General terms and conditions

Article 1 - GENERAL PROVISIONS - SCOPE

1.1 These General Terms and Conditions of Sale ("the GTC") determine the rights and obligations of the parties in the context of the online sale of Products offered by EP PUBLISHING ("the Company").

1.2 Any Order placed on the EP PUBLISHING internet site implies the prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These GTCs therefore form an integral part of the Contract between the Client and the Company. They are fully enforceable against the Client, who declares that he/she has read them and accepted them, without restriction or reservation, before placing the Order.

1.3.

1.3 These GTC shall apply to any Order placed by a natural person of legal age acting as a consumer. The Customer therefore certifies that he/she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. He/she acknowledges that he/she has the full capacity to commit himself/herself when placing an Order and undertakes to provide truthful information as to his/her identity.

1.4 EXCLUSIONS

1.4 EXCLUSION: Persons acting as professionals, i.e. natural or legal persons, public or private, who are acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name of or on behalf of another professional, are expressly excluded from the scope of these GTC.

Professionals who wish to place an Order with the Company are invited to contact us directly.

1.5 The GTC applicable to each Order are those in force at the date of payment (or first payment in the case of multiple payments) of the Order... The Company reserves the right to modify them at any time, by publishing a new version on its website. These GTCs can be viewed on the Company's website at the following address: https://popbrush.shop/pages/terms-of-service and can be downloaded in pdf format.

The Company reserves the right to modify these GTCs at any time by publishing a new version on its website.

Article 2 - CONCLUSION OF THE ONLINE CONTRACT

2.1. Process of placing the Order

To purchase one or more Products on the site, the Customer selects each Product and adds it to his/her basket. Once their selection is complete, they must confirm their basket to proceed to the Order (1st click)

At this stage, the Customer is redirected to a page containing:

A summary of the Products selected, the corresponding prices, delivery terms and charges. It is then up to the Customer to check and, if necessary, correct the contents of their basket.

The present General Terms and Conditions of Sale are

The present GTC. It is the Customer's responsibility to read them carefully before validating the entire Order.

This validation of the Order is the responsibility of the Customer.

This validation of the Order after verification of the basket and reading of the GTCs (2nd click) is equivalent to the conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation of payment on his/her part.

The Customer is then redirected to the payment page. He/she can choose between the different payment methods offered and proceeds to pay for his/her Order.

The Customer is then redirected to the payment page.

After having validated their Order and made their payment, the Client receives, on the email address they provided to create their account, a confirmation message from the Company. This message contains, in pdf format

The summary of his/her order (Product selected, price, delivery terms and costs);

The precise identification of the EURL EP PUBLISHING and its activity;

The order number

The number of the Order;

The terms, conditions and withdrawal form;

The present GTC in pdf format.

If the Customer does not receive the Order confirmation, he/she is advised to contact the Company via the contact form on the website.

The Customer will then receive a confirmation of the Order.

The Customer will then receive a purchase invoice transmitted in electronic form, which the Customer expressly accepts.

The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also transmitted in electronic format as these documents can be produced as proof of the Contract.

2.2 Cases of refusal of validation of the Order by the Company

The Company reserves the right to refuse your Order for any legitimate reason, including for example:

Order not in accordance with the GTC;

Quantities ordered not corresponding to normal use by a consumer Customer;

Non-payment of a previous Order or ongoing dispute regarding a previous Order;

Suspicion of fraud on the Order (supported by a cluster of corroborating evidence).

Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS

3.1 Product specifications

The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.

While the Company takes reasonable care to ensure that the Specifications are accurate, such Specifications, subject to certain exceptions, such as pricing information, are given by the Company's suppliers. Accordingly, the Company accepts no responsibility for any errors that may be contained in the Specifications.

The Specifications are presented in detail and in the French language. The Parties agree that the illustrations, videos or photos of the Products oﬀerted for sale have no contractual value. The validity period of the oﬀre of the Products as well as their prices is specified on the Company's websites.

3.2 Availability of Products

The offers of Products are valid within the limits of the stocks available from our suppliers. This availability of the Products is normally indicated on the specific page of the Product.

Product availability.

However, insofar as the Company does not reserve stock (except in the specific case of Products indicated as pre-orders on the Product sheet), placing a Product in the shopping cart does not absolutely guarantee the availability of the Product as well as its price.

In the event that a Product becomes unavailable after the validation of the Client's Order, the Company will immediately inform the Client by email. The Order will be automatically cancelled and the Company will proceed to refund the price of the Product originally ordered, as well as any sum paid in respect of the Order.

The Company will then inform the Customer of the reasons for the cancellation.

However, if the Order contains other Products than the one that has become unavailable, these will be delivered to the Customer and the delivery charges will not be refunded.

Article 4 - PRODUCT PRICES

4.1 Reference prices indicated on the sites

The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of retailers is modified.

4.2 Modification of prices indicated on the sites

The prices of the Products are indicated on the Product description pages. They are indicated exclusive of tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.

Product prices are indicated on the Product description pages.

The Products ordered will be invoiced on the basis of the price in force on the site at the time of validation of the Order.

4.3 Product prices

Insofar as many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold through the Websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the pages describing the Products. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Products' Order page, and excluding specific shipping costs.

The prices of the Products do not include import VAT, import taxes or customs duties, which must be paid in addition and will be fully charged to the Customer, who is liable for such taxes as the recipient of the Product.

The prices of the Product(s) do not include the costs of packaging, wrapping, shipping, transport, insurance and delivery of the Product(s) to the delivery address.

4.4 Payment of taxes

The Customer is solely responsible for the process of declaring and paying import VAT when clearing the Product through customs. The Customer may be required to pay import VAT. To the extent that such tax is not within the Company's control, the Company shall not be liable for any refund of such tax.

For all products shipped outside the European Union and/or French Overseas Departments and Territories, the price is calculated exclusive of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these duties and sums.

They will be charged to the customer.

They shall be borne by the Client and are the Client's responsibility (declarations, payment to the relevant authorities, etc.). In this respect, the Company invites the Client to enquire about these aspects with the relevant local authorities.

The Company is not responsible for the payment of these fees and amounts.

Article 5 - PAYMENT OF PRODUCT PRICE

5.1 Timing of payment

Payment of the full price of the Order must be made immediately after validation of the Order.

The Company may, exceptionally, grant payment in several instalments, particularly in view of the amount to be paid and the knowledge it has of the Client concerned. However, the Company is under no obligation to grant such payment terms. In the event of a particular situation, the Client may request this by contacting the Company's Customer Service at the following address contact@popbrush.shop

<5.2 Payment methods

To pay for the Order, the Client may choose between different payment methods:

Payment by credit card:

Only bank cards linked to a banking establishment located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Client guarantees the Company that he/she has the necessary authorisations to pay with the bank card used. The Client expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his/her bank card number constitutes authorisation to debit his/her account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.

Payments by bank card are made via a secure payment platform and the bank card information communicated benefits from the SSL encryption process.

Payment via Paypal

Payment via Paypal is accepted up to a limit of €1,000.

It is emphasised that when using this method of payment, Paypal's Terms and Conditions of Use, which are available on their website, are in addition to these GTC.

Payment by vouchers and/or promotional codes

Shopping vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of any attempt to fraudulently use the vouchers and/or promotional codes, the Company may proceed to cancel the Order outright.

Generally speaking, in the event of refusal to authorise payment by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.

The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.

The Company reserves the right to implement an Order verification procedure designed to ensure that no person uses another person's bank details without their knowledge. As part of this verification process, the Client may be asked to send a copy of an identity document, proof of address and a copy of the bank card used for payment to the Company by email or post. Precise indications on the exact content of the information requested (to preserve the confidentiality of its data) will be communicated to the Client in case of verification. The order will only be validated after receipt and verification of the documents sent.

The order will be validated only after receipt and verification of the documents sent.

Article 6 - DELIVERY - DEDICATION - RECEPTION

6.1 Delivery

Prior to the validation of the Order, the Company shall provide the Client with information concerning the different delivery methods and their respective prices. Following the Client's choice of delivery method, the Company shall provide the Client with an estimate of the delivery time.

The Company shall use its best endeavours to ensure that the Client's order is delivered on time.

The Company will make every effort to ensure that the Product(s) are delivered by the scheduled delivery date. In the event of any difficulty, the Company undertakes to communicate promptly with the Client to inform him/her and to seek an appropriate solution.

The Company will do its utmost to ensure that the Product(s) are delivered by the due date.

Air transport, shipping and/or delivery of the Product(s) will be fully borne by the Client ("Delivery Costs"). These Delivery Costs are included in the final price charged to the Customer at the time of the Order. However, any customs fees are not included in the price charged to the Client by the Company.

Depending on the methods chosen by the Client, delivery will be made either to the address given by the Client or, where applicable, to a relay point chosen by the Client from the list of available points. It is therefore incumbent on the Customer to check the information communicated for delivery carefully, as he/she remains solely responsible in the event of failure to deliver due to incomplete or erroneous information.

. <6.2 Customs clearance

When purchasing, the Customer buys the Product tax-free and becomes an importer of the purchased Product in his capacity as recipient of the Product.

He is therefore in particular responsible for the import and customs clearance processes of the Product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value of more than €150).

The Customer is solely responsible for the import and customs clearance of the Product.

The Customer is solely responsible for the process of declaring customs duties when clearing the Product through customs. These customs duties, which are not invoiced to the Client by the Company, are not within the Company's control. The Company shall therefore not be liable for any refund of such duties.

6.3. Receipt

When receiving the Product, the Client undertakes to check that the Product is complete and not damaged.

If an anomaly is found, the Client must contact the Company's Customer Service within three days (excluding public holidays) of the date of receipt of the Product. Any claim filed outside of this timeframe will not be processed.

The Company will not be liable for any loss or damage to the Product.

Article 7 - RETRACTION

7.1 Principle and deadline

The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his/her Order. In the event of an Order for several Products, the period shall run from the date of receipt of the last Product.

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, with the return shipping costs remaining at the Customer's expense.

7.2 Exclusions

In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal may not be exercised for the following contracts:

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

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

From the supply of goods that are likely to deteriorate or expire rapidly;

From the supply of goods that are likely to deteriorate or expire rapidly

From 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;

From 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

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

From the supply of alcoholic beverages the delivery of which is deferred beyond thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;

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 meet the emergency;

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

From the supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications;

Concluded at a public auction;

7.3 Methods of exercising the right of withdrawal

To exercise its right of withdrawal, the Client must inform the Company of its intention to withdraw either by filling in the standard form, a model of which is shown below, or by sending a statement unambiguous and expressing its intention to withdraw within the 14-day period mentioned above.

Sample withdrawal form:

For the attention of EP PUBLISHING Company, (popbrush.shop), Customer Service,

I, the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the Product below:

Name of the Product:

Date of order and receipt:

Order number:

Follow-up number of the withdrawal request:

Customer name:

Customer's address:

Customer's signature:

(only if notifying this form on paper

Date:

This form should be sent to the Company at: contact@popbrush.shop

The Client has a period of 14 days from the sending of the notification of withdrawal to return the Product to the Company in its original packaging, the return costs being at the exclusive charge of the Client.

The Client must send the Product to the Company within 14 days of the sending of the notification of withdrawal.

Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the Company to put them back on sale. In the event of receipt of Products that are open, used, incomplete, damaged or soiled, the Company will not proceed with any refund and may even, if it deems it necessary and appropriate, engage the Client's responsibility for depreciation of the Product.

The Company will not refund the Product if it is returned in a damaged or soiled condition.

In the event that the Product is returned under the conditions provided for by the law and these GTC, the Company will proceed with the reimbursement of all sums paid by the Client, including delivery costs, within 14 days of the notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only proceed with the reimbursement after receipt and verification of the condition of the returned Product.

This refund will be made using the same payment method used by the Client to pay for the Order, unless the Client expressly agrees to another payment method. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for the same amount as that paid in this form.

The Customer will be reimbursed for the amount of the gift voucher/promotional code.

Article 8 - WARRANTIES

8.1 Legal warranties

The Company remains liable for defects in the conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the French Consumer Code as well as for hidden defects in the thing sold in accordance with Articles 1641 et seq. of the French Civil Code.

The Company is not liable for any defects in the goods.

When acting within the framework of the legal guarantee of conformity (as provided for in Articles L.217-4 et seq. of the Consumer Code), the Consumer Customer:

Benefits from a period of 2 years from delivery to act

Can choose between repairing or replacing the Product, subject to the cost conditions set out in Article L.217-9 of the Consumer Code

Is exempt from proving the existence of the lack of conformity during the 24 months following the delivery of the good if the Product is new, and during the 6 months following the delivery if the Product is sold second-hand.

The Customer may also decide to act under the legal guarantee against hidden defects as defined in Article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction of the price, in accordance with Article 1644 of the Civil Code.

These legal guarantees apply independently of any contractual guarantee.

Reproduction of applicable texts:

L.217-5 Code de la Consommation

"The goods conform to the contract:

1° If it is fit for the use usually expected of similar goods and, if applicable:

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

- if it is in conformity with the contract

- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or in labelling;

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

L.217-9 Code de la Consommation

"In the event of a lack of conformity, the buyer shall choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer."

L.217-12 Code de la Consommation

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."

1641 of the Civil Code

"The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known of them."

1648 of the Civil Code

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

8.2 Manufacturer's Warranty

Some Products for sale on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not directly party.

The existence of this type of guarantee is mentioned, where applicable, on the specific page of the Product.

If the Client wishes to make use of this guarantee, he/she should inform the Company by contacting Customer Service and consult the terms and conditions of application of the guarantee himself/herself, which are usually inserted in the box concerning the Product.

It is reminded that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal warranty of conformity and the legal warranty of hidden defects.

Article 9 - PROTECTION OF PERSONAL DATA

In the context of the commercial relationship, the Company, which is responsible for processing, collects a certain amount of compulsory personal data (including, in particular, surname, first name, delivery address, etc., which are mentioned by an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, compiling statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.

If the Client fails to provide this information, it will be impossible to process the Order.

This data is intended for internal use by the Company but may be transmitted to companies that contribute to the execution of the service, including in particular those that deliver the Products or process payments.

With regard to this personal data, the Client has several rights:

Right of access to personal data concerning him;

Right of rectification

Right of rectification and deletion if the personal data is inaccurate, incomplete, equivocal, outdated or if the collection, use, communication and storage of certain data is prohibited;

Right to limit the processing of data, provided that such request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;

Right to object to the processing of data (particularly in the case of processing for commercial prospecting)

Right to formulate post-mortem directives concerning the retention, erasure and communication of your personal data

Right to withdraw consent for certain processing to be carried out (processing carried out before withdrawal of consent remains lawful)

Right to lodge a complaint with the CNIL.

To exercise his rights, the Client may send a request to the Company, by:

by mail to the address contact@popbrush.shop

The request must mention the Customer's e-mail address, surname, first name, postal address and must be accompanied by a copy of his or her front and back identity document.

A response will be sent to the Customer within one month of receipt of the request.

Article 10 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on a Product page, sales of Products on the site do not entail any transfer of intellectual property rights to the Products sold.

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these GTCs.

The Company shall not be liable for any loss or damage arising from the use of the Service.

Article 11 - MAJOR FORCE

The Company shall not be held liable for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which prevents its performance. The Company shall notify the client of the occurrence of such an event as soon as possible.

The Company shall not be liable for any failure to perform its obligations hereunder in the event of the occurrence of an act of God or force majeure which prevents the performance thereof.

Article 12 - EXCLUSION OF LIABILITY

Notwithstanding anything to the contrary contained herein, the Company shall in no event be liable for any loss or damage due to improper use of the Product(s) by the Customer, including but not limited to any modification or alteration of the Product(s) not authorised by the Company.

Article 13 - SUSPENSION - TERMINATION OF ACCOUNT

The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the T&Cs, or in general the applicable legal provisions, without prejudice to any damages that the Company may seek.

The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the T&Cs.

Any person whose account has been suspended or closed will not be able to place a subsequent order or create a new account on the Site without the Company's prior authorisation.

The Company will not be liable for any damages that may be claimed by the Client.

Article 14 - ARCHIVING - PROOF

Unless there is proof to the contrary, the information recorded by the Company constitutes proof of all transactions.

When each Order is placed, the Order summary is sent by email to the Client and archived on the Company's website.

The archiving of communications between the Company and the Client is carried out on computerised registers which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.

The archiving of communications, the order, the details of the order, as well as the invoices is eﬀected on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.

The Customer will have access to the archived elements on request at contact@popbrush.shop

Article 15 - NULLITY AND MODIFICATION OF THE GTC

If any provision of these GTCs is invalid, it shall be deemed unwritten, but shall not invalidate the entire contractual provisions.

Any tolerance on the part of the Company, in the application of all or part of the undertakings made within the framework of these GTCs, regardless of the frequency and duration thereof, shall not be deemed to constitute a modification of the GTCs, nor shall it generate any right whatsoever for the Client.

The Company shall not be liable for any loss or damage arising from any breach of these GTCs.

Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These GCS are subject to French law.

The law of the French Republic is applicable to the contract.

In the event of any difficulty whatsoever, Customer Service is at your disposal to find an amicable solution.

If no solution is found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.