Definitions

MERCHANT: means the company Palais des Thés offering sales of its E-GIFT CARD.
PARTICIPANT: means a natural person participating financially in whole or in part in the purchase of an E-GIFT CARD. INITIATOR: means the first PARTICIPANT in the E-GIFT CARD. PERSONAL DATA: means the list of last names, first names, postal addresses, e-mail addresses, dates of birth, and titles of users. E-GIFT CARD: means a prepaid account on the MERCHANT'S website. Each E-GIFT CARD has its own unique code. This prepaid account is domiciled on the usual bank account of the MERCHANT and constitutes an advance to the beneficiary of the GIFT VOUCHER for any orders from the MERCHANT. GIFT VOUCHER: means the electronic medium associated with the E-GIFT CARD and on which the unique code is displayed. BENEFICIARY: means a natural person that has received a GIFT VOUCHER. WEBSITE: the interface that is accessible on the Internet that allows an Internet user to purchase an E-GIFT CARD.

1 - Scope

These Terms of Use govern the sale of E-GIFT CARDS and their use. Use of the service means implicit acceptance of these terms and conditions of use. If you are a minor, you may only use the E-GIFT CARD service with the permission of your parents (or guardians). If one of the conditions of these regulations is deemed invalid, other regulations and conditions remain applicable. The MERCHANT reserves the right to modify the conditions of these Terms of Use. You may become familiar with these on the WEBSITE (link provided in the footers of the page). All use of the service following modification of the Terms of Use implies full and comprehensive acceptance of the Terms of Use in their new form.

2 - General description of the service provided

The primary function of this service is to enable the purchase of an E-GIFT CARD online. This purchase may be effected by a single person (direct purchase) or multiple persons (group gift). The primary functionalities are listed below and are non-exhaustive:

1. For the INITIATOR, the possibility to select an image for the GIFT VOUCHER, to write a message on the GIFT VOUCHER
2. The option for the INITIATOR to print out the GIFT VOUCHER, to send it immediately or with a delay to a BENEFICIARY of his/her choice, to offer others the opportunity to access the E-GIFT CARD in order to increase the balance;
3. For PARTICIPANTS, the possibility to add funds to the E-GIFT CARD via a variety of available payment means, including payment cards;
4. For the BENEFICIARY, the possibility to use the GIFT VOUCHER to make purchases from the MERCHANT.

3 - A personalized message recorded by the INITIATOR

The INITIATOR has the option of writing a personalized message that will be displayed on the GIFT VOUCHER. The MERCHANT is not responsible for the messages written by the INITIATOR and cannot guarantee their veracity. By adding content or information, you thereby give your irrevocable consent to use this content in order to process it for the needs of the service. The MERCHANT will use all information exclusively in conformance with its policy of respect for privacy. The provided content cannot:(a) infringe upon the intellectual property rights of a third party; (b) violate existing law in France; (c) be defamatory, insulting or threatening; or (d) be obscene or related to pedophilia. The MERCHANT reserves the right to erase any personalized content provided, at its sole discretion, with or without notice.

4 - Personal Data

4.1 - Data collected by the Merchant, the reasons for collection and the storage period

The data collected by the Merchant are listed in the table below. They are collected for the purpose of providing you with the gift card purchasing service. In this respect, by using the service, users expressly agree to the collection of these data to enable the purchase of a gift card. Without this acceptance, no gift cards may be purchased by or delivered to the user.

The Merchant is the data controller of these data.

The data are stored for a period making it possible to:

• Provide the gift card service
• Enable the spending of gift cards throughout their validity period
• Manage the history of transactions on gift cards, as well as after-sales service and disputes
• Analyse the risks of fraud
• Draw up statistics and improve the service

4.2 - Collection of bank payment data

Banking data are not collected by the Retailer but on a remote payment page managed by a duly authorised payment service provider. The payment service provider used by the Dealer is WORLDLINE (ATOS)

The above payment service provider is the data controller of your bank payment data.

4.3 - Other uses of your data

Unless you actively choose to allow the use of your data for commercial prospecting purposes by ticking a box provided for the purpose when making your purchase, your data will not be used for any other purpose than those defined in article 4.1

4.4 Transfer of your data outside the EU

The data collected by the Merchant are not transferred outside the EU; they are stored and processed exclusively within the European Union.

4.5 Right to be forgotten, right to correct data and right to object to processing

Pursuant to personal data protection regulations, you have the right at any time to limit processing and object to this processing.

You also have the right to access, correct and delete your personal data, and the right to their portability. You also have the right to decide what happens to your personal data after your death.

You can exercise all these rights by sending a written request via the contact link shown on the bottom of the page. For this request to be processed, you may be asked to provide a signed identity document proving that the request indeed comes from the person concerned.

5 - Participation in an E-GIFT CARD

The INITIATOR has the option to ask others to access an E-GIFT CARD that is not yet finalized, in other words when the GIFT VOUCHER has not yet been issued. For this purpose, the INITIATOR is provided with a link that can be shared with others via his/her e-mail service or any other means of his/her choice. The INITIATOR assumes responsibility for the diffusion of this link. Any visitor who accesses the contribution page of an E-GIFT CARD via a shared link is acknowledged to have done so at the express request of the INITIATOR. Any visitor accessing the contribution page via the shared link has the right to participate in an E-GIFT CARD by making a financial contribution via the available means of payment. When the visitor accesses the contribution page of the GIFT E-CARD, the name of the INITIATOR and that of the BENEFICIARY will be clearly displayed. Any PARTICIPANT is assumed to know the INITIATOR and the BENEFICIARY. Before making a contribution to an E-GIFT CARD, it is the responsibility of the visitor to ascertain the authenticity of the request from the INITIATOR. In case of doubt, the visitor is obliged to verify this directly with the INITIATOR. The MERCHANT will not be held responsible for an error on the part of a PARTICIPANT.

6 - Issuance and transmission of a GIFT E-CARD

Once the E-GIFT CARD is finalized, it is issued in the form of a GIFT VOUCHER and sent by e-mail to the INITIATOR. If he/she has selected the "send by e-mail" option, the BENEFICIARY will also receive the GIFT VOUCHER at the e-mail address provided by the INITIATOR.

The GIFT VOUCHER may not be received in the following cases:

1. The spam filter of the messaging service has blocked the attachment or redirects the message into the "SPAM" or "unwanted mail" folder.
2. The firewall has blocked the message or the attachment.
3. The inbox of the messaging service is full.
4. The e-mail address is invalid

7 - Transmission of the GIFT E-CARD to a BENEFICIARY

When a GIFT E-CARD is purchased, the transfer of ownership from the MERCHANT to the INITIATOR is effected upon issuance of the GIFT VOUCHER. The INITIATOR assumes complete responsibility for ceding and transmitting the GIFT VOUCHER to a BENEFICIARY, the third party of his/her choice, including when the INITIATOR selects the option "send to the beneficiary by e-mail." Use of the GIFT E-CARD as payment is based on the use of a code printed on the GIFT VOUCHER. The INITIATOR must keep the code and the GIFT VOUCHER secret. The MERCHANT may not be held responsible in cases of an error on the part of the BENEFICIARY, loss of or fraudulent use of the code. Similarly, once the INITIATOR transfers the GIFT E-CARD to a BENEFICIARY, the latter is acknowledged to have accepted the transfer of rights and the Terms of Use of the E-GIFT CARD specified in the supporting documentation.

8 - Validity period of the GIFT E-CARD

This card is redeemable online only at us.palaisdesthes.com. Gift cards do not expire, and there are no associated fees. They can be used for single or multiple transactions. Coupons cannot be applied to gift card purchases. The card is non-reloadable and, except where required by law, cannot be redeemed for cash, refunded, or returned. Only one gift card can be used per payment; if necessary, a secondary payment method may be required. The card is not redeemable outside of us.palaisdesthes.com, and Palais des Thes US is not liable for lost, stolen, or unauthorized use. To verify the remaining balance, contact customer service at info@us.palaisdesthes.com or by calling 212-813-2882. All terms are enforced unless prohibited by law.

9 - Use of the GIFT E-CARD by a BENEFICIARY

Use of the E-GIFT CARD as payment is based on the use of a code printed on the corresponding GIFT VOUCHER. The BENEFICIARY agrees to take all appropriate measures to ensure the security and confidentiality of this code. The MERCHANT may not be held responsible for the loss of supporting documentation containing the code or fraudulent use of the code. If the electronic documentation of the GIFT VOUCHER is lost, the BENEFICIARY must contact the INITIATOR to obtain a new electronic copy. If the INITIATOR has also lost the electronic documentation (resulting from, for example, the erasure of the e-mail containing this information), the INITIATOR may receive an electronic copy by making such a request via the contact link provided at the bottom of the WEBSITE page. In such case, the electronic copy will be resent to the e-mail address of the INITIATOR that was used to carry out the initial purchase. In any case, it is impossible to obtain reissue of a GIFT VOUCHER, or in other words a newcode.

The General Sales Conditions set out by the MERCHANT and related guarantees apply by right of law to purchases carried out using the balance available on the E-GIFT CARD. Similarly:

1. The E-GIFT CARD may be used throughout the website of the MERCHANT
2. If the balance of an E-GIFT CARD is insufficient to cover an online order, an additional transfer will be requested to finalize the order.
3. The E-GIFT CARD may be used multiple times. If a balance remains on an E-GIFT CARD following a purchase, this balance may be used for subsequent purchases within the validity period of the E-GIFT CARD indicated in the documentation.
4. If, following an order paid for with an E-GIFT CARD on website, the articles are returned or the order is cancelled, the E-GIFT CARD used for the payment will be re-credited and may then be used for another purchase

10 - Cancellation and reimbursement of an E-GIFT CARD

GIFT VOUCHERS cannot be refunded, resold, transferred as compensation or exchanged for cash.

11 - Violation of these regulations - suspension of service

We may refuse to provide our services for the following reasons:

1. a violation of these regulations,
2. we believe that your actions may entail a financial loss for us or cause harm to us or a third party or,
3. modifications are underway on the WEBSITE that make it temporarily unavailable.

12 - Tarifs

The available amounts for E-GIFT CARDS are displayed on the WEBSITE. Each contribution is added to the balance of the E-GIFT CARD without any additional fees.

13 - Guarantee limits

The MERCHANT cannot guarantee the uninterrupted operation of the Service and may not be held responsible for cases of unavailability, suspension or malfunction of the Service, in particular during times of maintenance and updates and when problems with the Internet network occur. The MERCHANT will implement state of the art solutions to avoid any fraudulent modification of the E-GIFT CARD. However, users acknowledge that the MERCHANT may not be held responsible, except in cases of proven gross negligence, for any damages resulting from:

1. breaches or fraudulent alterations carried out by unauthorized persons on the service,
2. abnormally long response times or slow operation of the service;
3. loss, damage or accidental destruction of data constituting an E-GIFT CARD or e-mails exchanged between Users and the MERCHANT, including potential fees associated with recovery, reproduction or repair of these data or messages.

The MERCHANT may only be held liable in cases connected with a proven breach of its obligations as stipulated herein. In any event, the MERCHANT will not be held liable for indirect damages sustained by the user or by a third party due to the user, in particular financial losses and/or revenues and/or profits and/or expected profit and/or chance (?) and/or issues related to reputation. All information or advice provided by the MERCHANT may in no way be treated as a guarantee.

14 - Assistance - contact

Assistance and a contact address is available via the link at the bottom of the WEBSITE.

15 - Competent jurisdiction

Any potential disputes will be resolved under French jurisdiction.