TERMS OF SERVICE

These Terms of service concern the commercial activity of Low Temperatures (the seller). They determine the rights and obligations of the parties in the context of the online sale of products and/or services offered by the seller. Online sales are exclusively carried out through Low Temperature's website.

ARTICLE 1. LEGAL INFORMATION AND GENERAL PROVISIONS

By accessing or using this website you agree to accept and respect these Terms of Service. If you do not accept all the terms and conditions outlined in this agreement, you should not access the website or use any of the services.

We reserve the right to update, change or replace functionalities of the website, our services and these Terms of service at any time and without notice. Please make sure to check this page for any revisions.

The Company also ensures that acceptance of these General Terms and Conditions (Terms of service) is clear and unreserved, by setting up a check box and a validation click. The Customer declares to have read all of these General Terms and Conditions, and where applicable the Special Conditions of Sale linked to a product or service, and to accept them without restriction or reservation. The Customer acknowledges that he/she has benefited from the necessary advice and information to ensure the suitability of the offer to his/her 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.

The Buyer acknowledges having read the General Terms and Conditions set out in this document before placing an order.

ARTICLE 2. DATA

In accordance with the Data Protection Act of January 6, 1978, the Buyer has the right to access, rectify, modify and delete data concerning him or her. The Buyer may exercise this right by contacting the Publisher (Low Temperatures).

ARTICLE 3. ORDERS

Orders can be placed by Buyers through Low Temperatures' Website. Once the Buyer has placed an order, we send a confirmation email to the address given during purchase. If for any reason the Seller was unable to process the order, the Buyer will be informed directly.

ARTICLE 4. PRICE

The prices of our products sold on this website are in Euro including tax and are precisely detailed on the Product description pages. Customs duties, other local taxes, import duties or state taxes may be due in certain cases. These rights and sums do not fall within the responsibility of the Seller. They will be the responsibility of the Buyer (declarations, payment to the competent authorities, etc.). Please refer to your local authorities to get information concerning these aspects. We reserve the right to change our prices or discontinue our services at any time and without notice. We will not be liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Service.

ARTICLE 5. CONCLUSION OF THE ONLINE CONTRACT

In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place their order: - Information on the essential characteristics of the Product; - Choice of the Product, where applicable, its options; - Indication of the Customer's essential contact details (identification, email, address, etc.); - Acceptance of these General Terms and Conditions; - Verification of the elements of the order (double click formality) and, if necessary, correction of errors.

Before proceeding with confirmation, the Buyer can check the details of his order, its price, and correct any errors or cancel his order. Confirmation of order will be the signature of this contract. Then follow the instructions for payment and delivery information. The Customer will receive payment confirmation by email as well as an acknowledgment of receipt of the order confirming it.

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per
person, per household, or per order, including orders placed by or under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders placed by dealers, resellers, or distributors, as determined by our sole judgment.

You agree to provide current, complete, and accurate
purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.

ARTICLE 6. PRODUCTS AND SERVICES

Certain products or Services may be exclusively available
online through the website. These products or Services may have limited
quantities and are subject to return or exchange according to our Refund
Policy. We have made every effort to display the colors and images of our products as accurately as possible, but we cannot guarantee the accuracy of your computer monitor's display of any color. We reserve the right, but are not obligated, to limit the sales of our products or Services to specific individuals, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis and limit quantities offered for sale. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ARTICLE 7. COMPLIANCE

In accordance with article L.411-1 of the Consumer Code, the products and services offered for sale through these General Terms and Conditions meet the requirements in force relating to the safety and health of people, the loyalty of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for any lack of conformity and hidden defects in the product.

In accordance with article L.217-4, the seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

In accordance with legal provisions regarding conformity and hidden defects (art. 1641 c. civ.), the Seller reimburses the product(s) which are defective or do not correspond to the order. Check our shipping and returns policy.

ARTICLE 8. PAYMENT

Payment is due immediately upon ordering.

Two methods are available to the Buyer: PayPal and credit card (CB).

Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is made by our payment provider. The information transmitted is properly encrypted and cannot be read during transport over the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Customer allows the Seller to debit their card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately automatically terminated and the order cancelled.

ARTICLE 9. TERMINATION OF CONTRACT

The order can be canceled by the Buyer by registered letter with acknowledgment of receipt in the following cases: - delivery of a product that does not conform to the characteristics of the order; - delivery exceeding the deadline set when ordering or, in the absence of a date, within thirty days following payment; - unjustified price increase or product modification. In these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

ARTICLE 10. INTELLECTUAL PROPERTY RIGHTS

The brands, 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 made through these General Terms and Conditions. Any total or partial reproduction, modification or use of these goods for any reason whatsoever without consent from the Seller is strictly prohibited and may be subject to prosecution.

Any copy or reproduction of the creations, total or partial, intended for commercial use is strictly prohibited and may be subject to prosecution.

ARTICLE 11. PROHIBITED USES

In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content for unlawful
purposes, soliciting others for unlawful activities, violating regulations, rules, laws, or local ordinances, infringing upon our intellectual property rights or those of others, harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, submitting false or misleading information, uploading or transmitting viruses or other malicious code, collecting or tracking personal information of
others, spamming, phishing, pharming, pretexting, spidering, crawling, or scraping, engaging in obscene or immoral activities, or interfering with or circumventing the security features of the Service or any related website. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

ARTICLE 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be typographical errors,
inaccuracies, or omissions in the information on our site or in the Service, including product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice, including after you have submitted your order. We are under no obligation to update or amend information in the Service or on any related website, including pricing information, except
as required by law. The absence of a specified update or refresh date in the Service or on any related website should not be interpreted as indicating that all information has been modified or updated.

ARTICLE 13. FORCE MAJEURE

The execution of the Seller's obligations hereunder is suspended in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The Seller will notify the customer of the occurrence of such an event as soon as possible.

ARTICLE 14. INVALIDITY AND MODIFICATION OF CONTRACT

If one of the stipulations of this contract were canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties.

Any contractual modification is only valid after written and signed agreement of the parties.

ARTICLE 15. LIABILITY

The Seller's liability can only be incurred in the event of serious, intentional or willful misconduct. In all other cases, the Seller's liability can never be sought or incurred by the Buyers.

ARTICLE 16. PROTECTION OF PERSONAL DATA

In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of this data, the Seller sets up a processing of personal data which has the purpose the sale and delivery of products and services defined in this contract. The Buyer is informed of the following elements: the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these General Terms and Conditions; - the contact details of the data protection officer: XXX - the legal basis of the processing: contractual execution - the recipients or categories of recipients of the personal data, if they exist: the data controller, its services in responsible for marketing, the services in charge of IT security, the service in charge of sales, delivery and ordering, the subcontractors involved in delivery and sales operations as well as any authority legally allows to access to the personal data in question - no transfer outside the EU is planned - the duration of data retention: the commercial limitation period - the data subject has the right to request from the data controller access to personal data, rectification or erasure thereof, or restriction of processing relating to the data subject, or the right to object to processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decisions or profiling are implemented through the ordering process.

ARTICLE 17. APPLICABLE LAW AND CLAUSES

All clauses appearing in these General Terms and Conditions, as well as all purchase and sale operations referred to therein, will be subject to French law.

The nullity of a contractual clause does not entail the nullity of these conditions.

ARTICLE 18. CONSUMER INFORMATION

For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code: The Seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Buyer would not have it acquired, or would have given only a lower price, if he had known them.

Article 1648 of the Civil Code: Action resulting from fatal defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.

Article L. 217-4 of the Consumer Code: The Seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

Article L. 217-5 of the Consumer Code: The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable:

if it corresponds to the description given by the Seller and possesses the qualities that the latter presented to the Buyer in the form of a sample or model;
if it presents the qualities that a Buyer can legitimately expect in view of the public declarations made by the Seller, by the producer or by its representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Buyer, brought to the attention of the Seller and which the latter has accepted.

Article L. 217-12 of the Consumer Code: Action resulting from lack of conformity is prescribed two years from delivery of the goods.

Article L. 217-16 of the Consumer Code: When the Buyer requests from the Seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the Buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.

ARTICLE 19. THIRD-PARTY LINKS

Our Service may include content, products, and Services from
third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We do not examine or evaluate the content or accuracy of third-party materials or websites and are not responsible for any materials, products, or Services offered by third parties. We disclaim any liability or responsibility for any harm or damages related to the purchase or use of goods, Services, resources,
content, or any other transactions made in connection with any third-party websites. Before engaging in any transaction, please carefully review the policies and practices of the third party. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

LOW TEMPERATURES

Founder: Léa Dézélu
SIRET : 91066930800017

Numéro d’identification fiscale : 3029038318481

Contact
lowtemperatures@outlook.com