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GENERAL

This site is published by FRANCESCO SMALTO INTERNATIONAL (hereinafter FSI) a simplified joint stock company with an issued share capital of €11,272,670.84, registered in the PARIS register of trade and companies under no. B329 120 794, whose registered office is situated at 2, rue de Bassano, 75116 PARIS.

FSI has done everything possible to ensure the accuracy and updating of the information broadcast on this site, as well as access to this information.

FSI declines any liability, however, for:

- any interruption to display of the site

- the incidence of bugs

- any inaccuracy or omission in the information on the site

- for any damage resulting from fraudulent access by a third party that may have produced a change to the information circulated on this site

- and more generally, any damage, direct and indirect, regardless of the causes, origins, nature or consequences thereof, and including especially, though not exclusively, any costs that might arise due to the acquisition of goods offered on the site through access to the site by anyone or the impossibility of granting the request or a credit granted for information originating directly or indirectly therefrom.

PROTECTION OF PERSONAL DATA

FSI undertakes to take every useful precaution to ensure the security of the files and the protection of its computer system and in particular to prevent a Customer’s personal information being altered or damaged, or giving access thereto to any unauthorised third party.

The Customer’s personal information will be sent and stored by the site hosting company which is located in France, and whose address is shown under the heading “Legally required notices”.

Under the French law entitled "Informatique and Liberté" [data protection] of 6 January 1978, as amended by the law of 6 August 2004, the Customer shall benefit from a right of access, correction, amendment and removal of his/her personal data.

This site has been reported to the Commission Nationale de l'Informatique et des Libertés - CNIL – under no. 1471987 v 0

The Customer may exercise this right by sending a letter or an email to the following address, specifying his/her surname, first name, email address and postal address:

FRANCESCO SMALTO INTERNATIONAL

Service Client e-boutique

2, rue de Bassano

75116 PARIS

The Customer may also amend his/her personal address data from his/her customer space, identifying himself/herself by means of his/her email address and password.

FINALITY OF COLLECTION

The FSI company needs to collect a certain amount of information required for processing orders.

This data is not only necessary for FSI in order to process the Customer’s order but also in order to provide the Customer with information about the brand and the Site or enabling him/her to benefit from special offers, if the Customer so agrees by validating his/her order and creating a customer account.

This information is strictly confidential and is marked by an asterisk (*) when it is required by FSI, and/or its service-providers for the purpose of management of the Customer’s order.

If the legal authorities issue an order to this effect or if it is required to do so in order to defend its rights or those of its employees, customers or anyone else, FSI may communicate this data to the bodies and authorities legally entitled to receive it.

In accordance with its legal obligations, FSI shall retain this data for a specified period proportional to the purposes for which you provided it. Thus, data communicated due to registration for the newsletter shall be retained until the internet user terminates the subscription.

The data collected will be used exclusively by FSI.

INTELLECTUAL PROPERTY RIGHTS

All of the elements in the site and the site itself are copyright-protected and are protected by the laws of trademarks, designs and models and/or any other current law.

These items belong to the FSI company or have been used with the consent of a third party which authorised the FSI company to use them. They may be used for private, personal and non-commercial use. If used, they must match the items reproduced, so that no change or alteration of any sort may be made to them. Any usage for purposes other than those listed above will require prior written permission from FSI.

The use of content from this site in breach of these instructions shall constitute counterfeiting within the meaning of the Intellectual Property Code.

LINKS

This site may contain links to other websites. To the extent that the FSI cannot control these sites and the external sources, it cannot be held liable for problems of access to or the content of these sites.

Furthermore, FSI reserves the right to authorise any type of simple deep hypertext link and reference.

FSI uses cookies in order to process orders from Customers, and for the purpose of better understanding his/her needs and personalising the services offered on the Site.

A cookie is an automatic file stored on the hard disk of the Customer’s micro-computer that is designed to issue an alert that he/she has entered the Site.

Cookies memorise how long the Customer spent on the Site, his/her identity (known thanks to his/her email address and his/her password) and the content of his/her basket. Once the Customer has disconnected from the Site, this information is stored for 30 (thirty) days before being definitively deleted.

A Customer may prevent cookies being recorded by configuring his/her Internet navigator accordingly.

WEB BEACONS

Certain web pages on the site may occasionally contain electronic images or “web beacons” that make it possible to count the number of visitors to a particular page. These web beacons can be used with some of our partners, mainly in order to measure and improve the visibility of certain pages.

In any event, information obtained via these beacons remains strictly anonymous and simply makes it possible to collect statistics on the popularity of certain pages on the site, so that we can better serve those who use our site.

Recitals:

FSI is responsible for the operation of the Internet site of FSI, whose registered office is located at 2 rue de Bassano, 75116 PARIS, France, and registered with the Paris Trade and Company Register under No. B329 120 794.

BETWEEN:

FRANCESCO SMALTO INTERNATIONAL

a simplified joint stock company [société par actions simplifiée] with a share capital of EUR11 272 670,84.

registered office at 2 rue de Bassano, 75116 PARIS

registered with the Paris Trade and Company Register under No. B329 120 794.

AND

Any natural person, non-merchant, exclusively domiciled in Germany, Austria, Spain, Finland, metropolitan France, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Slovakia or Slovenia and purchasing a product on the site.

For the purposes of this document's application, it is agreed that the Client and FSI shall be referred to jointly as the "Parties" and individually as the "Party". These terms (hereinafter referred to as the "standard terms and conditions of sale") govern product sales made by FSI from the Site.

FSI reserves the right to amend these standard terms and conditions of sale at any time, by publishing a new version on the Site. The applicable standard terms and conditions of sale are those in force on the Site on the date the Client places the order. Any order of a product offered on the Site entails the Client's full and complete acceptance of the standard terms and conditions of sale in force at the time of the placing of his/her order.

ARTICLE 1: PURPOSE

The purpose of these standard terms and conditions of sale is to define the conditions in which the products are sold by FSI to the Client. Accordingly, they govern the various stages of the making of the sale: from the Client's placing of the order, to the delivery of the product.

ARTICLE 2: PRODUCTS

The products offered for sale by FSI are those featuring on the Site on the date of the Site's consultation. The photographs illustrating the products are not contractual; moreover, each product is covered by a description sheet.

FSI undertakes to deliver products that conform to European provisions governing human safety and health, and legislation governing regulated chemical substances in particular.

The company reserves the right to reject any order from a client with whom there is a dispute.

The offers presented are valid as long as they are announced on the Site and within the limit of available stocks.

The offers presented are valid subject to their availability. Information on the availability of the products is provided to the Buyer at the time the buyer places his/her order.

In the event that a product is unavailable after an Order has been placed:

- the buyer shall be so informed, by e-mail, as soon as possible.

- the Buyer's Order shall be automatically cancelled and his/her bank account shall not be debited.

ARTICLE 3: PRICES

Prices are indicated in euros, including all taxes, but excluding delivery costs.

The company reserves the right to modify its prices at any time, although products ordered are invoiced at the price in force at the time that the order is registered.

Delivery costs are communicated to the Client on the order summary, prior to

the order's approval; they include all taxes, except in the case of a special offer. These expenses shall be borne by the Client and/or invoiced over and above the selling price of the products.

The risks of loss and damage of the products shall be transferred after delivery and after the Client's acceptance of the products.

ARTICLE 4: ORDER AND PAYMENT OF THE PRODUCTS

4.1 Placing of the order

- 1: the Client checks the contents of his/her basket; at this time, he/she can modify his/her order (product, size and quantity).

Once the order has been checked and, if applicable, modified, the Client selects his/her country of delivery, after which he/she validates his/her basket in order to finalise his/her order, by clicking on the "access to payment" button.

- 2 : The Client registers on the site or identifies himself.

- 3: The Client checks his/her delivery address, accepts the standard terms and conditions of sale, after which he/she accesses the banking partner's site, by clicking on the "access to payment" button,

- 4 : Entry of bank details: the Client will then access the secure payment screen of FSI's partner.

Payment is made online, by credit card only.

The Client must enter his/her credit card number, his/her card's expiration date, as well as the three numbers on the visual cryptogram present on the back of his/her card. The Client may be asked to provide an additional code via his/her banking institution's platform, in accordance with the 3D Secure system. The Client must enter four figures for payments using the American Express card.

Si le paiement est accepté, le Client sera redirigé vers un écran de confirmation de commande sur le site.

If the payment is accepted, the Client shall be redirected to an order confirmation screen on the site.

If payment is not accepted, the Client shall have up to 3 attempts to re-enter his/her bank details. After the 3rd unsuccesful attempt, the Client shall be redirected to the site where a screen will appear notifying him that his/her payment has been refused.

4.2 Confirmation of the order

Upon acceptance of the Client's payment, the Client shall receive an e-mail confirming his/her order. The confirmation will contain all of the items ordered, and the delivery and billing address.

The Client's validation of the order and the order confirmation sent to the Client by e-mail by FSI, following acceptance of the payment, shall be deemed as the conclusion of a contract of sale between the Parties and acceptance of the Standard Terms and Conditions of Sale.

The Client having placed an order shall have the right to print his/her invoice by connecting to the Site and accessing the order tracking section provided for this purpose.

FSI reserves the right not to approve the order if the Client has made abnormal or wrongful claims, placed orders that are abnormal in terms of the quantities ordered or exchanged, made abnormal or wrongful returns, or if the price of the products contained in the order is clearly incorrect, or in the event of an existing dispute with the Client.

If the Client has credit on his/her client account and if the amount of this credit is equal to the amount of his/she order, he/she can use this amount at the time of the validation of his/her basket, by entering the corresponding code in the field provided for this purpose. The products shall remain the company's property until the entire amount of the order has been received.

FSI's Customer Service Department is available to the Client for all matters concerning his/her order. The Customer Service Department is available by e-mail and by phone from Monday to Friday from 9:30am to 6:00pm (GMT +1).

4.3. Payment

The price of the products purchased and payable in cash, in full, on the date the Client places the order.

Payment is made online by credit card (bank-issued credit cards, Visa, Eurocard/MasterCard, or American Express) at the time that the Client validates the order.

The request for authorisation to debit the card is made at the time of the order's validation on the Site, unless the servers are unavailable. FSI reserves the right to submit a renewed debit authorisation request in the event that the first request was not accepted due to a lack of available servers.

In the event of a payment problem, or any other problem regarding the Client's account, FSI shall be entitled to block the Client's order until the problem has been resolved.

In the case of fraudulent use of his/her credit card on the Site, or if there is a payment problem, the Client is invited to contact FSI by e-mail, at the following address: service.clients@smalto.com.

Transactions executed on the Site are secured by the payment system of FSI's partner, Ogone.

All information exchanged for the purpose of processing the payment is encrypted using the SSL (Secure Socket Layer) protocol. These data cannot be detected , intercepted or used by third parties. At no time do the Client's financial data circulate in FSI's computer system.

The payment operator checks to make sure that the connection with the Client's browser is secure before sending the payment form to the banking institution that executes the financial transaction.

As the payment operator is a technical provider, it shall not be responsible for disputes associated with orders that are handled directly by FSI as indicated above, or, if applicable, by the Client's bank.

4.4. Archiving of the order

Confirmation of the order is recorded in FSI's records, which in turn are stored on a reliable, durable medium. The Client accepts that confirmation of the order is considered as proof of the contractual relationship existing between the Parties.

ARTICLE 5: DELIVERY

FSI shall deliver orders accompanied by a delivery slip, within at most ten (10) working days --for a delivery to Germany, Austria, Belgium, Spain, Finland, metropolitan France, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Slovakia or Slovenia-- from the day following the order's payment date.

The carrier's risk is borne by the buyer with respect to delivery; missing products, damaged products, products that do not conform to the order, or delivery damages must be notified within two business days following the order's receipt, by registered mail with acknowledgement of receipt, sent to the carrier.

At the time the order is dispatched, each package has a dispatch code that is sent by e-mail to the Client to enable the latter to track the dispatching of this package on the sites of the relevant carriers.

FSI reserves the right to choose the carrier who will deliver the order. The price is currently fixed at 15 (fifteen), 25(twenty-five) or 85 (eighty-five) euros according to the chosen service, although FSI reserves the right to vary this amount at any time, based on the dimensional weight and the country of delivery.

ARTCLE 6: RECEIPT OF THE ORDER - COMPLAINTS - RETURNS

Upon delivery, the Client is bound to verify the conformity of the products received. After a 7 day period, and unless there are hidden defects, no complaint will be accepted by FSI; in this case, the products shall be deemed to be in compliant.

These articles must not have been worn and must be in their original packaging, failing which the return will not be accepted and the Client shall not be reimbursed for the order.

The Client must respect the following procedure for any return or exchange of non-compliant products.

Firstly, you must send, within 7 days upon the delivery date, a mail to the address : retour-eboutique@smalto.com, with the following elements :

Name and Forename
Order number
Items you wish to return
Reason for return
If you wish to exchange and within availability, the size and colour requested in ex-change, knowing that you may only exchange for the same model ordered initially (one exchange per order)

Within 48 hours, you will receive a mail to print out and insert into your parcel with the items you wish to return. This mail will contain a pre-stamped delivery slip to print and place on your return parcel.

Once the items have been received, Smalto will inform you by mail regarding the conformity of your return and the following steps.

No return will be accepted without respecting this procedure.

If these conditions are satisfied, FRANCESCO SMALTO INTERNATIONAL will refund the full amount of the item (VAT included) to the customer (excluding delivery costs).

The customer’s bank account will be credited the said amount within thirty (30) days, beginning at the reception of compliant items by FRANCESCO SMALTO ITERNATIONAL.

ARTICLE 7: PERSONAL INFORMATION

FSI shall collect the information needed to process orders.

This information is not only necessary to FSI's processing of the Client's order, it is also needed to communicate to the Client information on the brand, the Site or to send the Client offers, if the Client accepts this, by validating his/her order and by creating his/her client account.

The information is strictly confidential and is mentioned by an asterisk (*), if it is needed by FSI, and/or its providers, to process the Client's order.

FSI shall be entitled to communicate this information to legally authorised entities and authorities, following any order by legal authorities or in order to defend its rights or those of its employees, clients or any other person.

FSI undertakes to take any and all precautions needed to ensure the security of its files and the protection of its computer systems and, in particular, to prevent the Client's personal information from being distorted or damaged, or to make sure that unauthorised third parties do not have access to said information.

The Client's personal information is sent and stored at the Site's hosting entity located in France, the contact information of which appears on the Site in the section "Information required by law".

In accordance with the French "Data Processing and Freedoms" Act of 6

January 1978, as amended by the Act of 6 August 2004, the Client is entitled to access, rectify, modify and delete information concerning him.

The site is declared to the French National Data Processing and Freedoms Committee (Commission Nationale de l'Informatique et des Libertés -CNIL) under the number to be filled out

The Client can exercise this right by sending a letter to the following address, or by e-mail, specifying his/her full name, e-mail and postal address:

FRANCESCO SMALTO INTERNATIONAL

Service Client e-boutique

2, rue de Bassano

75116 PARIS

The Client can also modify his/her personal contact information via his/her client space, by identifying him-/herself using his/her e-mail address and password.

ARTICLE 8 : COOKIES

FSI uses cookies to process the Client's order and to gain a better understanding of the Client's needs, while personalising the services offered on the Site.

A cookie is a computer file stored on the hard drive of the Client's personal computer, the purpose of which is to indicate where the Client has been on the Site.

Cookies memorise the time spent by the Client on the Site during the latter's visit, the Client's identity (known thanks to his/her e-mail address and password) and the content of his/her basket. Once the Client has disconnected from the Site, this information is memorised for 30 (thirty) days before it is permanently deleted.

The Client can oppose the recording of cookies by configuring his/her Internet browser. In this case, he/she will lose all personalisation of the service that is offered to him on the Site.

ARTICLE 9: LIMITATION OF LIABILITY

The placing of an order on the Site entails the knowledge and acceptance of the procedures in force on the Internet network, in particular, as regards technical performance, response time, connection time, information queries or transfers, the risks of power cuts, the risks of contamination by viruses circulating on the network and, in general, all risks associated with the use of the Internet network.

Accordingly, under no circumstances will FSI be held liable for any direct or indirect damage arising from improper use or from an incident associated with the use of the computer, access to the Internet, maintenance or malfunction of the service, telephone line, or of any other technical connection; the Client connects to the Site under his/her entire responsibility.

ARTICLE 10 : FORCE MAJEURE

FSI shall not be liable for a total or partial breach of its obligations pursuant to the order placed by the Client, if this breach is caused by an event that constitutes a force majeure situation as defined by positive law.

In such a case, FSI shall inform the Client by email of the occurrence of such event, within 3 (three) clear days following its occurrence.

After 1 (one) month, and if the event comprising a force majeure situation persists, the order shall be cancelled and, if applicable, FSI shall refund the credit card used to place the order, within at most 30 (thirty) days.

ARTICLE 11: GOVERNING LAW

The standard terms and conditions of sale are performed and construed in accordance with French law. In the event of a dispute, the Client shall first contact FSI to obtain an amicable solution; should the Parties fail to reach such an amicable solution, the Paris Commercial Court [le Tribunal de Commerce de Paris) shall have sole jurisdiction.