction, unless expressly agreed by the Customer for a different means. In any event, the refund will not charge the Customer.

8.9 The right of withdrawal cannot be exercised by the Customer for Products manufactured according to the Customer's specifications or clearly customized.

ARTICLE 9 – LEGAL AND COMMERCIAL GARANTIES

9.1 Products sold by ERGOSANT to the Customer:

-        the legal guarantee of compliance under the conditions provided for in articles L. 217-3 et seq. of the Consumer Code and,

-        the legal guarantee of defects hidden under the conditions provided for in articles 1641 and following of the Civil Code.

9.2 In accordance with the Articles of the Code the Consumer and the Civil Code annexed to the General Conditions, the Customer may act as a legal guarantee of conformity and/or as a legal guarantee of hidden defects by addressing to ERGOSANT.

9.3 In the event of a trade guarantee granted by ERGOSANTE, the Customer is informed thatit will not apply in the following cases:

-        Lack of normal maintenance;

-        Non-compliance with the normal conditions of use and intended uses as detailed in the current use notices;

-        All normal wear;

-        Any mishandling;

-        Any disassembly or maintenance not approved by ERGOSANTE.

ARTICLE 10 – CONDITIONS FOR IMPLEMENTATION OF LEGAL GARANTIES

10.1 The Customer is required to verify the condition and conformity of the product(s) delivered. Any claim on apparent defects and non-conformities of the product(s) delivered, as well as any damage related to transport, must be reported to ERGOSANTE with all supporting documentation (including photos), in writing and by any means.

10.2 By signaling the vice or non-compliance of the Product(s), the Customer will obtain a return authorization from ERGOSANTE specifying the address and terms of return of the Product(s). Once the return authorization is obtained, the Customer shall forward the product(s) to ERGOSANTE to the address specified on the return authorization in the manner indicated.

10.3 Any product returned without the ERGOSANTE agreement will be refused and returned to the Customer at the cost and risk of the Customer. To be validly returned to ERGOSANTE, the Product must be returned complete in its original packaging with any accessories and other documentation as well as its purchase invoice.

10.4 In the event that the Customer returns the Product(s) for a defect of compliance confirmed and confirmed by ERGOSANT, return fees will be borne by ERGOSANT by means of a return or default voucher ERGOSANT refund the Customer of the actual amount of the said charges on proof of the shipping costs that must be attached to the package. Otherwise, no refund may be required by the Customer.

ARTICLE 13 – INTELLECTUAL PROPERTY

13.1 The domain name of the Site, as well as all the elements and contents on the Site, are the exclusive property of ERGOSANT and are protected for the whole world under copyright and intellectual property rights. Their reproduction, even partial, is strictly forbidden. Any use or reproduction, even partial, of any of the elements of the Site within a third party site by means of so-called inclusion processes, frames (frames), inlining or any other similar process are formally prohibited.

13.2 With regard to the Products, their sale by ERGOSANTE to the Customer does not confer on the Customer any right to the intellectual property, of any type (marks, drawings and models, patents, copyrights), relating to the Products of which ERGOSANTE is the holder, nor gives the Customer the right to register or use them for its own account.

ARTICLE 14 – PERSONAL RELATINGS / GDPR

14.1 Communication by the Customer to ERGOSANT, at the time of the creation of its Customer account, the placing of the orders of Products via the Personal Data Site (telephone number, name and name, email address, postal address) is based on its consent, being specified that this collection is essential to the correct execution of orders/delivery of Products.

14.2 The only processing of these personal data will (i) the proper execution of orders/delivery of the Products and (ii) the creation of a customer file for the purpose, for ERGOSANTE, of being able to carry out the following operations: newsletter and e-mailing.

14.3 In accordance with Act No. 78-17 of 6 January 1978 and Regulation (EU) 2016/679 of 27 April 2016 (above and below the "GDP"), the persons concerned have the right to access, rectify, delete personal data concerning them and to define guidelines for the fate of their personal data after their death. They may also object, for legitimate reasons, to the processing of the data concerning them, to request a limitation of the processing and to request to exercise their right to the portability of their data. Customers concerned may exercise all or part of their rights by addressing an email to this effect at the following email address: dpo@ergosante.fr.

14.4 The personal data collected will be retained by ERGOSANTE in the French only territory, exclusively for the purposes of the above-mentioned processing, for a period consistent with CNIL's regulations and recommendations. ERGOSANTE is prohibited from transmitting such personal data to any third party, with the exception of its carrier and agencies that are part of the ERGOSANTE group. The persons concerned have the right to file a claim with the National Commission for Information and Freedoms (CNIL). In any event, it is understood that the requirement for the provision of the detailed personal data above is contractual, the sale and delivery of the Products that cannot be made in the event of non-communication of such data.

ARTICLE 15 – IMPREVISION AND FORCE

15.1 In the event of unforeseeable change in circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume a risk of excessively expensive performance may request a renegotiation of the contract to its contracting partner.

15.2 Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein arises from a case of force majeure, within the meaning of Article 1218 of the Civil Code.

ARTICLE 16 – APPLICABLE LAW - LANGUAGE

16.1 The Terms & Conditions are written in French in their original version, which is believed and prevails over any other version.

16.2 The General Conditions will be executed and interpreted in accordance with French law.

ARTICLE 17 – LITIGES

17.1 In case of dispute relating to these Terms and Conditions, the Customer and ERGOSANTE will try to resolve their dispute amicably. The Customer will have to send ERGOSANTE a friendly claim by email to the following postal address: ERGOSANT, 28 Industrial area of Labahou, 30140 Anduze or by email to the address contact@ergosante.fr.

17.2 If this friendly attempt fails, and in accordance with article L. 1612-1 of the Consumer Code, the Customer is informed that he may in any case resort to conventional mediation with a mediator organization that will be indicated to them by ERGOSANTE.

17.3 The Customer may also, in order to resolve the dispute, access the European online dispute settlement platform provided for in Regulation (EU) No 524/2013 of 21 May 2013 concerning the online settlement of consumer disputes, including cross-border disputes, following the link http://ec.europa.eu/consumers/odr/.

17.4 In the event of failure of this mediation, or if the Customer does not wish to resort to it, disputes relating to the interpretation and/or execution of the General Conditions and/or orders will have to be submitted to the French courts.

ANNEX 1: RETRACTATION FORM

(Please complete and return this form only if you wish to withdraw from your order)

To the attention of ERGOSANTE, 28 Industrial area of Labahou, 30140 Anduze / contact@ergosante.fr

I hereby notify you of the withdrawal of my order concerning the sale of the product mentioned below:

What are you doing

Order number:_______________________________________________________________

Commanded on__________________________________________________________________

Customer Name and Name:___________________________________________________________________________

Customer Address:_____________________________________________________________________

Signature of the Customer:

What are you doing

Date: ______________________________________________________

ANNEX 2: REPRODUCTION OF ARTICLES OF THE CODE OF CONSOMMATION AND CIVIL CODE

-        Article L. 217-3 of the Consumer Code:

The seller delivers a property in accordance with the contract and the criteria set out in section L. 217-5.

It responds to defects in conformity existing at the time of the issuance of the property within the meaning of Article L. 216-1, which appear within two years of the issuance of the property.

In the case of a contract for the sale of a property with digital elements:

1° When the contract provides for the continuous provision of digital content or digital service for a period of less than or equal to two years, or where the contract does not determine the duration of the supply, the seller responds to the failures to comply with this digital content or digital service that appear within two years of the issuance of the property;

2° When the contract provides for the continued provision of digital content or digital service for a period of more than two years, the seller responds to defects in compliance with this digital content or digital service that appear during the period during which it is provided under the contract.

For such goods, the applicable time limit does not deprive the consumer of his right to update in accordance with the provisions of Article L. 217-19.

The seller also responds, during the same period, to defects in conformity resulting from the packaging, assembly instructions, or installation when the contract was loaded or carried out under its responsibility, or when the incorrect installation, performed by the consumer as provided for in the contract, is due to deficiencies or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to sections 2224 et seq. of the Civil Code. The starting point of the prescription of consumer action is the day of the consumer's knowledge of the default. »

-        Article L. 217-4 of the Consumer Code:

“ The property is in accordance with the contract if, in particular, it meets the following criteria:

1° It corresponds to the description, type, quantity and quality, particularly with respect to functionality, compatibility, interoperability, or any other features provided for in the contract;

2° It is specific to any special use sought by the consumer, brought to the attention of the seller at the latest at the time of the conclusion of the contract and that the latter has accepted;

3° It is issued with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract. »

-      Article L. 217-5 of the Consumer Code:

I.- In addition to the contract criteria, the property is in compliance if it meets the following criteria:

1° It is specific to the usual use of a similar property, taking into account, where appropriate, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model before the contract was concluded;

3° Where applicable, the digital elements contained therein are provided according to the most recent version available at the time of the contract's conclusion, unless the parties agree otherwise;

4° Where applicable, it is issued with all accessories, including packaging, and installation instructions that the consumer can legitimately wait;

5° Where applicable, it is provided with updates that the consumer can legitimately wait, in accordance with the provisions of Article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and security, that the consumer can legitimately wait for goods of the same type, given the nature of the property as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or labelling.

II.- However, the seller is not bound by any public statements referred to in the preceding paragraph if it demonstrates:

1° That he did not know them and was legitimately unable to know them;

2° That at the time of the conclusion of the contract, the public statements had been corrected in conditions comparable to the initial declarations; or

3° That public statements could not have influenced the purchase decision.

III.- The consumer may not challenge compliance by invoking a defect in respect of one or more particular characteristics of the property, of which the consumer was specifically informed that they differed from the conformity criteria set out in this article, a deviation to which he expressly and separately consented at the conclusion of the contract. »

-        Article L217-10 of the Consumer Code:

The compliance of the property takes place within a reasonable period that cannot be more than thirty days after the consumer's request and without major inconvenience to the consumer, given the nature of the good and the use sought by the consumer.

The repair or replacement of the non-compliant property includes, where appropriate, the removal and recovery of that property and the installation of the repaired property or replacement property by the seller.

A decree specifies the modalities for the enforcement of the property. »

-        Article L217-11 of the Consumer Code:

The compliance of the property takes place at no cost to the consumer.

The consumer is not required to pay for the normal use it made of the property replaced during the period prior to its replacement. »

-        Article L217-13 of the Consumer Code:

“ Any property repaired as part of the legal compliance guarantee is granted an extension of this six-month warranty.

As long as the consumer makes the choice of the repair but that it is not implemented by the seller, the compliance with the replacement of the property makes the consumer run a new period of legal guarantee of conformity attached to the property replaced. This provision applies from the day the replacement property is issued to the consumer. »

-        Article 1641 of the Civil Code:

“ The Seller is bound by the warranty because of the hidden defects of the thing sold that make it unfit for the use to which it is destined, or that so diminish this use that the buyer would not have acquired it, or would have given it only a lesser price, if he had known them. »

-        First paragraph of Article 1648 of the Civil Code:

“ The action resulting from redhibitral defects must be brought by the purchaser within two years from the discovery of the vice. »