GTC

PREAMBLE

GENERAL CONDITIONS OF SALE AND USE OF THE SITE

Current version as of 04/17/2024

MYMS, a EURL with a capital of 30,001 Euros, registered with the Registre du Commerce et des Sociétés de PARIS under number 850 202 995, having its registered office at 19 RUE AUGUSTE CHABRIERES 75015 PARIS and operating under the trade name Monti Family (hereinafter referred to as the "Vendor") operates an online sales site for play and learning products (hereinafter referred to as the "Product(s)") accessible at the following address: https://www.monti-family.com/ (hereinafter the "Site") offered to all consumers, as defined by the French Consumer Code as any natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity (hereinafter the "Customer(s)"). The seller is also affiliated with an EPR eco-organization for toys "ECOMAISON" with the identification number FR313848_12AXQB.

The Seller can also be reached by e-mail at [email protected] and by phone: +33 9 74 99 49 17.

On this Site, references to "we", "us" and "our" are to the Seller. References to "you", "your" or "yours" are to the Customer.

ARTICLE 1. PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE SITE

The present terms and conditions apply to the use of the Site and/or to any purchase made via the Site (hereinafter the "Terms and Conditions of Use and Sale" or "CGUV").

ARTICLE 2. ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

Any order and/or purchase implies acceptance, without reservation, of the present CGUV.

The Customer may read these CGUV before any use and/or purchase on the Site.

Acceptance of the conditions applicable to his purchase will be materialized, at the time of finalization of the order, by the unreserved acceptance of the present CGUV, by ticking the box provided for this purpose.

It is expressly agreed that the use of the Site and/or the purchase of a Product on the Site implies full and entire acceptance of the present CGUV, to the exclusion of all other conditions emanating from the Vendor or the Customer, and in particular other general conditions of sale or purchase, contracts, invoices...

The CGUV come into force as from their publication on the Site on the date stipulated at the top of the present document. However, the Vendor remains free to modify them at any time, the version of the CGUV applicable being the version as of the date of use of the Site and/or the placing of the order. All new functionalities and tools added to the Site at a later date will also be governed by the present CGUV.

PREAMBLE

GENERAL CONDITIONS OF SALE AND USE OF THE SITE

Version in force on 27/01/2023

MYMS, a EURL with share capital of 30,001 Euros, registered with the PARIS Trade and Companies Registry under number 850 202 995, having its registered office at 19 RUE AUGUSTE CHABRIERES 75015 PARIS and operating under the trade name Monti Family (hereinafter the "Seller") operates an online sales site for play and learning products (hereinafter the "Product(s)") accessible at the following address: https://www.monti-family.com/ (hereinafter the "Site") offered to all consumers, as defined by the French Consumer Code as any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity (hereinafter the "Customer(s)"). The seller is also affiliated with an EPR eco-organization for toys, "ECOMAISON", with the identification number FR313848_12AXQB.

The Seller can also be reached by e-mail at [email protected] and by phone: +33 9 74 99 49 17.

On this Site, references to "we", "us" and "our" are to the Seller. References to "you", "your" or "yours" are to the Customer.

ARTICLE 1. PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE SITE

The present terms and conditions apply to the use of the Site and/or to any purchase made via the Site (hereinafter the "Terms and Conditions of Use and Sale" or "CGUV").

ARTICLE 2. ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

Any order and/or purchase implies acceptance, without reservation, of the present CGUV.

The Customer may read these CGUV before any use and/or purchase on the Site.

The fact that the Vendor does not take advantage, at a given moment, of any stipulation of the present CGUV cannot be interpreted as a renunciation to take advantage, at a later date, of the said or any other stipulation of the said CGUV.

ARTICLE 3: CONDITIONS OF USE OF THE SITE 3.1 Access to the Site

The Site is accessible free of charge from any location on a computer or cell phone.

Access to and use of the Site, which operates via remote access, require a connection to the "Internet" telecommunications network. The User must have an up-to-date Internet browser to enable optimal use of the Site.

This Internet access must be provided by a third-party telecommunications operator, the choice, cost and terms of access of which are the sole choice and responsibility of the Customer and its telecommunications provider.

The Site is hosted on Shopify Inc providing the e-commerce platform that allows us to sell our products and related services to you.

3.2 Use of the Site

In addition to the prohibitions set forth in the CGUV and the rules of propriety and courtesy expected online, you are prohibited from using the Site or its content or from publishing, sending or transmitting, by any means and in any form whatsoever:

a) for illegal purposes,
b) to incite third parties to carry out illegal acts or to take part in them
c) to violate any law, regulation or, more generally, any applicable regulation,
d) to infringe, reproduce or violate, by any means whatsoever and on any medium whatsoever

our intellectual property rights or those of third parties,
e) to harass, abuse, insult, injure, defame, slander, denigrate, intimidate, or

discriminate against anyone on the basis of gender, sexual orientation, religion or origin

race, age, national origin or disability,
f) to submit false or misleading information,
g) to upload or transmit viruses or any other type of malicious code that will be or

could be used in such a way as to compromise the functionality or operation of the

Service or any associated, independent or Internet website,
h) to collect or track the personal information of others,
i) to spam, phish, hijack a domain, extort information, browse,

explore or scan the web (or any other resource),
j) for obscene or immoral purposes; or
k) to undermine or circumvent our Site's security measures.

The Site reserves the right to suspend and/or cancel the access, use and/or account of any Customer who contravenes the aforementioned rules, in addition to taking legal action.

Although the Seller will use its best efforts to ensure the best possible access to the Site, your access to the Site may occasionally be suspended or limited to allow for repairs, maintenance, or the addition of a new feature or service. The Vendor will endeavour to limit the frequency and duration of any such suspension or limitation, subject to the limitations of the Internet.

3.3 Third-party intervention

Certain content and services available through our Site may include elements from third-party service providers.

Third party links on this Site may direct you to third party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant and/or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.

3.4 Customer account

Customers can create a customer account by clicking on the "Customer account" tab at the top right of the site page, then "Register".

To do so, he/she must provide the following mandatory information: first name, last name, e-mail address and a password.

To confirm the creation of a customer account, the customer must click on the "Create" tab.

Once a customer account has been created, the customer can connect to it by clicking on the "Connect" tab, then by entering his/her e-mail address and the password associated with the account, and clicking on "Connect".

The customer account enables the customer to consult his or her order history and to view and/or modify contact details and related information.

3.5 Site protection

While the Seller will use its best efforts to protect the Site, the Seller does not warrant that the Site is free of viruses, hacking, destructive or other harmful components, and does not warrant the infallibility of the Site, although the Seller will use its best efforts to provide such protection.

ARTICLE 4 - SALE OF PRODUCTS

By accepting these Terms and Conditions, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.

The prices of our products are subject to change without notice. The applicable price is the one displayed at the time the order is placed.

The purchase of a Product from the Site is made after the following successive steps have been completed:

4.1 Product selection

After visiting the Site and clicking on the "Our Products" tab at the top of the screen on the Site's home page, or after being redirected to this page by clicking on a specially provided link leading directly to the Site's "Our Products" page or to any specific Product, the Customer will choose the Product of his/her choice by clicking on its label.

The Customer must successively select the quantity of Product required and, depending on the Product(s), their model and the associated color.

The customer then clicks on the "Add to cart" tab and has the option of continuing with the purchase or, at any time, consulting the purchase by clicking on the "View my cart" tab or on the shopping cart logo at the top right of the Site page.

We have done our best to display as clearly as possible the colors and images of our products that appear on our Site. However, we cannot guarantee that the colors displayed on your computer screen will be accurate.

4.2 Order path

The Customer will then be redirected to the purchase summary page, indicating the Product(s) selected as well as the quantity, model, color and price of each Product. The Customer will then be able to check the Product(s) ordered.

To finalize the order, the customer must click on the "Proceed to payment" tab. The customer must then fill in the following information at the "Information" stage:

- Contact details: e-mail address,

On this occasion, the Customer may decide that the Vendor may keep his electronic contact details in order to send him offers by e-mail at a later date by ticking the " " box.

- Shipping address: The Customer must select the country of shipment, then enter the First Name, Last Name, address, postal code, city and telephone number, and optionally the company making the purchase and/or a supplementary postal address (apartment, suite, etc.).

On this occasion, the customer can create a customer account by checking the "Save my data for next time" box.

The customer must then click on "Continue to shipping".

Customers are reminded that they may modify this information before finalizing their order by clicking on the "Return to information" tab.

The customer can then choose the delivery method from among those proposed, and consult the delivery time and price. They must select the desired delivery method by clicking on the icon to the left of the desired delivery method.

Due to the nature of certain Products, only one delivery method may be offered to the Customer.

The Customer must then click on the "Continue to payment" tab.
The customer must then choose his payment methods and means by selecting :

- Cash payment by Visa, Mastercard or American Express credit card, specifying ; card number, expiry date and security code.

- Payment in two, three or four monthly instalments by credit card (Visa, Mastercard, CB or American Express) via the payment service provider ALMA, whose fees can be consulted at any time during the >Product selection and order process, as explained below.

OPTION

The Customer will then have the option of entering a billing address different from the above-mentioned delivery address by filling in the fields provided for this purpose. The Customer will then have to select his country of dispatch and enter his First Name, Last Name, address, zip code, town and telephone number and, optionally, the company making the purchase and/or an additional postal address (apartment, suite...).

To finalize the order, the Customer must click on the "Pay Now" tab.

4.3 Conclusion of sales contract

Once the order process has been completed, the Customer will receive confirmation of his order by e-mail, together with the invoice and the applicable CGUV, issued on a durable medium.

The customer can consult his order documents and track the progress of his order by going to his customer account.

4.4 Prices and payment terms

Products are invoiced on the basis of the prices and currencies indicated in the offer on the Site at the time the order is placed. The prices indicated are the final prices, stipulated in euros and including value-added tax (prices including VAT).

Throughout the order process, the customer can enter the code for a gift card and/or promotional code by entering the associated reference in the "Gift card or promotional code" tab on the right-hand side of the site, then clicking on "Apply". The price of the order will then be reduced by the value of the gift card and/or promotional code used.

The Vendor offers its customers the option of paying in two, three or four monthly instalments by using the service provider ALMA, whose conditions and fees are available for consultation at any time during product selection, the order process and at the following link: [link].

4.6 Delivery

Delivery times can be consulted at any time during the selection of the Product(s) and during the order process.

Depending on the Products, delivery charges and delivery methods may vary. In any case, delivery charges and terms are available for consultation prior to placing an order, and for certain Products, the Customer may select the shipping method of his choice.

Additional information can be found at the following link: [link].

4.7 Information provided by the Customer

The Vendor cannot be held responsible for any error made by the Customer as to the delivery address given when placing an order: in the event of an error on your part as to the address given, you will be liable for delivery charges and related costs.

These costs will also be charged to you if you are absent at the time of delivery and/or if you do not collect the parcel in time and have to return it to our warehouse.

The Customer must provide up-to-date, complete and accurate order and account information for all orders placed on the Site. To this end, the Customer must have filled in said information, or have updated it, during order completion or within his/her customer account.

ARTICLE 5 - WITHDRAWAL POLICY

The principle of withdrawal

Pursuant to Articles L. 221-18 et seq. of the French Consumer Code, the CLIENT has the right to withdraw from the purchase by returning the Product to the Vendor or to a person designated by the Vendor, against reimbursement, within fourteen (14) days of receipt of the goods by the CLIENT or a third party designated by the CLIENT.

If the aforementioned period expires on a Saturday, Sunday, public holiday or non-working day, it will be extended to the next working day.

If the order covers several products which are taken delivery of by the Customer or any third party designated by the latter, on different dates, the above-mentioned withdrawal period shall run individually for each of the products.

Exercising the right of withdrawal

To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous statement expressing his wish to withdraw to :

- Monti family, 19 RUE AUGUSTE CHABRIERES 75015 PARISor - [email protected].

Alternatively, he/she may use the form provided in the Appendix to these GCS and send it to the above-mentioned address:

Return policy

The Customer shall, without undue delay and no later than fourteen (14) days following the date on which he expressed his decision to withdraw, return the Product to: Monti family, at 19 RUE AUGUSTE CHABRIERES 75015 PARIS

This period is deemed to have been respected if the CLIENT returns the goods before the fourteen-day period has expired.

Return shipping costs

The CLIENT shall bear the direct cost of returning the goods.

Condition of returned goods

The Product must be returned in accordance with the Vendor's instructions and include all accessories supplied. However, the Customer is expressly informed that the Vendor may reduce the price of the Product refund if the Product shows any deterioration, degradation or depreciation of any kind other than that which was necessary and legitimately foreseeable when the Customer examined the Product to establish its nature, characteristics and good condition.

operation. Any reduction in the amount of the refund will be justified by the Vendor to the Customer.

In other words, the CLIENT may test the PRODUCT, but may be held liable and the amount of the refund reduced if he/she carries out manipulations other than those required.

Packaging

Products are packaged in accordance with current transport standards, in order to guarantee maximum protection during delivery.

To this end, the Customer must return the Product, subject to the right of withdrawal, in its original packaging and in good condition.

It is reminded that the Customer is held responsible for any damage that may occur during the return of the Product to the Vendor, until it has been properly received by the Vendor.

Effects of withdrawal

In the event of retraction by the Customer, the Vendor undertakes to reimburse all sums paid, including standard delivery charges, without undue delay and, at the latest, within fourteen (14) days from the date on which the Vendor physically recovers the Product which is the subject of the retraction [

The Vendor will make the refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means and this refund will not incur any costs for the Customer.

ARTICLE 6 - USER COMMENTS, SUGGESTIONS AND OTHER PROPOSALS

If, at our request, you submit specific content (for example, to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments you send to us. We are not and shall not be held liable

(1) maintain the confidentiality of comments;
(2) pay compensation to anyone for any comments provided; (3) respond to comments.

ARTICLE 7 - PERSONAL DATA

The Seller undertakes to collect and process the personal data of its Customers in compliance with the regulations in force, namely the "Informatique et Libertés" law of January 6, 1978 as amended by the law of June 20, 2018 on the protection of personal data , the Data Protection Directive 95/46/EC and any associated regulations or instruments, as well as any other laws, regulations, regulatory requirements and codes of conduct applicable to data protection or any other legislation, regulations, rules and codes of conduct that transpose or replace the foregoing, including Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of data,

or any applicable regulations that may subsequently supplement or replace them.

The submission of your personal information on our Site is governed by our Privacy Policy which can be viewed at the following link https://monti-family.com/pages/confidentialitmonti

The personal information collected on the form when placing your order (Name, First name, Address, Email and Telephone number), are only recorded in order to deliver the product, or to contact you again for promotional offers.

Monti Family will use its best endeavors to process requests relating to Users' personal data. In the event of a security breach on the Site or loss of personal data relating to Users, Monti Family will inform them by e-mail in accordance with the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security. Users also have the right to lodge a complaint with the national supervisory authority, the CNIL. For more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.

9.2 MONTI FAMILY may use cookies on the Site. This is an automatic tracking process which records information relating to browsing on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site. The User may object to this and/or delete it by following the procedure indicated on his/her browser. As such, MONTI FAMILY collects the express consent of Users regarding the use of these cookies and uses them in accordance with legal provisions, including in particular the General Regulation on the Protection of Personal Data. MONTI FAMILY uses these cookies solely to establish connection statistics and the browsing history of Users.

ARTICLE 8 - LEGAL AND COMMERCIAL WARRANTIES 8.1 Legal warranties
8.1.1 Legal warranty of conformity

It is reminded that within the framework of the legal guarantee of conformity, the consumer customer :

- benefits from a legal warranty period of :

o two (2) years from delivery of the Product, subject to raising the claim within 5 years of discovery or knowledge of the defect;

may choose between repairing or replacing the Product, subject to the cost conditions stipulated in article L.217-12 of the French Consumer Code. Failing this, if the repair or exchange is impossible or has not been carried out within one month of its acceptance, the Vendor will refund the price of the Product.
is exempt from proving the existence of the Product's lack of conformity during :

o for a period of two (2) years from the date of delivery of the Product or of the goods containing a digital component. For goods purchased second-hand or reconditioned, this period is 12 months (from the 13th month, the consumer customer must prove that the defect existed at the time of delivery of the Product).

In the case of a lack of conformity affecting the digital element, the consumer is exempted from having to provide proof of this defect for the period stipulated in the contract in the event of continuous supply of the digital element for a period of more than two (2) years.

Repair of the Product under the legal warranty of conformity will result in a 6-month extension of the said warranty.

When the Product is exchanged under the legal warranty of conformity due to the impossibility for the Seller to repair it within a period of one month following the request made by the consumer Customer, the legal warranty of conformity of the replacement Product is then renewed for a period of 2 years.

In order to invoke the legal guarantee of conformity, products must be returned to the Vendor in the condition in which the Customer received them, together with all their component parts, including accessories and assembly instructions.... Products returned by post must be packaged in such a way as to enable them to be transported in good condition. In this case, the cost of returning the product will be reimbursed on the basis of the invoiced rate and on presentation of supporting documents.

The legal warranty of conformity applies independently of any commercial warranty that may cover your goods.

8.1.2 Legal warranty against hidden defects

Consumers are reminded that they may decide to invoke the warranty against hidden defects in the item sold under article 1641 of the French Civil Code, in which case they may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

The Vendor is also bound by the legal warranty for hidden defects, pursuant to articles 1641 et seq. of the French Civil Code, which may be invoked by the Customer within two (2) years of discovery of the defect.

The customer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded.

ARTICLE 9 - DIVISIBILITY

In the event that any provision of these GTC should be held to be illegal, invalid or unenforceable, only that provision shall survive. In any event, the remaining provisions of the GTCS shall remain in full force and effect, such dissociation in no way affecting the validity and enforceability of all other remaining provisions.

ARTICLE 11. DO NOT CALL LIST

Pursuant to article L.223-1 of the French Consumer Code, the User is reminded that if, outside the relationship with the Company and the Opticians, he or she does not wish to be the subject of commercial prospecting by telephone, he or she may, free of charge, register on the telephone canvassing opposition list with the Bloctel service (https://www.bloctel.gouv.fr).

ARTICLE 12. MEDIATION

The Customer, qualified as a consumer according to the definition of the articleliminaire of the Code de la Consommation, may refer to a mediator for any difficulty, dispute or litigation he may wish to raise against the Vendor concerning the Site, the purchase of any Product, the present CGUV or any dispute he may raise against the Vendor.

The mediator's mission is to attempt, independently and impartially, to bring the parties together in order to reach an amicable solution.

The Customer may contact the mediator at the following address on the site :

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

=(F13-W13)/W13
However, the customer remains free to accept or refuse mediation and to bring the matter before the competent courts.

Customers are also informed that they can use the European Online Dispute Resolution (ODR) platform to settle their disputes: www.ec.europa.eu/consumers/odr/

ARTICLE 13 - LANGUAGE - APPLICABLE LAW

The present CGUV are written in French. Any translation made, communicated or made available to the Customer, in any form and by any means whatsoever, will only have an indicative value, the French version alone being authoritative.

These CGUV, as well as any separate agreement through which we provide you with Services, shall be governed by and construed in accordance with the laws and regulations in force in France.

ARTICLE 14 - COMPETENT COURT

In the absence of an amicable settlement, any dispute shall be submitted, at the option of the consumer customer, to the court of his/her residence, the place where he/she resided at the time the sales contract was concluded, or the place where the harmful event occurred, depending on the nature of the dispute.

---------------------------------------------------

APPENDIX - WITHDRAWAL FORM

For the attention of MONTI FAMILY

V endeur's e-mail address : [email protected] Seller's postal address: Monti family, 19 RUE AUGUSTE CHABRIERES 75015 PARIS
I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below:

PRODUCT number: [______________________]
Invoice no.: [___________________]
Ordered on [____________] / received on [________________]
Payment method used: [____________________]
Name of customer and, if applicable, order beneficiary: [____________________]
CUSTOMER address: [_______________________]
Delivery address: [_________________________]
Signature of CLIENT (except for e-mail transmission)
Date:[___/___/___]

---------------------------------------------------
In order for the withdrawal period to be respected, the Customer must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period of fourteen (14) days from receipt of the Product.
Any retraction sent by the Customer via the Vendor's electronic contact details will be confirmed by an acknowledgement of receipt sent by the Vendor in response, by electronic means and on a durable medium.