CGV - Terms and Conditions

Please read these general terms and conditions (GTC) carefully before using the services offered by Abacor on its website. These terms and conditions define the conditions and legal obligations associated with the subscription to the services offered and provided by Abacor / Egf et Smp from its website accessible at www.abacor.fr. Any use and/or recourse to the services offered by the company to users implies unreserved acceptance of these terms and conditions. The mere fact of using the said services implies pure and simple acceptance of the present terms and conditions, which the user and/or customer of the website expressly declares and acknowledges. The use of services on the website is exclusively reserved for persons capable of entering into contracts under French law.

I - Customer information

1. Legal information

1.a. Site editor

The Internet site accessible at www.abacor.fr (hereinafter referred to as "the Site") is published by Egf et Smp, a simplified joint stock company with capital of €38,112.25, whose registered office is at 59, Rue Saint-Antoine, 75004 Paris, registered with the Paris Trade and Companies Register under number B 408 548 386, whose intra-Community VAT number is FR 21 408548386 (hereinafter referred to as "abacor.fr").

The purpose of the Site is the sale and purchase of gold, precious metals and numismatics (hereinafter referred to as the "Product").

1.b. Host

OVH
2 rue Kellermann
59 100 Roubaix
France

1.c. Customer contact

E-mail address: contact@abacor.fr

Telephone: 01 48 04 76 06

2. Purpose - acceptance - validation

The purpose of these General Terms and Conditions of Sale (hereinafter referred to as "GTC") is to exclusively define the conditions of sale and purchase of gold, silver and numismatic precious metals (hereinafter referred to as "Products") on the Site (hereinafter referred to as "Services") between Customers and users of this Site (hereinafter referred to as "Customer") and abacor.fr.

Prior to any transaction, the Customer expressly acknowledges that he has read and understood these General Terms and Conditions of Sale, as well as the various documents to which they refer, and accepts them unreservedly by checking the box "I accept the General Terms and Conditions of Sale" on the Site.

The user of the Site therefore declares and acknowledges having read these GTC.

By checking this box, the Customer acknowledges that he/she has the legal capacity to enter into such an agreement or that he/she has the authorization of the authorized person.

Use of the Site and Services is reserved exclusively for persons legally capable of entering into contracts under French law.

These General Terms and Conditions of Sale, together with the Legal Notices specific to each category of service, form an indivisible whole to which the Customer is subject as soon as he/she browses the Site, which he/she expressly acknowledges.

3. Information on gold sales - cautionary note

3.a. General provisions concerning activities

The Customer acknowledges and declares that he/she is aware that the business of buying and selling precious metals and numismatics is subject to specific regulations which he/she must comply with (in particular French regulations relating to gold, precious metals, taxes, customs transactions and electronic transactions).

3.b. Product availability

The customer is informed that due to fluctuations in the precious metals market, Abacor cannot guarantee the supply of products and their availability online. Certain information mentioned in the product availability may therefore be subject to change.

3.c. Taxation

The Customer is hereby informed that, in connection with the purchase of precious metals, he/she is liable for any local taxes applied or applicable by any administrations or legal entities in accordance with the regulations of the territory of departure or destination of the Products sold by Abacor and relating to the acquisition of precious metals (gold coins, sales of gold coins, conservation of gold coins, etc.) or any other associated due charges, the direct or indirect payment of which shall be the sole responsibility of the Customer.

As Abacor may collect these taxes on behalf of the French tax authorities, they may be applied, if necessary, to the Total Price paid by the Customer. No management fees will be charged to the Customer for the collection of these taxes by Abacor.

3.d. Flat-rate tax on precious metals

When selling precious metals within the European Union, the person liable for the precious metals tax is the seller of the precious metals.

The Customer is hereby informed that transfers for consideration include sales, i.e. any transaction, including transfers by public auction or by mutual agreement between private individuals. They also include exchanges and contributions, which must be considered as cross-sales. Gratuitous transfers (gifts, inheritances) are not subject to the flat-rate tax. Sales made in France or in another Member State of the European Community are taxable.

The transfer is deemed to have taken place in the State in which the property is physically located on the day of the transfer. As a result, a transfer by an individual who is not domiciled in France for tax purposes, provided he can prove that the item was previously imported, introduced or acquired in France, is not subject to the flat-rate tax. Similarly, any transaction under €5,000 is not subject to the flat-rate tax.

Under these conditions, the Customer will be liable to pay, in addition to the price, a tax on precious metals if the purchase is made in France from the Internet Site.

Articles 150 VI et seq. of the French General Tax Code and 74 S bis et seq. of Appendix II of the French General Tax Code (in Appendix II hereto) govern these provisions and are reproduced at the end of these GCS.

For all practical purposes, it should be noted that precious metal sellers have a choice:

• opt to pay the flat-rate tax on precious metals as specified above,
• opt for the capital gains tax on movable property, provided that you can prove the date and price of acquisition, and that the product is identifiable on the purchase receipt. This last option allows for possible exemption depending on the length of time the asset is held.

4. Definitions

In these GCS, it is agreed that the following expressions or words, whether used in the singular or plural, shall have the following meaning:

• customer: a user who has created an account on the Site and who wishes to (i) make a purchase (ii) or offer Products for sale.
• identifier codes: identifier and password relative to each customer, enabling them to access their personal Customer Account.
• customer account: each Customer's personal space on the Website, created using the Customer's Login Codes and required for all operations carried out with Abacor within the framework of these terms and conditions.
• general terms and conditions of sale or GTCS: general terms and conditions governing the Products and Services offered by Abacor on the Site and the contractual relations existing with its Customers.
• order confirmation: document summarizing the transaction for any purchase of Products by the Customer from Abacor on the Site, which is displayed on the screen.
• sales contract: document summarizing the transaction for any sale of Products by the Customer to Abacor on the Site, having contractual value.
• right of withdrawal: the right of the private individual - the Customer - to withdraw from the sale of precious metals within a legal period of 24 hours, as stipulated in Articles L 224-99 and R 224-4 of the French Consumer Code, which Abacor, as a professional, is obliged to respect before payment of the sale price.
• information form: information form completed by the Customer on the Site for any transaction, in which the Customer must provide all the information required for the purchase or sale of a Product.
• retraction form: document attached hereto allowing the Customer to exercise his legal right of retraction of 24 hours after having concluded a sale of precious metals on the Site.
• commission: remuneration received by Abacor for the use of Services by Customers on the Site.
• total price: total price that the Customer undertakes to pay Abacor for the purchase of one or more Products and the provision of Services, either on site at an Abacor sales location, or by cheque or bank transfer. The price includes the financial counterpart of the price of the Product, transport costs and customs taxes where applicable, as well as payment for the Services provided by Abacor included in the Commission. This Total Price is indicated in the Order Confirmation.
  Customers are informed that the Total Price may change over time as a result of events beyond Abacor's control, such as fluctuations in the price of Products. Consequently, Abacor cannot commit itself to this particular variable of the Product price within the Total Price. However, the Total Price is in any case indicated to the Customer before he validates his order, under the conditions of article 8.2 of these GTC.
• products: all products in the category of precious metals, such as gold, silver and numismatics, offered for sale on the Site by Abacor or which may be sold by Customers to Abacor.
• services: provision by Abacor of an online platform (the Site) enabling the purchase or sale of Products by Customers as well as management of orders and delivery of Products, customer care or any other commercial activity of Abacor in connection with the sale of Products.
• site: website published by Abacor, accessible at www.abacor.fr.

5. Checking that needs match services

The Customer or any user of the Site hereby declares that he has first verified the suitability of the Services offered by Abacor on the Site for his needs.

He hereby declares and warrants that he has received from Abacor all the information and advice necessary for him to subscribe to the present General Terms and Conditions of Sale and that, consequently, he waives any dispute on this point.

The Customer declares that he/she has the knowledge, skills and resources necessary and sufficient for any purchase or sale of precious metals online on the Site.

The Customer also declares that he/she has the knowledge, skills and resources, particularly human and technical, required to use the Site.

6. Effective date - duration

These General Terms and Conditions apply throughout the Customer's browsing and access to the Site, throughout the ordering and delivery of Products and throughout the provision of Services by Abacor. The Customer is hereby informed that the GTC may be updated at any time in accordance with the conditions set forth in article 15 hereof.

7. Terms of sale and purchase on the site

Browsing the Site is free and does not require the creation of a Customer Account. However, to buy or sell precious metals or numismatics, the Customer must create an account. In this respect, the Customer must provide :

A login, which refers to your e-mail address or another term of your choice;
A password of your choice;
A valid identity document;
Proof of address less than 3 months old.

Customers wishing to sell Products on the Site must also provide an invoice or proof of ownership of said Products. The Customer is expressly informed that no sale can be made in the absence of this document.

Before validating the creation of his Account, the Customer must tick the box "I accept the terms and conditions of sale". This step is decisive, and the Customer may not tick this box without first having read and accepted all the clauses of the present GCS.

Customers are informed that they must provide a valid e-mail address in order to receive an e-mail confirming the creation of their account.

The Customer's identifier and password constitute his "Identifier Codes".

The Customer acknowledges that he/she is fully responsible for any use made of his/her Login Codes and of the Site.

The Customer undertakes not to choose any identifier that may infringe the rights of a third party, and consequently agrees not to use any identifier that infringes an intellectual property right, a registered trademark, a company name or a family name, without this list being exhaustive.

The Customer undertakes to carry out all actions within the space reserved for him under his own Identifier Codes and acknowledges that all actions carried out under these identifiers will be deemed to have been carried out by him.

Under no circumstances may the Customer allow any third party to use his Customer account.

Abacor shall not be held liable in the event of forgetfulness, misuse or unauthorized use of the Customer's Login Codes by another user, and the Customer must immediately and without reservation inform Abacor of this situation by e-mail at contact@abacor.fr and by post at the following address: Abacor, 59 Rue Saint-Antoine, 75004 Paris.

In accordance with article 11 of the General Terms and Conditions of Sale, the Customer has the right to access, modify, rectify and delete data concerning him or her, it being understood that the Site has been declared to the French Data Protection Authority (CNIL) in accordance with the French Data Protection Act no. 78-17 of January 6, 1978.

II - Online shopping

8. Buying products on the site

8.a. How to purchase products on the site

Once a Customer Account has been created, the Customer may purchase Products on the Site.

To do this, and due to the particular nature of the Products, the Customer must comply with the following steps.

1. Step 1: Product selection
   The Customer selects the Product(s) he wishes to order from among those offered on the Site by Abacor. In the basket, the nature and quantity of the Products, the price, and the delivery options (when the Customer is logged in with his/her Customer Account) are specified.
2. Step 2: Identification
   Customers identify themselves by logging in to their Customer Account or by completing an Information Sheet, indicating their identity, address, contact details and Customer Account number.
3. Step 3: Order validation
   The Customer checks that the nature and quantity of the Products, the delivery options and the Total Price to be paid for the purchase in euros displayed on the screen correspond to his/her order.
   For all intents and purposes, it is hereby specified that the presentation of the Products on the Site and the prices indicated therein are presented for information purposes only and that they may not be considered as a binding offer to contract.
   Thus, only the Payment of the order in its entirety represents the firm and definitive offer of sale by Abacor of the Product(s). Validation of the order is the last stage in the finalization of the purchase by the Customer before payment; the Customer may cancel the order when it is displayed on the screen by not validating it.
   Once the Customer has paid for the order, Abacor sends an order confirmation by e-mail, containing all the terms and conditions of sale, in particular the description of the Product(s) ordered, the Total Price in euros and including all taxes, and the Customer's identification.
   Customers are strongly advised to consult their e-mail address and check that the validation e-mail containing the order summary has not been filtered as junk mail.
   In the absence of proof to the contrary, the data recorded by Abacor at the time of this order constitutes proof of all transactions between Abacor and the Customer.
4. Step 3: Payment
   The price is due when the order is placed.
   Abacor offers four payment methods:
   • Or by direct payment: at any Abacor branch.
   • Or by secure electronic payment: this transaction is secured using a 128-bit SSL encryption process and 3D Secure technology, in order to strengthen all scrambling and encryption processes and optimize the protection of all personal data linked to this payment method.
   • Or by cheque: the cheque must be accompanied by the summary of the printed Order Confirmation, and a photocopy of the Customer's ID. The order will only be processed once the cheque has been received and the funds have been verified within a minimum of 10 days. In addition, an additional delay may be applied to those announced by Abacor, due to the operation of postal services.
   • By bank transfer: the Customer will receive an e-mail containing Abacor's bank details.

   Acceptance of the Customer's order is subject to the material still being available during the payment acceptance period.
   The order validated by the Customer will only be considered effective by Abacor when the cheque has been duly received and cashed or the bank transfer has been duly received and cashed, within 72 (seventy-two) working hours of the order being placed.
   If this is not the case, the customer is informed that the deposit cannot be refunded under any circumstances, given the immobilization of the products ordered by Abacor.

Furthermore, Abacor reserves the right to refuse any order from a Customer with whom there is a previous dispute.

8.b. Product prices - commission

8.b.1 The amount paid by the Customer for the purchase of the Products is the Total Price.

The Total Price for each order consists of :

1. the price of the Product(s) in euros, determined according to market fluctuations;
2. transport costs as described below;
3. Commission fees, representing remuneration for services provided by Abacor.

For your information, shipping costs include delivery charges and transport insurance.

A surcharge will be applied to all orders placed outside mainland France, depending on the additional cost and the geographical area concerned.

The Customer is also informed that special transport charges may be added to the Total Price, in particular for deliveries from the French overseas departments and territories (DOM-TOM-DROM-COM) or port taxes that may apply to the transport of Products, these taxes corresponding to the local regulations of the territories of departure or destination of the Products.

Transport costs and taxes are in any case duly indicated on the Order Confirmation.

All orders are payable in euros only. Products cannot be reimbursed, even in the event of loss or theft, nor can they be returned or exchanged.

Abacor cannot be held responsible for errors in the quotation of Products subject to stock market fluctuations that may result from the Internet network.

In case of doubt, reference will be made, prior to validation of the order and by mutual written agreement between the Customer and Abacor, to the daily rate certified by the stock exchange and financial authorities.

In view of market fluctuations, Abacor reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only price applicable to the Customer.

Finally, as specified in Article 3.c, Abacor may be required to collect these taxes on behalf of the French tax authorities or any other legally authorized authority, which may therefore be added, if necessary, to the payment of the Total Price paid by the Customer, it being specified that no management fees will be charged for the collection of these taxes by Abacor.

8.b.2 VAT exemption

Under article 261 C of the French General Tax Code, all transactions involving gold, with the exception of transactions involving gold for industrial use, when carried out by credit institutions, investment service providers, money changers, discounters and remitters, or by any other person who makes this their principal activity, or involving new silver bullion, are exempt from Value Added Tax (VAT).

What's more, article 298 sexdecies A of the French General Tax Code stipulates that precious metals are exempt from VAT if they are coins with a purity equal to or greater than 900 thousandths, minted before 1800, at a price equal to their country of origin, and whose selling price does not exceed by more than 80% the value of the gold they contain.

In addition, the customer will receive a detailed invoice for transactions involving precious metals (gold coins, gold bars, etc.) including, for these coins, their denomination, the year and country of issue, their weight in gold, and the price of fine gold on the open market on the day of delivery (article 98 B of the French General Tax Code, appendix 3, - Decree no. 2000-490 of June 2, 2000 - art. 1, JORF June 6, 2000).

8.c. Product availability - Product presentation

During the validation phase of the purchase of a Product on the Site by the Customer, the latter is informed of the availability of the Products for which the reservation has been made.

In the event of stock shortage or unavailability of Products, either in number or in the desired category, Abacor will immediately inform the Customer who may, subject to stock availability, purchase other Products in another category.

A summary of the Products offered in this way appears on the order summary screen.

However, in view of the high demand for precious metal products and market fluctuations, any payment by bank transfer or cheque must be subject to verification of the availability of funds. Under these conditions, Abacor cannot guarantee the availability of the Products between the date of their order on the Site and the verification of the funds according to these methods of payment allowing their delivery to the Customer.

8.d. Collection - delivery

Abacor has set up a system allowing the Customer to choose between :

• Withdrawal of the products from one of the points of sale offered by Abacor under the conditions of Article 8.4.1 ;
• Delivery of products under the conditions of Article 8.4.2 ;

8.d.1. In-store collection

The Customer will be informed by e-mail of the date of availability of the Products, which may be collected from Abacor-approved boutiques. On this occasion, the Customer must sign a delivery note releasing Abacor from any liability.

8.4.2. Delivery

Deliveries are made to the address indicated on the Information Sheet completed by the Customer when validating the order. The risks are transferred to the Customer as soon as he/she takes physical possession of the Products. The Customer is informed that Abacor uses a carrier to deliver the Products, who is responsible for the transport risk. However, current regulations require Abacor to be the Customer's sole contact. For this reason, in the event of non-conformity, loss or damage of the Product(s) due to transport, the Customer undertakes to contact Abacor as soon as possible so that the latter can take prompt action with the carrier.

The Customer is informed that Product delivery times are subject to :

• of available Abacor stocks;
• payment of the Total Price by the Customer ;
• the absence of any suspicion of fraud or fraudulent act by Abacor concerning the Customer.

The delivery times indicated by Abacor may not exceed a maximum of thirty (30) days from the date of order. Failing this, the transaction may be cancelled and the purchaser reimbursed.

It is however specified that reimbursement will not be due if the Product has been sent before the end of the aforementioned thirty (30) day period and the delay is not attributable to Abacor.

If you have any questions about delivery, please contact us at: contact@abacor.fr

8.e. Conformity and warranty

8.e.1 Conformity warranty

Abacor guarantees that the Products are in conformity with their intended use, as defined and under the conditions of Articles L. 217-4 to L. 217-12 of the French Consumer Code.

In the event of a Product that does not conform to the essential qualities as described in the information given about the Product on the Site, the Customer will have the choice:

• request repair of the Product if this is possible,
• request replacement of the Product by a similar Product,
• or, in the event of repair or replacement being impossible, return the Product and have the price refunded,
• or, in the event of repair or replacement being impossible, to keep the Product and have part of the price refunded.

8.e.2 Warranty against hidden defects

Abacor warrants that the Products are free from defects or latent defects that render them unsafe or unfit for normal use, as defined in and under the conditions of Articles 1641 to 1648 of the French Civil Code.

In the case of a Product with hidden defects, the Customer may choose :

• return the Product and have the price refunded,
• keep the Product and have part of the price refunded.

8.e.3. Claims

In any case, all claims, requests for exchange, duly justified in the event of implementation of the two aforementioned guarantees, must be made by post to the following address: Abacor, 59 Rue Saint-Antoine, 75004 Paris

8.e.4. Divestiture

The services offered by Abacor on the Site are provided on an "as is" and "as available" basis.

Abacor does not guarantee error-free, uninterrupted and secure provision of the services offered via the Site.

Abacor cannot be held responsible in any way whatsoever for malfunctions of the Site, significant variations in gold prices, monetary policies, bank failure, liquidity risk or insurance exclusion clauses.

It is not bound by any obligation to provide personalized technical or other assistance.

It disclaims all warranties, express or implied, in particular concerning the quality and compatibility of the Site for the use that Customers will make of it.

It does not guarantee any result or benefit in the use that will be made of the services offered through the Site.

Nor does it guarantee that files transmitted by customers cannot be intruded upon by unauthorized third parties, corrupted or downloaded, or that information and data circulating on the Internet are protected against such attacks or possible misappropriation.

9. Exclusion of right of withdrawal

Customers are expressly reminded that, under the terms of article L. 121-21-8 2° of the French Consumer Code, they may not exercise their right of withdrawal in respect of online purchases on the Site of goods and services relating to precious metals (gold and silver) and numismatics, the price of which depends on fluctuations in financial market rates.

The Right of Withdrawal as provided for in Article 10.2 hereof does not apply to the sale of precious metals by a professional.

Consequently, the sale by Abacor of the Products shall not be subject to any reimbursement, said sales and services being in any event designated as such to Customers, prior to the conclusion of the sale, in the description of the offer.

Furthermore, it is reminded that the Right of Withdrawal as provided for in Article 10.b hereof in the event of resale by the Customer on the Site is not applicable to the purchase by the Customer of precious metals or numismatics.

III: Online sales

10. Sale of products on the site

10.a. Terms of sale of products on the site

Once a Customer Account has been created, the Customer may sell Products on the Site.

In order to do so, and due to the particular nature of the Products, the Customer and Abacor must comply with the various steps required as specified below.

1. step 1: online request
   The Customer describes the Products he/she wishes to sell by filling in an Information Sheet on the Site, containing the main details of the nature and quantity of Products he/she wishes to sell, as well as his/her identity, address and Customer Account number.
2. step 2: Abacor sends a secure envelope
   On receipt of the Information Sheet, Abacor will study the Customer's request and send him the Total Price estimate proposal in euros, the price grid of which has already been posted on the Site in accordance with the applicable regulations, in the form of a secure envelope.
   Following receipt of the said secure envelope, the Customer has the choice of accepting Abacor's offer or withdrawing. The Customer's choice must be sent by return e-mail to Abacor at contact@abacor.fr.
3. step 3: order confirmation and sales contract
   In the event of refusal, Abacor will send the Customer an e-mail confirming the refusal; in the event of acceptance, Abacor will send the Customer a Sales Contract for the Product(s) by e-mail.
   The Sales Contract will contain the following information:
   Abacor's company name, registered office address, RCS registration number and VAT registration number;
   The full name and address of the selling Customer;
   The date (including time, day, month and year) and address of the place where the sales contract was concluded;
   A precise description of the nature and characteristics of the goods covered by the contract, including weight and, where applicable, purity expressed in thousandths;
   The sales price in euros, as well as any taxes or charges payable by the customer;
   Mention of the right of withdrawal as provided for in article 10.b below.
   The Customer is strongly advised to consult his e-mail address and check that the validation e-mail containing the Sales Contract has not been filtered as junk mail.
   To signify his consent to Abacor, the Customer must sign the Sales Contract and return it by post to 59, Rue Saint-Antoine, 75004 Paris or by e-mail to contact@abacor.fr.
   Abacor reserves the right to refuse any sale to a Customer with whom a previous dispute exists.
4. step 4: payment
   From the date of the Customer's signature of the Sales Contract, Abacor is bound to respect the legal 24-hour Right of Withdrawal period as defined below.
   Abacor may only proceed with payment for the Product(s) at the end of this period.
   Payment for the sale of the Product(s) will be made by bank transfer or cheque according to the choice made by the Customer in the Information Sheet.
   It is specified that the VAT exemption conditions described in Article 8.b.2 also apply to sales of Products by the Customer to Abacor.
   The transaction is considered final and binding on the Parties only after (i) signature of the Sales Contract, (ii) expiration of the Right of Withdrawal period and (iii) payment duly made by Abacor.

10.b. Right of withdrawal

10.b.1. In accordance with Articles L 224-99 and R224-4 of the French Consumer Code, the consumer seller of precious metals has a period of 24 (twenty-four) hours from the signing of the sales contract to exercise his right of withdrawal.

The Customer shall have no obligation to justify the exercise of his Right of Withdrawal, nor shall he be required to pay any penalties in this respect.

To be valid, the exercise of the Right of Withdrawal must be expressed by the Withdrawal Form provided in Appendix I hereto, or by an unambiguous statement expressing the Customer's wish to withdraw. The document may be hand-delivered by the Customer to Abacor or sent by any means that allows the date and time of dispatch to be confirmed.

This Right of Withdrawal does not apply to investment gold transactions.

10.b.2. Abacor also has a right of withdrawal with regard to the sale of Products by the Customer, provided that it can justify a legitimate reason for withdrawing (dispute or previous disagreement with the Customer, stock shortage, suspicion of fraud, etc.).

This right granted to Abacor may be exercised during a period of 24 (twenty-four) hours from the signing of the Sales Contract.

IV - General provisions

11. Information technology and civil liberties - personal data

The personal information collected in the context of these GTC is mandatory. This information is necessary for processing and putting Users in contact with each other, and for issuing invoices. Failure to provide this information will prevent the proper functioning of the online Services offered by the Company.

In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the processing of personal data collected on the Website has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés) under no. 152 88 03 v0.

11.a. Use and transmission of the user's personal data

In order to process and monitor customer orders on the Website, Abacor must necessarily process the customer's personal data. The data processed is transmitted to Abacor, and where applicable to the partners concerned, in the following manner and for the following purposes:

Personal data processing :

It is compulsory for the Customer to provide personal data in order to place orders on the Website. Without it, the Services cannot be correctly provided. This data may be transmitted to Abacor's technical service providers, for the sole purpose of ensuring the proper execution of the Services, or for statistical purposes.

Sending commercial information:

Abacor reserves the right to pass on personal data to commercial partners with the express consent of the Customer at the time of collection. Unless the Customer objects, the Customer may therefore receive e-mails or SMS messages from Abacor containing information about Abacor's Services and activities, as well as commercial information from Abacor. At any time, the Customer retains the right to refuse such communication by sending an e-mail to contact@abacor.fr.

11.b. Rights of access, modification, opposition and deletion

The Customer has the right to access, modify, rectify and delete personal information collected by Abacor. To exercise this right, the Customer may send an e-mail to contact@abacor.fr or a letter to 59, Rue Saint-Antoine, 75004 Paris.

In accordance with current regulations, all requests must be signed and accompanied by a photocopy of an identity document bearing the applicant's signature, and must specify the address to which the reply is to be sent. A reply will be sent to the Customer within 2 (two) months of receipt of the request.

11.c. Cookies

11.c.1. Use of Cookies

When the Site is consulted, information relating to the Customer's browsing on the Site may be recorded in "cookies" files installed on the Customer's computer or mobile terminal, subject to the Customer's choice concerning cookies, which may be modified at any time.

Cookies" are alphanumeric identifiers that are transferred to the customer's hard disk via the Internet browser, to enable the system to recognize the customer's browser and offer him or her appropriate Services.

Cookies" are used by Abacor to memorize the Customer's preferences and to optimize and improve the Customer's use of the Website by providing content that is more precisely adapted to the Customer's needs.

Cookies are used for :

• Identify the Customer when connecting to the Website;
• Determine the parameters of the customer's Internet browser, such as the type of browser used and the plug-ins installed;
• Store the information provided by the Customer on the Site;
• To find out which Internet pages are consulted and/or searched for on the Website by the Customer, in order to make appropriate suggestions. No personal data is collected as part of this activity; only statistical data is collected and analyzed for the purposes of optimizing the Website.

Some cookies are installed until the customer's browser is closed, while others are retained for a longer period. Cookies are retained for a maximum of 12 months.

The Help section of the toolbar on most browsers tells you how to refuse new cookies, how to get a message telling you when you've received them, or how to disable all cookies.

11.c.2 Cookie management

Only the sender of a cookie can read or modify the information contained in it. When the Customer connects to the Site, Abacor may, subject to the Customer's choice, install various "cookies" in the Customer's terminal, enabling the Customer's terminal browser to be recognized for the duration of the cookie's validity. The "cookies" that Abacor issues are used for the purposes described below, subject to the Customer's choice, which result from the settings of the browser software used when visiting the Site.

The Customer has several options for managing cookies. Any settings made by the Customer concerning the use of "cookies" may modify the Customer's Internet browsing and access conditions to certain Services requiring the use of "cookies".

Customers may choose at any time to express and modify their wishes with regard to "cookies", by the means described below and/or by expressing their refusal directly on the Site's home page via the pop-up provided for this purpose.

Customers can configure their browser software so that cookies are stored on their terminal or, conversely, so that they are rejected, either systematically or depending on the sender. Customers can also configure their browser software so that they are prompted to accept or reject cookies from time to time, before a cookie is stored on their terminal.

11.c.3. Behavioral cookies

Abacor does not currently collect or process any personal information about the User's "behavior", as defined by Ordinance No. 2011-1012 of August 24, 2011 on electronic communications.

Any use of cookies on the Site by Abacor shall be subject to the Customer's express prior authorization on the Site.

12. Correspondence - proof

Unless otherwise specified in these GTS, all correspondence between the parties is by e-mail via the Site.

Pursuant to articles 1365 et seq. of the French Civil Code and, where applicable, article L.110-3 of the French Commercial Code, the parties declare that the information provided by electronic mail shall be deemed authentic between the parties until such time as a signed and authenticated written document is produced which calls into question this computerized information.

Elements such as the time of receipt or transmission, as well as the quality of the data received, will be deemed authentic by priority as they appear on Abacor's information systems or as they are authenticated by Abacor's computerized procedures, unless the Customer and/or Abacor provide written proof to the contrary.

13. Intellectual property

"abacor.fr", "abacor" and "EGF ET SMP" are trademarks registered with the INPI by Egf et Smp.

Abacor holds all copyrights on the content of its Site and on the ticketing management software developed for this purpose, as well as on its trademarks, logos, domain names and all related distinctive signs.

Abacor holds all intellectual property and commercial exploitation rights on these elements.

In application of the provisions of the intellectual property code and international treaties, any reproduction, extraction, distribution, disclosure, representation, translation, broadcasting, adaptation, modification and transcription, whether partial or total, whatever the medium and whatever the process used, for any use other than private, is prohibited without the prior and express authorization of Abacor.

Any violation of the present article constitutes an infringement of copyright and renders the perpetrator civilly and criminally liable.

14. Force majeure

14.1 Any exceptional situation beyond the control of Abacor and against which it could not reasonably guard constitutes a case of force majeure and suspends the obligations of the parties, such as but not limited to: a technical failure (edf, erdf, telecommunications operators, Internet access or hosting providers, Registrar, etc.), a stoppage in the supply of energy (such as electricity), a failure of the electronic communication network on which Abacor depends and/or networks that may replace it.

14.2. Abacor shall not be held liable, or considered to have failed in its obligations under these GCS, for any non-performance linked to a case of force majeure as defined by French law and jurisprudence, on condition that it notifies the other party of this on the one hand, and that it does its utmost to minimize the damage and perform its obligations as quickly as possible after the cessation of the case of force majeure on the other hand.

15. Terms and conditions update

These GTC may be modified at any time at Abacor's initiative. Any modification of the present GTC as well as of the documents referred to herein will be made available to the Customer at the time of his first use of the Site after such modification.

16. Complete

The provisions of these General Terms and Conditions express the entire agreement between the Customer and Abacor. They prevail over any proposal, exchange of letters prior or subsequent to the conclusion of the present GTCS, as well as over any other provision appearing in the documents exchanged between the parties and relating to the subject matter of the GTCS, except in the case of an amendment duly signed by the representatives of both parties.

17. Nullity

If one or more provisions of these GTS are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations of these GTS will retain their full force and scope.

In such a case, Abacor undertakes to immediately remove and replace the said clause with a legally valid clause.

18. Title

In the event of difficulty of interpretation between the title of any of the articles and any of the clauses, the titles shall be deemed to be unwritten.

19. Jurisdiction - Applicable law (merchant)

For any transaction carried out with a merchant, any difficulties arising from the interpretation and/or execution of the present contract will be subject to the appreciation of the competent courts of Paris, to which jurisdiction is expressly granted, the only applicable laws being French law.