GENERAL TERMS AND CONDITIONS OF SALE

From the website MIM & TECH hosted on the online store www.mim-tech.fr
Applicable version as of March 1, 2022

Article 1 – Preliminary Provisions

1.1 These general terms and conditions

of sale (hereinafter "GTC") apply in their entirety and constitute the conditions of all offers and sales of standard products (hereinafter "Standard Products") or customized products (hereinafter "Customized Products"), collectively referred to as "Products", by the company MIM & TECH (hereinafter the "Seller") to any consumer customer residing within the European Union and Switzerland (hereinafter the "Customer"), on the online store www.mim-tech.fr (hereinafter the "Site").

1.2 The Customer

can consult the GTC at any time on the Site by clicking on the "General terms and conditions of sale" tab at the bottom of the homepage. The applicable GTC are those in effect at the time of the Customer's order on the Site.

1.3 The Products

are intended for personal use only; no order can be made for resale or transformation of the Products without prior written authorization from the Seller.

Article 2 – Ordering Products

2.1 Selecting Products The Customer must select the Product of their choice by clicking on the desired Product and, if applicable, the desired quantity, then clicking "Add to cart." With each addition of a Product, an updated total amount of selected Products is presented to the Customer. The Customer can add new Products by clicking "Continue shopping" or proceed with the order by clicking "Checkout."

2.2 Viewing the Cart

The Customer can view the items in their cart at any time by clicking on the cart icon. The cart summary allows the Customer to add quantities of Products or delete selected Products.

2.3 Order Confirmation

After verifying the order details (essential characteristics of the Products, price, quantity, and references of the Products), the Customer is invited to click "Checkout."
To proceed with the Product order, the Customer is invited to:

• If they do not have a Customer account and do not wish to create one, order as a guest. To do this, the Customer must provide their email address, first name, and last name;
• If they do not already have a Customer account and wish to create one, provide their email address, first name, and last name, and also create a password and optionally, their date of birth;
• If they already have a Customer account, log in by entering their email address and password and clicking "Continue."

Depending on the option chosen by the Customer and after filling in the required fields, the Customer must click the "Customer data privacy message" checkbox and the "I accept the general terms and conditions and the privacy policy" checkbox. The selection of the "Receive offers from our partners" and "Receive our newsletter" checkboxes is optional for the Customer.

2.4 Selecting Delivery Method and Payment Method

Once correctly identified, the Customer must fill in the information regarding the billing address, delivery address if different, delivery method, and chosen payment method.

2.5 Finalizing the Order

To finalize the order, the Customer must:

• Verify the summary of selected Products (quantities, references, and prices);
• Accept the present GTC by checking the "I have read and accept the general terms and conditions of sale without reservation" box after reading them via the hyperlink provided.

The Customer must then click "Order with payment obligation" before proceeding to payment.
The order is firm and final upon effective payment.

2.6 Order Confirmation

Once the Product order is confirmed and payment validated as specified below, a printable and recordable acknowledgment of the Customer's order is displayed.
A copy of the order acknowledgment is automatically sent to the Customer by email to the provided email address and includes the following information: order number, indication of ordered products and quantity, delivery method, paid amount, delivery address, billing address.

Article 3 – Financial Terms

3.1 Product Prices

The price of the Products is displayed in euros on the Site and includes VAT. The Seller may change its prices at any time on the Site, noting that Products will be billed at the price displayed on the Site at the time of the order.

3.2 Payment Methods

The Customer can pay for the order by credit card (VPAY, VISA ELECTRON, VISA, MASTERCARD, MAESTRO, E-CARTE BLEUE or CB) via PayPal or PayPlug.
Creating a PayPal or PayPlug account is not mandatory to make a purchase on the online store's website.
To pay for the order, the Customer must enter their bank details via the payment module of the Seller's partner, Banque Populaire, whose payment pages use the TLS protocol and are PCI-DSS certified, and click "Validate."

The Customer guarantees to the Seller that they have all the necessary authorizations to use the chosen payment method. By providing their credit card number, the Customer authorizes the Seller's bank to debit the total order amount. Payment information is neither processed nor stored on the Site. Credit card payments are debited at the time of the order.

Article 4 – Product Delivery

4.1 Delivery Methods

The delivery of ordered Products will be made to the Customer's home (hereinafter the "Delivery"). No order preparation will take place on Saturdays and Sundays.

Delivery is made from Monday to Saturday by DPD in mainland France, Corsica, French overseas territories, Switzerland, and European Union countries. Unless otherwise indicated on the Site and subject to Product availability, Products are delivered at least five (5) business days after order confirmation. Delivery to Great Britain is carried out by DPD UK.
The delivery charges are based on the weight of the Products ordered by the Customer and are the sole responsibility of the Customer.
In case of absence during Delivery at the indicated address, a notice will be left in the mailbox: it is then possible to pick up the package at a post office within 15 days following the notice. If the deadline is exceeded, the package will be returned to MIM & TECH.
Customer service will contact the Customer for possible reshipment at the Customer's request and expense. Without a response from the Customer within 30 days, the Seller will cancel the order and proceed with a refund, deducting delivery charges. In the case of Delivery by CHRONOPOST, return shipping fees will also be deducted from the order refund.

4.2 Delivery Delays

Delivery times are given as an indication by the Seller.

In case of the Seller's failure to deliver the Products at the end of the legal thirty (30) days from the order, and unless the failure is due to a force majeure event, the Customer may cancel the order by registered letter with acknowledgment of receipt or by writing on another durable medium if, after instructing the Seller in the same manner to deliver the Products within an additional reasonable period, the latter has not done so.

The order is considered canceled upon receipt by the Seller of the letter or writing informing them of this cancellation unless the Seller has performed in the meantime.

When the order is canceled, the Seller must reimburse the Customer for all amounts paid no later than fourteen (14) days following the date the order was terminated. Penalties will apply in case of a refund delay of:

• 10% if the refund occurs within 30 days beyond this term;
• 20% up to 60 days;
• 50% beyond.

Article 5 – Right of Withdrawal

Upon receipt of the order, the Customer has the option to exercise their right of withdrawal and return the Product if not satisfactory.

To exercise their right of withdrawal and in accordance with Article L.221-21 of the Consumer Code, the CUSTOMER must notify their decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to

MIM&TECH

10 RUE DU BALLON D'ALSACE

68520 BURNHAUPT-LE-HAUT

(France)

Download

To comply with the withdrawal period, the Customer must send their communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of Withdrawal

In case of withdrawal by the Customer, the Seller commits to refund the total amount paid, including delivery costs (except additional costs resulting, if applicable, from the Customer's choice of a delivery method other than the standard delivery method offered by the Seller) without undue delay and, in any case, no later than fourteen (14) days from the day the Seller receives the returned Product (Article L.221-24 of the Consumer Code).

The Seller will proceed with the refund using the same payment method that the Customer used for the initial transaction, unless the Customer expressly agrees to a different method; in any case, this refund will not incur any fees for the Customer.
The Seller is not required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.
The Seller may defer the refund until receipt of the goods or until the Customer has provided proof of shipment of the goods, whichever date is earlier.

5.1 Purchase of Customized Products

In accordance with Article L. 221-28 of the Consumer Code, the Customer does not have the right of withdrawal on the purchase of Customized Products.

5.2 Purchase of Standard Products

The Customer has a period of fourteen (14) days from the day of Product delivery to withdraw, by sending the Seller the withdrawal form below or a withdrawal letter (mentioning the information listed in the withdrawal form below):

• By mail to: MIM&TECH, 74 rue Villebois-Mareuil 92230 Gennevilliers
• By email to: contactclient@mim-tech.fr

When the withdrawal period expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day.
Once the Customer has informed the Seller of their intention to withdraw, they have fourteen (14) days to return the Products to the Seller by postal mail, in their entirety and in their original packaging, to the following address:

MIM&TECH
10 RUE DU BALLON D'ALSACE
68520 BURNHAUPT-LE-HAUT
(France).

The Seller reserves the right to refuse the exercise of the right of withdrawal to any Customer who has returned or returned one or more Product(s) whose value would be depreciated due to poor storage conditions or handling other than those necessary to establish the nature and characteristics of the Products.
Regarding the purchase of aerosols and paint, the Seller reserves the right to refuse products returned by the Customer showing signs of use by the latter.
Upon receipt of the Product(s) and after checking the condition of the returned Products, the Seller will proceed with the refund of the full price paid for the returned or returned Product(s) and delivery costs. The refund will be made using the payment method chosen by the Customer during the order on the Website.

Article 6 – Legal guarantees applicable to products

It is the Customer's responsibility to immediately check the condition and packaging of the Products upon Delivery. If the Products do not conform to the order, the Customer shall, within 48 hours following Delivery, send a claim by email to contactclient@mim-tech.fr to the Seller to obtain the replacement of the non-conforming Product or the missing Product or possibly the resolution of the order and the refund of the Products.

The Seller is liable for conformity defects of the Products, subject of the order, under the conditions of Article L. 217-4 and following of the Consumer Code and hidden defects of the sold item under the conditions provided for in Articles 1641 and following of the Civil Code.

When acting under the legal warranty of conformity, the consumer:

• has a period of two years from the delivery of the goods to act;
• may choose between repairing or replacing the goods, subject to cost conditions provided for in Article L. 217-9 of the Consumer Code;
• is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

The Customer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, the consumer may choose between cancelling the sale or reducing the selling price in accordance with Article 1644 of the Civil Code.

Article 7 – Liability

The Products comply with current French legislation. The Seller's liability cannot be engaged if the Customer does not comply with the normal conditions of storage or use of the Products.

Article 8 – Intellectual Property

The Website, the name "www.mim-tech.fr", the Product descriptions, texts, images, and, more generally, all content distributed on the Website are protected by intellectual property rights and are the exclusive property of the Seller.

Accordingly, no one is authorized in any way to reproduce, represent, distribute, modify, or grant any part of the elements of the Website without the express and prior consent of the rights holders. The total or partial reproduction, imitation, or representation of the Seller's intellectual property rights, and in particular the total or partial reproduction of the visuals of the advertisements presented on the Website, may constitute infringement sanctioned by the provisions of the Intellectual Property Code and/or a tortious act liable to engage the civil liability of the offenders to the aforementioned rights.

Article 9 – Personal Data

During the Customer's navigation on the Website or when ordering Products on the Website, the Seller collects personal data concerning the Customer. This data is used under the conditions provided by the Seller's Privacy Policy at :

https://mim-tech.fr/content/politique-confidentialite, which the Seller invites the Customer to read.

Article 10 – Applicable Law and Jurisdiction

These Terms and Conditions are governed by French law.

In the event of a dispute, the Customer has the option of using a free mediation procedure. To do so, the Customer can contact the following mediator:

CM2C
14 rue Saint Jean
75017 Paris
01 89 47 00 14

To use this mediation procedure, the Customer must first address their complaint to the Seller by registered letter with acknowledgment of receipt. In the absence of a satisfactory response within one month, the Customer may contact the mediator according to the procedures provided by the mediator on their website.

This mediation is optional, confidential, and free, except for any lawyer or expertise fees which may be borne by the Customer, if applicable.

The mediator will not examine the dispute when:

• the Customer does not prove having previously attempted to resolve their dispute directly with the Seller through a written complaint;
• the request is manifestly unfounded or abusive;
• the dispute has already been examined or is being examined by another mediator or court;
• the Customer has filed their request with the mediator more than one year after their written complaint to the Seller;
• the dispute is not within the mediator's competence.

Additionally, the Customer has the option to settle disputes via the European Online Dispute Resolution (ODR) platform established by Regulation No. 543/2013 and accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. The European Commission will transfer the Customer's complaint to the competent mediator if necessary.

Finally, the Customer may choose to bring their case before the competent courts of the jurisdiction of the Seller's registered office or the competent courts of the jurisdiction of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event.