1. IDENTIFICATION AND DEFINITIONS

- CREATURE MARSEILLE - The Seller : CREATURE MARSEILLE SAS, registered in the MARSEILLE Trade and Companies Register under number 928 448 695.

Contact :

• Postal address : 33 rue Paul Codaccioni, 13007 Marseille

• Email address: pauline@creature-marseille.com

- Site: Refers to the merchant website accessible at the address www.creature-marseille.com

- Article : Refers to the product on sale on the Site.

- Customer : non-commercial natural or legal person placing the Order and holding full legal capacity.

- Order : commitment to purchase all of the Items selected by the Customer via the Site’s e-commerce service.

2. APPLICATION OF THE GENERAL CONDITIONS OF SALE

These general terms and conditions of sale (the “ GTC ”) apply exclusively, without restriction or reservation, to any Order for an Article placed via the Site by any Customer with CREATURE MARSEILLE.

Given possible developments to the Site and regulations, CREATURE MARSEILLE reserves the right to modify the T&Cs at any time. The new T&Cs will, where applicable, be brought to the attention of the Customer by online modification. The general terms and conditions of sale applicable to any sale are those appearing on the Site at the time the Order is placed.

Any Order on the Site is subject to consultation and prior and unreserved acceptance by the Customer of the General Terms and Conditions and applicable prices.

Validation of an Order following the order procedure offered on the Site constitutes acceptance of the General Terms and Conditions and associated costs.

These T&Cs take precedence over any other document.

3. ORDERING AND PURCHASING ON THE SITE

3.1 ELIGIBILITY

In order to place an order on our website, you must have the legal capacity to do so and not purchase a product with the intention of reselling it.

3.2 HOW TO ORDER

1. Visit our website www.creature-marseille.com and find the products you wish to order.

2. Add the products to your cart by clicking on the “Add to Cart” button.

3. Once you have finished your selection, place the mouse cursor over the shopping cart and check its contents. Confirm by clicking on the "Payment" button.

4. If you already have an account in our online store, log in using your email address and password in the "Log in" section.

5. If you do not yet have an account in our online store, you can enter your email address in the "Your email" section and click on the "Continue" button.

6. Choose a delivery method. For more information, refer to articles 6 and following

7. Double check your shipping and billing addresses

8. Choose your payment method and proceed to payment. For more information, refer to articles 4 and following

9. Check your order.

Validation of the Order by the Customer constitutes confirmation of the Customer's acceptance of the General Terms and Conditions, of the Items purchased as described in the photos, of their price and of the associated costs.

After validation of the payment, CREATURE MARSEILLE sends the Customer an e-mail confirming their Order.

Any Order is subject to prior acceptance by CREATURE MARSEILLE and is only definitively confirmed after receipt by the Customer of an e-mail confirming the shipment of the Item(s). The Customer formally accepts the use of e-mail for confirmation by CREATURE MARSEILLE of the content of his Order.

The Customer may obtain the invoice relating to any Order by sending an e-mail specifying the number of the Order concerned to pauline@creature-marseille.com

If the Customer does not receive any email following their Order, it is their responsibility to contact CREATURE MARSEILLE customer service: pauline@creature-marseille.com

CREATURE MARSEILLE cannot be held responsible in any way in the event of an input error or transmission of an input error preventing the delivery of the confirmation email and/or the Articles.

For any questions relating to the tracking of an Order, the Customer must consult their Account on the Site or contact customer service: pauline@creature-marseille.com

CREATURE MARSEILLE reserves the right to remove any Article displayed on the Site at any time and to replace or modify any content or information contained therein. Despite CREATURE MARSEILLE's best efforts to meet its customers' expectations, it may be necessary for the latter to refuse to process an order after having sent the Customer the confirmation email summarizing the Order.

CREATURE MARSEILLE cannot be held liable to the Customer or a third party for the decision to remove an Item from the Site, or for the decision to replace or modify any content or information appearing on this Site, or for the refusal to process an Order after sending the confirmation email summarizing the Order.

3.3 REFUSAL OF AN ORDER OR CANCELLATION OF A PURCHASE

CREATURE MARSEILLE reserves the right to refuse an order for just cause.

CREATURE MARSEILLE also reserves the right to cancel a purchase (order accepted) for just cause.

Justified refusals of orders and cancellations of purchases do not give rise to any compensation, but to the reimbursement of the price of the products if this has been paid.

Justifiable reasons include: product not available in stock; incorrect or unverifiable bank details; order identified as unusual or susceptible to fraud; we have reason to believe that your purchase is intended for resale; the sale price indicated on the website contained an error; the address you provided to us does not fall within the geographical delivery perimeter; we have reason to believe that you wish to plagiarize our products.

3.4 DATA CONTROL

CREATURE MARSEILLE reserves the right to control the personal and banking data that you provide when creating your account or any order.

4. PRICE AND PAYMENT

4.1 PAYMENT METHODS

Payment by bank card:

For this type of transaction CREATURE MARSEILLE uses the services of Stripe.

4.2 RETENTION OF TITLE

CREATURE MARSEILLE retains ownership of its products until full payment of the price of its products has been received.

4.3 PRICE

The prices of the Articles are indicated on the Site in Euro, value added tax (“VAT”) included, but excluding:

• shipping costs, the amount of which is specified before validation of the Order on the Site in the “Deliveries and Returns” section;

• customs fees and other taxes, which must be paid by the Customer directly to the carrier; and

• additional costs related to possible costs of converting a foreign currency, depending on the payment method chosen by the Customer

Prices take into account any reductions applicable on the day of the Order.

Any new taxes or contributions, particularly environmental ones, may be passed on to the sale price of the Articles.

CREATURE MARSEILLE reserves the right to modify the prices of the Articles at any time, the Articles being invoiced on the basis of the rates in effect at the time of validation of each Order, subject to availability.

The price of the Items invoiced to the Customer is the price indicated in the Order confirmation sent to the Customer by email.

Shipping costs are not included in the prices indicated on the products. Shipping costs depend on the chosen delivery method and the delivery location. Shipping costs must be added to the product prices to calculate the total amount to be paid.

For international deliveries, customs fees and other taxes are not included in the price displayed on the site. These fees must be paid by you directly to the carrier upon receipt of the product.

4.4 PRICING ERRORS

In the event of a manifest error in the price of a product, CREATURE MARSEILLE is not bound by its offer and will give you the option of cancelling your order or confirming it at the actual price of the product which will be communicated to you by CREATURE MARSEILLE.

5. TRANSACTION SECURITY

CREATURE MARSEILLE uses an SSL (Secure Socket Layer) protocol to secure transactions. It is currently one of the most effective encryption protocols. Your banking information is encrypted throughout the payment process and is not stored on a public server.

Despite all our efforts to secure payments, there is always a small risk of fraud. CREATURE MARSEILLE cannot be held responsible for damages resulting from the use of electronic means of communication and payment.

6. SHIPPING AND DELIVERY

6.1 DELIVERY

- We deliver products to France, the European Union, Switzerland and many countries around the world (the list of countries is available at the time of ordering and may vary depending on the product category and the geopolitical context. CREATURE MARSEILLE reserves the right to modify the list of countries eligible for delivery without having to provide any specific justification).

- We ship your orders within 2 to 3 days, Monday through Friday. Orders placed on Saturdays, Sundays and public holidays are processed the following business day.

In the event that the delivery address you have provided to us is incorrect or if the delivery service is unable to deliver your package for reasons attributable to you, the cost of reshipping the package that has been returned to us will be at your expense.

6.2 DELIVERY METHOD AND TIMES

CREATURE MARSEILLE offers three types of delivery:

• Standard delivery by Colissimo: in France (between 3 and 4 working days)

• Standard Delivery by Colissimo: Other countries outside France (between 7 to 10 working days)

• Delivery by carrier: in France (only for products in the Collaboration category)

• Pick-up from our workshop located in Marseille (by appointment).

If the Customer chooses the option to collect his Order from our workshop in Marseille, we will send him an email from the address creature-marseille.com indicating that we will call him to arrange a time slot for collecting the Order. No Delivery will be possible without prior appointment.

Delivery is deemed to have been made upon the Order being made available to the Customer in person against receipt.

If the Customer fails to collect their Order from the CREATURE MARSEILLE premises in Marseille on the agreed dates and times, a new collection slot must be decided, but no refund will be made.

6.3 SPLIT DELIVERY

CREATURE MARSEILLE tries as much as possible to deliver all the products of your order in one go and as soon as possible. However, CREATURE MARSEILLE reserves the right to deliver the products of your order in stages in cases where for reasons of logistics or availability of products in stock a delivery in one go would be impossible. In such a case you will be informed by email and no additional shipping costs will be charged to you.

7. SHIPPING COSTS

7.1 SHIPPING COSTS

The amount of shipping costs depends on the type of delivery chosen. When ordering, this amount is indicated to you when you choose the delivery method.

8. RETURNS AND CANCELLATIONS

8.1 RETURNING DEFECTIVE PRODUCTS AFTER DELIVERY

CREATURE MARSEILLE is bound by the legal guarantee of conformity and that relating to defects in the item sold. This legal guarantee of conformity is 24 months.

The Customer is invited to check the conformity of the Products received in execution of his order and, in the event of a defect found, to contact the Customer Service of the CREATURE MARSEILLE Online Store who will ensure its support by indicating the terms of return and replacement or reimbursement.

The replacement product will not be delivered until CREATURE MARSEILLE has received the defective product.

If the replacement of the Product is impossible or cannot be implemented within one (1) month from receipt of the Product in question by CREATURE MARSEILLE, the Customer will then have the option of returning the Product and requesting a refund or keeping the Product and receiving a partial refund of the price.

If the Products returned by the Customer do not correspond to the Products ordered and have an origin other than the CREATURE MARSEILLE Online Store, CREATURE MARSEILLE will not be bound by its obligations described in the articles above.

8.2 RETURNING PRODUCTS AFTER DELIVERY WITHOUT GIVING REASONS – RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order to terminate the contract of sale of the products concluded during the validation of the order. In the event that the products have already been delivered to the Customer, the latter must return them to CREATURE MARSEILLE, without having to justify reasons or pay penalties.

9. REIMBURSEMENT INFORMATION

The cost of returning defective products or those that do not match your order will be fully refunded (shipping costs and return costs).

10. PROMOTIONAL CODES (DISCOUNTS)

A promotional code gives the right to a one-off discount for the purchase of one or more products under the conditions provided for in the promotional code.

Promotional codes are personal. Promotional codes are inalienable and may not be sold, bartered, exchanged or made available to the public free of charge or for a fee on a website or any other communication medium without the prior, express and written authorization of CREATURE MARSEILLE.

Promotional codes published by CREATURE MARSEILLE can only be used on the website www.crature-marseille.com

You can only use one promotional code per product.

Promotional codes cannot be combined with other promotions.

Promo codes are not redeemable for cash.

Promo codes are non-refundable.

CREATURE MARSEILLE reserves the right to cancel a promotional code when it is not used in accordance with the above.

11. AVAILABILITY

If, despite the care we take in managing our stocks, an order has been validated while the product(s) ordered is not or are not available in stock, CREATURE MARSEILLE reserves the right to offer you other replacement products or to cancel the order.

If you cancel your order, you will have the choice between a refund and a credit.

12. VALIDITY OF OFFERS

Our offers are valid for the entire period they are visible on our website or between the dates indicated if it is a fixed-term commercial operation.

In the event of a manifest error in the offer, CREATURE MARSEILLE is not bound by its offer and will give you the option of cancelling your order or confirming it under the actual conditions of the offer.

13. RESPONSIBILITY

CREATURE MARSEILLE is only liable in the event of a breach of its contractual obligations under the terms of the legislation in force.

CREATURE MARSEILLE cannot be held liable for any damage suffered by a third party resulting from the use of one of our products.

CREATURE MARSEILLE cannot be held liable for any damage resulting from the improper use you make of one of our products.

CREATURE MARSEILLE is not responsible for any damages resulting from incorrect information on its websites.

14. USER GENERATED CONTENT

Any content added to the site www.creature-marseille.com by users of the site (opinions, ideas, comments, votes, articles, photographs, films, drawings, creations in particular) and made public on the site becomes the property of CREATURE MARSEILLE.

CREATURE MARSEILLE reserves the right to use it, to publish or not the content added by users and in any way whatsoever.

15. LINKS TO OTHER SITES

CREATURE MARSEILLE is not responsible for the use or content of the websites to which it provides links.

CREATURE MARSEILLE is not responsible for the use or content of websites that provide a link to the CREATURE MARSEILLE website.

16. INTELLECTUAL PROPERTY RIGHTS

The reproduction or representation, in whole or in part, of the pages, data and any other constituent element of the creature-marseille.com site, by any process or medium whatsoever, without prior written authorization from CREATURE MARSEILLE, is prohibited (with the exception of copies for private use and those made for press purposes) and constitutes an infringement punishable by the Intellectual Property Code, likely to incur the civil and/or criminal liability of its author.

17. PROTECTION OF PERSONAL DATA

The Customer is informed and accepts that his/her personal data may be collected on the Site and used by CREATURE MARSEILLE, which acts as data controller within the meaning of Law 78-17 of January 6, 1978 relating to Information Technology, Files and Liberties as amended on January 20, 2017 and as it will be amended by the General Data Protection Regulation (EU) 2016/679 dated April 27, 2016 (hereinafter the " Information Technology and Liberties Law ").

CREATURE MARSEILLE undertakes to protect and ensure the security and confidentiality of its Customers' personal data in accordance with the Data Protection Act, in particular by taking all useful precautions to prevent this data from being distorted, damaged or accessed by unauthorized third parties. It is specified that the Site is hosted by Squarespace, Inc., which provides CREATURE MARSEILLE with an online e-commerce platform for selling products and services and that the Customer's personal data is stored via Squarespace, Inc.'s data storage, its databases and the general Squarespace application. Squarespace stores this personal data on a secure server protected by a firewall.

In the event of a personal data breach, CREATURE MARSEILLE notifies the CNIL of the breach in question as soon as possible. If the personal data breach is likely to result in a high risk to the rights and freedoms of a Client, CREATURE MARSEILLE informs the person concerned of the personal data breach as soon as possible.

The personal data of Customers may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the Data Protection Act, intervene and contribute directly to the management of Orders and for whom it is absolutely necessary to access the personal data provided by the Customer when creating and using their Account (identity, postal address, telephone number, email address). Subcontractors may only act on instructions from CREATURE MARSEILLE.

Personal data is also retained for security purposes, in order to comply with legal and regulatory obligations and in order to enable CREATURE MARSEILLE to improve and personalize the services offered to Customers and to inform them of offers and commercial information related to the brand.

The Client’s personal data is only kept for the period strictly necessary for the purposes set out above. In particular, the Client’s personal data that is collected:

• for the purposes of managing Orders and Customer relations and informing Customers may not be kept beyond the period strictly necessary for managing the commercial relationship with the Customer;

• for commercial prospecting purposes may be kept for a period of three years from the end of the commercial relationship with the Client.

The personal data of the non-customer prospect may be kept for a period of three years from their collection by CREATURE MARSEILLE or from the last contact from the prospect.

If the Customer chooses a direct payment gateway to complete their Order, Squarespace stores their credit card data, which is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). The data relating to the purchase transaction is retained only for the time necessary to complete the purchase transaction and is deleted once the purchase transaction is complete.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a collaborative effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by CREATURE MARSEILLE and its service providers. For more information, the Customer is encouraged to read Shopify's Terms of Service (https://www.shopify.com/legal/terms) or Privacy Policy (https://www.shopify.com/legal/privacy).

In accordance with the Data Protection Act, the Client has the right to access, rectify and object to personal data concerning him/her and the right to lodge a complaint with a supervisory authority, the right to limit processing, the right to erase data and the right to data portability (hereinafter the “ Data Protection Rights ”).

To exercise one or more of the Data Protection Rights, the Customer must send a request by e-mail or by post to the contact details below, indicating their surname, first name, e-mail address and customer references:

CREATURE MARSEILLE

Pauline PARANTHOËN 33 rue Paul Codaccioni, 13007, Marseille

Email: pauline@creature-marseille.com

Each request must be signed and accompanied by a photocopy of an identity document bearing the Client's signature and specify the reply address.

The response to the request made on the basis of one or more Data Protection Rights will be sent within 1 month following receipt of the request. CREATURE MARSEILLE may retain data relating to identity documents, from receipt of these documents, for one year for the exercise of the right of access and for three years for the exercise of the right of opposition.

The Customer can also access information concerning him/her and possibly make any necessary corrections directly on the Site by going to his/her account.

The Client may communicate to CREATURE MARSEILLE specific instructions in which he or she defines the manner in which he or she intends that the Data Protection Rights and Freedoms be exercised after his or her death in accordance with the Data Protection Act.

18. COMMERCIAL OFFERS AND NEWSLETTERS

CREATURE MARSEILLE may send Customers information relating to the Articles and commercial offers by post, e-mail, text message, telephone or via all of the web spaces managed by CREATURE MARSEILLE on social networks, subject to prior acceptance.

The Customer has the option at any time to object, free of charge, to these commercial prospecting mailings:

• if by mail, by making his request by means of an unambiguous declaration to the e-mail address pauline@creature-marseille.com or to the following address: Pauline PARANTHOËN 33 rue Paul Codaccioni, 13007, Marseille;

• if by email, by clicking on the “unsubscribe” link at the bottom of each email;

• if by text message, by replying STOP to the text message; and

• if via all the web spaces hosted by CREATURE MARSEILLE on social networks, by unsubscribing from the CREATURE MARSEILLE page.

19. COOKIES

When consulting the Site, information relating to the Customers' browsing may be recorded in "cookie" files installed on their terminal (computer, tablet, smartphone).

These cookies are issued in order to facilitate navigation on the Site and make it possible to recognize the Customers' browser when they are connected to the Site.

Cookies are only installed after acceptance by the Customer, continued browsing on the Site being deemed acceptance.

Most browsers accept cookies automatically, but the Customer can choose at any time to accept or not cookies from the settings of his browser, often located in the "Tools" or "Preferences" menu of his browser.

Any settings implemented by the Client may negatively affect their user experience and parts of the Site may no longer be accessible in their entirety.

The Site uses computer applications from third parties, which allow the Customer to share content from the Site with other people or to let these other people know their opinion about content on the Site (social networks such as Facebook, "Google+", "Twitter", etc.). When the Customer visits a page of the Site containing a "Share" or "Like" button, their browser establishes a direct connection with the servers of the social network concerned. If they are connected to the social network while browsing, the application buttons allow the pages consulted to be linked to their account. If they interact using the plug-ins, for example by clicking on the "Like" button or leaving a comment, the corresponding information will be transmitted to the social network concerned and published on their account. If the Customer does not want social networks to link the information collected via the Site to their account, they must log out of the social network concerned before visiting the Site.

CREATURE MARSEILLE is in no way responsible in any capacity whatsoever for the content or operation of any social networks, including those that may be linked to the Site. To understand how social network sites use information about the Client's activities on our website and on the internet, the Client is invited to read their respective terms of use and privacy policies.

20. NON-WAIVER

No tolerance, inaction or inertia on the part of CREATURE MARSEILLE may be interpreted as a waiver of its rights under the T&Cs.

21. PARTIAL DISABILITY

If one or more provisions of the T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.

22. APPLICABLE LAW – COMPETENT JURISDICTION

The T&Cs are subject to French law.

In the event of a dispute, the Client and CREATURE MARSEILLE may resort to conventional mediation. In this regard, CREATURE MARSEILLE informs the Client of the existence of alternative methods of dispute resolution such as mediation or arbitration.

The Customer may contact the dispute resolution platform set up online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ .

Any dispute relating to the execution or termination of a sale, to the interpretation, execution or termination of these General Terms and Conditions is subject, in the absence of an amicable agreement, to the legally competent courts.