TERMS AND CONDITIONS

1. General conditions of sale

1.1 These general conditions of sale (the “General Conditions of Sale”) apply to any sale of products (the “Products”) made on the website accessible at the address https://www.hosane.fr ( the “Site”) between the company 2P2F, simplified joint stock company (SAS), identified under the number B889 421 574 (RCS of Ajaccio), having its head office at Chemin de Toretta – Route du Salario – 20 000 Ajaccio (“ 2P2F” or “hosane”) and any consumer buyer, within the meaning of the provisions of the Consumer Code, aged at least 18 years, with legal capacity and residing on French territory (the “Customer”).

1.2 The purchase of products offered on the website www.hosane.fr (the “ Site ”) is subject to these general conditions of sale of the Site (the “ General Conditions of Sale ”). HOSANE products are exclusively intended to be sold to final consumers, natural or legal persons, to the exclusion of all resellers or intermediaries acting on behalf of resellers. Therefore, the Customer affirms that he acts as a final consumer and that he does not intend to resell HOSANE products for commercial purposes.

Any order on the Site constitutes full acceptance of the General Conditions of Sale by the customer who makes a purchase there (the “ Customer ”).

1.3 Any order placed on the Site by the Customer implies acceptance of the prices and the General Conditions of Sale in their version in force at the time of formation of the contract.

1.4 Hosane reserves the right to modify the General Conditions of Sale at any time. The General Conditions of Sale are available via a link accessible from each page of the Site.

1.5 For any questions or complaints regarding the Site, the Products or the General Conditions of Sale, the Customer has the option of contacting our customer service:
- by email: contact@hosane.fr
- by post sent to the following address: Hosane Chemin de Toretta – Route du Salario – 20 000 Ajaccio

2. Characteristics of the Products - Creation of a personal account - Order

2.1 Product Characteristics

2.1.1 The Products offered for sale are described in the product descriptions present on each item tab accessible on the Site.

2.1.2 The photographs of the Products published on the Site are indicative and do not contractually bind Hosane. Although Hosane has made the necessary efforts to display the colors accurately, Hosane cannot guarantee that the display on the Customer's device faithfully reproduces the color of the Products. Products ordered may vary slightly from the images shown.

2.2 Creation of a personal account

2.2.1 The Customer can consult Hosane's offers and Products on the Site and place orders online. The creation of a personal account on the Site is necessary to place orders on the Site.

2.2.2 To create a personal account on the Site, the Customer must click on the link "No account? Register" and provide the following information: First name, Last name, Email, Password, Confirm password

2.2.3 Hosane will send an email to the Client at the email address provided by the Client to confirm the creation of the Client's personal account.

2.3 Choice of a subscription - Order - Contract

2.3.1 When the Customer wishes to conclude a contract with Hosane, on the Site, regarding the sale of Products, several subscriptions are offered to the Customer depending on the desired frequency of Product deliveries and the quantity of Products delivered to each delivery.

2.3.2 The Customer selects a Product and a size from the sizes offered by Hosane; this size corresponding to the size desired by the Customer on the date of the first delivery of the selected Product.

2.3.3 Once the size of the Product has been selected, the Customer has the possibility to choose the frequency of delivery of the Products, namely every three (3), four (4), five (5) or six (6) weeks. Based on the delivery frequency selected by the Customer, Hosane determines a quantity of Products per delivery which is displayed on the Customer's order page. The Customer has the possibility of adjusting the quantity of Products, within the limits proposed by Hosane. The Customer may also terminate the subscription taken out under the conditions detailed in the article ("Termination") below.

2.3.4 The price corresponding to the subscription is adjusted according to changes made by the Customer to the frequency of deliveries and/or the quantity of Products.

2.3.5 Payment terms are described in the article (“Price and payment”) below.

2.3.6 The Customer may make any modification or cancellation of a delivery up to five (5) calendar days preceding the chosen delivery date. Beyond that, delivery will be deemed final and not subject to modification or cancellation.

2.3.7 The subscription request is made by the Customer at the time the Customer clicks on the order button, after checking the contents of the basket and the total price of the order and after having read and accepted the General Conditions of Sale. to his knowledge by means of a link on the basket validation page, which he certifies by checking the box "I have read the General Conditions of Sale" on the basket validation form.

2.3.8 The contract is concluded between the Client and Hosane when the Client receives an email from Hosane confirming the subscription. If Hosane is unable to confirm a contract, in particular because a Product is not in stock or is no longer available, Hosane informs the Customer by email as soon as possible that the contract has not been concluded. If the Customer has already paid, Hosane will reimburse the Customer the entire amount as soon as possible.

2.3.9 The contract concluded between the Customer and Hosane is a contract of indefinite duration giving rise to the delivery of the Products according to the frequency selected by the Customer. The Customer may suspend or terminate the contract concluded with Hosane under the conditions detailed in the article ("Suspension - Termination") below.

2.3.10 Hosane reserves the right to refuse or cancel a subscription, orders or deliveries in the following cases:

• in cases of serious suspicion of bad faith or fraudulent intent (for example, in order to obtain a discount);
• in the event of suspicion of repeated abuse (of rights) or fraud on the part of a Client;
• in the event of communication of erroneous, suspicious or incorrect data;
• if Hosane notices that a person repeatedly provides fictitious data;

2.4 Promotional codes

2.4.1 The Customer may benefit from promotional offers to reduce the price of certain products. It is up to the Customer to insert the promotional code on the payment page. In the event of forgetting, Hosane is not obliged to apply the reduction retrospectively.

2.4.2 Each promotional code has its own conditions, for example: items included in the promotion, single/multiple use, when it can be used, etc. These conditions are mentioned on our site or in our communications. For promotional codes distributed by a partner (for example: a site, a company or an influencer), it is up to the Customer to read and verify the conditions of the offer before use.

2.4.4 Any validation of a promotional code on the site constitutes acceptance of the conditions of the offer.

2.4.5 Certain Hosane promotional codes cannot be combined with others.

2.4.6 Hosane carries out a desynchronized verification of promotional codes validated on its site. The reduction is only guaranteed to be taken into account at the time of actual invoicing and not when validating the promotional code on the site.

2.4.7 If the Customer receives a unique promotional code which must only be used by him, he is required to keep it for himself and not let anyone else use it (for example, not post it on social networks) .

2.4.8 In the event of misuse of a promotional code in any way (e.g. selling, sharing or reusing a promotional code) by the Customer, Hosane reserves the right to cancel and/or suspend the subscription or even close the Customer's account. If a promotional code is not used correctly because the Customer misuses it, or in the event of a technical problem (for example: fraud, falsification, technical errors or anything which is beyond our control and affects the operation and reasonable use of the promo code), Hosane reserves the right to cancel, modify or suspend it, even if this involves refunding the amount of an order.

3. Price and payment

3.1 The price of the Products is indicated in euros (EUR) and VAT included. Where applicable, delivery costs are indicated to the Customer before the conclusion of the contract.

3.2 Hosane takes all reasonable precautions to ensure that the prices of the Products are accurate when they are encoded in the system and presented on the Site. However, it is possible that, despite Hosane's reasonable efforts, the prices of some Products on the Site may be incorrect at the time the Customer places his order. If Hosane discovers an error in the price of the Products that the Customer has ordered, Hosane informs the Customer by email or telephone of this error and gives him the choice between continuing to purchase the Product at the correct price or canceling his subscription. Hosane suspends processing of the Client's subscription request until receipt of the Client's instructions. If Hosane is unable to contact the Customer using the contact details provided by the Customer at the time of their subscription request, Hosane considers the subscription request as canceled and notifies the Customer in writing.

3.3 The Customer must pay the price indicated when validating their subscription request. Payment is made using the bank card entered on the payment page at the end of the order process.

3.4 The first subscription due date, as mentioned in the subscription details and recalled on the payment page, must be paid in full by the Customer when confirming their subscription request. Hosane will only send the first delivery of Products to the Customer subject to receipt of the entire amount corresponding to the first subscription due date.

3.5 For future payment deadlines corresponding to the subscription chosen by the Customer, the Customer accepts that the amount set at the conclusion of the contract will be debited automatically and periodically from the means of payment provided when ordering. As such, the Customer undertakes to maintain an up-to-date and valid means of payment for the duration of the subscription. The Customer's means of payment will be debited two (2) days before the scheduled delivery date. A debit confirmation email is sent to the Customer by Hosane before each periodic debit.

3.6 The bank details entered during subscription are automatically recorded for the collection of future orders. They are encrypted and 100% secure (SSL).

4. Delivery conditions

4.1 For the purposes of this section (“Delivery Terms”), “Hosane” means any carrier designated by Hosane.

4.2 In the absence of express stipulation to the contrary, the Products are delivered to the address indicated when concluding the Contract. Hosane delivers the Products in mainland France (including Corsica).

4.3 The delivery times indicated on the Site are usual average times for processing, shipping and delivery. They are only given as an indication. The Products ordered are delivered without undue delay and at the latest within thirty (30) days from the date of receipt of the confirmation email sent by Hosane in accordance with the General Conditions of Sale. Failing this, the Customer may terminate the contract under the conditions set out in article L. 216-2 of the Consumer Code.

4.4 The Customer must take possession of the Products delivered by Hosane at the designated time and place and sign the delivery note for receipt. Hosane does not deliver the Products beyond the ground floor of the Customer's building.

4.5 If the Customer or any third party designated by the Customer is not present at the agreed delivery address to receive the Products, Hosane leaves the Customer with a delivery notice indicating the terms of recovery of the Products. In this case, the Customer must contact Hosane in order to agree on a new delivery date.

4.6 Any visible defect in the Products and/or alteration of the external packaging must be reported on the delivery note and notified to Hosane customer service within a maximum of two (2) working days, describing the defect in detail. Without prejudice to applicable legal guarantees, the fact of the Customer unsealing the delivered Products implies their acceptance.

4.7 The risk of loss and deterioration of the Products as well as ownership of the Products are transferred to the Customer at the time of delivery.

5. Right of withdrawal from the sale

5.1 The Customer has a period of fourteen (14) calendar days to inform Hosane that he wishes to withdraw from the contract concluded with Hosane without having to justify his decision. The Customer expressly acknowledges that the right of withdrawal does not apply in the following cases:
- the Products delivered were custom-made according to the Customer's specifications or clearly personalized; Or
- the Products delivered deteriorate quickly or have a limited shelf life; Or
- the Products were unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection.

5.2 The withdrawal period runs from the day of receipt of each delivery of Products by the Customer or a third party, other than the carrier designated by him, for contracts for the sale of Products. For each of the situations listed below, the date of receipt of the Products is:
- if the Customer orders several Products in a single order which must be delivered separately, the day on which the Customer or a third party designated by him, other than the carrier, takes physical possession of the last Product;
- if the delivery of a Product consists of several shipments or pieces, the day on which the Customer or a third party designated by him, other than the carrier, comes into physical possession of the last shipment or the last piece;
- if the contract concerns the regular delivery of Products over a specific period, the day on which the Customer or a third party designated by him, other than the carrier, comes into physical possession of the first Product.

5.3 The Customer must, before the withdrawal period expires, inform Hosane Customer Service by email by means of an unambiguous declaration or the standard withdrawal form appearing in the Appendix to the General Conditions of Sale, of his wish to withdraw from the contract concluded with Hosane and return the Products, mentioning the delivery number concerned, the Products concerned and their quantity.

5.4 If the Customer exercises his right of withdrawal from the contract, Hosane reimburses all payments received from the Customer, including delivery costs (except for additional costs linked to the Customer's choice of a type of delivery other than that of the standard delivery, as identified by Hosane on the Site), as soon as possible and at the latest, within 14 days from the date on which Hosane receives the Customer's declaration of withdrawal. The reimbursement will be made by Hosane using the same means of payment as that which the Customer used to conclude the contract on the Site, unless otherwise agreed in writing between the parties. Hosane reserves the right to defer reimbursement until Hosane has received the Products back or until the Customer has provided proof of shipment of the Products. The Customer must return or hand over the Products to Hosane immediately or at the latest within 14 days from the date on which the Customer informed Hosane of the withdrawal from the contract.

5.5 The costs of returning the Products are the responsibility of the Customer.

6. Termination of the contract

6.1 The Customer has the possibility, at any time, to terminate his subscription and the execution of his subscription for an indefinite period.

6.2 The Customer must inform Hosane within a minimum period of five (5) days before the date of the next scheduled delivery of his wish to terminate the subscription.

6.3 To cancel their subscription, the Customer must connect to their personal account accessible from the Site, click on the “My subscriptions” tab, select a subscription then click on the “Modify” tab in order to select the termination option .

7. Guarantees and liability

7.1 Hosane strives to deliver Products of impeccable quality.

7.2 Hosane is liable for defects in conformity of the Product with the contract (articles L. 217-4 to L. 217-16 of the Consumer Code) and for hidden defects under the conditions provided for in articles 1641 to 1649 and 2232 of the Civil Code.

When acting as a legal guarantee of conformity, the Customer:
- benefits from a period of two years from delivery of the Product to act;
- may choose between repair or replacement of the Product, provided that the Customer's choice does not result in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the Product or the importance of the defect;
- is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following delivery of the Product.

In addition, the legal guarantee of conformity applies independently of any commercial guarantee granted. No commercial guarantee is granted by Hosane in addition to the legal guarantee.

The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, the Customer can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.

8. Intellectual property

8.1 The Customer acknowledges that Hosane remains the exclusive owner of all intellectual property rights linked to the Site and the Products, including in particular but not limited to the intellectual or industrial property rights linked to the manufacturing processes, the composition or the technical characteristics of the Products as well as the name, brand and logo under which the Products are sold.

9. Personal data

9.1 To create a personal account and order the Products on the Site, the Customer must provide the information detailed in the article (“Creation of a personal account”) above.

9.2 The Customer undertakes to communicate accurate information, and will ensure in particular that the email address he has provided is accessible and in particular that there is no problem receiving emails subsequently. transfer, closure or overload of the email address. Hosane may also ask the Customer for information essential for processing their order by Hosane, for invoicing as well as for advertising the Products.

9.3 Personal data provided by the Customer is processed in accordance with Hosane’s “Confidentiality Policy” accessible here: https://www.hosane.fr/politique-de-confidentialite. The Privacy Policy also specifies the rights enjoyed by the Customer with regard to the data collected and processed by Hosane.

9.4 Furthermore, when the Customer visits the Site, Hosane may collect and record certain information on his computer, in the form of “cookies” in order, in particular, to enable the execution of services and improvement of the service.

9.5 The various cookies used as well as the Customer's rights in this regard are specified in Hosane's “Confidentiality Policy”, accessible at https://www.hosane.fr/politique-de-confidentialite

9.6 The Customer can register on the telephone canvassing opposition list accessible at http://www.bloctel.gouv.fr.

10. Conservation of contracts

10.1 In application of article L. 213-1 of the Consumer Code, Hosane undertakes to retain and archive on all media, for ten (10) years, contracts concluded with the Customer for a value greater than or equal to to one hundred and twenty (€120) and to guarantee them access at all times. 11.2 This right of access may be exercised by sending an email to contact@hosane.fr .

11. Force majeure

11.1 Neither party will be liable for any delay or failure in the performance of its obligations under the Contract if this is due to the occurrence of a Force Majeure Event, as defined in Article 1218 of the Civil Code.

11.2 . Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or disputes commercial activities, civil unrest, insurrection, war, bad weather, epidemic, blocking of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal changes or regulatory forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.

11.2 The party invoking a force majeure event must immediately notify the other party and take all reasonable measures to overcome the force majeure event.

11.3 If the force majeure event prevents the execution of the contract for a period of more than ninety (90) days, each party has the right to terminate the contract automatically, without compensation of any kind. is owed to the other party.

12. Assignment

12.1 Hosane may assign the contract concluded with the Client or part thereof to any person, company or company. In any event, the assignment of the contract by Hosane will have no effect on the extent of the Customer's rights.

12.2 The Client may not assign the contract or part of it without the prior written consent of Hosane.

13. Applicable law - Dispute resolution

13.1 The General Conditions of Sale are governed by French law.

13.2 A dispute is defined as a dispute giving rise to legal proceedings. In the event of a dispute, the Customer must first send a written complaint to Hosane customer service (contact@hosane.fr) in order to resolve it amicably.

13.3 In the event of failure of this approach, the customer can resort to a consumer mediator free of charge by contacting the online mediation service of the CMAP (Paris Mediation and Arbitration Center) accessible at the URL address : http://www.cmap.fr/ or at the postal address: CMAP (Consumer Mediation Service) - 39 avenue Franklin D.Roosevelt – 75008 Paris.

For recourse to CMAP to be admissible, the Customer must indicate: their postal, email and telephone contact details as well as the full name and address of our company, a brief statement of the facts, and proof that the amicable resolution has failed.

In accordance with the rules applicable to mediation, you are reminded that a consumer dispute must be entrusted in writing to Hosane customer service before any request for mediation from CMAP.

Disputes for which the request is manifestly unfounded or abusive, or have previously been examined or are currently being examined by another mediator or by a court, cannot be subject to review by the mediator, or if the consumer submitted his request to the mediator within a period of more than one year from his written complaint to Hosane customer service or if the dispute does not fall within the field of competence of the mediator, or finally if the consumer does not justify having tried, beforehand, to resolve his dispute directly with hosane customer service by a written complaint according to the terms provided , if applicable, in the contract.

13.4 The Customer may also use the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No. 524/2013. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

13.5 Any dispute relating to the conclusion, validity, interpretation, execution or termination of the General Conditions of Sale will be subject to the jurisdiction of the courts (i) of the place of domicile of Hosane; or (ii) the location of the Customer's domicile; or (iii) the place of delivery of the Products.

13.6 If one or more stipulations of these General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their strength and scope.

No tolerance, inaction or inertia on the part of Hosane may be interpreted as a waiver of its rights under the General Conditions of Sale.

Annex :

Standard withdrawal form (Form to be completed and returned only if you wish to withdraw from the contract)

To the attention of: SAS 2P2F Chemin de Toretta – Route du Salario – 20 000 Ajaccio

I/We (*) hereby inform you that I/we (*) withdraw from the contract relating to the sale of the following product(s):

Order number :

Order date :

Client name :

Full address of the Customer:

Street :

Postal code :

City :

Client Signature Date

* Remove the useless phrase