Article 1: GENERAL STIPULATIONS

These general conditions of sale (hereinafter “CGV”) constitute a distance sales contract, defining the rights and obligations of the company ZOANTHUS – EURL with capital of €1,000, whose head office is 11 bis rue Buffon 42100 SAINT-ETIENNE France, registered with the SAINT-ETIENNE RCS under number 824 583 520, VAT number FR21824583520 (hereinafter referred to as “ZOANTHUS”) – and of the customer in the context of the sale of the products referenced on the websitehttps://www.zoanthus.fr/en/.

The General Terms and Conditions are concluded between ZOANTHUS and any person wishing to make a purchase, hereinafter referred to as the “Customer”, via the websitehttps://www.zoanthus.fr/en/Hereinafter referred to as the “Site”.

Customers are exclusively consumers, defined as natural persons acting for purposes which do not fall within the framework of a commercial, industrial, artisanal, liberal or agricultural activity.

The fact that one of the parties does not take advantage of one of the General Terms and Conditions at a given time cannot be interpreted as a waiver of the right to subsequently take advantage of any of the said conditions. The cancellation of a clause of the General Conditions of Sale will not affect the validity of the General Conditions of Sale as a whole.

Sales and orders of products placed by Customers on the Site are governed by these General Terms and Conditions, to the exclusion of all other documents, catalogs, documentation emanating from ZOANTHUS (with the exception of the general conditions of use (hereinafter “CGU”) and the Legal Notices of the Site), which are communicated for information purposes only and have only indicative value.

Consequently, placing an order on the Site implies acceptance by the Customer of the General Terms and Conditions. Likewise, the Customer undertakes, during each of his visits to the Site, to respect the General Terms and Conditions.

The General Terms and Conditions may be modified at any time and without notice by ZOANTHUS, the modifications then being applicable to all orders subsequent to this modification. ZOANTHUS may occasionally modify certain provisions of the T&Cs, so the Customer is advised to re-read them before each order validation and to cease use of the Site in the event of disagreement with the T&Cs in force.

For any questions or complaints relating to the products, the order, personal data, the right of withdrawal, the place of waste recovery or the application of the product warranty, the Customer can contact ZOANTHUS at the following contact details:

By mail: 11 bis rue Buffon 42100 SAINT-ETIENNE France

By telephone: 04.82.28.31.44

By email: https://www.zoanthus.fr/en/zoanthusfr

Article 2: THE PRODUCTS

2.1 Product characteristics

All content of the Site (illustrations, texts, wording, brands, images, videos) is the property of ZOANTHUS. Any complete or partial reproduction of this site is prohibited, unless ZOANTHUS gives its express prior authorization. The ZOANTHUS company does not authorize the creation of hypertext links without express prior agreement.

The products put on sale by ZOANTHUS are presented and detailed in such a way that any Customer is able to know the essential characteristics of the products they would like to purchase, in particular by means of technical descriptions from its partners and suppliers and photographs illustrating products. As such, the products are described and presented with the greatest possible accuracy. Differences between the products and their photographs present on the Site may potentially exist (colors, shades, etc.) depending in particular on the resolution and definition of colors of the Customer's screen. Consequently, the products are presented with the usual and customary tolerances in this area.

Furthermore, ZOANTHUS makes every effort to ensure that the photographs, illustrations and texts appearing on the Site are presented as accurately as possible and with the best possible information for the Customer.

Consequently, ZOANTHUS cannot be held liable when any errors do not affect the essential characteristics of the product.

The Products comply with French legislation and community regulations in force. ZOANTHUS cannot be held liable in the event of non-compliance with the legislation of the country in which the product will be delivered (e.g. in the event of a ban on a product, etc.). It is up to the Customer to check with the local authorities of the country of delivery of the products the possibilities of importing or using the products he plans to order. ZOANTHUS cannot guarantee that the information written on the packaging of the Products is translated into all the languages of the European Union.

ZOANTHUS may modify at any time the assortment of products offered for sale on its Site, depending in particular on the constraints linked to its suppliers, without prejudice to orders placed by the Customer.

2.2 Precautions for use

Please note that the products sold on the Site should be used with caution.

Regarding the equipment, it is imperative to read the instructions provided with the product before any use.

In the event that a safety data sheet is not accessible, the Customer can request one from ZOANTHUS.

ZOANTHUS cannot be held responsible for damages of any nature, whether material, immaterial or bodily, resulting from use of products that does not comply with their instructions for use or their safety data sheet.

2.3 Availability

The products are new products. They are offered for sale within the limits of available stocks and supply possibilities from ZOANTHUS suppliers.

The availability of the products will be definitively validated upon confirmation of shipment of the order which will be sent to the Customer by email.

In the event that one of the products ordered is not available when the Customer's order is prepared, ZOANTHUS undertakes to contact the Customer by email as soon as possible from the date of their order in order to to indicate when this product can be delivered, it being specified that the Customer has the right to cancel his order.

If it is impossible to supply a product, the Customer will be offered to exchange it with another product of equivalent quality, characteristics and price or, in certain cases, a credit equal to the amount of the unavailable products ordered. . Failing this, that is to say in the event of cancellation of the order for the product concerned by the Customer, reimbursement of the unavailable product will be made at the latest within fifteen (15) days following receipt of the sums paid. by the customer. Reimbursement is made by crediting your bank account or by bank transfer. Cancellation of the product order and its refund will not affect the rest of the order, which will remain firm and final.

2.4 Spare parts

In application of article L. 111-4 of the Consumer Code, ZOANTHUS delivers to the Customer, on any suitable medium before the conclusion of the sale, information relating to the period during which or the date until which the parts spare parts essential for the use of the product are available on the market, as long as this information has actually been transmitted to it by the manufacturer or importer. This information, when transmitted by the manufacturer or importer, will be confirmed in writing upon purchase of the product by the Customer.

Article 3: ORDERS

Any order constitutes acceptance of the General Terms and Conditions and legal notices of the Site.

3.1 Placing the order

Upon entering the Site, the Customer declares that he has the capacity to enter into this contract, that is to say, that he is of legal age and is not under guardianship or curatorship.

The Customer can only place orders with ZOANTHUS through his customer account opened on the Site (under the conditions referred to in the CGU) and to which he can only have access after having identified himself by entering his access codes which are strictly personal to him.

In order to place an order the Customer must:

- Select the products you wish to purchase, then add them to your basket,

- Once in their basket, a summary of the chosen products is displayed and they can click on “validate my order”.

- Connect to your customer account or create your account if you are not already connected,

- Choose a delivery address and click on “save”,

- Choose the delivery method and the options attached to the chosen mode (DPD, GLS, Chronopost or Colissimo),

- Choose your payment method,

o By credit card:

• Enter the requested information then check the boxes:
• “I have read the general conditions of sale and I adhere to them without reservation(with a link to the T&Cs)" ,

o Through his Paypal account,

o By bank transfer:

• The ZOANTHUS RIB is made available to him,
• The Customer has up to 10 days to make payment,
• Once payment has been made, the order is definitively validated.

And click on “Payment with obligation to purchase”,

- after which he will be redirected to the secure site of the bank attached to his means of payment in order to finalize the payment if he has chosen payment by bank card,

An order confirmation will then be sent to the Customer by email.

As this is a distance sales contract, it is concluded, and the order is final, from the moment the Customer confirms his order by pressing the “Payment with obligation to purchase” button after having chosen his method of payment. delivery and payment. Once the order has been validated, the Customer can print a summary of his order, which he will receive by email, accompanied by the form for the possible exercise of his right of withdrawal. This document must be kept, it constitutes proof of the Customer's order and the contract binding the parties.

In any case, ZOANTHUS reserves the right not to satisfy any request from the Client which would be exorbitant or derogatory from common law and its general conditions or when the Client is not up to date with its obligations towards ZOANTHUS.

3.2 Cancellation of the order

Please note that purchases made on the Site are reserved for non-professional individual customers for their own use (or for gift purposes within the family circle), this is the reason why ZOANTHUS only sells its products in quantities corresponding to the usual average needs of a household. In accordance with article L.121-11 of the Consumer Code, ZOANTHUS reserves the right to refuse or cancel for legitimate reasons any order including the number of products or the amount to be paid (for a single or several cumulative orders ) would not correspond to the usual average use of a household, any order which would suggest that an economic activity is carried out by the Customer in connection with the products ordered or more generally, any abnormal order within the meaning of the applicable case law in the material.

Finally, ZOANTHUS reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum that may be due. by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in connection with previous orders.

The order placed on the Site is automatically canceled if payment is not received within fifteen (15) clear days.

Article 4: PRICE and PAYMENT

4.1 Price

The sales prices of the products mentioned on the Site are indicated in euros, all taxes included, excluding transport costs.

Their amount is in any case indicated at the end of the online order, before validation. The price invoiced to the Customer is the price specified on the order confirmation including the price of the products including tax to which is added the possible price of transport.

Shipping costs are shown on the following page:

https://www.zoanthus.fr/en/content/1-our-delivery-offers

The costs are determined according to the transport methods, the amount of the order, its weight and the destination.

In the event of an order to a country other than mainland France, the Customer is the importer of the product(s) concerned. For all products shipped outside the European Union and Overseas Territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the jurisdiction of ZOANTHUS. They will be the responsibility of the Customer and are their entire responsibility, both in terms of declarations and payments to the competent authorities and/organizations in your country. It is up to the Customer to inquire about these aspects with their local authorities before placing any order.

ZOANTHUS reserves the right to modify its sales prices at any time. However, no modifications after the order has been taken can be applied. The price applicable to the products ordered is that appearing on the Site on the day of the order.

As part of its pricing policy, ZOANTHUS has set up a loyalty program granting price reductions based on purchases made by the Customer.

4.2 Payment terms

Orders are payable in euros, in full and in cash (subject to the stipulations relating to payment in “3 or 4 installments with FEES”). At no time can the sums paid be considered as deposits or deposits.

Payment is made either:

• By credit card on the website of the ZOANTHUS financial partner,
• By paypal
• Wire Transfer

For these payment methods, the order amount will be debited at the time of order confirmation.

As part of the fight against Internet fraud, information relating to the Customer's order may be transmitted to any third party authorized by law or designated by ZOANTHUS for the sole purpose of verifying the Customer's identity, the validity of the order, the payment method used and the delivery envisaged, within the limits of the Customer's rights regarding the processing of their personal data as provided for in the “Privacy policy” section.

For orders with a minimum total amount of 100 euros including tax (including shipping) paid by credit card, the Customer has the option of selecting the “Payment in 3 or 4 installments with FEES” option. This payment method allows the Customer to pay for their purchase by credit card in three or four installments. In any case, full payment is made within a maximum period of 90 days from validation of the order.

In the event of failure to pay a due date, ZOANTHUS may implement the retention of title clause stipulated in article 11 hereof.

As soon as payment is validated, the Customer receives confirmation of their order by email, accompanied by the invoice.

ZOANTHUS retains full ownership of the products sold until full payment of all amounts due in connection with the Customer's order.

4.3 “3X 4X WITH FEES”

Payment for your order in 3 or 4 installments by credit card from 100€ of purchases up to 3000€ with Oney Bank.

Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €100 to €3,000 in 3 or 4 installments with your bank card.

Terms :This offer is reserved for individuals (major individuals) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the chosen financing duration. Systematic authorization cards, notably Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express cards are not accepted.

Subscription terms:After completing your order, simply click on the “payment button in 3x 4x Oney by credit card”. You are then redirected to our partner's 3x 4x Oney web page displaying the detailed summary of your order and the personalized financing request, which you must then validate.

You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the connection details linked to your 3x 4x Oney account. You read the general conditions of payment in installments to which you wish to subscribe, which are provided to you in PDF format so that you can read them, print them and save them before accepting them. You then notify your electronic acceptance using the corresponding check box.

You acknowledge that the “double click” associated with the check box on reading the general conditions constitutes consent to contract and constitutes irrevocable and unreserved acceptance of the general conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank.

If you request to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it for the purposes of studying your request for granting, management and payment. credit recovery. Oney Bank reserves the right to accept or refuse your financing request in 3x 4x Oney. You have a withdrawal period of 14 days to renounce your credit.

Functioning :Payment in 3 or 4 installments by credit card allows you to pay for the order placed on our merchant site as follows

- a compulsory deposit, debited on the day of confirmation of the shipment of your order corresponding to a third or a quarter of the order, to which are added costs corresponding to 1.45% of the total amount of the order for a 3 times and at 2.2% for a 4 installments (within the limit of €15 maximum for a payment in 3 installments and a maximum of €30 for a 4 installments) ;

- two or three monthly payments, each corresponding to a third or a quarter of the order, taken 30 and 60 days later for the 3 installments and 30, 60 and 90 days later for the 4 installments.

• Payment in 3 installments from a purchase of €100 and up to €3,000 Example: For a purchase of €150, contribution of €52.18 then 2 monthly payments of €50. Credit for a period of 2 months at a fixed APR of 19.31%. Cost of financing: €2.18 up to a maximum of €15.
• Payment in 4 installments from a purchase of €100 and up to €3,000 Example: For a purchase of €400, contribution of €108.80 then 3 monthly payments of €100. Credit over 3 months at a fixed APR of 19.61%. Cost of financing: €8.80 up to a maximum of €30.

Oney Bank - SA with capital of €51,286,585 - Head office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias n°: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr “

Article 5: DELIVERY – RECEIPT – USE OF PRODUCTS

5.1 Delivery terms

Deliveries take place in mainland France, in the DROM COM and in certain countries of the European Union. Outside this geographical area, deliveries may take place on an exceptional basis, subject to express acceptance by ZOANTHUS.

For the delivery of his order, the Customer must choose a delivery method among those offered by ZOANTHUS. As such, the delivery methods offered are as follows:

(i)Delivery to the delivery address provided by the Customer when ordering on the Site;

(ii)Delivery to the relay point selected by the Customer when ordering on the Site from among those offered;

(iii)Delivery of the order in our Saint-Etienne depot.

For more information regarding the financial and practical delivery terms and in particular those of our delivery partners (parcel tracking, etc.), the Customer is invited to consult the following page: https://www.zoanthus.fr/en/ content/1-delivery

(i) Delivery to the address provided by the Customer

If the Customer selects this delivery method, the products will then be delivered to the address they specified on the Site when ordering.

ZOANTHUS cannot in any case be held responsible in the event of delay and/or non-delivery due to a false or incorrect address or to which delivery proves impossible.

Delivery is deemed to have been made by ZOANTHUS upon delivery of the products ordered by the carrier to the Customer. Then, the risks of the products are immediately transferred to the Customer.

Transport will be carried out by an independent company. The Customer undertakes to sign the delivery note for the products. In the event of the Customer's absence during delivery, the latter has 15 working days to collect the package from the carrier or depository chosen by the Customer, from the date of submission of the delivery notice. In any case, the Customer is informed as soon as possible of the availability of the products.

Any package returned to ZOANTHUS because of an incorrect or incomplete delivery address, or because the Customer has not collected it from the carrier or depositary within the time limit indicated in the previous paragraph, will be reshipped at the Customer's expense.

(ii) Delivery to relay point

The products ordered by the Customer will be delivered to the relay point selected by the Customer, it is up to the latter to collect the products.

The Customer is informed of the delivery of the products by email.

The Customer is then informed of the time period during which he can collect his order.

As part of this withdrawal, the Customer must have an identity document.

Due to the withdrawal of the order by the Customer, evidenced by signing the receipt (or any other equivalent document), the risks of the products are immediately transferred to the Customer.

If the Customer does not collect the products made available to him at the relay point within the time indicated to him, and after unsuccessful follow-up, the package will be returned to ZOANTHUS. In this context, the Customer will be informed by any person and any means of the terms, particularly financial, for obtaining a new delivery. The costs resulting from the new delivery will in any case be borne by the Customer.

(iii) Making the order available in store

The Customer has the option of choosing delivery by making their order available in our ZOANTHUS warehouse in Saint-Etienne.

If the Customer chooses this delivery method, he must then collect his order himself from the selected store, using his own means.

ZOANTHUS will send an email to the Customer to inform them that their order is available and that they can come and collect it from the store.

Collection of the order can only take place during opening hours and days of the store concerned. It is also specified that no withdrawals will be possible on Saturdays, Sundays, public holidays and in any case during closing periods.

Due to the withdrawal of the order by the Customer, materialized by the scan of the package in store, the risks of the products are immediately transferred to the Customer.

The Customer will have a period of 14 clear days from the email informing them of the availability of their order to collect it in store. If the Customer does not collect their order within this period, the order will then be canceled. The amounts in question will then be refunded to the Customer and the products concerned will immediately be put back into stock.

5.2 Delivery times

Deliveries are made according to the deadlines shown on the Site depending on the delivery method chosen, from the sending of the email confirming the delivery of said order. These delivery times are indicated as precisely as possible and depend in particular on the availability of the products ordered and the carrier. Delivery times are in working days (excluding Saturday, Sunday and public holidays).

In the event of a foreseeable delivery delay, ZOANTHUS will inform the Customer as soon as possible by email and provide an estimate of the additional delivery time.

As such, the Customer is informed of the average delivery times to the following address:https://www.zoanthus.fr/en/content/1-our-delivery-offers

In any event, ZOANTHUS undertakes to deliver to the Consumer Customer within a maximum period of 30 days from the conclusion of the contract.

If this deadline is exceeded and except in cases of force majeure, the Customer may terminate the contract, by registered letter with acknowledgment of receipt or by writing on any other durable medium, if, after having ordered ZOANTHUS to make the delivery, the latter was not carried out within the deadline.

The contract is considered terminated upon receipt by ZOANTHUS of the letter or writing informing it of this resolution, unless ZOANTHUS has complied in the meantime.

When the contract is terminated under the conditions listed above, ZOANTHUS is required to reimburse the Customer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.

5.3 Reception

It is the Customer's responsibility to check the condition of the packaging and products and the number of products upon receipt or upon collection from a relay point or store if applicable. This verification is considered to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery note or any other equivalent document or as soon as the product is scanned in the event of collection in store.

It is up to the Customer in the event of a dispute, deterioration of the product during transport, damage, shortage or delay, to make clear and precise reservations on the carrier's delivery note. The Customer must confirm these reservations to the carrier by registered letter with reasoned acknowledgment of receipt within three (3) days, not including public holidays, following receipt of the products.

In accordance with article L. 224-65 of the Consumer Code, when the Customer personally takes delivery of the transported products and when the carrier does not justify having given him the possibility of actually verifying their good condition, the deadline mentioned above is extended to ten (10) days.

Without prejudice to the arrangements to be made with the carrier, complaints about apparent defects or non-conformity of the products delivered must be made to ZOANTHUS in writing as soon as possible from the date of delivery or placement. available product. It will be up to the Customer to provide any justification as to the reality of the defects or anomalies noted, in particular by sending to ZOANTHUS:

• A photocopy of the reservation letter addressed to the carrier;
• And a photocopy of the delivery note mentioning the reservations.

Any complaint made late could potentially prevent this complaint from being taken into account.

It is expressly agreed that statements such as “subject to inspection upon unpacking” do not constitute a reservation within the meaning of this article.

In the event of delivery to a relay point, if the Customer notices when collecting their order that the packaging of the package is damaged (damaged, torn, already opened, etc.), they must indicate to the relay point that they are refusing the package and the latter will then be returned to the sending company.

Regarding in-store collections, in the event of a dispute over the quantity and/or condition of the products at the time of collection, the Customer must immediately inform the teams of the store concerned.

In any event, ZOANTHUS cannot be held responsible for any delay or failure to deliver due to a case of force majeure or fault on the part of the Customer.

Article 6: LEGAL GUARANTEES

6.1 General stipulations

ZOANTHUS is liable for defects in conformity of the goods with the order under the conditions of Article L. 217-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Code civil.

As such, the Customer may make a request under the legal guarantee of conformity or the guarantee of defects in the item sold by sending his complaint to ZOANTHUS at the address mentioned in article 1 hereof.

The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code (old) and articles L. 217-4, L. 217-5, L. 217-7, L. 217-8, L. 217-9, L. 217-11, L. 217-12 and L. 217-13 of the Consumer Code (new) as well as articles 1641, 1644 and the first paragraph of article 1648 of the Civil Code are reproduced in article 16 of these general conditions.

6.2 Additional details

Under the legal guarantee of conformity mentioned above, ZOANTHUS must deliver products in conformity with the contracts and is liable for any lack of conformity existing at the time of their delivery.

As such, it is specified that the products marketed by ZOANTHUS, particularly batteries, have a limited lifespan which essentially depends on the conditions of use of the products by Customers (frequency of use, shocks, lack of maintenance , exposure to extreme temperatures, contact with water, etc.).

6.3 Exclusion of warranty

Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects.

The warranty will not cover products damaged during transport or due to misuse. As such, defects and damage to products caused by non-compliance with the safety instructions relating to storage precautions, specified on the packaging, are excluded from the guarantee.

Defects and damage caused by incorrect use, non-compliant maintenance, abnormal use, lack of supervision, poor electrical protection of the devices, for such circumstances harmful to the proper functioning of the devices, or even by an unforeseen modification of the product nor specified by ZOANTHUS, are excluded from the warranty.

The warranty immediately and completely expires if the product is used in abnormal conditions.

In the event of lack of maintenance, the warranty will be totally or partially lost.

Article 7: RETURNS AND RESPONSIBILITIES

7.1 Complaints / Liability

Except in the case referred to in Article 6, it is the Customer's responsibility to provide any justification as to the reality of the defects or anomalies noted. He must allow ZOANTHUS every opportunity to identify these defects or anomalies.

Subject to the exercise of the possible right of withdrawal, any return of product must be subject to the express agreement of ZOANTHUS. The products must be returned in perfect condition and in their original packaging with all possible accessories (including instructions).

The return will give rise, depending on the case, to a replacement of the products or a refund to the Customer, after qualitative and quantitative verification of the returned products. The costs and risks of shipping and return will be borne by the Customer if non-compliance is not proven.

7.2 Commercial guarantees

When ZOANTHUS is held liable following a fault on its part, compensation only applies to direct, personal and certain damage that the Customer has suffered.

In any event, ZOANTHUS declines all liability, in particular with regard to the choice of products by the Customer or due to damage resulting from modifications that may have been made to the products or resulting from a failure to follow the recommendations for use of the products.

In addition, it is recalled that ZOANTHUS is not a producer, within the meaning of articles 1245 et seq. of the Civil Code, of the products marketed via the Site. Consequently, it cannot be held liable in the event of damage caused to property and/or people due to a defect in the products within the meaning of the aforementioned articles. The Customer wishing to obtain compensation for such damage must therefore seek the liability of the manufacturer concerned.

ZOANTHUS cannot be held responsible for damage, temporary or permanent, caused to the Customer's computer system nor for any losses or damage which may be suffered in particular following access to or navigation on the Site. The transmission of data via the Internet may result in errors and/or the Site not always being available. Therefore,

ZOANTHUS cannot be held responsible for the availability or interruption of the online service.

ZOANTHUS DISCLAIMS ANY LIABILITY FOR INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED IN CONNECTION WITH THE USE OF THE SITE.

IN ANY CASE AND WITHIN THE LIMITS AUTHORIZED BY LAW, IN THE HYPOTHESIS WHERE ZOANTHUS IS FOUND LIABLE, THE TOTAL AMOUNT OF COMPENSATION THAT ZOANTHUS MAY BE REQUIRED TO PAY TO THE CUSTOMER CANNOT EXCEED THE SALE PRICE OF THE PRODUCTS CONCERNED INVOICES TO THE CUSTOMER, REGARDLESS OF THE LEGAL BASIS OF THE CLAIM AND THE PROCEDURE EMPLOYED TO RESULT IN IT.

Any compensation will only be made by ZOANTHUS upon presentation by the Customer of the corresponding product invoice.

In the event of purchases on a professional basis, ZOANTHUS will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, loss of opportunity, damage or costs, which may arise as a result of the purchase. some products.

Article 8: FORCE MAJEURE

In the event of the occurrence of a case of force majeure preventing the performance of its obligations by ZOANTHUS, the contract would be immediately suspended, upon notification by one of the parties by any means. Likewise, the party concerned will inform the other party of the cessation of this event and the execution of the contract will then resume immediately on the date of this notification.

Force majeure means any event making it either impossible or manifestly more difficult to fulfill an obligation due to the unforeseeable, irresistible and external nature of this event, these three criteria being alternative, such as epidemics, pandemics, wars. , riots, fires, floods, total or partial strikes, paralysis of road or other transport routes, disruptions in energy supplies (EDF, GDF, Oil, etc.), blockages of telecommunications and computer networks, change in regulations, delays or failure in the intervention of external partners such as suppliers or subcontractors, closure of borders.

The obligations of the Parties will be suspended for the duration of the force majeure. The defaulting Party will use all its efforts to limit the duration and effects of the cause of force majeure.

If such an event were to continue beyond fifteen (15) days after the date of notification, the contract will be considered automatically terminated. Amounts collected by ZOANTHUS before this date will then be refunded to the Customer.

Article 9: CUSTOMER OBLIGATIONS

The Customer undertakes to communicate to ZOANTHUS all the elements necessary for the proper execution of the orders. In this regard, the Customer remains responsible for the content and accuracy of the information he transmits to ZOANTHUS.

The use of the products will be carried out under the sole responsibility of the Customer. Under these conditions, the Customer is required to ensure that the product is maintained in good condition, to use it in accordance with its intended purpose, in particular respecting the instructions given by ZOANTHUS or the suppliers and the specific precautions for use.

Article 10: RIGHT OF WITHDRAWAL

In application of article L. 221-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the products ordered (the day of receipt of the products ordered is not counted in the deadline, the latter starting to run the next day). If this withdrawal period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.

In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last good or batch or the last piece.

However, under article L. 221-28 of the Consumer Code:

“The right of withdrawal cannot be exercised for contracts:

3° Supply of goods made according to the consumer's specifications or clearly personalized;

4° Supply of goods likely to deteriorate or expire quickly ;

5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection ;

6° Supply of goods which, after having been delivered and by their nature, are mixed inseparably with other articles; »

To exercise his right of withdrawal, when the latter can be exercised, the Customer must, within the period of fourteen (14) days indicated above, send to ZOANTHUS, the standard form for exercising the right of withdrawal (in Appendix 1 of these conditions) or a declaration, unambiguous, expressing its desire to withdraw, to the address indicated in article 1 of these conditions.

The Customer must return the products, at his own expense, to the address mentioned herein, within fourteen (14) days of communication of his decision to withdraw, in their original packaging, unused and in perfect condition. condition, without any trace or mark, with labels, all accessories and any gifts offered.

The Customer is therefore reminded that, in accordance with the provisions of Article L. 221-23 of the Consumer Code, liability may be incurred in the event of depreciation of the products resulting from handling other than those necessary to establish the nature , the characteristics and the proper functioning of these products.

As such, ZOANTHUS will be entitled to apply a discount in the event of handling of products other than those strictly necessary to establish their nature, characteristics and proper functioning.

In the event of withdrawal involving several products and if the Customer does not return all of the products, ZOANTHUS will deduct from the amount to be refunded the price of the missing products.

ZOANTHUS undertakes to reimburse the Customer within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. However, ZOANTHUS is entitled to defer this reimbursement until effective recovery of the goods or until the Customer has provided proof of shipment of these goods, the date chosen being that of the first of these events.

ZOANTHUS makes this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and to the extent that the reimbursement does not incur costs. to the customer.

Article 11: RESERVATION OF OWNERSHIP

The products sold by ZOANTHUS to its Customers remain its property until full payment of the price in principal, costs, interest and accessories by the Customer. However, the risks are transferred upon receipt of the products by the Customer.

In the event of non-payment, ZOANTHUS, without losing any other of its rights, may demand by registered letter with acknowledgment of receipt the return of the products at the expense and risk of the Customer. The Customer will also bear any legal and judicial costs.

Article 12: PERSONAL DATA

ZOANTHUS collects and processes Customers' personal data in accordance with the regulations in force applicable to personal data and the Confidentiality Policy it has developed.

Article 13: OPPOSITION TO TELEPHONE CALLING

The Customer who communicates his telephone details to ZOANTHUS via the Site when ordering online is informed that he can register on a list opposing telephone canvassing (Bloctel list). It is nevertheless specified that this registration does not prohibit ZOANTHUS from contacting the Customer by telephone for the strict needs of the execution of this contract.

Article 14: APPLICABLE LAW

The parties agree that these conditions and their consequences are subject to French law. The language hereof and of the relations between the parties is French.

However, with regard to deliveries outside France, the Customer is informed that French law applies subject to the mandatory provisions of the law of the country in which he has his habitual residence.

Article 15: DISPUTE SETTLEMENT / MEDIATION

The Customer declares to have been previously informed by ZOANTHUS of the possibility of resorting, in the event of a dispute, to a consumer mediation procedure.

In accordance with articles L.616-1 and R.616-1 of the Consumer Code, we offer a consumer mediation system. The mediation entity selected is: CNPM - CONSUMER MEDIATION. In the event of a dispute, you can file your complaint on its website:https://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSOMMATION - 27 avenue de la Libération - 42400 Saint-Chamond

Before contacting the mediator designated above, the Customer undertakes to send his complaint to ZOANTHUS customer service using the contact details indicated in article 1 of these general conditions.

In addition, ZOANTHUS informs the Customer of the existence of the online dispute resolution platform set up by the European Commission and of the possibility of using it in the event of a dispute with ZOANTHUS in connection with this contract.

This platform is accessible via the following link:https://webgate.ec.europa.eu/odr/

Article 16: MANDATORY NOTICES FOR CONSUMER CUSTOMERS

For contracts concluded before 1^erJanuary 2022

Pursuant to article L. 217-15 of the Consumer Code, articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code are reproduced below. consumption, as well as article 1641 and the first paragraph of article 1648 of the Civil Code, provisions of which the Customer expressly acknowledges having read prior to his order.

• Legal guarantee of conformity

Article L. 217-4 of the Consumer Code

“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.»

Article L. 217-5 of the Consumer Code

“The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model ;

- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling ;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.»

Article L. 217-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.»

Article L. 217-16 of the Consumer Code

“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period.

This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.. »

• Guarantee against hidden defects

Article 1641 of the Civil Code

“The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.»

Article 1648 of the Civil Code paragraph 1

“Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.»

For contracts concluded after 1^erJanuary 20222

• Legal guarantee of conformity

The French Consumer Code provides the following in terms of legal guarantee of conformity:

Article L.217-4 of the Consumer Code

“The property complies with the contract if it meets, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;

4° It is updated in accordance with the contract»

Article L.217-5 of the Consumer Code

“I.-In addition to the contract conformity criteria, the good is compliant if it meets the following criteria:

1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the relevant sector;
2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them;
2° That at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; Or
3° That the public statements could not have had any influence on the purchasing decision.

III.-The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, deviation to which he has expressly and separately agreed upon upon conclusion of the contract.»

Article L.217-7 of the Consumer Code

“Lack of conformity which appears within a period of twenty-four months from the delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or defect invoked.

For second-hand goods, this period is set at twelve months.

When the sales contract for a good containing digital elements provides for the continuous supply of digital content or a digital service, the conformity defects which appear are presumed to exist at the time of delivery of the good:

1° During a period of two years from delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of supply;

2° During the period during which the digital content or digital service is provided under the contract, when the contract provides for this supply for a period of more than two years.»

Article L.217-8 of the Consumer Code

“In the event of a lack of conformity, the consumer has the right to bring the goods into conformity by repair or replacement or, failing that, to a reduction in the price or to termination of the contract, under the conditions set out in this subsection.

The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, in the conditions of articles 1219 and 1220 of the civil code.
The provisions of this chapter are without prejudice to the award of damages.»

Article L.217-9 of the Consumer Code

“The consumer has the right to demand that the goods comply with the criteria set out in subsection 1 of this section.

The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.»

Article L.217-10 of the Consumer Code

“The compliance of the goods takes place within a reasonable period of time which cannot be more than thirty days following the consumer's request and without major inconvenience for the consumer, taking into account the nature of the goods and the use sought by the consumer.

The repair or replacement of the non-compliant good includes, if applicable, the removal and recovery of this good and the installation of the repaired good or the replacement good by the seller.

A decree specifies the terms of bringing the property into conformity.»

Article L.217-12 of the Consumer Code

“The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs in particular with regard to:
1° The value that the good would have in the absence of a lack of conformity;

2° The importance of the lack of conformity; And

3° The possible possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the property into conformity if this is impossible or involves disproportionate costs, particularly with regard to 1° and 2°.

When these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the civil code.

Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity, is justified in writing or on a durable medium.»

Article L.217-13 of the Consumer Code

“Any item repaired within the framework of the legal guarantee of conformity benefits from an extension of this guarantee by six months.

As soon as the consumer chooses repair but this is not implemented by the seller, compliance by replacing the good causes, for the benefit of the consumer, a new legal guarantee period. of conformity attached to the replaced good. This provision applies from the day the replacement good is delivered to the consumer.»

• Legal guarantee against hidden defects

Article 1641 of the Civil Code

“The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.»

Article 1644 of the Civil Code

“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.»

Article 1648 paragraph 1 of the Civil Code

“Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.»

ANNEX 1: WITHDRAWAL FORM

Please complete and return this form only if you wish to withdraw from the contract.

To the attention of :

ZOANTHUS

11 Bis rue Buffon

42100 Saint-Etienne

FRANCE

I hereby notify you of my withdrawal from the contract relating to the sale of the property below:

Ordered on(*) / received on(*) ………………………………………………………………

Name of consumer(s): ………………………………………………………………

Address of the consumer(s): ………………………………………………………………………

Signature of the consumer(s) (only if this form is notified on paper):

Date : ………………………………………………………………

(*) : Remove the useless phrase. D