Between the Company PONGH!, 1 Allée du Parc, 11300 Saint-Martin-de-Villereglan, registered in the Carcassonne Trade and Companies Register SIRET 790 473 169 – 00031, represented by Mr. M. HARMEIJER, as duly president authorized for the purposes hereof. The company can be reached by email by clicking on the contact form accessible via the site's home page. Hereinafter the “Seller” or the “Company”.

On the one hand, And the natural or legal person purchasing products or services from the company, Hereinafter, "the Buyer", or "the Customer" On the other hand, It has been explained and agreed what follows :

PREAMBLE

The Seller is a publisher of PONGH! products and services! exclusively aimed at consumers, marketed through its websites (https://mischaharmeijer.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.

Article 1: Purpose and general provisions

These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products offered by the Seller.

These General Conditions of Sale (CGV) apply to all sales of Products, made through the Company's websites which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The T&Cs applicable then are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. These General Terms and Conditions can be consulted on the Company's website at the following address: https://mischaharmeijer.com/conditions-generales-de-vente/. The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click. The Customer declares to have read all of these General Conditions of Sale, and where applicable the

Special Conditions of Sale linked to a product or service, and accept them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure the suitability of the offer to his needs. The Client declares that he is able to legally contract under French laws or validly represent the natural or legal person for whom he is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 2 Price

The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects from the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. If applicable, also the delivery costs.

Article 2.1 Price

The Company reserves the right to change the prices at any time of products and services purchased on subscription by the consumer.

Article 3: Conclusion of the online contract

The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete their order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, where applicable its options and indication of the Customer's essential data (identification, address, etc.); ➢ Acceptance of these General Conditions of Sale. ➢ Verification of order elements and, where applicable, correction of errors. ➢ Follow-up of payment instructions and payment of products. ➢ Delivery of products. The Customer will then receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .pdf copy of these general conditions of sale. For delivered products, this delivery will be made to the address indicated by the Customer. For the purposes of successful completion of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide true identification information. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 4: Products and Services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company's websites. The customer certifies having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honor the Customer's order within the limits of available Product stocks only. Failing this, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are subject to a summary and confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Except under specific conditions, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address provided). In accordance with legal provisions regarding compliance and hidden defects, the Seller refunds or exchanges defective products or products that do not correspond to the order.

Article 5: Retention of Title

The products remain the property of the Company until the full payment of the price.

Article 6: Terms of delivery

The products are delivered to the delivery address which was indicated when ordering and the time indicated. This deadline does not take into account the order preparation time. In the event of late delivery, the Customer has the possibility of resolving the contract under the conditions and terms defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the outgoing costs. » under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of local communication from a landline) indicated in the order confirmation email in order to monitor the order. The Seller points out that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is up to the Customer to notify the carrier of any reservations about the delivered product.

Article 7: Availability and presentation

Orders will be processed within the limits of our available stocks or subject to stocks available from our suppliers. If an item is unavailable for a period of more than 90 working days, you will be immediately informed of expected delivery times and the order for this item may be canceled upon simple request. The Customer can then request a credit for the amount of the item or its reimbursement.

Article 8: Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer can make payment by Paypal or bank transfer.

Article 9: Cancellation period

In accordance with article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception , where applicable, return costs. “The period mentioned in the preceding paragraph runs from receipt for the goods or acceptance of the offer for the provision of services”. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; If possible, they must be accompanied by a copy of proof of purchase.

Article 10: Guarantees

In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects in the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed.

Article 11: Intellectual Property Rights

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is carried out through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 12: Force Majeure

The fulfillment of the obligations of the seller at the end of the present contract is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. The seller shall notify the customer of the occurrence of such an event as soon as possible.

Article 13: nullity and modification of the contract

Should any of the provisions of this Agreement be canceled, such nullity shall not result in the invalidity of any other provisions which shall remain in force between the parties. Any modification of the contract is valid only after written agreement signed by the parties.

No right of withdrawal
In accordance with article L 121-20-4 of the Consumer Code, event tickets are not subject to a right of withdrawal. An event ticket cannot be refunded even in the event of loss or theft, nor returned or exchanged, except in the event of cancellation of the event and a decision by the organizer to refund the tickets. A ticket also cannot be resold. During the check at the entrance to the event venue, you may be asked for a valid piece of ID with a photo and it must correspond to the name written on the ticket if it is nominative.

Article 14: Protection of personal data

In accordance with the Data Protection Act of January 6, 1978, you have the rights to question, access, modify, oppose and rectify personal data concerning you. By adhering to these general conditions of sale, you consent to our collection and use of this data for the performance of this contract. By entering your email address on one of the sites in our network, you will receive emails containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do this, simply click on the link at the end of our emails or contact the data controller (the Company) by RAR letter. We monitor attendance on all of our sites.

Article 15: Applicable law

All the clauses in these general conditions of sale, as well as all the buying and selling transactions referred to herein, will be subject to French law.

“Our general conditions of sale have been developed from a free and open model which can be downloaded from the site https://www.donneespersonnelles.fr/”