General Terms and Conditions of Sale

General Terms and Conditions of Sale

ETCH

Updates as of December 1, 2022 www.etch-couteaux.com (the “ Site ”) are published by ETCH, a simplified joint-stock company with a capital of €1,000, whose registered office is located at 13 rue du Baigneur – 75018 Paris, registered with the Paris Trade and Companies Register under number 920 468 154, whose intra-community VAT number is FR35920468154 (hereinafter “ETCH”).

1. Applications of the general terms and conditions of sale

The Site is reserved for retail sales to individual consumers acting for personal purposes (the " Customer "). The Customer represents and warrants that they are acting as the end consumer of the products they order. The general terms and conditions of sale (the " Terms and Conditions ") detailed below apply to and form an integral part of all orders and sales of products and services placed via the Site (the " Products ") with ETCH by the Customer. The Customer must read the Terms and Conditions before placing any order (the " Order "), as the Terms and Conditions are available on the Site. Consequently, placing an Order implies the Customer's full and unreserved prior acceptance of the Terms and Conditions by clicking the "I have read and agree to the terms and conditions" button. ETCH reserves the right to adapt or modify these Terms and Conditions at any time. The version of the Terms and Conditions applicable to a sale is the one displayed online on the etch-couteaux.com website at the time the Order is placed.

2. Site information and site accessibility

etch-couteaux.com is an e-commerce website owned and operated by ETCH. The Site is accessible to all internet users 24/7, except in cases of scheduled or unscheduled interruptions by ETCH or its service providers for maintenance and/or security purposes, or in cases of force majeure (as defined below). ETCH shall not be held liable for any damages of any kind resulting from the Site's unavailability. ETCH does not guarantee that the Site will be free from anomalies, errors, or bugs, nor that the Site will operate without failure or interruption. ETCH may, at its sole discretion, determine any period of unavailability of the Site or its content. ETCH shall also not be held liable for data transmission problems, connection issues, or network unavailability. ETCH reserves the right to modify the Site for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of service provision, the Client may be informed of the changes, but their acceptance is not required.

3. Registration on the site

To place an order, the Customer must register on the Site by creating an account containing their information (the " Account "). ETCH validates the Customer's registration on the Site after verifying the standard form completed by the Customer. The Customer receives a registration confirmation email. When creating their Account, the Customer must ensure the accuracy and completeness of the information they provide. The Customer is responsible for keeping their personal information up to date. In the event of an error in the recipient's contact information, ETCH cannot be held liable for the inability to deliver Products. By registering on the Site, the Customer represents and warrants to ETCH that they are of legal age and have the legal capacity to enter into a contract. ETCH may delete the Customer's Account at any time, for any reason, at its sole discretion, without incurring any liability in this regard.

4. Products

The Products offered for sale are those described on the Website on the day the Customer consults the Website, subject to availability. This information is updated automatically in real time. However, ETCH is not liable for any errors in updating, regardless of their origin. Therefore, ETCH cannot be held responsible for the cancellation of a Product Order due to stock depletion. ETCH takes the utmost care in presenting and describing its Products to best inform the Customer. However, errors may appear on the Website, which the Customer acknowledges and accepts. ETCH does not guarantee the accuracy or security of information transmitted or obtained through the Website. Thus, the photographs, graphics, and descriptions of the products offered for sale are for illustrative purposes only and do not constitute a binding commitment on the part of ETCH. In particular, the photographs illustrating the Products may appear slightly different from the actual product due to the Customer's screen settings or the lighting conditions during photography. It is possible that the Customer may receive an item previously returned by another customer. Please note that ETCH only accepts returns of Products that are undamaged and unused; these two conditions are verified before returned Products are restocked.

5. Orders

Placing an order on the Site is subject to compliance with the procedure implemented by ETCH on the Site, which includes successive steps leading to order validation. The Customer may select as many Products as they wish, within the limits of normal consumer needs. These Products will be added to the shopping cart (the " Cart "), which summarizes the Products chosen by the Customer, as well as their prices and related fees. The Customer may freely modify the Cart before validating their order. Order validation and clicking the " I have read and agree to the terms and conditions of sale " button constitutes confirmation of the Customer's acceptance of the Terms and Conditions of Sale, the Products purchased, their price, and associated fees. A confirmation email summarizing the order (Product(s), price, availability, quantity, etc.) will be sent to the Customer by ETCH. The Customer expressly agrees to the use of email for confirmation by ETCH of the order details. Invoices are available in the "my account" section of the Site.

6. Refusal to process an order

ETCH reserves the right to remove any Product displayed on the Site at any time and to replace or modify any content or information appearing on it. Despite ETCH's best efforts to meet its customers' expectations, it may refuse to process an Order after sending the Customer the order confirmation email. ETCH shall not be liable to the Customer or any third party for any damages resulting from the removal of a Product from the Site, the replacement or modification of any content or information appearing on the Site, or the refusal to process an Order after sending the order confirmation email. ETCH also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute regarding payment for a previous order, who has acted in violation of these Terms and Conditions, or in the event of objective suspicion of fraud. ETCH strictly prohibits the use of its Site for professional purposes, particularly for the purpose of purchasing for resale on a professional basis. Consequently, ETCH reserves the right to refuse an order placed by a professional or by a person clearly acting for professional purposes, in particular if the quantity of items ordered abnormally exceeds the needs of a consumer.

7. Price and payment terms

Product prices are shown on the Site in euros, inclusive of VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier. All displayed prices are calculated and include the value-added tax (VAT) applicable in France. ETCH reserves the right to change its prices at any time, but Products will be invoiced based on the rates in effect at the time the Order is registered and paid for, subject to availability. Products are payable in full upon placement of the Order. Payment for purchases is made via the secure platform of our payment provider, Shopify. ETCH does not have access to its Customers' payment data, which is transmitted directly to Shopify. During each transaction, Shopify and the banks of the payment issuer conduct an analysis of the transaction to limit the risk of fraudulent activity. Following this analysis, some Orders may be blocked. Therefore, ETCH cannot be held responsible for any refusal to process an order blocked due to suspected fraud. The Customer expressly acknowledges that providing their bank card number when placing an order constitutes authorization to debit their account for the price of the products ordered. If applicable, an order cancellation notification due to non-payment will be sent to the Customer by ETCH to the email address provided by the Customer during registration on the Site. The data recorded and stored by ETCH, excluding payment data, constitutes proof of the order and all sales transactions. The data recorded by Shopify constitutes proof of any financial transaction between the Customer and ETCH.

8. Delivery

Delivery refers to the transfer of physical possession of the Products to the Customer (the " Delivery "). Delivery occurs, according to the Customer's choice, by receiving the Products at the postal address provided, which must be the Customer's residential address, the address of a natural person of their choice, or a legal entity (delivery to their company). The Delivery costs applicable to the Order are those indicated on the Website at the time of the Order. When ETCH arranges the shipment of the Product, the risk of loss or damage to the Product is transferred to the Customer upon Delivery. Conversely, when the Customer arranges the shipment of the Product, the risk is transferred to the Customer upon handover of the Product to the carrier. Shipments are provided by Chronopost, La Poste, and DPD, from Monday to Friday, depending on the option chosen by the Customer when validating their Order. ETCH typically delivers orders within a maximum of twelve (12) business days for delivery within Metropolitan France and twenty (20) business days for international delivery. This period begins on the first business day following order confirmation. Following the launch of a new collection and from November 23rd to December 31st, the delivery time may be extended by ten (10) days due to the exceptionally high volume of orders. To ensure these delivery deadlines are met, the Customer must provide accurate and complete delivery address information (including, but not limited to: street number, building number, floor, access codes, names and/or intercom numbers, etc.). If the delivery deadline is exceeded, and as long as the Product has not been delivered, the Customer may request cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum of thirty (30) days of their request. Notwithstanding the foregoing, ETCH shall not be liable for any consequential damages resulting from a delivery delay; only a refund of the Product by ETCH is possible, to the exclusion of any other form of compensation. In the event that Delivery cannot be made due to an incorrect delivery address or the Customer's failure to collect their Order from the selected collection point, no reshipment will be possible and the Customer will be refunded within ten (10) days of receipt of the Order by ETCH.

9. Right of withdrawal – return and refund

9.1. Timeframe and Procedures for Exercising the Right of Withdrawal In accordance with Article L.221-18 of the French Consumer Code, the Customer has thirty (30) days from receipt of the Order to exercise their right of withdrawal with ETCH, without having to justify their decision. After this thirty (30) day period, the sale is final. The right of withdrawal may be exercised by mail to the following address: ETCH – 13 rue du Baigneur – 75018 Paris, France, or by email to hello@etch-couteaux.com. The Customer may not exercise their right of withdrawal for a Product made to their specifications, used, damaged, or unsealed. 9.2. Procedures for Returning the Order under the Right of Withdrawal The right of withdrawal may be exercised without penalty. The Customer returns the Order using their own shipping method, and ETCH will then reimburse them without undue delay and, at the latest, within thirty (30) days of notifying ETCH of their decision to withdraw, in accordance with Article L. 221-21 of the French Consumer Code. The Product must be returned to ETCH in its original packaging, in its original condition, new, and unused. The Customer is responsible for arranging the return shipping. ETCH will cover the cost of returning the Product.

9.3. Refund of Products Returned Under the Right of Withdrawal ETCH will refund the Order no later than fourteen (14) days from the date it is informed of the Customer's decision to withdraw, provided that it has received the Product subject to the right of withdrawal within this period. ETCH will issue the refund using the same payment method used for the Order. If this payment method has expired, the Customer must contact customer service to change the refund method. ETCH will not be liable for any delay in the refund. If the Customer fails to comply with these Terms and Conditions, ETCH will not be able to refund the Products in question. In all cases, return shipping costs are borne by ETCH if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.

10. Guarantees - Limitation of Liability

10.1. Limitation of Liability

ETCH's liability for any Product purchased on the Site is strictly limited to the purchase price of that Product. ETCH shall under no circumstances be liable for the following losses, regardless of their origin: loss of revenue or sales; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of working or management time; damage to reputation; loss of opportunity, including the opportunity to order a Product; or moral damages. The documents, descriptions, and information relating to the Products appearing on the Site are provided without any warranty, express or implied, except for warranties provided by law. ETCH provides no guarantee regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot , logic bomb, or any other type of programming routine designed to damage, destroy, or otherwise impair the functionality of a computer or disrupt its proper operation, including any transmission resulting from the Client's download of any content, the software used by the Client to download the content, the Site, or the server that provides access to it. In this regard, the Client acknowledges that it is their responsibility to install appropriate antivirus and security software on their computer hardware and any other devices to protect them against any bugs, viruses, or other such harmful programming routines. The Customer acknowledges assuming all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that they are solely responsible for any damage to their computer system or any data loss resulting from downloading such content. ETCH is only obligated to deliver Products that conform to the contractual provisions. Products are considered to conform to the contractual provisions if the following conditions are met: (i) they must conform to the description and possess the characteristics set forth on the Site; (ii) they must be fit for the purposes for which products of this kind are generally intended; (iii) they must meet the quality and durability standards that are generally accepted for products of the same kind and that can reasonably be expected. Furthermore, ETCH warrants consumers against defects in conformity and hidden defects for Products sold on the Site under the following conditions: 10.2. Legal Guarantees All products sold on the Site are covered by the legal guarantee of conformity (as defined in Articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-conforming Products free of charge. However, Products modified, repaired, or integrated by the Customer are excluded from the guarantee. The guarantee will not cover apparent defects, or defects that the Customer knew of or could not have been unaware of at the time of the Order, particularly with regard to the information provided by ETCH. The guarantee will also not cover Products damaged after the transfer of risk to the Customer, or due to misuse.

Legal guarantee of conformity

According to Article 1641 of the Civil Code: "The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."

If the Customer discovers a hidden defect as defined in Article 1641 of the French Civil Code, they may exercise the legal guarantee against hidden defects within two years of discovering the defect. Their request must be sent to Customer Service at hello@etch-couteaux.com . When the guarantee against hidden defects is invoked, ETCH undertakes, at the Customer's option and after assessment of the defect: - either to refund the full price of the returned Product, - or to refund a portion of the price of the Product if the Customer decides to keep it. Finally, the Customer is reminded that the legal guarantee of conformity and the legal guarantee against hidden defects are not mutually exclusive and do not deprive the Customer of any other contractual or commercial guarantee that may be granted by ETCH. Nor do they deprive the Customer of their right of withdrawal as defined in Article 9 of the General Terms and Conditions. 10.1. Force Majeure In the event of the occurrence of a force majeure event preventing the execution of the Order or these General Terms and Conditions, ETCH shall inform the Client within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Specifically, in addition to those usually recognized by French courts, the following are considered force majeure or fortuitous events: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, severe weather, epidemics, blockages of transportation or supply routes for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to marketing methods, computer failures, telecommunications outages, including wired or wireless networks, and any other event beyond the control of the parties that prevents the normal performance of the contractual relationship. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction in question may be terminated at the request of ETCH or the Client without compensation from either party.

1. Retention of title

ETCH retains full and complete ownership of the Products sold until full and complete payment of the price, including principal, fees, taxes and mandatory contributions.

2. Partial disability

If one or more provisions of these Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.

3. Non-waiver

No tolerance, inaction or inertia on the part of ETCH shall be interpreted as a waiver of its rights under the General Terms and Conditions.

4. Applicable law – competent jurisdiction – mediation

The sale of Products is governed by French law. However, the choice of French law does not deprive a Customer who is a consumer residing outside of France of the application of the mandatory consumer protection provisions of the law of the country in which the Customer has their habitual residence, provided that ETCH conducts its business or directs its business towards that country. In the event of a dispute arising from an Order or a sale, the Customer may submit a written complaint to Customer Service at hello@etch-couteaux.com . The Customer may also contact the online dispute resolution platform provided by the European Commission at the following address:https://ec.europa.eu/consumers/odr/ , particularly in the case of cross-border disputes. Furthermore, the Customer always has the right to take legal action to resolve a dispute. Any dispute must be submitted exclusively to the competent courts within the jurisdiction of the Court of Appeal of Paris, or, if the Customer is a consumer, to any legally competent court.

APPENDIX 1: Sample withdrawal form

(Complete and return this form along with the order number only if you wish to withdraw from the contract. We advise you to also specify your order number.) To: ETCH – 115 rue du Bac – 75007 Paris, France, Email: hello@etch-couteaux.com I hereby notify you of my withdrawal from the contract for the sale of the following item(s): (identification of the product(s) for which the right of withdrawal is exercised) Ordered on ……………..(order date) and/or received on ……………..(delivery date) Name of Consumer Customer: Address of Consumer Customer: Signature of Consumer Customer (only if this form is submitted on paper) Date: For any questions, you can contact Customer Service at hello@etch-couteaux.com .

Legal information

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1. Editor

ETCH, a simplified joint-stock company with a capital of €1,000, registered with the Paris Trade and Companies Register under number 920 468 154, whose registered office is located at 13 rue du Baigneur - 75018 Paris, France. The publication director is Aymeric Perrot, legal representative of ETCH. Contact: hello@etch-couteaux.com

2. Host

Google Domains

3. Design and production

ETCH

4. Personal data and cookies

In accordance with the provisions of French Law No. 78-17 of 6 January 1978 concerning information technology, data files and civil liberties, this website has been registered with the CNIL (French Data Protection Authority) under number 2039445. All information in your account is used solely for the purpose of your business relationship with etch-couteaux.com . This information is never shared with third parties or sold for any purpose other than the provision of services by ETCH.