Preamble

The company "SAS TPOP" (hereinafter "TPOP") is a company under French law, registered with the RCS of Nîmes under number 902 108 646.

TPOP specializes in the creation of online stores and in the Print on Demand sector.
The company automates the creation of online stores.
It also prints and dispatches orders as a white label on behalf of users of its web platform.

The purpose of these general terms and conditions of use for the web platform (hereinafter referred to as " Terms of the Application") is to determine the rules governing the use of the "TPOP" platform (hereinafter referred to as the "Application"). They are concluded between, on the one hand, "TPOP" and, on the other hand, individuals or legal entities wishing to use the TPOP application in order to make a purchase or market their product(s) created via the Application.

By accessing the Web Application, as a visitor and/or user, you unconditionally and unreservedly accept all of the Terms Application defined below.

If you do not wish to accept the present Terms , please do not access the Application: access to the Application implies acceptance of the present Terms.

All visits to and/or use of the Application must comply with the present Terms .

Terms TPOP reserves the right to modify all or part of the provisions of Terms of the Application at any time, in order to adapt them to changes in the Services, to technical, legal or jurisprudential developments or to the introduction of new services. The Terms terms and conditions applicable are those in force on the date of Login and use of the Application by the User.

TPOP therefore invites the User to refer, on a regular basis, to the latest version of Terms of the Application available on the www.tpop.com website.

I. Company information, legal notice

SAS TPOP - Lieu dit Plan Long, rue des Micocouliers, 30430 Barjac

COMPANY WITH CAPITAL OF €919,400

EMAIL support @ tpop.com

SIREN 902108646

PUBLICATION MANAGER Boulogne Julien

PUBLISHER SCALEWAY SAS BP 438 75366 PARIS CEDEX 08 FRANCE

II. Access to the application

To enjoy all the benefits of our print on demand platform, simply access it via the URL https://app.tpop.com and create an account. Use of the Application and the functions currently available on it are free of charge (subscriptions are available but optional).

You are solely responsible for any activity that occurs on your account, so please take care to protect access to your account. You must notify us immediately of any breach of security or unauthorized use of your account.

While TPOP is not responsible for your or your customer's losses caused by unauthorized use of your account, you may be liable for TPOP's or others' losses due to such unauthorized use.

By using the application, you certify that you are legally authorized to use the application and assume full responsibility for its use.

TPOP may modify, suspend or discontinue services, products, fees, charges, conditions at any time, including the availability of any feature or content without notice or liability.

Customer support

You can contact support, or customer service, via the application, access to which is free of charge. We try to respond as quickly as possible, but please allow an average of 24 to 48 hours for a reply. Please note that this is an average response time and is not contractual.

Furthermore, if we notice any disrespect or abusive language towards a member of our team by a user of our services, we reserve the right to suspend the account of the user in question without prior notice.

Special features of our print-on-demand offer

Please note that from the first order placed via our platform, you are considered to be a professional. You may be asked to provide proof of your legal status in order to gain access. In addition, TPOP's relationship with you is of a professional nature: it is therefore not governed by the French Consumer Code.

TPOP provides a service on your behalf: printing + shipping on your behalf of products shipped to your end customers. As soon as the parcel is dispatched, you become the owner of it and are responsible for its safe delivery.

We take care of production and dispatch, so we can also refuse orders if it does not meet our technical and organizational requirements. The same applies if we suspect that orders infringes legal regulations or the rights of third parties.

III. Application operation and payment - PRINT ON DEMAND section

A. Use of the application

As mentioned above, access to the application is free; use of the application is also free.

B. Payment and billing

After accessing the application, you will need to set up your account and validate your payment method (only credit cards are used as payment methods in the application) so that future orders orders can be made. You will then be able to create and upload your visuals and create your products.

By submitting your bank details, you agree to TPOP storing them in encrypted form. We proceed with automatic invoicing and therefore debit the amount agreed in the application only when your order has gone into production. You will find the invoices corresponding to the services performed by TPOP for you in your orders management space in the TPOP application, once they have been completed.

Services are always invoiced in € (EUR).

C. VAT

In the TPOP application, we invite you to enter your intra-community VAT number, if you have one, in the "Account details" section. Your VAT number will then be checked against the European Commission's VIES VAT number database. If the number is validated, your orders will be invoiced excluding VAT.

The management of VAT is subject to strict legal rules.

If you are located in a country outside the European Union, you will be invoiced excluding VAT. If your company is located in the European Union (outside France) and you have an intra-community number, you will be invoiced excluding VAT.

If you are located in the EU, but do not have an intra-community number, you will be charged 20% VAT.

If you are located in France, in all cases, you will be invoiced with 20% VAT (the legal amount in force in France): the intra-community VAT number does not apply.

Regardless of the country in which you deliver your orders, your company's address is used for administrative services.

In summary, it is possible to obtain a VAT exemption if you have a business registered in the EU (outside France) and a valid VAT number or if your business is located outside the EU.

IV. Products - PRINT ON DEMAND section

The product is the result of downloading a visual of your choice from our application. You will then choose to apply (activate) this visual to a medium in our catalogue. The product will be marketed via our platform and printed by us.

A. Stocks / availability of products

Most of the products displayed in the application are in stock in our warehouses, which means you benefit from very short shipping times (between 2 and 6 working days). However, as some items are not in stock, you can expect a longer shipping time. Don't worry, we'll try to let you know as soon as possible if an out-of-stock situation delays the dispatch of an order. If a product is temporarily unavailable, we will replace it with an equivalent product of at least the same quality.

The products we offer in the application may be withdrawn from sale without notice, for various reasons (production stoppage on the part of the supplier, supplier out-of-stock condition, our company's choice, etc.), in which case we will notify you by various means (web page or notification in the platform) in order to remove them from your website.
In this case, if TPOP receives an order containing one or more products withdrawn from the platform, the order will be processed and shipped without them.

We propose to print only the products available in the application (and presented on our website): we will print only the products we make available to you.

B. Product prices

Our prices are quoted and invoiced in Euros. Prices are subject to change at any time, but we will notify you in advance if a change is to be made.

Only the rates shown in the application are binding and will be billed to you. These rates are shown exclusive of VAT. Depending on your situation, VAT may be applied at the time of invoicing. The prices shown apply to products marketed in the application, whether printed or not.

C. Product visuals

1. Responsibility

TPOP assumes no responsibility for copyrighted designs / graphics sent to us for printing.

The customer who proposes a personal motif or text assures TPOP, by sending his file, that he is the owner of the related rights and releases TPOP from any legal liability. The customer undertakes to reimburse TPOP for any costs or damages incurred as a result of this action.

By uploading or sending a visual, you validate that you are legally entitled to produce products with the visual in question.

Under no circumstances will TPOP be held responsible for any copyright disputes, the responsibility rests entirely with you.

If you have the right to print copyrighted images, please send us a copy of the permission by e-mail.

TPOP will systematically refuse the printing of visuals inciting hatred of others, abusive language and generally any language prohibited by law.

2. Quality of the visuals

If you choose to validate a visual of insufficient quality (pixelated image, blurred...) we will not accept any complaint concerning the print quality of this one.

We're printers, so sending your visuals to the printers is automated: if your visual is of poor quality, blurred, badly cut, if there's a typographical error or other type of technical fault, the product will still be printed as is.

We never rework visuals uploaded by you to the application, so please ensure that the visual quality is sufficient.

When you use our services, any product created by the application will be printed as presented on the final rendering (created by the application), the validation of creation acts as a print approval. We do not accept complaints such as "my visual is too high", as you are responsible for its placement.

Products are printed according to the rules of the art, using the methodology and technologies most appropriate to the medium: the user therefore has no access to the technical choice.

3. Final product rendering

Due to variations in printing equipment or screen settings, we cannot guarantee that colors will correspond exactly to reality. Variations in color are to be expected.
colors may vary from one material to another: for example, if you order a ceramic mug to match a t-shirt, the materials are completely different and color may vary, even if you submit the same color.

Finally, we detail the technical constraints in our Help Center and on our website.

Please read them carefully.

V. orders - PRINT ON DEMAND section

First of all, you must have indicated your payment method, your billing address and the name of your shop (in the case of a "shop" order), in order to activate the service. Without this, it is impossible to place orders via our Application.

There are two types of orders : orders "boutiques" (this is an order placed on your online shop) and orders manuals (or orders samples).

A. Ordering process and production times

When an order reaches us, it has a pending status, the order is said to be "open" (or "in progress"). You will be able to make the following changes to it: cancellation and change of customer details, within a maximum of 24 hours.

When the order is ready to be printed, its status changes to "in production": this is when you will be invoiced and debited for the order.

TPOP cannot replace or refund incorrect orders if they were printed according to the details received at the time of ordering.

The orders management panel of our platform is therefore the authoritative one (and not the dashboard of your online shop): if an order appears there after an order has been placed (from your online shop or manually), it will be processed and then shipped. It is only possible to cancel an order if it is not yet in production.

If you wish to cancel an order, you must act before this change of state.

Due to the bespoke nature of the products we sell, all cancellations must be made within 24 hours of the order being placed and therefore before production begins. After this time, your order will have gone into production and cannot be changed, cancelled or refunded under any circumstances.

The turnaround time for an order is 2 to 6 working days. A working day starts at 8am and ends at 5pm, Monday to Friday. Public holidays are not included in the working days.

This time frame should not be considered as a guarantee of production times and should be considered as an average estimate. No compensation will be offered for orders that are not included in this estimate.

Similarly, in the event of force majeure (epidemic, national incident, natural disaster, transport strike, stock shortage beyond our control, etc.) we cannot guarantee a specific delivery time, and no compensation will be offered in this type of situation for which we cannot be held responsible.

B. Monitoring of orders

In order to track the status of your orders, you must visit the orders management space of the TPOP application (tracking your orders via your online shop or e-commerce platform is not sufficient). There you will find details of orders and the invoices corresponding to the services provided by TPOP on your behalf.

Only the products and orders in this panel are authentic.

C. The orders "shop"

We are talking here about orders spent on your online store.

When a customer places an order for a product on your e-commerce site, you are paid directly for the entire order by the payment service provider you have set up in your store.

From the moment the order is created, you have 24 hours to make any changes (cancellation, customer details).

Please note that these modifications must be made within the TPOP application (and not within your online store): we will only receive the information entered in the TPOP application. We will then put the order into production: this is when you will be invoiced for the amount defined for the product(s), and we will debit the amount for our service (printed product + shipping + chosen options) from the payment method defined in the application. If payment fails for any reason, your order will be put on hold and you will have to follow our procedure to release it. Your order will be printed once payment has been received, and then shipped to your customer.

D. The orders manual and/or sample

A manual order is an order created in the application by yourself (for yourself, for a customer or to serve your communication). You will pay for this manual order at the "print on demand" rate (the rate will therefore include our service: printed product + shipping) and not at the rate you have defined on your merchant site. Please note that except in the case of an obvious error on our part (product error, garment size error, design error) or in the case of a defective textile, no refund or return will be made in the case of a sample order.

In short, in this case, consider yourself to be your own customer.

VI. DELIVERY: TIME, MEANS AND RATES - PRINT ON DEMAND section

Delivery is made by the French Post Office (relayed by the local post offices in each country) or by an external carrier depending on requirements.

A. Delivery times

TPOP will deliver the order to the carrier between 2 and 6 working days from receipt of payment, except in cases of force majeure (estimated and non-contractual time).

The average delivery time is, from the day of dispatch, 2 to 7 days for delivery in France; 4 to 10 days for delivery to the European Union and other countries bordering France; 4 to 18 days for delivery to a country outside the European Union.

TPOP makes it clear that the delivery times indicated are indicative, estimated and non-contractual: TPOP cannot be held responsible for late delivery.

B. Means of delivery

Delivery is made by the French Post Office or by another carrier, depending on the requirements and type of parcel (volume, destination, etc.). orders will be dispatched with a tracking number which the user can access via the platform, except for special constraints (some countries do not allow tracked shipping).

C. Liability and issues

TPOP cannot be held responsible for a delivery time that is not respected by the carrier, regardless of the reasons. There is no need to contact us before a period of 21 days after the order has been dispatched. In the event of force majeure such as flooding, fire, disturbances, pandemic, total or partial strike, in particular of the postal services and means of transport, TPOP cannot be held responsible for the non-execution of the order.

If an order is not delivered or is delayed due to incorrect addressing (incorrect address, country or telephone number, etc.), you are responsible for this and TPOP cannot be held responsible for delays or non-delivery.

The shipping address indicated on the packages is the user's own address, in order to strengthen the user's brand image. You will be asked to provide an accurate address. Any returns of parcels due to lack of address or access will automatically be made to the user (you). There is therefore a transfer of ownership of the package, as soon as it leaves our warehouses.

In addition, as specified above, your relationship with TPOP is a professional one, bound by the present Terms : it is therefore not governed by the French Consumer Code. On the other hand, the relationship between you and the customers of your online store is governed by the French Consumer Code (in other words, you are the seller and you are responsible for delivery to your customer).

Finally, even if we have already specified that you are responsible for the delivery of the parcel, we would like to remind you that no compensation (refund or reshipment of an order) for non-delivery will be granted by TPOP. The only possible exception to this rule is the recognition of the loss of the package by the carrier.

D. Delivery rates

The delivery rates charged by TPOP to the user are available on the platform and on the TPOP website at this address. These delivery rates vary according to the type of product shipped, the number of items contained in an order and the country of delivery. TPOP reserves the right to change its delivery rates at any time. Any such changes will be notified in advance.

E. Customs fees

Packages sent outside the European Union may be subject to customs fees depending on the country of destination. These charges are calculated differently for each destination depending on the value and type of product. These charges are to be paid by the end customer, the recipient of the package. Under no circumstances shall TPOP be responsible for these costs.

VII. RETURN AND CLAIM POLICY - PRINT ON DEMAND section

A. Returns

TPOP is not able to accept returns from your customers for any reason (the only returns accepted are those under Article VI-C, packages returned by the carrier itself).

Our customized products are made-to-measure items, printed on request (Article L221-28 of the French Consumer Code concerning customized goods).

Because of the way our platform works and its business model, there is an infinite number of models that can be produced. As such, it would be impossible to sort, store and resell unwanted returns on behalf of all our users. If your customer simply doesn't like their order (size, pattern...) you are responsible for refunding them or accepting a return to your address: you are responsible for all replacement costs.

We would like to emphasize the need to enter your address in our platform.

B. Disputes and claims

If there is a manufacturing error during printing (printing error, sizing error on our part...) or if an item is damaged during shipping, we ask you to provide us with a photo of the damaged product in question, a description of the problem and the order number. If the photo is not significant enough, we will ask you to return the product. Once we have received this information from you, and once we have identified a clear quality problem, we will reprint and send a new product to your customer at no extra charge. It is important to make it clear to your customers that if their parcel shows obvious signs of transport damage, they should refuse delivery and inform you immediately.

Please note that all complaints about product quality must be reported within 30 days of purchase to be eligible for a possible reprint: we will ask you to provide us with concrete evidence of the defect. If it turns out that the error is real (and not due to mishandling by the end customer), we will proceed with a new shipment of the product.

Furthermore, in certain cases (visual problems, incorrect addressing, etc.) we may need to contact you to inform you of the problem in question so that we can find a solution. If you do not reply within 14 days, the order will be cancelled, without any refund from us.

In the event of a dispute relating to an order, the applicable Terms are the General Conditions of Use in force at the date of the order.

VIII. LEGAL NOTICES

Sales on this site are governed by French law and you agree to submit any dispute to the jurisdiction of the French courts: failing amicable resolution, the dispute will be brought before the Commercial Court of Nîmes (France, 30).

Any dispute relating to the interpretation and execution of these general conditions is subject to French law.

All orders are subject to these terms and conditions and no changes will be accepted by us. These terms and conditions do not affect your statutory rights. These terms and conditions cover TPOP. Any other websites to which you link from this site may be governed by their own terms and conditions.

We accept no responsibility for the content of websites that are not under our control.

IX. BUSINESS AND E-MAIL PRIVACY POLICY

At TPOP, we understand the importance of privacy and are committed to protecting the data of our customers and business partners. This section of our privacy policy explains how we handle and protect business data and e-mail communications.

1. Information gathering

We collect business information when you register on our platform, create an online store, or use our print on demand services. This information may include, but is not limited to, your company name, address, telephone number, e-mail address and payment information.

2. Information usage

The information we collect is used for :

• Providing and managing our services;
• Process transactions and send notices concerning your transactions;
• Improve our offers and services;
• Communicate with you, including customer service, and send you information about our services.

3. Information sharing

We do not sell, rent or share your business information with third parties for marketing purposes without your explicit consent. We may share your information with third-party service providers who assist us in providing our services, subject to strict confidentiality obligations.

4. E-mail security

We know that e-mail communications are a vital part of online business: we strive to protect the confidentiality and integrity of e-mails sent and received by our system by using encryption technologies and maintaining rigorous security measures.

5. Access and control

You have the right to access, modify or delete your commercial information at any time. To do so, log in to your account or contact our customer service department.

6. Changes to the Privacy Policy

We may update this privacy policy to reflect changes in our practices. If we make significant changes, we will notify you by e-mail or via our website before the changes take effect.

If you have any questions or concerns about the confidentiality of your business data or e-mail communications, please contact our customer service department.

X. Intellectual Property

All elements present on the TPOP Site and Application, including, without limitation, texts, images, photographs, illustrations, videos, sounds, logos, graphics, graphic charts, software, databases, domain names, trademarks, as well as the design, presentation, ergonomics and layout of these elements (hereinafter the "Content"), are the exclusive property of TPOP or its partners and are protected by French and international laws relating to intellectual property.

Any reproduction, representation, adaptation, modification, translation, distribution, in whole or in part, of the Content, by any process whatsoever, without the prior written authorization of TPOP, is strictly prohibited and constitutes an infringement punishable by articles L.335-2 et seq. of the French Intellectual Property Code.

The User undertakes to respect TPOP's intellectual property rights and not to infringe the rights of third parties. In particular, Users are prohibited from :

• Copy, reproduce, represent, broadcast, distribute, publish, modify, adapt, transfer or assign all or part of the Content in any way whatsoever.
• Use the Content for commercial or advertising purposes.
• Create derivative works from the Content.

Use of the Site and Application does not confer any intellectual property rights on the User in respect of the Content, with the exception of a personal, non-exclusive and non-transferable right to access and use the Site and Application in accordance with the present Terms.

In the event of non-compliance with these provisions, TPOP reserves the right to take all appropriate measures, including legal action, to put an end to the infringement of its intellectual property rights and to obtain compensation for the damage suffered.

Contact for authorizations

For any request for authorization or information relating to the use of the Content, the User is invited to contact TPOP at the following address:

• Postal address: SAS TPOP - Lieu dit Plan Long, rue des Micocouliers, 30430 Barjac
• E-mail address : support @ tpop.com