General terms and conditions of sale and use

1 Legal information

1.1 This website https://cartoonely.com/ and https://cartoonely.fr/ (the « Website ») is edited by:

EdytAI LLC, a Limited Liability Company having its registered office located at 1207 Delaware Ave, Wilmington, DE 19806, USA. (the « Company »).

1.2 The Company may be contacted as follows:

- Email: Info[at]cartoonely.com

- Mail: 66 avenue des champs Elysées 75008 Paris

1.3 The Website is hosted by Amazon web service, located at 410 Terry Avenue North Seattle, WA 98109 United States, Contact : 410 Terry Avenue North Seattle, WA 98109 United States

1.4 The manager of the Website is Henry.

1.5 The general conditions of sale (the « GCS » or the « General Conditions of Sale ») are made available to the users on the Website, the GCS may additionally be provided to any user upon request; the GCS exclusively apply to the online sale of products marketed by the Company through the Website to individual customers (the « Client »).

1.6 The GCS are enforceable vis-à-vis the Client who acknowledges, by ticking the relevant box, being aware of the GCS and having accepted the GCS before placing any order. The confirmation of an order is deemed to incur full acceptation by the Client of the GCS in force on the date of the order, the record-keeping of which is handled by the Company.

1.7 The GCS are attached to each confirmation of order sent by the Company to the Client.

1.8 Any Client is then deemed to have full knowledge and having accepted without any reserve all the provisions of the GCS. The GCS shall prevail over any other contrary provisions or conditions which may be included in the general terms and conditions of purchase or any other document from any user. Any contrary conditions set forth by any user shall then be unenforceable against the Company unless the latter accepts these conditions.

2 Purpose of the general conditions of sale

2.1 The GCS aim at defining the conditions under which the Company will, through the Website, enable the Client to order custom-made drawings, designed by professional designers (the « Products »).

2.2 The Products are exclusively available to individual consumers, for their own needs; any commercial use of the Products by the Client is strictly prohibited.

3 Features of the service

3.1 The Website enables the Client to order custom-made drawings, designed by professional designers, based on materials provided by the Client. The Client will provide a picture of the person the portrait of whom he wants to order, will choose the style of the drawing (for instance cartoon or manga style, etc.), as well as the various options allowing him to order a Product that will be custom-made based on the specifications requested by the Client.

3.2 The Website also enables the Client to approve a draft drawing that will be made available to him on the Website, or to request some adjustments to such Product. The Client may if need be discuss with the designer having designed the Product through the chatbot available on the Website.

3.3 The Website provides for an overview of the available products, which sets out their main features. The pictures appearing on the Website are not contractual documents and shall not bind the Company. The Products comply with French applicable regulations.

4 Use of the service

4.1 The Client shall be liable for the practicalities and consequences of its access of the Website through the Internet. This access may incur the payment of fees to some technical suppliers such as internet providers, such fees having to be borne by the Client. The Client shall provide and be the sole responsible for the equipment required to access the Website.

4.2 The Client acknowledges having checked that its IT equipment is secured and up and running.

5 Access to the Website

5.1 Registration of the user

5.1.1 The access to the Website is free and does not require any preliminary registration of the user.

5.1.2 However, while placing his first order, the Client shall provide certain information on the Website in order to create its personal account, that will allow him to get an access to the draft drawings ordered, to approve such drawing, require some adjustments, or if need be discuss with the designer. Once created, to access his personal account the Client shall be authenticated through its login and secret password, that are personal and confidential.

5.1.3 The Client shall not divulge his login and password in accordance with the section « personal data » of these GCS. Any Client commits to preserve strict confidentiality regarding its data, especially regarding its username and password, allowing it to access the Website, the Client acknowledging being the sole responsible for any access to the Website with its own username and password, except in case of established fraud. Any Client further commits to inform, without delay, the Company in the event of any assumption of loss, deflection, or fraudulent use of its username and/or password.

5.1.4 After creation of his personal account, the Client will receive an email of confirmation.

5.1.5 The Client undertakes to:

- Provide upon registration on the Website real, up to date and sincere information, and in particular not to use any wrong name or address or any name and address without due and valid title over it;

- Maintain up to date the registration information to maintain the above-mentioned undertakings.

5.1.6 The Client additionally undertakes not to make available nor circulate illegal or reprehensible information (such as defamatory information, or information constituting an identity fraud), nor harmful (such as a computer virus) information. In the event of the contrary, the Company may suspend and/or terminate the access of the Client to the Service, to the sole tort of the Client.

5.2 Availability of the Website

5.2.1 The Website is available to users at any time, unless because of a force majeure event, IT crash, or issues with the communication networks.

5.2.2 The Company may suspend the access to the Website because of maintenance, back-up or upgrade operations.

5.2.3 The maintenance operations and/or suspension of the Website shall not allow the users to claim for any indemnification.

6 Order process

6.1 To place an order, the Client shall select the Products he wants to order, add such Products to the shopping basket by indicating the selecting Products and the quantity of each Product ordered.

6.2 The Client may check its order and total price and go back to the previous web pages to amend, if need be, its order, before validating such order.

6.3 The validation of an order requires the provision by the Client, through the Website, of the picture(s) that will be necessary to prepare the custom-made drawing, as well as any specifications and options selected by the Client, on which shall be based the order and the price of the Product (the « Client Brief »).

6.4 Once the order placed, any adjustment of the Client Brief may incur additional costs, that will as the case may be be notified to the Client by the Company.

The Client undertakes to read the GCS before approving such document and shall confirm the features and potential costs and withdrawing rights available before placing an order. The confirmation of an order by the Client incurs full acceptance of the GCS and constitutes the contract.

6.5 The attention of the Client is specifically drawn to the mode of acceptance of any order made on the Website. When the Client places an order it shall confirm it through the « double clic » technique, meaning that after having selected the Products ordered, the Client shall check and if need be correct the content of its order (type and quantity of Services selected, price, in particular) before validating such order by clicking on « I validate my testing campaign », before accepting the GCS and clicking on « I pay », and validating its order. The double clic encompasses electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable acceptance, without reserve, of the order placed by the Client.

6.6 The storage of the communications, orders and invoices is operated by the Company and a reliable and sustainable support, to constitute a sincere and sustainable copy. Such documentation constitutes due evidence of the contract. Unless otherwise evidenced, the data recorded by the Company on the Internet or via phone constitute the evidence of the transactions between the Company and its Clients.

6.7 A copy of the application GCS accepted by the Client shall be sent to the Client via email upon receipt of his order confirmation.

6.8 The contractual information relating to the order (including in particular the reference number of the order) shall be confirmed by email to the Client at the latest at the delivery date. The Company recommends to the Client printing and/or storing on a reliable and sustainable support this confirmation of order as evidence of it. An electronic invoice is made available to the Client on its account. The Company recommends to the Client printing and/or storing on a reliable and sustainable support this invoice as evidence of it.

6.9 Any email sent to the Client in connection with an order shall be sent at the email address used by the Client for the purpose of its authentication.

6.10 The Company shall be entitled to refuse the validation of an order for any legitimate ground, in particular if:

- The Client does not comply with the GCS in force on the date of its order; - The Client is owing money to the Company in the context of previous orders; - A previous order of the Client is subject to an outstanding dispute;

- The Client has not answered to a confirmation request sent by the Company.

6.11 The Company is storing the contractual documentation in accordance with applicable laws. By sending a request to 66 avenue des champs Elysées 75008 Paris, France, the Company will send a copy of it to the Client.

6.12 Any amendment of the order after confirmation of it is subject to the prior approval of the Company.

6.13 The information provided by the Client while placing its order binds the Client. The Company’s liability may not be sought if a mistake made while placing the order prevents or delays the provision of the Product.

The Client declares having the full capacity to contract under the GCS.

6.14 The registration is available to capable adults and to minors subject to their registration being monitored and approved by their parents or any other person legally in charge of them. The registration on behalf of third parties is prohibited, unless if a given person is duly and legally empowered to act on behalf of another (for instance as legal representative of an entity). Any registration is strictly personal to a given Client.

6.15 In the event of any breach of the GCS by the Client, the Company may terminate such Client’s account without prior notice.

7 Delivery – Approval of an order

7.1 The draft drawing ordered by the Client shall be made available on the Website within 5 calendar days for « regular » orders or within 2 calendar days for « express » orders (it being specified that express deliveries are not possible in some geographical areas).

7.2 Once the draft drawing is made available to the Client on the Website, the Client shall have 7 calendar days to validate the drawing, or to request some adjustments through the Website; failing any adjustment request by the end of this timeframe, the drawing shall be deemed validated by the Client, without any possibility for the latter to request any further adjustments. Any adjustment request shall incur the provision of a new draft to the Client within 2 calendar days.

7.3 The Client acknowledges that the price of a given Product as set out in the order confirmation may be increased, to the extent certain adjustments that may be requested by the Client may incur additional costs, if such requests vary from the Client’s order, and in particular from the Client brief, for instance adding a character, a vehicle, or any other substantial change; by opposition, minor adjustments such as the colour of a given character’s hair or eyes, as well as adjustments resulting from the fact that the Client Brief has not been duly followed/complied with or from the fact that the character may not be easily identified, shall be free of charge for the Client.

7.4 The delivery schedule, that is provided for information only and is not binding on the Company, as well as the delivery costs, may vary depending on the Product ordered and place of shipment, that shall be notified by the Client on the Website upon placing the order, and may vary depending upon the options selected by the Client.

7.5 Some Products may not be shipped to certain countries; the countries to which the shipment is possible shall be notified to the Client on the Website.

8 Price of the Products

8.1 The price of the Products in force on the date of the order is indicated taxes excluded and included on the Website. In the event of sales, the Company undertakes to apply the preferential price to any order placed during the period of the sales.

8.2 The price is exclusively payable in the currencies referred to on the Website; the Client acknowledges that depending on the currency and place of delivery selected, the price may vary (in particular depending on the taxes applied by certain countries).

8.3 The full amount of the price is due after confirmation of the order. The prices comprise the rebates that the Company may apply.

8.4 The total amount due by the Client and its relating detail are set forth on the order confirmation page.

8.5 To the extent the Products are custom-made, the Client acknowledges that the Products may not be either reimbursed, sent back or exchanged by the Company.

8.6 The Client acknowledges that in the event he would have ordered and paid for a pack of adjustments (such as the “look like me” warranty), allowing him to request a certain number of adjustments without any additional cost other than the price of this option, and that he would not have requested the total number of adjustments contained in this pack/allowed by the option, he will not be entitled to any refund or compensation.

9 Payment – Electronic wallet

9.1 The Client expressly acknowledges that any order placed on the Website is an order incurring a payment obligation, requiring the payment of a price against provision of the Products ordered.

9.2 The Client will have access to an electronic wallet that he may credit to then place orders paid through such wallet.

9.3 The Client is informed that the provision of the Products may only be effective upon full payment to the Company of the sums owed by the Client; a given order may thus not be valid if the balance of the Client’s wallet is not sufficient.

9.4 The Company is using the online payment solution [•].

9.5 The orders may be paid using one of the following payment means:

Payment by credit card

9.6 The payment is made directly on the secured banking servers of the Company’s bank, the Client’s bank details do not circulate via the Website. The bank details entered for the payment are secured through a Secure Socket Layer encrypting. These details are not available to third parties.

9.7 The order of the Client is registered and validated upon acceptance of the payment by the bank.

9.8 The Client’s account will be withdrawn by the corresponding amount only when (i) the details of the credit card used will have been checked and (ii) the debit will have been accepted by the bank having issued the credit card.

9.9 The impossibility to debit the amount due shall incur the immediate cancellation of the order.

9.10 The credit card may in particular be refused if it has expired, reached the maximum level of expense the Client is allowed to or if the data entered are incorrect.

Paypal payment

9.11 If the Client has a Paypal account, he may use such account to pay a given order without disclosing his bank details.

9.12 In the context of its internal monitoring procedures, the Company may have to request to the Client any documentation necessary for the finalisation of an order. Such documentation will not be used for any other purpose.

10 Right of withdrawal

10.1 In principle, any user shall have a 14-day withdrawal period as from the date of of the contract, according to article L. 221-18 of the French Consumer Code.

10.2 As an exception, according to article L. 221-28 of the French Consumer Code, the withdrawal right shall not apply to contracts relating to the sale of custom-made products, which is the case of all the Products sold on the Website.

10.3 By accepting these GCS, the user expressly acknowledges having been informed of the absence of any withdrawal right.

11 Client support service

The user may contact the Company via email at the following address [•]; the user shall mention his name, phone number, purpose of the request and as the case may be the number of the order in relation with which the request is made.

12 Intellectual property

12.1 Intellectual property rights in relation to the Website

12.1.1 The Company is the sole owner of all the components of the Website, in particular, without limitation, of any text, file, picture, photography, video, logo, drawing, software, trademark, visual identity, database, structure of the Website and any other intellectual property item as well as any other data or information (the « Elements »), that are protected by French and international regulations applicable to intellectual property.

12.1.2 As a consequence, no Element of the Website may be amended, duplicated, copied, sold, transmitted, published, distributed, broadcasted, stored, used, leased or operated by any mean, for free or against consideration, by a Client or by any third party, whatever the mean and support of use recoursed to, known or unknown to date, without the prior approval of the

Company, the Client being the sole responsible for the unauthorised use or exploitation.

12.1.3 It is specified that the Company is an independent company which is not an affiliate of major companies such as Disney or Netflix, and that as such the intellectual property rights belonging to such companies (and more generally to any third party) may not be used by the Company, the Client or any third party (including any designer in relation to a given Product), in particular for any drawing ordered by any Client.

12.2 Intellectual property rights in relation to the Products

The Client shall have any use and duplication rights, for non-commercial purposes only, in relation to any Product duly ordered and fully paid.

13 Liability and warranty

13.1 The Company declares having subscribed an insurance policy covering its professional and contractual liability.

13.2 The Company’s liability vis-à-vis the Client may only be triggered based on facts directly attributable to the Company that would cause to the Client a prejudice directly incurred by such facts. Such liability is strictly limited to the indemnification of the direct damages evidenced by the Client and in any event capped to the amount paid by the Client in the context of the given order.

13.3 The liability of the Company shall in particular be excluded in the following circumstances:

(i) indirect damages;

(ii) force majeure (including in particular any sanitary crisis such as the COVID-19 pandemic);

(iii) prejudice resulting of misuse of the Website by the Client or from any breach of the Client;

(iv) facts attributable to a third party (including any Designer).

13.4 The Client acknowledges that the Internet does not allow to warranty the absolute safety, availability and integrity of the data circulating through it. In particular, the Company does not warranty that the Website and the services will be running without any interruption nor malfunction. In particular, the operation of the Website may be interrupted for maintenance, updated or technical improvement, or to amend the content or layout of the Website.

13.5 The Company shall not be held liable for the use of the Website or of the services by the Client that would be in breach of the GCS or of the direct or indirect damages that such misuse could cause to a Client or to a third party (including any Designer). In particular, the Company shall not be held liable for any wrong representation made by a Client or from the consequence of a Client’s behaviour vis-à-vis third parties. In the event that the Company’s liability would be sought on such grounds, the Client undertakes to hold the Company harmless of any consequence of it and to reimburse any costs, including in particular any lawyers’ fees, that the Company may incur in this respect.

13.6 The Company cannot be held liable because of the information uploaded, stored and/or published on the Website by any user. The Company cannot be held liable because of any information published by a given user on the Website and of any direct or indirect damages that this may cause to any third party, the user responsible for the given publication being the sole liable.

13.7 The Company cannot be held liable because of the information uploaded, stored and/or published on the Website by any user, and more generally for any prejudice resulting from the lack of accuracy, exhaustivity or update of such information, as well as from any error or omission that may be caused to the information, services and tools available on the Website or to any contents available on the Website, and shall not have any obligation to monitor such contents and information.

13.8 The user is the sole responsible for any contents he may upload on the Website, in relation with which he represents having all requisite rights, and represents to the Company that he shall not upload the following contents:

▪ Any content breach third party rights, in particular IP rights;

▪ Any wrong, misleading, illegal, insulting, libellous, intimidating or aiming at having a third party being harassed, threatening, disrespectful of privacy rights, abusive, inflammatory, fraudulent, or wrongful;

▪ Any content abusive for the web community, such as contents calling to fanaticism, racism, hate or any physical assault of individuals or groups of individuals;

▪ Any confidential contents or personal data, in particular last name, address, phone number, email address, social security number, credit card number;

▪ More generally, any content harming or infringing individuals, privacy, public order or moral.

13.9 The Company may check the compliance of the contents uploaded by the users with applicable laws and these GCS and amend or delete without prior notice the contents that would not comply with the Company’s quality standards, the GCS, applicable laws or the public order.

13.10 The Company may not control all the contents uploaded and cannot therefore accept any relating liability. In any case, the opinion, contents and offers will be subject to regular controls to ensure the compliance with the Company’s quality standards and the provisions of these GCS.

13.11 In applicable laws, the public order or these GCS are infringed, the Company may exclude the users who are liable for such infringement and delete the litigious contents. The Company is deemed to host the contents uploaded by the third parties. It is reminded that the Company does not have any obligation to control the contents stored or sent via the Website (in particular through the chat service). If the liability of the Company would be sought because of a content uploaded by a given user, such user undertakes to hold the Company’s harmless from any claim or sentence, and to reimburse the Company any relating costs, in particular legal costs, incurred for the Company’s defence.

14 Rating

Any Client having placed an order has the option, on the Website, to rate the designer having designed the Product ordered, as well as to provide some comments. He may also rate the quality of the order process and of the use of the Website.

15 Behaviour of the user

15.1 Each user undertakes, while using the Website (in particular while uploading some contents on it, such as pictures or texts, for the purpose of an order) and communicating with the designers (in particular in the context of any communication through the online chat for the purpose of the adjustment of an order), to refrain from any libellous or hateful language, or any language likely to infringe the human being respect and dignity, the gender equality, the protection of children and teenagers, language supporting crimes or felonies, or to drug consumption or

suicide, supporting discrimination, hate or violence, or being discriminating or likely to encourage violence or hate, in particular because of the ethnic background, political or religious beliefs, sexual preferences, etc. (the user shall also refrain from placing any order for a Product that would promote such language or concepts).

15.2 In particular, the drawings of public or religious figures, as well as any drawing that would breach the rights, in particular IP rights, of any third party, are strictly prohibited.

16 Website moderation

16.1 Any user having a claim in relation to the operation of the Website may send such claim to the Company and shall specify all the details of the claim: 66 avenue des champs Elysées 75008 Paris, France.

16.2 The claims shall be processed in a timely manner; the Company undertakes to delete from the Website within 72 hours any content infringing applicable laws, public order or these GCS.

16.3 To process a claim, the Company may assess the existence of a breach, and as the case may be delete or amend, totally or partially, the controversial items.

17 Personal data / data protection

17.1 The Client is duly informed that the personal aspect of the data mentioned as mandatory on the registration forms and gathered in the context of the service are necessary for the use of the Website and to order Products. Among the personal data of the Client that the Company may collect are the following:

● First/last name

● Email address

● Phone number

● Address

● IP address

● Bank details

● Pictures provided for the purpose of a given order

17.2 The user providing such information expressly accept their processing by the Company.

17.3 The user acknowledges being informed that the personal data uploaded on the Website may be transferred by the Company for the purpose of the Website’s operation, it being specified that the Company undertakes to refrain from selling such personal data.

17.4 The information collected, unless access and rectification rights, are processed to enable a good operation of the Website and of the services provided to the user.

17.5 According to the EU General Data Protection Regulation (GDPR) approved by the European Parliament on 14 April 2016, and to the French Loi Informatique et Libertés dated 6 January 1978, as amended, the Company informs the user of the following aspects:

● Data processor: EdytAI, the details of which are set out herein;

● Purpose of the data processing: enable the user authentication, implement, customize, analyse, improve and manage the various services proposed on the

Website; propose customized contents; create statistics in order to improve the services proposed on the Website, comply with its contractual undertakings (including, but not limited to, customer relationship management), prevent frauds or illegal activities, and/or send, according to applicable laws, information in relation to products that may be of an interest for the users;

● Recipient of the personal data: the Company, it being specified that the collected data may not be marketed by the Company;

● Data retention: subject to legal requirements, in particular in relation to data retention and storage, the personal data are stored by the Company for the time that is necessary for the above-mentioned purposes, that cannot exceed 3 months as from the closure of a given Client’s account; as an exception, bank detail may be deleted when the given transaction is completed.

17.6 Privacy rights of the user: the user have the following rights, that he may exercise by contacting the Company via mail or email.

17.6.1 Right to obtain a confirmation of the data processing

The user has the right to obtain a confirmation from the data processor as to whether his personal data are processed or not.

17.6.2 Access and communication of the personal data

● The user may get an access to his personal data, purpose of the data processing, categories of data that are processed, recipients of such personal data, duration of the data retention, or criteria used to determine such duration.

● Because of the safety and confidentiality requirements in relation to data processing, the user’s request shall be processed subject to such user proving his identity, in particular via the provision of a valid ID.

● The Company may oppose a given request should it be considered as being obviously abusive (such as, in particular, in the event or recurrent or systematic requests from a given user).

● A draft request may be found on the CNIL’s website: https://www.cnil.fr/fr/modele/courrier/exercer-son-droit-dacces

17.6.3 Right to obtain the amendment of the data

● The user may request the Company to amend, update, lock or delete any personal data that may be incorrect, partial, or obsolete. The user may also check the existence of automatic decision-making process, including via a profiling system, and in such a case of any useful information in relation to such processing, as well as the importance and anticipated consequences of such processing.

● The user may define the guidelines applicable to his personal data in the event of his death.

● The user may at any time withdraw his consent to the use of his personal data (it being specified that such withdrawal would not impact the legality of the data processing completed before the withdrawal decision).

● A draft request may be found on the CNIL’s website: https://www.cnil.fr/fr/modele/courrier/rectifier-des-donnees-inexactes-obsoletes ou-perimees

17.6.4 Right of opposition

● The user may exercise his opposition right for (i) legitimate reasons or (ii) to oppose to the commercial use of his data.

● A draft request may be found on the CNIL’s website: https://www.cnil.fr/fr/modele/courrier/supprimer-des-informations-vous-concern ant-dun-site-internet

Turnaround time

The Company undertakes to answer to any request of access, amendment, or opposition as well as to any information request within a reasonable timeframe that cannot exceed one month as from the receipt by the Company of the request sent by the given user.

Accredited providers and transfer outside of the EU

The Company may recourse to accredited providers to facilitate the data collection and processing. Such providers may be located outside of the EU and receive the data collected.

The Company shall conduct prior control to ensure that such providers are implementing requisite safety measures in relation to data confidentiality, use and protection.

Claims

If the user considers that the Company does not comply with data protection regulation, he may file a claim with the Commission Nationale de l’Informatique et des Libertés, which may be done electronically as follows: https://www.cnil.fr/fr/plaintes/internet.

17.7 Each user acknowledges, while approving these GCS, being fully informed of the use that will be made by the Company of his personal data and agree upon such data processing and as the case may be sell.

17.8 Any user may contact the Company to exercise the rights set forth herein, to the following mail or email address: [•] / 18 TER, avenue Gaston Bourry, 95740 Frépillon, France; a copy of the user’s ID shall be sent together with such request. Requests for the deletion of personal data shall comply with applicable regulation, in particular as to the data recording or storage. The user shall specify the reasons for which he wants to exercise such rights, and as the case may be define the nature of the data he wants to obtain and the format under which he wants to receive such data.

17.9 Each user has rights in relation to the portability of his personal data, allowing the user upon request to the Company to receive his personal data in a structured and readable format, and, as the case may be, to transfer such data to third parties.

17.10 More generally, any user may consult the CNIL’s website to obtain additional information as to the personal data-related rights: https://www.cnil.fr.

18 Hypertext links

18.1 The hypertext links available on the Website may direct to third party websites not being edited by the Company. Such hypertext links are provided only for convenience purposes, to simplify the use of the resources available on the Internet. If the Client uses such hypertexts links, it will exit the Website and will then accept to use the third-party websites at its own risks and in accordance with the conditions of use governing such websites.

18.2 The Client acknowledges that the Company does not control nor contribute by any mean to the conditions of use of such third-party websites.

18.3 Consequently, the Company shall not bear any liability in respect of such hypertext links.

18.4 The Client acknowledges that the Company cannot warranty the content and conditions of use of such third-party websites.

18.5 The Website may contain advertising or promotional hypertext links directing towards third party websites not being edited by the Company.

19 Cookies

19.1 When a given user browses the Website, information is likely to be recorded or read into the user’s device through cookies, depending on the choices made by the user while setting his web browser.

19.2 A cookie is a small text file that a website stores on the user’s computer or mobile device when the user visits the Website. A cookie file enables its issuer, during the validity period of the cookie, to identify the device each time such time accesses a digital content comprising cookies of this same issuer.

19.3 The user acknowledges that while browsing the Website, cookies are inserted on the device used to access the Website. The Company wishes to provide the best user experience. This is the reason why the Company is using cookies, in order, for instance, to identify the user and allow him to have access to his user account.

19.4 The Company is using cookies analysis solutions, that are using the information arising out of cookies to assess the use of the Website and upgrade its operation. Such solution may also transfer the information to third parties, to the extent it is legally specified or if third parties process the data for their own account. Such services do not connect the user’s IP address to other data recorded by the user.

19.5 Such cookies have the following purposes: (i) « technical » cookies, that are necessary for the good operation of the Website and to the provision of services to the user (such cookies do not enable any identification of the user), (ii) « statistical » cookies, allowing the Company to obtain statistics in relation to, in particular, the traffic on the Website and the use of the services provided on it, in order to measure and upgrade the operation of the Website and the services provided on it (such cookies do not enable any identification of the user), (iii) « functional » cookies enabling the browsing on the Website and to facilitate such browsing, and (iv) « advertising » cookies, allowing the user to see targeted advertisements that may as the case may be be displayed by the Company’s business partners (the user acknowledges that to the extent this latter cookies category is fully managed by the Company’s business partners, without any control of the Company, the Company cannot be liable to any extent in relation to such cookies).

19.6 The user may at any time amend the settings of his web browser to allow cookies to be recorded on his device, or to have such cookies being rejected (either automatically or on an issuer per issuer basis). The user may also set his web browser so that the acceptance or reject of the cookies is proposed each time before any cookie is recorded on his device.

19.7 Warning: any setting is likely to modify the web browsing and the access to certain services that require the use of cookies. The Company accepts no liability in relation to consequences of a potentially downgraded use of the Website resulting from the impossibility to record or use the cookies allowing their operation that the user would have rejected or deleted. It would be the case if the user tries to access contents or services requested a prior log-in. It would also be the case if the Company (or its providers) cannot identify, for technical compatibility purposes, the browser used by the user’s device, its language settings, display or country from which the device is connected to the Internet.

20 General provisions

20.1 Whole agreement

These GCS constitute a contract governing the relationships between the Client and the Company and contain all the rights and obligations of the Client and the Company in connection with the purpose of the GCS. In the event that one of the provisions herein would be held invalid or unenforceable under a law or a regulation or under an enforceable decision of a competent court or administrative authority, this provision would be void and the other provisions herein shall remain in full force and effect. The fact that one of the parties did not require the application of whole or part of the commitments herein, permanently, or temporarily, shall not be construed as modification of these provisions and shall not establish some right over the other

20.2 Amendment of the conditions

20.2.1 The Company may amend at any time and without prior notice the content of the Website and services, and/or cease temporarily or definitely the operation of all or part of the Website.

20.2.2 The Company may at any time amend the location of the Website on the Internet, as well as the GCS. The Client shall then consult the GCS before any use of the Website.

20.2.3 The GCS applicable to the Client for a given order are those available on such date. It is therefore specified that any amendment of the GCS shall not apply to any order placed before such amendment, unless prior approval of the given Client.

20.2.4 The Client acknowledges that the Company cannot be responsible vis-à-vis the Client and/or any third party because of any amendment, suspension or termination of the service or of the Website.

20.2.5 The Company recommends to the Client to store and/or print the GCS for a sustainable and safe storage, to be in a position to recourse to it throughout the duration of the contract if need be.

20.3 Claims processing

In the event of any claim, please contact in priority the Company: 66 avenue des Champs Elysées 75008 Paris.

20.4 Applicable law – mediation – jurisdiction

20.4.1 These GCS as well as any dispute or claim arising out of such document are governed by French laws.

20.4.2 According to applicable laws, the Company proposes to its customers an amicable settlement of any dispute arising out of the service provided, the Website and these GCS through a mediation process.

20.4.3 If a given claim notified by the Client is not satisfactorily resolved, the Client may contact the following consumer dispute mediator: consommation@cmap.fr.

20.4.4 The Clients are reminded that they may directly file their claim through the dispute resolution platform of the European Commission: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.sh ow&lng=FR

20.4.5 If the discussion with the Company’s customer support and the mediation process do not allow a satisfying resolution of a given claim, the dispute shall be submitted to French courts.