Terms of sale

ARTICLE 1 — SCOPE

These Terms and Conditions of Sale (the “Terms”) apply, without limitation or reservation, to all sales of products marketed under the VIXIE LENKA brand, including rings, fashion jewelry, and accessories (the “Products”), offered on the website vixielenka.com (the “Website”).

The Products are offered under the VIXIE LENKA brand, identified under SIREN/SIRET number 88967985800023, whose registered business address is 75 rue de l’Ourcq, 75019 Paris, France (the “Seller”).

Contact: info@vixielenka.com

These Terms apply to sales concluded with customers acting as consumers, meaning any natural person acting for purposes outside their trade, business, craft, or profession (the “Customer”).

Any order placed on the Website (the “Order”) implies full and unconditional acceptance of these Terms in the version in force on the date of the Order. The applicable Terms are those available on the Website at the time the Order is confirmed.

The Seller reserves the right to amend these Terms at any time. Amendments will not apply to Orders already confirmed, unless expressly agreed by the Customer or required by mandatory legal provisions.

ARTICLE 2 — PRE-CONTRACTUAL INFORMATION

Before placing any Order, the Customer acknowledges having received, in a clear and comprehensible manner, these Terms and the essential information relating in particular to:

• the essential characteristics of the Products, including their nature, materials, size, color, any decorative metal elements, and instructions for use;

• the price of the Products and any delivery costs;

• the terms of payment, delivery, return, withdrawal, and complaints;

• the identity and contact details of the Seller;

• the legal guarantees, any commercial warranty offered, and how they may be exercised;

• the possibility of using a consumer mediator in the event of a dispute that has not been resolved directly with the Seller.

The Customer should carefully read each Product page before placing any Order, in particular the information relating to size, dimensions, materials, color, and care.

ARTICLE 3 — PRODUCTS AND SALES OFFERS

3.1 Product offers

Product offers are valid as long as they are visible on the Website, subject to stock availability. The Seller may amend its offer at any time, add or remove Products, or change colors, sizes, materials, prices, or terms of sale, without affecting Orders already confirmed.

Photographs, videos, visuals, descriptions, and styling shown on the Website are provided as accurately as possible. However, they cannot guarantee a perfect match with the Product received, in particular due to screen settings, lighting, camera angle, the possible translucency of certain materials, or normal variations related to the production and finishing process.

The Seller may refuse, suspend, or cancel an Order for a legitimate reason, including an ongoing or previous payment dispute, suspected fraud, an obvious pricing error, Product unavailability, or incomplete or inconsistent delivery information.

3.2 Product characteristics

The main characteristics of each Product are stated on the Product page: type of Product, size, dimensions, color, main materials, any decorative metal elements, and specific instructions.

VIXIE LENKA Products may be made in small batches and/or hand-finished. The Customer is informed that slight variations in color, transparency, shine, placement, finish, or surface appearance may exist from one Product to another. Such variations, where normal in view of the production process and not affecting the use of the Product, do not constitute a lack of conformity.

Elements referred to as “piercings” or “barbells” in Product descriptions are decorative elements integrated into the jewelry piece. They are not body piercing jewelry and are not intended to be worn on pierced skin.

3.3 Sizes

The Customer is responsible for choosing the correct size before placing an Order. Size guides, measurements, and correspondence tables provided on the Website are intended to help the Customer, but do not replace an appropriate personal measurement. If in doubt, the Customer may contact the Seller before ordering.

ARTICLE 4 — ORDER

The Customer places an Order directly on the Website, according to the process provided at the time of purchase. Before final confirmation, the Customer may review the details of the Order, its total price, applicable delivery costs, and correct any errors.

The Order is considered final after acceptance of these Terms, validation of payment, and confirmation of the Order by email. The Seller may also send the Customer emails relating to the preparation, shipment, tracking, or after-sales processing of the Order.

The Customer undertakes to provide accurate and complete information when placing the Order, including their identity, email address, delivery address, and phone number if required for delivery. The Seller cannot be held liable for the consequences of any error, omission, or inaccuracy in the information provided by the Customer.

ARTICLE 5 — PRICES AND FINANCIAL TERMS

5.1 Prices

Product prices are stated in euros. Unless otherwise indicated, the prices displayed on the Website do not include delivery costs, which are calculated and communicated to the Customer before the Order is confirmed.

As of the date of these Terms, the Seller benefits from the French VAT exemption scheme for small businesses. Accordingly, VAT is not applicable: “VAT not applicable, Article 293 B of the French General Tax Code.”

If the Seller’s tax regime were to change, the prices and applicable tax statements may be amended for future Orders, without affecting Orders already confirmed.

5.2 Payment

Payment is due in full when the Order is placed. Payment is made online using the payment methods offered on the Website at the time of the Order, including by payment card and/or any other method offered through the payment platform integrated into the Website.

Payments are processed by a secure payment provider. The Seller does not have access to the Customer’s full banking details.

In the event of payment refusal, payment issue, or suspected fraud, the Order may be suspended or canceled.

5.3 Order cancellation before shipment

A Customer wishing to cancel an Order before shipment should contact the Seller as soon as possible at orders@vixielenka.com, with the subject line “Order cancellation — [order number].”

The Seller will use its best efforts to take the request into account if the Order has not yet been prepared or shipped. Once the Order has been shipped, the Customer must, where applicable, exercise the right of withdrawal under the conditions set out in Article 7 of these Terms.

ARTICLE 6 — DELIVERY

6.1 Delivery areas and methods

Products are delivered to the address provided by the Customer when placing the Order, within the delivery areas offered on the Website. The available delivery methods, rates, and estimated delivery times are indicated before the Order is confirmed.

The Seller may offer home delivery, pickup point delivery, or any other available option depending on the destination country, carrier, and Website settings.

As of this date, only delivery within mainland France is available via Lettre Verte Suivie at a rate of €3.50 per Order.

If delivery outside mainland France / the European Union is offered on the Website at a later date, customs duties, import taxes, or administrative fees may be charged to the Customer by the authorities or carriers of the destination country. These fees are borne by the Customer unless expressly stated otherwise at the time of the Order.

6.2 Timeframes

The preparation and delivery times indicated on the Website are estimates. The delivery period begins when the parcel is shipped, not when the Order is confirmed, unless otherwise stated.

The Order preparation time is indicated on the Website or on the Product page, in particular where Products are made, finished, assembled, or checked in small batches. In the absence of a specific indication, the Seller will use its best efforts to prepare the Order within a reasonable time.

The Customer is informed that the delivery times indicated on the Website are estimates and may vary depending on the destination, selected carrier, time of year, and circumstances beyond the Seller’s control.

In particular, delivery times may be extended during high-volume carrier periods, including the end-of-year holiday season, Christmas, sales periods, exceptional promotional operations, public holidays, strikes, adverse weather conditions, or saturation of transport networks.

The Seller cannot be held liable for delays directly attributable to the carrier or to circumstances beyond its control, subject to the Customer’s statutory rights regarding delivery.

In the event of a significant delay, the Customer may contact the Seller at orders@vixielenka.com. The Customer’s statutory rights in the event of delayed delivery remain applicable.

6.3 Upon delivery

The Customer should check the visible condition of the parcel and Products upon receipt. If the parcel is visibly damaged, open, or incomplete, the Customer should report the issue to the carrier where possible and contact the Seller as soon as possible, with photographs of the parcel and the Product in question.

In the event of a wrong Product, missing Product, or damage identified upon receipt, the Customer must contact the Seller at orders@vixielenka.com so that an appropriate solution can be offered, without prejudice to the applicable legal guarantees.

ARTICLE 7 — RIGHT OF WITHDRAWAL AND RETURNS

7.1 Withdrawal period

In accordance with the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Product to exercise the right of withdrawal, without having to give any reason.

Where the Order includes several Products delivered separately, the period runs from receipt of the last Product.

To exercise the right of withdrawal, the Customer must inform the Seller of the decision to withdraw by means of an unambiguous statement, by email to orders@vixielenka.com or by postal mail to the following address: VIXIE LENKA, 75 rue de l’Ourcq, 75019 Paris, France. The Customer may use the model withdrawal form provided in Appendix 2, but this is not mandatory.

Please note that withdrawal is possible only for products with their tag still attached. Any product returned without its original tag attached is not refundable.

7.2 Exceptions to the right of withdrawal

The right of withdrawal may not be exercised for Products made to the Customer’s specifications or clearly personalized, where this exception applies and is clearly indicated before the Order.

Standard Products ordered in a size, color, or finish offered on the Website remain subject to the right of withdrawal, including when sold on sale, offered as outlet items, discounted, or as end-of-stock items, unless a legal exception applies.

7.3 Return procedure

After informing the Seller of the decision to withdraw, the Customer must return the Product without undue delay and no later than fourteen (14) days after communicating that decision.

The Product must be returned complete, clean, undamaged, tagged (with the tag attached to each returned Product), with any accessories, its original packaging, and any documentation or item provided with the Order. The Customer should carefully protect the Product during return transport.

The Customer is responsible for any diminished value of the Product resulting from handling other than what is necessary to establish its nature, characteristics, and proper functioning. A Product returned scratched, broken, modified, incomplete, heavily worn, soiled, or damaged may result in a reduction of the refund, under the conditions provided by law.

A product returned without its tag will result in cancellation of the refund by the Seller to the Customer. The tag is used to verify that the Product has not been worn before return.

For Orders delivered within mainland France, the Seller may provide the Customer with a prepaid return label. The return is free of charge provided that the Product is returned in its original condition, unworn, undamaged, and in its original packaging.

For Orders delivered outside mainland France, return shipping costs are the Customer’s responsibility, except in the event of a lack of conformity or an error attributable to the Seller. If the Seller provides a prepaid return label for a withdrawal return outside France, the cost of this label may be deducted from the refund, unless expressly stated otherwise by the Seller.

7.4 Refund

In the event of valid exercise of the right of withdrawal, the Seller refunds the Customer all sums paid for the returned Products, including the initial standard delivery costs, excluding any additional costs resulting from the Customer’s choice of a more expensive delivery method than the standard delivery method offered.

The refund will be issued after the returned Product has been received and inspected, or after VIXIE LENKA has received proof of shipment of the Product, as applicable.

The refund is issued using the same payment method as that used for the Order, unless the Customer expressly agrees to another refund method and provided that this refund does not incur any fees for the Customer and/or the Seller.

The Seller reserves the right to refuse a refund for any Product returned incomplete, damaged, worn, used, soiled, or not suitable for resale under normal conditions.

ARTICLE 8 — LEGAL GUARANTEES AND COMMERCIAL WARRANTY

8.1 Legal guarantees

The Customer benefits from the applicable legal guarantees, including the legal guarantee of conformity provided by the French Consumer Code and the legal warranty against hidden defects provided by the French Civil Code. These guarantees apply independently of any commercial warranty that may be offered by the Seller.

The main terms for implementing the legal guarantees are set out in Appendix 1 to these Terms.

8.2 Commercial warranty on screwed or assembled decorative elements

In addition to the legal guarantees, the Seller offers a commercial warranty of three (3) months from the date of delivery of the Product on decorative elements such as piercings, barbells, balls, posts, or metal elements integrated into the Product.

Under this commercial warranty, if a decorative element unscrews, comes off, is lost, or shows an assembly defect under normal use of the Product, the Seller will offer, as applicable, a repair, replacement of the component in question, or an equivalent solution, with no repair fee charged to the Customer.

To invoke this commercial warranty, the Customer must contact the Seller at orders@vixielenka.com, indicating the Order number, a description of the issue, and, if possible, photographs of the Product.

Where return of the Product is necessary to carry out the repair, the Seller may send the Customer a prepaid return label or other return instructions. The cost of sending the repaired Product back to the Customer will be borne by the Seller under this three (3)-month commercial warranty.

After the three (3)-month period, the Customer may request a paid repair. Before any work is carried out, the Seller will indicate the applicable repair, parts, and/or transport costs, calculated according to each situation. No paid repair will be carried out without the Customer’s prior approval.

The commercial warranty is excluded in the event of normal wear and tear, scratches or marks related to wear, impact, fall, crushing, excessive handling, attempted repair or modification by the Customer or a third party, exposure to abnormal conditions, use that does not comply with the Seller’s instructions, intentional damage, or obvious negligence.

This commercial warranty does not exclude or limit the legal guarantees available to the Customer.

ARTICLE 9 — USE, PRECAUTIONS, AND CARE OF THE PRODUCTS

VIXIE LENKA Products are fashion jewelry and accessories intended for normal decorative use. They are not intended for sports, professional, medical, or protective use, nor for use as a tool.

The Customer should handle the Products with care. Products must be removed before any activity likely to damage them, including sports, swimming, showering, sleeping, household cleaning, DIY work, handling chemicals, or prolonged exposure to water, alcohol, perfume, solvents, high heat, or repeated impacts.

The Products are not toys and are not designed as products intended for children. They are intended for decorative use, as part of the responsible wearing of fashion jewelry.

The Products may include small parts, including screwed elements, piercings, balls, posts, or decorative metal elements, which may present an ingestion or choking hazard if detached. Accordingly, the Products must be kept out of reach of children under three (3) years old.

Any wearing, handling, or purchase by a minor must take place only with the consent and under the responsibility of an adult legal representative. The Seller does not recommend that children or young teenagers under fifteen (15) years old wear the Products, unless their legal representative has assessed the situation otherwise and provides appropriate supervision.

The Customer must not attempt to unscrew, force, bend, pierce, sand, heat, glue, varnish, modify, or repair the Product themselves. Any unauthorized intervention may affect the Product and compromise the application of warranties, subject to any applicable mandatory legal guarantees.

For care, the Customer should gently clean the Product with a soft dry cloth, or a cloth very lightly dampened with water, then dry it immediately. Abrasive products, solvents, alcohol, acetone, perfume, hand sanitizer, and harsh cleaners are not recommended.

ARTICLE 10 — LIABILITY

The Seller undertakes to take the necessary care in presenting, producing, checking, packaging, and shipping the Products.

The Seller cannot be held liable for damage resulting from improper use of the Product, negligence by the Customer, modification of the Product, impact, fall, inappropriate care, exposure to abnormal conditions, or an event outside the Product itself, subject to any applicable mandatory legal guarantees.

The Seller cannot be held liable for indirect or unforeseeable damage resulting from the purchase or use of the Products, within the limits permitted by law.

No provision of these Terms is intended to exclude or limit the mandatory rights of the Customer acting as a consumer, in particular under the legal guarantees.

ARTICLE 11 — FORCE MAJEURE

Neither Party may be held liable for a delay or failure to perform resulting from an event of force majeure within the meaning of French law, including unforeseeable, unavoidable, and external events that prevent normal performance of the contract, such as natural disasters, fires, strikes, transport blockages, epidemics, network interruptions, administrative decisions, major raw material shortages, or any event reasonably beyond the control of the Party concerned.

The Party invoking force majeure will inform the other Party as soon as possible. Suspended obligations will resume once the force majeure event has ended, where possible.

ARTICLE 12 — INTELLECTUAL PROPERTY

The VIXIE LENKA brand, Product designs, drawings, photographs, texts, visuals, videos, graphic elements, collection names, creative universe, product pages, and more generally all elements appearing on the Website are protected by intellectual property rights and/or the rights of the Seller.

Any reproduction, representation, modification, extraction, reuse, adaptation, exploitation, or distribution, in whole or in part, of these elements without the Seller’s prior written authorization is prohibited.

The purchase of a Product does not grant the Customer any intellectual property rights in the Product, designs, models, photographs, trademarks, or associated content.

ARTICLE 13 — PERSONAL DATA

In connection with the Order, the Seller collects and processes certain personal data of the Customer required for the sale, payment, delivery, after-sales service, and compliance with its legal obligations.

Data may in particular be transmitted to service providers strictly necessary for processing the Order, such as the e-commerce platform, payment provider, carriers, invoicing tools, technical providers, or accounting providers.

The Customer has, under the conditions provided by applicable regulations, rights of access, rectification, erasure, objection, restriction, and portability of their personal data. These rights may be exercised with the Seller at orders@vixielenka.com.

The Customer is informed that certain data cannot be deleted immediately where it is necessary to comply with legal, accounting, tax, or contractual obligations, manage Orders, provide proof of a transaction, manage a dispute, or exercise the Seller’s rights.

The Customer may also lodge a complaint with the CNIL. The Seller invites the Customer to consult the Privacy Policy available on the Website for full information on the processing of personal data.

A Customer who does not wish to be subject to telephone marketing may register free of charge on the Bloctel telephone solicitation opt-out list.

ARTICLE 14 — COMPLAINTS AND CUSTOMER SERVICE

For any questions, complaints, return requests, repair requests, or after-sales requests, the Customer may contact the Seller at orders@vixielenka.com, indicating, where possible, the Order number, name, Product in question, and a clear description of the request.

The Seller will use its best efforts to respond within a reasonable time.

ARTICLE 15 — CONSUMER MEDIATION AND DISPUTES

In the event of a dispute, the Customer should first send a written complaint to the Seller at orders@vixielenka.com in order to seek an amicable solution.

In accordance with the French Consumer Code, the Customer acting as a consumer may use a consumer mediator free of charge with a view to the amicable resolution of a dispute, provided that a written complaint has first been sent to the Seller and the admissibility conditions for mediation are met.

In accordance with the provisions of the French Consumer Code concerning the consumer dispute mediation process, after contacting the Seller and failing to receive a satisfactory response, the Customer may use a consumer mediation procedure free of charge through:

CM2C, 49 rue de Ponthieu, 75008 PARIS

Tel.: 01 89 47 00 14

Website: https://www.cm2c.net/declarer-un-litige.php

Email: litiges@cm2c.net

If no amicable solution is reached, the dispute may be brought before the competent courts in accordance with ordinary rules of law. The mandatory rights of the Customer acting as a consumer remain applicable.

ARTICLE 16 — GOVERNING LAW

These Terms are governed by French law.

They are drafted in French. In the event of translation into another language, only the French version will prevail in the event of difficulty of interpretation, subject to the mandatory rights of the Customer acting as a consumer.

ARTICLE 17 — WAIVER AND SEVERABILITY

The fact that either Party does not rely, at a given time, on any provision of these Terms shall not be interpreted as a waiver of the right to rely on it at a later date.

If one or more provisions of these Terms are declared null and void, unenforceable, or deemed unwritten, the other provisions shall remain in full force and effect, provided that the overall structure of the contract can be preserved.

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APPENDIX 1 — NOTICE RELATING TO LEGAL GUARANTEES

The consumer has a period of two years from delivery of the goods to obtain application of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days following the request, free of charge and without major inconvenience to the consumer.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and receive a full refund against return of the goods, including where the professional refuses to repair or replace the goods, where repair or replacement takes place after a period of thirty days, where repair or replacement causes major inconvenience to the consumer, or where the lack of conformity persists despite an attempt to bring the goods into conformity.

The consumer is also entitled to a price reduction or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to termination of the sale if the lack of conformity is minor.

Any period during which the goods are kept for repair or replacement suspends the remaining guarantee period until delivery of the repaired goods.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

The consumer also benefits from the legal warranty against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or a full refund against return of the goods.

APPENDIX 2 — MODEL WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the contract.

To: VIXIE LENKA, 75 rue de l’Ourcq, 75019 Paris, France — orders@vixielenka.com:

I hereby notify you of my withdrawal from the contract for the sale of the Product(s) listed below:

Ordered on: [__________]

Received on: [__________]

Order number: [__________]

Name of Customer: [__________]

Address of Customer: [__________]

Email used for the Order: [__________]

Signature of Customer (only if this form is submitted on paper): [__________]

Date: [__________]