CUSTOMER CARE

The Company’s principal activity is the creation, manufacture and sale of upmarket ready-to-wear clothes and fashion accessories, which it distributes worldwide under the IRO brand name. In order to meet its customers’ requirements to best possible effect, in addition to the shops that it operates and its distribution network, the Company has set in place a distance selling system for a selection of items made available via the Internet.

These standard terms and conditions of sale and use define the parties’ respective rights and obligations in the context of the sale of products to customers and use of the Internet site. The customer declares that they have taken due cognizance of the said rights and obligations.

Article 1: Object

These standard terms and conditions of sale are applicable to all remote sales of items sold under the Company’s brand name that take place via the intermediary of the Company’s IRO website, identified by the domain name: "www.iroparis.com" (hereinafter referred to as “the Website”), to the exclusion of any other online point of sale or shop outlet:

- by accepting orders placed by customers who are natural persons acting in the capacity of a consumer (within the meaning of the law and as understood by case law) and having a usual residence as defined in Article 10 of these standard terms and conditions of sale.

- with a view to delivery to the said natural persons who are customers on their own account, or to any third party of their choosing who also have their usual residence in the same territories and whose capacity is likewise that of a consumer (within the meaning of the law and as understood by case law).

Any sale of items carrying the Company’s brand names made via the intermediary of the Website’s Customer Service and/or on the Website will be governed by these standard terms and conditions of sale. The customer accepts this stipulation. These terms and conditions of sale may possibly be modified or updated. The terms and conditions applicable to an order for an item placed by a customer will be those in force at the day on which the order was placed.

The customer acknowledges having read these standard terms and conditions of sale at the time of validating their order. Any acceptance of their order implies their acceptance of these standard terms and conditions of sale.

Article 2: Items offered for sale

The items offered for sale on the Website are those present on the website on the day on which the customer visits it and which are indicated as being sold by the Company.

Items are offered for sale within the limit of available stocks.

Items are offered for sale in the following geographical territories:

France, Corsica, France’s overseas territories, France’s overseas départements, the United Kingdom, Ireland, Belgium, the Netherlands, Spain, Greece, Cyprus, Luxembourg, Finland, Sweden, Denmark, Austria, Italy, Portugal, Germany, Brazil, Switzerland, Norway, Lichtenstein, Latvia, Lithuania, the Czech Republic, Estonia, Slovakia, Slovenia, Hungary, Bulgaria, Poland, Malta, the United Arab Emirates, Canada, the USA, Mexico, South Korea, Australia and Japan.

The information (brand name, definition, reproductions of the items, detailed description: properties, characteristics and composition, etc.) relating to all the items carrying the Company’s brand names and labels offered by means of distance selling are available, in accordance with the legal and regulatory provisions applicable, in all IRO shops or on the Website.

The photographs accompanying the items are as faithful as possible, but cannot ensure perfect similarity with any given Item.

Article 3: Liability

While taking the greatest possible care and ensuring the utmost possible accuracy when making information, descriptions of items and data available on the IRO Website and updating such information, etc., which is done regularly, the Company cannot accept liability for any non-substantial errors that may occur. In the same way, although the photographs and other reproductions of items represent them faithfully on the Website and in IRO shops, within the limits of the techniques available and in accordance with best market standards, they are provided as an indication only, and do not have contractual value.

At all events, in the event of non-conformity as between an Item delivered and its description, the Company undertakes to correct this mistake, in accordance with the provisions of Articles 12 and 13 below. Speaking in general, the Company cannot be held liable:

- for interruptions or delays recorded on the Website owing to the carrying out of maintenance work, technical breakdowns, a case of force majeure, or delays, etc. attributable to third parties, or to any circumstances whatsoever that lie outwith its control:

- if it is momentarily impossible for the customer or the Company to access the Website due to facts that lie outwith the Company’s control, such as a computer failure, interruptions that are affecting the telephone network, Internet failure or defects in the customer’s equipment used to receive Internet transmissions.

Article 4: Pre-conditions for placing an order

In order to place an order on the Website, the customer must have reached the age of majority, have a usual residence as defined in Article 10 of these standard terms and conditions of sale, have legal capacity, and be the holder of a bank card as defined in Article 8 below. The purchaser, before placing their order, shall declare that the purchase of the item(s) being made on the Website is not directly related to their professional activity and will be limited to strictly personal use.

Orders will be accepted within the limit of IRO’s available stocks. To that end, the customer will be informed on the Website’s information page describing each of the items offered for sale, at the time when the order is placed, of the availability of any given Item or, if an Item for sale is temporarily unavailable, advised of the possibility of placing an order with a view to subsequent delivery within the timeframe specified on that occasion.

If, despite Company’s vigilance with respect to this, the items ordered are no longer available, the Company will inform the customer to that effect by any means open to it (telephone call or email) as soon as possible, and will refund the price invoiced by crediting the sum in question to the customer’s bank account.

The customer undertakes to ensure that all the information communicated to the Company on the Website in the context of the order is compliant with these standard terms and conditions of sale, complete, accurate and up-to-date. Failing this, the Company reserves the right to simply cancel the order and the payment made. In accordance with the provisions of Article L.122-1 of the Consumer Code, the Company will be entitled, in the case of retail sales, to refuse to accept any order that exceeds the authorized number of items: 5 items.

The Company will also be entitled to refuse to accept any order: (i) made by a customer with whom there is an outstanding dispute concerning payment for a previous order; or (ii) that is non-compliant with these standard terms and conditions of sale.

If the Company notes that an order does not meet these standard terms and conditions of sale (e.g. wrong delivery address, order thresholds exceeded), it will inform the customer of this by telephone or email within a maximum timeframe of six (6) days. If the customer fails to contact the Company in order to correct any inaccurate information or any elements contrary to these standard terms and conditions of sale that feature in their order, the Company reserves the right to quite simply cancel the order and the corresponding payment.

Article 5: Ordering procedure

The taking of orders on the Website is subject to strict compliance with the procedures described hereinafter, which are also formalized by a succession of different screens on which are displayed the successive stages which the customer must imperatively go through in order to validate their order.

A – Stage one: Selection of Items by the customer.

On the Website, the customer selects, inputs and validates the identification and quantity of the Items that they wish to order (whose availability will be confirmed where necessary by the Company); the said articles will be added to their "Shopping Basket".

B – Stage two: Verification of the Items selected.

The customer may freely modify online their Shopping Basket consisting of the Items they have selected, remove an item initially selected, change the quantities ordered or add another item by clicking on the corresponding elements placed at their disposal within the Shopping Basket. The price of the Items, as defined in Article 7 hereinafter, will be automatically displayed In the Shopping Basket.

C – Stage three: Confirmation of the Items selected and validation of the order.

Once the customer has finished making their selection and wishes to validate the content of their Shopping Basket, they must identify themselves: if they already have a customer account with the Company, they will do so by means of their email address (login) and their password; if they do not already have a customer account with the Company, they will identify themselves by their name, the address of their usual residence, at which address the order will be invoiced to them, and their phone number. The customer must also validate: the delivery address for the order, the amount of the postage costs for the order being specified at this time, and lastly the payment method chosen. Once all this information has been duly entered and validated, the price of the Items, as defined in Article 7 hereinafter, plus the postage costs will be automatically displayed. After providing their credit card number, in accordance with the provisions of Article 8 below, the customer should then click on the "VALIDATE" button with a view to the debiting of their bank account. The authorization to debit their bank account issued by the customer's bank will then be displayed.

The customer is advised to record and/or make a paper print-out of this authorization. Once the authorization to debit the customer’s bank account has been received from their bank, their “Shopping Basket” will be directly transmitted to the Company’s department responsible for preparing orders; the customer’s order number will then be displayed. This order will be binding on the customer as from the time when the Company receives the duly filled “Shopping Basket”, validated by the display of the page on which the order is recorded.

D- Stage 4: The Company’s acknowledgment of receipt of the order.

Within a maximum timeframe of six (6) days as from the display of the page recording the registration of the order, the Company will acknowledge having duly received the order by means of an email sent to the email address communicated by the customer. In accordance with the provisions of Article 1369-2 of the French Civil Code, the customer formally agrees to the Company’s use of emails to confirm the content of their order. This confirmation email will reproduce all the information communicated by the customer and will indicate, where relevant, any difficulties or reservations raised by the order (availability of the items ordered, delivery dates or chosen method of payment).

It will mention the order number allocated to the customer by the Company. By way of an exception to the maximum timeframe of six (6) days mentioned above, the email acknowledging the receipt of orders accompanied by payments made by means of an international bank card issued by a bank domiciled outside France will only be sent by the Company once its bank account has been credited with the sums due by the customer.

Article 6: Proof of the order

Speaking generally, it is expressly agreed between the Company and the customer that emails will have probative force between the parties, as will the automatic data recording systems used on the Website, especially as concerns the nature and date of the order. In addition, the Company will retain the elements relating to any order worth €120 or more for a period of 10 years, and will hold this information at the disposal of the customer, who may send a request on this subject to IRO – 19 Rue Bachaumont, 75002 Paris.

The customer is nevertheless advised, for orders placed on the Website, to keep a copy (either in computer format and/or in the form of a paper print-out) of the information concerning their order (e.g. the email sent by the Company in accordance with Article 5-D above).

Article 7: Prices

The prices displayed on the Website are expressed in euros and are inclusive of tax but do not include delivery costs. The prices take into account the VAT applicable and any reductions applicable on the day on which the order is placed. For deliveries outside French territory, the provisions stipulated in the General Tax Code on the subject of VAT will be applicable, as likewise customs duties. The prices invoiced will be those in force at the date of the order. The amount of the delivery costs relating to the delivery of the items will be automatically displayed on the Website at the time of the customer’s validation of their order and will be communicated again to the customer at the time of confirming their order by email. In accordance with the provisions of Article L.121-19 of the Consumer Code, the customer will receive at the time of delivery written confirmation of the price paid for each item and the delivery costs payable by them.

Article 8: Payment of the price

Payment for the customer’s purchases will be made by:

- "CB", Visa, Eurocard or Mastercard. Cards issued by banks domiciled outside France must obligatorily be international bank cards. In this context, the customer undertakes to make payment by means of a bank card of which they personally are the holder and on which their identity is mentioned (surname and first name). The IRO online shop uses the Ogone payment system.

All transactions made via the IRO online shop are processed by the well-known Ogone secure online payment system, which encrypts all data and payment details. The IRO online shop does not keep any credit card number. In communicating their bank card number and/or bank account details, the customer unconditionally agrees in advance to the Company’s processing the corresponding secure transaction.

The customer therefore authorizes their bank in advance to debit their account with a view to the registrations or statements transmitted by the Company, even in the absence of invoices signed in person by the holder of the card.

Authorization to debit the customer’s account will always be given for the amount of the item(s) bought as invoiced by the Company. The customer’s bank card will be debited within a timeframe of six (6) days maximum: following the click made by the customer on the "VALIDATE” button on the Website after having verified that their order is compliant with these standard terms and conditions of sale and verified the availability of the Item(s) in question, even if they are temporarily unavailable, if this fact is accepted by the customer prior to the Company’s despatch of the item(s). If, for any reason whatsoever (opposition/objection, refusal on the part of the issuing centre, etc.), it proves impossible for the sums payable by the customer to be debited, the order will not be recorded by the Company.

It is up to the customer to record and print their payment certificate if they wish to keep the bank details concerning their transaction.

Article 9: Reservation of title

The Company reserves the ownership of the items delivered until such time as their price has been paid in principal and interest. Payment will be completed once the price has been effectively banked. In the event of total or partial non-payment, the Company may claim back the item(s) delivered by to the customer the Company, without prior formal notification to that effect.

Article 10: Delivery

The delivery of items may only take place:

- either to the customer’s usual place of residence.

- or to the delivery address indicated by the customer at the time of placing their order, it being recalled that this address must correspond to the usual place of residence of the third party beneficiary chosen by the customer or, failing this, the address of the company in which they pursue their professional activity, provided that this company is located in one of the countries determined in the paragraph of this Article entitled Zone and Delivery Costs, it being understood that deliveries cannot under any circumstances be made to a hotel or a post office box.

With respect to this, the customer undertakes to communicate the exact address of their usual residence at the time of validating their order. The delivery of the items ordered will take place, once payment of the amount of the order has been recorded, at the delivery address indicated by the customer. In accordance with the provisions of Article L.121-20-3 of the Consumer Code, delivery of the items ordered will take place, at the latest, within 30 days as from the date on which the order was placed; or within the timeframe previously notified to the customer in the event of temporary unavailability of the item in question, where this was accepted by the customer at the time of adding an item to their “Shopping Basket” prior to the Company’s acceptance of their order. The Company will deliver the items ordered by DHL from Monday to Saturday (delivery on a Saturday being made only between 8 a.m. and 1 p.m. in major conurbations (or at the beginning of the afternoon in rural areas), with the exception of public holidays. Orders will be delivered to the customer’s usual place of domicile.

In the event of a delivery that is more than 7 days late as from the delivery deadline indicated to the customer, apart from cases of force majeure, the Company will inform the customer by email that the delivery will be late. The customer will then be free to cancel the order if they so wish, in which case they will notify the Company to that effect by means of a recorded delivery letter with return receipt.

If the order has not yet been despatched at the time when the Company receives the customer’s cancellation notice, the delivery will be blocked and the customer will be refunded all sums debited from their account. If the order has already been despatched by the time that the Company receives the customer’s cancellation notice, the customer may still cancel the order by refusing to accept the parcel. The Company will then refund the sums debited from the customer’s account and the cost of returning the items defrayed by the customer following reception of the parcel, which must be returned with all its contents intact and in their original condition.

Zones and Delivery costs:

Article 11: Intellectual property rights

The Website is the exclusive property of the Company, which created the web pages, the images and source scripts, and the database making up the Website, and put them online. The customer accordingly undertakes not to disseminate or reproduce the Website in whole or in part, in any form whatsoever. The items sold by the Company, and the Company’s brand name and trademark, together with all illustrations, images, drawings, models and the logos featuring on the Company’s items sold by means of distance selling, as likewise any accessories or their packaging, whether protected by patent or otherwise, are and will remain the exclusive property of the Company. Any total or partial reproduction, downloading, modification or use of these trademarks or brand names, illustrations, images and logos, drawings and models, for any reason whatsoever or on any medium whatsoever, made without the Company’s prior written consent, is strictly prohibited. The same holds good with respect to any combination or conjunction with any other trademark, symbol, logo and, in general, any distinctive sign intended to form part of a composite logo.

Likewise the following are strictly prohibited, except in cases where the Company has given its express prior written consent thereto:

- the creation of hyperlinks to any pages whatsoever or any elements whatsoever that make up the Website.

- any use of the Website, in particular use of any of the elements whatsoever composing it (items presented, descriptions, prices, data, software, graphics, images, texts, photographs, tools, etc.) with a view to making a sale or any other directly or indirectly commercial use.

Article 12: Right of withdrawal and policy on returns

In accordance with the provisions of Articles L.121-20 et seq. of the Consumer Code, the customer has a right of withdrawal that they may exercise, without having to give their reasons, for a period of seven (7) clear days as from the time of receiving the items. In this context, they have the option to return the items delivered during this timeframe, in their original packaging, in perfect condition, undamaged, and neither spoilt nor dirty, and fully complete (with any accessories, notice, guarantee, etc.) and accompanied by a copy of the sales invoice and a return slip. It will be up to the customer to keep any proof of having made this return, which presupposes that the items are returned by recorded delivery or by any other means that makes it possible to establish a certain date. At all events, the customer will be responsible for paying for the cost of returning the items. The price invoiced for items that have been returned will be refunded as chosen by the customer, either by means of a credit note to be used on the Website only, or by crediting the customer’s bank account within at most thirty days as from the time when the Company received the returned items. Items that are returned in an incomplete state or whose condition has deteriorated or that have been dirtied by the customer will not be fully reimbursed and cannot under any circumstances give rise to the issuing of a credit note for a sum equivalent to the cost of the initial order.

The customer must occur with IRO by sending an email to customer service at the following address customercare@iro.fr. If repayment conditions are met, IRO send a DHL return label to print, which must be placed on the package. Thereafter, DHL will contact the customer by phone to schedule an appointment for removing the product.

After receipt and review by IRO of compliance requirements, the customer will receive an email to confirm the acceptance for the return of items. Whatever the means of payment used, reimbursement is activated by IRO as soon as possible and at the latest within 30 days of purchase.

The items must be returned to the following address: IRO (E SHOP) Via Carlo Strinati n. 17 – 29122 PIANCENZA - ITALIA

Items bought online may not be returned to or refunded at IRO shops.

If you have any questions, please contact IRO Customer Service at +33 1 43 16 09 29 from Monday to Thursday (9am to 6pm) and Friday (9am to 3 pm).

Article 13: Conformity

The customer must check that the items delivered to them are those that they ordered. If this is not the case, the customer must inform the Company of this without delay, by sending an email to the following address: customercare@iro.fr, notifying it that the item is not what they ordered, and when the Company has agreed that the item(s) may be returned, they must return the item(s) in question in their original packaging, in perfect condition, complete (accessories, notice, guarantee, etc.) and accompanied by a copy of the sales invoice. Items being returned must be sent by recorded delivery or by any other means that makes it possible to establish a certain date, with the cost of returning the items being met by the Company if it proves to be the case that the items sent were not those ordered by the customer. If it is not possible to exchange the Item returned and if the customer does not wish to receive a credit note from the Company, the price invoiced for the items that have been returned will be refunded by being credited to the customer’s bank account within at most thirty days of the Company’s having received the returned items, The cost of returning the items that were not in conformity with the customer’s order will be refunded by being credited to the customer’s bank account once the customer has sent documentary proofs concerning these costs. Notwithstanding any special warranty conditions that may have been forwarded to the customer with the Item delivered, the Company's items are covered by the following legal guarantees:

Article L. 211-4 of the Consumer Code:

"The seller is responsible for delivering an item that is in conformity with the sale contract, and will be answerable for any non-conformity that may exist at the time of delivery. The seller will also be answerable for any non-conformity resulting from the packaging, or from the instructions concerning assembly or installation, when it was responsible for this under the provisions of the sale contract or when this was carried out under its responsibility”.

Article L. 211-5 of the Consumer Code:

In order to be in conformity with the contract, the item must:

1. Be suited to the use for which comparable items are normally intended and must, where relevant:

- correspond to the description given by the seller and possess the qualities that the seller presented to the purchaser in the form of a sample or model.

- present the qualities that a purchaser may legitimately expect in the light of public declarations made by the seller, the producer or its representative, especially in any advertising material or on labels.

2. Or present the characteristics defined by the parties by mutual agreement, or be suited to any special use sought by the purchaser that has been brought to the seller’s knowledge and accepted by the latter."

Article L. 211-12 of the Consumer Code:

“Any legal proceedings resulting from a non-conformity will be time-barred at the end of two years as from the delivery of the item."

Article 1641 of the Civil Code:

"The seller is responsible for providing a warranty to cover any hidden defects in the item sold which render it unfit for its intended use, or which diminish the possibilities of such use in such a way that the purchaser would not have bought it or would have paid less for it had it been aware of them at the time of purchasing the item”.

Article 1648, paragraph 1, of the Civil Code:

"Any legal proceedings brought on the grounds of a latent defect must be initiated as soon as possible, in the light of the latent defects at issue”.

ARTICLE 14: Force majeure

The Company’s performance of all or part of its obligations will be suspended in the case of an occurrence in the nature of an act of God or force majeure which disrupts or delays such performance. The following will be considered to come under this heading (the following list not being exhaustive): war, riots, insurrection, social unrest, telephone network or computer system breakdowns or serious problems with respect to Internet security or coherence, strikes of any kind and problems concerning the Company’s sourcing of supplies. The Company will inform the customer of any such occurrence in the nature of an act of God or force majeure within seven days. If this suspension of the Company's performance of its obligations continues for more that a fortnight, the customer will have the possibility of cancelling the order in progress, in which case the sum paid by them will be refunded by the Company without delay by being credited to the customer’s bank account.

ARTICLE 15: Non-renunciation

The fact that the Company has at any given moment refrained from requiring the performance of any one of the provisions of these standard terms and conditions of sale cannot be interpreted as constituting its renunciation of the possibility of subsequently raising the issue of such total or partial non-performance.

ARTICLE 16: Validity of the standard terms and conditions of sale

Should any of the provisions of these standard terms and conditions of sale be declared to be wholly or partially null and void, the other provisions and all the other rights and obligations stemming from these standard terms and conditions of sale will remain unchanged and will continue to be applicable.

ARTICLE 17: The settlement of dispute

These standard terms and conditions of sale will be performed and interpreted in accordance with French Law. Should any difficulty arise on the occasion of placing the order or with respect to the delivery of the articles of the Company’s items, before taking the matter to court, the customer will have the possibility of trying to find an amicable solution, if necessary with the help of a consumer association or with the assistance of any other adviser of their choosing.

Any dispute resulting from the formation, interpretation or performance of these standard terms and conditions of sale will come within the exclusive jurisdiction of the French courts.

ARTICLE 18: Personal data

The user is informed that the automated processing of personal data, including the management of users’ email addresses has been the subject of a declaration made to the CNIL, the French data protection authority, under the number 1296286. In accordance with the French Data Protection Act of 06 January 1978, amended in 2004, the customer is entitled to access their personal data, request any modification or rectification, object to its being filed, or request its deletion.

In order to exercise this right, the customer need only send a letter to IRO, 19 Rue Bachaumont, 75002 PARIS.

Signed in Paris, on April 2th 2014.