TERMS OF SALES

These Terms and Conditions (hereinafter "Terms") apply to all purchases made by a user / person (hereinafter the "CUSTOMER") on the website www.frogavenue.com (hereinafter after the "SITE") to EPMI / FROGAVENUE Ltd. registered with the Trade and Companies Register under number RENNES 537 598 054, having its registered office at 8 quai Robinot de Saint Cyr, 35000 Rennes, FRANCE, France Tel: +33 (0) 6 86984019, email: customer@frogavenue.com (hereinafter "SELLER").

IMPORTANT

Any order placed on the WEBSITE necessarily involves the unconditional acceptance of the CUSTOMER of these terms of sale.

Article 1. Definitions

The following terms are used in these Terms and Conditions, the following meanings:

« CUSTOMER » means the contracting partner of the SELLER, which guarantees that the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that the CUSTOMER is beyond any usual or commercial activity.
« DELIVERY » means the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address when ordering.
« PRODUCTS » means all products available on the site.
« TERRITORY » means the Metropolitan FRANCE (except DOM / TOM).

Article 2. Purpose

These Terms and Conditions govern the sale by the SELLER of its CUSTOMERS PRODUCTS.

The CUSTOMER is clearly informed and acknowledges that the site targets consumers and professionals must contact the sales department of the SELLER to benefit from separate contractual conditions

Article 3. Acceptance of general conditions

The Customer agrees to carefully read these Terms and agree to before proceeding to payment of PRODUCTS order placed on the WEBSITE.

These Conditions are referenced at the bottom of each page of the site via a link and should be consulted before ordering. The CUSTOMER is invited to carefully read, download, print the Terms and retain a copy.

The SELLER advises the CUSTOMER to read the Terms and Conditions for each new order, the latest version of the said conditions applying to any new PRODUCT command.

By clicking on the first button to place the order and then the second to confirm said order, the CUSTOMER acknowledges having read, understood and agreed to the Terms without limitation or condition.

Article 4. Purchase of goods on the site

To buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if a minor, be able to justify the agreement of his legal representatives.

The CUSTOMER will be invited to provide information to identify it by filling out the form available on the site. The sign (*) indicates required fields that must be filled for the command to the CUSTOMER be processed by the SELLER. The CUSTOMER can check on the SITE status of his order. Track deliveries may, where appropriate, be performed using the online monitoring tools of certain carriers. The CUSTOMER may also contact the sales department of the SELLER at any time by email, at customer@frogavenue.com to obtain information on the status of his order.

The information that the CUSTOMER provides to the SELLER at a command must be complete, accurate and current. The SELLER reserves the right to ask the CUSTOMER to confirm, by appropriate means, their identity, eligibility and information provided.

Article 5. Orders

5.1. Feature products

The SELLER endeavors to present as clearly as possible the main characteristics of PRODUCTS (on the information sheets available on the site) and mandatory information the CUSTOMER shall receive under the applicable law (in these Terms and Conditions).

The CUSTOMER agrees to read this information carefully before placing an order on the SITE.

The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, including the constraints related to its suppliers.

Unless otherwise expressly on the SITE PRODUCTS all sold by the SELLER are new and comply with European legislation and standards applicable in France.

5.2. Ordering process

PRODUCTS The commands are passed directly on the SITE. To place an order, the CUSTOMER must follow the steps below (please note, however, that depending on the CUSTOMER start page, the steps may differ slightly).

5.2.1. PRODUCTS selection and purchase options

CUSTOMER must select (s) PRODUCT (s) of his choice by clicking the (s) PRODUCT (s) concerned (s) and choosing the characteristics and quantities desired. After selecting PRODUCT PRODUCT is placed in the basket of the CUSTOMER. The latter can then add to the basket as much as he wants PRODUCTS.

5.2.2. Controls

After selecting PRODUCTS and placed in the basket, the CUSTOMER must click the basket and check that the content of the order is correct. If the CUSTOMER has not yet done, it will then be asked to identify themselves or to register.

Once the CUSTOMER has validated the contents of the basket and it will be recognized / registered, will appear to his attention an online form completed and automatically summarizing the price, applicable taxes and, where appropriate, the costs of delivery.

The Customer should check the contents of the order (including the amount, characteristics and references of the PRODUCTS ordered, billing address, payment method and price) before validating its content.

The Customer can then proceed to the payment of PRODUCTS by following the instructions on the site and provide all the information necessary for billing and to DELIVERY PRODUCTS. Regarding PRODUCTS for which options are available, these specific references appear when the right options have been selected. Orders must include all information necessary for the proper processing of the order.

CUSTOMER should also select the shipping method chosen.

5.2.3. Acknowledgment

Once all the steps above are completed, a page appears on the SITE to acknowledge receipt of the order of the CUSTOMER. A copy of the acknowledgment of the order is automatically sent to the CUSTOMER by e-mail, provided that the email address provided through the registration form is correct. .

The SELLER will not send order confirmation by post or fax.

5.2.4. Billing

During the ordering process, the Customer shall enter information necessary for billing (the sign (*) indicates required fields must be filled for the CUSTOMER's order is processed by the SELLER).

The CUSTOMER must state clearly all the information relating to ships, in particular the exact address of ships, as well as any access code to the DELIVERY address.

The CUSTOMER must then specify the chosen payment method.

Neither the purchase order that the Customer establishes online or acknowledgment of the command that sends the CUSTOMER SELLER email will constitute an invoice. Whatever the mode control or payment used, the CUSTOMER will receive the original invoice to the DELIVERY PRODUCTS, inside the package.

5.3. Date of the order

The order date is the date on which the SELLER acknowledges online ordering. The times indicated on the SITE begin to run from that date.

5.4. Price

For all PRODUCTS CUSTOMER find on the SITE prices in Euros including all taxes and applicable shipping costs (depending on package weight including packaging and gifts, DELIVERY and address of the carrier or transportation mode selected).

Especially prices include value added tax (VAT) at the rate in effect on the date of order. Any change in the applicable rate may impact the price of the GOODS after the effective date of the new rates.

The applicable VAT rate is expressed as a percentage of the value of sold PRODUCT.

SELLER suppliers prices are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in case of special offers or sales.

Prices are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.

5.5. Availability PRODUCTS

Depending PRODUCT concerned, the SELLER apply an inventory management "to lean". Therefore, as applicable, the availability of stocks depends PRODUCTS SELLER.

The SELLER agrees to fulfill orders received on condition that the PRODUCTS are available.

The unavailability of a PRODUCT is normally indicated on the page of the PRODUCT in question. CUSTOMERS may also be informed of a replenishment by the SELLER PRODUCT.

In any event, if the unavailability was not specified at the time of the order, the SELLER shall promptly inform the CUSTOMER if the PRODUCT is unavailable.

The SELLER may, at the request of the CUSTOMER :

Or propose to ship all PRODUCTS simultaneously as soon as the GOODS out of stock will be available again,

Either make a partial shipment of the PRODUCTS available at first, then shipping the rest of the order when others PRODUCTS will be available, subject to clear information for the additional transport costs which may be incurred,

Or propose an alternative PRODUCT equivalent quality and price, accepted by the CUSTOMER.

If the CUSTOMER decides to cancel his order unavailable PRODUCTS, it will get a refund of all monies paid for unavailable PRODUCTS later than thirty (30) days of payment.

Article 6. Right of withdrawal

The terms of the right of withdrawal are provided in the "Cancellation policy" policy available in Appendix 1 of these and accessible at the bottom of each page of the site via a hyperlink.

Article 7. Payment

7.1. Payment Methods

The CUSTOMER can pay its PRODUCTS posted on the site following the methods proposed by the SELLER.

The Customer warrants to SELLER he holds all the authorizations required to use the chosen method of payment.

The SELLER shall take all necessary measures to ensure the security and confidentiality of the data transmitted online through the online payment on the SITE.

It is for this reason specified that all payment information provided on the site are sent to the bank of the SITE and not treated on the SITE.

7.2. Payment date

If single payment by credit card, the account will be debited from the CUSTOMER PRODUCTS order placed on the WEBSITE.

In case of partial DELIVERY, the total amount will be debited from the account of the CUSTOMER at the earliest when the first package will be shipped. If the CUSTOMER decides to cancel the order for PRODUCTS unavailable, reimbursement shall be made according to the last paragraph of Article 5.5 of these Terms and Conditions.

7.3. Delay or non-payment

If the bank refuses to debit card or other payment method, the Customer must contact the Customer Service the SELLER to pay the order by any other valid means of payment.

In the event that, for any reason whatsoever, opposition, rejection or other transmission of the flow of money owed by the CUSTOMER is not feasible, the order will be canceled and the sale automatically terminate.

Article 8. Evidence and Archiving

Any contract with the CUSTOMER corresponding to an order of a higher amount to 120 euros TTC will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 134-2 of the Consumer Code.

The SELLER agrees to archive this information to monitor the transactions and produce a copy of the contract at the request of the CUSTOMER.

In case of dispute, the SELLER will have the possibility to prove that his electronic tracking system is reliable and that guarantees the integrity of the transaction.

Article 9. Transfer of ownership

The SELLER remains the owner of the PRODUCT delivered until full payment by the CUSTOMER.

The provisions above shall not prevent the transfer to the CUSTOMER at the time of receipt by him or a third party designated by him other than the carrier, the risk of loss or damage to the PRODUCTS being the reserve property, and the risks of damage they can cause.

Article 10. Delivery

PRODUCT DELIVERY of terms are provided in the "shipping policy" referred in Annex 2 hereof and accessible at the bottom of each page of the site via a hyperlink.

Article 11. Packaging

The PRODUCTS will be packaged in compliance with current transport standards, to ensure maximum protection for during PRODUCTS DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 'withdrawal policy.

Article 12. Guarantees

12.1. Guarantee of conformity

The SELLER must deliver a consistent PRODUCT that is to say, specific to the use expected of a similar good and matching the description given on the SITE. This compliance also requires the PRODUCT present the qualities that a buyer can reasonably expect given the public statements made by the SELLER, including in advertisements and on the labels

In this context, the SELLER is likely to respond conformity defects existing upon delivery and lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him or was carried out under his responsibility.

The action resulting from lack of conformity lapses two (2) years from the issuance of the PRODUCT.

In case of non-compliance, the CUSTOMER may request the repair or replacement of the PRODUCT, at its option. However, if the cost of the choice of the CUSTOMER is clearly disproportionate to the other viable option, given the value of the PRODUCT or of the importance of default, the SELLER may make repayment, without following the chosen option by the CUSTOMER.

In the event that replacement or repair would be impossible, the SELLER undertakes to return the price of the PRODUCT within 30 days of receipt of returned PRODUCT in exchange for returning the PRODUCT by the CUSTOMER at the following address 8 quai Robinot de Saint Cyr, 35000 Rennes, FRANCE.

Finally, the CUSTOMER is offered to prove the existence of the lack of conformity of the PRODUCT during the six (6) months after delivery of the goods.

It is stated that this legal guarantee of conformity is applicable irrespective of the commercial guarantee granted, if any, on PRODUCTS.

12.2. Guarantee hidden defects

The SELLER is obliged to guarantee against hidden defects of the PRODUCT sold which make it unsuitable for the intended use, or that decrease this use that the CUSTOMER would not have purchased or would have given a lower price if he had known.

This guarantee allows the CUSTOMER can prove the existence of a latent defect to choose between reimbursement of the price of the PRODUCT it is returned and a refund of part of the price, if the PRODUCT is not returned.

The action resulting from latent defects must be brought by the CUSTOMER within a period of two (2) years from discovery of the defect.

Article 13. Responsibility

The responsibility of the SELLER shall under no circumstances be held liable for non-performance or improper performance of contractual obligations due to the CUSTOMER, especially when entering the order.

The SELLER shall not be held liable or deemed to have breached these for any delay or failure when the cause of delay or non-performance is linked to a case of force majeure as defined by case law courses and French courts.

It is also specified that the SELLER does not control the websites that are directly or indirectly related to SITE. It therefore excludes all liability for information published there. The links to third party web sites are provided for information only and no warranty is given as to its content.

Article 14. Personal data

The SELLER collection on the SITE of personal data of its customers, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.

The data collected by the SELLER are used to process the orders placed on the site, manage the account of the CUSTOMER, analyze orders and, if the CUSTOMER has chosen this option, send her sales prospecting mails, newsletters, offers promotional and / or information about special sales, unless the CUSTOMER does not wish to receive such communications from the SELLER.

The data of the CUSTOMER are kept confidential by the SELLER in accordance with its declaration to the CNIL, for purposes of the contract, its execution and in compliance with the law.

CUSTOMERS may unsubscribe at any time by accessing their account by clicking the hyperlink for this purpose it down each offer received by email.

Data can be communicated in whole or in part, to service providers of the SELLER involved in the ordering process. For commercial purposes, the SELLER may transfer its business partners the names and details of its CUSTOMERS, provided that they have given their preliminary agreement during registration on the SITE.

The SELLER specifically asked to CUSTOMERS if they want their personal data to be disclosed. The CUSTOMER may change your mind at any time on the site or by contacting the SELLER.

The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations of its partners.

According to the law 78-17 of January 6, 1978 relating to data files and liberties, the CUSTOMER has the right to access, rectify, oppose (for legitimate reasons) and delete of personal data. He can exercise this right by sending an email at: customer@frogavenue.com either by writing to 8 quai Robinot de Saint Cyr, 35000 Rennes, FRANCE.

It is specified that the Customer must be able to prove his identity, either by scanning an ID, the SELLER or by sending a photocopy of his ID.

Article 15. Complaints

The SELLER shall provide the CUSTOMER a "Phone Call" at the following number: +33 (0) 6 86984019 (no premium rate number).

Any written claim of the CUSTOMER must be sent to the following address: 8 quai Robinot de Saint Cyr, 35000 Rennes, FRANCE.

Article 16. Intellectual property

All the visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark law and / or patents.

These elements are the exclusive property of the SELLER. Any person who publishes a website and want to create a hyperlink directly to the SITE must request permission from the SELLER in writing.

This authorization of the SELLER shall in no case be granted permanently. This link must be removed at the request of the SELLER. Hypertext links to the site using techniques such as framing (framing) or by inserting hyperlinks (inline linking) is strictly prohibited.

Article 17. Validity of Terms

Any change in the legislation or regulations in force, or decision of a competent court invalidating one or more provisions of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Such a change or decision does not in any way CUSTOMERS to disregard the present General Conditions.

All conditions not specifically addressed herein shall be governed in accordance with the use of the trade sector to individuals, for companies whose headquarters are located in France.

Article 18. Modification of Terms

These General Terms apply to all purchases made online on the site, as the site is available online.

The General Conditions are precisely dated and may be amended and updated by the SELLER at any time. The applicable Terms are those in force at the time of the order.

Changes to the Terms do not apply to previously purchased PRODUCTS.

Article 19. Jurisdiction and applicable law

These General Conditions and relations between the CUSTOMER and the SELLER shall be governed by French law.

In case of dispute, only the French courts will have jurisdiction.

However, before any recourse to arbitration or state judge, will be favored trading in a spirit of loyalty and good faith to reach an amicable agreement on the occurrence of any dispute relating to this contract, including on its validity.

The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If after a period of fifteen (15) days, the parties were unable to agree, the dispute shall be submitted to the competent court referred to below.

Throughout the negotiation process until its completion, the parties undertake not to exercise any legal action against each other and for the purpose of negotiating conflict. As an exception, the parties are allowed to enter the jurisdiction of the Court or request the making of an order on request. Possible action before the court hearing the application or implementation of a procedure query results by any of the parties to the Arrangement waiver clause amicable unless otherwise expressly desire.

ANNEX 1

RETURN POLICY

Cancellation Principle

The CUSTOMER has in principle the right to return or to return the PRODUCT to the SELLER or a person designated by the latter, without undue delay, and at the latest within fourteen (14) days of the communication of its decision to withdraw, unless the SELLER not offered to collect himself PRODUCT.

Withdrawal period

The withdrawal period shall expire fourteen (14) calendar days after the day the CUSTOMER or a third party other than the carrier and indicated by the CUSTOMER, physical possession of the PRODUCT.

In the event that the CUSTOMER would have ordered several PRODUCTS via a single command resulting in several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days after the day the Customer or a third party other than the carrier and indicated by the CUSTOMER, physical possession of the last PRODUCT delivered.

Notification of the withdrawal right

To exercise the right of withdrawal, the Customer must notify its decision to withdraw from this contract by an unequivocal statement to: 8 quai Robinot de Saint Cyr, 35000 Rennes, FRANCE or customer@frogavenue.com.

It can also use the form below:

RETURN FORM

For the attention of [*] (* Contact the SELLER)

SELLER telephone number *:

SELLER fax number *:

Email Address * SELLER:

I hereby notify you my withdrawal from the contract for the sale of the PRODUCT below:

PRODUCT Reference

No. of the invoice:

No. of the order:

- Ordered the [____________] / received [________________]

- Means of payment used:

- Name of the CUSTOMER and possibly the recipient of the order:

- CUSTOMER address:

- Delivery address :

- Signature of CUSTOMER (except in case of transmission by email)

- Date

In order for the withdrawal period is complied with, the CUSTOMER must send its communication on the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal

In case of withdrawal from the CUSTOMER, the SELLER shall refund all money paid including delivery charges without undue delay and in any event, no later than fourteen (14) days the day the SELLER is informed of the will of the CUSTOMER to retract.

The SELLER will refund using the same payment method that the CUSTOMER will be used for the initial transaction, unless the CUSTOMER expressly agrees a different way, in any event, such reimbursement does not incur any fees for the CUSTOMER.

The SELLER may withhold the reimbursement until receipt of the goods or until the CUSTOMER has provided a proof of the shipment, whichever is the earliest of these facts.

Return Policy

CUSTOMER must without undue delay and in any event, no later than fourteen (14) days of notifying his decision to withdraw from this contract, return the good, 8 quai Robinot de Saint Cyr, 35000 Rennes, FRANCE.

The deadline is met if the CUSTOMER returns well before the end of the fourteen day period.

Return fees

The CUSTOMER will have to bear the direct cost of returning the goods.

State of the returned property

PRODUCT must be returned following the instructions of the SELLER and in particular include all delivered accessories.

The responsibility of the CUSTOMER is engaged only in respect of the depreciation of property resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of this PRODUCT. In other words, the CUSTOMER has the ability to test the PRODUCT but his could be held liable if he performs manipulation other than those necessary.

Packing

The PRODUCTS are packaged in compliance with current transport standards, to ensure maximum protection for during PRODUCTS DELIVERY. The CUSTOMER must follow the same standards when returning PRODUCTS. As such the CUSTOMER is invited to return the PRODUCT does not suit him in its original packaging and in good condition, his own re-marketing.

Exclusion of right of withdrawal

The right of withdrawal is excluded in the following cases:

Provision of goods or services whose price depends on fluctuations in the financial market

Supply of goods made to specifications or clearly personalized CUSTOMER

Provision of goods liable to deteriorate or expire rapidly

Supply of audio or video recordings or sealed computer software which were unsealed after delivery

Newspaper, periodical, magazine (except subscription contract)

Provision of accommodation services other than residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a date or a dedicated implementation period

Supply of goods which by their nature are inseparably mixed with other items

Supplies sealed goods that can not be dismissed for reasons of health protection or hygiene that have been unsealed by the CUSTOMER after DELIVERY

the supply of alcoholic beverages, the price agreed at the time of conclusion of the sales contract, the delivery of which can only be carried out after 30 days and the actual value depends on fluctuations in the market beyond the control SELLER

Provision of digital content not supplied dematerialized if performance has begun with the express prior consent of the consumer, which also recognized the well will lose his right of withdrawal

contracts concluded at a public auction

ANNEX 2

DELIVERY POLICY

Delivery zone

The proposed PRODUCTS can only be delivered on the TERRITORY.

It is impossible to place an order for any delivery address located outside this TERRITORY.

The PRODUCTS are shipped (to) address (s) of delivery will be indicated by the CUSTOMER(s) during the ordering process.

Shipping Time

The time to prepare an order and issue the invoice before shipping PRODUCTS in stock are listed on the site. These times exclude weekends or holidays.

An email message will be automatically sent to the CUSTOMER at the time of shipment of the PRODUCTS, provided that the email address in the registration form is correct.

Shipping & Delivery cost

During the ordering process, the CUSTOMER SELLER indicates possible delays and shipping forms for purchased PRODUCTS.

The shipping costs are calculated according to the method of delivery. The amount of these costs will be due by the CUSTOMER and above the price of purchased PRODUCTS.

Details of Delivery times and costs are detailed on the SITE.

Terms of DELIVERY

The package will be delivered to the CUSTOMER against signature and upon presentation of identification.

In case of absence, a calling card will be left to the CUSTOMER in order to enable him to get his package in its post office.

Problems DELIVERY

The CUSTOMER is informed of the delivery date when he chooses the carrier, at the end of the online order process, before confirming the order.

It is specified that the deliveries will be made within thirty (30) days. Otherwise, the CUSTOMER must give notice to the SELLER to deliver within a reasonable time and in case of non delivery within such period, he may terminate the contract.

The SELLER shall reimburse, without undue delay after receipt of the letter of termination, the CUSTOMER the total amount paid for PRODUCTS, taxes and shipping included, using the same method of payment used by the CUSTOMER to buy products.

The SELLER is responsible to the delivery of the CUSTOMER PRODUCT. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier with partial damage or losses recognized upon delivery.