RETURNS AND REFUND POLICY

ARTICLE 1 – Definitions 

• Client(s): means any non-trading individual placing Orders for Products on the website of the company POPOTE SAS for private use.
  
  
• Subscriber(s): means any non-trading natural person who has taken out a subscription with POPOTE SAS in order to regularly receive the Products sold by POPOTE SAS.
  
  
• POPOTE SAS: means the Company that sells the Products subject to these General Terms and Conditions of Sale, a company registered in the Paris Trade and Companies Register under number 821 794 849. The contact details are as follows:
  – email address: bonjour@popote-bb.fr
  – postal address: 31 rue Nollet, 75017 Paris

• Order: means any commitment to purchase Products made by the Client.

• Product: means any Product marketed by the company POPOTE SAS.

• Username: means the e-mail address required to identify a Customer on the POPOTE SAS Website in order to access their account.

• Password: means the sequence of characters that the Customer must keep secret and which, together with their Username, allows them to access their account.

• Website: means the website of POPOTE SAS accessible at the following URL address: https://www.popote-bebe.fr.

• Intellectual Property Rights: means the intellectual property rights held by POPOTE SAS (trademarks, designs and models, patents, copyrights).

• Delivery/Deliveries: means the transfer to the Customer of physical possession or the material handover of the Products.

• Transport: means the conveyance of the Products from the time they are made available in the company POPOTE SAS's warehouses until their Delivery to the Client.
  
  
• Digital Product : digital content provided on an intangible medium, in particular a video workshop accessible via streaming through a secure link.
  
  
• Video workshop : educational video sold individually on the website, accessible after purchase via a link sent by email.
  
  
• Making available : the action by which the Company provides the Client with access to the digital Product (sending an email with a link/button to access it).
  
  
• Licence of use : a non-exclusive, personal and non-transferable right enabling the Client to view the video workshop for strictly private purposes.

ARTICLE 2 – Scope of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale apply without restriction or reservation to all sales made by POPOTE SAS, a simplified joint-stock company (société par actions simplifiée), with a share capital of €300,000, having its registered office at 30, avenue de Messine – 75008 Paris, registered in the Paris Trade and Companies Register under number 821 794 849 R.C.S Paris, represented by its President, FINANCIERE MESSINE.

These General Terms and Conditions of Sale govern the contractual relationship between the company POPOTE SAS and its Clients for the sale of physical Products and digital Products (video workshops) carried out on the Website. In the event of any discrepancy, the provisions specific to digital Products shall prevail in respect of those Products.

All documents, catalogues, advertisements, notices or leaflets are provided for information purposes only and are not contractually binding. They may not under any circumstances replace the application of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale are accessible at any time on the website of the company POPOTE SAS and shall prevail, where applicable, over any other version or any other contradictory document.

The company POPOTE SAS reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. In such case, the company POPOTE SAS will inform its Clients accordingly. The new General Terms and Conditions of Sale will apply solely to sales made after the modification. The General Terms and Conditions of Sale in force on the date of the Order shall apply to each Order.

The General Terms and Conditions of Sale are enforceable against Customers once they have been brought to their attention by any means whatsoever.

Each Client acknowledges having been informed, in a clear and comprehensible manner, of these General Terms and Conditions of Sale as well as all necessary information prior to accepting the order.

ARTICLE 3 – Products marketed

The Products covered by these General Terms and Conditions of Sale are baby foods, in particular food pouches of the POPOTE brand, composed of vegetables, fruit, proteins or starches, as well as accessories and gift sets related to infant nutrition.

POPOTE SAS sells food pouches individually, in bundles, or in boxes of 20, 35 or 50 pouches.

These boxes are available by subscription.

The essential characteristics of the Products and their price are indicated on the Product pages on the Website prior to any purchase by the Customer.

The Customer is required to read them before placing any Order.

The selection and purchase of Products is the sole responsibility of the Client.

In addition to physical Products, the Company markets digital Products, in particular video workshops sold individually. The essential characteristics and price of each workshop are indicated on its product page prior to purchase.
Video workshops are provided with no limit on viewing duration, subject to the Client's compliance with the licence terms and the reasonable availability of the service.

ARTICLE 4 – Orders and validation process

4.1 – Standard orders and validation process

This Order and validation process applies only to standard Orders, outside of any subscription.

Any Order placed by the Customer becomes firm and definitive at the moment of validation of the Order by the Customer. Once validated, orders can no longer be modified or cancelled.

Any Order automatically entails the Customers' acceptance of these General Terms and Conditions of Sale.

To place an Order on the Website:

• The Customer browses the website and selects the Products of their choice. They can view their cart, the contents of which they can modify with a simple click.
• The Customer selects a delivery option and confirms the contents of their cart.
• If the Customer is already registered, they log in using their Username and Password. Otherwise, they fill in the information required for the processing and delivery of their Order, in particular the delivery address and the billing address if it differs from the delivery address. They also provide an email address and a Password in order to create a Customer account.
• The Order summary is updated according to the chosen delivery method and any additional charges relating thereto, in particular delivery charges.
• The Customer selects their preferred payment method from those offered by the Website (bank card via Payplug or Paypal).

For payment by bank card, the Customer enters their banking details. By clicking the order button, they acknowledge having read the General Terms and Conditions of Sale and accept them. This is stipulated at the end of the purchase process by a text notice.

When paying by PayPal, the Client accepts the General Terms and Conditions of Sale and then clicks on "Pay with PayPal". They will then be redirected to the PayPal website where they will need to log in and confirm their payment.

• The Order is deemed validated upon receipt of payment. Once validated, it cannot be modified and/or cancelled.
• The Order confirmation may be viewed by the Customer directly online and will be sent to the Customer by email to the email address provided by the Customer in the registration form.
• This Order confirmation will acknowledge receipt of the Order by POPOTE SAS.
• The Customer will also have access to the Products that are the subject of the Order by logging into their Customer account with their Username and Password.

4.2 – Orders and Validation Process for Subscriptions

Orders and the process for their validation in the presence of a Subscription are detailed below, in the General Terms and Conditions of Subscription which the Customer must have read before taking out any Subscription.

4.3 – Orders for digital Products (video workshops)

• The Customer purchases the video workshop from its product page.
• Once payment has been confirmed, the Client receives a confirmation email containing a link/button to access the viewing.
• The digital Product is made available immediately (or within a reasonable timeframe in the event of an anti-fraud check).
• Access is strictly personal and non-transferable; any sharing, reproduction, recording or public broadcast is prohibited.
• The Client undertakes not to circumvent the technical protection measures (DRM, download restrictions, etc.).

ARTICLE 5 – Right of Withdrawal

5.1 – Scope of the Right of Withdrawal

Customers have the right to withdraw without giving any reason and to return their Products within fourteen (14) clear days from the date of delivery of the Products.

The cost of return shall be borne by the Customer.

In accordance with Article L.221-28 of the Consumer Code, the following Products may not be subject to a right of withdrawal:

• Likely to deteriorate or expire quickly;
• Which have been unsealed by the Client after Delivery and which cannot be returned for hygiene or health protection reasons.

5.2 – Terms of the right of withdrawal

To exercise your right of withdrawal, you may submit your request via your order status page or via this form. 

The Customer must return the Product subject to the withdrawal no later than fourteen (14) days following the communication of their decision to withdraw, to the following postal address: POPOTE SAS, 30, avenue de Messine – 75008 Paris.

This communication must be made by registered letter with acknowledgement of receipt.

The Product concerned must be returned to POPOTE SAS at the Customer's expense:

• In its original packaging in perfect resaleable condition (undamaged);
• Accompanied by the sales invoice enabling identification of the Customer.

Returned Products will be refunded at the purchase price of the Products and delivery costs, with the exception of any additional costs related to the return of the Products.

This refund will be made within fourteen (14) days of receipt by POPOTE SAS of the Customer's decision to withdraw by registered letter with acknowledgement of receipt, provided that the products have been received by POPOTE SAS within that period.

This refund period is however deferred until the Products have been collected by POPOTE SAS.

The refund will be made by the company POPOTE SAS using the same payment method as that used by the Client to place the Order.

5.3 – Digital Products (Video Workshops)

In accordance with article L221-28 of the Consumer Code, the right of withdrawal does not apply to digital content provided on an intangible medium after performance.
By validating their order, the Customer requests the immediate performance of the supply and expressly waives their right of withdrawal for the video workshop. 

ARTICLE 6 – Prices and Payment Terms 

6.1 – Price

The prices of Products sold are those in effect on the date the Order is confirmed. These prices are denominated in euros and are calculated inclusive of all taxes unless stated otherwise.

These prices take into account any reductions that may be granted by POPOTE SAS on the Company's website.

Prices are fixed and non-revisable during their period of validity, with the company POPOTE SAS reserving the right, outside that period of validity, to modify the selling prices of the Products at any time. They do not include transport and delivery costs, which are charged as an additional item, under the conditions indicated on the Company's website and calculated prior to placing the order.

Any accepted price increase may not, under any circumstances, affect Orders placed prior to the date on which the price increase takes effect.

The price stated in the Order confirmation is the final price.

The prices of video workshops include VAT applicable to digital services. No delivery charges apply to digital Products.
The Customer must have an Internet connection; connection costs remain their responsibility.

6.2 – Payment Terms

The price is payable in full on the day the Order is placed by the Customer, by means of secure payment in accordance with the following terms:

• By bank card:
  – PayPlug (see PayPlug General Terms of Use at the following address: https://www.payplug.com/fr/cgu/
  – Stripe (see Stripe General Terms of Use at the following address: https://stripe.com/fr/legal;
• By Paypal: https://www.paypal.com/fr/webapps/mpp/home.

Payment is immediate upon Order confirmation.

Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In such a case, the Customer may request the cancellation of the payment and the restitution of the corresponding amounts.

Any Order entails a prior obligation of payment.

As Orders for Products require Internet access, the prices indicated do not include the cost of the Internet connection, which remains the Customer's responsibility.

Payment data are exchanged in encrypted form.

In the case of a Subscription, banking details are retained for the entire duration of the Subscription.

ARTICLE 7 – Delivery of Physical Products and Making Available of Digital Products

7.A – Physical Products

7.1 – Delivery Terms

Deliveries are made to Metropolitan France, Corsica, Belgium, Luxembourg, Germany, Italy, Spain, Portugal, Ireland, the Netherlands and Denmark, to the delivery address indicated by the Customer when placing their Order.

Delivery methods, delivery restrictions and delivery charges are indicated when placing the Order, prior to any confirmation thereof.

Delivery to France, Belgium and Luxembourg is free of charge for purchases of 59 euros or more.

Deliveries are made at the Client's choice and depending on the country:

• To a collection point;
• Home delivery

7.2 – Delivery Timeframes

Once the Order has been validated, POPOTE SAS undertakes to process and dispatch it within 48 hours.

Any Order placed before 12:00 noon on working days is processed and dispatched on the same day; except in exceptional cases of high demand, where POPOTE SAS may not be able to process all orders on the same day.

The company POPOTE SAS uses independent carriers to deliver the Order to the address provided by the Client, and therefore cannot guarantee a specific Delivery timeframe.

The company POPOTE SAS provides Clients with a dispatch date and an estimated delivery timeframe depending on the delivery method selected by the Client. Accordingly, the timeframe given to Clients upon Order confirmation is provided for information purposes only and may not under any circumstances give rise to the payment of damages, late payment penalties, or cancellation of the Order.

It is noted that delivery times may be extended during periods of high activity.

In accordance with Article L.216-1 paragraph 2 of the Consumer Code, the maximum delivery period is thirty (30) days from the Order of the Product.

7.3 – Delivery Delay

In the event of a delivery delay, the Order is not automatically cancelled.

A delivery delay exceeding seven (7) working days from the latest delivery date indicated by POPOTE SAS, and not due to a case of force majeure, entitles the Customer to cancel their Order by sending their request to POPOTE SAS, making sure to provide their Order number, by email to the following address: bonjour@popote-bb.fr.

The Client will receive a full refund of their Order within thirty (30) working days following cancellation of their Order, to the exclusion of any compensation.

7.4 – Delivery and Conformity

Delivery is deemed to have taken place upon the Product being made available to the Client by the carrier.

Upon Delivery of the Products, it is the Client's responsibility to check the condition of the parcel containing the Products and to raise any reservations they deem justified, or to refuse the parcel if:

• The said parcel appears to be damaged;
• The said parcel appears to have been opened.

7.B – Making digital Products available

• Making available means the sending of an email containing a secure link to the video workshop.
• This access is provided without delay after payment (except in cases of suspected fraud).
• If the email is not received, the Customer must check their spam folder and then contact customer service.
• The Company ensures reasonable availability of the viewing service; temporary interruptions (maintenance, technical incidents, force majeure) may occur.

Access to the video workshops is provided without time limit, subject to: (i) the Customer maintaining their login credentials and access to their email inbox, (ii) compliance with these T&Cs, (iii) the Company continuing to operate the streaming service. In the event of service discontinuation, the Company will notify the Customer and, where possible, offer an equivalent solution (e.g. new link or alternative hosting).

ARTICLE 8 – Transfer of Ownership – Transfer of Risks

8.1 – Transfer of Ownership

The transfer of ownership of the Products from POPOTE SAS to the Customer shall take effect upon validation of the order and full payment of the price by the latter, regardless of the delivery date of the said Products.

8.2 – Transfer of risk

POPOTE SAS assumes, in principle, the risks of Transport in relation to the Customer.

The risks relating to the Products are borne by the Customer from the moment of their physical possession by the Customer or by a third party designated by them.

By exception, the risks relating to the Products are borne by the Customer from the moment of handover to the carrier, in the event that the latter was chosen by the Customer outside the delivery methods offered by POPOTE SAS.

8.3 – Digital Products

The sale of a video workshop does not transfer ownership of the content but grants a private licence of use. No transfer of transport risk applies.

ARTICLE 9 – Legal Guarantees

The Products sold on the POPOTE SAS website comply with the regulations in force in France and have performance levels compatible with non-professional use.

The Seller is required to guarantee to the Customer that the Products conform to the descriptions, illustrations and descriptive information presented in the catalogue on the POPOTE SAS Website.

They are also required to guarantee the quality and good condition of the Products they deliver.

When invoking the statutory guarantee of conformity, the Customer has a period of two (2) years from the delivery of the Product in which to act; they may choose between repair or replacement of the Product, subject to the cost conditions set out in article L. 217-9 of the Consumer Code.

The Customer is exempt from proving the existence of the lack of conformity of the Product during the two (2) years following delivery of the Product.

The statutory guarantee of conformity applies independently of any commercial guarantee that may be granted by POPOTE SAS.

The Customer may choose to invoke the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In such case, they may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

9.0 – Specific Provisions for Digital Products

The Company guarantees the conformity of digital Products within the meaning of articles L224-25-12 et seq. of the Consumer Code (supply and updating of digital content).
In the event of a lack of conformity (inoperative link, impossible access, etc.), the Customer may obtain remediation or, failing that, a price reduction or termination in accordance with the applicable legal conditions.

9.1 – Lack of Conformity

In accordance with the provisions of articles L.217-4 to L.217-14 of the Consumer Code:

• The Products ordered must be fit for the purpose ordinarily expected of a similar item, correspond to the description given by POPOTE SAS and possess the qualities that POPOTE SAS has presented to the Customer (with the exception of non-contractual visuals);
• The Products ordered must display the qualities that a Customer may legitimately expect in light of the public statements made by POPOTE SAS, in particular in advertising.

POPOTE SAS undertakes:

• Or to replace the non-conforming Product with an identical Product (subject to stock availability);
• Or to exchange the non-conforming Product for a Product of equivalent price and quality (subject to stock availability);
• Or to refund the Customer the price of the non-conforming Product under the conditions set out in Article 3 of these general terms and conditions of sale.

9.2. Hidden defects

A hidden defect is any latent defect that renders the Product ordered unfit for the purpose for which it is intended, or that diminishes its use to such an extent that the Customer would not have purchased it, or would only have paid a lesser price for it, had they been aware of the defect.

In accordance with the provisions of Articles 1641 to 1649 of the Civil Code, the company POPOTE SAS undertakes:

• Or to fully refund the price of the defective, damaged or impaired Products;
• Either to refund part of the price of defective, damaged or impaired Products, should the Client wish to keep said Products;
• Or, if the Customer wishes, to exchange the apparently defective, damaged or impaired Products for Products of equivalent price and quality (subject to stock availability).

This guarantee against hidden defects runs for two (2) years from the discovery of the defect.

Pursuant to article 2232 of the Civil Code, the postponement of the starting point, the suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty (20) years from the date on which the right arose.

9.3. Implementation of Warranties and After-Sales Service:

In the event of a lack of conformity or hidden defects affecting the Product, and without prejudice to their right of withdrawal, the Customer must report this in detail, within the time limits set, by email to the following address: bonjour@popote-bb.fr and send the Product to the following postal address: Société POPOTE SAS, 30, avenue de Messine – 75008 Paris, accompanied by the sales receipt enabling the Customer to be identified.

In cases where a lack of conformity or a hidden defect affecting the Product is established and is not attributable to the Customer, the latter may obtain a refund within thirty (30) days of receipt of the claim by POPOTE SAS.

The initial postage and return costs shall be refunded to the Client (excluding any additional costs arising from the Client having chosen, where applicable, a method of Delivery or dispatch more expensive than that offered by the company POPOTE SAS).

The Client reports any issue relating to a video workshop to bonjour@popote-bebe.fr (subject: Video workshop access), attaching the proof of purchase and any relevant screenshots.

ARTICLE 10 – Liability

Placing an Order online implies that the Client is aware of and accepts the characteristics and limitations of the Internet.

In this regard, POPOTE SAS shall not have its liability engaged in particular with respect to:

• Technical performance or malfunctions;
• Response times for consulting, querying or transferring Information;
• Service interruptions due to the characteristics and limitations of the Internet network;
• The lack of protection of certain data against misappropriation, intrusions, and the risk of contamination by viruses circulating on the network, and the hacking of Customer data.

It is the Customer's responsibility to take all appropriate measures to protect their own data, programmes and files.

The company POPOTE SAS shall not be held liable for any damage that may arise from the aforementioned risks, such as data loss or damage to computer equipment.

POPOTE SAS shall also not be held liable:

• the non-receipt of data relating to the Customer's Order for any reason whatsoever (Internet connection issue);
• the receipt of data relating to the Customer's Order that is incomplete, illegible or impossible to process;

POPOTE SAS shall not be held liable in the event of the occurrence of a fortuitous event or a force majeure event. The occurrence of such an event has the effect of suspending the performance of the contractual obligations of POPOTE SAS.

For video workshops, the Company's liability cannot be engaged in the event of: (i) incompatibility with the Customer's equipment, (ii) insufficient Internet connection speed, (iii) temporary unavailability due to maintenance or technical incidents beyond its control. The Company implements reasonable measures to ensure long-term accessibility, without guaranteeing uninterrupted availability.

ARTICLE 11 – Intellectual Property

The company POPOTE SAS is the exclusive owner of all intellectual property rights relating to the Products, the structure and the contents of the Website, unless expressly stated otherwise.

The POPOTE SAS website contains images, illustrations, drawings and designs, logos, descriptive information, and other content (hereinafter referred to as "the Content") which are protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement within the meaning of articles L.335-2 et seq., L.515-1 et seq., L.521-1 et seq., L.615-1 et seq., L.716-1 et seq. of the Intellectual Property Code.

The trademarks used on the POPOTE SAS Website are the property of POPOTE SAS, which holds the right of reproduction and use of the trademark.

The purchase of a video workshop grants the Customer a strictly personal, non-exclusive and non-transferable licence of use, authorising streaming for private use.
It is prohibited to download, record, reproduce, share, resell, make accessible or publicly broadcast all or part of the video workshop, including via social platforms or video conferencing tools.

ARTICLE 12 – Personal Data Protection

For all processing of personal data, the Parties shall comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR").

12.1 – Data Collected and Processed

In accordance with the provisions of Article 5 of Regulation 2016/679, the collection and processing of user data on the site complies with the following principles:

• lawfulness, fairness and transparency
• limited and specific purpose of collection and processing
• minimisation of data collection and processing
• reduced data retention periods
• integrity and confidentiality of data collected and retained

In accordance with the principles of Article 6 of Regulation 2016/679, the collection and processing of data is lawful only if it meets one of the following requirements:

• the data subject has given consent to the processing of their personal data
• the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
• the processing is necessary for compliance with a legal obligation to which the data controller is subject;
• the processing is necessary to protect the vital interests of the data subject or of another natural person;
• the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;
• the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, unless those interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

In the context of the performance of the contract, one of the parties may be required to process personal data on behalf of another party, the latter determining alone the purposes and means of the processing. In such case, the parties shall respectively be the processor and the controller, within the meaning of Article 28 of EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016.

The Client's personal information will be retained for as long as necessary for the performance of the Contract, the fulfilment by the company POPOTE SAS of its contractual and legal obligations, and the exercise of its prerogatives.

To provide access to the video workshops, the Company processes the email address and order data necessary for sending the access link and for after-sales service.

12.2 – Client's rights

In accordance with the regulations applicable to personal data, Customers may:

• update or delete data relating to them;
• request the deletion of their personal data;
• request their portability to another provider;
• object to the processing of their data.

Rights of access, rectification, erasure, objection and portability may be exercised by contacting bonjour@popote-bebe.fr.

ARTICLE 13 – Unforeseen Circumstances

It is recalled that in the event of a change in circumstances that was unforeseeable at the time the contract was entered into, in accordance with the provisions of Article 1195 of the Civil Code, the Party that did not agree to bear the risk of excessively onerous performance may request a renegotiation of the contract from its contracting partner.

ARTICLE 14 – Specific Performance

In the event of a breach of obligations by either Party, the Party affected by the breach has the right to demand specific performance of the obligations arising from these terms. By way of derogation from the provisions of Article 1221 of the Civil Code, the creditor of the obligation may pursue such specific performance following a simple formal notice, sent to the debtor of the obligation by registered letter with acknowledgement of receipt that has gone unanswered, regardless of the circumstances and even where there is a manifest disproportion between its cost to the debtor, acting in good faith, and its benefit to the creditor.

The Party affected by the default may, in the event of non-performance of any of the obligations incumbent upon the other Party, request termination of the contract in accordance with the terms defined in the article "Termination of the contract".

ARTICLE 15 – Plea of Non-Performance

It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even where it is due, if the other Party fails to perform its own obligation and if such non-performance is sufficiently serious, that is to say, liable to call into question the continuation of the contract or to fundamentally upset its economic balance. The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notice of breach sent to it for that purpose by the Party affected by the default, indicating the intention to invoke the defence of non-performance for as long as the defaulting Party has not remedied the identified breach, served by recorded delivery letter with acknowledgement of receipt or by any other durable written medium affording proof of dispatch.

This plea of non-performance may also be used as a preventive measure, in accordance with the provisions of article 1220 of the Civil Code, if it is manifest that one of the Parties will not perform their obligations by the due date and that the consequences of such non-performance are sufficiently serious for the Party that is the victim of the breach.

This option is exercised at the risk and expense of the Party taking the initiative.

The suspension of performance shall take effect immediately upon receipt by the party presumed to be in default of the notice of intention to invoke the preventive defence of non-performance, until such time as the party presumed to be in default performs the obligation in respect of which an imminent breach is manifest, served by recorded delivery letter with acknowledgement of receipt or by any other durable written medium affording proof of dispatch.

However, if the impediment were permanent or lasted beyond thirty (30) days from the date on which the impediment was recorded by registered letter with acknowledgement of receipt, the present agreement would be purely and simply terminated in accordance with the terms defined in the article "Termination for Breach of Obligations by a Party".

ARTICLE 16 – Force Majeure

The Parties cannot be held liable if the non-performance or delay in performance of any of their obligations, as described herein, results from a case of force majeure within the meaning of Article 1218 of the Civil Code.

The Party noting the event must without delay inform the other Party of its inability to perform its obligation and provide justification to that effect. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor give rise to the payment of damages or late-payment penalties.

As soon as the cause of the suspension of their respective obligations has ceased, the Parties shall make every effort to resume normal performance of their contractual obligations as quickly as possible.

If the impediment is permanent or exceeds a period of thirty (30) days, these terms shall be purely and simply terminated upon receipt of a formal notice served by registered letter with acknowledgement of receipt or any extrajudicial instrument.

Consequently, the order will be considered as cancelled in accordance with the provisions of the "Orders" article.

During this suspension, the Parties agree that any costs incurred by the situation shall be borne by the company POPOTE SAS.

ARTICLE 17 – Termination of Contract

17.1 – Termination for excessive revised price

Termination at the revised price may not, notwithstanding the clause on Termination for Breach of Obligations by a Party set out below, take effect until eight (8) days after receipt of a formal notice declaring the intention to apply this clause, served by registered letter with acknowledgement of receipt.

17.2 – Termination for Unforeseen Circumstances

Termination for the impossibility of performing an obligation that has become excessively onerous may not, notwithstanding the "Termination for Breach of Obligations by a Party" clause set out below, take effect until eight (8) days after receipt of a formal notice declaring the intention to apply this clause, served by registered letter with acknowledgement of receipt.

17.3 – Termination for Sufficiently Serious Non-Performance of an Obligation

The Party that is the victim of the breach may, notwithstanding the clause "Termination for Breach of Obligations by a Party" set out below, in the event of a sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify by registered letter with acknowledgement of receipt to the defaulting Party the wrongful termination of this agreement, eight (8) days after receipt of a formal notice to perform that has remained unsuccessful, in application of the provisions of article 1224 of the Civil Code.

17.4 – Termination for Force Majeure

Automatic termination on grounds of force majeure may only take place, notwithstanding the clause entitled "Termination for breach of obligations by a party" set out below, thirty (30) days after receipt of a formal notice stating the intention to invoke this clause, served by recorded delivery letter with acknowledgement of receipt.

17.5 – Termination for Breach of Obligations by a Party

In the event of non-compliance by the Customer with the following obligations:

• If the Client does not comply with the General Terms and Conditions of Sale;
• If the Customer fails to comply with their contractual obligations.

In such a case, POPOTE SAS reserves the right to terminate the contract and, where applicable, the Customer's access to the POPOTE SAS website within eight (8) days of receiving an unsuccessful formal notice sent to the Customer by registered letter with acknowledgement of receipt.

ARTICLE 18 – Common Provisions Applicable to Cases of Termination

In any event, the injured Party may seek an award of damages through the courts.

ARTICLE 19 – Applicable law – Language

These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.

These General Terms and Conditions of Sale are written in the French language.

In the event that they are translated into one or more foreign languages, only the French text shall be binding in the event of a dispute.

ARTICLES 20 – Partial Invalidity

If one or more provisions of this agreement are held to be invalid or declared as such in application of a law, regulation or final decision of a competent court, the remaining provisions shall retain their full force and effect.

ARTICLE 21 – Pre-contractual information

21.1 – Customer Acceptance

The act of an individual placing an order on the website of the company POPOTE SAS constitutes full and unconditional acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Client, who waives, in particular, the right to rely on any contradictory document that would be unenforceable against the Company.

21.2 – Identification

https://www.popote-bebe.fr designates POPOTE SAS

Registered office address: 30, avenue de Messine – 75008 Paris

Postal contact address: 30, avenue de Messine – 75008 Paris

Share capital: 300,000 euros

Company registration number: 821 794 849

Intra-community VAT number: FR64821794849

ARTICLE 22 – Disputes

In the event of a dispute, in particular regarding the interpretation or performance of these general terms and conditions of sale, it is agreed that the Customer and POPOTE SAS shall consult one another in order to reach an amicable agreement.

To this end, POPOTE SAS provides Customers with a customer service team reachable by email at the following address: bonjour@popote-bb.fr.

In the absence of a direct amicable agreement with the customer service of the company POPOTE SAS, or in the absence of a response from that department within a reasonable period, the Client may submit the dispute free of charge to an external mediator by sending their request for amicable resolution of the dispute to the mediation service of the Centre de Médiation et d'Arbitrage de Paris (CMAP):

• Either via a form available on the website mediateur-conso.cmap.fr;
• Either by email to the following address: consommation@cmap.fr;
• Either by simple or registered post to the following address: CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS.

Regardless of the means used to contact the CMAP mediation service, the Customer shall send it the following information:

• their postal address details,
• their email address,
• their telephone number,
• the name and address of POPOTE SAS,
• written proof of the prior steps taken with POPOTE SAS.

In accordance with Article L.612-2 of the Consumer Code, a dispute cannot be examined by the consumer mediator when:

• The Customer cannot demonstrate that they have first attempted to resolve their dispute directly with POPOTE SAS by means of a written complaint;
• The Customer's request is manifestly unfounded or vexatious;
• The Customer's request has previously been examined or is currently being examined by another mediator or by a court;
• The Client submitted their request to the mediator more than one year after their written complaint to the company Popote SAS;
• The dispute does not fall within the mediator's jurisdiction.

The Customer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

Failing an amicable resolution, any dispute or disagreement concerning the interpretation and/or performance of these general terms and conditions of sale shall be brought, at the choice of the claimant (POPOTE SAS or the Customer), before the court of the defendant's place of domicile or the place of actual delivery of the Product.