Terms of Sales

DRIMIMEN

Definitions

The following definitions apply in this agreement:

“Us”, “we”, or “our” means drimimen / DRIMI SAS

“Service” means use of the drimimen website (www.drimimen.com)

“Purchase” means any drimimen product(s) and order(s)

“Terms” means these terms and conditions

“Conditions” means these terms and conditions

“You” and “your” means the customer

“Product(s)” means any drimimen product(s)

General

Please read these Terms of Sale carefully before using the drimimen website (www.drimimen.com).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

This agreement is between

• “Us” - DRIMI SAS Company, 87 rue de Chézy, 92 200, Neuilly sur Seine, FRANCE, a simplified Joint Stock Company with a registered capital of €2,000, registered in the Trade and Companies Register of Nanterre under SIRET number 833 141 096 (contact us by email through the contact form available from the home page of our website).

And

• “You” – The person purchasing one or more items or services marketed on our website (www.drimimen.com)

Clause 1: Purpose and general provisions

These General Terms and Conditions of Sale (GTCS) set out the rights and obligations of the parties in connection with the online sale of Products provided by Us.

These terms for an integral part of the Agreement between Buyer and Seller. The Seller reserves the right to modify this agreement at any time by publishing a revised version on its website. The applicable GTCS will be that in force on the date of payment of the order. These terms can be found on the website at www.drimimen.com. We have ensured that acceptance of the GTCS is clear and unreserved by implementing an opt in process (check box and validation) in which the Customer declares to have read all these General Terms and Conditions of Sale and to accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for whom he undertakes the transaction. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Clause 2. Price

Prices on the website are in British Pounds and include VAT and other applicable taxes, but exclude shipping costs and charges related to shipping.

Shipping costs will be indicated separately in the shopping basket before final confirmation of the order. Delivery costs are the responsibility of the Customer.

For products shipped outside the EU, customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These additional costs are not the responsibility of the Seller. They remain the responsibility of the Buyer including declarations and payments to relevant authorities. We advise you to inquire about these potential costs with your relevant local authorities.

The Company reserves the right to modify its prices at any time, without notice and in particular in the case of tax changes. The products will be costed according to the applicable rates at the time of finalisation of the order. The telecommunication costs necessary to access the Company’s websites are sole responsibility of the Customer.

Conclusion of the online agreement

The Customer must follow a series of steps relating to each Product in order to fulfil and finalise an order.

The steps relate to the following elements of the transaction:

• Review information on the essential features of the Product

• Choose the product and provide essential Customer information (identification, address etc.)

• Accept these General Terms and Conditions of Sale

• Confirm the details of the order and, if necessary, correct any errors

• Follow the payment instructions

• Accept delivery of the products

The Customer will receive payment confirmation by email alongside payment receipt and order details.

Delivery of the order will be made to the address provided by the Customer. For the purpose of order fulfilment, and in accordance with Article 1316-1 of the Civil Code, the Customer commit to providing accurate information. The Seller reserves the right to refuse the order, for example in exceptional cases, made in bad faith or for any other legitimate reason.

Clause 4: Products and Services

The essential features of the goods, services and their respective prices are made available to the Buyer on the website of the Company www.drimimen.com on the day of the interaction with the Customer.

Each product has a specific description, including photographs, price, size, available colours, fabric type and main characteristics. These are not contractual descriptions. The company DRIMI SAS takes no responsibility for error or omission in the description of the Products or for the modification of these descriptions by the Partners.

The photographed products may appear slightly different from the reality depending on the Customer’s screen resolution.

The Products offered by DRIMI SAS comply with the standards applicable in France in terms of health and safety.

The Seller undertakes to honour the Customer’s order within the limits of the available Products inventory.

The Seller informs the Customer of the availability of the Products at the time of order confirmation. If, despite the vigilance of DRIMI SAS, the Products are unavailable, DRIMI SAS will inform the Customer by email as soon as possible. The Customer may then cancel the order and be reimbursed any amount already paid within seven days.

In case of unavailability after seven days or in the case of a stock out, DRIMI SAS will cancel the order and refund the sums paid by the Customer.

The Company DRIMI SAS may cancel or refuse any order from a Customer with whom there is a dispute over the payment from a previous order.

The Company DRIMI SAS can offer a credit to the Customer in case of Product unavailability or following a return for exchange.

The period of validity of such credit is one (1) year for any order made via the www.drimimen.com website. The Customer may request the refund of credit during this period.

DRIMI SAS is not liable for any definitive or temporary unavailability of a Product and Customers have no right to compensation or damages in relation to Product availability.

Clause 5: Product ownership

Until full payment by the Customer, the products remain the property of DRIMI SAS.

Clause 6: Terms of delivery

Products will be delivered to the address provided during order (providing this is in authorised delivery areas). Deliveries will not be made to hotels or to PO Box numbers.

In case of error or omission by the Customer in the communication of the delivery address, the Company DRIMI SAS cannot be held responsible if products are not delivered.

DRIMI SAS undertakes to deliver the products within a maximum of seven (7) days from receipt of payment. This time period does not take into account time required for preparation of the order.

To keep to this timeline, the Customer must ensure that he has provided accurate and complete information regarding the delivery address (such as street number, building number, access codes, names etc.).

If the delivery period is exceeded, the Customer may terminate the contract and seek reimbursement of sums paid within fourteen (14) days under the terms set out in Article L 138-2 of the French Customer Code.

Costs incurred by package returns are the sole responsibility of the Customer. DRIMI SAS will contact the Client by email to verify shipping information, however, in the absence of a response within 10 days, DRIMI SAS reserves the right to resell the ordered Product/s. The customer will receive a credit of an amount corresponding to the amount of the order, excluding shipping costs, or may request a refund of this credit.

DRIMI SAS reminds Customers that once the Customer takes physical possessions of the Product, the risk of loss or damage to the products is transferred to him. It is the responsibility of the Customer to notify the carrier if there are concerns relating to the received package (evident damage, missing products, open packages etc.) within 10 days of receipt of the product.

Clause 7: Payment

Payment is due immediately upon order. Upon acceptance of the order, the Customer agrees to pay the full amount owing, otherwise the order will not be processed.

The Customer may pay by Credit Card. Cards issued by banks domiciled outside of France must be International Credit Cards (Mastercard or Visa). Secure online payment by Credit Card is made by our payment provider. Transmitted information is encrypted. Once payment is initiated by the Customer, the transaction is immediately debited after verifying the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay is irrevocable. By providing bank details at the time of the sale, the Customer authorises the Seller to debit his card with the amount relating to the order total. The Customer confirms that he is the legal owner of the card to be debited and that he is entitled to use it. In case of error, or failure to debit the card, the Sale and the Order are immediately cancelled.

Clause 8: Right of withdrawal

In accordance with Article L. 121-20 of the French Customer Code, ‘the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to provide reasons or to pay penalties, except where applicable, return fees’. The period mentioned above counts from the receipt of goods or acceptance of the offer for the provision of services.

The Customer therefore has the opportunity to withdraw without having to justify reasons, within fourteen (14) days from the date he physically takes possession of the product.

The Customer must notify by email his desire to cancel the order (within fourteen clear days) to the following email address: customer@drimimen.com

The Customer can use the following text: “I, the undersigned (last name, first name, address) hereby notify you of my withdrawal from the contract of the sale of the product/s (provide details) ordered on (specify date) and received on (specify date). Signature and date.”

The Customer will receive an acknowledgement of receipt of the request to cancel the order. In the case of cancellation, the costs resulting from the return of the Product/s will remain the responsibility of the Customer.

Once the Products are received by DRIMI SAS, the refund will be made to the method of payment used by the Customer for the initial transaction, unless the Customer and the Seller have agreed another process. The refund will not incur any costs for the Customer.

The products must be returned as soon as possible and no later than fourteen days after the acknowledgement of the request to cancel.

The Product/s must be returned in new condition, in their original packaging, with their labels, and accompanied by a copy of the proof of purchase (e.g. the invoice). They must be in a condition suitable to be resold.

Product/s must be returned to the following address:

DRIMI SAS

87 rue de Chézy

92200 Neuilly Sur Seine

France

Consumer responsibility is engaged in case goods have depreciated if they were returned incomplete, damaged, used or soiled.

In case of Customer exercising the right of cancellation within the aforementioned period, only the Product/s and shipping costs will be refunded, the return costs are borne by the Customer.

Special conditions apply for the sale of underwear (boxers, underpants, socks, swimsuits etc.). For hygienic reasons, the right of cancellation cannot be exercise by the Customer for these products, except in the case of manufacturing defect.

Article 9: Guarantees

The Seller makes two guarantees relating to conformity and hidden defects.

According to the article L211-5 of the French Consumer Code, to conform to the contract, the Product must:

1. Be fit for the usual expected use of similar goods, and where appropriate, correspond to the description provided by the Seller, possessing the qualities that the Seller has described to the Customer OR Present the qualities that a Buyer might legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2. Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the Buyer, made known to the Seller, that the latter has accepted.

The Consumer is also protected by the guarantee against hidden defects of the Product, within the meaning of Article 1641 of the Civil Code, and in this case, he may select between cancelation of the order or seek a reduction in the selling price (provisions of articles 1644 of the Civil Code).

The Seller will reimburse the Buyer or exchange the apparently defective Products or those which fail to correspond to those ordered.

The refund request must be sent by email to: client@drimimen.com with the subject line ‘legal guarantee of conformity’ or ‘guarantee for hidden defects’, as applicable.

Clause 10: Complaints

Please submit any complaints via email to: client@drimimen.com

Clause 11: Intellectual Property Rights

Trademarks, domain names, products, software, images, videos, text and more generally any object / intellectual property are and remain the exclusive property of the Seller.

Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited. Only the automatic indexing of the pages of the site resulting from inherent referencing in internet search engines is permitted.

Clause 12: Force majeure

The Seller’s obligations shall be suspended in the event of an unplanned event or force majeure that prevents its reasonable execution. The Seller will notify the Customer of the occurrence of such an event as soon as possible.

Clause 13: Cancellation and modification of the contract

The cancellation of one part of the present contract does not affect other elements of the contractual agreement. Contractual modification is valid only after a written agreement signed by the parties.

Clause 14: Protection of personal data

In accordance with the Data Protection Act of 6 January 1978, the Customer has the right to query, access, modify, oppose and amend any personal data held by DRIMI SAS. By adhering to these general conditions of sale, he consents that the seller collects and uses personal data for the performance of this contract. By entering his email address on the site, the customer agrees to receive emails containing information and product promotions by DRIMI SAS and its partners. The Customer can unsubscribe at any time through the unsubscribe link at the end of emails.

Clause 15: Applicable law and jurisdiction

All clauses in these General Terms and Conditions of Sale, as well as the purchases and sales to which they relate, are subject to French law.

Any dispute between the Seller and the Customer resulting from the formation, interpretation or execution of the sales contract will, failing an amicable solution, fall within the jurisdiction of the courts in Paris.