Terms and Conditions

Preamble :

These conditions are concluded exclusively between COUCOU BONITA, SAS registered with the RCS of Lyon under number 808 768 337, whose head office is located at 3, rue Bossuet 69006 Lyon France, hereinafter referred to as "Tatiane de Freitas" and any natural person purchasing a swimsuit or any other product offered for sale on the boutique area of the Site, hereinafter referred to as "the Buyer" and collectively referred to as "the Parties".

The Buyer declares that he/she is of legal age or holds parental authorization and has the legal capacity to enter into a contract, thus allowing him/her to place an Order on the e-commerce platform accessible on the website www.tatianedefreitas.com, hereinafter referred to as “the Site”.

The Parties agree that their relations will be governed exclusively by these General Conditions of Sale, hereinafter the “General Conditions of Sale” or “the GTC”, which are accessible on the Site.

Any Order placed between a Buyer and Tatiane de Freitas for any product presented and put on sale on the Site requires prior consultation and acceptance of the General Terms and Conditions.

Consequently, the Buyer acknowledges being fully informed of the fact that his agreement concerning the content of these General Terms and Conditions does not require the handwritten signature of this document, insofar as he wishes to order a product online.

These T&Cs may be subject to change.

Therefore, it is understood that the General Terms and Conditions applicable to the Order and the supply of a product are those in force on the Site at the time of placing the Order. The date of posting of these General Terms and Conditions shall be deemed to be the effective date.

Any Order placed after the entry into force of new T&Cs is therefore subject to these new T&Cs.

The Buyer has the option to save or edit these General Conditions of Sale, it being specified that both the saving and the editing of this document are his sole responsibility.

Definitions:

By “Order” : the Parties mean the process of purchasing a Product defined in the “Order” article of these General Terms and Conditions.

By “Account” , the Parties mean any personalized space on the Site intended for the Buyer and allowing them in particular to manage their Orders.

By “Product” : the Parties mean the good offered for sale online by Tatiane de Freitas, the characteristics and price of which are detailed on the Site, to be delivered to the Buyer after final validation of his Order.

By "Site" : the Parties mean the website published by Tatiane de Freitas, including any associated page and in particular the online sales services, all of which are hosted under the URL address www.tatianedefreitas.com

By “Sealed” : the Parties mean the cardboard label and the intimate protection specially inserted in the Products in order to protect them for imperative reasons of hygiene, in particular in the event of return after fitting.

1. Entirety

These General Conditions of Sale express the entirety of the obligations of the Parties.

The Buyer declares to have read, understood and expressly and unreservedly accepted all of said documents, by their simple electronic acceptance on the Site.

2. Purpose and duration

The purpose of these General Conditions of Sale is to define the rights and obligations of the Parties in the context of the online sale of any Product offered by Tatiane de Freitas to the Buyer.

These General Conditions of Sale come into force on the date of the Order.

These General Conditions of Sale are concluded for the duration necessary for the execution of the obligations provided for in these General Conditions of Sale, until the extinction of all guarantees owed by Tatiane de Freitas.

3. Signature of the Order

The Buyer's "double click" made when ordering one or more Product(s) constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

The first click constitutes the request for validation of the order, the second click constitutes the final confirmation of the order.

4. The Order

Placing your Order is done in several stages:

the Buyer selects a Product in his basket, according to his needs and the characteristics of the Product presented on the Site;
the Buyer chooses his method of payment;
the Buyer clicks on the “Order” button (1st click);
the Buyer views a summary page of his Order (basket), which he can cancel;
the Buyer clicks on the “Validate my Order” button (2nd click);
the Buyer makes payment using the applicable online payment procedure;
Finally, the Buyer receives an e-mail confirming receipt of the Order.

This Order validation email signifies the definitive confirmation of the Product Order on the Site, as well as its definitive acceptance, and thus forms the sales contract between Tatiane de Freitas and the Buyer.

Tatiane de Freitas reserves the right to cancel or refuse any Order from a Buyer with whom there is a dispute relating to the payment of a previous Order.

At the first Order, Tatiane de Freitas may request, in particular in the event of the creation of an Account, the provision of certain identification information of the Buyer: surname; first names; email address; telephone number.

5. Product Information

Tatiane de Freitas presents on the Site the necessary characteristics of the Products, such as in particular their price, description, quality, satisfying the requirements of article L 111-1 of the Consumer Code which provides the necessary possibility for the potential Buyer to know, before placing a final Order, the essential characteristics of the Product(s) that he/she wishes to purchase.

The Buyer therefore acknowledges having knowledge of the essential characteristics of any Product sold on the Site by Tatiane de Freitas.

The photographs are as faithful as possible but cannot ensure perfect similarity with the Product offered, particularly in terms of colors which may be slightly different due to internet transmission and materials.

The Buyer also acknowledges that instructions for use and washing of the Products have been communicated to him, in particular on the washing information label of the Product, and expressly undertakes to comply with them.

6. Price

The price paid by the Buyer is the one appearing on the Site on the date of the order.

The price is expressed inclusive of all taxes (TTC).

Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the Ticket.

However, in the event of a purchase by a Buyer residing outside the European Union, French VAT is not due, and the Buyer must pay the taxes in force in their country of residence to the carrier upon delivery of the Product(s).

This price is only valid on the date of the order by the Buyer.

Tatiane de Freitas reserves the right to modify its prices at any time but the Product will be invoiced on the basis of the rates in effect at the time of validation of the Order.

Tatiane de Freitas only executes its Orders once payment has been correctly made by the Buyer, who is debited for the amount immediately after the Order.

Payment of the full price must be made when placing the Order.

If an incorrect price is displayed, regardless of the reason (computer bug, data entry error, technical error, etc.), the order, even if validated, will be cancelled.

Tatiane de Freitas will inform the Buyer as soon as possible.

The Buyer will have the option, if he wishes, to place a new Order at the corrected price.

The Product(s) remain the property of Tatiane de Freitas until full payment of the price.

7. Payment Method

7.1. Payment methods offered

The Buyer can pay for his Order in three ways:

by using your bank card with secure online payment;
using their PayPal account;
using the ONEY solution 3 or 4 times.

The Order may be cancelled by Tatiane de Freitas in the event of refusal of payment authorisation by the Buyer's bank.

The Buyer is informed that any service provider of Tatiane de Freitas can verify the reliability of the information entered by the Buyer when registering an Order.

Credit card orders

The bank card is debited upon validation of the Order.

Payment by Carte Bleue, Visa or Mastercard works directly via a secure banking payment system allowing rapid processing of Orders while ensuring the security of the transaction.

Thanks to the SSL (Secure Sockets Layer) telepayment system, the Buyer is automatically directed to the server of Tatiane de Freitas' banking partner.

The transaction is in secure mode, guaranteeing the confidentiality of the information provided. This SSL encryption guarantees the Buyer that their bank details (credit card number, expiry date and cryptogram), encrypted on their own computer, do not pass through the network or even to Tatiane de Freitas. This is why the Buyer will be asked for them again for each new transaction.

This transaction is also carried out via a 3D Secure protocol which helps to strengthen security when making online purchases.

At the time of payment, the Buyer's bank verifies the identity of the cardholder before validating the transaction. It may request, for example, their date of birth, a secret code of their choice, a code received by SMS, etc.

Orders by PAYPAL

If the Buyer has a Paypal account, he will be able to use this payment method for his Order.

Following this choice of Paypal payment, the Buyer is invited to confirm his Order and to follow Paypal's recommendations during payment.

The payment will be made via Paypal.

ONEY and PAYPLUG payment

LEGAL NOTICES PAYMENT IN SEVERAL INSTALLMENTS

Payment in 3 or 4 installments by bank card is a payment solution that allows you to spread the payment of your order over 3 or 4 installments debited from the account associated with your bank card depending on the formula chosen.÷ù

See this link for more information on the T&Cs: https://f.hubspotusercontent00.net/hubfs/508350/ONEY/cgv-payplug-oney.pdf

7.2. Reimbursement

Any refunds will be made by the payment method used by the Buyer or by any other means provided that the Buyer's bank account has been debited beforehand.

8. Availability of Products

The availability of the Products offered is given on the Site for information purposes only. An acknowledgement of receipt of the Order definitively validates this availability.

In the event that one of the Products is no longer available, Tatiane de Freitas will inform the Buyer in the Order confirmation.

Tatiane de Freitas undertakes to honor Product Orders within the limit of Products still available after examination.

Indeed, Tatiane de Freitas regularly updates the Site. However, due to logistical delays, some Products may no longer be available on the day of the Order or when they are shipped.

In the event of temporary or permanent unavailability, the Buyer will be reimbursed for the price of any missing Product in accordance with the conditions of Article 7.2.

If the unavailability of the Product is temporary, Tatiane de Freitas may offer the Buyer a new delivery time. In such a case, the Buyer may either cancel the Order or continue with the Order.

To do this, the Buyer will inform Tatiane de Freitas of his decision by e-mail.

In the absence of a response within 3 days, Tatiane de Freitas will be deemed to have confirmed her Order with the new deadline.

Tatiane de Freitas may also offer the Buyer another Product at a similar price.

The Buyer will be free to accept or refuse this proposal.

The Buyer acknowledges and accepts that the information on the availability of the Products appearing on the Site is exclusively indicative.

9. Delivery

9.1. Delivery times

The Products are delivered within a time frame depending on stocks and the delivery method chosen.

This deadline is indicated when ordering and Tatiane de Freitas will do her best to respect it.

When the Buyer is qualified as a consumer, in accordance with article L.138-1 of the Consumer Code, the Products will be delivered within 30 days from confirmation of the Order.

Any delivery will only take place after validation of payment of the Order by Tatiane de Freitas.

9.2. Delivery terms

The cost of transport and delivery methods vary depending on the Buyer's choices when placing the Order.

When the Buyer chooses simple delivery by La Poste, delivery costs are fully covered by Tatiane de Freitas for any order over €149 (excluding promotional and sales periods).

The costs of any other delivery method proposed by Tatiane de Freitas and chosen by the Buyer are exclusively his responsibility.

This information is visible in the Buyer's shopping cart.

The Products are delivered to the delivery address indicated during the Order process.

9.3. Receipt of Products

The Buyer undertakes, for himself or for the recipient of the Order, to take delivery of the goods at the address he indicated when placing the Order.

Upon delivery, the Buyer or recipient of the Products must be able, if requested, to provide proof of their identity.

It is the Buyer's responsibility to check the condition and any damage to the Products themselves upon receipt.

Likewise, he must note that the Products delivered are in accordance with what was agreed at the time of placing the Order, but also that the quality, quantity and references of the Products are respected.

The Buyer acknowledges having fully verified these aspects of the Products ordered at the time of delivery.

The Buyer undertakes, after opening and checking the contents of the package(s) in the presence of the carrier, to sign the delivery receipt presented by the delivery person.

Any comments must be reported to the carrier and on the delivery note.

The mention "subject to unpacking" is not accepted and does not cover the Buyer in any way in the event of damage noted subsequently, after unpacking the package.

If a problem arises on a Product (tear, stain, etc.) the Buyer's refusal is mandatory on the Product damaged during transport, he will have the delivery person co-sign and will keep a copy of the delivery note. As such, Tatiane de Freitas disclaims any liability in the event of damage noted after the transfer of ownership at the time of delivery.

Strict application of these recommendations will lead to a rapid and efficient resolution in the event of a problem upon delivery, and will allow the Buyer to calmly approach the receipt of their Products.

10. Returns – Legal guarantees – Right of withdrawal.

10.1. Return procedure

Following receipt of the Product(s), the Buyer may request a replacement or a refund.

As such, any return of a Product is exclusively granted by Tatiane de Freitas to the Buyer in the context of one of the following cases:

of return in the event of late delivery, according to the conditions of article 10.1;
of the guarantee of conformity according to the conditions of article 10.3;
of the guarantee of hidden defects according to the conditions of article 10.4

The return procedure to be followed for each of these hypotheses is as follows:

The Buyer may return his/her Product by sending it by registered letter with acknowledgment of receipt to the following address: Tatiane de Freitas, 3, rue Bossuet 69006 Lyon, France. In his/her registered letter, the Buyer must expressly specify the detailed reason justifying the return, the delivery date, his/her Order number as well as his/her surname, first name, postal address, and e-mail address, as well as any other supporting document that would be necessary for Tatiane de Freitas to verify the request.

After receiving the registered letter including the returned Product, Tatiane de Freitas will proceed to examine the request after sending an e-mail to the Buyer confirming the correct receipt of the Product.

Tatiane de Freitas will then examine whether the return request is well-founded, in which case it will replace or refund the Product in the cases and conditions exclusively provided for in this Article 10.

Otherwise, the request will be rejected and the Product will be returned to the Buyer in accordance with the Order.

The Buyer may also contact Tatiane de Freitas for any questions:

by email to: coucou@tatianedefreitas.com
by post to the address: Showroom Tatiane de Freitas - SAS Coucou Bonita 3, rue Bossuet 69006 Lyon

The Parties expressly acknowledge that the Products consist mainly of intimate clothing and are therefore protected by a Seal, for imperative reasons of hygiene.

Consequently, the Buyer wishing to return a Product already tried must not under any circumstances unseal it.

Any Product whose protective Seal has been removed, modified, replaced or moved will be expressly considered unsealed .

In such a case, no return request from the Buyer under this Article 10 will be accepted, whether for late delivery or for the right of withdrawal.

10.1.1 Returns during Sales or Private Sales

During the sales or private sales period, items remain exchangeable under the same conditions as full-price items. Returns must be made at the customers' own expense and in compliance with the following conditions:

Items must be returned within 14 days in their original condition, sealed and with their labels intact and in their original packaging.

No exchange or refund will be made without compliance with the above-mentioned return conditions.

We thank you for your understanding and cooperation. For more information on the return procedure, please visit our returns page at https://tatianedefreitas.com/returns .

These conditions apply specifically to purchases made during the sales or private sales period.

10.2. Delay in delivery

The delivery time may not under any circumstances result in the payment of damages to the Buyer or the Buyer's service providers.

In the event of a delivery delay of more than 15 days, the Buyer may cancel his Order in accordance with the terms of Article 10.1 above.

10.3. Legal guarantee of conformity

The Buyer is informed that he has a legal guarantee of conformity of the Products, the main provisions of which are reproduced below:

Article L211-4 of the Consumer Code

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

It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.

To comply with the contract, the property must:

1° Be suitable for the use usually expected of a similar good and, where applicable:

correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L211-5 of the Consumer Code

To comply with the contract, the property must:

1° Be suitable for the use usually expected of a similar good and, where applicable:

correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

Article L211-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

10.4. Legal guarantee of hidden defects

The Buyer is informed that he has a legal guarantee against hidden defects in the Products, the main provisions of which are reproduced below:

Article 1641 of the Civil Code

The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

11. Right of withdrawal

11.1. Principle

The right of withdrawal only applies to natural persons considered to be consumers within the meaning of the Consumer Code.

The Consumer Code allows any Buyer with this status to return the goods without any reason within fourteen (14) days of receipt.

If the expiry of this period occurs outside a working day, the period is extended until the first following working day inclusive.

In accordance with the Consumer Code, the Consumer Buyer will be reimbursed for the full price paid for the Product including delivery costs unless the Buyer concerned has chosen a more expensive delivery method than the standard delivery method offered, in which case the excess remains the responsibility of the Buyer.

Return costs are not refunded.

The refund will be made via the same payment method that the Consumer Buyer had initially chosen and within thirty (30) days from the date on which Tatiane de Freitas is informed of his wish to exercise his right of withdrawal.

In the event of a delay in reimbursement, the amounts owed by Tatiane de Freitas to the Buyer will be increased:

of five (5)% if the delay is between 10 and 20 days,
of ten (10)% if the delay is between 20 and 30 days,
of twenty (20)% if the delay is between 30 and 60 days,
of fifty (50)% if the delay is between 60 and 90 days.

Beyond this, an additional five (5)% will be paid cumulatively for each month of delay until full payment of the Product, then the legal interest rate.

11.2. Return procedure in case of exercise of the right of withdrawal

In the event that the Buyer exercises his right of withdrawal, he must return the Product concerned accompanied by:

of the withdrawal form provided upon sending and duly completed;
of all its possible accessories;

The Product must be returned in its original packaging, unopened, the Seal must be kept in the same place as its initial location.

11.3. Absence of the right of withdrawal

The Buyer is informed that his right of withdrawal does not apply, in accordance with article L.121-21-8 of the Consumer Code, in the event of "(…) - Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection (…) ;

Products corresponding in particular to intimate clothing, such as swimsuits, are protected by a Seal for imperative reasons of hygiene.

In this respect, the Buyer is informed that no unsealed Product may be subject to a right of withdrawal.

12. Liability

12.1. Site

The Buyer is warned of the technical hazards inherent to the Internet, and of the interruptions of access which may result from them and he acknowledges that in the current state of computer technology and its very rapid evolution, it is impossible to guarantee that the Site will function without discontinuity and without malfunctions.

Consequently, Tatiane de Freitas will not be held responsible in any way for the consequences of any maintenance interruption, whether scheduled or not, nor for any slowdown or unscheduled unavailability of the Site.

The Site is provided “as is”, with Tatiane de Freitas disclaiming any express or implied warranties.

As such, no obligation to provide, maintain or maintain the Site rests on Tatiane de Freitas and the Site may be permanently or temporarily made unavailable or modified, and this is solely due to the choices of Tatiane de Freitas, the Buyer having no rights in this regard.

Tatiane de Freitas, although bound by an IT security obligation, cannot guarantee that the Site will be uninterrupted, error-free, or guarantee the absence of modification, intrusion, alteration, unavailability of the Site carried out by a third party (person, virus, etc.).

Tatiane de Freitas is not responsible for any consequence of a security defect (hardware or software) of the connection terminal (computer, mobile phone, etc.) used by the Buyer.

The Buyer therefore has exclusive responsibility for securing your access to the Site.

You acknowledge that Tatiane de Freitas assumes no liability whatsoever towards the Buyer or any third party for any damage suffered in particular as a result of direct, indirect or unauthorized access and use of the Site.

More generally, Tatiane de Freitas cannot be held responsible for elements beyond its control and for damage that could possibly be suffered by the Buyer's technical environment and in particular, its computers, software, network equipment (modems, telephones, etc.) and any material used to access or use the Site.

12.2. Proper use of the Products

The Buyer uses the Products as he sees fit.

However, the Products are made of a material that requires, for their use and washing, minimal care and appropriate washing and use instructions.

Tatiane de Freitas will not be responsible in any way for the choices and consequences of the use of the Products by the Buyer.

Notwithstanding any clause to the contrary in these General Terms and Conditions, no return, refund, guarantee or withdrawal whatsoever is due in the event of:

failure by the Buyer to comply with the instructions for use and washing of the Products;
visual deterioration, soiling, lack of maintenance, accidental or intentional tearing of the Products;
normal wear and tear of the Products;

As such, Tatiane de Freitas cannot be held responsible for any consequences or damage which could possibly be suffered by the Product or the Buyer.

12.3. Limitation of liability

Tatiane de Freitas excludes all liability under any title or legal basis whatsoever for indirect damages such as loss of earnings, commercial or financial loss, consequences of third-party recourse or loss originating from or resulting from the GTC, as well as damages caused to persons or property distinct or not from the subject of the GTC.

The above exclusions of liability apply whether or not Tatiane de Freitas has been advised of the possibility of such damages.

In any event, in the event that Tatiane de Freitas is found liable, the total amount of compensation that Tatiane de Freitas may be required to pay to the Buyer may not exceed the amount actually received by Tatiane de Freitas for the Order that is the subject of the complaint, without being able to be less than the sum of €100, regardless of the legal basis of the complaint and the procedure used to resolve it.

The provisions of this Article allocate the risk between the Parties; the agreed prices reflect this allocation of risk and the resulting limitation of liability.

12.4. Force majeure

In the event of force majeure as recognized by the French courts, the Parties will be authorized to cancel any obligation incumbent on them under the T&Cs.

Force majeure means in particular any event beyond the control of the Parties, which prevents the Parties from performing their obligations or which deprives the GTC of cause or object.

13. Data Protection Act

13.1. Personal data

Tatiane de Freitas undertakes to comply with the legislation in force relating to the protection of privacy with regard to the automated processing of personal data.

The processing of any personal data included in the Buyer's data and collected when placing an Order is subject to a declaration of conformity with Simplified Standard No. 48, with the National Commission for Information Technology and Civil Liberties (CNIL).

13.2. Data concerned

The information and personal data that may be collected and subsequently processed by Tatiane de Freitas are those that the Buyer voluntarily transmits in any input form when creating an Account, or that he is required to transmit when placing an Order, and in particular: surname, first name, telephone number and email address.

13.3. Purposes

The information and data, where applicable, identified as mandatory within any form may be necessary for the purposes of benefiting from the Site's services and in particular the Online Ordering and Personalized Account creation services.

13.4. Data retention and transmission

The information and data are processed and stored on the server of its service provider OVH, under conditions designed to ensure their security, and are kept for the period strictly necessary to achieve the purposes referred to above.

Beyond this period, they will be kept for exclusively statistical purposes and will not give rise to any exploitation of any nature whatsoever.

The Buyer is however informed that they may be disclosed in application of a law, a regulation or by virtue of a decision of a competent regulatory or judicial authority or, if this proves necessary, for the purposes of preserving the rights and interests of Tatiane de Freitas in the context of legal proceedings.

13.5. Rights of access and rectification of Data

In accordance with the "Information Technology and Freedoms" law n°78-17 of January 6, 1978, the Buyer has the right to access and rectify information concerning him/her.

The Buyer wishing to exercise one of these rights is invited to contact Tatiane de Freitas:

by email to: coucou@tatianedefreitas.com
by post to the address: 3 rue Bossuet 69006 Lyon France

13.6. Data Security

Tatiane de Freitas attaches particular importance to data security and implements all appropriate measures to limit the risks of loss, deterioration or misuse of data.

14. Retention of title

Transfer of ownership of the Product to the Buyer only occurs upon delivery and after full payment of the invoiced price.

Failure by the Buyer to meet Tatiane de Freitas' payment obligations gives the latter the right to immediately cancel the Order.

15. General provisions

15.1. Titles

The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

15.2. Nullity

If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions shall retain their full force and scope.

15.3. No Waiver

The fact that one of the Parties does not avail itself of a breach by the other Party of any of the obligations referred to in these General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in question.

15.4. Partial non-validation

15.5. Applicable law and attribution of jurisdiction

These General Terms and Conditions are governed by French law even if one of the Parties is of foreign nationality and/or these General Terms and Conditions are executed in whole or in part abroad.

In the event of a difference of interpretation of a translated version, only the French version of this document shall be authentic.

Any dispute or litigation arising from the validity, interpretation and/or execution of these General Terms and Conditions, which the Parties cannot resolve amicably, will be subject to the exclusive jurisdiction of the materially competent Court of Lyon, even in the event of multiple defendants, summary proceedings or third-party claims.

Legal references

Article L121-21-8 of the Consumer Code:

“The right of withdrawal cannot be exercised for contracts:

1° Of the provision of services fully performed before the end of the withdrawal period and the performance of which began after the express prior agreement of the consumer and express waiver of his right of withdrawal;

2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;

3° Supply of goods made to the consumer's specifications or clearly personalized;

4° Supply of goods likely to deteriorate or expire rapidly;

5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° Of supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;

7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

11° Concluded at a public auction;

12° Of the provision of accommodation services, other than residential accommodation, of goods transport services, of car rentals, of catering or of leisure activities which must be provided on a specific date or during a specific period;

13° Of supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.