General Terms and Conditions of Online Sales

These general terms and conditions of sale (hereinafter “GTC“), which have been communicated to and accepted by the Customer, govern all relations in the context of online sales between:

On the one hand, ELEVATED SAFETY, a simplified joint stock company with a share capital of €50,000, registered with the La Rochelle Trade and Companies Register under number 922 462 437, whose registered office is located at Les Minimes, 11 place du petit Hunier – 17000 LA ROCHELLE, France, and whose VAT number is FR 21 922 462 437 (hereinafter the “Seller“).

On the other hand, any natural or legal person wishing to purchase one or more products or training courses sold by the Seller (hereinafter referred to as the “Customer”). A Customer who is a natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft activity, professional or agricultural activity shall be referred to as a consumer (hereinafter referred to as the “Consumer“).

Together referred to as the “Parties”.

ARTICLE 1 – SCOPE

The website www.elevatedsafety.com (the “Website“) is an information and e-commerce website accessible via the Internet, open to all users of this network. It is published by ELEVATED SAFETY, a simplified joint stock company with a share capital of €50,000, registered in the La Rochelle Trade and Companies Register under number 922 462 437, whose registered office is located at Les Minimes, 11 place du petit Hunier – 17000 LA ROCHELLE, France, and whose VAT number is FR 21 922 462 437

The Website is owned and published by ELEVATED SAFETY. The publication director is Pierre Massé. The Website is hosted by O2Swtich, whose address is Chem. des Pardiaux, 63000 Clermont-Ferrand, France, and whose telephone number is +33 (0)4 44 44 60 40.

The Seller offers for sale to Internet users, any natural person of legal age or minor, with the prior consent of their legal representative exclusively, browsing the Website (the “User“) :

• Technical equipment for rope access, intervention and work at height, particularly for rescue purposes, marketed by the Seller (hereinafter collectively referred to as the “Product(s)“).
• Professional training provided for operations and missions involving work at height, intervention in confined spaces, rescue at height and rope rescue (hereinafter referred to as the “Training“).
• Provision of services and rope access operations, including maintenance, supervision, technical assistance, equipment hire, drafting of technical documents, and on-site assignments (hereinafter referred to as the “Service“).

The User making a purchase on the Website and having confirmed an order shall be referred to as the “Customer”.

The Customer declares that they are legally capable of entering into this contract, the General Terms and Conditions of Sale of which are set out below, i.e. that they are of legal age and are not under guardianship or trusteeship.

Any order for a Product offered on the Website implies prior consultation and express and unreserved acceptance of these general terms and conditions of sale (the “GTC”), demonstrated by ticking the box “I declare that I have read and accept the general terms and conditions of sale of ELEVATED SAFETY without reservation and that I am aware of my right of withdrawal.”

The Seller’s customer service department can be contacted via the email address provided on its website.

The GTC define the rights and obligations of the Parties in the context of distance selling to Customers (individuals and professionals) of Products, Training and Services. They are applicable unless expressly modified in writing and agreed between the Parties. Placing an order constitutes unreserved acceptance of the GTC by the Customer. The Seller reserves the right to modify the GTC at any time, it being specified that the applicable GTC will be those in force on the date of the order. The fact that the Seller does not invoke a provision of the GTC or a right shall not be interpreted as a waiver of the right to invoke it at a later date. No derogation from these terms and conditions shall be enforceable against the Seller unless it has been agreed to in writing by the Seller.

ARTICLE 2 – PREREQUISITES FOR ACCESSING AND USING THE WEBSITE

2.1 Operation of the Website

The Seller cannot guarantee constant availability or uninterrupted access to the Website.

However, the Seller endeavours to ensure a high-quality user experience when browsing the pages of the Website. The Seller reserves the right to suspend, without prior notice, access to the Website and its Products, Training Courses and Services for reasons of maintenance or updating of the information shared.

The content, presentation and operation of the Website are subject to modification, deletion or update at the Seller’s discretion, at any time and without notice, depending on the Seller’s commercial policy and the operational requirements of the Website, it being understood that such modifications, deletions or updates will not affect orders already placed.

Consequently, the Customer may only order the Products, Training Courses and Services available on the Website on the day of consultation.

2.2 Access to the Site

Orders are placed on the Website, which is accessible via the Internet 24 hours a day, 7 days a week, except in cases of force majeure, events beyond the Seller’s control, or during maintenance, updates, technical improvements or content modifications.

ARTICLE 3 – PRODUCTS

General: Each Product sold by the Seller complies with current European Union and French regulations. The Products sold by the Seller (range, models, equipment, etc.) are those listed on the Website on the day the User visits the Website and are subject to availability.

If one of the Products is unavailable, the User or Customer will be informed:

• either when browsing the Website,
• or following confirmation of the order and before delivery, by email.

In the event of online payment at the time of ordering the Product, and if the Product proves to be unavailable after the order has been placed, the Seller shall refund the Customer within fourteen (14) days.

The Products sold by the Seller are described in an information sheet in order to provide the most accurate and complete description possible. If necessary, the Customer is invited to contact the Seller’s customer service department for any further information.

The Customer is required to refer to the description of each Product in order to ascertain its essential properties and characteristics.

The Seller shall not be held liable for minor variations from the actual products.

The Seller shall not be liable to the Customer or any third party for any harmful consequences resulting from the removal of a Product from the Website, or the replacement or modification of any content or information appearing on this Website.

Modifications: The Seller reserves the right, at any time and without notice, to make any modifications or improvements to any Products that it deems necessary, without the Buyer being able to claim any prejudice or request the benefit of such modifications or improvements on Products whose manufacture predates the application of such modifications or improvements.

Quotations and advertising: Unless otherwise agreed between the Parties, offers, quotations or invoices are valid for two (2) months from the date indicated on the aforementioned document. The models on display, notices, leaflets, catalogues, price lists or other advertising material are for information purposes only and shall in no way be considered as firm offers.

Use of Products: The Customer makes their choice and purchase of the Product under their sole and entire responsibility. The Seller shall not be held liable for any damage caused by misuse of one of its Products or by failure to comply with the precautions for use and safety conditions when using one of its Products, as communicated when the product was ordered.

For any questions or requests for additional advice, the Customer may contact the Seller’s customer service department.

ARTICLE 4 – ORDER

Definition: All orders placed on the website are subject to an online ordering process and result in an electronic document.

The order is deemed firm and final when the Customer:

• has validated the order summary,
• has accepted these General Terms and Conditions of Sale,
• and, where applicable, has made the payment or deposit required.

Confirmation of the online order constitutes an electronic signature and unreserved acceptance of the Order and these GTC.

Depending on the nature of the Order:

• the Product Order is confirmed by an electronic order confirmation specifying, in particular, the Products, their quantities, their description and the delivery terms;
• the Training Order may take the form of an online registration form, accompanied, where applicable, by a contract or training agreement specifying, in particular, the purpose, content, scope, schedule and terms and conditions of the Training;
• The Service Order may take the form of a quote or purchase order accepted online or electronically, specifying in particular the purpose, description and scope of the Service, the expected deliverables, the price and, where applicable, the execution deadlines.

Deposit: The Seller reserves the right to make final confirmation of the Order conditional upon payment of a deposit, the amount and terms of which are specified at the time of ordering.

The payment of a deposit constitutes a firm commitment on the part of the Customer, subject to the exercise of the right of withdrawal provided for in the article entitled “Right of withdrawal”.

Confirmation: The information contained in the Order is deemed to be accurate and accepted by the Customer upon confirmation of the Order.

The Training Order is deemed to be confirmed after validation of the registration form and, where applicable, electronic signature of the contract or training agreement.

The Service Order is deemed to be confirmed after express acceptance of the corresponding quote or purchase order.

Any Order validated under these conditions is firm and final.

Modification/cancellation: Any modification or partial or total cancellation of the Order by the Customer must be accepted in writing by the Seller. In the event of cancellation of an order, any deposits paid shall be retained by the Seller. In addition, charges may apply in accordance with Article 10 for Product returns.

Any cancellation of Training by the Customer less than ten (10) working days before the scheduled start date of the Training will result in the Service Provider invoicing the costs actually incurred.

These provisions apply without prejudice to the Customer’s right of withdrawal, under the conditions set out in the article “Right of withdrawal”.

In the event of cancellation of the Training by the Client, the refund terms are as follows:

– more than ten (10) working days before the start date of the Training: 100% refund of the sums paid;

– between ten (10) and two (2) working days before the start date of the Training Course: 50% refund of the sums paid;

– less than two (2) working days before the start date of the Training Course or in the event of the Client’s unjustified absence: no refund will be made.

In the event of cancellation less than ten (10) working days before the start of the Training, the Client may also be invoiced for travel expenses incurred by the Service Provider that cannot be cancelled, as well as a daily flat rate per speaker, up to the total amount of the Training.

ARTICLE 5 – PRICES AND PAYMENT

Prices: Prices are quoted in euros excluding tax. Unless otherwise agreed between the Parties, the costs of transport and packaging of Product orders shall be borne by the Customer.

The prices indicated on the Website are valid, except in the case of gross error. In the event that an abnormally low price is indicated due to a technical or human error, the Seller reserves the right to ask the Customer to make up the difference in the price already paid or, exceptionally, to allow the Customer to cancel their order by refunding them the full amount already paid.

For Training Orders, unless otherwise expressly stipulated in the Order, transport, accommodation and meal costs, as well as any personal expenses, are not included in the price of the Training and remain the responsibility of the Customer.

For Service Orders, unless otherwise agreed by the Parties, any travel expenses incurred by the Seller for the performance of the Service are not included in the price and shall be borne by the Customer.

Without prejudice to orders placed by the Customer, the Seller reserves the right to modify its prices at any time. However, it undertakes to apply the prices in force at the time of the order, subject to availability on that date. The applicable price is that indicated on the Website on the date on which the order is placed by the Customer.

Taxes and customs duties: In the case of sales not subject to VAT, the Customer undertakes to produce, without delay, the official documents justifying this. Failing this, the Customer will be liable for the amount of VAT that would then be payable. If the sale is subject to VAT, a supplement equal to the amount of VAT will be added to the pre-tax price.

In the event of a change in the VAT rate (if applicable), the price will be automatically adjusted to apply the new rate. For orders exempt from VAT, the provisions of the General Tax Code shall apply; it is the Customer’s responsibility to find out about any costs, duties and taxes that may be charged in the event of export outside the customs territory of the European Union or import into the customs territory of the European Union from a third country.

The loss or damage of Products occurring after the transfer of risks to the Buyer does not release the Buyer from their obligation to pay the price.

Preparation and shipping costs: The prices mentioned on the Website do not include preparation and shipping costs; the total price will be indicated to the User when the order is finally confirmed. These costs do not include customs duties and other related costs that may be charged upon entry into certain countries; these costs remain the sole responsibility of the Customer.

Transport costs: these will be calculated according to the delivery method chosen and the geographical area to which the order is delivered.

Commercial offers: Promotional offers are valid for the period indicated, while stocks last. Orders can only be accepted if the prices mentioned are in line with those of the current offer.

The User may also have received a commercial offer by email. In this case, they must enter and validate their discount code in the “Use a discount code” section on the delivery summary page.

ARTICLE 6 – RETENTION OF TITLE

The Products remain the property of the Seller until full payment has been received. Consequently, until full payment has been received, the Customer shall refrain from disposing of a Product for which they have not paid the full price in any way whatsoever and for any reason whatsoever. Finally, the Customer undertakes to inform any third party, particularly in the event of seizure, that the Product is sold under a retention of title clause and to immediately inform the Seller of any seizure or other operation affecting the Product.

Consequently, and until full payment and transfer of ownership of the Products, the Customer undertakes to: (i) keep the Products in its custody, (ii) store the Products separately so that they remain easily identifiable as the Seller’s property, (iii) not remove or alter the identification marks affixed to the Products and their packaging, (iv) store the Products in accordance with the Seller’s instructions and recommendations, (v) immediately notify the Seller in the event of the opening of collective proceedings against them.

The above provisions do not prevent the transfer to the Customer, at the time when the latter, or a third party designated by them, takes physical possession of the Product, of the risks of loss or damage to the Products subject to retention of title, as well as the risks of damage that they may cause.

In the event of delivery to a carrier other than that proposed by the Seller, the risk of loss or damage to the Product shall be transferred to the Customer upon delivery of the Product to the carrier.

ARTICLE 7 – CREATING A CUSTOMER ACCOUNT

In order to purchase a Product, the Customer must be at least eighteen (18) years of age and/or have legal capacity and be a consumer.

Creating a User/Customer account (the “Account”) is not mandatory to place an order but is recommended.

Registration procedure: All Customers have the option of registering when ordering Products on the Website in order to create an Account. Customer registration on the Website is free of charge.

In order to open an Account, the Customer must:

• Enter their first and last names;
• Provide their email address;
• Choose a password.

The information provided by the Customer during registration must be complete, accurate, up to date, truthful and not misleading in any way. 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 in the event of any changes, so that it always meets the above criteria.

Under no circumstances shall the Seller be held liable in the event of identity theft of a Customer. Any access and action carried out from a Customer’s Account shall be presumed to have been carried out by that Customer, insofar as the Seller has no obligation and does not have the technical means to verify the identity of persons accessing the Account.

Any loss, misappropriation or unauthorised use of a Customer’s Login Details and their consequences are the sole responsibility of the Customer, who is required to notify the Seller immediately by email to customer service (europe@elevatedsafety.com ).

Unsubscribing: The Customer may close their Account at any time by sending an email to customer service (europe@elevatedsafety.com ).

The Seller will deactivate the Account as soon as possible and send the Customer an email confirming the closure.

Any orders in progress must be paid for by the Customer and delivered by the Seller.

8- REGISTRATION AND CONFIRMATION OF ORDER

The User may view the various Products offered for sale by the Seller on its Website, including advice on use, before placing any order.

Users may freely browse the various pages of the Website without being bound by any order.

Any order implies acceptance of the prices and description of the Products available for sale. Any order implies unrestricted and unreserved acceptance of these General Terms and Conditions of Sale, to the exclusion of any other General Terms and Conditions of Sale or Purchase.

The Seller undertakes to honour orders received on the Website only within the limits of available Product stock.

The Seller cannot be held liable for any data entry errors and the consequences thereof.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or any other legitimate reason within the meaning of Article L.121-11 of the Consumer Code.

Ordering Products – The Products offered on the Website are presented with their prices (including VAT). Products are ordered via an online basket with validation and electronic payment.

The validation of the order for Products placed by the Customer on the Website is subject to compliance with the process described below:

To place an order for Products on the Website, the Customer must follow these steps:

1. Create a customer account (the “Account”) or log in using their personal login details. An Account must be created in order to place an order on the Website.

The Customer undertakes to provide accurate, complete and truthful information, and to update it in the event of any changes. Login details are strictly personal and confidential. The Customer acknowledges that the use of their login details constitutes proof of their identity and indicates their consent to the transactions carried out on the Website.

2. Review the essential characteristics of the Product(s) as presented on the Website and select the desired Product(s).
3. Add the selected Product(s) to the basket. The basket is accessible at any time to allow the Customer to check, modify or delete Products before confirmation.
4. Confirm the basket after checking its contents.
5. Confirm and complete, where applicable, the information required for billing and delivery.
6. Review the order summary, including the total price, applicable taxes and, where applicable, delivery costs.
7. Expressly and unreservedly accept the General Terms and Conditions of Sale in force.
8. Select the delivery method and payment method offered.
9. Enter and validate the online payment information.
10. Payment for the order constitutes final confirmation of the order.
    The order is considered firm and final upon confirmation of payment, subject to the exercise of the right of withdrawal provided for by law.

An order confirmation is sent to the Customer by email, provided that the email address provided on the form is correct.

It is specified that the order summary and the confirmation email may be saved and printed by the Customer.

When the User validates their payment, the order is registered.

Thus, the sale is only considered final after the Seller has sent the order confirmation to the Customer by email and after the Seller has received full payment.

The Customer agrees that the order confirmation shall be considered as proof of the contractual relationship between the Parties.

Training Course Orders – The training courses displayed on the Website include a description, dates and, where applicable, an indicative price.

The registration procedure can be completed by:

• online form,
• sending an email to the address specified on the training course page,
• or any other electronic means made available on the Website.

Registration for a Training Course does not constitute a firm order until the Seller has confirmed this registration in writing or by return email, specifying the final conditions (dates, location, price, payment terms).

Unless otherwise specified, payment for the training course shall be made in accordance with the terms specified in the order confirmation.

Request for Services – For any Service, the Customer must complete the form provided for this purpose or contact the Seller by the means indicated on the Website, providing a full description of their requirements.

The mere submission of a request does not constitute a firm and definitive order.

A firm order for Services may only be placed after:

• the Seller has analysed the requirements,
• a quotation or purchase order has been sent to the Customer,
• the Customer’s express acceptance of this quotation.

Additional costs not included – For Training orders, transport, accommodation and meal costs, as well as any personal expenses, are not included in the training price, unless otherwise specified in the order confirmation.
For the ordering of Services, unless otherwise agreed in writing, travel expenses incurred by the Seller shall be borne by the Customer and may be invoiced as an additional charge, with mention thereof in the accepted quotation.

Information prior to confirmation and right of withdrawal: The Customer is informed of all essential information (price, description, costs not included, payment terms) prior to confirming the order, in accordance with the applicable provisions of the Consumer Code (clear and prior information). The right of withdrawal applies to orders for Products, subject to the exceptions provided for by law (e.g. custom-made products), and to the legal withdrawal period in the case of consumer customers.

Commercial offers/discounts: To benefit from a commercial offer sent to them, the User must enter and validate their discount code in the “Use a discount code” field on the page displaying their order summary.

Invoicing: During the ordering process, the Customer must enter the information required for invoicing (the asterisk (*) indicates the mandatory fields that must be completed in order for the Customer’s order to be processed by the Seller).

In particular, the Customer must clearly indicate all information relating to delivery, in particular the exact delivery address, as well as any access code for the delivery address.

The Customer must also specify the chosen method of payment.

Neither the order form that the Customer completes online nor the order confirmation that the Seller sends to the Customer by email constitutes an invoice. Regardless of the method of ordering or payment used, the Customer will receive the original invoice upon delivery of the Products, inside the package.

Order date: The order date is the date on which the Seller acknowledges receipt of the order online. The delivery times indicated on the Website only begin to run from this date.

Product availability: The Seller undertakes to deliver the Product on the date or within the time frame indicated to the Customer, unless otherwise agreed by the Parties.

The unavailability of a Product is indicated on the page of the Product concerned.

In any event, if the unavailability was not indicated at the time of the order, the Seller undertakes to inform the Customer as soon as it becomes aware of the unavailability of a Product.

In the event that a Product is unavailable, the Seller may, if the Parties agree, offer an alternative Product of equivalent quality and price, accepted by the Customer.

If the Customer decides to cancel their order for unavailable Products, they will be refunded all sums paid for the unavailable Products no later than fourteen (14) days after the date on which the contract was terminated.

The Seller shall not be held liable for any damage of any kind resulting from the inability to place an order or the unavailability of a Product.

9- TERMS OF PAYMENT

All orders must be paid in full before shipment. No order will be processed without full payment.

The payment options available when placing an order are credit card (Visa, Mastercard, CB, JCB, etc.) and PayPal, and these will appear automatically at the payment stage.

Certain credit cards or specific payment methods may not be accepted depending on the country of billing or the issuing bank. These restrictions will be clearly indicated during the ordering process.

The Seller reserves the right to remove or add payment methods without prior notice. In addition, payment applications operate according to their own Terms and Conditions of Use.

The Customer guarantees to the Seller that they have all the necessary authorisations to use the chosen payment method.

Transactions can only be made in euros for countries outside the European Union.

The Seller reserves the right to cancel an order for just cause, in particular for an order that, which is flagged by our fraud detection system as presenting a risk of fraudulent use of a bank card.

The Seller shall take all necessary measures to ensure the security and confidentiality of data transmitted online in connection with online payments on the Website.

In this regard, it is specified that all payment information provided on the Website is transmitted to the Website’s bank and is not processed on the Website.

Securing credit card payments: when selecting a credit card to make a payment, the Customer is automatically redirected to the secure payment platform’s electronic payment server.

This platform is secured by SSL (Secure Socket Layer) encryption in order to protect all data related to payment methods.

This means that this banking information is only known to the payment provider chosen by the Seller. It is not transmitted or stored on the Seller’s computer systems, nor is it handled or manipulable by its staff.

Payment refusal: If the bank refuses to debit a card or other means of payment, the Customer must contact the Seller’s customer service department in order to pay for the order by any other valid means of payment accepted by the Seller.

In the event that, for any reason whatsoever, including payment block or refusal by the bank or any other reason, the transfer of the money owed by the Customer cannot be completed, the order will be cancelled and the sale automatically terminated.

ARTICLE 10 – ORDER TRACKING AND MODIFICATION

This article applies to all orders placed on the Elevated Safety website for:

• products (hereinafter the “Products”);
• training courses (hereinafter referred to as “Training Courses”);
• services (hereinafter referred to as “Services”),

subject to the specific provisions set out in the articles relating to:

• the right of withdrawal;
• Training;
• to the Services,

which shall prevail in the event of any contradiction.

Upon receipt of the order summary, Customers who have created an account will be able to track their order by clicking on “my account” and logging in with their email address and password.

It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.

Order modifications: Any request to modify an order, particularly with regard to:

• the nature or content of the order (Products, Training Courses, Services, quantities);
• associated contact details (delivery address, billing address);
• the application of a benefit or discount,

must be made before payment for the order.

Once payment has been validated, the order is considered firm and final and can no longer be modified, including by customer service.

Suspension of the order: The Seller reserves the right to suspend the processing of an order and any delivery in the event of refusal of payment authorisation by officially accredited bodies or in the event of non-payment.

The Seller also reserves the right to refuse to make a delivery or to honour an order from a Customer who has not paid for their order in full or with whom a payment dispute is ongoing.

Cancellation of the order: Any total or partial cancellation of the order by the Customer must be agreed in writing by the Seller and the Customer, after contacting customer service.

Except in the case of cancellation of unavailable Products, shipping costs will not be refunded.

This provision applies without prejudice to the mandatory legal provisions relating to the right of withdrawal provided for in the Consumer Code and reiterated in these General Terms and Conditions of Sale.

Products – Except in the case of exercising the right of withdrawal or in the event of a Product being unavailable, any cancellation accepted by the Seller shall not entail reimbursement of shipping costs already incurred.

Training courses – The conditions for cancellation, postponement or refund of Training courses, in particular when they are:

• provided on a specific date;
• performed immediately after the order is placed;
• accessible in the form of digital content,

are specified in the specific articles relating to Training Courses.

The Customer is informed that access to a Training Course or the start of its execution may result in the loss of their right of withdrawal, in accordance with the provisions of the Consumer Code.

Provision of services: The conditions for cancellation, postponement or interruption of Services are specified in the specific articles relating to Services.

The Customer expressly acknowledges that, when the performance of a Service begins before the expiry of the withdrawal period, with their express agreement, they may lose their right of withdrawal under the conditions provided for by the Consumer Code.

Archiving of orders: Details of orders for non-professional use, for an amount equal to or greater than £120, are archived in accordance with Article L. 213-1 of the Consumer Code, for a period of ten (10) years on a secure server.

ARTICLE 11 – SHIPPING AND DELIVERY

Delivery times: The delivery times indicated in the order are given for information purposes only. Exceeding this time limit shall not give rise to any withholding or compensation. Unless otherwise agreed between the Parties for partial delivery, delivery shall be deemed to have been made once the Product has been made available to the Customer.

From the moment of availability, the risks of loss or damage to the Product are transferred to the Customer.

The Training shall be deemed to have been completed on the date of completion of the Training as specified in the contract or training agreement signed by the Customer.

The Service shall be deemed to have been performed upon completion of the Service ordered, as provided for in the quotation or purchase order accepted by the Customer.

The delivery time indicated in the Order shall be automatically suspended by any event beyond the Seller’s control resulting in a delay in delivery. In any event, delivery within the deadline can only take place if the Customer is up to date with all its obligations towards the Seller. In addition, and without prejudice to the application of the penalties provided for in Article 4 hereof, the Seller may suspend its obligations concerning the order affected by the delay as well as all orders in progress until full payment of the sums due by the Customer. Any delay in delivery shall not result in a delay in the payment deadlines specified in the Order, nor shall it call into question the enforceability or the amount of the sums owed by the Customer to the Seller.

Delivery address: The Products ordered will be sent to the address provided by the Customer during the ordering process. The delivery address cannot be changed after the Customer has confirmed the order. It is therefore the Customer’s responsibility to check all information before confirming payment. The transfer of risk occurs when the Products are delivered to the delivery address provided by the Customer or, where applicable, when the parcel is collected from the carrier.

In the event of absence, a delivery notice will be left for the Customer and an email will be sent to them so that they can collect their parcel from a collection point.

Packaging: Unless otherwise agreed by the Parties, items will be packaged and packed in accordance with the Seller’s usual methods.

Costs and risks: Unless otherwise agreed by the Parties, the costs and risks associated with the delivery of the Products shall be borne exclusively by the Seller. The risks are transferred to the Customer upon delivery as defined in this article, even in the case of carriage paid sales and notwithstanding the retention of title clause provided for in these GTC. From the date of delivery of the Product, the Customer is required to take out all necessary insurance policies.

ARTICLE 12 – TERMS AND CONDITIONS OF RECEIPT

• Receipt of Products:

The Customer must (i) take possession of the Products at the place, date and time agreed in the Order (ii) check that they comply with the order.

Compliance check: The Customer shall check the condition, quantity and quality of the Products and their compliance with the Order. In the event of non-compliance of the Products in terms of type or quality with the specifications mentioned in the Order, the Customer must inform the Seller by email (info@elevatedsafety.com) within forty-eight (48) hours of receipt of the Products. After agreement by the Seller, the Customer shall return the Products in accordance with the terms of Article 9 hereof. It is the Customer’s responsibility to demonstrate that items are missing ,or that any such defects exist. Beyond the period of forty-eight (48) hours and/or without any reservation made by the Customer, the Products shall be deemed to have been accepted without reservation by the latter.

Reservations: When the package is clearly damaged on delivery, it is the Customer’s responsibility to make any reservations and complaints they deem necessary or to refuse the package. Such reservations and complaints must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, excluding public holidays, following the date of delivery of the Products. The Customer must also send a copy of this letter to the Seller. Failure to make a complaint within the aforementioned period shall extinguish any action against the carrier in accordance with Article L. 133-3 of the Commercial Code.

In-store collection: Products ordered on the Website by the Customer may be collected in store.

Collection is free of charge and does not incur any shipping or postage costs.

The Customer will be notified by email to the email address provided when placing the order as soon as the Product is available.

The Product will then be available in store for a period of fourteen (14) days following the sending of the confirmation of availability of the Product by email.

The Customer may collect their order in store upon presentation of proof of identity and by providing the order number.

• Receipt of Training Courses:

The Training Course is deemed to have been completed and accepted without reservation from its end date as specified in the contract or training agreement. The Customer’s participation in the Training Course, as well as the signing of the attendance sheets or any equivalent document, constitutes receipt and acceptance of the Training Course without reservation.

• Acceptance of Services:

The Service shall be deemed to have been accepted without reservation upon completion as defined in the quotation or purchase order, unless the Customer submits a written and reasoned objection to the Seller within forty-eight (48) hours of that date. In the absence of any objection within this period, the Service shall be deemed to be compliant and accepted without reservation by the Customer.

ARTICLE 13 – RIGHT OF WITHDRAWAL FOR CONSUMER CUSTOMERS

Withdrawal period: In the case of a distance purchase or a purchase made outside the Seller’s premises, and for an order for a Service, the Customer has a right of withdrawal which they may exercise within fourteen (14) calendar days (a “cooling off period”):

• for Products, from the date of receipt of the Products by the Customer or a third party designated by them;
• for Services, from the conclusion of the contract;
• for Training, from the date of signature of the contract or training agreement, except where specific provisions of the Labour Code applicable to professional training apply.

When the withdrawal period expires on a Saturday, Sunday or public holiday or non-working day, it is extended to the next working day.

Procedure: Customers who wish to exercise their right of withdrawal must return the Products without delay, within the aforementioned period, in their original packaging, complete, new and unused. To exercise their right of withdrawal, the Customer must notify the Seller’s customer service department of their decision to withdraw by means of an unambiguous written statement in order to arrange for any return or exchange within the aforementioned period, which will provide them with a return merchandise authorisation number (hereinafter “RMA”). The Customer may also use the withdrawal form in Appendix 1. The returned product must be accompanied by the “Returned Equipment” form and the delivery note. Returns must be sent to the following address: Online Sales Department, ZA Les Minimes -BP 3064, 17000 La Rochelle.

Costs and refunds: If the right of withdrawal is exercised under the above conditions for ordering a Product, the Seller shall refund all sums paid, including standard delivery costs, within fourteen (14) days of the date on which it is informed of the decision to withdraw.

The refund may be deferred until the Products have been recovered or until the Customer has provided proof of shipment of the Products, whichever occurs first.

In the event of withdrawal relating to a Service or Training whose performance has begun, at the Customer’s express request, before the expiry of the withdrawal period, the Customer shall remain liable for an amount proportional to the services actually provided until notification of their decision to withdraw, in accordance with Article L.221-25 of the Consumer Code.

Exceptions: Customers’ attention is expressly drawn to the fact that:

(i) In accordance with recital 49 and Article 2 of Directive 2011/83/EU, as transposed into Article L.221-28, 3° of the Consumer Code, they do not have any right of withdrawal for orders of Products manufactured to their specifications or clearly personalised.

Products designed or configured on the basis of the Customer’s specific choices or requests, resulting in customised manufacturing that does not allow them to be placed back on the market without substantial modifications, are considered to be clearly personalised.

(ii) In accordance with Article L 224-59 of the Consumer Code, the consumer does not have a withdrawal period for contracts concluded during or following a fair, trade show or any commercial event covered by Chapter II of Title VI of Book VII of the Commercial Code.

The Customer acknowledges having been informed, prior to the conclusion of the contract, of the absence of a right of withdrawal for these Products.

ARTICLE 14 – RETURN AND EXCHANGE OF PRODUCTS

Procedure: In addition to their right of withdrawal provided for in Article 13 hereof, the Customer also has the right to return the Products within thirty (30) days of the date of receipt indicated on the delivery note, in accordance with the following terms and conditions:

• The Customer must first contact the Seller’s customer service department (info@elevatedsafety.com ) to inform them of their wish to exchange or return the Products. The Seller must give their prior consent for any exchange or return. If the Seller accepts the exchange or return, it shall provide the Customer with a return merchandise authorisation number (hereinafter “RMA”). This RMA is valid for thirty (30) days from the date of issue. Products returned after the expiry date and/or without an RMA number may be refused or subject to additional charges.
• Returned Products must be (i) accompanied by the “return material” form and the delivery note (ii) unused and in the same condition as they were received.
• The Seller bears the return postage costs.
• Returns must be sent to the following address: ZA LES MINIMES, 11 PLACE DU PETIT HUNIER, 17000 LA ROCHELLE xxxxxx

In addition to the provisions relating to the right of withdrawal provided for in Article 8, the Customer has the option of replacing one trainee with another, at no cost, until the first day of the Training session, provided that the Seller is informed in advance and that the replacement trainee meets any prerequisites for the Training.

Costs: Except in the event of a delivery error on the part of the Seller, proven non-conformity of the Product, written agreement from the Seller, or exercise of the right of withdrawal by the Customer in accordance with Article 8 hereof, any return will be invoiced by the Seller at 15% of the price of the Order with a minimum flat rate of £15.

Delivery problems for a consumer Customer: In the event of a breach by the professional of its delivery obligation, the Customer may invoke Article L. 216-6 of the Consumer Code, which provides for the possibility of:

• Notify the suspension of payment of all or part of the price until the professional complies, under the conditions of Articles 1219 and 1220 of the Civil Code;
• Terminate the contract if, after giving the professional formal notice to deliver within a reasonable additional period, the latter has not performed within that period.

The order shall be deemed to have been terminated upon receipt by the Seller of the letter or written notice informing it of such termination, unless the Seller has performed in the meantime.

The Customer may immediately terminate the order:

• When the professional refuses to deliver the Product or when it is clear that they will not deliver the goods;
• When the professional fails to fulfil their obligation to deliver the Product on the date or at the end of the period specified in Article L. 216-1 of the Consumer Code and this date or period constitutes an essential condition of the contract for the Customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the Customer prior to the conclusion of the contract.

When the contract is terminated under the above conditions, the Seller shall reimburse the Customer for all sums paid, no later than fourteen (14) days after the date on which the contract was terminated.

Returns on the grounds of “unclaimed”: Returns of parcels that have not been claimed by the Customer at the end of the storage period provided for the chosen delivery method will be refunded for the total amount of the order, minus shipping and return costs, via the original payment method used for the order within forty-eight (48) hours of the Seller receiving the parcel in good condition. The Customer may then place their order again, choosing the delivery methods and conditions of their choice.

Returns for “undeliverable” reasons: Returns of parcels that could not be delivered due to an incomplete or incorrect address, a letterbox or a recipient that did not allow delivery (inaccessible, unidentifiable, unavailable, etc.) will be refunded for the total amount of the order, less shipping and return costs, via the original payment method used for the order within forty-eight (48) hours of the Seller receiving the parcel in good condition. The Customer may then place their order again, ensuring that the delivery address provided is correct.

Returns due to refusal of customs clearance: Returns of parcels that could not be delivered due to refusal of customs clearance:

• on the part of the Customer, will be subject to a refund of the price of the Products, with any other additional costs (including shipping) remaining the responsibility of the Customer.
• on the part of the destination country (refusal of import) will be refunded for the amount of the price of the Products as well as shipping and return costs.

This refund will be made via the initial payment method used for the order within forty-eight (48) hours of the Seller receiving the returned parcel in good condition. In the event of the goods being abandoned at customs, leading to their destruction at destination as a result of a refusal to clear customs, no refund of all or part of the order may be requested.

Complaints: The Seller provides the Customer with a “customer service telephone line” at the number indicated on the Website in the “Returns and Repairs” tab (no surcharge).

Any written complaints from the Customer must be sent by post to the following address: Elevated Safety   ZA les Minimes, 11 Place du Petit Hunier, 17000 LA ROCHELLE

ARTICLE 15 – WARRANTIES

Legal warranty applicable to Products: The Seller owes the Customer the legal warranties as defined by Articles 1641 et seq. of the Civil Code and, where applicable, Articles L. 271-1 et seq. of the Consumer Code. In accordance with Article 1648 of the Civil Code, any action resulting from latent defects must be brought by the Customer within two years of discovery of the defect. In this context, the Customer shall have the choice “to return the item and obtain a refund, or to keep the item and obtain a partial refund” (Article 1644 of the Civil Code).

In accordance with Article L 217-7 of the Consumer Code, in the event that the latter applies, the Customer may invoke the guarantee of conformity within two (2) years of delivery of the Product.

The consumer has a period of two years from the date of  delivery of the goods to enforce the statutory guarantee of conformity in the event of a lack 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 appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply 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 occurred.

The legal guarantee of conformity requires the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, at no cost and without significant inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller insists on replacement, the legal guarantee 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 in exchange for returning the goods if:

1o The trader refuses to repair or replace the goods;

2o The repair or replacement of the goods takes place after a period of thirty days;

3o The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer definitively bears the costs of returning or removing the non-compliant goods, or where he bears the costs of installing the repaired or replacement goods;

4o The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to termination of the contract when the lack of conformity is so serious that it justifies immediate reduction of the price or termination of the contract. In this case, the consumer is not required to request repair or replacement of the goods beforehand.

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

Any period during which the goods are unavailable due to repair or replacement will suspend the remaining warranty period, which will resume upon delivery of the repaired or replaced goods.

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

A seller who acts in bad faith to prevent the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

Commercial Product Warranty: In addition to the legal warranty, each Product is warranted according to the terms and conditions of the warranty provided by the manufacturer or supplier of the Product to the Seller. Consequently, the Seller does not grant any warranty other than the legal warranty and, where applicable, the commercial warranty granted by the manufacturer or supplier of the Product. The Seller undertakes to provide the Customer, upon request, with the warranty terms and conditions offered by the manufacturer or third-party supplier.

Any complaint relating to a Product must be made in accordance with the conditions and deadlines specified by the manufacturer and/or supplier concerned. The Seller shall not be held liable for Products sold beyond the obligations expressly provided for in the warranty of the manufacturer or supplier concerned and legal obligations.

Warranties applicable to Services and Training: The Seller undertakes to perform the Services and provide the Training with all due care and professionalism, in accordance with best practice and the applicable contractual provisions.

Services and Training are subject to an obligation of means. The Seller does not guarantee any particular results, particularly in terms of skills acquisition, certification, professional, economic or regulatory performance.

The content of the Training Courses is provided for educational purposes and cannot replace a personalised advisory service or a specific analysis of the Customer’s situation.

Guarantee relating to training courses:

The Service Provider guarantees:

• the content of the training courses complies with the programme described in the applicable contractual documentation,
• the competence and qualifications of the trainers involved in the Training Courses,
• the provision of teaching resources appropriate to the objectives of the Training Courses.

At the end of the Training Course, the Service Provider may issue the Participant with a training certificate attesting to their participation and, where applicable, the duration of the course. This certificate does not constitute a diploma, professional title or certification recognised by the State or by an administrative authority, and does not guarantee the attainment of a professional qualification, authorisation to practise or official recognition. The issuance of the certificate is conditional upon the Participant’s actual participation in the Training and, where applicable, compliance with the assessment procedures set out in the contractual documentation.

Guarantee relating to the provision of services: The Service Provider guarantees that the services will be provided with diligence, professionalism and in accordance with the standards applicable on the day of their performance.

The Service Provider shall not be held liable in the event of:

• misuse of recommendations or deliverables,
• failure to comply with the instructions provided,
• intervention by a third party without prior authorisation,
• inaccurate, incomplete or late information provided by the Customer.

Procedure. In the event of a defect covered by the legal warranty, the Customer must contact the Seller to submit a claim. To benefit from the services covered by the Product warranty, the Customer must submit a detailed written request to the Seller before the warranty expires, in accordance with the terms of this warranty. The Customer must ensure that they provide their name, address and telephone number, along with the original proof of purchase, photos and a description of how the Product was being used, as well as an explanation of the defect and the conditions under which the Product was used. The costs of transporting the Product to and from the Seller’s premises or those of any authorised repairer shall be borne by the Customer under the warranty, unless otherwise required by law. If examination of the Product reveals that the alleged defect is not covered by the legal warranty, a repair estimate outside the warranty will be provided to the Customer. The repair will only be carried out after the Customer has expressly accepted the estimate.

Damages and other costs.   Unless otherwise required by law, and to the extent permitted by law, the Seller shall not be liable for any indirect or consequential damages, such as, but not limited to, operating losses, loss of revenue, loss of data, loss of opportunity, or any other indirect damage.

The warranties provided herein are without prejudice to the Customer’s rights under applicable statutory warranties.

Limitation of liability. This warranty constitutes the Customer’s sole and exclusive remedy with respect to the Product. Any implied warranty of merchantability or fitness for a particular purpose and any implied warranty arising from a transaction or trade practice, by law or other means, is excluded and/or strictly limited to the warranty terms set forth above. The Customer shall only be entitled to repair or replacement of defective components, as mentioned above. No reseller or agent of the Seller is authorised to modify, extend or expand this warranty. This warranty may only be modified, extended or expanded by the Seller, in writing.

ARTICLE 16 – LIABILITY

Seller’s liability: The Seller shall perform its obligations in accordance with French and European law. It shall not be held liable for any intangible damage (economic damage, loss of use or income, moral damage, etc.), whether direct or indirect, caused by its actions or by the Products, nor for any damage of any kind resulting from the inability to place an order or the unavailability of a Product. The Seller also declines all responsibility for any incident or damage caused by the Products it sells after modification by the Customer or by third parties.

Placing an order on the Website implies knowledge and acceptance of the procedures in effect on the Internet network, in particular with regard to technical performance, response times, connection times, queries or transfers of information, risks of interruption, risks of contamination by viruses circulating on the network and, in general, all risks associated with the use of the Internet. In this regard, the Customer acknowledges that it is their responsibility to install appropriate anti-virus and security software on their computer equipment and any other device in order to protect them against any bugs, viruses or other programming routines of this kind that may prove harmful.

The Seller shall therefore in no event be held liable for any direct or indirect damage resulting from misuse or incidents related to the use of the computer, Internet access, maintenance or malfunction of servers, telephone lines or any other technical connection, as the Customer’s connection to the Website is entirely at their own risk.

It is also specified that the Seller does not control websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published on them. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.

The Seller/Service Provider shall not be held liable in the event of the inability to place an order, or the suspension or temporary unavailability of a Product, Service or Training Course.

Liability relating to Products: The Seller designs and markets Products that comply with current French and European regulations. The Customer remains solely responsible for ensuring that the Products are suitable for their needs and that they are used in accordance with the applicable rules.

Liability relating to Training Courses: The Seller acts exclusively as a training organisation and does not act as an employer or as the person responsible for the safety of Participants at their place of work or when putting the training provided into practice.

The Customer and Participants are expressly informed that the Training does not exempt them from complying with applicable safety rules, legal and regulatory obligations, or internal instructions specific to their professional environment.

The Seller shall only be held liable in the event of proven fault directly attributable to the Service Provider, and within the limits authorised by law.

It shall not be held liable for any damage, including bodily injury, resulting in particular from:

• the Participant’s failure to comply with the educational or safety instructions communicated during the Training;
• the use of the knowledge or techniques taught outside the scope of the Training;
• the environment, facilities or equipment provided by the Client or a third party;
• a breach attributable to the Client, the Participant or a third party.

In any event, the Seller shall only be held liable in the event of proven fault directly attributable to the Seller, within the limits authorised by law.

Liability relating to the Provision of Services: The Services are performed exclusively on the basis of the information, technical specifications, constraints and specifications established and validated by the Customer. The Customer acknowledges that it is solely responsible for defining its needs, the content of the specifications and the technical choices it validates.

Consequently, the Seller shall not be held liable for any consequences, damage or harm resulting from specifications, technical requirements or choices imposed or approved by the Customer, except in the event of proven fault on the part of the Service Provider in the performance of the Service.

Customer liability: Failure by the Customer to comply with the obligations set out in the GTC (in particular in the event of a payment incident) may result in the suspension of any orders in progress, without prejudice to any damages that the Seller may claim. It is the Customer’s responsibility to make, at its own expense, any declarations or formalities required by laws and regulations for the use of the Products. In the event of damage, particularly damage that may give rise to a claim under the warranty, the Customer must take all appropriate measures to limit such damage. The Customer remains solely responsible for the Orders placed and their suitability for their needs. In the case of Customised Products, the Customer remains solely responsible for any damage that may be the direct or indirect consequence of their specifications.

Responsibility for Customised Products: Customised Products are manufactured exclusively on the basis of the information, specifications, files, measurements, plans, validations (etc.) provided by the Customer. Consequently, the Seller cannot be held liable for any defect (including any non-conformity, error, defect or inadequacy of the Product, etc.) resulting in particular, and even partially, from:

• incomplete, inaccurate, ambiguous or erroneous information provided by the Customer;
• a delay by the Customer in transmitting the elements necessary for the manufacture of the Product;
• a subsequent change in the Customer’s requirements, expectations or choices after the start of manufacture;
• the Customer’s failure to comply with the intermediate validations (mock-ups, proofs, prototypes, plans, etc.) requested by the Seller.

The Customer acknowledges that if the instructions provided by the Customer do not enable the Seller to ensure that the Product is fit for its intended use, any custom manufacturing is carried out at the Customer’s risk and under its sole responsibility.

Limitation of the Seller’s liability: If the Seller is held liable, its liability shall, in any event, be limited to a total of one hundred thousand (100,000) euros for all damages combined.

ARTICLE 17 – FORCE MAJEURE

Neither Party shall be held liable for any delay in the performance of its obligations or for their non-performance, where the delay or non-performance is attributable to a case of force majeure, as defined by Article 1218 of the Civil Code. It is further understood between the Parties that the following events are considered force majeure: restrictive administrative measures, embargoes, sanctions, interventions or requirements of any kind by public authorities, circumstances due to a state of war, riots, civil unrest, fires, explosions, natural disasters, bad weather, shortages of raw materials, delays in the supply of raw materials or any other cause resulting in a slowdown and/or stoppage of production at the Seller’s premises or those of its suppliers and/or subcontractors, cessation of activity by one of the Seller’s main subcontractors, unforeseeable unavailability of a trainer, including a subcontractor, beyond the Service Provider’s control.

In the event that the force majeure event, which causes a delay and/or non-performance of the sale, continues for a period exceeding six (6) months, the sale may, without recourse to legal proceedings, be terminated by the most diligent Party by registered letter with acknowledgement of receipt notifying the other Party of said termination.

ARTICLE 18 – TERMINATION OF THE CONTRACT

In the event of non-performance of its obligations by one of the Parties, the aggrieved party may, five (5) working days after formal notice by registered letter with acknowledgement of receipt has remained wholly or partially without effect, terminate the sale automatically without notice and without further formality and without prejudice to any damages (within the limits of these GTC) to which the latter may be entitled as a result of the aforementioned breach.

In the event of termination of the sale due to non-performance of the Customer’s obligations, all sums paid by the Customer shall be retained by the Seller and all sums owed by the Customer’s web , as specified in the Order, shall remain due to the Seller as a penalty clause.

In the event of force majeure, the sale may be terminated under the conditions set out in Article 17 of the GTC.

The termination of the sale shall not affect the provisions relating to the settlement of disputes as provided for in Article 24 of the GTC.

ARTICLE 19 – INTELLECTUAL PROPERTY

The Seller is the owner and/or holder of a large portfolio of protected and, where applicable, registered elements (trademarks, domain names, etc.). All of these elements, as they appear, in particular, in the Seller’s communications, may not therefore be used without authorisation. In accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different or even more restrictive provisions of the Intellectual Property Code. Any infringement of these elements, whether or not they are protected by intellectual and/or industrial property rights, will be immediately prosecuted (in particular under criminal law) and punished.

Unless otherwise agreed in writing between the Parties, it is agreed that the performance of the Contract does not entail any transfer of intellectual property rights over the Products, whether or not they were created in the context of the performance of the Contract, and that such rights are and remain in any event the sole property of the Seller (or, where applicable, the third party who is the author). The Seller shall therefore remain the owner of all plans, studies, manufacturing documents, tools and other intellectual property rights necessary for the manufacture, use and maintenance of the Products.

ARTICLE 20 – PERSONAL DATA

In the context of the conclusion and performance of contracts concluded via the Website, the Seller is required to collect and process personal data concerning the Customer.

The provision of personal information requested when placing an order is mandatory, as this data is necessary in particular for:

• processing, managing and delivering orders;
• invoicing and accounting management;
• the management, execution and monitoring of contracts and Customer Accounts;
• processing information requests and customer service;
• the proper functioning, security and continuous improvement of the Website;
• management of requests to exercise rights under personal data protection regulations;
• sending commercial communications and newsletters, only if the Customer has expressly consented to this, it being specified that they may withdraw their consent at any time.

Data controller – The data collected is processed electronically under the responsibility of the Seller, in its capacity as data controller, within the meaning of the applicable regulations on personal data protection.

The data is intended exclusively for the Seller and, where applicable, its technical service providers or subcontractors involved in the performance of the services, strictly within the limits of their tasks, and subject to a confidentiality obligation.

Unless required by law or regulation, the Customer’s personal data shall under no circumstances be transferred or sold to third parties.

Retention period – Personal data is retained for the period strictly necessary to achieve the purposes for which it was collected, in accordance with the retention periods imposed by the regulations in force, particularly in terms of accounting, tax and contractual matters.

Rights of data subjects – In accordance with Regulation (EU) 2016/679 (GDPR) and the amended French Data Protection Act of 6 January 1978, the Customer has the following rights regarding their personal data:

• the right of access;
• the right to rectification;
• the right to erasure;
• the right to object, in particular for direct marketing purposes;
• the right to restriction of processing;
• the right to data portability.

The Customer may exercise their rights:

• electronically: via the contact form available on the Website;
• by post: to the address indicated on the Website.

A response will be provided within the legal time limits in force.

In the event of an unresolved issue, the Customer has the right to lodge a complaint with the competent supervisory authority.

Telemarketing – BLOCTEL: In accordance with the legal provisions in force, any consumer may register free of charge on the BLOCTEL telemarketing opposition list, which is available at the following address: https://www.bloctel.gouv.fr/

However, in accordance with the applicable regulations, the Seller reserves the right to contact a consumer registered on this list by telephone when the solicitation is made in the context of the performance of a current contract and is directly related to the subject matter of said contract, including to offer related or complementary products or services or those likely to improve the quality or performance thereof.

Privacy Policy: The Customer is invited to consult the Seller’s Privacy Policy, which can be found at the bottom of each page of the Website via a link. This privacy policy will provide further information on the protection of personal data, the processing carried out by the Seller via the Website and the procedures for exercising rights.

In the context of the execution of the GTC, the Seller may process personal data. This data is processed in accordance with the regulations in force. The collection of this data is necessary to enable the Seller to fulfil its contractual obligations and manage its commercial relations with the Customer. The data is only kept for the time necessary to fulfil these purposes. Unless otherwise specified, it is not transferred to persons other than those who need to know it for the execution of the GTC. The persons concerned have the following rights over this personal data: a right of access and rectification; the right to object to the use of this information for direct marketing purposes; the right of erasure; the right to data portability. These rights may be exercised by sending a letter to the Seller.

ARTICLE 21 – ETHICS AND ANTI-CORRUPTION

The Parties undertake, both for themselves and for persons under their responsibility or acting in their name and on their behalf, to comply with all applicable regulations relating to the fight against corruption and money laundering.

In the event that either Party is subject to sanctions under national, European and/or international regulations, the other Party shall not be held liable if the former is no longer able to fulfil its obligations as provided for in the Contract.

The Customer expressly declares that it is not subject to any national, European or international sanctions.

ARTICLE 22 – LANGUAGE

In the event that these GTC are written in several languages, in the event of difficulties of interpretation, only the French version shall prevail.

ARTICLE 23 – PARTIAL INVALIDITY

If any provision of the GTC is cancelled or deprived, in whole or in part, of its effect by a decision or event beyond the control of the parties, such cancellation or deprivation of effect shall not invalidate the other provisions of the GTC.

Failure to exercise, at any time, a prerogative recognised by these General Terms and Conditions of Sale, or to require the application of any provision of the agreement resulting from these Terms and Conditions, shall in no case be interpreted as a modification of the contract, nor as an express or tacit waiver of the right to exercise said prerogative in the future, or to the right to demand scrupulous performance of the commitments made herein.

ARTICLE 24 – APPLICABLE LAW – COMPETENT JURISDICTION

Applicable law and jurisdiction: The GTC are governed entirely by French law. The French courts shall have exclusive jurisdiction, in accordance with common law. The Commercial Court of La Rochelle shall have exclusive jurisdiction for disputes arising from a sale to a commercial company and/or a professional.

In accordance with Article R.631-3 of the Consumer Code: “The consumer may bring proceedings before either one of the courts with territorial jurisdiction under the Code of Civil Procedure or the court of the place where he was residing at the time of the conclusion of the contract or the occurrence of the harmful event“.

Mediation: In the event that a dispute cannot be resolved directly between the Parties, the Consumer Customer is informed that they have the right to seek the assistance of a consumer mediator free of charge in order to reach an amicable resolution to their dispute. The Customer may also attempt to resolve their dispute through the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/.