General Conditions of Sale

These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") are concluded between AVENSTA on the one hand and any person having visited and/or made a purchase on the website www.avensta.com on the other hand, hereinafter referred to as the "User". Any purchase or visit to the website www.avensta.com (hereinafter the "Site") automatically entails acceptance of all of these conditions.

As a preliminary point, it is appropriate to define the terms used in these General Terms and Conditions.

PRELIMINARY ARTICLE

Customer: any user of the Site who has a customer account on the Site and/or who makes a purchase of a Product through the Site. Each Customer is a User of the Site.

Order: process which consists of the Customer choosing the Products he wishes to purchase on the Site. This Order is finalized when the Customer has chosen the products he wishes to have delivered as well as the delivery options and when he has finalized the payment for these products.

Product: means any product that can be viewed or purchased on the Site by a User. This may be a product present on the Site and not yet purchased by the User, or a product present (or not) on the Site and purchased by the User.

User: any person who accesses the Site, regardless of whether they are a Client or not.

Site: internet page www.avensta.com as well as all related internet pages

ARTICLE 1 – PURPOSE AND SCOPE OF APPLICATION OF THE GTC

1) The purpose of these General Terms and Conditions is to define the conditions under which Users may access or use the Site.

2) The parties are bound by all terms, conditions and policies described therein, as well as by those additional terms and conditions referred to in these T&Cs.

3) When visiting any part of this Site and/or purchasing a Product, each User undertakes, without restriction or reservation, to comply with these General Terms and Conditions.

4) These T&Cs are notified to Users for acceptance prior to any Order on the Site. These T&Cs are considered an offer, the acceptance of which is limited to the strict terms, conditions and policies defined in 2) of this article.

5) All new tools, features, Products, services that will be added after the date of publication of these T&Cs will also be subject to these T&Cs.

ARTICLE 2 – CURRENT VERSION OF THE GTC

1) The version of the T&Cs that prevails is the latest version available on the Site.

2) AVENSTA is free to update, change or replace any part of these T&Cs at any time and without notice, in order to take into account any administrative injunction or recommendation, as well as any legal, jurisprudential and/or technical developments. When finalizing a new Order, the Customer accepts the T&Cs in force on the date of said Order. It is the responsibility of each User to regularly consult the updates of these T&Cs at the following address: Calle Cruces de San Juan 47 35015 Las Palmas de Gran Canaria, Las Palmas, Spain

3) Access by the User to the Site and/or use of any function of this Site by the User, after the publication of any modification of these T&Cs, constitutes acceptance by the User of these new T&Cs. If a User refuses the T&Cs or their subsequent modifications, it is his/her responsibility to renounce any use of the Site.

ARTICLE 3 – CONDITIONS OF USE OF THE SITE

1) The Site is hosted by Shopify Inc., provider of the digital e-commerce platform which allows AVENSTA to present and sell its Products and services.

2) By accepting these T&Cs, the User expressly declares that he/she has reached the age of majority in his/her country, state or province of residence, and that he/she has given his/her consent to allow any minor to use the Site under his/her control.

3) If the User is a legal entity, it must be duly represented, under the conditions provided for by law, which it expressly acknowledges and accepts.

4) The User undertakes not to use the Products or services of this Site for any illegal or unauthorized purpose.

5) The User undertakes not to jeopardize the proper functioning of the Site by using computer means such as worms, viruses or any other computer code or process of a nature detrimental to the Site.

6) The Site service, its operation and any part or content of the Site service may be interrupted at any time by AVENSTA, without notice or any other prior information to the User. AVENSTA is not responsible for any suspension or interruption of the service, part of the Site service or the operation thereof.

ARTICLE 4 – GENERAL CONDITIONS

1) AVENSTA reserves the right to refuse service to anyone for any reason at any time. In addition, AVENSTA reserves the right to limit the sales of the Products or Services in any geographic region or jurisdiction.

2) AVENSTA reserves the right to limit the quantities of any Product or service it offers.

3) The User acknowledges and accepts that all Product descriptions and all Product prices may be modified at any time and without notice, at the sole discretion of AVENSTA.

4) AVENSTA reserves the right to stop offering a Product at any time and without notice, at AVENSTA's sole discretion.

5) AVENSTA acknowledges that any offer of Product or service presented on its Site is void where prohibited by law.

ARTICLE 5 – PRICE

1) The User acknowledges and accepts that the price of the Products may be changed without notice. In particular, these changes may occur due to variations in the prices of raw materials, logistics costs or any other reason. AVENSTA is not responsible for the consequences of such a price change.

2) The prices of the Products applied to the Customer correspond to those displayed on the Site at the time of the Order.

3) The prices of the Products are in euros, all taxes included.

ARTICLE 6 – PRESENTATION OF ARTICLES

1) The User declares to be informed that photographs of the Products are present on the Site, and that they allow as clear a display as possible of the appearance of the Products, in particular with regard to their color.

2) The User acknowledges that AVENSTA cannot guarantee that the Products will be exactly identical to the photographs, in particular due to the technical constraints of making the photographs available on the Site, or the differences between the screens of Users' electronic devices.

3) The User acknowledges and accepts that AVENSTA does not guarantee that the quality of all Products, services, information will meet the User's expectations, nor that any error in the service or operation of the Site will be immediately and systematically corrected by AVENSTA.

4) The User acknowledges and accepts that the Site may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and product availability, AVENSTA reserves the right to correct any error, inaccuracy, omission, and to change or update information or cancel orders, if any information on the Site is inaccurate, at any time and without notice, including after an Order placed by a Customer.

5) The User acknowledges and accepts that AVENSTA is not obliged to update, modify or clarify information on the Site or on any associated website, including but not limited to pricing information, unless clarifications are required by law.

6) The User declares to have full knowledge of the provisions of this article, and therefore agrees not to hold AVENSTA liable in this regard, except in the cases provided for by law.

ARTICLE 7 – OPTIONAL TOOLS

1) AVENSTA may provide in certain cases access to third-party tools over which it exercises no monitoring, control or influence, which the User acknowledges.

2) The User expressly acknowledges and accepts that AVENSTA provides access to such tools “as is” and “as available”, without any warranty, representation or condition of any kind, and without any approval required from the User.

3) The User expressly acknowledges and accepts that the use of optional tools on the Site is at the User's own risk and discretion. AVENSTA recommends that the User consult the conditions to which these tools are subject by the third-party provider(s) concerned.

4) The User declares to have perfect knowledge of the provisions of this article, and therefore agrees not to hold AVENSTA liable in this regard, linked to the use of these optional third-party tools, except in the cases provided for by law.

ARTICLE 8 - THIRD PARTY LINKS

1) The User acknowledges that certain content, Products and services available through the Site may include elements from third parties.

2) The User acknowledges that links from third parties on this Site may redirect him to third-party websites that are not affiliated with AVENSTA. AVENSTA is not responsible for examining or evaluating the content or accuracy of these sites, and does not guarantee and assumes no responsibility for any content, website, product, service or other element accessible on or from these third-party sites.

3) The User expressly acknowledges and accepts that AVENSTA is not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites.

4) AVENSTA advises the User that he/she is required to carefully read and understand the policies and practices of third parties before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these same third parties.

ARTICLE 9 – USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS

1) The User expressly acknowledges and accepts that, if he/she submits to AVENSTA or about AVENSTA specific content, or communicates creative ideas, suggestions, proposals, plans and/or other elements for improving the Site, the Products or the AVENSTA service, whether online, by e-mail, by post, or by any other means of communication, in particular by posting comments on the Site, AVENSTA reserves the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use and in any media all of these AVENSTA comment elements.

2) The User expressly acknowledges and accepts that AVENSTA is not required (1) to maintain the confidentiality of such comments (2) to pay compensation or remuneration to anyone for such comments (3) to respond to or ensure the publication of such comments.

3) The User expressly acknowledges and accepts that AVENSTA has the power but has no obligation to monitor, modify or delete content communicated or published on the Site, which AVENSTA considers, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, vulgar or otherwise objectionable, or which infringes any intellectual property or these T&Cs.

4) The User agrees to write respectful, courteous comments that do not violate the rights of third parties, including copyright, trademarks, confidentiality, personality, or other personal or property rights.

5) The User agrees to write comments and communicate with AVENSTA without using a false email address, and/or pretending to be someone he is not, and/or trying to mislead AVENSTA staff and/or third parties as to the origin of his comments.

6) The User acknowledges that he is entirely responsible for all comments he publishes, their consequences and their accuracy. AVENSTA assumes no responsibility and declines any commitment regarding any comment that the User publishes.

ARTICLE 10 – PERSONAL INFORMATION

The submission of the User's personal information is governed by the AVENSTA Privacy Policy available at the following link: https://www.avensta.com/pages/privacy-policy

ARTICLE 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

1) The Customer undertakes and expressly agrees to provide all Order and account information that is up to date, complete, exhaustive, accurate and fair regarding all of its Orders placed on the Site.

2) The Customer undertakes and expressly accepts to keep up to date all information relating to his account, in particular his e-mail address, credit card numbers and expiration dates, for the proper execution of the Order he has placed. AVENSTA cannot be held liable in this regard.

3) AVENSTA reserves the right to limit or prohibit Orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

ARTICLE 12 – PROHIBITED USES

The User expressly undertakes and agrees not to use the Site or its content for illegal purposes, or to incite third parties to carry out illegal acts, or to infringe or violate the intellectual property rights of AVENSTA as well as those of third parties, or to submit to the public false, misleading and/or defamatory information, or to collect or track the personal information of others, or to spam, phish, hijack a domain, extort information, browse, crawl or scrape the web, or to undermine or circumvent the security measures of the Site.

ARTICLE 13 – ORDER

1) The User may browse the Site without any obligation to purchase. To place an Order, the Products must be selected by the Customer who adds them to his/her shopping cart. It is not necessary for the User to create a personal account on the Site to place an Order.

2) Once the Order is finalized, the support is confirmed by AVENSTA by sending an email to the email address indicated by the Customer when placing the Order. The Order is finalized once the Customer has made the payment in full and the latter has been received by AVENSTA.

3) The Customer expressly acknowledges and accepts that an Order finalized and in the process of being sent cannot be cancelled.

4) When the Order is finalized, AVENSTA undertakes to automatically send a tracking number to the Customer to the email address provided when subscribing to an account on the Site or indicated by the Customer when placing the Order. The Customer is required to save this tracking number, and if it is not received, to check the spam and/or filters of their email box. The Customer expressly acknowledges and accepts that AVENSTA cannot be held responsible for the loss, incorrect recording or lack of diligence in finding the tracking number by the customer.

5) Once the Order is finalized, AVENSTA undertakes to send the Products within 3 working days. The Customer expressly acknowledges and accepts that this period may be extended due to the occurrence of a force majeure event as defined in French case law and the Civil Code, or any other event that was not reasonably under the exclusive control of AVENSTA.

6) AVENSTA undertakes to honor validated Orders, within the limit of available stocks. The User expressly acknowledges and accepts that AVENSTA reserves the right to refuse any Order placed by a User in the event of a stock shortage or due to the occurrence of a force majeure event as defined in French case law and the Civil Code, or any other event that has not been reasonably under the exclusive control of AVENSTA, in particular the excessive and sudden increase in AVENSTA's order book concerning one or more Products.

7) User expressly acknowledges and agrees that AVENSTA reserves the right, at its sole discretion, to reduce or cancel quantities purchased per person, per household or per order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address.

8) In the event of modification or cancellation of an Order, AVENSTA will notify the Customer by contacting them by e-mail and/or by telephone provided by the latter and/or by post to the billing address.

ARTICLE 14 – DELIVERY, EXCHANGE, RETURN

1) The delivery costs are specified including all taxes on the Site and are displayed to the Customer when the Order is placed. The latter must accept them at the time of validation of this Order.

2) The Customer expressly acknowledges and accepts that delivery costs depend on the territory of the address of receipt of the Product.

3) AVENSTA uses external service providers (carriers, postal services, various logistics and delivery providers, etc.) for the sending and delivery of the Products, AVENSTA depends on these third parties and is entirely dependent on these service providers. Consequently, the User expressly acknowledges and accepts that the sending and delivery times indicated on the Site and in these General Terms and Conditions may be extended due to these third-party service providers without AVENSTA being liable for delays in delivery and any consequences that may result therefrom.

4) The Customer expressly acknowledges and accepts that the automated tracking indicating a delivery, listed by the tracking number automatically communicated to the Customer according to the conditions of article 9, 4), constitutes proof between the Parties of the proper receipt of the Product. In addition, the Customer expressly acknowledges and accepts that he is required to provide any evidence of the absence of delivery, which he undertakes to provide as soon as possible to AVENSTA so that the customer service of the latter can, at its own discretion and in assessment of the evidence provided by the Customer, decide to return Products identical to those ordered from the Customer, and this without any additional cost to the Customer.

5) In accordance with the provisions of Article L.221-28 of the Consumer Code, the Customer expressly acknowledges and accepts that the Products cannot be the subject of a request for exchange or refund, unless the Products delivered are defective within the meaning of the Civil Code, i.e. if they are Products that do not offer the safety that a standard person can legitimately expect. In the latter case, the Customer must provide all evidence of the safety defect of the product that he provides as soon as possible to AVENSTA, failing which AVENSTA will not proceed with any exchange or refund, which the Customer expressly acknowledges and accepts.

6) Delivery of the Products takes place within 5 to 9 working days (Monday to Friday) after dispatch of the Product. The Customer is informed that on average, the Products are delivered within 8 working days after dispatch of the Product.

7) The User expressly acknowledges and accepts that a temporary stock shortage, generated by high demand, may slow down the dispatch of the Products and increase the dispatch time by 1 to 6 working days.

ARTICLE 15 – LIMITATION OF LIABILITY AND LEGAL WARRANTIES

1) The User expressly acknowledges and accepts that AVENSTA shall not be held liable for the obligations of these General Terms and Conditions in the event that the failure to perform its obligations is attributable to the actions of a third party, even if this is a foreseeable event, to the fault of the Customer, or to the occurrence of a force majeure event as defined in French case law and the Civil Code, or to any other event that was not reasonably under the exclusive control of AVENSTA.

2) The User expressly acknowledges and accepts that AVENSTA declines all liability for damages of any nature whatsoever, resulting in particular from the use of the Site or the Order of Products. This may include damages resulting from the interruption of the Site's service, or its slowdown, or its security and data protection breach, or errors present on the Site, or damage to the reputation and image of the User and/or the Customer due to the above failures. AVENSTA may not under any circumstances be held liable for an interruption of all or part of the Site regardless of the cause, duration or frequency of this interruption.

3) The User expressly acknowledges and accepts that his use of the Site, or his inability to use it, is at his sole risk. The Site is provided to him “as is”, the Products and services are provided “as is” and “as available” for the User’s use.

4) AVENSTA, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors shall in no case be liable for any injury, loss, claim, or any type of damages, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the use by a User of any service or product from the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, AVENSTA's liability shall be limited to the maximum extent permitted by law.

5) In accordance with the provisions of the Consumer Code, the Customer has a period of 14 clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception of return costs. The right of withdrawal can only be exercised if the Products have not been unpacked, opened, damaged or used by the Customer, failing which the Products cannot be returned.

6) The period starts from the day the Customer receives the goods. The Customer shall contact AVENSTA at the following email address: aide@avensta.com as soon as possible to inform them of the exercise of their right of withdrawal.

7) In the event of successful withdrawal by the Customer, AVENSTA undertakes to reimburse all sums received in respect of the order placed by the Customer within 14 days following receipt of the Products by AVENSTA.

8) If AVENSTA finds that the Product returned by the Customer is damaged, worn, or in a condition not corresponding to that of the shipment, no refund will be made by AVENSTA. This rule also applies in the event of the absence of a label or original packaging.

9) AVENSTA is responsible for the conformity of the Products upon delivery and the Customer may challenge the non-conformity of the Product delivered within the meaning of Article L.217-5 of the Consumer Code.

10) The Customer has a period of 2 years from the delivery of the Product to report any non-conformity to AVENSTA and choose whether to have it repaired or replaced. In accordance with Article L.217-8 of the Consumer Code, AVENSTA reserves the right not to follow the Customer's choice if it entails a cost that is clearly disproportionate compared to the other option, taking into account the value of the Product or the significance of the defect presented by the Product.

11) AVENSTA guarantees the Customer against hidden defects in the Product in accordance with article 1641 of the Civil Code.

12) The Customer's warranty is expressly excluded in the event of deterioration or degradation of the Product due to use not in accordance with its intended purpose or due to the Customer. This includes, but is not limited to, failure to comply with the precautions for use of the Product, such as unusual handling or lack of diligence in the proper use of the Product by the Customer or a third party, transport of the Product or its exposure to substances incompatible with the use of the Product, modification, handling, customization of the Product by the Customer or a third party.

13) The warranty is expressly excluded in the event of the return of the Product by the Customer in a condition other than that in which the Product was delivered to the Customer. The warranty only applies if the Product is returned with the original packaging, accessories, instructions for use, labels and all other items present at the time of delivery of the Product.

ARTICLE 16 - COMPENSATION

The User expressly agrees to indemnify, defend and protect AVENSTA and its parent company, subsidiaries, affiliates, partners, managers, agents, directors, licensors, contractors, service providers, subcontractors, suppliers, interns and employees, concerning any request or claim, including (reasonable) attorneys' fees, emanating from a third party and based on the violation by the User of these GTC or the documents referenced by them.

ARTICLE 17 – SEVERABILITY

In the event that any provision of these Terms is found to be unlawful, void or unenforceable, then that provision shall be deemed severed from the remaining provisions of these Terms, which shall remain valid and enforceable. Such severance shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 18 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date of these Terms of Service shall survive the termination of this Agreement for all purposes.

These T&Cs are effective unless and until terminated. User may terminate these T&Cs at any time by notifying AVENSTA that User no longer wishes to use AVENSTA's services or its Site.

The User expressly acknowledges and accepts that if he fails, or if AVENSTA suspects that the User has been unable to comply with the terms of these T&Cs, AVENSTA may terminate this agreement at any time and without notice, in which case the User will remain liable for all amounts up to the date of termination (inclusive), and/or will be denied access to the AVENSTA services and/or the Site (or any part thereof).

ARTICLE 19 – NON-WAIVER

The failure of AVENSTA to exercise the rights granted to it by these General Terms and Conditions may not under any circumstances be interpreted as a waiver of the right to assert said rights.

Any ambiguity in the interpretation of these T&Cs shall not be construed against the drafting party.

ARTICLE 20 – APPLICABLE LAW

These T&Cs, as well as any other separate agreement through which AVENSTA provides services, will be governed by and interpreted under the laws in force in France, which the User expressly acknowledges and accepts.

ARTICLE 21 – CONTACT DETAILS

Users may ask questions regarding these T&Cs at the following address: aide@avensta.com