General Terms and Condition of Sale destined to Consumers

GENERAL TERMS AND CONDITIONS OF SALE — CONSUMERS

GENERAL TERMS AND CONDITIONS OF SALE FOR CONSUMERS

Applicable to distance sales of Products concluded between the company BACK2SLEEP and any consumer Customer residing in France or in another Member State of the European Union to which the Company delivers.

ARTICLE 1 — DEFINITIONS

In these general terms and conditions of sale, the following terms, used with an initial capital letter, whether in the singular or the plural, have the following meaning:

Company: means BACK2SLEEP, a simplified joint-stock company (société par actions simplifiée) with a share capital of 150,000 euros, whose registered office is located at 188 rue de Rivoli, 75001 Paris, registered with the Paris Trade and Companies Register (RCS) under number 914 906 268, intra-Community VAT number: FR26914906268, which may be contacted by e-mail at support@back2sleep.eu and by telephone on +33 1 40 41 00 04;

Customer or Consumer: means any natural person who is acting for purposes which are outside his or her trade, business, craft, liberal or agricultural profession, residing in France or in another Member State of the European Union to which the Company delivers, and who places an Order for Products;

Product(s): means any item offered for sale by the Company, whether on a principal or ancillary basis, which may be ordered by the Customer. Products of the intranasal stent type are medical devices within the meaning of Regulation (EU) 2017/745 (see ARTICLE 11);

Primary packaging: means the sealed individual packaging in which each device (intranasal stent) is packed, for reasons of hygiene and health protection;

Secondary packaging: means the outer packaging (case, box, over-packaging) containing one or more Products in their primary packaging;

Catalogue(s): means any paper and/or electronic medium presenting the Products offered for sale by the Company;

Order: means the order for Product(s) placed by the Customer with the Company;

Order Confirmation: means the formal acceptance of the Order by the Company;

Personal Account: means the online personal area created by the Customer on the Site, enabling him or her in particular to place Orders, track their fulfilment and manage his or her subscription;

Contract: means all of the contractual documents defined in ARTICLE 2 hereof, governing the relationship between the Parties;

Party(ies): means individually the Customer or the Company, and collectively the Customer and the Company;

T&Cs: means these general terms and conditions of sale of the Company governing the relationship between the Parties;

Terms of Use: means the general terms and conditions of use of the Site;

Distance Sale: means any contract concluded between a trader and a consumer under an organised distance sales scheme, without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

Site: means the Company's website accessible at https://www.back2sleep.eu.

ARTICLE 2 — PURPOSE — CONTRACTUAL DOCUMENTS — ACCEPTANCE

These T&Cs apply, without restriction or reservation, to all sales of Products concluded by the Company with consumer Customers.

The relationship between the Parties is governed by the Contract, to the exclusion of any other document.

The Contract is made up of the following documents, which form an indivisible contractual whole, in decreasing order of priority:

the Order Confirmation and the summary of the Order accepted by the Customer;
the version of the T&Cs in force and accepted by the Customer on the day of his or her Order.

In the event of any contradiction between these documents, the higher-ranking document shall prevail in respect of the obligation concerned.

The Customer declares that he or she has read these T&Cs and accepted them before placing his or her Order. The version of the T&Cs enforceable against the Customer is the version in force on the day of the Order, as accepted by him or her; any new version of the T&Cs shall apply only to Orders placed after it has been posted online. ``

ARTICLE 3 — ORDERS

3.1 Orders placed by post

Orders may be sent to the Company by post, stating the Customer's name, the delivery address, the billing address, the quantities and references of the Products required and, where applicable, the customer number. A template order form is provided for this purpose upon request.

3.2 Orders placed on the Site

Orders are placed by the Customer by selecting the Product offers available — Starter-Kit or Back2Sleep Products — on the Site, in accordance with the following process:

identification of the Customer by means of his or her username and password to access his or her Personal Account, or ordering as a guest;
selection of: the Product(s) (Starter-Kit or Back2Sleep Products), the Product size, and either a one-off purchase or the "subscription" option (for Back2Sleep Products);
before final validation, viewing by the Customer of the details of his or her Order (Products, quantities, prices inclusive of all taxes, delivery costs) and the possibility of making any change to the contents of his or her basket;
acceptance by the Customer, by ticking the relevant boxes, of: the Terms of Use of the Site, the privacy policy and these T&Cs.

By ticking the corresponding boxes, the Customer declares that he or she has read the T&Cs and accepts them without reservation before validating his or her Order.

Validation of the Order constitutes full and unreserved acceptance by the Customer of the Products, quantities and prices, and entails an obligation to pay, which is expressly brought to his or her attention at the time of validation ("order with obligation to pay").

3.3 "Subscription" option

On the Site, the Customer may take out the "subscription" option.

The Customer chooses the number of boxes ordered and the desired frequency, within the limits of the plans offered on the Site. Where the Customer has taken out this option, the Company undertakes to deliver the Products at each due date (2 Products every two months, 4 Products every four months or 6 Products every six months).

The price of each subscription period is debited in advance, at each delivery due date, according to the frequency chosen by the Customer. The exact amount and frequency of the debits are displayed to the Customer before subscribing and restated in the Order Confirmation. ``

The Customer may cancel his or her subscription at any time, free of charge and without giving any reason, directly from his or her Personal Account — by means of a simple, free-of-charge and directly accessible online cancellation facility, in accordance with Article L.215-1-1 of the French Consumer Code — no later than the day before the due date of the next debit. He or she may also cancel by e-mail to support@back2sleep.eu. ``

If the subscription is not cancelled before the due date, the Products corresponding to the current period are delivered and invoiced; the cancellation then takes effect for the following due date.

In the event of a change in the subscription price, the Company shall inform the Customer in writing, on a durable medium, at least thirty (30) days before the new price comes into effect. The new price shall apply only from the billing period following such notification. A Customer who does not accept the new price may cancel his or her subscription free of charge before it comes into effect; failing cancellation, the new price shall apply. Any price reduction shall benefit the Customer under the same notice conditions. ``

3.4 Conditions common to all Orders

The Company accepts an Order only if the Customer has clearly identified himself or herself by providing the information required in the order form (name, address, telephone number, e-mail address, accurate delivery and billing addresses, etc.).

Product offers are valid for as long as they are visible on the Site, subject to available stock.

The information provided by the Customer when placing an Order is binding upon him or her, in particular in the event of an error in the delivery details.

The Products sold are intended for strictly personal and domestic use. By placing an Order, the Customer undertakes not to use the Products for commercial purposes, and in particular not to resell them, especially on platforms or marketplaces. The Company reserves the right, on this legitimate ground, to reduce, split or refuse any Order that is abnormally high in quantity in view of the volume usually ordered by a consumer.

The Company reserves the right to refuse any Order from a Customer with whom there is a dispute relating to the payment of a previous Order.

3.5 Order Confirmation — Order tracking

For Orders placed on the Site, the Contract is definitively formed when the Company confirms the Order to the Customer by e-mail (Order Confirmation).

The Company may refuse an Order only on legitimate grounds, in particular: unavailability of the Product, manifest impossibility of fulfilling the Order (non-existent address, manifestly incorrect information), an abnormal Order within the meaning of Article 3.4 or a previous payment dispute. In the event that a Product becomes unavailable after the Order has been placed, the Customer shall be informed without delay and the sums paid in respect of the unavailable Product shall be refunded to him or her immediately. ``

The Order Confirmation e-mail summarises all the elements of the Order (Products, prices, costs, quantities, delivery address, etc.). It is the Customer's responsibility to check the accuracy of the Order and to report any error to the Company immediately.

Orders on the Site require the Customer to have a valid e-mail address and a functioning inbox, failing which he or she will not be able to receive the Order Confirmation. The Customer is advised to keep or print this confirmation.

In certain cases, in particular in the event of an inaccurate address or a difficulty affecting the Personal Account, the Company reserves the right to suspend the processing of the Order until the issue is resolved, the Customer being informed thereof.

Any contract concluded via the Site constitutes a Distance Sale subject, as such, to Articles L.221-1 et seq. of the French Consumer Code.

ARTICLE 4 — CATALOGUES — AVAILABILITY OF PRODUCTS

The Company uses its best endeavours to provide Customers with the most complete information on the Products presented in its Catalogues and on the Site.

Photographs of the Products are provided for illustrative purposes; the Customer must refer to the description of each Product to ascertain its essential characteristics.

The information and documents appearing in the Catalogues may be amended and updated at any time; the version enforceable against the Customer is the version in force on the day of his or her Order.

The Customer is invited to pay particular attention to ARTICLE 11 of the T&Cs: "CONFORMITY OF THE PRODUCTS — MEDICAL DEVICE — LIABILITY".

ARTICLE 5 — PRICES OF THE PRODUCTS AND DELIVERY COSTS

The Products are supplied at the prices in force shown on the Site on the day the Order is registered by the Company. Prices are expressed in euros, inclusive of all taxes (VAT included). ``

Prices take account of any discounts granted by the Company, in particular on the Site.

These prices are firm and non-revisable during their period of validity, that is to say until the Order is validated by the Customer; outside this period, the Company may amend its prices at any time, without effect on Orders already placed.

The prices of the Products do not include handling, shipping and delivery costs, which are invoiced in addition and brought to the Customer's attention before the Order is validated. The payment requested from the Customer corresponds to the total amount of the Order, inclusive of all taxes and costs.

An invoice is drawn up by the Company and provided to the Customer upon delivery of the Products or made available in his or her Personal Account.

Any price reduction announcement shall indicate the prior price charged by the Company, defined as the lowest price charged by the Company to all Customers during the thirty (30) days preceding the application of the reduction (Article L.112-1-1 of the French Consumer Code).

ARTICLE 6 — PAYMENT

6.1 Payment methods

Payments are processed securely by the payment service providers Stripe and Shopify Payments.

The price is payable in full on the day the Order is placed by the Customer, by secure payment, using the following methods:

by bank card: Visa, MasterCard, American Express;
by bank transfer;
by PayPal.

Cheques are not accepted.

No additional charges may be billed to the Customer for the use of a means of payment beyond the costs actually borne by the Company (Article L.121-18 of the French Consumer Code).

6.2 Payment of subscriptions

The subscription price is debited in advance, at each delivery due date, by bank card (Visa, MasterCard, American Express), according to the frequency chosen by the Customer and under the conditions set out in Article 3.3.

6.3 Non-payment

The Customer's payment shall be deemed final only upon actual collection by the Company of the sums due.

In the event of a failed or rejected payment (in particular of a subscription debit), the Company shall inform the Customer and invite him or her to remedy the situation. Failing regularisation after formal notice sent to the Customer by e-mail and remaining without effect for a period of fourteen (14) days, the Company may suspend delivery of Orders in progress or terminate the subscription, without prejudice to its right to recover the sums corresponding to Products already delivered. ``

ARTICLE 7 — RIGHT OF WITHDRAWAL (DISTANCE SALE), RETURNS AND REFUNDS

7.1 Principle

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the consumer Customer has a period of fourteen (14) days from receipt of the Products to exercise his or her right of withdrawal, without having to give any reason for his or her decision or to bear any costs other than those provided for below.

For Orders with the "subscription" option (regular delivery of Products over a defined period), the withdrawal period runs from receipt of the first Product (Article L.221-18, paragraph 2, 3° of the French Consumer Code).

During this period, the Customer may open the secondary packaging (outer packaging) and handle the Products only to the extent necessary to establish their nature, characteristics and proper functioning, as he or she could do in a shop. The Customer shall be liable only for any diminished value of the Products resulting from handling other than that necessary for such checks (Article L.221-23 of the French Consumer Code).

7.2 "30-day satisfaction" commercial guarantee (voluntary commitment)

As a voluntary commercial commitment, separate from and without prejudice to the statutory right of withdrawal, the Company offers the Customer a total period of thirty (30) days from receipt in which to change his or her mind. This facility allows the Customer to discover the Product and to view it in its sealed primary packaging.

It is strictly reserved for Products whose primary packaging remains intact, sealed, unopened and untried: given the stringent hygiene requirements and the risk of contamination inherent in a device for intranasal use, any Product whose primary packaging has been opened, unsealed or tried is definitively excluded from this guarantee, as it is from the right of withdrawal (Article 7.3). This commercial guarantee neither reduces nor replaces the statutory right of withdrawal of fourteen (14) days, nor the statutory guarantees. ``

7.3 Hygiene and health protection exception — medical devices

The Products are medical devices within the meaning of Regulation (EU) 2017/745 of 5 April 2017 on medical devices ("MDR"), bearing the CE marking. They are intended to be inserted into the nasal cavity and to reach the region of the soft palate.

For imperative reasons of hygiene and health protection, each device (intranasal stent) is individually packed in sealed primary packaging, which is itself placed inside the secondary packaging.

In accordance with Article L.221-28, 3° of the French Consumer Code (transposing Article 16(e) of Directive 2011/83/EU), the right of withdrawal cannot be exercised in respect of any device whose sealed primary packaging has been opened or unsealed after delivery. Such a device, being intended for insertion into the upper airways, cannot, for reasons of hygiene and health protection, be taken back, exchanged or refunded. ``

7.4 Practical consequences — primary packaging / secondary packaging

Opening of the secondary packaging only (outer packaging / case): does not result in the loss of the right of withdrawal, provided that the Product(s) are returned complete, with all individual primary packaging intact and not unsealed, together with the accessories, the instructions for use and the invoice, in a condition allowing them to be placed back on the market.
Opening or unsealing of an individual primary packaging: the corresponding device is definitively excluded from the right of withdrawal and from any return, exchange or refund, for the reasons of hygiene and health protection set out above.

Case of the SnoreKit (multi-size kit containing several individually sealed devices): the exclusion is assessed device by device. Only those stents whose primary packaging has been opened, unsealed or tried are excluded; the stents that remain sealed, as well as unused accessories, remain eligible for return and pro-rata refund, provided they are returned complete.

7.5 Procedure for exercising the right of withdrawal and returns

The right of withdrawal is exercised by means of the model withdrawal form set out in Annex 1, or by any other unambiguous statement sent to support@back2sleep.eu (name, address, telephone and order numbers, order and receipt dates). The Company shall acknowledge receipt of the request without delay on a durable medium.

Eligible Products must be returned, no later than fourteen (14) days after notification of the withdrawal, to the following address:

Back2Sleep — Atelier Georges Lapierre, 31 avenue des Châtaigniers, 95150 Taverny (France).

Given the nature of the Products (medical devices for intranasal use), the Customer shall take care to observe appropriate transport and hygiene precautions when returning them.

The direct cost of returning the Products shall be borne by the Customer.

7.6 Refund

Where the right of withdrawal is validly exercised, the Company shall refund the price of the eligible Product(s) as well as the standard delivery costs, no later than fourteen (14) days after being informed of the decision to withdraw, it being specified that the Company may defer the refund until it has recovered the Products or until the Customer has provided proof of dispatch. The refund shall be made using the same means of payment as that used for the Order, unless the Customer expressly agrees to a different means.

Devices excluded from the right of withdrawal under Article 7.3 (primary packaging opened/unsealed) shall not give rise to any refund, without prejudice to the statutory guarantees (conformity and hidden defects), which remain applicable in the event of a defect in the Product.

ARTICLE 8 — STATUTORY GUARANTEES

8.1 Principle

The Products offered for sale comply with the regulations in force in France.

Independently of any commercial guarantee, the Customer benefits, as of right and at no additional cost, from:

the statutory guarantee of conformity (Articles L.217-3 et seq. of the French Consumer Code);
the statutory guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code).

The seller bound by these guarantees is the Company: BACK2SLEEP SAS, 188 rue de Rivoli, 75001 Paris — support@back2sleep.eu.

8.2 Mandatory legal information on guarantees (boxed notice — Article D.211-2 of the French Consumer Code)

8.3 Statutory guarantee of conformity — implementation

The Company undertakes to deliver a Product that conforms to the contractual description and to the criteria set out in Article L.217-5 of the French Consumer Code.

The Company is liable for lack of conformity existing at the time of delivery of the Products and becoming apparent within a period of two (2) years from delivery. This period applies without prejudice to Articles 2224 et seq. of the French Civil Code, the limitation period for the Customer's action running from the day on which he or she becomes aware of the lack of conformity.

It is for the Customer to request that the Company bring the Product into conformity, choosing between repair and replacement. The Product shall be brought into conformity within a period not exceeding thirty (30) days following the Customer's request, free of charge and without any major inconvenience to him or her; this includes, where applicable, the removal and taking back of the non-conforming Product. Any Product repaired under the statutory guarantee of conformity benefits from a six (6) month extension of the guarantee.

Where the Company imposes replacement of the non-conforming Product despite the Customer's contrary choice, the replacement triggers a new statutory conformity guarantee period of two (2) years from delivery of the replacement Product. If the requested bringing into conformity is impossible or entails disproportionate costs within the meaning of Article L.217-12 of the French Consumer Code, the Company may refuse to carry it out; if the conditions of that Article are not met, the Customer may, after formal notice, pursue enforced performance in kind of the remedy initially requested (Articles 1221 et seq. of the French Civil Code).

Finally, the Customer may obtain a reduction in the price or rescission of the sale (except in the case of a minor lack of conformity) under the conditions set out in Article L.217-14 of the French Consumer Code. Where the lack of conformity is so serious as to justify an immediate reduction in the price or rescission of the sale, the Customer is not required first to request repair or replacement. The price reduction shall be proportionate to the difference between the value of the Product delivered and its value in the absence of the defect.

In the event of rescission of the sale, the Customer shall be refunded the price paid upon return of the non-conforming Product to the Company, at the latter's expense. The refund shall be made upon receipt of the Product or of proof of its return by the Customer, and at the latest within the following fourteen (14) days, using the same means of payment as that used for the Order, unless the Customer expressly agrees otherwise, and at no additional cost.

The foregoing provisions are without prejudice to the possible award of damages to the Customer in respect of the loss suffered as a result of the lack of conformity.

It is recalled that the Products require adjustment to the morphology, and even the sensitivity, of each user. In this respect, it is recommended to begin using the Products by purchasing a starter kit (Starter-Kit), which helps determine the appropriate size of the Product. A size mismatch attributable solely to the Customer's choice does not, in itself, constitute a lack of conformity.

8.4 Statutory guarantee against hidden defects — implementation

The Company is bound by the guarantee against hidden defects resulting from a defect in materials, design or manufacture affecting the Products delivered and rendering them unfit for their intended use (Article 1641 of the French Civil Code).

The Customer may bring an action within two (2) years from discovery of the defect; he or she may choose between rescission of the sale and a reduction in the price, in accordance with Article 1644 of the French Civil Code.

8.5 Exclusions

The statutory guarantee of conformity does not cover defects resulting from misuse, from a failure of storage or maintenance attributable to the Customer, from use for professional purposes, from negligence, from normal wear and tear of the Product, from an accident or from an event of force majeure. ``

ARTICLE 9 — DELIVERY — TRANSPORT

The Products are delivered to the address indicated by the Customer when placing his or her Order, on the date or within the delivery period indicated to the Customer before validation of his or her Order on the Site.

For guidance, the periods observed are 2 to 8 working days for shipments within France and 4 to 30 days for shipments to other countries of the European Union, from dispatch of the Order. In any event, and unless a different delivery date is expressly agreed with the Customer at the time of the Order, the Company shall deliver the Products no later than thirty (30) days after conclusion of the Contract, in accordance with Article L.216-1 of the French Consumer Code. ``

In the case of a pre-sale, the deadline for delivery is expressly indicated to the Customer on the Product page and at the time of validation of the Order, and restated in the Order Confirmation; this date prevails over the standard periods indicated above. ``

Save in special circumstances or where one or more Products are unavailable, the Products ordered are delivered in a single consignment.

If the Products have not been delivered by the date or upon expiry of the period indicated, or failing that no later than thirty (30) days after conclusion of the Contract, for any cause other than force majeure or the Customer's own act, the Customer may, under the conditions of Articles L.216-6 et seq. of the French Consumer Code:

either suspend payment of all or part of the price until the Company performs, under the conditions of Articles 1219 and 1220 of the French Civil Code (defence of non-performance);
or terminate the Contract, after having given the Company formal notice to effect delivery within a reasonable additional period, if the Company has not performed within that period.

Termination may be immediate if the Company refuses to deliver or if it is clear that it will not be able to deliver the Products, or if the delivery date or period constituted an essential condition of the Contract for the Customer.

In the event of termination of the Contract, the sums paid by the Customer shall be refunded to him or her in full no later than fourteen (14) days following the date on which the Contract was terminated, without prejudice to the possible award of damages.

The Customer is advised to check the condition of the Products upon delivery and to report to the Company, as soon as possible, any damage or apparent anomaly (damaged parcel, parcel already opened, missing Product, etc.), by e-mail to support@back2sleep.eu, with supporting photographs where appropriate. The absence of reservations upon delivery does not deprive the Customer of any right and does not preclude the exercise of the statutory guarantees or of the right of withdrawal. ``

ARTICLE 10 — TRANSFER OF OWNERSHIP AND RISK

Ownership of the Products shall pass to the Customer only upon full payment of the price by him or her, irrespective of the date of delivery of the Products.

Irrespective of the date of transfer of ownership, the risk of loss of or damage to the Products shall pass to the Customer only at the moment when the Customer, or a third party designated by him or her other than the carrier proposed by the Company, takes physical possession of the Products (Article L.216-5 of the French Consumer Code). The Products travel at the Company's risk.

ARTICLE 11 — CONFORMITY OF THE PRODUCTS — MEDICAL DEVICE — LIABILITY

The Products offered in the Catalogues comply with the regulations in force in France.

The medical devices sold by the Company are regulated medical devices within the meaning of Regulation (EU) 2017/745 of 5 April 2017 on medical devices ("MDR"), bearing the CE marking. Device class: Class I. ``

Unless expressly stipulated otherwise, the Company guarantees the suitability of the Product solely for the use for which it was designed, as described in its instructions for use, and not for any other use that the Customer may contemplate.

The Customer must strictly comply with the indications specific to each Product, it being specified that the information provided by the Company can under no circumstances take the place of medical advice.

The Customer undertakes to acquaint himself or herself with any adverse effects, contraindications and strict conditions of use (prior test to determine the size, duration of use) and, where necessary, to consult a healthcare professional. He or she also undertakes to comply strictly with the conditions of use set out in the instructions for use enclosed with the Products.

The Company does not intend to provide, in any manner whatsoever, health or pharmaceutical advice or consultations. Any information of this nature must be sought from a doctor, a pharmacist or a healthcare professional. The Customer accordingly acknowledges that the information provided by the Company is in no way intended to give medical advice, to establish a diagnosis or to replace the consultation, advice or recommendations of a healthcare professional.

The Customer undertakes to inform the Company without delay of any materiovigilance incident, stating the references and batch numbers of the Products concerned.

The Customer may send to the French National Agency for the Safety of Medicines and Health Products (ANSM) any report or alert concerning a medical device Product likely to present an adverse effect, via the following link: https://ansm.sante.fr/documents/reference/declarer-un-effet-indesirable.

ARTICLE 12 — INTELLECTUAL PROPERTY

All signs, logos and other distinctive elements affixed to the Products are the exclusive property of the Company. The corporate names, trade names, trade marks, logos and distinctive signs reproduced in the Catalogues and on the Site are protected by trade mark law and intellectual property law. Any reproduction or representation, in whole or in part, of any of these signs is strictly prohibited without the prior written authorisation of the Company.

Products of the medical device type are also protected by patents.

All texts, comments, works, illustrations and images reproduced or represented in the Catalogues and on the Site are reserved under copyright and intellectual property law, for the whole world. In accordance with the French Intellectual Property Code, only private use is authorised. Any reproduction or representation, in whole or in part, of the Catalogues or of elements of the Site may constitute infringement.

The Company grants the Customer only the right to consult and print the content of the Site for exclusively private and non-commercial use. These T&Cs do not entail any assignment of licence or of any right to use the patents or any other intellectual property right of the Company for the benefit of the Customer.

If the Customer wishes to use all or part of the Company's intellectual property rights, he or she must obtain its prior written authorisation.

ARTICLE 13 — TERMINATION OF THE CONTRACT — HARDSHIP

13.1 Termination for breach

In the event of a breach by either Party of any of its essential obligations under the Contract — in particular delivery of the Products ordered (ARTICLE 9), payment of the price (ARTICLE 6), compliance with the intended use of the Products and the prohibition on resale (ARTICLES 3.4 and 11), or respect for intellectual property rights (ARTICLE 12) — the other Party may terminate the Contract, in accordance with Article 1224 of the French Civil Code, after formal notice sent by registered letter with acknowledgement of receipt (or, in the case of the Company vis-à-vis the Customer, by e-mail together with a letter) remaining without effect for a period of fourteen (14) days. ``

Termination does not deprive the injured Party of the right to seek compensation for its loss before the courts, nor the Customer of the exercise of his or her statutory rights (delivery — ARTICLE 9, guarantees — ARTICLE 8).

13.2 Hardship

In the event of a change of circumstances that was unforeseeable at the time of conclusion of the Contract and that renders performance excessively onerous for a Party which had not agreed to bear that risk, that Party may request renegotiation of the Contract from the other party, in accordance with Article 1195 of the French Civil Code. It shall continue to perform its obligations during the renegotiation.

13.3 Enforced performance

In the event of a breach by either Party of its obligations, the Party suffering the breach may, after formal notice remaining without effect, pursue enforced performance in kind under the conditions of Articles 1221 and 1222 of the French Civil Code, save where performance is impossible or where there is a manifest disproportion between its cost to the debtor and its benefit to the creditor.

ARTICLE 14 — FORCE MAJEURE

Neither Party may be held liable to the other for the non-performance of any of its obligations due to an event of force majeure, as defined in Article 1218 of the French Civil Code.

The Party noting the event shall inform the other Party thereof without delay and provide evidence thereof. The resulting suspension of obligations shall not constitute a ground of liability nor give rise to damages.

Performance of the obligations shall be suspended for the entire duration of the force majeure event if it is temporary and does not exceed two (2) months; as soon as the cause of suspension ceases, the Parties shall resume normal performance of their obligations as soon as possible, the prevented Party notifying the other Party of the resumption.

If the impediment is permanent or exceeds two (2) months, the Contract shall be terminated as of right at the initiative of the first Party to act, by written notice to the other Party; the sums paid by the Customer in respect of Products not delivered shall then be refunded to him or her within fourteen (14) days.

ARTICLE 15 — PERSONAL DATA

The Company, in its capacity as data controller, processes the personal data of its Customers for the following purposes: management of Orders and subscriptions, delivery, payment, invoicing, customer service, management of returns and withdrawals and, subject to the Customer's consent where required, commercial prospecting.

This data is intended for the authorised departments of the Company and for its processors and partners strictly necessary for the performance of the Contract (payment providers Stripe and Shopify Payments, carriers, returns logistics provider). It is retained for the periods necessary for the purposes pursued and for the Company's legal obligations.

In accordance with Regulation (EU) 2016/679 ("GDPR") and French Law No. 78-17 of 6 January 1978 as amended, the Customer has rights of access, rectification, erasure, restriction, objection and portability, which he or she may exercise by contacting support@back2sleep.eu. He or she also has the right to lodge a complaint with the CNIL (www.cnil.fr) or with the supervisory authority of his or her State of residence.

All information relating to the processing of personal data is set out in the Company's privacy policy, accessible at: https://back2sleep.eu/fr/pages/privacy-policy. ``

ARTICLE 16 — ARCHIVING OF THE CONTRACT

For any Contract concluded electronically for an amount equal to or greater than 120 euros, the Company shall archive the Contract for a period of ten (10) years from delivery, in accordance with Articles L.213-1 and R.213-2 of the French Consumer Code, and shall guarantee access to it at any time to the Customer who so requests at support@back2sleep.eu. ``

ARTICLE 17 — SEVERABILITY

The nullity or unenforceability of any of the provisions of these T&Cs shall not entail the nullity of the other provisions, which shall retain their full effect. The Parties may agree to replace the invalidated provision(s).

ARTICLE 18 — NO WAIVER

The fact that either Party does not rely, temporarily or permanently, on a breach by the other Party of any of the provisions of the Contract shall not constitute an amendment to or deletion of that provision, nor a waiver of the right to rely on prior, concurrent or subsequent breaches, whether identical or not. Such a waiver shall be effective only if expressed in writing by a duly authorised person.

ARTICLE 19 — GOVERNING LAW — LANGUAGE OF THE CONTRACT

The Contract is governed by French law.

However, if the Customer habitually resides in another Member State of the European Union to which the Company directs its activities, this choice cannot deprive him or her of the protection afforded by the mandatory provisions of the law of his or her country of habitual residence, in accordance with Article 6(2) of Regulation (EC) No 593/2008 ("Rome I"). ``

These T&Cs are drawn up in French, which is the authoritative version. Translations into other languages are provided for the Customer's convenience; in the event of any discrepancy between the French version and a translation, the discrepancy cannot be relied upon against the Customer and the text shall be given the interpretation most favourable to him or her. ``

ARTICLE 20 — CONSUMER MEDIATION — DISPUTES

20.1 Prior complaint

In the event of any difficulty, the Customer is invited to contact the Company's customer service in the first instance: support@back2sleep.eu or by post to BACK2SLEEP SAS, 188 rue de Rivoli, 75001 Paris.

20.2 Consumer mediation

In accordance with Articles L.612-1 et seq. of the French Consumer Code, the Customer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of any dispute between him or her and the Company, after first submitting a written complaint to the Company.

The mediator designated by the Company is:

CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice 14 rue Saint-Jean, 75017 Paris Online referral: https://www.cm2c.net ("déclarer un litige" form) Referral by post: CM2C, 14 rue Saint-Jean, 75017 Paris

The Customer remains free to accept or refuse recourse to mediation and, if mediation fails, to bring the matter before the competent court. He or she may also have recourse to any other alternative dispute resolution method (conciliation, in particular).

20.3 Competent courts

Any dispute relating to the validity, interpretation, performance or termination of these T&Cs and of the sales concluded pursuant thereto that has not been resolved amicably shall be brought before the competent courts under the ordinary rules of jurisdiction.

It is recalled that, pursuant to Article R.631-3 of the French Consumer Code, the Customer may bring proceedings, at his or her option, before one of the territorially competent courts under the French Code of Civil Procedure, or before the court of the place where he or she resided at the time of conclusion of the Contract or of the occurrence of the harmful event. ``

A consumer Customer residing in another Member State of the European Union furthermore retains the benefit of the protective rules of jurisdiction provided for in Articles 17 to 19 of Regulation (EU) No 1215/2012 ("Brussels I bis"), which allow him or her in particular to bring proceedings before the courts of the Member State of his or her domicile. ``

ARTICLE 21 — PRE-CONTRACTUAL INFORMATION — ACCEPTANCE BY THE CUSTOMER

The Customer acknowledges having received from the Company, in a legible and comprehensible manner, by means of these T&Cs and the information displayed on the Site, before placing his or her Order, and in accordance with Articles L.111-1 and L.221-5 of the French Consumer Code, the following information:

the essential characteristics of the Products, in particular their specifications, illustrations and indications of dimensions or size, enabling him or her to order in full knowledge of the facts, particularly as regards their conditions of use; the Customer must refer to the description of each Product to ascertain its essential properties and characteristics;
the price of the Products, inclusive of all taxes, and ancillary costs (delivery in particular);
the arrangements for payment, delivery and performance of the Contract;
in the absence of immediate performance, the date or period for delivery of the Products ordered;
the identity of the Company and all of its contact details (postal, telephone and electronic);
the existence and the arrangements for implementing the statutory guarantees (statutory guarantee of conformity, guarantee against hidden defects), any commercial guarantee and, where applicable, the after-sales service;
the possibility of having recourse to a consumer mediator, whose contact details are set out in ARTICLE 20 hereof;
the existence, conditions, period and arrangements for exercising the right of withdrawal, the model withdrawal form, as well as the cases in which the right of withdrawal is lost, in particular the unsealing of the primary packaging of medical devices for reasons of hygiene and health protection (ARTICLE 7.3);
the arrangements for cancelling the subscription, the handling of complaints and the other important contractual terms;
the accepted means of payment.

The fact that the Customer orders a Product entails full and unreserved acceptance of these T&Cs and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer.

ANNEX 1 — WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract — Article R.221-1 of the French Consumer Code.) ``

For the attention of: BACK2SLEEP SAS Returns: Back2Sleep — Atelier Georges Lapierre, 31 avenue des Châtaigniers, 95150 Taverny (France) E-mail: support@back2sleep.eu — Telephone: +33 1 40 41 00 04

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods listed below:

Ordered on (*) / received on (*): ..............................................
Order number: ..............................................
Name of consumer(s): ..............................................
Address of consumer(s): ..............................................
Reason for return (optional): ..............................................

Signature of consumer(s) (only if this form is notified on paper):

Date: ..............................................

(*) Delete as appropriate.

Important reminder: for medical devices, only Products whose individual primary packaging has remained intact, sealed and unopened may be returned and refunded, for reasons of hygiene and health protection (Article L.221-28, 3° of the French Consumer Code — see ARTICLE 7 of the T&Cs).

EXTENDED PRODUCER RESPONSIBILITY (EPR)

In accordance with the French regulations on Extended Producer Responsibility (EPR — "Responsabilité Élargie du Producteur", REP), BACK2SLEEP holds the following unique identifier for the Household Packaging and Graphic Papers scheme: FR482145_01YEJT.