Terms of sale

GENERAL SALES CONDITIONS

These General Sales Conditions govern the sale of EXCESS Paris items on the website by:

The company EXCESS Paris New York, a limited liability company with a capital of 100,000 euros, located in Paris 75003 - 16, rue des Gravilliers, registered with the Trade and Companies Register under number 383 949 997 PARIS. Intra-community VAT number: FR 29 383 949 997. Placing an order implies full acceptance of these General Sales Conditions, which are accessible at any time on the website and especially at the time of order registration. We invite you to print and keep a copy of these General Sales Conditions for future reference. Unless proven otherwise, the data recorded by us constitutes proof of transactions and their date. The General Sales Conditions constitute the sole agreement between the parties and prevail over any other document. They may be modified at any time. The new General Sales Conditions will apply to any order placed after they are made available on the website.

For any information, question, advice, or order follow-up, our E-Shopping Customer Service is at your disposal:

By mail to the following address: EXCESS Paris NY Customer Service, 16, rue des Gravilliers, 75003 PARIS - France By email: excess@paris-new-york.com

1. Object

These General Sales Conditions aim to define the conditions under which Products are marketed by the company EXCESS Paris New York to the Customer. They thus govern the various stages of the sale: from the placing of the order by the Customer to the delivery of the Product to the Customer.

1. Acceptance of the General Conditions

The Customer must carefully read and accept the General Conditions before proceeding with the payment of an order for Products placed on the Site. The General Conditions are referenced at the bottom of each page via a link and must be consulted before clicking on the first "Order" button to place the order. The Customer is invited to read carefully, print the General Conditions, and keep a copy. EXCESS Paris New York advises the Customer to read the General Conditions with each new order, as the latest version of these Conditions applies to any new order of Products. By clicking on the first "Order" button to place the order and then on the second to confirm said order, the Customer acknowledges having read, understood, and accepted the General Conditions without limitation or condition.

1. Products

The Products offered for sale by EXCESS Paris New York are those listed on the Site on the day of its consultation by the Customer. Each Product will be the subject of a descriptive sheet which, in addition to the photograph, will contain: the price, available sizes and colors, composition, as well as special features. Differences between a product and its photograph may exist, depending in particular on the resolution and definition of the user's screen colors. The photographs, texts, graphics, information, and characteristics reproduced and illustrating the products presented are not contractual. If errors are present, the responsibility of EXCESS Paris New York cannot be engaged.

1. Prices

Prices are indicated in euros all taxes included, excluding delivery charges; it being specified that the value-added tax is that in force on the metropolitan French territory on the day of validation of the order. The prices applied are those communicated on the Site and confirmed to the Customer when validating the order. Delivery charges are communicated to the Customer on the order summary before its validation and are expressed all taxes included. These charges are the responsibility of the Customer and are invoiced in addition to the sale price of the Products. Prices may be modified at any time, provided that the items are invoiced on the basis in force at the time of registration of the order. The transfer of the risks of loss and deterioration of the Products will be carried out after delivery and receipt of the Products by the Customer.

1. Ordering and payment of Products

• 5.1 Order placement To be able to purchase a Product, the Customer must be at least 18 years old and have legal capacity. Orders will be received and accepted within the limits of available stocks. Customers can also contact the company EXCESS Paris New York at any time by email, at the address excess@paris-new-york.com, to obtain information on the status of their order. If despite the vigilance of EXCESS Paris New York, the ordered items are no longer available, EXCESS Paris New York will inform the customer by email or telephone as soon as possible, offering a similar product if applicable, or refunding the price by crediting it to the customer's bank account. In accordance with the law of March 13, 2000 on electronic signature, any order form signed by the customer by "double click" constitutes an irrevocable acceptance which can only be challenged in cases specifically provided for in these general sales conditions such as "right of withdrawal" and "out of stock". The "double click" associated with the authentication and non-repudiation procedure and the protection of the integrity of messages constitutes an electronic signature. This electronic signature has value between the parties as a handwritten signature. The information provided by the Customer to EXCESS Paris New York at the time of opening a customer account or when placing an order must be complete, accurate, and up to date. EXCESS Paris New York cannot be held responsible for any input errors and their consequences in terms of delays or delivery errors. In this context, all costs incurred for re-shipment will be borne by the customer.

• 5.2 Payment The price of the purchased Products is payable in full on the day of placing the order by the Customer. Payment is made online at the time of order validation by the Customer. The request for authorization to debit the payment card is made at the time of order validation on the Site, except in case of server unavailability. EXCESS Paris New York reserves the right to make a new request for authorization to debit in the event that the first request could not be completed due to server unavailability. In the event of a payment default, incorrect address, or any other problem with the Customer's account, EXCESS Paris New York reserves the right to block the Customer's order until the problem is resolved. EXCESS Paris New York remains the owner of the Products delivered until their full payment by the Customer.

1. Delivery

The items offered for sale will be delivered in Metropolitan France, including Corsica and in the countries offered on the site. You will be delivered to the address indicated when placing your order.

Any order placed on the Site from Monday to Friday before 12:00 pm will be processed the same day; after 12:00 pm, it will be processed the next day. Any order placed on Friday after 12:00 pm, Saturday, and Sunday will be processed the following Monday; it being specified that orders placed on a public holiday will be processed the next business day. In the event of exceeding the delivery time, not justified by force majeure, the Customer may request the resolution of the sale and obtain within a maximum period of 30 (thirty) days the refund of the sums paid on the occasion of the sale.

1. Receipt of the order - Complaints - Returns

The Customer is required to check the conformity of the Products received in execution of his order at the time of delivery. Any anomaly concerning the delivery (damaged package, damaged products, products not conforming to the order) must be notified within the legal deadlines following receipt of the order. This notification will be transmitted to the customer service of the EXCESS site either:

by registered mail, writing to the following address: EXCESS Paris NY - After-Sales Service

by email to excess@paris-new-york.com.

After this period, and unless hidden defect, no complaint will be accepted by EXCESS Paris New York, the Products being then deemed compliant. In the event of a shipment made by La Poste, if the package arrives open or damaged (especially with the presence of Yellow tape "La Poste"), it is essential that the customer has a "spoliation report" (constat 170) drawn up by the postman or the Post Office to which he belongs so that EXCESS Paris New York can open an investigation and a compensation procedure. The customer must also confirm this anomaly by sending to the carrier within two (2) working days following the delivery date a registered letter with acknowledgment of receipt stating said claims. The customer must simultaneously send a copy of this letter (with the original of the "spoliation report" if applicable) by simple mail to: EXCESS PARIS NY Return Service 16 rue des Gravilliers 75003 Paris. Any claim received after the deadline will be rejected. For any return of non-compliant Product, the Customer must follow the following procedure:

the customer must notify the company EXCESS Paris New York by sending an email to our E-Shopping Customer Service: excess@paris-new-york.com.

the Customer must enclose the invoice with his package. No return will be accepted without said invoice.

the Products must be returned either in their original packaging, or in packaging protecting the product against any deterioration, with their label and any accessories allowing their new marketing, to the following address: EXCESS Paris NY - After-Sales Service, 16 rue des Gravilliers, 75003 Paris

The risks related to the return are the exclusive responsibility of the Customer.

Return costs are borne by the customer. A request must be made in advance on the Site.

When the non-conformity has been established, EXCESS Paris New York will offer the Customer either:

the replacement of the Product(s), or,

the refund of the order price (price of the Products and delivery costs), at the latest within thirty (30) days from the date of sending the notification of confirmation of the non-conformity by the EXCESS site customer service.

In case of refund, EXCESS will ensure the reimbursement of the total amount of the products made compliant.

Cash on delivery returns are not accepted. Upon receipt of a non-compliant item, EXCESS covers the refund of postal return costs up to the tariff grid (Colissimo delivery without recommendation) displayed by La Poste on March 1 of the current year. The Customer must provide proof of the return costs incurred to the Customer Service, by email or by mail. In the event of abnormal or abusive complaints, EXCESS Paris New York may refuse to fulfill a subsequent order.

1. Right of withdrawal

The Customer has a period of fourteen (14) working days from the date of receipt of his order to return the ordered Products. For any return under the right of withdrawal, the following procedure must be fully respected:

the customer must notify the company EXCESS Paris New York by sending an email to our E-Shopping Customer Service: excess@paris-new-york.com or via the Site.

the Customer must enclose the invoice with his package. No return will be accepted without said invoice.

the Products must be returned in their original packaging, with their label and any accessories, in impeccable condition to: EXCESS Return Service, 16 rue des Gravilliers, 75003 Paris - France

EXCESS recommends that the customer return his products by tracked parcel, with a recommendation or additional insurance guaranteeing, if necessary, the compensation of the products up to their actual market value in the event of spoliation or loss of this merchandise.

return risks are the exclusive responsibility of the Customer.

Return costs are borne by the customer.

Subject to the above conditions, EXCESS Paris New York will refund the VAT amount of the order to the Customer (product price) excluding delivery costs and shipping costs. The Customer's bank account will be credited with said amount, within thirty (30) days from the receipt of the Products by EXCESS Paris New York.

1. EXCESS Warranty

The items offered comply with current regulations. They benefit from the know-how and quality of EXCESS Paris New York. Thus, they are guaranteed against any manufacturing defect. If such a defect occurs, EXCESS Paris New York undertakes to repair your purchase free of charge, or to exchange it. In the event of an exchange, defective items will not be returned. The EXCESS warranty of course does not cover normal wear and tear, accidental damage, or damage caused by the use of a solvent or abnormal use of the item. As part of the implementation of the .Kate Lee warranty, we invite you to contact our E-Shopping Customer Service as soon as you receive the bag: excess@paris-new-york.com. After verification, they will inform you of the return procedures for your item(s).

1. After-Sales Service

The EXCESS After-Sales Service is responsible for carrying out wear repairs on your items, as well as repairs within the framework of the implementation of Legal Guarantees and the EXCESS Warranty. To contact our After-Sales Service, we invite you to contact us preferably by email: excess@paris-new-york.com. Your item will be sent to our workshops which will make the appropriate decision: In the event of a manufacturing defect observed and validated by our workshops, we will repair your item free of charge or replace it with a new item of equivalent value. For used items, the repair will be chargeable. An estimate will be provided if the damage observed results from your own actions or those of a third party. Your item will not be repaired if it is too worn. It will then be returned to you in its current condition. The .Kate Lee after-sales service only concerns purchases made on the www.excess-paris.com e-shop. For items purchased in-store, please contact your EXCESS retailer.

1. Personal Data

EXCESS Paris New York collects a certain amount of information necessary for the processing of orders. This data is not only necessary for the processing of the Customer's order by EXCESS Paris New York, but also to communicate information about the .Kate Lee brand to the Customer, on the Site, or to offer commercial offers from EXCESS if the Customer accepts it by validating his order. The Customer can also modify his personal information from his customer area by identifying himself using his email address and password. Regarding the processing operations carried out by PayPal, Customers can exercise their right of access, rectification, opposition (for legitimate reasons) and deletion of their personal data, by sending a letter accompanied by proof of identity to: PayPal S.A.R.L & Cie, SCA ("PayPal Europe") 22-24 Boulevard Royal L-2449 LUXEMBOURG (+352 - 27 302 143).

1. Cookies

In order to process the Customer's order, and in order to better understand his needs and personalize the services offered on the Site, EXCESS Paris New York uses cookies. The cookie is a computer file, stored on the hard disk of the Customer's micro-computer which aims to indicate his passage on the Site. Cookies remember, during the Customer's visit to the Site, his identity (known through his email address and password) and the contents of his cart. Once disconnected from the Site, this information is stored for 30 (thirty) days before being permanently erased. The Customer can oppose the recording of cookies by configuring his Internet browser. He then loses all customization of the service offered to him on the Site.

1. Limitation of Liability

Ordering on the Site implies knowledge and acceptance of the procedures in force on the Internet network, in particular regarding technical performance, response times, connection, queries or information transfers, risks of interruption, risks of contamination by viruses circulating on the network and in general all risks related to the use of the Internet network. EXCESS Paris New York cannot therefore be held responsible in any way for any direct or indirect damage resulting from improper use or incidents related to the use of the computer, access to the Internet, maintenance or malfunction of the servers, the telephone line or any other technical connection, the connection of the Customer to the Site being under his full responsibility.

1. Force Majeure

EXCESS Paris New York will not be responsible for the total or partial non-performance of its obligations under the order placed by the Customer, if this non-performance is caused by an event constituting a case of force majeure as defined by positive law. In such a hypothesis, EXCESS Paris New York will inform the Customer of the occurrence of such an event within 5 (five) clear days following its occurrence, by email. After a period of 1 (one) month, and if the event constituting a case of force majeure persists, the order will be canceled and will, if necessary, be the subject of a refund by EXCESS Paris New York to the credit card used to place the order within a maximum period of 30 (thirty) days.

1. Liability and Applicable Law

The company EXCESS Paris New York cannot be held responsible for damages of any kind, whether material, immaterial or physical, which could result from a malfunction or improper use of the products marketed. The same applies to any modifications to the products resulting from the suppliers. The liability of EXCESS Paris New York will in any event be limited to the amount of the order and cannot be invoked for simple errors or omissions that may have remained despite all precautions taken in the presentation of the products. The company EXCESS Paris New York cannot be held responsible, towards a customer or a third party, for any indirect damage, loss of business, profit or turnover, occurring in any way whatsoever, even if this damage, loss or prejudice was foreseeable by the company EXCESS Paris New York, or if its eventuality had been brought to its attention. Without limiting the preceding paragraphs, the liability of the company EXCESS Paris New York under these general conditions cannot exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, whatever the cause or form of the action concerned. If any of the terms of these General Conditions of Sale are declared null and void, illegal or unenforceable by a court decision, the other provisions of the General Conditions of Sale will remain in force. The General Conditions of Sale are executed and interpreted in accordance with French law. In the event of disputes, the customer will first contact EXCESS Paris New York to obtain an amicable solution and failing agreement, the common law courts will be solely competent.