General terms and conditions of use and sale of the go-starpeace.com website

Article I. PREAMBLE

STARPEACE (hereinafter referred to as "STARPEACE"), a simplified joint stock company with a capital of €2,000.00, having its registered office at 23 allée des merisiers, 77166 EVRY-GREGNY-SUR-YERRES, registered in the MELUN Trade and Companies Register under number 898 577 036, offers for Sale (as this term is further described below) books (hereinafter referred to as the "Products") to private individuals (the latter being referred to as the "Purchasers").

STARPEACE publishes a website available at go-starpeace.com (hereinafter referred to as the "Website", as this term will be further described hereinafter), allowing the purchase of Products online.

These general terms and conditions of use and sale (hereinafter referred to as "CGUV") are intended to define the conditions of use of the Site by users of the Site (hereinafter referred to as "Users") and the conditions of Sale of Products, and apply, without restriction or reservation, to the use of the Site before as well as after the conclusion of any Sales whatsoever.

Any visit to the Site by a User, and any Order placed (as this term will be further described below), necessarily implies acceptance of the CGUV, of which the User receives, at the time of any Order, after validation, a copy which he may keep.

Contacts :

E-mail address: contact@go-starpeace.com
The publication director and editor is Mr Bastien PENNO, who can be reached at the following e-mail address: contact@go-starpeace.com
Hosted by: Google LLC
1600 Amphitheatre Parkway
Mountain View, CA 94043
USA
Tel: +1 650 253 0000
Fax: +1 650 253 0001

Article II. DEFINITIONS

Each of the terms mentioned below shall have the meaning given in its definition, namely :

Buyer(s): refers to any natural person having the capacity to enter into a contract, i.e. having reached the legal age of majority in his/her country and not being protected within the meaning of article 488 of the French Civil Code and/or article concerning the capacity of persons in force in his/her country, and wishing to purchase one or more Products privately as part of his/her personal activity;

Order: refers to the process by which the User orders a Product on the Site, which will be delivered to him/her at the end of the Sales process;

Content: refers to all textual and graphic content present on the Site or making it up, including, but not limited to, the Site's structure and pages, editorial content, texts, videos, animations, sections, drawings, illustrations and images;

Contract: refers to all the contractual documents listed in the article "Opposability of the CGUV" below.

Data: refers to all information, textual or otherwise, intended to be published on the Site and supplied by the User, where applicable.

Personal data: means any information relating to an identified or identifiable natural person (data subject), directly or indirectly, by reference to an identification number or to one or more factors specific to that person.

Hosting: refers to the storage and processing of Content and Data enabling their accessibility via the Site;

Party or Parties: means, depending on the context, individually or collectively, the User or the Buyer and/or STARPEACE ;

Price: means the Price offered by STARPEACE for the Sale of a Product;

Products: shall designate all Products offered for Sale on the Site;

Service(s): means all services and certain individual services offered to each User by STARPEACE via the Website, and more particularly the possibility offered to the User to access the Website, to choose online the Product(s) he wishes to order, as well as the possibility to make the payment of the online Sale.

Site: refers to the online web site available at go-starpeace.com or any other address that may be substituted;

User: refers to any consumer who uses the Site.

Article III. PURPOSE OF THE CVG

The purpose of these terms and conditions is to define :

 The conditions of use of the Website by Users in connection with the provision of and access to the Services offered by STARPEACE;

 The conditions of Sale on the Site, the Ordering process and the terms of payment.

The present CGUV express the entirety of the obligations of the parties. In this sense, the Buyer is deemed to accept them without reservation.

The Seller and the Buyer agree that the present CGUV shall exclusively govern their relationship. The Seller reserves the right to modify its terms and conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale is missing, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

Article IV. TERMS AND CONDITIONS OF CGUV APPLICATION

4.01 Pre-contractual information

Prior to placing an order and entering into a Contract, the purchaser acknowledges having been informed, in a legible and comprehensible manner, of the present terms and conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.

The following information is provided to the Buyer in a clear and comprehensible manner:

- The essential characteristics of the Product ;

- The price of the product and/or the method of calculating the price;

- If applicable, any additional freight, delivery or postage charges and any other charges due;

- In the absence of immediate performance of the Contract, the date or time by which the seller undertakes to deliver the goods, whatever their price;

- Information relating to the seller's identity, postal, telephone and electronic contact details and activities, legal warranties, digital content functionalities and, where applicable, interoperability, the existence and implementation of warranties and other contractual conditions.

4.02 Scope of application of the CGUV

These terms and conditions are written in French. In particular, they set out the various steps required to place an Order for the purchase of Products, the terms of payment and the use of certain Services by the User.

STARPEACE is in no way responsible for the commercial practices implemented on other sites or companies to which the User may have access from the Site via hypertext links, logos, buttons, etc., located on the Site. It is the User's responsibility to refer to the general terms and conditions of said sites or companies before contracting with these services.

4.03 Enforceability of the CGUV

The contractual documents opposable to the Parties, to the exclusion of all other documents, prospectuses, catalogs or photographs which have only an indicative value, which prevail over any possible conditions of purchase of the Buyer are the following, in decreasing order of priority:

- The present CGUV and any appendices ;

- This includes, in particular, the Charter relating to the protection of Personal Data submitted to the present CGUV and validated concomitantly with the present.

The CGUV are deemed to have been read and accepted by the User prior to the placing of his Order and the conclusion of the Contract, at the time of validation of the Sale on the Site.

The User must tick the appropriate box before placing any Order to confirm his acceptance.

These GCUV replace any previous agreement or contractual document that may bind STARPEACE and the User.

The User declares that he/she has read the present CGUV in their entirety and accepts the obligations to which he/she is bound. In the absence of such acceptance, the User will not be able to access his or her Account and continue with his or her purchases.

The User may keep a copy by printing the present CGUV, which will also be available at all times at go-starpeace.com.

4.04 Modification of the CGUV

STARPEACE reserves the right to modify the GTCUV from time to time, according to the evolution of the Website, of the Services offered, and of the legislation, at its sole discretion.

Use of the Site and Services is always subject to the most recent version of the CGUV posted on the Site and accessible to the User at the time of such use.

It is the User's responsibility to consult the CGUV as often as necessary. In any event, any significant modification will be notified by e-mail to the User at least thirty (30) days before its effective application.

If, however, the User wishes to terminate this Contract following notification, he may do so at any time.

STARPEACE may also make changes and improvements to the editorial content at any time. All such changes and improvements shall benefit the User. All such guidelines or rules shall be deemed incorporated by reference into the GTCUV.

Date of publication of these CGUV: 10/12/2021

CGUV update date: 10/12/2021

Article V. CONDITIONS OF USE AND TERMS OF ACCESS TO THE SITE

5.01 Terms and conditions of access to the Site

The User is personally responsible for setting up the IT and telecommunications resources required to access the Site.

In this respect, it is the User's responsibility to protect its technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion for which STARPEACE cannot be held responsible.

The User remains solely responsible for the installation, operation and maintenance of the technical equipment required to access the Site's Services.

In no event shall STARPEACE be liable if the functionalities offered are incompatible or malfunction with any of the User's software, configurations, operating systems or equipment.

In addition, the User is responsible for all telecommunications costs associated with Internet access and the duration of use of the Site.

To benefit from the Services, the User must be a natural person.

Any use of the Site therefore implies that it is made by a natural person, in his or her own name, having the capacity to contract, i.e. being at least eighteen (18) years old and/or having reached the legal majority in force in his or her country and not being protected within the meaning of article 488 of the French Civil Code.

The User undertakes to provide only accurate, current and complete information, the accuracy, sincerity and reliability of which he guarantees at all times, and to update said information in order to maintain its accuracy, relevance and completeness.

STARPEACE reserves the right to suspend access to the Services if any information provided during the Order process or thereafter proves to be inaccurate, outdated or incomplete.

The User undertakes not to use a pseudonym that could undermine public order or infringe the rights of third parties (in particular, the use of surnames, titles or works protected by copyright or related rights, trademarks or company names).

5.02 Obligations of the Parties

(a) General obligation to cooperate and provide information

Each Party undertakes to communicate to the other Party all useful information and warnings concerning risks of any kind likely to affect the Services.

Within the framework of the execution of the present CGUV or of an amendment, each Party undertakes to collaborate actively and regularly with the other Party, and any third party that may be designated by one of the Parties.

In this respect, the Parties will provide each other within a reasonable time with all documents or elements necessary for the execution of the CGUV which are requested in writing by one of the Parties or any designated third party.

(b) Warranties and obligations of STARPEACE

(i) Warranties and general obligations under the Services

STARPEACE undertakes to implement the technical and human means necessary for the availability of the Services they provide. As such, STARPEACE is only bound to an obligation of means, limited to the framework of the present.

In case of difficulty, the User may inform STARPEACE by e-mail to the following address: contact@go-starpeace.com

STARPEACE undertakes to take all reasonable care to limit the risks associated with a breach of security of the Service (intrusions, hacking, viruses). Insofar as the Internet is an open network, and therefore sensitive to a certain number of risks, STARPEACE cannot guarantee unlimited access and availability of the Service. The User accepts these risks.

STARPEACE undertakes to implement the necessary measures and means to preserve the integrity and availability of the Data that are uploaded by the User on the Website.

However, STARPEACE reserves the right to suspend access to the Website if, in its opinion, an event likely to affect the operation or integrity of the Services so requires or in the event of force majeure as provided herein.

The suspension is valid for the time required for the planned intervention.

In case of a scheduled intervention, STARPEACE undertakes to inform the User as soon as possible by any means at its convenience, as soon as they are aware of the dates of such intervention.

It is expressly agreed between the Parties that a suspension inherent to an intervention, whether scheduled or not, can in no way engage the responsibility of STARPEACE and does not entitle to any compensation.

(ii) Specific warranties and obligations in respect of Data Hosting provided by the User

STARPEACE complies with the legal provisions mentioned in article 6 of Law 2004-575 of June 21, 2004 on confidence in the digital economy.

Thus, STARPEACE User, although solely responsible for the content of his message recorded and stored on the Site formally undertakes to :

- Do not engage in any act, comment or behavior that is punishable by law,

- Not to use the Site for illegal purposes or activities, or in any way prejudicial to third parties,

- To ban all illicit content, i.e. apology for crimes against humanity, incitement to commit acts of terrorism and their apology, incitement to racial hatred, hatred against persons on the grounds of their sex, sexual orientation or identity, or disability, as well as child pornography, incitement to violence, in particular incitement to sexual and gender-based violence, and offenses against human dignity.

STARPEACE has no a priori control over the Data provided by the User, and undertakes to host them, subject only to compliance with public policy.

Consequently, STARPEACE reserves the right to proceed to the prompt partial or total withdrawal of access to any illicit Data upon receipt of an alert by an Internet user or by another User, in application of article 6-1-5 of the Law for Confidence in the Digital Economy of June 21, 2004 (LCEN).

In the event of a partial or total withdrawal caused by the justified complaint of an Internet user or another User, STARPEACE shall inform the User of the subject of such complaint and the reasons for the partial or total withdrawal prior to the effective withdrawal, as soon as possible.

The User undertakes to use the Services provided by STARPEACE in accordance with their intended purpose.

The User shall refrain from any action that could damage the image of the Website, STARPEACE, and/or the distinctive signs belonging to it.

The User undertakes not to seek to undermine, within the meaning of Articles L.323-1 et seq. of the French Penal Code, the automated data processing systems implemented for the purposes of the Site.

STARPEACE reserves the right to refuse any Order for legitimate reasons and, in particular, in case of :

- Abnormal or abusive claims ;

- Existing dispute(s) with the User ;

- Fraud or attempted fraud relating to the use of the Site ;

- Payment incident in connection with a previous Order.

Where necessary, the User acknowledges that the right to use the Services is personal to each User. The User undertakes to make normal use of the Services and to show courtesy in exchanges by telephone and by any other means.

In any event, STARPEACE reserves the right to monitor Users' compliance with the GTCUV at any time and to terminate the authorization to use the Services offered therein in the event of non-compliance with any of the provisions of these GTCUV.

5.03 Responsibility of the Parties

(a) Liability of STARPEACE

STARPEACE shall be liable, on a best effort basis, for any breach of its obligations hereunder.

STARPEACE, in its capacity as technical service provider within the meaning of the Law for Confidence in the Digital Economy of June 21, 2004 (LCEN), in particular in its capacity as Host of the Data appearing on the Website and provided by the User, may only be held liable on the basis of Article 6-1-5 of the said law.

STARPEACE shall not be liable in case of use of the Services not in accordance with the provisions of these GCUV or in case of errors, failures or delays originating in a fault or failure of the User.

In any event, STARPEACE shall in no event be liable for any indirect and/or related damages, such as, but not limited to, business interruption and other commercial, image or moral damages, arising out of or in connection with this Agreement.

In order to avoid any late claim, and in particular to allow STARPEACE to preserve evidence, the User shall notify STARPEACE that it intends to enforce its liability.

This notification shall, under penalty of foreclosure, indicate precisely the errors, failures or delays observed and shall be sent no later than 15 days following the occurrence of the event likely to engage the liability of STARPEACE.

STARPEACE shall not be liable for any third party actions or claims as provided for herein.

Advertisements may be displayed on the Site. These may come from external sources (third-party affiliation management platforms, Google® ads, etc.) or be managed by STARPEACE's advertising network. In this case, STARPEACE cannot be held responsible for the "misleading or aggressive" character of advertisements coming from external sources.

With regard to advertising managed by STARPEACE, STARPEACE undertakes not to disseminate advertising that is manifestly misleading within the meaning of articles 121-1 et seq. of the French Consumer Code.

The links present on the Site (direct links, permalinks, partner links, etc.) redirect the User to sites whose content is under the responsibility of the publishers of said sites. In no event shall STARPEACE be liable for the content of such sites. In this respect, the User undertakes, when he is aware of it and when he can, to inform STARPEACE of any content that may appear illicit on the sites to which links have been set up.

(b) Responsibility of the User

The User shall be liable for any breach of his obligations under these terms and conditions.

The User is responsible for complying with the applicable regulations relating to the Data he or she places online on the Site.

User agrees to indemnify STARPEACE in the event of any claim, demand or award of damages against STARPEACE as a result of User's breach of these provisions.

The User indemnifies STARPEACE against any claim, demand or demand of third parties that would invoke a violation of their rights as a result of the use of the Services made by the User or as a result of measures taken by STARPEACE to put an end to the violation of the rights of third parties invoked by the victim.

5.04 Right of withdrawal

In accordance with current legislation, the User who has subscribed to an Account, when acting as a consumer, has a period of fourteen (14) calendar days to exercise his right of withdrawal without having to justify his decision or pay any penalties.

This period runs from the date of actual subscription to the Services. However, as the present Contract relates to the supply of Services performed either in part or in full before the expiry of the said period, the consumer may, insofar as he has been informed of this option, waive this right. BY VALIDATING THE PRESENT CGV, THE CONSUMER EXPRESSLY DECLARES THAT HE/SHE IS AWARE OF THIS RIGHT AND EXPRESSLY WAIVES IT.

In this respect, STARPEACE shall keep all means of proof allowing to establish the explicit request of the User to waive the right of withdrawal such as, in particular, check boxes, SMS and/or e-mails which establish his express consent on a durable dematerialized medium in accordance with the article PROOF AGREEMENT.

Article VI. CONDITIONS OF SALE

6.01 Description of offers on the Site

STARPEACE proposes on its Site various offers of Products in particular:

Sales of children's books, coloring books, educational books, artbooks, plush toys, card games, board games, textiles, merchandising;
Any other Product and/or Service that may be added, as presented on the Site.

Available Products are listed on the go-starpeace.com website, while stocks last.

STARPEACE endeavors to provide information on the Site that is as accurate as possible, for information purposes only. However, STARPEACE shall not be held liable for any omissions, inaccuracies or failure to update information, whether caused by STARPEACE or by third-party partners supplying such information.

The photographic representations illustrating the Products on the Site are as accurate as possible. However, given the digital presentation of the Services on the Internet, it is possible that the User's perception may not correspond exactly to the Product itself.

In particular, photographic representations involving physical models are only intended to inform the User about the type of Product chosen. Under no circumstances may any photograph constitute a contractual document.

6.02 Product availability

Product offers are valid while stocks last.

In case of stock shortage, STARPEACE will inform the Buyer on the Website. The Buyer will be able to select the out-of-stock Product at the time of his Order and will be delivered as soon as the restocking is effective.

6.03 Ordering

The Buyer may place an Order online, from the online catalog and using the form provided therein, for any Product, while stocks last.

The buyer will be informed of any unavailability of the product or good ordered.

All Orders placed on the Site are subject to the Buyer's acceptance of the present CGUV, evidenced by a box to be ticked at the time the Order is placed.

For the Buyer to order the Products offered by STARPEACE on the Site, several steps are necessary:

Step 1 - The basket :

The Buyer :

- Select the Product(s) of your choice,

- Add to basket,

- Check the contents of your basket,

- Make any changes you wish (add Product(s), delete or change the number of Product units);

- Validates the CGUV after reading them and proceeds to the next step.

Step 2 - Identification :

The Buyer must follow the instructions and enter the requested information in order to proceed to the next step, including :

o Buyer's name ;

o Buyer's first name ;

o Address ;

o Delivery address (if different) ;

o E-mail address ;

o Telephone number.

Stage 3 - Delivery

If the Buyer wishes delivery to be made to his/her personal address, he/she must enter his/her delivery instructions (delivery address, additional instructions: telephone number, door number, digicode, floor number and any other information required for delivery).

Step 4 - Payment

At this stage, the Buyer receives a full receipt containing all the details of the Order, i.e. the references of the Products selected, quantities, Price and any delivery charges.

At this stage, they will be asked to enter any promotional code (price reduction, free shipping, etc.) they may have.

Finally, the Purchaser selects a payment method from the options offered and clicks on "Complete my order". Depending on the payment method chosen, he/she will be redirected to a secure payment page, or will proceed directly to the next step, "Order Confirmation". For details of accepted payment methods, please refer to the "FINANCIAL CONDITIONS" section of this document.

Step 5 - Order Confirmation

At this stage, the Order is placed and the Buyer receives a confirmation thereof by e-mail, at the e-mail address he has communicated to STARPEACE.

The dematerialized Sales Contract is deemed concluded upon receipt of the confirmation e-mail in the case of payment by online credit card, or by Paypal. If the Buyer has chosen another means of payment, the Sale shall be deemed concluded upon receipt of the actual payment by STARPEACE's collection services.

Any Order implies acceptance of the Prices and the description of the Products available for sale.

Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, such as non-payment, incorrect address or other problems with the Buyer's account, the Seller reserves the right to block the Buyer's Order until the problem has been resolved.

6.04 Financial terms and conditions

(a) The Price

Prices shown on the Site are inclusive of VAT in Euros and include French VAT applicable on the date of the Order (excluding delivery charges). Any change in the VAT rate may be reflected in the price of the Products.

The prices displayed do not include the costs of processing, shipping, transport and delivery, which are, where applicable, invoiced in addition, under the conditions indicated on the Site and/or in the reminder of the Order conditions, the latter being calculated prior to finalization of the Order.

Customs charges may be applied upon receipt of the Order for certain destinations, subject to STARPEACE's agreement for delivery in a geographical area not provided for herein.

The payment requested from the Buyer corresponds to the total amount of the Order, including costs.

Unless otherwise indicated, prices are per unit.

STARPEACE reserves the right to modify its Prices at any time, it being understood however that the Price appearing on the Site at the time of placing the Order will be the only one applicable to the Buyer.

The Products remain the property of STARPEACE until full payment has been received.

If one or more taxes are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Products published on the Site.

The Buyer undertakes to pay the full amount of the Order on the day it is validated on the Site.

The Buyer acknowledges that he is aware that his Orders will only be registered and processed by STARPEACE after receipt of the amount due on the day of validation of said Order on the Site.

STARPEACE reserves the right to suspend any Order and any delivery in case of refusal of payment authorization by officially accredited organizations or in case of non-payment.

STARPEACE reserves the right to refuse or suspend any Order for legitimate reasons and, in particular, in case of :

- Abnormal or abusive claims ;

- Existing dispute(s) with the Buyer ;

- Total or partial non-payment or late payment of a previous order by the Buyer;

- Refusal to authorize payment by bank card ;

- Fraud or attempted fraud relating to the use of the Site.

(a) Terms of payment :

The Price is payable in full on the day the Order is placed by the Buyer, by secure payment via Paypal or by credit card.

Payment by cheque will not be accepted.

Payment of the Price may be made according to a schedule, with an amount and installments spread over a period determined between the Seller and the Buyer on a case-by-case basis.

Payment is made via a secure web page. The Buyer is asked to enter the name of the cardholder, the fourteen (14) card numbers, the expiry date and the three-digit cryptogram on the back of the card.

STARPEACE undertakes not to store any data relating to credit cards and bank accounts communicated by the Buyer during the Sales process.

The Buyer guarantees that he/she has the necessary authorizations to pay with the credit card used.

In the event of fraudulent use of its bank details, the Buyer is invited, as soon as it becomes aware of such use, to contact STARPEACE's customer service by sending an e-mail to the following address: contact@go-starpeace.com

(a) Late payments :

In the event of late or difficult payment, in whole or in part, STARPEACE reserves the discretionary right to :

- Claim the payment of late payment penalties, the amount of which will be calculated by applying an interest rate set at 3 times the legal interest rate in force and the fixed indemnity for collection costs of €40.00 provided for by article L.441-6 of the French Commercial Code;

- Suspend the performance of the Services, without such suspension being considered as a termination of the Contract by STARPEACE, nor giving rise to any right to compensation;

- Claim immediate payment of the sums invoiced by STARPEACE, regardless of the payment date set;

- Terminate this Agreement by operation of law, without prejudice to any damages that STARPEACE may be entitled to claim.

6.05 Delivery

Delivery refers to the transfer of physical possession or control of the goods to the consumer.

Deliveries are made in Metropolitan France (including Corsica) and Monaco or, subject to the express agreement of STARPEACE, for deliveries required in other geographical areas.

For deliveries to French overseas departments and territories or abroad, please send a message to the following e-mail address: contact@go-starpeace.com

Products will be shipped to the address given during the Order process. In the absence of a specific address in the space provided, the delivery address will be the Buyer's billing address entered by the Buyer when validating his/her Order on the Site.

If there is no indication to the contrary, shipping is free. If this is not the case, a contribution to shipping costs is mandatory.

Delivery times appear on the Order summary. They are given as an indication only.

Orders for Products in stock are processed within a maximum of three (3) to fifteen (15) working days (if available in stock) (processing of the Order, invoicing and delivery) from confirmation of the Order, excluding weekends, public holidays, annual or exceptional closures, exceptional shortage of stock or any reason beyond the control of STARPEACE.

Deliveries are made by La Poste (choice of Lettre suivie), STARPEACE itself or an independent carrier DFS Druck Brecher GmbH to the address given by the Buyer at the time of the Order and to which the carrier has easy access.

Delivery times range from three (3) to fifteen (15) working days after the Order has been processed (average time without disruption to La Poste's services).

The carrier's contact details will be sent either on the Site or by e-mail to the Purchaser.

The Order is considered to have been received when it has been confirmed as having been deposited in the addressee's letterbox by the Post Office or delivered by the independent carrier.

In the event that the Buyer is absent at the time of delivery of the Product ordered on the Site, it is the Buyer's responsibility to collect the delivery from the address indicated by the post office collector or by the carrier, in accordance with the terms and conditions specified by the carrier on the delivery notice left at the delivery address.

If the Buyer fails to collect the Order within the period indicated on the notice, the corresponding parcel will be returned to STARPEACE, which reserves the right to refund the Buyer as soon as possible (the cost of returning the parcel will be deducted from the total amount of the Order) and to retain the Product ordered by the Buyer.

Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the Buyer's expense.

6.06 Complaints

(a) Transport damage

STARPEACE will consider that any parcel indicated as "delivered" to the correct address by the carrier cannot be the subject of any claim regarding a delivery defect. No refund will be made in this case.

In the event of non-conformity of the delivered Product compared to the indications appearing in the Order or of damage related to the conditions of transport noted at the time of the delivery, STARPEACE undertakes to contact the Buyer to find a solution which can go up to the cancellation of the Order and its refunding.

It is also the Buyer's responsibility to check the condition of the package upon receipt. If the Buyer notices any damage to the packaging upon delivery, he/she must lodge a complaint with the carrier. At the request of the Buyer, STARPEACE will assist the Buyer in this process but will not be held responsible for any damage to the package during transport.

The Buyer must send a copy of this delivery note within 48 hours by e-mail: contact@go-starpeace.com or by letter to : 23 allée des merisiers, 77166 EVRY-GREGNY-SUR-YERRES.

In this respect, it is the Buyer's responsibility to check the contents, conformity and condition of the Product upon delivery. This verification is deemed to have been carried out as soon as the Buyer, or a person authorized by him/her, has signed the delivery note presented by the postmaster or by the carrier without formulating any "handwritten reservations".

Packages are checked on departure from STARPEACE's workshop and it is the Buyer's responsibility to repeat this check in the presence of the delivery person upon receipt of the Products (number of packages, apparent condition of the package, number of items in the package and apparent condition of the Products in the package). In the event of a problem, reservations (as precise as possible) must be made on the delivery note given to the carrier.

There are two essential steps in bringing the carrier's liability into play:

- Issue sufficiently precise reservations to the driver who delivered the package;

- Send a registered letter with acknowledgement of receipt to the carrier, confirming your reservations no later than three (3) days following receipt of the package.

In case of complaints, these must be brought to the attention of STARPEACE at the address mentioned in the article "CUSTOMER SERVICE" herein.

The complaint must be addressed to STARPEACE within two (2) days from the date of delivery of the Products. The complaint must be accompanied by a photocopy of the purchase invoice.

The Products ordered will only be taken back with the agreement of STARPEACE, within one week of receipt by the Buyer, in their original packaging, and only in the event of a Product defect or design error. All Products supplied by STARPEACE are thoroughly inspected before shipment.

In any event, Products returned incomplete, damaged, used, soiled or without the original label will not be accepted.

Any Product returned in a condition other than its original condition will not be eligible for a refund.

No claim will be accepted if these formalities and deadlines are not respected.

(b) Exceeding delivery deadlines

STARPEACE undertakes to use its best efforts to deliver the Products ordered by the Buyer within the deadlines indicated in the Order summary.

However, these delivery times are given as an indication and, if the Products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure or the fault of the Buyer, the Sale may be cancelled at the written request of the Buyer, under the conditions provided for in articles L 216-1 to L 216-3 of the French Consumer Code.

The sums paid by the Buyer will then be returned to him at the latest within fourteen (14) days of receipt of the letter of termination of the Contract, to the exclusion of any compensation or deduction.

The Order shall be deemed cancelled upon receipt by STARPEACE of the letter or writing informing it of such cancellation, unless delivery has occurred in the meantime.

Failure to meet these deadlines may not give rise to any reduction in the Price paid by the Buyer, or to any payment by way of damages.

The Buyer must notify the Vendor on the day of delivery, or at the latest on the first working day following delivery, of any claim of error in delivery and/or non-conformity of the Products in kind or in quality in relation to the information given on the order form. Any claim made after this deadline will be rejected.

The claim may be made, at the buyer's option :

- by telephone on 07 81 51 63 02

- by e-mail to the following address: contact@go-starpeace.com

Any claim not made in accordance with the rules set out above and within the time limits set shall not be taken into account and shall release the Vendor from any liability to the Buyer.

Upon receipt of the claim, the Seller will assign an exchange number for the Product(s) concerned and will communicate it by e-mail to the Buyer. A Product can only be exchanged once the exchange number has been allocated.

In the event of a delivery or exchange error, any Product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, by registered Colissimo, to the following address: 23 allée des merisiers, 77166 EVRY-GREGNY-SUR-YERRES.

Return shipping costs are the responsibility of the Seller.

(d) Reservation of ownership

The transfer of ownership of the Products will take place on the date of full payment by the Buyer and after departure for delivery.

The Products sold by STARPEACE remain its entire property until full payment of the Price, principal and interest.

The Buyer undertakes not to transfer, rent, lend, move, pledge or allow the Products sold to be seized by any of its creditors until they have been paid for in full.

6.07 Right of withdrawal

When purchasing a Product, the Buyer, when acting as a consumer, has a period of fourteen (14) days from delivery of the Product to exercise his/her right of withdrawal.

In this case only, the consumer may exercise his right of withdrawal by transmitting to STARPEACE, by e-mail to the e-mail address Loic.mpondo@gmail.com or by registered letter to the address indicated in the preamble hereto, the withdrawal form available below or any other statement, unambiguous, expressing the desire to withdraw, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Buyer.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and, where applicable, the delivery costs will be reimbursed, with the cost of returning the Product(s) remaining the responsibility of the Purchaser.

If the Buyer wishes to return the Product via the carrier, it is the Buyer's responsibility to contact STARPEACE in advance in order to schedule the return. The costs of return are the responsibility of the Buyer, who must pay the carrier on presentation of his invoice and provide him with the withdrawal form and the return slip.

The Buyer must return the Product in its original packaging, unused, unassembled and undamaged, together with any accessories, assembly instructions and any additional documents. Failing this, the Product will not be returned, exchanged or reimbursed.

No Product removed from its original packaging will be returned or exchanged.

The exchange (subject to availability) or refund will be made within fourteen (14) days from receipt by STARPEACE of the Products returned by the Buyer under the conditions provided in this article.

The Buyer expressly accepts, by accepting these GCUV, that any reimbursement, for whatever reason, should preferably be made by the same means as that used for the Order.

Recourse by the Buyer to the right of withdrawal shall result in the annulment of the Order expressly referred to in the Buyer's request.

Moreover, the Buyer acting within the framework of his professional activity does not have any right of retraction.

6.08 Customer service

For any information, question, to place an Order, or check its status, to exercise the right of withdrawal, to invoke the warranty, or to report a claim, the customer service of STARPEACE is available to the Buyer:

- By e-mail: contact@go-starpeace.com

6.09 Seller's legal warranties

(a) Warranty period

For the Buyer's information, the articles of the French Consumer Code and the French Civil Code relating to this article are reproduced below:

Article L. 217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

Article L. 217-5 of the French Consumer Code "The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable : - if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter."

Article L. 217-7 of the French Consumer Code: "Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity."

Article L. 217-12 of the French Consumer Code: "Action resulting from a lack of conformity is barred after two years from delivery of the goods.

Article L. 421-2 of the French Consumer Code "The provisions of this title do not apply to antiques and second-hand products requiring repair or reconditioning prior to use when the supplier informs the person to whom he supplies the product of the need for such repair or reconditioning."

Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unsuitable for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

(b) Warranty conditions

The warranty consists of the exchange of the defective Products (or the repair by STARPEACE when possible). Products must be returned to STARPEACE carriage paid in the original packaging.

Exchanging Products or repairing them under the warranty shall not extend the warranty period.

Replacement of a defective Product under the warranty as specified above is limited to one per Buyer.

No compensation for damages may be claimed, regardless of the duration of the repair or the disturbance of enjoyment suffered by the User of the Product.

To benefit from this warranty, the Purchaser must present a photocopy of the purchase invoice.

6.10 Liability of STARPEACE

STARPEACE shall be released from any liability in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the Contract or to a case of force majeure as defined by French case law.

Similarly, STARPEACE shall not be liable for any damage resulting from the use of the Internet such as loss of data, intrusion, virus, disruption of service, or other unintended problems.

Once the Products have been supplied, the Buyer shall bear any damage they may suffer or cause. He must insure them against the risks of theft or deterioration.

Article VII. FORCE MAJEURE

STARPEACE shall not be liable for any delay in the performance of its obligations or for any failure to perform its obligations under this Agreement where the circumstances giving rise thereto constitute force majeure within the meaning of Article 1218 of the French Civil Code.

In addition to the cases usually accepted by the case law of French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer or electrical network or Server failure, blockage of electronic communications, including wired or wireless telecommunications networks, any challenge to the mathematical foundations governing the theory of cryptographic algorithms, used for public key infrastructures and any other event beyond the control of STARPEACE preventing the normal performance of this Agreement.

Initially, force majeure events will suspend performance of the Contract. If the force majeure lasts longer than ninety (90) days, STARPEACE shall be entitled to terminate the Contract automatically, unless otherwise agreed between STARPEACE and Buyer.

In such case, Buyer shall pay STARPEACE all costs incurred by STARPEACE, not otherwise amortized, up to the effective date of termination of the Contract.

Article VIII. RESOLUTORY CLAUSE

The Buyer expressly waives the right to seek compulsory execution of the subject matter hereof, to have it executed by a third party or to seek a reduction in the Price of the Services, and thereby waives the provisions of articles 1221, 1222 and 1223 of the French Civil Code.

In the event that Buyer fails to comply with its payment obligation, STARPEACE may, subject to prior notice of default not followed by action within thirty (30) days of Buyer's receipt of such notice of default, suspend the performance of the Services until full payment of the Price and without STARPEACE being liable for any reason whatsoever.

Furthermore, any breach by either Party of any of its obligations which continues beyond sixty (60) working days following receipt of a formal notice sent by registered letter with acknowledgement of receipt, or which is not likely to be remedied, may result in the automatic termination of the Contract without legal formalities and without prejudice to any damages and/or penalties, other rights and remedies which the non-defaulting Party may claim from the defaulting Party.

Article IX. COLLECTION OF PERSONAL DATA/COOKIES

The processing and collection of Personal Data and its distribution to third parties entrusted with the performance and payment of Services is subject to the consent of the person concerned.

Full information on the collection and processing of personal data, POPART PIERCING's obligations and the Buyer's rights is contained in an independent document entitled "Personal Data Protection Charter", which the Buyer acknowledges having read and signed at the same time as signing these terms and conditions.

Article X. OWNERSHIP - INTELLECTUAL PROPERTY

It is expressly agreed between the Parties that all Services provided by the Website shall remain the property of STARPEACE.

STARPEACE is the owner of the intellectual property rights relating to the Services, in particular relating to the software platform, the functionalities and all the contents of the Website.

The Site is a protected work. The trademarks, slogans, graphics, photographs, animations, videos, databases and texts contained on the Site are the exclusive property of STARPEACE.

Similarly, the underlying computer developments, technologies and developments constituting the Site may not be reproduced, decompiled or disassembled without STARPEACE's prior express authorization, under penalty of legal proceedings.

The present CGUV do not transfer any property to the User, who undertakes not to infringe them in any way whatsoever.

STARPEACE grants the User the right to use the Website for strictly personal, private, non-professional and non-profit purposes only.

Any total or partial reproduction of the contents of the Site, by any process whatsoever, is prohibited and constitutes an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq. of the French Intellectual Property Code. The User undertakes not to use any of the Site's content outside the scope of these terms and conditions.

The User is granted a non-exclusive, personal and non-transferable license to use the Services worldwide for the duration of the subscription to the Services.

Consequently, the User may not, at any time, distribute, license or exploit in any way whatsoever the Services, the brand, the Content and/or Data and any elements attached thereto.

Violation of the terms hereof may result, at STARPEACE's discretion, in termination of the Agreement and/or STARPEACE's refusal of any further use by User, without prejudice to STARPEACE's right to sue User for infringement of its intellectual property rights.

Article XI. CLAIMS

Any complaints must be brought to STARPEACE's attention:

- By post to the following address

23 allée des merisiers, 77166 EVRY-GREGNY-SUR-YERRES ;

- By e-mail: contact@go-starpeace.com

Any complaint must be made in writing within 2 (two) days of the Service being carried out.

No claim will be accepted if these formalities and deadlines are not respected.

Article XII. GENERAL STIPULATIONS

12.01 Waiver

Any tolerance or waiver on the part of one of the Parties in the application of all or part of the undertakings or obligations provided for in the present CGUV, whatever the date, frequency or duration, shall not, in the absence of a written agreement to this effect, constitute a modification of the CGUV, generate or impede any right whatsoever.

12.02 Permanence of CGUV

The nullity of any clause herein does not affect the validity of the other clauses, and the present CGUV shall continue in the absence of the nullified clause, unless the nullified clause renders the continuation of the CGUV impossible or unbalanced in relation to the initial agreements.

12.03 Heading of clauses

The headings given at the beginning of each article are for ease of reference only and may under no circumstances be used as a pretext for any interpretation or distortion of the clauses to which they refer. In the event of difficulty of interpretation or contradiction between the content of a clause and its title, the latter shall be deemed unwritten.

12.04 Entire agreement of the Parties

The Parties acknowledge that the present CGUV and any amendments thereto constitute the entire agreement between them with respect to the fulfillment of the object hereof and supersede all prior agreements and proposals having the same object, regardless of form.

12.05 Proof agreement

Pursuant to the provisions of Articles 1366 of the Civil Code, the information provided by STARPEACE is authentic between the Parties.

In accordance with article 1368 of the French Civil Code, STARPEACE and the Buyer intend to establish, within the framework of this Agreement, the rules relating to the evidence admissible between them in the event of a dispute and to its probative value. The following provisions thus constitute the evidentiary agreement between the Parties, which undertake to comply with this article. STARPEACE and Buyer agree that in the event of a dispute, e-mail addresses, exchanged e-mails and SMS messages shall be admissible in court and shall constitute evidence of the data and facts contained therein, so as to be deemed authentic by priority unless proven otherwise in writing by the other Party.

STARPEACE and Buyer agree that in case of dispute, the Data from any computer record of STARPEACE shall constitute proof of acceptance of these GCUV, proof of acceptance by electronic means of any offer and Services, materiality of services used by the User by means of remote services used namely Internet, telephone, SMS and mail.

STARPEACE and Buyer agree that in the event of a dispute, the scope of such documents and information shall be that accorded to an original in the sense of a written paper document, signed by hand.

12.06 Applicable law - Competent court

These CGUV are governed by French law.

Both STARPEACE and the User agree to submit any disputes arising from their commercial relationship to the jurisdiction of the French courts.

In the event of any dispute or litigation relating to the formation, validity, interpretation, performance or termination of these CGUV, an amicable solution will first be considered before any legal action is taken.

As the User is a consumer, in accordance with articles L.616-1 and R.616-1 of the French Consumer Code, STARPEACE has set up a consumer mediation system for disputes arising from the performance of the present contract, in particular with the French Consumer Mediation Commission (Commission de la médiation de la consommation) or with existing sectoral mediation bodies.

Beforehand, the consumer must inform STARPEACE of his complaint by any written means at his convenience, in accordance with Article L. 612-2 of the Consumer Code and inform STARPEACE of the reasons for the dispute. If, within a period of two months, no solution has been found between the Parties, the attempt to resolve the dispute shall be deemed to have failed.

In accordance with Ordinance No. 2015-1033 of August 20, 2015 and implementing decree No. 2015-1382 of October 30, 2015, any so-called consumer dispute or litigation, subject to Article L. 612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation, within one (1) year, with Mr. Jean-Pierre PIZZIO, (hereinafter referred to as the "Mediator").

To submit a dispute to the Mediation officer, the consumer may :

- Fill in the form on the Ombudsman's website (i): https://mediateur.fcd.fr/,

- Or write to the Mediation officer (ii) by post by registered letter with acknowledgement of receipt to 12 rue Euler, 75008 PARIS,

- Or (iii) send your request by e-mail to the following address: contact@go-starpeace.com,

Whatever the means used to refer the matter to the Mediation officer, the consumer's request must contain the following elements in order to be dealt with promptly: his postal, e-mail and telephone contact details as well as the full name and address of STARPEACE, a brief statement of the facts, and proof of prior approaches to STARPEACE.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.

Both STARPEACE and Buyer agree to submit any disputes arising from their commercial relationship to the jurisdiction of the French courts.

WITHDRAWAL FORM ///

Right of withdrawal form

For the attention of STARPEACE, by registered letter with acknowledgement of receipt or by e-mail to the following addresses:

- Postal address: 23 allée des merisiers, 77166 EVRY-GREGNY-SUR-YERRES ;

- E-mail address: contact@go-starpeace.com

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the Contract for the provision of the Service (*)

Ordered on (*) / received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only in the case of notification of this form on paper) :

Date :

(*) Delete as appropriate.

Send this letter by registered mail with acknowledgement of receipt.

Workshops

For all workshop requests.