General Terms of Sale

These General Terms of Sale (the “GTS”) are those of ELM MANAGEMENT, a company incorporated under Belgian law, with its registered office at Avenue Louise 428 box 34, 1050 Brussels, Belgium, registered with the Belgian Crossroads Bank for Enterprises (Banque Carrefour des Entreprises) under number 0801 623 440, intra-community VAT number BE0801.623.440 (“ELM”, the “Seller”, “we”, “us”, “our”), which operates the distance-selling website https://www.yumay-beauty.com (the “Site”).

Contact details: contact@yumay-beauty.com — telephone +32 (0)4 94 62 22 15.

ELM is a manufacturer and merchant offering for sale on its Site a selection of cosmetic products (the “Products”).

The Products offered for sale on the Site are exclusively intended for customers who, as natural persons, act for personal purposes that do not fall within the scope of their commercial, industrial, craft or professional activity (hereinafter the “Customer”, “you”, “your”).

The Products are not intended for resellers or intermediaries acting on behalf of resellers. The Customer therefore represents and warrants that they act as an end consumer and that they have no intention of reselling the Products for commercial, industrial, craft or professional purposes. This commitment constitutes an essential condition for ELM in connection with any order placed on the Site.

The Customer certifies that they have the legal capacity to enter into the commitments set out herein.

The GTS, in their version in force at the time of the order, apply by operation of law to all sales of Products concluded on the Site.

The Site allows the Customer to order, via the Internet, a selection of Products for delivery to the territories designated in Article 6.1 below.

You may consult ELM’s GTS at any time on the Site.

The purpose of the GTS is (i) to inform you of the conditions and arrangements under which the Seller sells and delivers the ordered Products, and (ii) to define the rights and obligations of the parties in connection with the sale of the Products by ELM to the Customer.

Before placing an order on the Site, you will be invited to carefully read the GTS in force at the time of your order, which will be accessible via a URL link to the up-to-date GTS. You will then be invited to tick (i) a box stating that you acknowledge having read these GTS prior to placing your order and accept them fully and without reservation, and (ii) a separate box stating that you have read, understood and accepted the Site’s personal data protection policy, which will be accessible via a URL link.

ELM may update its GTS at any time. You may consult the GTS in force at any time by visiting the “General Terms of Sale” section at the bottom of the Site. The version of the GTS in force at the time the order is concluded and displayed online on the Site is the version that is enforceable against you. It will be communicated to you when you place your order, in the order confirmation e-mail.

If any provision of these GTS is or becomes void or unenforceable, the validity of the other provisions shall not be affected. The void or unenforceable provision shall then be replaced by the applicable legal provisions.

The GTS apply throughout the entire period during which the Products are offered for sale by ELM, up to the end of the warranty periods. In any event, the “Liability” clause shall survive the termination of the GTS.

4.1. Availability of Products

Offers of Products are valid while stocks last. The sale is conditional upon the availability of the Products in stock.

In the event that a Product becomes unavailable after validation of your order, we will inform you by e-mail as soon as possible, offering you either to order another Product presented on the Site as a replacement, or to cancel your order in accordance with Article 4.4 below. No debit corresponding to the unavailable Product(s) will be made on the Customer’s bank account in the event of unavailability of one or more Product(s).

ELM reserves the right to change the Products offered on the Site at any time and without notice.

4.2. Order procedure and formation of the sales contract

Orders for Products are placed directly on the Site. To place an order, the Customer must follow the steps described below (please note however that, depending on the Customer’s starting page, whether the Customer already has a customer account, whether they create one at the time of order, or whether they place the order as a guest without creating a customer account, the steps described hereinafter may differ slightly or be presented differently).

4.2.1. Selection of Products and order

The Products offered for sale are described and presented on the Site. The Customer is solely responsible for the choice and purchase of a Product. The Customer is advised to consult the detailed description of each Product, in particular as regards the features they are looking for, and to contact ELM customer service (hereinafter the “Customer Service”) for any additional information by clicking on the “CONTACT US” link on the Site.

At any time during your browsing of the Site, you may add Products to your basket by clicking on “Add to basket” and choose to complete your purchases or continue browsing.

You can view your basket by clicking on “Basket” in the top right menu, where the following will appear: the photo of the product(s), their name, the quantities chosen, their unit price(s) and the subtotal of the selection. You will then be able to choose the country of delivery (see Article 6.1 below). The amount of delivery charges, taxes and consequently the total amount of your order will be displayed.

Although every effort is made to ensure that the colour and appearance of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, in particular due to the technical limitations of colour rendering on your IT equipment. ELM cannot be held liable for non-material errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site. If you have any questions about the Products, you may of course contact our Customer Service.

While browsing the Site, the Customer is invited to review the summary of their order at any time by clicking on the “Basket” button available in the top right of every page of the Site. The Customer must check the details of their order, identify any errors made when entering their data and, where appropriate, correct them. The Customer will verify the accuracy of the Product(s) selected, their quantity and the information they provide before confirming their order. Upon confirmation, the order will be sent to ELM for processing and validation.

4.2.2. Identification of the Customer and customer-account creation procedure

After selecting the Product(s) you wish to purchase, click on “Complete my order” to start the payment process.

Data recorded in ELM’s information system at the time of a purchase on the Site constitutes proof of all transactions concluded between ELM and its Customers. In the event of a dispute between ELM and one of its Customers regarding a transaction carried out on the Site, the data recorded by ELM shall be considered valid evidence of the content of the transaction.

Every Customer has the option of creating a customer account (the “Account”) during their first visit to the Site or when placing their order, if they do not yet have an Account. Customer registration on the Site is free of charge. In order to open their Account, the Customer must: (i) provide their e-mail address, and (ii) choose a password. However, the Customer may also place an order without creating an Account, by using the “Guest checkout” option, in which case only their e-mail address will be requested in order to send them the information relating to their order and to manage that order, along with the personal data necessary for placing the order and delivering it.

Any incomplete registration will not be validated, which the Customer acknowledges and accepts.

The information the Customer provides to the Seller upon registration must be complete, accurate, up-to-date, truthful and free of any misleading character. The Seller reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility and the information provided.

The Customer undertakes to update this information in their Account without delay if it has been modified, so that it always meets the above criteria and so that ELM can execute any order placed.

Registration of a Customer automatically results in the opening of an Account in their name, from which they can track their orders, their return requests and update their personal information. The Customer may log in to their Account in order to change their password. The Customer is recommended to change their password regularly, for security reasons.

The Customer may close their Account at any time by sending an e-mail to: contact@yumay-beauty.com.

The Seller will deactivate the Account as soon as possible and will send the Customer an e-mail confirming the closure of their Account. In the case of pending orders placed before the closure request or the effective closure of the Account, these must be paid for by the Customer and delivered by the Seller.

4.2.3. Payment

4.2.3.1. Validation of the Customer’s details

You must complete the delivery information required for proper shipping of your order: title, first name, last name, address, postcode, city, country, telephone, e-mail address, and any other information required to process your order.

ELM cannot be held liable for the consequences of any inaccuracy in the information provided by the Customer.

Once this step is completed, click on “Place order”.

4.2.3.2. Validation of the content and conditions of the order — formation of the sales contract

At the end of the order process described above, and as stated previously, you will be invited to read the GTS as well as the Site’s personal data protection policy in force at the time of your order, which will be accessible via a URL link, and to accept them by ticking the relevant boxes, as described above. This acceptance is required before being able to pay and place an order.

Any complete order received by the Seller is deemed firm and final.

The distance-selling contract is concluded from the moment the Customer confirms their order by clicking on the “PAY NOW” button. The sales contract between the Customer and ELM shall comprise only the GTS applicable at the time of your purchase, the invoice, and any other provision agreed in writing between you and ELM.

4.2.4. Invoicing and payment of the order

4.2.4.1. Billing address

You may use your delivery address as your billing address, or enter a different one by unchecking the “Use my delivery information for billing” option.

4.2.4.2. Accepted means of payment

The Customer warrants to the Seller that they hold all the authorisations required to use the chosen means of payment.

The Customer may pay for purchases on the Site by:

• PayPal account. By choosing payment via PayPal, the Customer will automatically be directed to their PayPal account. Once the PayPal payment is validated, the Customer will be shown the order confirmation page on the Site.
• Bank card (accepted cards: CB network, Visa, Eurocard/Mastercard, American Express).
• Apple Pay.
• Google Pay.
• Klarna

Bank-card payments may be authenticated and secured by the 3D Secure system. This system is also known under the names “Verified by Visa”, “MasterCard SecureCode” or “American Express SafeKey”. At the time of payment, the bank requests personal information from the Customer in order to verify the identity of the cardholder and validate the transaction. 3D Secure authentication is specific to each bank. For any question regarding your 3D Secure code, please contact your bank directly.

Once the 3D Secure code has been entered and validated by your bank, your order is sent to ELM.

Your bank card or credit card will be debited as soon as the Product order is validly placed on the Site. In the event of refusal by the bank, the order will be automatically cancelled.

4.3. Confirmation of the order

4.3.1. Confirmation of the order by ELM

Once completed, your order is sent to ELM for processing.

ELM reserves the right not to accept an order if it reasonably considers that the Customer has breached these GTS, in particular if it appears that the Customer is acting in a professional capacity — for example by ordering quantities that do not correspond to the usual average needs of a household — or if they are engaged in fraudulent activity, or for any other legitimate reason.

Furthermore, ELM reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous orders.

4.3.2. Order incidents

ELM cannot be held liable if the proper execution of an order on the Site is disrupted by a virus, computer bug, unauthorised human intervention or any other cause beyond ELM’s control. In such cases, ELM reserves the right to interrupt or cancel the order in progress. In such cases, the Customer will be informed by e-mail of the interruption or cancellation of their order.

4.3.3. Order summary

A summary of your order will then be sent to you by e-mail, including a copy of the GTS applicable at the time of the order. This summary will show the order subtotal, information relating to delivery costs and arrangements, as well as the name, reference number, price and quantity of the Product(s) purchased.

The Customer is advised to keep this summary.

4.3.4. Invoices

The Customer may access and download their invoice from the order status page via the link included in the order confirmation email sent to the email address provided during checkout.

4.4. Modification / Cancellation of the order

Once payment has been made, the Customer cannot modify or cancel their order, save with the prior written agreement of ELM. In any event, the Customer may exercise their right of withdrawal, the terms of which are described in Article 7 below.

The prices of the Products are stated in euros, all taxes included, excluding delivery charges, with the exception of the countries listed in the table below: Denmark DKK, Poland PLN, Sweden SEK, Switzerland CHF.

The Products are invoiced on the basis of the prices displayed on the Site at the time the order is placed and subject to their availability.

All orders are payable in euros and must be paid in full in cash at the time the order is placed, regardless of any installment-payment options offered by the chosen payment method (for example, PayPal).

No order can be taken into account without full cash payment at the time the order is placed.

ELM carries out regular checks to verify that the prices charged are correct. However, certain prices may be affected by an error. If ELM identifies a price error in the order, the Customer will be informed as soon as possible. ELM will then reserve the right to cancel the order for the item affected by an obvious pricing error. If the order has been paid for, the Customer will be immediately refunded the amount paid, and where applicable, if the order has been delivered, the Customer shall return it to ELM.

6.1. Delivery and pick-up area

Products purchased on the Site can only be delivered to the continental territory (excluding overseas territories) of the following countries:

• Belgium,
• Metropolitan France (Corsica included and excluding Guadeloupe, Martinique, French Guiana, Réunion, Mayotte, New Caledonia and the French Southern and Antarctic Lands),

(the “Delivery Area”).

It is not possible to place an order for any delivery address outside this Delivery Area, or in a part of the Delivery Area in which ELM is not authorised to deliver Products due to local regulations.

6.2. Delivery to a postal address or pick-up point

Products are shipped to the delivery address indicated by the Customer during the order process, which may be either their home at a postal address or a chosen pick-up point, via different delivery service providers depending on the destination country within the Delivery Area.

Delivery will be made to the address chosen by the Customer.

For home delivery, if the recipient is absent when our transport provider attempts delivery, the parcel will be deposited at a pick-up point near the delivery address. In this case, the Customer may collect the parcel within the time-frame indicated by e-mail, upon presentation of proof of identity and/or the delivery notice. At the end of this time-frame, unclaimed parcels will be returned to us. We accept no liability for delivery delays caused by the absence of the recipient or their failure to collect the parcel within the time-frame provided.

In the case of delivery to a pick-up point, the Customer shall take delivery of the ordered Products within the time-frame indicated by the chosen carrier in its notice of availability. After this time-frame, unclaimed parcels will be returned to us. We accept no liability for delivery delays caused by the absence of the recipient or their failure to collect the parcel within the time-frame provided.

ELM reserves the right to request, via its delivery service providers, a signature and/or a valid form of identification from the Customer upon delivery or pick-up of the order at a pick-up point, as well as any other element communicated by the carrier (for example: a PIN code).

The costs and risks of the Product delivery operation are borne exclusively by the Seller.

6.3. Delivery charges

Delivery charges are calculated according to the country within the Delivery Area and the delivery method chosen (home delivery or pick-up point).

A summary of the total order amount including the aforementioned charges will be displayed on the Site before the Customer makes payment.

6.4. Delivery times and arrangements

The delivery time depends on the country within the Delivery Area as well as the delivery method chosen, and is indicated for guidance only once the order has been validated. Delivery times begin to run from receipt of the order confirmation e-mail. In any event, delivery times shall not exceed thirty (30) days after the order confirmation.

This time-frame may be extended in the event of exceptional circumstances (for example, customs detention). In such a case, ELM will contact you to propose a new delivery time-frame or cancellation of your order.

ELM shall not be liable for any failure to comply with delivery times (delayed delivery, inability to deliver, return of Products to ELM, etc.) resulting from incorrect and/or incomplete information provided by you for delivery purposes and/or your absence at the time of delivery.

6.5. Delivery issues

Any failure or delay in delivery beyond the delivery times mentioned at the time of your order must be reported to our Customer Service as soon as possible at the e-mail address: contact@yumay-beauty.com.

In this case, the Customer may either request a new estimated delivery date adapted to the circumstances from ELM, or cancel the order and receive a full refund under the conditions set out in Article 7.3 below.

However, if ELM has not made delivery within the new delivery time-frame, the Customer has the right to terminate the contract. Where applicable, ELM shall reimburse, without undue delay, any sum paid pursuant to the order, using the same means of payment as that used for the order.

6.6. Receipt of Products

6.6.1. Retention of title and transfer of risk

Ordered Products remain the property of ELM until the price has been received in full, including principal, charges, taxes and mandatory contributions.

The risk of loss or damage to the ordered Products is transferred to the Customer, or to a third party designated by the Customer other than the carrier, upon delivery — that is, at the moment the Customer or the third party they have designated takes physical possession of the relevant Products.

6.6.2. Receipt and verification of conformity of Products by the Customer

The Customer (or any third party they have duly designated) shall check the apparent condition of the parcel (damaged or opened parcel, etc.) and of the items ordered and received (missing item(s), damaged item(s), etc.) upon delivery by the carrier or pick-up at the pick-up point.

If the received parcel is opened or visibly damaged, the Customer (or any third party they have duly designated) is invited to refuse the parcel or the relevant Products and to make the usual reservations in writing, in sufficient detail, on the delivery note with the carrier (opened parcel, damaged or missing item(s) or item(s) not conforming to the order, etc.).

The Customer also undertakes to inform ELM via the “CONTACT US” section in the bottom right of the Site or by e-mail at contact@yumay-beauty.com, at the latest within forty-eight (48) hours of receipt of the order. This step is important in order to allow us to open an investigation with the delivery company.

Please note that once this forty-eight (48) hour time-frame has expired, we will no longer be able to open a claim or guarantee any refund or request for return of the parcel.

Please note that the absence of reservations recorded with the carrier may, depending on the facts, result in no refund or redelivery by ELM.

If all or part of the Products in the parcel are damaged, missing or do not correspond to the order, we invite you to contact ELM Customer Service as soon as possible via the “CONTACT US” section of the Site or by e-mail at contact@yumay-beauty.com.

In the event of missing Product(s), refusal or return of a Product by the Customer under the circumstances described above, and after review of your reservations by ELM in the first scenario, ELM may refund the relevant Product(s) within fourteen (14) calendar days, under the arrangements set out in Article 7.3 below.

It is further specified that the Customer benefits from the right of withdrawal as provided for in Article 7 below, as well as from the statutory warranties as provided for in Article 9 below.

7.1. Right and time-limit for withdrawal

You have a statutory right of withdrawal of fourteen (14) days from the conclusion of the sales contract, without having to give reasons for your decision or to bear the costs of this withdrawal or pay any penalties.

After this time-frame, you may no longer exercise your right of withdrawal. Furthermore, in the case of a gift, the right of withdrawal remains for the exclusive benefit of the Customer and cannot under any circumstances be exercised by the recipient of the gift.

ELM will not issue a refund if the Products returned by the Customer do not comply with the conditions set out in this Article 7.

To notify their decision to withdraw within the time-frame allowed, the Customer may use the withdrawal form set out at the end of these GTS, or any other unambiguous statement.

This request may be sent to Customer Service by post to ELM MANAGEMENT, Avenue Louise 428 box 34, 1050 Brussels, Belgium, or by e-mail to: contact@yumay-beauty.com.

If the withdrawal request is accepted by ELM, the Customer will receive without delay an acknowledgement of receipt of their withdrawal request, sent by e-mail and accompanied by a return slip, if the order has already been received by the Customer before exercising their right of withdrawal (a copy is also enclosed in the parcel received by the Customer). The return and refund arrangements are detailed below.

7.2. Return arrangements

Products must be returned from a country within the Delivery Area and in accordance with the arrangements set out below.

The Customer shall return the Products without undue delay and, in any event, no later than within fourteen (14) days following ELM’s e-mail accepting the Customer’s withdrawal request.

In the context of the exercise of the right of withdrawal, the Products must be returned in their original condition with their original packaging, with the security sticker intact and unopened, accompanied by their purchase invoice or a copy thereof in the case of a partial return.

ELM reserves the right to refuse the refund if the Products returned by the Customer do not correspond to the ordered Product(s) or if they have been used or damaged.

Return delivery charges to the ELM site are borne by ELM. To this end, the Customer must return the Products by post, through the carriers selected by ELM, within a maximum period of fourteen (14) working days from their withdrawal notice.

7.3. Refund arrangements

The refund will be made within fourteen (14) days following the date on which ELM is informed of the Customer’s decision to withdraw.

A confirmation e-mail will be sent to you. The refund will then be made using the same means of payment as that used for the order. However, additional charges paid by the Customer relating to the choice of a specific delivery method shall not be refunded.

Aside from the right of withdrawal described above, ELM offers its Customers the possibility to exchange or return the items delivered under the conditions set out below. These exchanges or returns are subject to these GTS.

The Customer may, at their choice, within thirty (30) days following receipt of their order, arrange the remote exchange of one or more of the ordered Products.

In such a case, the Customer may contact Customer Service by clicking on the “CONTACT US” link on the Site, in order to agree the arrangements for the exchange or return of the items delivered in their original packaging, complete, with the security sticker intact and unopened (boxes, accessories, protection, labels, leaflets, etc.) and accompanied by the duly completed return slip as well as a copy of the invoice, to the address indicated on the return slip.

The provisions of Article 7.2 above on return arrangements and those of Article 7.3 on refund arrangements apply to this Article in the case of an exchange or return, save as otherwise provided in this Article.

The return shipping costs will be indicated on the return slip that will be sent to the Customer by e-mail within forty-eight (48) hours of their request; they will be borne by the Customer and pre-paid by ELM. These costs will be deducted at the time of refund of the order by ELM to the Customer.

The refund will be made within fourteen (14) days from receipt of the Product(s) by ELM. A confirmation e-mail will be sent to you. The refund will then be made using the same means of payment as that used for the order. However, additional charges paid by the Customer relating to the choice of a specific delivery method shall not be refunded.

9.1. Statutory warranties

ELM is liable to the Customer for any purchase of Products under the statutory warranty of conformity and the warranty against hidden defects of the item sold.

IMPORTANT

The consumer has a period of two (2) years from delivery of the goods to invoke the statutory warranty of conformity in the event of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it arose.

Where the sales contract for the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the statutory warranty applies to that digital content or digital service throughout the supply period provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it arose.

The statutory warranty of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The statutory warranty of conformity entitles the consumer to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the statutory warranty of conformity, the consumer is entitled to a six-month extension of the original warranty.

If the consumer requests the repair of the goods but the seller imposes replacement, the statutory warranty of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:

• 1° The professional refuses to repair or replace the goods;
• 2° The repair or replacement of the goods takes place after a period of thirty days;
• 3° The repair or replacement of the goods causes a major inconvenience to the consumer — in particular where the consumer ultimately bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
• 4° The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious as to justify immediate price reduction or termination. In such case, the consumer is not required to request repair or replacement of the goods beforehand.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are out of use for repair or replacement suspends the warranty that was still running, until the goods are delivered back in restored condition.

The above rights result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who, in bad faith, obstructs the implementation of the statutory warranty of conformity incurs a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the statutory warranty against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty gives the right to a price reduction if the goods are kept, or to a full refund against return of the goods.

9.2. Exclusion of warranty

If the Products returned by the Customer do not correspond to the ordered Products, ELM shall not be bound by its obligations described in Article 9.1 above.

For the avoidance of doubt, the statutory warranties do not cover damage or defects resulting from an external cause (accident, impact, etc.) or from a fault of the Customer resulting from a use that does not conform to and/or is unsuited to the characteristics of the Product (products modified, repaired, integrated or added to by the Customer).

ELM cannot be held liable for the breach of any of its obligations if the improper performance of the contract results from an event of force majeure, from an act or omission of the Customer, from the unforeseeable and insurmountable act of a third party to the contract, or from an obstacle beyond ELM’s control which ELM could not reasonably foresee at the time the contract was signed with the Customer, and the consequences of which cannot reasonably be avoided or overcome by ELM.

For any question relating to your order, you may contact ELM Customer Service by e-mail at contact@yumay-beauty.com.

For any after-sales service outside the exercise of a statutory warranty, the transport costs (return shipping costs) of the Product(s) shall be borne by the Customer. Only returns made under the statutory warranty of conformity or the warranty against hidden defects are free of charge for the Customer.

These GTS and any order placed on the Site are governed by and construed in accordance with French law. However, the application of French law shall not deprive the Customer of the level of protection afforded by the applicable mandatory provisions of law of their country of habitual residence.

In the event of any dispute relating to the application and/or interpretation of these GTS to the Site and/or an order, the Customer may contact our Customer Service in order to seek an amicable solution.

In addition, the Customer may also resort to a conventional mediation procedure or any other alternative dispute resolution procedure, with a qualified entity, in order to attempt to resolve their dispute amicably.

The Customer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator. Failing an amicable solution or recourse to mediation, all disputes to which the GTS and/or a Customer’s order may give rise shall be submitted to the competent French court in accordance with the rules laid down by applicable law.

The fact that one of the parties does not avail itself of the other party’s breach of any of its obligations referred to in these GTS shall not be interpreted in the future as a waiver of the obligation in question.

In the event of a dispute, if you reside outside France, in accordance with the provisions of Regulation (EU) No. 1215/2012 of 12 December 2012:

• you may bring proceedings before the court of the place where you are domiciled;
• ELM may bring proceedings before the court of the place where you are domiciled.

In accordance with Article L. 223-1 of the French Consumer Code, you have the possibility of registering free of charge on the Bloctel telephone-marketing opt-out list (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional, except in the case of solicitations occurring in the context of the performance of an ongoing contract and relating to the subject matter of that contract.

(PLEASE COMPLETE AND RETURN THIS FORM ONLY IF YOU WISH TO WITHDRAW FROM THE CONTRACT.)

To: CUSTOMER SERVICE OF ELM MANAGEMENT — Avenue Louise 428 box 34, 1050 Brussels, Belgium / OR AT THE FOLLOWING E-MAIL ADDRESS: contact@yumay-beauty.com (*)

I/We (*) hereby notify (*) my/our (*) withdrawal from the contract for the sale of the goods / for the provision of the service (*) below:

— Description / reference of the goods: __________________________________________

— Ordered on / received on (*): __________________________________________

— Name(s) of the consumer(s): __________________________________________

— Address of the consumer(s): __________________________________________

— Signature of the Customer (only in the case of notification of this form on paper): __________________________________________

— Date: __________________________________________

(*) Delete as appropriate.