General terms and conditions of sales

PANIER DES SENS INC. owner of the https://ca.panierdessens.com website is registered with the Quebec companies register under number (NEQ) 1178246865. Its head office is established at 9200 du Parc Avenue, Suite 302, Montreal, QC H2N 1Z4, Canada, its email address is contactca@panierdessens.com, its telephone number is +1438-838-1101. The general terms and conditions of sale hereof apply unconditionally and without limitation to any order conclude on the https://ca.panierdessens.com website.

Consequently, by placing an order for a product proposed for sale on the https://ca.panierdessens.com website implies that the customer fully accepts the general terms and conditions of sale hereof which they acknowledge they have taken note of prior to placing their order. The customer declares they have the legal capacity to place orders, that is to say they are of full legal age and are not under permanent or temporary legal guardianship. PANIER DES SENS INC. reserves the right to adapt or to modify the general terms and conditions of sale hereof at any time. In the event of modification, the general terms and conditions of sale in effect at the date of order will apply.

PRODUCTS

Pursuant to article L.111-1 of the French consumer code, the customer has the right to view detailed information as regards the essential characteristics of the products they wish to order prior to placing the order. The products proposed for sale on the present website at the address https://ca.panierdessens.com constitute the offer of PANIER DES SENS INC. PANIER DES SENS INC. reserves the right to modify its collection at any time and to change its product list and product ranges. Product photos presented on our website are not contractually-binding.

PRICING

The selling price of the products specified in $CA Dollar (Tax excluded) is the price in effect at the time the order is placed. These prices do not include shipping costs which are invoiced in addition to the price of the products purchased pursuant to the terms and conditions specified hereinafter and as mentioned to the customer prior to confirming the order. Prices may be modified at any time. They not include the VAT applicable on the date of order. Any change in the applicable rate may be duly applied to the product prices.

PRODUCT AVAILABILITY

We make every effort to ensure product availability. Information on product availability is provided to the customer at the time of order. If a product included in the order is not available at the time of order picking, PANIER DES SENS INC. will automatically send an email to the customer. In this case, the customer may:

• Wait (except when the product is on sale at a reduced price, a product which is permanently out of stock or a limited edition product);
• Replace the unavailable product by a product of the same price (except in the case of a product offered free of charge); [return shipping costs after a customer has exercised their right of withdrawal are, in this case only, payable by PANIER DES SENS INC.];
• Receive the rest of their order without the unavailable product, the amount will therefore be deducted from the order total and the customer will not be invoiced (except in the case of a product offered free of charge).

TO ORDER

PANIER DES SENS INC. offers you the opportunity to order using the ordering option which suits you best, in order to better satisfy you.

Via the website

• Payment may be made by credit card, by Paypal, Apple Pay or by using a gift voucher
• The customer may check the details of their current order and correct any errors if necessary.
• When the customer confirms their order, they acknowledge they have fully taken note of the general terms and conditions of sale prior to confirming the order and explicitly declare they accept them when they check the box “I have read and accept the general terms and conditions of sale”.
• The sale will be considered as final when the customer confirms the order, without prejudice to the customer being able to exercise their right of withdrawal. This order will be confirmed by PANIER DES SENS INC. via an email sent to the customer.
• A second email will be sent to the customer once the order has been shipped. PANIER DES SENS INC. advises the customer to keep these two emails printed on a paper medium or saved in a computerized version. The customer is informed that the two emails will be sent to the email address they entered when creating their customer account/logging in prior to placing the order. As such, in the event that the email address concerned has been incorrectly entered by the customer or they did not receive the order confirmation email, PANIER DES SENS INC. cannot be held liable. • PANIER DES SENS INC. will be entitled to collect the entire amount of the order as soon as the email informing the customer that the order has been shipped has been sent. In the event that deliveries are split, only the products shipped will be debited.

By phone

• On +1438-838-1101 (local call rate) from Monday to Friday from 9am to 5pm. • Payment may be made by credit card. The customer is invited to prepare their order and to have their credit card on hand when calling.

PAYMENT

By confirming their order, the customer is under the obligation to pay the price specified. For the purchase of products on the website https://ca.panierdessens.com • for payment by credit card (secure payment) PANIER DES SENS INC. accepts payment by debit card, Visa and Mastercard.

DATA AND PAYMENT SECURITY

Payments on this website are made by bank card using Shopify Payment. This website secures your confidential data via a Verisign SSL certificate. The data exchanged is as such encrypted with SSL (secure socket layer) before being transmitted. As this data is illegible, no-one can use it without your knowledge. To increase the security of your bank data, PANIER DES SENS INC. does not retain it. This is why you have to transmit it to us each time you place a new order. PANIER DES SENS INC. reserves the right to suspend or cancel any order and/or delivery in the event of non-payment by the customer, a payment incident and/or fraud in the use of the website or means of payment selected by the customer.

TRANSACTION CHECK

As part of its order checking service, PANIER DES SENS INC. may contact the customer by any means, in order to validate a transaction and may, if required, ask for any supporting documents deemed useful (relating to identity, and/or place of residence and/or the means of payment used). The customer must provide the supporting documents requested within 15 (fifteen) business days of receipt of the request from PANIER DES SENS INC. The customer is informed that the delay, failure or refusal to transmit the supporting documents requested will result in the cancellation of the order by PANIER DES SENS INC. On receipt of the supporting documents and in the event of confirmation of the order by PANIER DES SENS INC., the time taken by the customer to transmit the documents requested will delay the delivery of the product(s) ordered by the same number of days.

DELIVERY TIME

The maximum time for shipping the order is 7 (seven) business days from order confirmation. This timeframe is taken into account when you place your order before 12pm, for items in stock. (1). The different shipping costs are available on our website, at the following link: https://ca.panierdessens.com/shipping in the event of a delay in delivery exceeding 30 business days after the maximum delivery date specified at the time of the order for the delivery of the products, the customer has the option of cancelling their order via panier des sens customer service within a maximum period of 60 (sixty) business days from the date the maximum delivery date specified at the time of order for the delivery of the products has been overrun, except if this delay in delivery is due to a case of force majeure: the order may be cancelled by:
• email to the following address: contactca@panierdessens.com • telephone: +1438-838-1101 (local call rate) from Monday to Friday from 9 am to 5 pm. PANIER DES SENS INC. 9200 du Parc Avenue, Suite 302, Montreal, QC H2N 1Z4, Canada, the customer must check the compliance of the goods delivered at the time of delivery and before signing the receipt from the service provider making the delivery. They must specify any delivery irregularity on the delivery slip in the form of handwritten reservations accompanied by their signature. This check is deemed as completed once the customer, or a person authorized by them, has signed the receipt. If the original packaging is damaged, torn or open when the package is delivered, the customer must check the condition of the items. If any item has been damaged, the customer must categorically refuse the package and write a reservation on the delivery slip (package refused because open or damaged).

Returns and exchanges

PANIER DES SENS INC. reserves ownership of the products delivered until full payment of the order. For any return or exchange, PANIER DES SENS INC. invites the customer to address their request to the customer service, at the latest within 10 (ten) days of delivery, which will indicate the procedure to follow and issue a return slip to be filled in.

Return by exercising right of withdrawal

Right of withdrawal is applicable to non-professional natural persons. The customer may change their mind and cancel their order for any reason within 14 (fourteen) days of receipt of the products by sending the following standard withdrawal form to PANIER DES SENS INC.: "for the attention of PANIER DES SENS INC., 9200 du Parc Avenue, Suite 302, Montreal, QC H2N 1Z4, Canada / contactca@panierdessens.com: i/we (*) hereby inform you (*) of my/our (*) withdrawal from the contract for the sale of goods (*)/provision of services (*) below: ordered on (*)/received on (*): consumer(s)' name(s): consumer(s)' address(es): consumer(s)' signature (only if the form hereof is sent on paper media): date: (*) delete as appropriate." if the customer chooses to cancel their order, they have a period of 7 (seven) days from the date they notify PANIER DES SENS INC. of the exercise of their right of withdrawal to return to PANIER DES SENS INC., at their own expense, the products subject to the exercise of the right of withdrawal as well as any promotional gifts linked to these products (insofar as the conditions for granting these gifts are no longer met given the withdrawal) in perfect condition. PANIER DES SENS INC. will not reimburse return shipping costs and, failing return, reserves the right to invoice the costs incurred in recovering the said products. Reimbursement of the sums paid by the customer, with the exception of the return shipping costs, will be made within 30 (thirty) days of the date on which the right of withdrawal was exercised, using the same means of payment as used for the order. In the event of difficulty or incident, PANIER DES SENS INC. invites the customer to contact its customer service directly. Returns for other reasons any product return which is not related to exercising a guarantee or the right of withdrawal, in particular in the event of product defect, must be subject to formal agreement between the customer and PANIER DES SENS INC. It will lead, if applicable, to the creation of a credit note for the benefit of the customer. Return shipping costs will be payable by the customer.

RETURN PROCEDURE

In all cases, products must be returned in their original packaging, along with the promotional gifts sent in the order, if any, without having been used, accompanied by the duly completed return slip. 1. Request a return slip from the customer service 2. Complete the return slip 3. Attach the return slip to your package 4. Send your package to the following address: PANIER DES SENS INC. 9200 du Parc Avenue, Suite 302, Montreal, QC H2N 1Z4, Canada.

CUSTOMER SERVICE & TO CONTACT US

• by email: contactca@panierdessens.com • by phone: +1438-838-1101 (local call rate) from Monday to Friday from 9 am to 5 pm. • PANIER DES SENS INC. 9200 du Parc Avenue, Suite 302, Montreal, QC H2N 1Z4, Canada - transfer of risk the customer will bear the risks related to the goods upon receipt thereof. Also any loss and/or damage to the delivered goods occurring after delivery of the said goods will be payable by the customer.

LEGAL PRODUCT GUARANTEES

Seller liability guarantees the products provided by the seller benefit from:

- the legal guarantee of conformity for defective or damaged products or products which do not correspond to the order;

- the legal guarantee against hidden defects in the event of a hidden defect existing at the time of purchase and rendering the product unfit for its intended use.

Provisions relating to legal guarantees

Article l.217-4 of the French consumer code: the seller will deliver goods which comply with the contract and is liable for any compliance defects in existence at the time of delivery. The seller is also liable for any compliance defects resulting from the packaging, assembly or installation instructions whenever the seller is responsible for these under the contract or they have been performed under the seller's responsibility.

Article l.217-5 of the French consumer code: in order to comply with the contract:
1° the goods must be fit for the purpose usually expected of such goods and, where applicable: - correspond to the description provided by the seller and have with the qualities which the seller presented to the buyer in the form of a sample or model; - present the qualities which a buyer can legitimately expect given the public declarations made by the seller, by the producer or by their representative, in particular in advertising or on the labelling;
2°or present the characteristics jointly defined by the parties or be fit for any special purposes sought by the buyer, brought to the attention of the seller and accepted by them.

Article l.217-12 of the French consumer code: action resulting from compliance defect is limited to two years from the date the goods are delivered.

Article 1641 of the French civil code the seller is obliged to guarantee against hidden defects in the item sold which may render it unfit for the use for which it is intended, or which may diminish this use to the extent that the buyer would not have acquired it or would have paid a lower price if they had been aware of the defect.

Article 1648 paragraph 1 of the French civil code action resulting from hidden defects must be taken by the buyer within two years following the date the defect is discovered. In order to assert their rights, the customer must inform the seller, in writing (email or postal mail), of the non-compliance of the products or the existence of hidden defects as soon as they are discovered. The seller will reimburse or replace the products under guarantee which are found to be non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoice rate and return shipping costs will be reimbursed on presentation of supporting documents. Reimbursements or replacements of the products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 (thirty) days from the date the seller acknowledges the non-compliance or hidden defect. This reimbursement may be made by bank transfer or by bank cheque. The seller cannot be held liable in the following cases: - non-compliance with the legislation of the country in which the products are delivered, which the customer is responsible for checking, - in the event of misuse; use for professional purposes, negligence or lack of maintenance on the part of the customer, such as in the event of normal wear and tear of the product, accident or force majeure, - photos and illustrations presented on the site are not contractually-binding and the seller cannot be held liable. PANIER DES SENS INC. reminds its customers that PANIER DES SENS INC. products must be stored away from humidity, too high temperature or too much light and may be subject to an expiry date. Products which have not been stored under the aforementioned conditions will therefore be excluded from the guarantee. The seller's guarantee is in any case limited to the replacement or reimbursement of non-compliant products or products with defects.

PRIVACY AND PERSONAL DATA PROTECTION

our web server automatically recognizes the domain name (of the access provider) and, where possible, the email address of visitors to our site. We centralize domain names for statistical purposes. We use the data transmitted to improve the content of the pages of our site. PANIER DES SENS INC. collects and processes personal data concerning the customer and the recipient of the order (except credit card number) in computerized form for the sole purpose of order management.

Pursuant to the French data protection act of 6 January 1978, the customer benefits from a right to access, rectify and oppose their personal data which may be exercised by email sent to the following address: contactca@panierdessens.com or by postal mail to the following address: PANIER DES SENS INC. 9200 du Parc Avenue, Suite 302, Montreal, QC H2N 1Z4, Canada to improve the performance of the site and the use you make of it, PANIER DES SENS INC. and its authorized service providers may use audience measurement and browsing tracking tools (such as cookies, markers ("tags"), etc.). These tools do not allow you to be identified by name but record data relating to your browsing and can be used in particular as part of a special commercial offer program. We inform you that you can oppose the storage and/or use of these tools by changing your browser settings to this effect.

INTELLECTUAL PROPERTY

PANIER DES SENS INC. is the holder of all intellectual and industrial property rights relating to the Panier des Sens website and brand or holds the rights of use relating thereto. Access to the website hereof does not grant you any right to the intellectual property rights relating to the site, which remains the exclusive property of PANIER DES SENS INC. The general structure of the site, as well as the elements accessible on the site, in particular in the form of texts, photos, images whether animated or not, icons, maps, sounds, videos, software, database, data and all other elements composing the site are the exclusive property of PANIER DES SENS INC. You may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or use in any way whatsoever, all or part of the site without the prior written permission of PANIER DES SENS INC. You are informed that this proscription applies in particular, but not exclusively, to practices such as scrapping or the use of robots for the purpose of extracting or reproducing any element of the site, including the product offers presented therein, in particular for commercial purposes. You are not permitted to frame or use framing techniques to enclose any PANIER DES SENS INC. trademark, logo or other data (including images, texts, page layout or form) without its prior express written consent. You are not permitted to use meta tags or any other "hidden text" using the PANIER DES SENS INC. name or its trademarks without the prior express written consent of PANIER DES SENS INC. Any use of all or part of the site which has not been priorly authorized by PANIER DES SENS INC. for any reason whatsoever may lead to appropriate action being taken, in particular infringement proceedings. The insertion of hypertext links to any part of the site is prohibited without the prior written permission of PANIER DES SENS INC.

LIABILITY

The products proposed comply with French legislation in effect. PANIER DES SENS INC. cannot be held liable for the non-fulfilment of an order following a case of force majeure, a stockout or the temporary or permanent unavailability of a product. PANIER DES SENS INC. cannot be held liable for any damage which may result from purchasing the product. PANIER DES SENS INC. cannot be held liable for any loss of documents, data or files related to the use of its site. In the event of professional purchases, PANIER DES SENS INC. will not incur any liability for any indirect damages such as operating loss, profit loss, loss of opportunity, damage or costs. The publishing director may include links to other websites or other internet sources. Notwithstanding, as the publishing director is not the editor of these sites, they cannot check the content. Consequently, the publishing director can in no way be held liable for the content of the sites thus accessible, or for any collection and transmission of personal data, use of cookies or any other process for similar purposes, performed by these sites. PANIER DES SENS INC. cannot be held liable for any direct or indirect damage resulting or consequential to the dissemination of a virus by a third party via the https://ca.panierdessens.com site and likely to infect the computer system or the computer configuration of a computer following connection to this site, use of this site, browsing on this site, downloading all or part of the content from the site. Applicable law and settlement of disputes the language of this contract is French. Any dispute relating to the interpretation and performance of these general terms and conditions of sale is subject to French law. In the absence of amicable settlement, the dispute will be brought before the competent courts and, if the law permits, before the courts of the jurisdiction of Marseille.