These General Conditions govern the sale of Products and associated Services by the company FA FUNGIBLE APPAREL, a simplified joint-stock company with a share capital of 10,000 euros, registered with the Nanterre Trade and Companies Register under number 922055470 and having its registered office at 8 rue Jacques Henri Lartigue 92130 Issy-les-Moulineaux (hereinafter "FUNGIBLE APPAREL") and any adult individual acting strictly within the scope of their personal needs as a consumer (hereinafter "the Customer").

FUNGIBLE APPAREL and the Customer are individually referred to as "a Party" and collectively as "the Parties."

By placing an Order, the Customer expresses their unconditional agreement to be bound by these General Terms and Conditions of Sale and Services by clicking on the box "I have read and expressly accept the General Terms and Conditions of Sale and Services, the General Terms and Conditions of Use of the Platform, as well as the Privacy Policy of FUNGIBLE APPAREL."

IMPORTANT

FUNGIBLE APPAREL reminds that the non-fungible token (NFT) represents a simple digital asset registered on a blockchain, allowing to certify the authenticity of this asset and its non-interchangeability. Thus, ownership of a Non-Fungible Token does not imply automatic transfer of copyright to the work and/or Graphics associated with it. Under these conditions, it is the responsibility of any FUNGIBLE APPAREL Customer to verify in advance that they have all the rights to the work represented within the non-fungible token to represent, reproduce, adapt, print on the Products using the Platform published by FUNGIBLE APPAREL.

These elements may be specified in the predefined contractual clauses in the form of computer code when acquiring the non-fungible token (NFT), which may provide for a transfer of Intellectual Property Rights and in particular a transfer of copyright to the Work represented within the non-fungible token (NFT). In any case, it is the exclusive responsibility of the Customer to ensure that they do not violate any right or legal provision when placing an Order through the Platform and to expressly declare that they hold all the rights allowing them to reproduce and/or market the Work associated with their Non-Fungible Token (NFT).

The Customer is responsible for carefully reviewing clause 7 regarding their various commitments and guarantees. In case of doubt, they are invited to contact FUNGIBLE APPAREL and must imperatively refrain from any Order through the Platform.

Article 1: Definitions

This article defines the essential terms contained in these General Terms and Conditions of Sale and Services. Terms whose first letter appears in capital letters will have the meaning attributed to them in this article, whether singular or plural: "FUNGIBLE APPAREL":

Refers to the company FA FUNGIBLE APPAREL, a simplified joint-stock company with a share capital of 10,000 euros, registered with the Nanterre Trade and Companies Register under number 922055470 and having its registered office at 8 rue Jacques Henri Lartigue 92130 Issy-les-Moulineaux, publisher of the Platform;

"Blockchain": Refers to the low-cost, secure and transparent information storage and transmission technology that operates without a central control body. In the broad sense, a Blockchain refers to a secure and shared database by its different users, containing a set of transactions that anyone can verify their validity;

"Shop": Refers to the digital space made available to the Partner to present and market the Graphics associated with their Non-Fungible Tokens, under the conditions provided for in the contract concluded between the Partner and FUNGIBLE APPAREL;

"General Conditions" or "General Terms and Conditions of Sale and Services": refer to these General Terms and Conditions of Sale and Services in their current version, accessible on the Platform;

"Contract": refers to the contract of sale and provision of services formed between the Client and FUNGIBLE APPAREL, which is composed of these General Conditions and Orders placed through the Platform;

"Order": refers to any order placed by the Client with FUNGIBLE APPAREL through the Platform;

"Cryptocurrency": refers to all digital assets as defined in the monetary and financial code and linked to Blockchains (Bitcoins, Ether, etc.);

"Personal Data" or "Data": refers to any data that directly or indirectly identifies a natural person, such as name, first name, email, postal address, telephone number;

"Intellectual Property Rights" or "Rights": refers to all exclusive property or use rights, in particular and without limitation, copyrights, neighboring rights, and all related rights, model rights, database rights, topography rights, design rights, advertising rights, confidential information rights, computer software rights, moral and property rights, as well as all other rights existing anywhere in the world, whether registered or not, including applications, renewals or extensions of such rights, and all similar or equivalent forms of protection;

"Non-Fungible Token" or "NFT": refers to the digital token of which the Client or Partner is the holder, providing access to a digital file recorded on a Blockchain with the aim of representing the authenticity certificate of the underlying asset. It is understood and agreed that the author(s) of the Work or Graphics associated with the NFT remain(s) the holder(s) of moral and property attributes on the Work, unless a transfer of copyright has been provided to the benefit of the Client or Partner;

"Work" or "Graphics": refers to any content, drawing, model, graphics, writing, character, image, photograph and more generally any element capable of graphic representation, associated with the NFT on which the Client or Partner declares to hold all Rights allowing him/her to reproduce, adapt, represent;

"Partner": refers to any artist and/or professional who, in partnership with FUNGIBLE APPAREL, is able to offer customization of the Products using his/her Graphics represented in Non-Fungible Tokens of which he/she is the holder and owner;

"Platform": refers to the Shops and more generally all technical and computer solutions accessible to Clients from the website accessible at the following URL: www.fungibleapparel.com;

"Product": refers to any object or accessory, which may be personalized thanks to the Graphics associated with the Non-Fungible Token of the Client or Partner;

"Services": refer to all services offered to the Client associated with his/her Order and which he/she benefits from in accordance with the terms indicated in Article 3.3. of these General Conditions;

"Wallet": refers to the Client's personal electronic wallet allowing him/her to store his/her Non-Fungible Tokens and other Cryptocurrencies and allowing the Client in particular to place Orders through the Platform and customize the Product.

Article 2: Acknowledgment and Acceptance of General Conditions

These General Conditions are available on the Platform. As a result, the Client who places an Order with FUNGIBLE APPAREL is deemed to have acknowledged and accepted these General Conditions. The General Conditions of Sale constitute the legal basis of the Contracts concluded between the Client and FUNGIBLE APPAREL.

They override any contrary clauses, printed or not, proposed by the Client, as long as they have not been explicitly and expressly accepted by FUNGIBLE APPAREL. By placing an Order for a Product on the Platform, the Client declares that they have acknowledged the present General Conditions of Sale of Services and accepts all the established provisions and rules without any reservations.

Article 3: Information on Orders

3.1. Information on Products

In accordance with the provisions of articles L. 111-1 and following of the Consumer Code, the Client may, prior to placing an order, become aware of the essential characteristics of the product(s) they wish to order on the Platform. FUNGIBLE APPAREL undertakes to present its Products in a fair manner and to provide all useful information to its Clients for each Product, including its composition, size, and different properties, as well as the methods and recommendations for the maintenance and/or washing of the Product.

While taking the greatest care in putting the information and data available on the Platform online and keeping them up to date, FUNGIBLE APPAREL cannot be held responsible for inaccuracies, errors, or omissions that may have been slipped into the description of the Products that have been communicated to it by the manufacturers.

Furthermore, FUNGIBLE APPAREL cannot be held responsible for typographical errors appearing on the Platform independently of its will, or for a visual of the Product that is not up-to-date.

Similarly, the digital graphics illustrating the personalized Products are only indicative and are not part of the contractual scope. They do not, therefore, engage FUNGIBLE APPAREL in any way and cannot be held responsible for inaccuracies or minor discrepancies between the personalized Product and its representations and illustrations offered on the Platform.

In case of doubt or if the Client wishes for further information, they are invited to contact FUNGIBLE APPAREL before placing their Order at the following email address: contact@fungibleapparel.com.

The Products presented for sale by FUNGIBLE APPAREL, especially when it comes to limited collections, are valid within the limits of available stock.

3.2. Placing an Order and Personalizing Products

Every Order requires the Client's full, entire and unconditional agreement to these General Conditions, as well as to FUNGIBLE APPAREL's Terms of Use for the Platform. Once the Products have been selected (sizes, colors, etc.), the Client will have the option to personalize them using the Graphics for which they declare to hold the associated Rights to the Non-Fungible Token in their possession, or using the Graphics of FUNGIBLE APPAREL Partners.

Once they have been placed in their cart, the Client must check that the contents of their Order are correct and comply with their expectations and requirements.

The Client is invited to check the content of their Order (including the quantity, characteristics, and references of the Products ordered, their customization, the billing address, the means of payment, and the price) before validating their Order.

The applicable prices are those indicated to the Customer when ordering and are all taxes included (“TTC”; currency: dollars and Cryptocurrencies). The customization and delivery of Products is honored once payment for the Order has been made. A copy of the order acknowledgment is automatically sent to the Customer by email, provided that the email address provided is correct. The commitment of the Customer is materialized by payment which formally and definitively formalizes the Contract binding it to FUNGIBLE APPAREL.

Once the Order is confirmed, and provided that payment has been made, FUNGIBLE APPAREL will personalize the Product according to the wishes of the Customer and thanks to the Graphics linked to its Non-Fungible Token or that of a Partner as well as its delivery to the address indicated by the Customer.

In the absence of indication or agreement as to the delivery date, FUNGIBLE APPAREL delivers the personalized Products, in principle, within a period of thirty-five (35) working days after validation of the Order, even if this period is generally shorter. In any event, it is understood and agreed by the Parties that the offers of Products presented are valid within the limit of available stocks when it comes to specific collections made in partnership with certain brands. In the event of unavailability of the Products after the Order has been placed, the Customer will be refunded the full price of the Order within fourteen (14) days following the cancellation.

3.3. Services associated with the Order

3.3.1. Generator of an NFT corresponding to the digital pendant of the personalized Product

Following the customization of the Product and validation of the Order by the Customer, FUNGIBLE APPAREL will generate the digital equivalent of the personalized Product in the form of an NFT which will be associated with the Customer's Wallet. Once the physical Product is received, the Customer is invited to scan the NFC chip located on the label of said Product. This step will allow him to access an interface on which he can enter the Product number (mentioned in the order summary sent by email) to certify the authenticity and ownership of the new Non-Fungible Token representing the digital equivalent of the personalized Product.

3.3.2. Referral code

Once the Order is placed and validated, the Customer receives a reference code linked to his Wallet. In the event that a third party uses this code when placing an Order subsequent to that of the Customer, the third party will receive a 5% discount on the amount of the Order (excluding taxes and delivery charges) and 5% of the amount of the Order (excluding taxes and delivery charges and net of the 5% discount for the third party) will be refunded to the Customer on his Wallet in Ethereum Cryptocurrency (ETH).

3.3.3. Access to the discord server and the FUNGIBLE APPAREL community

Once the Order is placed and validated, the Customer benefits from access to the FUNGIBLE APPAREL discord server, allowing in particular:

➢ To exchange with the different members of the community;

➢ To benefit from offers and special events organized and offered by FUNGIBLE APPAREL;

➢ To be informed about FUNGIBLE APPAREL's recent partnerships;

➢ To follow his Order and the delivery of the personalized physical Product.

Article 4: Financial Conditions

4.1. Price

The Customer will find on the Platform the prices displayed in dollars, all taxes included, as well as the applicable delivery charges (depending on the weight of the package as well as the Delivery address). Prices include in particular the value-added tax (VAT) at the rate in force on the date of the order. Any modification of the applicable rate may affect the price of the Products

4.2. Payment – Terms

The payment for the Order is due at the time of placing the Order. The payment for the Order is made by credit card or through a transaction in Ethereum (ETH) Cryptocurrency.

It is expressly understood between the Parties that FUNGIBLE APPAREL may cancel, automatically and without prior notice, the Order in case of default of payment, fraudulent payment, fraud, or attempted fraud.

Furthermore, FUNGIBLE APPAREL reserves the right to set up a payment control system.

The Client must carry out the verification procedure and not try to circumvent it; failing which, the corresponding Order will be considered null and void.

Article 5: Delivery

5.1 Origin and destination

In the absence of contrary indication, the Products may be delivered worldwide. The Products are shipped to the delivery address that the Client has indicated during the Order process. It is understood that FUNGIBLE APPAREL declines all responsibility in case of mention of an inaccurate or incorrect address. The Client is therefore invited to verify the accuracy of the address he mentions when placing his Order.

5.2. Delivery times

FUNGIBLE APPAREL undertakes to make its best efforts to ensure that the delivery of the Products is fast.

The time required to prepare an Order, customize the Products, and proceed with their shipment is mentioned on the Platform. These deadlines do not include weekends or public holidays. However, these delivery times are indicative and may be subject to change in case of unforeseen events. Any possible delay cannot give rise to any damages and interest, retention or cancellation of the Order. In any event, FUNGIBLE APPAREL strives to keep the Client informed of any delay in shipping and/or delivery that it becomes aware of.

In the event that the delivery time exceeds thirty-five (35) business days, the Client may still proceed with the cancellation of his Order via the following email address: contact@fungibleapparel.com or through the FUNGIBLE APPAREL discord server.

In this case, FUNGIBLE APPAREL confirms the cancellation and refunds the Client the paid price corresponding to his Order within fourteen (14) days following the cancellation. In such a case, it is understood and agreed that the Client loses the benefit of the referral code indicated in article 3.3.2. of these General Terms and Conditions.

5.3. Delivery terms

In order to ensure fast and efficient delivery, the Client must provide his mobile phone number or any other information necessary for the proper delivery of the Product.

Under these circumstances, it is expressly understood by the Parties that FUNGIBLE APPAREL and the authorized carrier cannot be held responsible for delays or difficulties encountered during delivery:

➢ If the Client does not provide a valid and functional mobile phone number or any other information necessary for the delivery of the Product;

➢ If the Client does not respond to the carrier's requests;

➢ If the address indicated or the coordinates provided by the Client are found to be inaccurate or imprecise.

5.4. Delivery fees

Delivery costs are the responsibility of the Client and are calculated, in particular, according to the delivery address. The amount of these costs will be due by the Client in addition to the price of the purchased Products. The details of delivery times and fees are detailed on the Platform when placing the Order.

5.5. Receipt of product and non-conformity check

Before opening the package of the delivered product, the customer must ensure that the received package corresponds to the order and that the package is delivered in good condition. Any reservations concerning the delivery of a product must be reported to FUNGIBLE APPAREL. Without prejudice to the actions to be taken with regard to the carrier, claims concerning apparent defects or non-conformity of the delivered product to the ordered product or the shipping note must be made in writing upon receipt of the products, by email to the following address: contact@fungibleapparel.com, or through FUNGIBLE APPAREL's Discord server. In the event of non-conformity, FUNGIBLE APPAREL shall be obliged to provide assistance to the customer and offer a replacement solution for the non-conforming product in the conditions set out in article 8 of these General Conditions.

In such a case, FUNGIBLE APPAREL shall be responsible for the return of the non-conforming product at its own expense provided that it has not suffered additional damage other than the non-conformity and that the product is returned in its original packaging.

In order for the product to be returned to FUNGIBLE APPAREL and for the customer to receive a new delivery, it is imperative that the customer provides evidence of the non-conformity of the product.

Article 6: No right of withdrawal

It is understood by the parties that the products are made to order, according to the customer's specifications and the Graphics he has chosen, associated with his Non-Fungible Token or that of a Partner. The products are therefore made according to the specific specifications of each customer and are clearly personalized. As such, in accordance with article L221-28 of the French Consumer Code, customization as well as the sale of products are not subject to any right of withdrawal.

Article 7: Customer Guarantees

It is understood that the declarations, undertakings, and guarantees of the customer set out in this article of the General Conditions constitute substantial and imperative provisions. In the event of a disagreement with any of these undertakings, the customer agrees not to place any order with FUNGIBLE APPAREL through the Platform.

7.1. Undertakings of the Customer, holder of the NFT and author of the associated work

Any customer declares and warrants to FUNGIBLE APPAREL that they are the holder of all rights to the works and graphics that will allow the customization of the product(s). They declare and warrant that they have not used any fragments of pre-existing works that have not fallen into the public domain for the design of works and graphics related to their NFT. The customer guarantees that they are the author of the intellectual contributions that led to the creation of the works and graphics related to the NFT and that the works and graphics do not infringe any third-party rights (violation of privacy, violation of copyright, counterfeiting, unfair and parasitic competition, violation of neighboring rights of the performing artist, violation of the right to image, defamation, etc.).

The customer also guarantees that the graphics do not contain any false, inaccurate, misleading, incomplete, defamatory, obscene, pornographic, indecent, harassing, threatening, harmful, or abusive elements.

As such, the customer guarantees FUNGIBLE APPAREL against any claim or action that any natural or legal person may take, for any reason, in this regard. These include but are not limited to violations based on the aforementioned violations and/or actions for infringement, as well as actions based on unfair and parasitic competition.

7.2. Client's commitments, holder of the NFT which is not the author of the associated work

In the event that the Client is not the author and creator of the work or graphics, it is imperative for them, before placing an order, to check that they hold a copyright assignment allowing them to reproduce and market the graphics and/or to contact the creator or holder of said rights on the work or graphics in order to obtain a copyright assignment allowing them to have the rights of representation, reproduction, adaptation, and commercial exploitation of graphics in order to be able to affix them to the product. Again, the Client guarantees FUNGIBLE APPAREL against any claims or actions that any natural or legal person could take, for any reason, including privacy violations, copyright infringement, counterfeiting, unfair and parasitic competition, infringement of neighboring rights, in particular the performer's rights, image rights, defamation, etc.

7.3. Client's commitments, non-holder of the NFT, who personalizes the Product with a Partner's Graphics.

All texts, logos, creations, designs, graphics, photographs, images, distinctive signs, etc. offered by the Partner within their Shop accessible on the Platform are likely to be protected by intellectual property law, particularly by copyrights, image rights, neighboring rights, database rights, and trademark rights.

The Partner is the sole holder of the various intellectual property rights to these elements, except for those that have been assigned and granted to FUNGIBLE APPAREL in accordance with the clauses set forth in the agreement between FUNGIBLE APPAREL and the Partner.

As a result, it is expressly understood that the personalization and ordering of the Product by the Client through the Platform does not give them any rights to the various aforementioned elements.

Consequently, any copying, reproduction, representation, adaptation, translation, modification, distribution, and/or transformation, in whole or in part, or transfer of these elements, data, and content, without the express and written consent of the rights holder and exceeding the limits provided for in the General Conditions, is likely to constitute an infringement of the Partner's intellectual property rights, which are liable to legal proceedings.

The Client guarantees FUNGIBLE APPAREL against any claims or actions that may be taken by the Partner on this occasion, including privacy violations, copyright infringement, counterfeiting, unfair and parasitic competition, infringement of neighboring rights, in particular the performer's rights, image rights, defamation, etc.

Article 8: Guarantees from FUNGIBLE APPAREL

The Client benefits from the legal guarantee of hidden defects resulting from articles 1641 to 1649 of the Civil Code and from the legal guarantee of conformity of articles L.217-4 and following of the Consumer Code. In case of non-conformity (Product unsuitable for the normal use expected of a similar product, which does not correspond to the description given by FUNGIBLE APPAREL, or which does not have the qualities announced by FUNGIBLE APPAREL or agreed with the Client) or hidden defect of the Product (hidden defect of the sold Product that makes it unfit for the use for which it is intended, or which so diminishes that use that the Client would not have acquired it, or would have given it a lower price if they had known), and in compliance with the conditions set by law, the Client may take action within a period of two (2) years from the discovery of the defect (article 1648 of the Civil Code) or from the delivery of the Product (article L.217-12 of the Consumer Code).

In the event of non-compliance, the Client has the choice between repairing the Product or replacing it. However, if this choice entails a cost that is manifestly disproportionate to FUNGIBLE APPAREL, it may proceed with the option not chosen by the Client.

If repair and replacement of the Product are impossible, the Client may return it and receive a refund of the Product price or keep it and receive a portion of the price. The same option is available to the Client, on the one hand, if repair or replacement cannot be carried out within one (1) month following their claim, or on the other hand, if repair or replacement causes major inconvenience.

In any case, in order for the Product to be returned to FUNGIBLE APPAREL and for the Client to receive a new delivery or repair of the Product, it is imperative that the Client provides proof of the non-conformity of the Product. Furthermore, it is understood and agreed that these guarantees are not due if the Client has not scrupulously followed the recommendations indicated on the Platform regarding the maintenance and washing of the Product.

In the event of a hidden defect in the product sold, the Client may return the product and receive a refund or keep it and receive a portion of the price. In the case of a refund, the sums paid in cash will be credited to the card used by the Client to pay for their order or to their Wallet if the payment was made in Cryptocurrencies.

Article 9: Personal Data

The information requested from the Client is necessary for the processing of the Order and the delivery of the Product. For more information and/or to exercise their rights, the Client is invited to consult the Privacy Policy accessible on the Platform.

Article 10: After-Sales Service

For any information, complaint, or question related to these General Conditions or to the Products, the Client may contact FUNGIBLE APPAREL's After-Sales Service, recalling, where appropriate, their Order number, by email at the following address: contact@fungibleapparel.com or through FUNGIBLE APPAREL's Discord server.

Article 11: Modifications to the General Conditions

These General Conditions may be modified. In the event of a modification of these General Conditions by FUNGIBLE APPAREL, the contractual relationship between FUNGIBLE APPAREL and the Client will be exclusively governed by the General Conditions accepted by the Client on the date of the Order.

Article 12: Force Majeure

FUNGIBLE APPAREL cannot and will not be held responsible for the non-performance of one of its obligations in the event of a force majeure event, as defined by law and jurisprudence. Events that are unforeseeable, irresistible, and independent of FUNGIBLE APPAREL's will are considered force majeure. Cases of force majeure include total strikes that impede the proper functioning of the company or that of one of its suppliers, subcontractors, or carriers, as well as the interruption of transport, the supply of energy, raw materials, the internet, equipment, or Products from FUNGIBLE APPAREL's suppliers.

Article 13: Tolerance

The fact that FUNGIBLE APPAREL does not invoke any of the clauses of these General Conditions and/or tolerates a breach by the other Party of any of the obligations set out in these General Conditions cannot be interpreted as meaning that FUNGIBLE APPAREL waives its right to invoke any of the clauses and/or conditions at a later date.

Article 14: Invalidity

If any provision of these General Terms and Conditions is deemed to be null, void, unenforceable or inapplicable, such provision shall be deemed divisible and shall not affect the validity of the remaining provisions.

Article 15: Applicable law & Mediation

French law shall be the only law applicable to the relationship between the Parties, subject to mandatory rules applicable in the country of residence of the Client. Any dispute relating to the interpretation or performance of these General Terms and Conditions shall be under the exclusive jurisdiction of French courts.

In the event of an unresolved dispute between FUNGIBLE APPAREL and the Consumer, the Consumer may contact the consumer mediator.

Before contacting the consumer mediator, the Consumer must have attempted to resolve the dispute directly with FUNGIBLE APPAREL through a written claim or according to the terms of the contract concluded.

Consumer mediation is an out-of-court settlement of consumer disputes. If the conditions are met, consumer mediation will be conducted according to a specific process and in accordance with applicable laws.

The procedure is free of charge for the consumer (Article R612-1 of the Consumer Code).

TO CONTACT THE CONSUMER MEDIATOR:

Postal mail:

Médiateur de la consommation FEVAD - BP 20015 – 75362 PARIS CEDEX 8

Email: mediateurduecommerce@fevad.com

On the online form: https://xrm.eudonet.com/V7/app/specif/EUDO_03047/FEVAD/Formulaire.aspx

These terms and conditions of sales have been translated from French to English, to read the French version, visit this page: https://drive.google.com/file/d/1qw1_VD9aRVDlx_-YOCfdFPWY9oaBhNnz/view?usp=sharing