TERMS AND CONDITIONS OF SALE

Last update: January 11, 2023

Article 1 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

The general conditions of sale (the " General Conditions of Sale", or the " GCS ") apply exclusively to the online sale of products offered by the Operator on the Website.

The GCS are made available to customers on the Site, where they can be consulted directly, and can also be communicated to them on request by any means.

By checking a box or clicking on the button provided for this purpose, the customer acknowledges that he/she has read and accepted these terms and conditions before placing an order. Validation of the order by its confirmation implies acceptance by the buyer of the GCS in force on the day of the order, which are kept and reproduced by the Operator.

Article 2 - DESCRIPTION OF PRODUCTS

The Site is an online sales site for socks (hereinafter the " Product(s)") open to any individual or legal entity using the Site (the " Customer ").

The Products presented on the Site are each the subject of a description mentioning their essential characteristics. Any photographs illustrating the Products do not constitute a contractual document. Instructions for use, if essential, are provided on the Site or, at the latest, upon delivery. The Products comply with the requirements of current French law.

The Customer remains responsible for the methods and consequences of accessing the Site, in particular via the Internet. Such access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the Customer. In addition, the Customer must provide and be entirely responsible for the equipment required to connect to the Site.

The customer acknowledges that he has checked that the computer configuration he is using is secure and in working order.

Article 3 - CREATION OF CUSTOMER AREA

To place an order on the Site, the Customer must first create a personal customer area. Once created, to access it, the Customer must identify himself using his secret, personal and confidential identifier and password. It is the Customer's responsibility not to communicate his/her login and password in accordance with the provisions of article PERSONAL DATA of the present General Terms and Conditions. Each Customer undertakes to maintain strict confidentiality with regard to data, in particular login and password, enabling him/her to access his/her customer area. The Customer acknowledges that he/she alone is responsible for accessing the Service using his/her login and password, unless fraud has been proven. Customers also undertake to inform the Operator immediately in the event of loss, misappropriation or fraudulent use of their login and/or password.

After the creation of his personal customer area, the Customer will receive an email confirming the creation of his customer area.

When registering, the Customer undertakes to :

provide true, accurate and up-to-date information at the time of entry into the service's registration form, and in particular not to use false names or addresses, or unauthorized names or addresses.

keep registration data up to date to ensure that it is real, accurate and up-to-date at all times.

The Customer further undertakes not to make available or distribute any illicit or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Should this not be the case, the Operator may suspend or terminate the Customer's access to the Site at its sole discretion.

Article 4 - ORDERS

The Operator endeavours to guarantee optimum availability of its Products. Product offers are valid while stocks last.

If, despite the best efforts of the Operator, a Product proves to be unavailable following the Customer's order, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between :

delivery of a Product of equivalent quality and price to that initially ordered, or

reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.

It is agreed that apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation indemnity, unless the non-performance of the contract is personally attributable to the Operator.

With the exception of any mention to the contrary in these General Terms and Conditions, and without prejudice to the right of withdrawal provided for by applicable law, customer orders are firm and final.

When placing an order, the Customer must select the Products chosen and add them to his/her basket, indicating the Products selected and the quantities required. Customers can check the details of their order and its total price, and return to previous pages to correct the contents of their basket, if necessary, before validating it.

The customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them and confirming the terms and conditions and any delivery and withdrawal charges prior to payment of the order. Confirmation of the order implies acceptance of the GCS and forms the contract.

A copy of these General Terms and Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of the Order, so that the Customer may refer to them.

Contractual information relating to the order (including the order number) will be confirmed by e-mail in due course, and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is available to the customer in the "my account" area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.

Any email sent to the Customer in connection with an order will be sent to the email address used by the Customer to log on to the Customer Area.

The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that :

The Customer would not respect the General Conditions in force at the time of his order;

The customer's order history shows that sums are still owed for previous orders;

One of the Customer's previous orders is the subject of a dispute currently being processed;

The Customer has not responded to a request for confirmation of his order sent to him by the Operator.

The Operator archives contracts for the sale of Products in accordance with applicable legislation. By sending a request to the following address coucou@panamien.com, the Operator will provide the Customer with a copy of the contract which is the subject of the request.

Any modification of the order by the Customer after confirmation of the order is subject to the agreement of the Operator.

The information provided by the customer when placing an order (in particular name and delivery address) is binding. Therefore, the Operator cannot be held liable in the event that an error in placing the order prevents or delays delivery.

The Customer declares that he/she has full legal capacity to enter into the present Terms and Conditions.

Registration is open to adults of legal age and to minors under the condition that they act under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of a third party unless the third party is validly authorized to represent it (e.g. a legal entity). Registration is strictly personal to each Customer.

In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer's account without notice.

Article 5 - PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on the Site is an order subject to payment, which requires the payment of a price in exchange for the supply of the Product ordered.

In any event, the Operator reserves the right to check the validity of the payment, before dispatching the order, by any means necessary.

The Operator uses the Shopify Payments online payment solution.

Orders can be paid for using one of the following payment methods:

Payment by credit card. Payment is made directly to the secure bank servers of the Operator's bank, and the customer's bank details do not pass through the Site. Bank details communicated at the time of payment are protected by SSL (Secure Socket Layer) encryption. In this way, these details are not accessible to third parties.

The customer's order is recorded and validated as soon as the bank accepts payment.

The Customer's account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

Failure to debit the sums due will result in the immediate nullity of the sale.

In particular, the credit card may be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled, or if the data entered is incorrect.

Where applicable, the order validated by the Customer will not be considered effective until the secure bank payment center has given its approval of the transaction.

As part of the control procedures, the Operator may have to ask the customer for all the documents required to finalize the order. These documents will not be used for any other purpose.

Article 6 - PRICE PAYMENT

The price of the Products in force at the time of the order is indicated in euros, all taxes included (VAT included), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to all orders placed during the promotional advertising period.

Prices are payable in euros (€) only. The price is payable in full once the order has been confirmed. The prices quoted include any discounts and rebates that the Operator may grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the order is validated by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.

Article 7 - FORMATION OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends confirmation of his order.

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it using the "double-click" technique, i.e. after selecting the Products added to the basket, the Customer must check and, if necessary, correct the contents of his/her basket (identification, quantity of Products selected, price, delivery terms and charges) before validating it by clicking on "I confirm my delivery", then he/she acknowledges acceptance of these GTC before clicking on the "I pay" button, and finally he/she validates his/her order after filling in his/her bank details. The "double click" constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.

Communications, order forms and invoices are archived by the Operator on a reliable and durable medium so as to constitute a true and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.

The order may be cancelled by the Customer by registered letter with acknowledgement of receipt or in writing on another durable medium in the event of :

delivery of a Product that does not conform to the declared characteristics of the Product;

delivery beyond the deadline specified in the purchase order or, failing such deadline, within thirty (30) days of the conclusion of the contract, after the Operator has been requested, in the same manner and without result, to make delivery within a reasonable additional period;

price increases that are not justified by a technical modification of the product imposed by the public authorities.

In all these cases, the Customer may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.

The order may be cancelled by the Operator in the event of :

refusal of the buyer to take delivery ;

non-payment of the price (or the balance of the price) at the time of delivery.

Article 8 - RESERVATION OF TITLE

The Operator remains the exclusive owner of the Products ordered on the Site until full payment has been received, including any shipping costs.

Article 9 - SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

The Operator offers different delivery methods depending on the nature of the product: Lettre Suivie or Colissimo.

Shipping costs are those specified when finalizing the order and are accepted by the validation of the order..

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of thirty (30) days after receipt of the order.

Delivery times are announced in working days on the Site when the order is placed. These times include the preparation and dispatch of the order, as well as the time required by the carrier.

The Operator undertakes to dispatch the Products in accordance with the delivery times announced on each Product sheet and in the shopping basket, provided that payment for the order has not previously been refused.

However, if one or more Products cannot be delivered within the period initially announced, the Operator will send an e-mail indicating the new delivery date to the Customer.

Estimated lead times for Products sold by pre-order may be 3 to 4 months from order validation.

Products will be delivered to the address indicated by the Customer at the time of ordering. It is the Customer's responsibility to check that this address is correct. The Operator cannot be held responsible if the address communicated by the Customer is incorrect, thus preventing or delaying delivery.

On delivery, you may be asked to sign a delivery note.

No delivery will be made to a P.O. Box.

On delivery, it is the Customer's responsibility to check that the Products delivered conform to the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No claim concerning the quantity or condition of the Product will be accepted if the claim has not been noted on the delivery slip.

Article 10 - RIGHT OF WITHDRAWAL

If the Customer is not completely satisfied with a delivered Product, he may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with article L.221-21 of the French Consumer Code, and in order to exercise this right of withdrawal under the conditions set out in articles L. 221-18 et seq. of the French Consumer Code, the customer is invited to contact customer services via email: coucou@panamien.com to inform them of their decision to exercise their right of withdrawal.

The Operator will acknowledge receipt of the Customer's withdrawal request by e-mail.

Where applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:

name, address, telephone number and e-mail address ;

decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail, where these details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form, but is not obliged to do so.

The cost of returning the Product is borne by the Customer, unless the Product cannot normally be returned by post, in which case the Operator will collect the Product at its own expense.

The exceptions of article L.221-28 of the French Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract :

supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;

the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;

the supply of goods made to the consumer's specifications or clearly personalized;

the supply of goods liable to deteriorate or expire rapidly;

the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;

the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;

maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;

the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;

concluded at a public auction;

the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time;

the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.

The Product must be returned in its original packaging, in perfect condition, fit for resale, unused and with all accessories.

In addition to the returned Product, the return parcel must also contain a letter specifying the Customer's exact and complete contact details (surname, first name, address), the order number and the original purchase invoice.

The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements required to implement the Customer's reimbursement. This refund may be made by the same means of payment as that used for the Customer. In this respect, Customers who have paid for their order by credit note or gift voucher may be reimbursed by credit note or gift voucher at the discretion of the Operator.

By accepting the present General Terms and Conditions of Sale, the Customer expressly acknowledges that he has been informed of the cancellation procedure.

Article 11 - CUSTOMER SERVICE

The Customer may contact the Operator :

By e-mail to coucou@panamien.com, indicating your name, telephone number, the subject of your request and the order number concerned.

Article 12 - INTELLECTUAL PROPERTY AND SITE USE LICENSE

The Operator is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, images animated or not, photographs, videos, logos, drawings, models, software, trademarks, visual identity, database, structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the " Elements ") which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Site's Elements may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in return for payment, by a Customer or by a third party, whatever the means and/or media used, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis, and the Customer shall be solely liable for any unauthorized use and/or exploitation.

ARTICLE 13 - LIABILITY AND WARRANTY

The Operator may not be held liable for non-performance of the contract due to the Customer's fault, or due to an event qualified as force majeure by the competent courts, or due to the unforeseeable and insurmountable fault of any third party to the present contract.

The Customer acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet. Accordingly, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change their content and/or presentation.

The Operator may not be held liable for the use of the Site and its services by Customers in breach of these General Terms and Conditions, nor for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator may not be held liable for false declarations made by a Customer or for his or her behaviour towards third parties. In the event of the Operator being held liable for such conduct on the part of one of its Customers, the latter undertakes to indemnify the Operator against any judgement against it, and to reimburse the Operator for all costs, in particular legal fees, incurred in its defense.

Independently of any additional contractual warranty (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the warranty against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.

When you are acting under the legal warranty of conformity:

you have a period of two (2) years from the delivery of the goods to take action:

you can choose between repairing or replacing the good, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code;

you do not have to prove the existence of a lack of conformity during the twenty-four (24) months following delivery of the goods (except for second-hand goods).

You may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, you may choose between rescinding the sale or reducing the purchase price in accordance with article 1644 of the French Civil Code.

Reproduction of articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the French Consumer Code, articles 1641, 1644 and the first paragraph of article 1648 of the French Civil Code, as in force on the date of these General Terms and Conditions of Sale:

Art. L.217-4 of the French Consumer Code:

"The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under the contract or has been carried out under his responsibility."

Art. L.217-5 of the French Consumer Code:

"The property conforms to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;

- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

Art. L.217-7 of the French Consumer Code:

"Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.

For used goods, this period is six months.

The seller may rebut this presumption if it is not compatible with the nature of the good or the lack of conformity claimed."

Art. L.217-9 of the French Consumer Code:

"In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer".

Art. L.217-12 of the French Consumer Code:

"Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.

Art. 1641 of the French Civil Code:

"The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Art. 1644 of the French Civil Code:

"In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.

Art. 1648 paragraph 1 of the French Civil Code :

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

We remind you that the search for amicable solutions prior to any legal action does not interrupt the time limits for legal warranties or the duration of any contractual warranties.

ARTICLE 14 - PERSONAL DATA

For more information on the use of personal data by the Operator, please read the Privacy Policy (the " Policy ") carefully. You can consult this Charter on the Site at any time.

Article 15 - HYPERTEXT LINKS

The hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the Customer's convenience, in order to facilitate use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and agree to use the third-party sites at his/her own risk or, where applicable, in accordance with the conditions governing them.

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and/or content applying to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.

Furthermore, the Customer acknowledges that the Operator does not endorse, guarantee or take over all or part of the terms of use and/or content of these third-party sites.

The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.

The Operator invites the Customer to inform the Operator of any hypertext link present on the Site that would allow access to a third-party site offering content contrary to the law and/or morality.

The Customer may not use and/or insert a hypertext link to the site without the prior written consent of the Operator on a case-by-case basis.

ARTICLE 16 - REFERENCES

The Customer authorizes the Operator to mention the Customer's name and logo as a reference in its communication media (brochure, website, sales proposal, press relations, press release, press kit, internal communication, etc.).

ARTICLE 17 - GENERAL PROVISIONS

ENTIRE AGREEMENT OF THE PARTIES

These General Terms and Conditions constitute a contract governing relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. Should one or more stipulations of the present General Terms and Conditions be declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain all their force and scope. In addition, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be construed as a waiver on its part to invoke such a breach in the future.

CHANGES IN CONDITIONS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available therein, and/or to cease temporarily or permanently to operate all or part of the Site.

In addition, the Operator reserves the right to modify the location of the Site on the Internet, as well as these General Terms and Conditions, at any time and without prior notice. The Customer must therefore refer to these General Conditions before using the Site.

The Customer acknowledges that the Operator shall not be held liable in any way whatsoever to the Customer or any third party as a result of such modifications, suspensions or cessations.

The Operator advises the customer to save and/or print out these General Terms and Conditions for safe and durable storage, so that they can be invoked at any time during the performance of the contract if necessary.

CLAIMS - MEDIATION

In the event of a dispute, please contact the company's customer service department at coucou@panamien.com.

APPLICABLE LAW

These General Terms and Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read the present General Conditions.

By registering on the Site, the Customer confirms having read and accepted the General Terms and Conditions, thereby becoming contractually bound by the terms of these General Terms and Conditions.

The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to that date may be provided to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any previous order, unless expressly agreed by the Customer at the origin of a given order.