PARTY DEFINITION Between the Company HOLDING TRASH INNOVATION, 148 rue de Bruay, 1000, Calonne Ricouart with a share capital of €1000, registered with the Trade and Companies Register of Calonne Ricouart, under SIRET number 882 301 914, represented by COQUETTE FRANCKY as Managers, duly authorised for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the home page of the website. PREAMBLE The seller is a publisher of products and services for maintaining mobile waste containers marketed through its website (https://holdingtrash.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site as well as its sales pages. ARTICLE 1 – PURPOSE The present General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of Products and Services offered by the Seller. ARTICLE 2 – GENERAL PROVISIONS These General Terms and Conditions of Sale (GTS) apply to all sales of Products, or Services made through the Company’s website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on its website. The GTC then applicable are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. These GTC can be consulted on the Company’s website at the following address: https://holdingtrash.com/conditions-generales-de-vente/. The Company also ensures that their acceptance is clear and unreserved at the time of purchase. The Customer declares that he has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale linked to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer meets his needs. The Customer declares that he is in a position to contract legally under French law or validly represent the natural or legal person for which he is committing himself. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions. ARTICLE 3 – PRICE The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Vendor. They shall be borne by the Buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities, and the Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company’s websites are to be borne by the Customer. Where applicable, delivery costs are also payable by the Client. ARTICLE 4 – CONCLUSION OF THE ONLINE CONTRACT The Customer will have to follow a series of steps specific to each Product or Service offered for sale by the Seller in order to complete his order. However, the steps described below are systematic: – Information on the essential characteristics of the Product; – Choice of the Product, its options, if any, and indication of the Customer’s essential data (identification, address, etc.); – Acceptance of the present General Terms and Conditions of Sale. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of payment instructions, and payment of the products. – Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a PDF copy of these terms and conditions of sale. For the products delivered, this delivery will be made to the address indicated by the Customer. For the purposes of proper completion of the order, the Customer undertakes to provide his or her true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason. ARTICLE 5 – PRODUCTS AND SERVICES The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites. The customer certifies that he has received a detail of the delivery charges as well as the terms of payment, delivery and execution of the contract. The Vendor undertakes to honour the Customer’s order within the limits of available stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French language. In accordance with French law, they are the subject of a summary and a confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the sales pages of the Products, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding conformity and hidden defects, the Vendor shall reimburse or exchange defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or registered letter. ARTICLE 6 – RETENTION OF TITLE CLAUSE The products remain the property of the Company until full payment of the price. ARTICLE 7 – TERMS OF DELIVERY The products are delivered to the delivery address that was indicated at the time of the order and the time indicated. This time does not take into account the order preparation time. When the Customer orders several products at the same time, these may have different delivery times and be delivered in different ways. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email in order to follow up on the order. The Seller reminds that at the moment the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. ARTICLE 8 – AVAILABILITY AND PRESENTATION Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. ARTICLE 9 – PAYMENT Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or cheque. The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of art and cannot be read during transport on the network. Once the payment is made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorises the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled by operation of law and the order is cancelled. ARTICLE 10 – WITHDRAWAL PERIOD In accordance with Article L. 121-20 of the Consumer Code, “the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay penalties, with the exception, where appropriate, of the cost of return”. “The period mentioned in the previous paragraph shall run from receipt in the case of goods or from acceptance of the offer in the case of services. The right of withdrawal may be exercised by contacting the Company by email or telephone. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded, the costs of return shall remain at the expense of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be sold again in new condition; if possible, they must be accompanied by a copy of the proof of purchase. Return costs France – €7.07 Germany – €12.59 United Kingdom – €14.07 Spain – €14.07 Italy – €14.07 Netherlands – €12.59 Belgium – €12.59 Luxembourg – €12.59 ARTICLE 11 – GUARANTEES In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller shall reimburse the buyer or exchange products that are apparently defective or do not correspond to the order made. The refund request must be made by contacting the Container by email. The Seller reminds that the consumer: – has a period of 2 years from the delivery of the goods to act with the Seller – that he can choose between replacement and repair of the goods subject to the conditions provided by the above-mentioned provisions. apparently defective or not corresponding – that he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. – that, with the exception of second-hand goods, this period will be extended to 24 months from 18 March 2016 – that the consumer can also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between cancellation of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code). ARTICLE 12 – CLAIMS If necessary, the Buyer may submit any claim by contacting the company by email. ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited. Adapt ARTICLE 14 – FORCE MAJEURE The performance of the seller’s obligations hereunder is suspended in the event of the occurrence of an act of God or force majeure that would prevent its execution. The seller shall notify the customer of the occurrence of such an event as soon as possible. ARTICLE 15 – NULLITY AND MODIFICATION OF THE CONTRACT If one of the stipulations of the present contract were to be cancelled, this cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties. ARTICLE 16 – RGPD AND PROTECTION OF PERSONAL DATA In accordance with the European regulation on the protection of personal data, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions of sale, you consent to the collection and use of this data by us for the performance of this contract. ARTICLE 17 – APPLICABLE LAW All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.