Article 1: Scope

These General Terms and Conditions of Sale (the “GTCS”) apply to all orders placed by a non-professional buyer or consumer (the “Customer”) on the website https://clypo.com (the “Site”) for the purchase of the CLYPO product, a removable device intended to protect vehicle bumpers during urban parking.

These GTCS set out the rights and obligations of SARL BULLA, which markets the CLYPO product (the “Seller”), and its Customers, including the conditions for placing orders, payment, delivery, and the handling of any returns of the ordered product. Any order implies the Customer’s express and unconditional acceptance of these GTCS.

Article 2: Seller’s identity

BULLA is a single-member private limited liability company (Entreprise Unipersonnelle à Responsabilité Limitée, “EURL”) with share capital of €1,000.00, registered with the Lille Métropole Trade and Companies Register under number 879 480 002.

SIRET: 879 480 002 000 44

Intra-Community VAT: FR54879480002

Registered office: 167 Boulevard de Fourmies, 59100 Roubaix, France

Email: contact@clypo.com

Article 3: Product description

The CLYPO product (the “Product”) is a removable device designed to protect vehicle bumpers during urban parking. It is intended exclusively for use on vehicles that are stationary or parked.

The Customer acknowledges and agrees that the Product sold by the Seller must be used in accordance with its intended purpose.

Article 4: Order

Products offered for sale on the Site are reserved for persons with full legal capacity to place orders on the Site.

The Customer may place an order exclusively via the Site by following these steps:

• Add the CLYPO product to the cart.
• Validate the contents of the cart.
• Provide personal information (name, address, email, etc.).
• Accept these GTCS by checking the box provided for that purpose.
• Choose the delivery method (pickup point or home delivery).
•  
• Confirm payment.

In accordance with Article 1127-2 of the French Civil Code, the Customer will be able to preview their order in the form of a summary showing the total price and delivery charges, and will be able to modify their cart or delivery address, or cancel their order, as long as they have not confirmed payment to finalize the order.

After any online order, the Seller will confirm the order by email to the address registered as the Customer’s login identifier as soon as possible.

Product offers are valid as long as they are displayed on the Site, subject to available stock.

If a Product becomes unavailable after the order is placed, the Customer will be informed as soon as possible and will be reimbursed for the full price of the unavailable Product within 14 days of such notice.

Article 5: Order validation by the Seller

Notwithstanding the automatic confirmation acknowledging receipt of the Customer’s order, the order will become final as far as the Seller is concerned only after the Seller has verified the availability of the ordered Products and has actually received full payment of the total order price.

The Products offered are those shown on the Site, subject to available stock.

The Customer acknowledges that the availability of Products, as provided by the Seller at the time the order is placed and upon receipt of the order validation email, is provided for information purposes only. Despite regular stock updates, discrepancies may occur between the availability shown on the Site at the time the Customer confirms the order and the actual stock available when the Seller records and validates the order. In this context, information on Product availability is provided at the time the order is confirmed.

If one or more ordered Products are unavailable, the Seller will inform the Customer by email as soon as possible. The order will then be cancelled and no charge will be made, or, if payment has already been made, the Seller will reimburse the Customer for all sums paid no later than fourteen (14) days from the date the order is cancelled. The refund will be made using the same payment method used by the Customer for the original transaction.

The Customer acknowledges that the Seller’s final validation of the order is a condition for its performance.

Article 6: Prices

Prices are expressed in euros, including all taxes (VAT and any other applicable taxes). The Seller reserves the right to change prices at any time, but Products are billed at the price in effect at the time the order is confirmed.

Home delivery incurs additional fees, which are indicated before the order is confirmed.

The Seller reserves the right to change the prices of Products sold on the Site. Products are billed at the price in effect at the time the order is confirmed by the Customer.

The Products remain the property of the Seller until full payment has been received. The Customer is informed that, when they take physical possession of the ordered Products, the risk of loss or damage to the Products is transferred to them.

Article 7: Delivery charges

Delivery charges are indicated on the website and are reiterated before the Customer confirms an order.

Delivery to a pickup point is included in the price of the CLYPO product. For home delivery, additional charges apply; these are indicated when the delivery method is selected, before payment is finalized.

Article 8: Payment

To pay for an order, the Customer must enter their payment card number, expiry date, and CVV on the website.

The Customer may choose whether to save their payment details for future transactions. If they choose not to, they will be asked to enter this information again for each transaction.

All sales to individual consumers are payable in full at the time the Customer places the order, by secure payment card transaction for orders placed on the website. [Accepted cards: to be specified.]

The Customer’s account is debited as soon as the Seller validates the order.

Payments made by the Customer will be deemed final only after the Seller has received payment in full.

In the event of late payment, in whole or in part, due in particular to a bank rejection, and after the payment date shown on the Customer’s invoice, late-payment penalties will accrue automatically, without prior notice, calculated per day of delay at the statutory interest rate in force, applied to the total amount (including tax) of the order price shown on the invoice, without prejudice to any other action the Seller may be entitled to bring against the Customer on this basis.

The Seller is not required to deliver the Product ordered by the Customer if the Customer has not paid the full price under the conditions set out above.

The Seller retains ownership of the goods sold until full payment of the price, including any principal and ancillary amounts.

These provisions do not prevent the transfer to the Customer, upon delivery, of the risks of loss or deterioration of the goods sold, as well as any damage they may cause.

Article 9: Right of withdrawal

In accordance with Articles L. 221-1 et seq. of the French Consumer Code, the non-professional Customer or consumer has a right of withdrawal in relation to the purchase of Product(s) ordered online on the website.

The Customer may withdraw from their order, without penalty, within fourteen (14) calendar days from delivery of the ordered Products, provided that the Product is intact, in its original condition, with no signs of use, assembly, modification, or deterioration, in its original packaging, with any accessories, where applicable. The Product must not have been used.

The withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party designated by the Customer, takes physical possession of the Product(s), or of the last Product where several Products have been ordered by the Customer in a single order and delivered separately. After this period, no exchange or refund will be granted without the Seller’s express consent.

To exercise the right of withdrawal, the Customer must notify the Seller of their decision to withdraw from the Contract by an unambiguous statement, specifying the quality issue observed (via the website, or by email to customer service).

The right of withdrawal may be exercised on the website. The Customer must then follow the instructions displayed on the website.

The Customer has fourteen (14) days from communicating their decision to withdraw to return the Products concerned.

The Seller will cover the direct costs of returning the Product(s), which must be returned in perfect condition, in their original packaging, with any accessories, and with no signs of use, assembly, or deterioration. Any Product returned incomplete, damaged, deteriorated, or soiled, even in part, will not be refunded.

Likewise, the Customer may be held liable for any depreciation of the Products resulting from handling other than what is necessary to establish the nature and essential characteristics of the Products.

In the context of a return, the Products are shipped at the Customer’s sole risk.

The Seller will reimburse all payments received from the Customer, including delivery costs (except for any additional delivery costs resulting from the Customer’s choice, where applicable, of a delivery method other than the standard delivery offered), no later than fourteen (14) days from the date on which the Seller is informed of the Customer’s decision to withdraw.

The reimbursement may be deferred until the Seller has received the Products or until the Customer has provided proof of shipment of the Products. If only part of an order is returned, the Seller will reimburse delivery costs on a pro rata basis according to the number of Products returned, except where delivery costs are charged at a flat rate.

The reimbursement will be made using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees to a different means of payment. In the event of an unjustified delay in reimbursement, the amounts will be increased at the statutory interest rate.

Article 10: Delivery

10.1. Depending on the Customer’s choice, the Product may be delivered to a home address and/or collected from a pickup point (carrier). Shipping or delivery costs are borne by the Customer if the home delivery option is selected.

The Products are delivered throughout France.

10.2. Orders are dispatched within a maximum of one week after validation.

The Seller delivers the Products to the delivery address provided at the time of the order, provided that the address is accurate and accessible. The Customer’s attention is drawn to the fact that it is the Customer’s responsibility to assess whether delivery and drop-off are feasible, meaning that the delivery location must be easy to access and suitable for receiving the Product. It is the Customer’s responsibility to indicate, at the time of the order, any access details (elevator, access code, company name if delivery to a workplace, etc.).

The Customer is solely responsible for any delivery and/or drop-off failure due to insufficient information provided when placing the order.

The information provided by the Customer when placing the order (in particular, name and delivery address) is binding on the Customer. Accordingly, the Seller cannot be held liable if an error made when placing the order prevents or delays delivery.

If the Customer or any authorized person is absent, the carrier will leave a delivery notice at the delivery address indicating the procedures for a second delivery attempt or for collecting the Products from the carrier or from a pickup point (if compatible).

10.3. In the event of a dispatch delay, the order will not be cancelled. The Seller will inform the Customer of this delay by email.

The Seller cannot be held liable for consequences resulting from a delay in transit.

Article 11: Receipt of the order

The Customer is responsible for checking the conformity of the delivered Products upon receipt and, in the event of a missing or damaged Product or any delivery issue (torn or opened packaging, missing Products, damaged Products, incorrect reference, etc.), for recording all necessary remarks on the delivery note.

This check is deemed to have been carried out once the Customer, or any person authorized to receive the parcel on the Customer’s behalf, has signed the delivery document. In the event of a minor issue, the Customer shall note their remarks directly on the delivery document, followed by their signature.

In the event of a serious issue (torn or opened packaging, missing Products, damaged Products, etc.), the Customer shall refuse the parcel and state the reasons for refusal on the delivery document.

These remarks must also be confirmed in writing within five (5) days of delivery, either by registered letter with acknowledgement of receipt sent to 167 Boulevard de Fourmies, 59100 Roubaix (France), or by email, stating the order number, the references of each Product concerned, and the Customer’s choice between a new delivery to replace the non-conforming Product or a refund of the price of the non-conforming Product.

Any claim made after this time limit cannot be accepted.

The Seller undertakes to refund in full any non-conforming or missing Products within fourteen (14) days of receipt of the Customer’s claim. The refund will be made using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means of payment. In the event of an unjustified delay in reimbursement, the amounts will be increased at the statutory interest rate.

Article 12: Quality and use of the Products

The main characteristics of the Products, including in particular the specifications, illustrations, and size indications, are presented on the website. The Customer must review them before placing any order.

The choice and purchase of a Product are the Customer’s sole responsibility.

The Product is delivered with a user guide setting out assembly and operating instructions, as well as cases where use is excluded. The Customer must read and strictly comply with these instructions before using the Product.

The choice, purchase, assembly, and use of the Product are the Customer’s sole responsibility. The Product, designed as a removable bumper-protection device, is intended exclusively for use on stationary or parked vehicles, in accordance with the instructions set out on the website and in the user guide supplied with the Product.

Article 13: Warranty

The Product sold to the Customer benefits from:

• the statutory warranty of conformity; and
• the statutory warranty against hidden defects.

The statutory warranties of conformity and against hidden defects apply regardless of any commercial warranty that may be granted.

To be able to rely on these warranties, the Customer must keep the purchase invoice for the Product.

13.1 Statutory warranty of conformity

The Seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery.

The Seller is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation, where installation was the Seller’s responsibility under the contract or was carried out under the Seller’s responsibility.

The Customer has two (2) years from delivery of the Product to bring a claim.

The Customer is not required to prove the existence of a lack of conformity in relation to a new Product.

The Customer must inform the Seller of the lack of conformity within two (2) years of delivery.

Under the statutory warranty of conformity, the Customer is entitled to obtain:

replacement of the Product; or

if replacement is impossible or disproportionate, an appropriate price reduction or cancellation of the order, once the Product has been returned to the Seller.

If the Seller accepts the warranty claim, where applicable following an assessment, the Seller will replace the Product or refund the Customer within a maximum of thirty (30) days from the date the defect is confirmed.

13.2 Statutory warranty against hidden defects

Where the Product has a defect, the Customer may invoke the warranty against hidden defects within two (2) years from discovery of the defect.

In particular, the Customer must prove that the defect existed at the time of purchase, that it was hidden, and that it renders the Product unusable. The provisions of this article do not prevent the Customer from exercising the right of withdrawal in the event of a quality defect.

The Customer may request a price reduction or a full refund if the defect renders the Product unusable.

For any claim, the Customer must contact the Seller at: contact@clypo.com.

Returned Products must be in their original condition and accompanied by the invoice.

Any action arising from redhibitory defects must be brought by the buyer within two (2) years from discovery of the defect.

13.3 Warranty exclusions

The warranty will not be covered by the Seller in the following cases:

• Products not sold by the Seller;
• normal wear and tear of the Product;
• defects and consequences related to an error by the Customer, in particular in the event of damage caused by incorrect use, mishandling, or assembly or disassembly that does not comply with the instructions provided in the user guide delivered with the Product and on the website.

This includes, without limitation:

• use of the Product on a moving vehicle;
• incorrect assembly or installation that does not comply with the Seller’s recommendations;
• inappropriate handling when installing, removing, or maintaining the Product;
• storage that is detrimental to the Product’s preservation;
• use of the Product outside its exclusive intended purpose, namely protecting the bumpers of stationary or parked vehicles;
• damage resulting from force majeure;
• defects and consequences related to modification, repair, integration, or additions by the Customer that are not in accordance with normal practice.

The statutory warranty of conformity does not apply if the defect is minor or if the Customer cannot demonstrate non-conformity.

In all such cases, the Seller cannot be held liable for the defect in the Product or for any damage that may result.

Article 14: Liability

The Seller will use its best efforts to provide the Customer with a quality service. The Customer nevertheless acknowledges that the Seller is bound only by an obligation of means.

The Customer is solely responsible for the choice and selection of the Products, their storage, and their use. Accordingly, it is the Customer’s responsibility to ensure that the chosen Product is compatible with their vehicle and to check their vehicle’s characteristics before placing an order.

Given the technical nature of the Product, the Customer must strictly comply with the manufacturer’s technical requirements and safety recommendations, in particular those relating to storage, assembly, and use of the Products.

The Customer must refer to the operating instructions and/or assembly guide supplied with the ordered Product.

Article 15: Limitation of liability

The Product is designed exclusively for use on vehicles that are stationary or parked, in accordance with the detailed instructions provided in the user guide supplied with the Product and on the website. The Seller shall not be liable in the following cases:

Failure to follow the instructions for use. Any misuse, mishandling, incorrect assembly, improper disassembly, or use that does not comply with the instructions (including, without limitation, use of the Product on a moving vehicle) relieves the Seller of any liability for resulting damage, whether affecting the vehicle, the Product, third parties, or any other property.

Use of the Product on a moving vehicle. The Product is strictly intended for use on vehicles that are stationary or parked. Any use of the Product on a moving vehicle, whether intentional or accidental, constitutes a serious breach of the conditions of use. The Seller shall not be liable for the consequences of such use, including, without limitation:

• material damage to the Customer’s vehicle or to other vehicles;
• personal injury to any person, including the driver, passengers, pedestrians, or any other third party;
• damage resulting from an accident, collision, or impact caused or aggravated by the presence of the Product;
• fines, administrative penalties, or legal proceedings arising from a breach of road-traffic regulations (for example, driving with a non-approved or unsuitable device).

Use of the Product that obscures the license plate. The Product is designed with a dedicated area intended to allow a license plate to be affixed where necessary, in order to comply with any regulatory requirements regarding visibility of the rear license plate. The Seller disclaims all liability in the event the license plate is fully or partially obscured, whether due to incorrect installation of the Product, failure to follow assembly instructions, or failure to affix a license plate in the designated area. The Customer assumes full responsibility for any consequences arising from obscuring the license plate.

Improper handling or installation. Assembly, disassembly, and removal of the Product must be carried out in accordance with the instructions provided in the user guide and on the website. The Seller shall not be liable for any damage caused by misuse, incorrect installation, or improper disassembly of the Product, including, without limitation:

• scratches, dents, or other damage to the bumper or bodywork of the vehicle;
• damage to the Product itself, rendering it unusable;
• personal injury suffered by the Customer or third parties when handling the Product.

Use not consistent with the Product’s intended purpose. The Product is intended exclusively to protect the bumpers of vehicles that are stationary or parked. Any use of the Product for other purposes, including, without limitation, use as a protective device while the vehicle is in motion, as an aesthetic accessory, or for any other use not intended by the Seller, relieves the Seller of any liability. This includes damage caused by:

• overloading or excessive mechanical stress applied to the Product;
• modification or alteration of the Product by the Customer;
• use in unsuitable environmental conditions (for example, extreme weather conditions not contemplated in the instructions).

The Seller shall not be liable for damage caused by the Product in connection with any contact with third parties or objects, in particular where the Product, if incorrectly installed or used on a moving vehicle, catches on, strikes, or damages another vehicle, a pedestrian, an obstacle, or any other property. The Customer is solely responsible for ensuring that the Product is correctly installed and used in accordance with its intended purpose.

Failure to comply with local regulations. The Customer is responsible for verifying that use of the Product complies with applicable local regulations. The Seller disclaims all liability in the event of non-compliance with local laws or regulations, including those relating to protective devices, vehicle registration, or parking. The Customer assumes full responsibility for any fines, penalties, or other consequences arising from use that does not comply with applicable regulations.

Defects caused by external factors. The Seller shall not be liable for damage caused by external factors unrelated to the quality of the Product, including, without limitation:

• vandalism or intentional damage caused by third parties;
• extreme weather conditions (storms, hail, flooding, etc.);
• accidents or collisions involving the parked vehicle caused by third parties;
• normal wear and tear of the Product resulting from prolonged or repeated use.

Maintenance and upkeep. The Customer is solely responsible for maintaining and regularly checking the Product to ensure that it remains in good condition and functions properly. The Seller shall not be liable for damage resulting from lack of maintenance, negligence, or failure to check the Product before use.

The Seller shall not be liable for any indirect or non-pecuniary loss arising from use of the Product, including, without limitation:

• financial or economic loss (for example, towing costs, repairs, or fines);
• loss of time, opportunity, or use of the vehicle;
• reputational harm or other non-pecuniary damage.

The Customer acknowledges that preserving the quality and functionality of the Product is conditional upon strict compliance with the conditions of use, assembly instructions, and standards set out in the user guide and on the website.

Article 16: Force majeure

The Seller shall not incur liability in the event of non-performance or improper performance of its contractual obligations where such non-performance or improper performance results from a force majeure event within the meaning of Article 1218 of the French Civil Code and applicable national case law, including, in particular, labor disputes, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of telecommunications or electricity networks, external intrusion, computer viruses, a state of emergency, or a public health crisis.

Article 17: Personal data

The Customer may provide personal data when ordering products on the website.

The Seller collects the Customer’s data:

1. a) to process and track the Customer’s order on the Site; and/or
2. b) to contact the Customer regarding various matters relating to the Company, including in particular product updates and customer relationship management; and/or
3. c) to gather information enabling us to improve the Site and our Products (in particular through cookies).

The data collected is processed by the Site’s contracted service providers responsible for packaging and distributing the ordered Products, as well as by the hosting provider, whose servers are secured and protected by a firewall.

The data collected is retained by the Company only for the period required for the purposes set out above and, in any event, for no longer than five (5) years.

Whether the requested data is optional or mandatory will be indicated to the visitor in advance. Certain information is mandatory and necessary to process the Customer’s order and is marked with an asterisk (*). If the visitor refuses to provide their personal data, the Seller will be unable to process the order.

The personal information provided is recorded by the Seller in an electronic file.

All information collected by the Site from the Customer is processed electronically for the purposes of processing the online order and any subsequent contractual obligations.

This data may be used for direct marketing and promotional communications related exclusively to the Seller’s activities.

This data may be shared with the Seller’s partners responsible for fulfilling, processing, managing, and paying for orders.

Except in the cases set out above, the Seller undertakes not to sell, rent, transfer, or provide third parties with access to the Customer’s data without the Customer’s prior consent, unless required to do so for a legitimate reason (legal obligation, combating fraud or abuse, exercise of defense rights, etc.).

The Customer’s personal information is retained for a period not exceeding five (5) years after the Customer’s last use of the account, unless a longer retention period is permitted or required under a legal or regulatory obligation.

In accordance with the French Data Protection Act (Loi Informatique et Libertés) No. 78-17 of January 6, 1978, each visitor has the following rights at any time, which may be exercised upon request at the following address: contact@clypo.com :

• right of access, rectification, updating, or deletion of their data;
• right to object, to restriction of processing, or to data portability, where provided by law;
• right to set post-mortem instructions regarding the handling of their data.

The Seller implements measures intended to ensure the security of the files created from the personal data collected on the Site. However, the Seller cannot control the risks inherent in the operation of the Internet and draws the Customer’s attention to potential risks relating to the confidentiality of data transmitted over this network, and disclaims any liability connected with that risk.

Article 18: Governing law and dispute resolution

These General Terms and Conditions of Sale are governed exclusively by French law, to the exclusion of any foreign legislation, even if the Site is accessed from abroad.

They are drafted in French, which is the only version that is binding between the parties. In the event of translation into one or more foreign languages, the French text shall prevail in the event of any divergence in interpretation.

Pursuant to Article L. 612-1 of the French Consumer Code: “Any consumer has the right to refer the matter, free of charge, to a consumer mediator for the amicable resolution of a dispute with a professional.”

Disputes within the scope of Article L. 612-1 of the French Consumer Code are those defined in Article L. 611-1 of the French Consumer Code, namely contractual disputes relating to the performance of a contract for the sale of goods or the provision of services, between a consumer and a professional.

In the event of any difficulty, the Seller invites the Customer to first contact the customer service department, or by email at contact@clypo.com.

Any dispute relating to the validity, interpretation, performance, termination, or consequences of these Terms that cannot be resolved amicably shall be submitted to the competent courts under ordinary law.

Article 19: Changes to the General Terms and Conditions of Sale

The Seller reserves the right to amend these GTCS at any time. The GTCS applicable are those in force at the time the order is placed. The Customer is invited to consult the latest version of the GTCS on the Site before placing any order and to keep a copy.

Where applicable, any amendments and updates will be binding on the Customer upon further browsing of the Site or the Application, and it is the User’s responsibility to review the GTCS in force at each connection.