General Terms and Conditions of Sale

ARTICLE 1 - PURPOSE OF THE GTCS

1.1. ARTEUM MUSEES, a simplified joint-stock company whose registered office is located at 16, rue Gaillon - 75002 Paris, registered under number 912 789 922 with the Trade and Companies Register of PARIS, acting on behalf of SOCIETE D'EXPLOITATION DE L'HÔTEL PARTICULIER DE SERGE GAINSBOURG ET DE SES ANNEXES whose registered office is located at 8, square Pétrarque, 75016 PARIS, registered under number 881 533 335 with the Trade and Companies Register of Paris (hereinafter "Maison Gainsbourg"), operates theMaison Gainsbourg online shop (hereinafter the "Shop"), accessible on the Internet at the URL https://www.boutique.maisongainsbourg.fr (hereinafter the "Website").

1.2. These General Terms and Conditions of Sale (hereinafter the "GTCS") describe the terms for the remote sale of merchandise (hereinafter the "Products") between Maison Gainsbourg and customers visiting the Shop (hereinafter the "Customers") and set out the rights and obligations of the Parties in this respect.

ARTICLE 2 - SCOPE OF APPLICATION

2.1. These GTCS apply without restriction or reservation to all sales of Products made between Maison Gainsbourg and the Customer on the Website.

2.2. The GTCS may be consulted at any time on the Website and will prevail, where applicable, over all other contradicting versions or documents.

These GTCS may be modified at a later date, and the version applicable to the Customers' purchase is that in force on the Website on the date the order is placed.

Changes to these GTCS are enforceable against Website users as from the time they are published online and cannot apply to any prior transactions.

ARTICLE 3 - PRODUCT CHARACTERISTICS

3.1. The Products offered for sale by the Shop feature a description enabling Customers to learn about their main characteristics, including their specifications, illustrations and their price inclusive of taxes and shipping costs. Customers are required to read each Product's description to learn about their properties, key specificities and delivery times.

Customers must read this description before placing any orders.

3.2. Products are chosen and purchased under the Customer's sole liability.

3.3. The photographs and graphic elements included on the Website are not contractual and cannot incur Maison Gainsbourg's liability.

3.4. Contractual information is provided in French and English and is subsequently confirmed upon confirmation of the order by the Customer.

3.5. For orders shipped to a country other than Metropolitan France; the Customer is the importer of the Products in question. For all Products shipped outside of the European Union and French Overseas Departments, Regions and Territories, prices are automatically calculated exclusive of taxes on the invoice. Customs duties, other local taxes, import duties or state taxes may be owed. These will be borne by the Customer and are its sole liability.

ARTICLE 4 - DURATION OF VALIDITY OF THE PRODUCT OFFER

Products are offered subject to available stock, as specified upon placement of the order. Maison Gainsbourg may offer Products for sale on its Website for a time-limited price and a limited period of availability.

ARTICLE 5 - ORDERS

5.1. Customer registration

All orders are subject to the Customer's registration on the Website.

5.2. Order placement

The Customer is responsible for choosing the Product(s) he/she wants to order on the Website, as follows:

1. The Customer searches for a Product on the Shop using the search engine or the menu

2. The Customer chooses the Product(s) he/she wants

3. He/she then adds the Product(s) to be ordered to his/her basket with a single click

4. He/she places his/her order by carefully checking the chosen Product(s), quantities, shipping costs and prices in euros including taxes

5 The amount of shipping costs varies based on the Product(s) ordered and the delivery location(s)

6. The Customer also checks the delivery and billing address, if different

7. He/she is informed that by placing the order, he/she is required to pay the price and approves the General Terms and Conditions of Sale

8. He/she pays the order in full by clicking on the "Order and Pay" button.

Upon full payment by the Customer, the sale is concluded, and the price is debited from the Customer's bank account.

5.2.2. The Customer is responsible for checking the accuracy of the order and immediately reporting or correcting any errors potentially made by the Website.

5.2.3. An email confirming the order will be immediately and automatically sent by Maison Gainsbourg.

5.2.4. The data recorded in Maison Gainsbourg's computer system serve as proof of all transactions with the Customer.

Unless the Customer has placed his/her order in "Guest" mode, said Customer may track their order on the Website by logging in to their account.

5.3. Changes to orders

Once payment has been made, under the conditions set out above, the Customer cannot change his/her order.

5.4. Product availability

In case of temporary or definite, full or partial unavailability of the Product ordered, Maison Gainsbourg will inform the Customer by email within 48 business hours (Monday to Friday) in response to his/her order. In any case, for reasons relating to the specificities of orders placed on the Shop, it is possible for a Product indicated as available in the confirmation email to become unavailable within the following minutes.

In this case, the Customer will be offered a similar Product or the option to cancel the order within 48 hours. Cancellation of the order will result in a refund to the Customer by crediting the initial payment method.

5.5. Order cancellation

Once payment has been made, under the conditions set out above, the Customer cannot cancel his/her order, except in the case of a clear error made by Maison Gainsbourg, where the Customer exercises his/her right of withdrawal or in case of force majeure.

ARTICLE 6 - PRICES

6.1. The Products are provided at prices set freely by Maison Gainsbourg included on the Product's description sheet.

6.2. Prices are indicated in euros, inclusive of taxes and exclusive of delivery costs.

The amount of delivery costs for each Product is indicated on the Product sheet and is applied upon confirmation of the order by the Client.

6.3. For some Products subject to eco-tax or to environmental unit costs, such costs must be clearly indicated on the Website and on the invoice provided to the Customer.

6.4. Once payment has been confirmed, Maison Gainsbourg will send the Customer an invoice by email. The invoice will also be available on the Customer's account.

ARTICLE 7 - PAYMENT TERMS

7.1. The price is payable to the payment provider chosen by Maison Gainsbourg, which will collect the full amount on the day the order is placed by the Customer, using a secure payment method, exclusively by bank card: Visa, MasterCard, and other bank cards, secure payment via a TLS-type module (Transport Security Layer) and 3D Secure authentication.

7.2. Payment by bank card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and the refund of any corresponding amounts after having made a claim and stopped the payment by contacting his/her bank.

7.3. Payments made by the Customer will only be considered final upon effective collection of the amounts owed by the payment provider.

7.4. Maison Gainsbourg must deliver the Products ordered by the Customer if the latter has paid the price in full under the conditions set out above.

7.5. Furthermore, in case of non-compliance with the payment terms set out above, Maison Gainsbourg reserves the right to suspend or cancel delivery of any orders in progress placed by the Customer.

No additional costs, exceeding the costs borne by Maison Gainsbourg for use of a payment method, may be invoiced to the Customer.

ARTICLE 8 - DELIVERIES

8.1. The Products ordered by the Customer will be delivered in Metropolitain France, in the French Overseas Departments, Regions and Territories and in all other countries accepted by Maison Gainsbourg and listed in the dedicated section within the shipping timeframes indicated on the Product sheet, increased by the timeframe for processing and shipment to the address specified by the Customer when placing the order on the Website.

8.2. Delivery consists of the transfer of physical possession of the Product to the Customer.

8.3. Except in special cases or where one or several Products are unavailable, the Products ordered will be delivered in one instalment.

8.4. Maison Gainsbourg undertakes to make all efforts to deliver the products Ordered by the Customer within the timeframes set out above. However, these timeframes are provided for informational purposes.

8.5. In the event that the Products ordered have not been delivered within a period of thirty (30) days of payment, for any reason other than force majeure or the Customer's action, the sale may be cancelled at the Customer's written request. The amounts paid by the Customer will be returned to him/her at the latest within fourteen (14) days of the date on which the contract was cancelled, to the exclusion of any compensation or holdbacks.

8.6. Deliveries are made by an independent courier, chosen by Maison Gainsbourg, to the address specified by the Customer on placement of the order and which the courier may easily access.

8.7. Deliveries are made to the Customer's home address, or any other address chosen by the Customer.

8.8. The Customer must check that the product appears to match the order, upon delivery and before signature (product not ordered, damaged product, problem relating to quantity). In this respect, he/she must make all useful reservations upon delivery of the package against signature. Signature without reservation shall be deemed acceptance and signify the absence of apparent defects.

The Customer may also take all useful action in case of a lack of compliance as referred to in Article 11.

ARTICLE 9 - TRANSFER OF OWNERSHIP - TRANSFER OF RISKS

Ownership of Maison Gainsbourg Products will only be transferred to the Customer upon delivery of the package by the courier.

Similarly, the related risks of loss and damage will only be transferred at the time the Customer takes physical possession of the Products.

ARTICLE 10 - RIGHT OF WITHDRAWAL

10.1. Pursuant to legal provisions in force, the Customer has a period of fourteen (14) days as from receipt of the Product to inform Maison Gainsbourg of his/her desire to exercise his/her right of withdrawal, without the need to provide any reason or pay any penalties, to receive an exchange or a refund, provided that the Products are returned in their original packaging and in perfect condition within a period of fourteen (14) clear days as from the notice sent to Maison Gainsbourg of the Customer's decision to withdraw.

This right of withdrawal must be exercised by using the withdrawal form provided either in Annex 1, to be sent by post, or via the link included on the invoice received upon payment of the order.

10.2. Products must be returned in their original condition and must be complete (packaging, accessories, manuals, etc.) enabling them to be put back on the market in new condition, and must be accompanied by their purchase invoice and, possibly, a return slip.

Damaged, used, soiled or incomplete Products cannot be returned.

10.3. Where the right of withdrawal is exercised within the abovementioned timeframe, only the price of the Products purchased and delivery costs will be refunded and return costs will remain borne by the Customer.

Refunds will be made within a period of fourteen (14) days as from receipt of the Product, by crediting the payment method used for the purchase.

10.4. The Customer cannot exercise this right of withdrawal in the following cases:

- provision of services fully performed before the end of the withdrawal period, the performance of which started after the Consumer gave his/her explicit prior consent and expressly waived his/her right to withdraw;

- provision of merchandise manufactured according to the consumer's specifications or clearly customised;

- provision of merchandise likely to deteriorate or expire quickly;

- provision of merchandise that has been opened by the consumer after delivery and cannot be returned for hygiene or health reasons;

- provision of audio or video recordings or computer software when such Products have been opened by the consumer after delivery.

ARTICLE 11 - SELLER'S LIABILITY - GUARANTEE

11.1. The Products sold through Maison Gainsbourg's intermediary are compliant with legislation in force in France.

11.2. The Customer automatically benefits, without any additional payment, independently of his/her right to withdraw and in compliance with legal provisions:

- from the legal guarantee of compliance, for Products that appear to be defective, damaged or deteriorated or which do not match the order;

- from the legal guarantee against latent defects caused by a material used, design or manufacturing error affecting the products delivered and rendering them improper for use, under the conditions and terms set out in the box below.

The consumer has a period of two years as from delivery of the merchandise to action the legal guarantee of compliance in case of discovery of a lack of compliance. During this period, the consumer is only required to establish the existence of a lack of compliance and not the date on which the latter arose.

As a result of the legal guarantee of compliance, the professional is obliged, where applicable, to provide all necessary updates to ensure the merchandise remains compliant.

The legal guarantee of compliance grants the consumer the right to repair or replacement of the merchandise within a period of thirty days as from his/her request, at no cost and no major inconvenience for the latter.

If the merchandise is repaired under the legal guarantee of compliance, the consumer will benefit from a 6-month extension to the initial guarantee.

If the consumer requests that the merchandise be repaired but the seller requires its replacement, the legal guarantee of compliance will be renewed for a period of two years as from the date on which the merchandise was replaced.

The consumer may obtain a reduction of the purchase price by keeping the merchandise or may terminate the contract and request a full refund against restitution of the merchandise, if:

1) The professional refuses to repair or replace the merchandise;

2) Repair or replacement of the merchandise occurs after a period of thirty days;

3) Repair or replacement of the merchandise causes a major inconvenience to the consumer, notably if the consumer definitely bears the costs for the return or removal of the non-compliant merchandise, or if he/she bears the costs of installing the repaired or replaced merchandise;

4) Non-compliance persists despite the seller's unfruitful attempt to bring the merchandise into compliance.

The consumer is also entitled to a reduction of the merchandise's price or to cancellation of the contract when the lack of compliance is so serious that it justifies an immediate reduction of the price or termination. In this case, the consumer is not required to first request that the merchandise be repaired or replaced.

The consumer is not entitled to cancellation of the sale if the lack of compliance is minor.

Any period during which the merchandise is immobilised for repair or replacement will suspend the remaining guarantee period until delivery of the repaired or replaced merchandise.

The rights set out above arise from Articles L. 217-1 to L. 217-32 of the French Consumer Code.

Any seller preventing the implementation of a legal guarantee of compliance, in bad faith, may be liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual revenue (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from a legal guarantee against latent defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years as from discovery of the defect. This guarantee grants the right to a price reduction if the merchandise is kept or to a full refund if the merchandise is returned.

11.3. Any claims to this end must be made using the contact form available on the Website, by providing the relevant order number.

The Customer may reach an agreement with Maison Gainsbourg to return the Products under guarantee, in the condition in which they were received along with all their components (accessories, packaging, manuals, etc.).

Prior to any returns, the Customer must necessarily make a request for return using the contact form and by specifying the reason for the "Return and refund" request. If the request is accepted, Maison Gainsbourg will inform the Customer of the terms of said return.

11.4. Maison Gainsbourg will refund, replace or order the repair of the Products or parts under guarantee considered non-compliant or defective.

Shipping costs will be refunded based on the invoiced price and return costs will be refunded upon provision of supporting documents.

Refunds for Products considered non-compliant or defective will be made as soon as possible and at the latest within fourteen (14) days of the time Maison Gainsbourg discovers the lack of compliance of latent defect.

Refunds will be made by crediting the payment method used by the Customer upon making the purchase.

11.5. Maison Gainsbourg's liability cannot be incurred in the following cases:

- non-compliance with the laws of the country in which the Products are delivered, which the Customer is responsible for verifying;

- in case of improper use, improper storage, negligence or lack of care by the Customer, and in case of normal wear of the Product, accident or force majeure.

In any case, Maison Gainsbourg's guarantee is limited to the replacement or refunding of Products that are non-compliant or defective.

11.6. Where applicable and in addition to the legal guarantees of compliance and the guarantee against latent defects, the Products purchased on the Shop may benefit from a contractual guarantee provided free of charge or against payment, as specified in the description of each relevant Product, under the terms and conditions and at the prices set out in the Product's description.

ARTICLE 12 - PERSONAL DATA PROTECTION

Pursuant to French Act no. 78-17 of 6 January 1978 amended by French Act no. 2018-493 of 20 June 2018, it is reminded that personal data (hereinafter the 'Data') requested from the Customer by Maison Gainsbourg are required for the processing and shipment of his/her order.

The Customer's Data are collected and processed in strict compliance with Maison Gainsbourg's Privacy Policy, which can be found at the following URL: www.maisongainsbourg.fr/politique-de-confidentialite/

Maison Gainsbourg undertakes to ensure the security of the Data that it stores for the purposes of fulfilling and tracking orders.

The processing of information provided through the intermediary of the Website meets legal requirements in terms of Data protection, and the information system used ensures optimal protection of such Data.

In accordance with national and European regulations in force, the Customer has a permanent right to access, modification, rectification, objection, portability and the restriction of processing as regards his/her data.

This right may be exercised under the terms and conditions set out on the Website, by sending a detailed message to the following email address: dpo@maisongainsbourg.fr.

ARTICLE 13 - INTELLECTUAL PROPERTY

The graphic charter, features and content of the Website are the exclusive property of Maison Gainsbourg and are protected by French and international intellectual property laws.

Any full or partial reproduction of said content is strictly prohibited and may constitute the offence of counterfeiting.

ARTICLE 14 - UNFORESEEABILITY

It is reminded that in the event of a change of circumstances that was unforeseeable at the time the contract was entered into, in accordance with the provisions of Article 1195 of the French Civil Code, the Party that has not accepted to take on an excessively costly performance risk may ask his/her co-signatory to renegotiate the contract.

ARTICLE 15 - FORCE MAJEURE and FORTUITOUS EVENT

The Parties cannot be held liable if the non-performance or late performance of any of their obligations, as described herein, is caused by a fortuitous event or a case of force majeure, within the meaning of Article 1218 of the French Civil Code.

Force majeure or a fortuitous event shall mean all cases, and notably full or partial strikes, lockouts, disorders, riots, machinery breakdown, epidemics, fires, floods, natural disasters or nuclear fission and, in general, all cases recognised by Court of Cassation case law.

The Party discovering the event must immediately notify the other Party of its inability to perform is service and demonstrate this to the latter. The suspension of obligations cannot under any circumstances be a cause of liability for non-performance of the obligation in question, nor result in the payment of damages or late-payment penalties.

As from the time the reason for suspension of their mutual obligations ceases to exist, the Parties will make all efforts to resume the normal performance of their contractual obligations as soon as possible.

If the obstacle is permanent or exceeds one (1) month, this contract will be purely and simply cancelled upon first presentation of formal notice sent by registered letter with a request for acknowledgment of receipt.

Consequently, the order will be considered cancelled. Any amounts paid will be refunded.

ARTICLE 16 - TOLERANCE OR RENUNCIATION

Maison Gainsbourg and the Customer formally agree that any tolerance or renunciation by one of the Parties in the implementation of all or part of the undertakings set out herein, regardless of their frequency or duration, cannot be construed as an amendment to this contract nor create any rights.

ARTICLE 17 - PARTIAL NULLITY

If one or several provisions set out herein are held to be invalid or declared such pursuant to a law, regulation or final decision rendered by a competent court, all other provisions will retain their full force and scope.

ARTICLE 18 - PRECONTRACTUAL INFORMATION

18.1. Maison Gainsbourg displays precontractual information on all Products visible on the Website, which must include the key characteristics of the merchandise or service, considering the communication media used and the merchandise or service in question.

18.2. The Customer acknowledges that, prior to making an immediate purchase or placing the order and entering into the contract, he/she has been clearly and intelligibly informed of these General Terms and Conditions of Sale and of all information listed in Article L.221-5 of the French Consumer Code, and notably the following information:

- the key characteristics of the Products;

- the price of the Products;

- the date on or the timeframe within which Maison Gainsbourg undertakes to deliver the Product;

- information relating to the Seller's identity, postal address, telephone number and email address, its activities, if they are not apparent from the context;

- information relating to legal and contractual guarantees and the terms of their implementation;

- the ability to resort to conventional mediation in case of dispute;

- the conditions, timeframe and terms for exercising the right of withdrawal;

- the fact that the Customer will bear the costs of returning the merchandise in case of withdrawal.

ARTICLE 19 - LEGAL EFFECTS

19.1. Entirety

The action by which a Customer places an order on the Website will signify full and complete adherence to and acceptance of these General Terms and Conditions of Sale and result in the obligation to pay the Products ordered, which is expressly acknowledged by the Customer; said Customer notably waives the right to invoke any contradicting document, which will be unenforceable against Maison Gainsbourg.

19.2. Identification

Our contact information is as follows:

- Website: https://www.boutique.maisongainsbourg.fr

- ARTEUM Musée

- Address of registered office: 16 rue Gaillon - 75002 Paris

- Trade and Companies Register no.: 912 789 922

- Intra-community VAT no.: FR26912789922

ARTICLE 20 - APPLICABLE LAW - LANGUAGE

These GTCS and the resulting transactions are governed by and subject to French law.

These GTCS are drafted in French and in English.

In any case, and where they are translated into other foreign languages, only the French version will be considered authentic in case of dispute.

ARTICLE 21 - MEDIATION

The Customer is informed that Maison Gainsbourg must first be informed of any consumer disputes before any mediation requests as described below are made.

In accordance with the provisions of Articles L. 611-1 and R. 612-1 et seq. of the French Consumer Code relating to amicable dispute resolution, when a consumer sends a written claim to a professional and does not receive satisfaction or a response within a period of two months, he/she may lodge their claim with the mediator for consumer affairs, at no cost. The mediator must be referred to within a maximum period of one year as from the initial claim.

The mediator, MCP MEDIATION, may be contacted directly online, at the following address: www.mcpmediation.org

or by post MEDIATION DE LA CONSOMMATION & PATRIMOINE - 12 Square Desnouettes - 75015 PARIS

by specifying:

- your contact details;

- the order number and/or your customer number;

- the date of your order;

- the dispute encountered;

- any prior written measures taken in respect of Maison Gainsbourg prior to contacting the mediator;

- the solutions proposed by Maison Gainsbourg;

- what you expect from mediation.

- resorting to any alternative dispute resolution methods (conciliation or the online dispute resolution platform

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR, for example).

ARTICLE 22 - DISPUTES

22.1. All disputes are resolved directly between the Customer and Maison Gainsbourg using the contact form at their disposal on the Website.

Thus, the Customer has the ability to notify Maison Gainsbourg of any claims notably relating to non-receipt of the Product, non-compliance with the order or receipt of a damaged Product.

The Customer and Maison Gainsbourg will make all efforts to resolve the dispute amicably.

Depending on the situation, the dispute will result either in a new delivery of the Product ordered, or a refund, under the conditions set out in these GTCS.

 

ANNEX

WITHDRAWAL FORM :

You can download the withdrawal form here.

This form must be completed and returned, except in the case of exclusions or limits to the exercise of the right of withdrawal pursuant to the applicable General Terms and Conditions of Sale.

General Terms and Conditions of Sale in force on 20/09/2023