Terms and Conditions of Sales

Date of last update: June 9, 2023

Article 1 – LEGAL NOTICE

This website, accessible at the URL https://montvel.com/ (the "Site"), is published by the company MONTVEL SAS.

MONTVEL SAS is a simplified joint-stock company with a capital of 13,198.11 euros, registered with the Paris Trade and Companies Register under the number 889 635 629, with its registered office at 21 rue de Maubeuge - 75009 PARIS and with the VAT number FR11889635629, represented by its President, Mr. Alexis RICHARD (hereinafter referred to as "the Company").

The Company's email address is contact@montvel.com and the phone number is 06.27.20.20.20.

The Company's activity is the distribution of:

• Wood pellets for barbecues;
• Customizable wood pellet barbecues;
• Barbecue accessories.

(hereinafter referred to as the "Products") on the Site.

The Director of Publication of the Site is Mr. Alexis RICHARD.

Article 2 – GENERAL PRINCIPLES

These general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale") aim to govern the relationship between the Company and any consumer making a purchase online on the Site (hereinafter referred to as the "Client").

These conditions apply to a consumer wishing to make a purchase of one or more of the products available for sale on the Site AND who has full legal capacity, is at least 18 years old, or if they are a minor, guarantees that they have parental authorization to place their order.

They are written in French in their original version, which alone is valid and takes precedence over any other version.

The Client declares to have read and accepted these General Terms and Conditions of Sale before placing their order.

These General Terms and Conditions of Sale may be subject to subsequent modifications, and the version applicable to the Client's purchase is the one in force at the time of placing the order.

The General Terms and Conditions of Sale are made available to customers on the Site, where they can be directly consulted, and can also be communicated to them upon request by any means.

The validation of the order by its confirmation by the Client constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.

The failure to exercise, at any time, a right recognized by these General Terms and Conditions of Sale, or the failure to demand the application of any provision of the agreement resulting from said General Terms and Conditions of Sale, shall in no case be interpreted as a modification of the contract or as an express or tacit waiver of the right to exercise such a right in the future, or the right to demand the scrupulous performance of the commitments made herein.

In the event that any provision of the General Terms and Conditions of Sale is deemed illegal or unenforceable by a court decision, the other provisions shall remain in effect.

Article 3 – PRODUCTS

The essential characteristics of the Products offered for sale by the Company are presented in the product catalog accessible through the following URL:

https://www.calameo.com/montvel/read/007233001660cdb97f6c5; and in the online store accessible through the following URL: https://montvel.com/en/shop.

The photographs illustrating the products, if applicable, do not constitute a contractual document. The product user manual is sent at the latest upon delivery.

The Products comply with the provisions of the current French law.

Article 4 – PURCHASES ON THE WEBSITE

Article 4.1. Orders

The sale of Products is carried out through orders.

Orders for Barbecues, Wood Pellets, and Accessories are made via the URL https://montvel.com/en/shop on the Site.

Placing an order implies acceptance of the description of the Products and the prices in effect on the day of the order, as well as these General Terms and Conditions of Sale.

The Company strives to ensure optimal availability of its Products. The offers of Products are valid within the limits of available stocks.

If, despite the best efforts of the Company, a Product becomes unavailable after the Client's order, the Company will inform the Client by email as soon as possible, and the Client will have the choice between:

• Delivery of a Product of equivalent quality and price to the one initially ordered, or
• Refund of the price of the ordered Product no later than thirty (30) days from the payment of the amounts already paid.

It is agreed that, except for the refund of the price of the unavailable Product if this option is requested by the Client, the Company is not obliged to pay any cancellation compensation.

Unless otherwise stated in these General Terms and Conditions and without prejudice to the right of withdrawal provided by applicable law for certain Products and described in Article 9, the Client's orders are firm and final.

A copy of these General Terms and Conditions as accepted by the Client will be sent to the Client by email at the time of confirmation of their Order so that they can refer to them.

Any email sent to the Client regarding an order will be sent to the email address that the Client uses to identify themselves in their customer account or that they provided when placing the order.

The Operator reserves the right not to validate the Client's order for any legitimate reason, particularly in the event that:

• The Client does not comply with the applicable General Terms and Conditions at the time of their order;
• The Client's order history shows that amounts are still due for previous orders;
• One of the Client's previous orders is the subject of an ongoing dispute.

The Operator archives the sales contracts for Products in accordance with applicable legislation. By making a request to the following address: contact@montvel.com, the Operator will provide the Client with a copy of the requested contract.

The information provided by the Client when placing the order (including name and delivery address) is binding on the Client. Therefore, the Operator cannot be held responsible in any way if an error in placing the order prevents or delays the delivery/provision.

Article 4.2. Client Account

To place an order on the Site, the Client can create their personal client account by entering their email address and creating a password.

Once created, the Client must access the account by identifying themselves using their username and confidential password.

It is the responsibility of the Client not to disclose their username and password in accordance with the provisions of the article "Personal Data" in these General Terms and Conditions.

Each Client undertakes to maintain strict confidentiality of their data, including their username and password, which allows them to access their client account. The Client acknowledges that they are solely responsible for access to the Service through their username and password, except in the case of proven fraud. Furthermore, each Client undertakes to immediately inform the Operator in the event of loss, misappropriation, or fraudulent use of their username and/or password. After creating their personal client account, the Client will receive an email confirming the creation of their client account.

During registration, the Client undertakes to:

• Provide true, accurate, and up-to-date information at the time of entering it into the registration form of the service, and in particular not to use false names or addresses, or names or addresses without authorization.
• Keep the registration data up to date in order to ensure their permanent accuracy and currency.

The Client also undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or identity theft) or harmful information (such as viruses). Otherwise, the Operator will be entitled to suspend or terminate the Client's access to the Site at its exclusive expense.

Article 5 – FINANCIAL CONDITIONS

Article 5.1. Prices

The prices of the Products are indicated in euros, including all taxes. They take into account the VAT applicable in France on the day of immediate purchase or order.

The announced prices do not include delivery charges, which are generally borne by the Client.

If delivery or transportation charges apply, they will be added to the price of the Products and indicated separately before the Client confirms the order. The total amount due by the Client and its breakdown will be indicated on the order confirmation page.

Promotional offers are valid only within the double limit of the duration of the offer in question and the available stocks.

The price is payable in euros (€) only.

The price is due in full upon confirmation of the order. The proposed prices include any discounts and rebates that the Operator may grant.

Article 5.2. Payment

The Client expressly acknowledges that any order placed on the Site is an order with an obligation to pay, which requires payment of a price in exchange for the provision of the ordered Product.

For the purposes of this article, payment means the actual availability of funds to the Company.

Two payment solutions are available:

(i) Immediate payment on the site

If the Client chooses this option, the price is payable in full on the day of immediate purchase or when the Client places the order.

Payment is made through the online payment solution Stripe, by credit card.

Payment is made directly on the secure bank servers of the Operator's bank, and the Client's bank details do not transit through the Site. The bank details provided during payment are protected by SSL encryption (Secure Socket Layer). In this way, these details are not accessible to third parties.

Payments made by the Client will be considered final, and the Client's order will be recorded and validated only after acceptance of the payment by the bank.

The Client's account will be debited with the corresponding amount only when (i) the data of the used credit card has been verified and (ii) the debit has been accepted by the bank that issued the credit card.

The inability to debit the amounts due will result in immediate nullity of the sale.

The credit card may be rejected if it has expired, if the maximum spending limit to which the Client is entitled has been reached, or if the entered data is incorrect.

(ii) Payment in three or four installments without fees by phone request

Only for the purchase of barbecues, upon request, our financial partner FLOA offers payment solutions in 3 or 4 installments by credit card.

These payment solutions are reserved for individuals (adult individuals) residing in France, holders of a Visa or MasterCard credit card with a validity period corresponding to the repayment period.

FLOA, RCS Bordeaux 434 130 423, with its registered office at Immeuble G7 - 71 Rue Lucien Faure in Bordeaux (33300), is subject to the supervision of the Autorité de Contrôle Prudentiel et de Résolution (ACPR) at 4 Place de Budapest, CS 92459, 75436 PARIS CEDEX 09, and registered with ORIAS under number 07 028 160 (www.orias.fr).

FLOA reserves the right to accept or refuse your financing request; you have a legal withdrawal period of 14 days.

To learn more, click here:

https://www.floabank.fr/images/pdf/CB4X/Conditions-Gnrales-Vente-CB3X-CB4X.pdf

Please note that if you choose to pay for your order using these payment solutions, your personal data will be transmitted to FLOA Bank for the purpose of studying your financing request, managing your credit agreement, and, if necessary, debt collection. For more information, click here:

https://www.floabank.fr/politique-confidentialite

Article 6 – DELIVERY OF PRODUCTS

Article 6.1. Delivery Terms

Delivery is made in metropolitan France and in the member countries of the European Union to the address indicated by the Client at the time of ordering the Products.

Delivery is made by a carrier appointed by the Company to the address indicated by the Client during the order. No delivery will be made to a P.O. Box. Delivery of the barbecue on a pallet by the doorstep only.

It is therefore the responsibility of the Client to verify that this address does not contain any errors. The Operator cannot be held responsible if the address provided by the Client is incorrect, thus preventing or delaying delivery.

Delivery is constituted by the transfer of physical possession or control of the Product to the Client.

Any risk of loss or damage to the Products is transferred to the Client at the moment when the Client or a third party designated by them, other than the carrier appointed by the Company, physically takes possession of these Products.

Article 6.2. Delivery Charges

If applicable, delivery charges are specified to the Client before placing the order.

The validation of the order implies the Client's acceptance of the delivery charges and their commitment to pay these charges.

Article 6.3. Delivery Times

Although they are indicative, the Company will make its best efforts to meet the mentioned delivery times.

If the delivery time is an essential condition of the contract, it is the responsibility of the Client to expressly specify it before placing the order.

In the event of a delivery delay attributable to the Company, the Client may request the cancellation of the sale of the Product by registered letter with acknowledgment of receipt or on any other durable medium (including email with acknowledgment of receipt) if, after having ordered the Company to make the delivery within an additional period of 30 days according to the same modalities, it has not been fulfilled within this period.

In this case, the sale will be considered canceled upon receipt by the Company of the letter informing it of the termination, unless the Company has fulfilled its obligations in the meantime.

In the event of cancellation of the sale, the Company will reimburse the Client within 14 days from the date of cancellation.

Failure to meet delivery deadlines shall not give rise to any compensation.

(i) Delivery Time for Wood Pellets

Wood pellets are delivered within 2 business days.

(ii) Delivery Time for Barbecues and Accessories

Barbecues, being products made to order, may have a delivery time of several weeks.

The delivery time is specified at the time of placing the order.

Article 6.4. Receipt of Products

The Client is required to check the condition of the packaging and the conformity of the Product at the time of delivery and must immediately inform the carrier of any reservations they intend to make regarding the condition of the delivered Product so that they can be mentioned on the transport document: damaged packaging, damage suffered, conformity with the order, etc.

Any claim regarding visible defects or non-conformity of the Product delivered compared to the information provided on the Site, as well as any damage related to transport, must be confirmed by the Client to the Company within 48 hours following the receipt of the Product, either by registered letter with acknowledgment of receipt to the following address: 9 avenue de Friedland - 75008 PARIS, or by email to the following address: contact@montvel.com.

The Client must provide any justification regarding the reality of the non-conformities, damages, or defects observed.

In the absence of a claim made within the aforementioned time and conditions, the delivered Products will be deemed accepted by the Client.

By reporting the defect or non-conformity of the Product, if confirmed, the Client will obtain authorization from the Company to return the Products, specifying the address and return methods.

Once the return authorization has been obtained, the Client shall return the Products to the Company at the address specified on the return authorization according to the indicated methods, or hand over the Product to the carrier appointed by the Company.

Any Product returned without the prior agreement of the Company will be refused and returned to the sender at their own expense and risk.

To be validly returned to the Company and/or exchanged, the Products must not have been used and must be returned intact in their original packaging with their possible accessories, user manuals, and other documentation.

In the event that the Client returns the Product due to an established and confirmed non-conformity by the Company, the Client must use the same mode of delivery for the return of the Products as the one chosen for the shipment of the ordered Products.

In this context, the return costs will be borne by the Company through a return voucher or, failing that, by reimbursing the Client for the actual amount of these costs (the proof of shipping costs must be attached to the package; in case of absence, no refund can be requested by the Client).

Article 7 – RETENTION OF TITLE

The Operator remains the exclusive owner of the Products ordered on the Site until full payment, including any shipping costs, is received.

Article 8 – WARRANTY OF CONFORMITY AND LEGAL WARRANTY AGAINST HIDDEN DEFECTS

The Client benefits from the legal warranty of conformity (Articles L. 217-3 to L. 217-20 of the Consumer Code) and the legal warranty against hidden defects (Articles 1641 to 1648 and 2232 of the Civil Code).

WARRANTY OF CONFORMITY

Article L. 217-3 of the Consumer Code:

The seller delivers goods that are in conformity with the contract and meet the criteria set out in Article L. 217-5. They are liable for any lack of conformity existing at the time of delivery. They are also responsible for any lack of conformity that becomes apparent within two years from the date of delivery. In the case of a contract for the sale of goods containing digital elements:

If the contract provides for the continuous supply of digital content or a digital service for a duration of less than or equal to two years, or if the contract does not specify the duration of supply, the seller is liable for any lack of conformity of the digital content or service that appears within two years from the date of delivery.
If the contract provides for the continuous supply of digital content or a digital service for a duration exceeding two years, the seller is liable for any lack of conformity of the digital content or service that appears during the period in which it is supplied under the contract. For such goods, the applicable time limit does not deprive the consumer of their right to updates in accordance with Article L. 217-19. The seller is also liable, within the same time limits, for any lack of conformity caused by the packaging, assembly instructions, or installation when it was their responsibility under the contract or carried out under their responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to deficiencies or errors in the installation instructions provided by the seller. This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the consumer's limitation period for taking action is the day they became aware of the lack of conformity.

Article L. 217-4 of the Consumer Code: The goods are deemed to be in conformity with the contract if they meet the following criteria:

They correspond to the description given by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model.
They are fit for the purposes for which goods of the same type are ordinarily used.
They are supplied with all necessary accessories and, if applicable, installation instructions.
They meet the same quality and performance standards as goods of the same type that the consumer can reasonably expect, given the nature of the goods and any public statements made by the seller, the producer, or their representative, particularly in advertising or on labeling.
Article L. 217-5 of the Consumer Code: In addition to the criteria for conformity to the contract, the goods are also deemed to be in conformity if they meet the following criteria:

They are suitable for the purposes for which goods of the same type are normally used, taking into account any specific provisions of EU law or national law and any specific technical standards or codes of conduct applicable to the sector concerned.
They correspond to the description given by the seller and possess the qualities that the seller has presented to the consumer in the form of a sample or model.
They are provided with the latest digital elements, where applicable, unless the parties agree otherwise.
They are supplied with all necessary accessories, including packaging and installation instructions that the consumer can reasonably expect.
They are provided with updates that the consumer can reasonably expect, in accordance with Article L. 217-19.
They have the quantity, quality, and characteristics that the consumer can reasonably expect, given the nature of the goods and any public statements made by the seller, the producer, or their representative, particularly in advertising or on labeling. However, the seller is not bound by any public statements if they were unaware of them or could not reasonably have been aware of them, or if they were corrected before the conclusion of the contract, or if they could not have influenced the consumer's decision to purchase the goods. The consumer cannot claim non-conformity based on any particular characteristic of the goods that the consumer was informed of before the conclusion of the contract and that they explicitly agreed to.

Article L. 217-28 of the Consumer Code: If the consumer requests repairs covered by the legal or commercial warranty during the warranty period, any period of immobilization suspends the remaining warranty until the goods are redelivered after repair. This period starts from the consumer's request for intervention or the availability of the goods for repair or replacement, whichever is more favorable to the consumer. The warranty period is also suspended when the consumer and the warrantor enter into negotiations for an amicable settlement.

WARRANTY AGAINST HIDDEN DEFECTS

Article 1641 of the Civil Code: The seller is liable for hidden defects in the goods that render them unfit for their intended use or that so impair their use that the buyer would not have acquired them or would have paid a lower price if they had known about the defects.

Article 1648, first paragraph, of the Civil Code: The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

Article 9 – RIGHT OF WITHDRAWAL

In accordance with articles L221-18 and following of the Consumer Code, the Client has the right of withdrawal for certain Products.

Article 9.1. Products not eligible for the right of withdrawal

The exceptions stated in Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, especially if the order consists of a contract for the supply of goods made to the consumer's specifications or clearly personalized.

In accordance with this provision, the right of withdrawal does not apply to the following purchases on the website:

• Purchase of a customized color barbecue (other than the standard colors Mandarine, Caviar, Isigny, and Sauge);
• Purchase of a barbecue with the option of enameled cast iron grills and plancha.

For these purchases, the order is firm upon validation and cannot be unilaterally canceled by the Client at a later time.

Article 9.2. Exercise of the right of withdrawal

When the Product purchased by the Client does not fall under Article 9.1 above, the Client may exercise their right of withdrawal.

The Client will have fourteen (14) days to do so from the date of receipt of the order.

In accordance with Article L.221-21 of the Consumer Code and in order to exercise this right of withdrawal in accordance with Articles L.221-18 and following of the Consumer Code, the Client is invited to complete the standard withdrawal form by clicking on the following link:

https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397

The Operator will send an acknowledgement of receipt of the Client's withdrawal request by email.

Alternatively, the Client may exercise their right of withdrawal by notifying the following information to the Operator:

• Name, geographical address, phone number, and email address;
• Clear statement of withdrawal (e.g., letter sent by post, fax, or email, provided that these contact details are available and therefore appear on the standard withdrawal form).

The Client may use the model withdrawal form available from the link above, but it is not mandatory.

Article 9.3. Return of Products

The Client bears the direct costs of returning the Products in accordance with Article L.221-23 of the Consumer Code.

(i) Return of barbecues

Due to their size, barbecues cannot be normally sent by postal mail.

Upon receipt of the Client's withdrawal request, the Company will inform the Client of the amount to be paid for the cost of returning the barbecue.

Once the fees are paid by the Client, the Company will arrange for the transportation of the barbecue, after agreeing with the Client on the location and date of return.

It should be noted that the barbecue can only be refunded to the Client if it is returned in perfect condition, suitable for resale, unused, and with all possible accessories.

(ii) Return of other Products

Other Products must be returned by the Client by postal mail in their original packaging, in perfect condition, suitable for resale, unused, and with all possible accessories.

In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (name, first name, address) of the Client, as well as the order number and the original purchase invoice.

Article 9.4. Refund Procedure

The Operator will refund the Client the amount of the Product within fourteen (14) days from the receipt of the Product and all the necessary elements for processing the Client's refund.

The refund will only be made if the Product is returned in perfect condition, suitable for resale, unused, and with all possible accessories.

The refund may be made using the same payment method employed by the Client.

In this regard, Clients who paid for their order with credit notes/gift vouchers may be refunded with credit notes/gift vouchers at the discretion of the Operator.

By accepting these General Terms and Conditions of Sale, the Client expressly acknowledges having been informed of the withdrawal procedures.

Article 10 – INTELLECTUAL PROPERTY

The Client has no intellectual or industrial property rights over the Products, packaging, or packaging materials. The Company remains the exclusive owner of all these rights.

Any use by the Client, in any way, of the French trademark MONTVEL, registration number 4778156 on June 18, 2021, or any other trademark belonging to the Company or its suppliers and manufacturers, is strictly prohibited.

Failure to comply with this prohibition constitutes infringement and may incur civil and criminal liability for the infringer.

None of the provisions of these General Terms and Conditions shall be construed as granting the Client a license to any intellectual property rights.

The Company is the sole owner of all elements present on the website and mobile application, including but not limited to, all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, trademarks, visual identity, database, website structure, and all other intellectual property elements and other data or information (hereinafter, the "Elements"), which are protected by French and international laws and regulations relating to intellectual property.

Consequently, none of the Elements of the website may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcasted, represented, stored, used, rented, or exploited in any other manner, free of charge or for a fee, by a Client or a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Client is solely responsible for any unauthorized use and/or exploitation.

The Operator reserves the right to take legal action against individuals who have not complied with the prohibitions contained in this article.

Article 11 – PROTECTION OF PERSONAL DATA

For more information regarding the use of personal data by the Company, please carefully read the Privacy Policy (the "Charter"). You can consult this Privacy Policy on the website at any time.

Article 12 – APPLICABLE LAW AND DISPUTE RESOLUTION

These General Terms and Conditions are subject to French domestic law, including the provisions of the Consumer Code.

Disputes arising between the Parties in connection with these General Terms and Conditions shall fall under the jurisdiction of the court at the defendant's domicile or the place of actual delivery of the Product.

Article 13 – CONSUMER MEDIATION

If you are a "consumer" as defined in the preliminary article of the Consumer Code, you must first send your complaint to us directly by mail to the following address: 9 avenue de Friedland - 75008 PARIS or by email to: contact@montvel.com.

If this attempt fails or in the absence of a response within ten (10) days, you may resort to a conventional mediation procedure or any other alternative dispute resolution method, in particular by using, free of charge, within one year from your complaint, the consumer mediator competent according to the provisions of Title I of Book VI of the Consumer Code:

Centre de Médiation et d’Arbitrage de Paris Website: https://www.cmap.fr/offre/un-consommateur/ Email: consommation@cmap.fr

The mediator will attempt, independently and impartially, to reconcile the parties in order to reach an amicable solution.

The parties remain free to accept or refuse mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.

If this mediation fails or if you do not wish to use it, you remain free to submit your dispute to the competent courts.