PREAMBLE

These General Terms and Conditions of Sale and Rental (the “GTCR”) apply to any order of products placed by any professional (hereinafter referred to as “the Client”) with the company SOLABLE, a simplified joint-stock company with a capital of €13,500, having its registered office at 8 avenue Fernand JULIEN, 13410 Lambesc (France), registered with the Salon Trade and Companies Register under number 811565803 (the “Supplier”), via a direct order with a sales representative or through the online store hosted at the address: https://lavie.bio

These contractual provisions exclusively apply to any contract concerning the purchase or rental of SOLABLE products concluded by a professional buyer. These GTCR represent the entirety of the agreement between the parties.

Any order or subscription for a rental implies unconditional acceptance of these GTCR and implies the Client’s agreement to the entirety of their content.

These GTCR prevail over any other document exchanged between the parties, regardless of when this document may have been brought to the Supplier’s attention. Any specific derogatory condition or addition to the GTCR must be subject to prior written acceptance by the Supplier.

The Supplier reserves the right to modify these General Terms and Conditions of Sale and Rental at any time, to bring them into compliance with applicable legal provisions, in particular. However, the General Terms and Conditions of Sale and Rental applicable at the time of placing an order or subscribing to a rental contract are those in effect at the time of signing the order or subscription by the Client.

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ARTICLE 1 – DEFINITIONS

Client:

Professional Buyer or Renter who purchases or rents Products from the Supplier. A Professional Buyer or Renter is understood to be any natural or legal person, public or private, acting for purposes that fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity, including when acting on behalf of or for the account of another professional.

Order:

Document used by the Client to proceed with the purchase of Products. It specifies in particular the quantities of Products purchased, the Price and any applicable discounts, penalties for late payment, the delivery terms of the Products, the date or deadlines for the delivery of the Products. The Supplier has 7 days to accept the Order and return a copy to the Client.

Products:

All Products offered for sale or rental by the Supplier as listed in the Supplier’s catalogs or on the Supplier’s online store. These catalogs describe the Products, present their characteristics, and determine the corresponding prices. These Products comply with the regulations in force in France and Europe and have performance compatible with the Clients’ uses.

The online store contains a description of the Products, a presentation of their characteristics, and the corresponding rental prices.

Services:

All services provided by the Supplier, such as the delivery of Products and after-sales service.

Supplier:

Sales professional who offers Clients Products for sale or rental.

Consumer:

Non-professional Buyer, namely any natural or legal person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal, or agricultural activity.

Online store:

Supplier’s e-commerce site, located at the following address: https://lavie.bio

Payment service provider:

Credit institution or payment specialist that organizes, facilitates, verifies, and authorizes interbank payments, acting as an intermediary on behalf of individuals and businesses.

SSL (Security Socket Layers) or TSL protocol:

Protocol for securing information exchange over the internet.

Accessories and connectivity:

As part of the warranty, accessories and connections for the device are considered to be those provided in the manufacturer’s original packaging.

Replacement item:

In order of priority,

• A refurbished item of the same model as the rented item, or
• A new item of the same model as the rented item.

Refurbished item:

Device restored to the same level of technical and functional characteristics as the original rented item, packaged in a neutral box, having undergone operations of renovation or repair.

Breakage:

Any total or partial destruction of the rented device, affecting its proper functioning and resulting from an accident, clumsiness, or negligence. Any breakage of glass or window is considered as breakage.

Oxidation:

Any corrosion due to chemical effects on the components of the rented item, affecting its proper functioning and resulting from an accident, clumsiness, or negligence.

Malfunction:

Any dysfunction originating from an internal phenomenon of the rented item that prevents its use.

Theft:

Fraudulent removal of the rented item by a third party.

Theft can only be recognized after a theft report has been made to the competent police authorities.

Cookie:

Small file stored by a server on a user’s terminal (computer, phone, etc.) and associated with a web domain (that is, in most cases, with all pages of the same website). This file is automatically sent back during subsequent contacts with the same domain.

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ARTICLE 2 – PRE-CONTRACTUAL INFORMATION PROVIDED TO THE CLIENT

The Client acknowledges having received these General Terms and Conditions of sale and rental in order to proceed with the purchase or rental of Products from the Supplier, prior to any issuance of an Order.

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ARTICLE 3 – OBJECT

These General Terms and Conditions of sale and rental aim to define the conditions under which the Supplier provides Products or Services to the Client. They apply, without restriction or reservation, to all purchases or rentals of Products made by the Client.

These General Terms and Conditions of sale and rental constitute, in accordance with Article L 441-6 of the Commercial Code, the unique basis of the commercial relationship between the Parties.

From the moment they are accepted by the Client, these GTCs apply to all Products purchased or rented by the Client, to the exclusion of any other document. Consequently, these General Terms and Conditions of sale and rental replace and cancel all statements, prior negotiations, commitments of any kind, communications, oral or written, acceptances, and prior agreements made between the Supplier and the Client.

The Client declares having accepted these General Terms and Conditions of sale and rental in their entirety before any purchase of Products.

These General Terms and Conditions of sale and rental have a duration of ten (10) years from their acceptance by the Client. They may be subject to subsequent modifications, particularly to take into account legislative and regulatory developments, the version applicable to the purchase of Products by the Client being the one in effect on the date of acceptance of the Order by the Supplier under the conditions set out below.

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I. GENERAL CONDITIONS RELATING TO THE SALE OF LAVIE PRODUCTS

ARTICLE 4 – PURCHASE PROCESS FOR PRODUCTS

4.1 Via orders

The Client purchases the Products by issuing Orders established according to the model attached hereto. They will be sent by the Client to the Supplier as needed.

The individual accepting the Purchase Order binds the Client, and the Client guarantees that this person is authorized to conclude the contract with Solable.

The sale will only be considered final after the Order has been accepted by the Supplier, a copy of the Order has been sent back to the Client, and the Supplier has received the full payment for the Products.

The General Terms and Conditions of sale and rental and the Orders form an indivisible whole. In any case, the General Terms and Conditions of sale and rental cannot constitute an order or impose an obligation on the Client to order Products.

In case of unavailability of the ordered product, the Supplier offers the Client, who must give their agreement, the provision of an equivalent product that may replace the ordered product.

In case of disagreement from the client, the unavailability of the ordered product results in the cancellation of the order and the refund to the Client.

4.2 Via the online store

The Client proceeds to purchase the Products by connecting to the Lavie store website and following the displayed instructions.

The sale as well as the acceptance of these General Terms and Conditions of sale and rental are considered validated upon confirmation of the purchase on the online store.

The individual placing the order via the online store binds the Client, and the Client guarantees that this person is authorized to conclude the contract with Solable.

A summary of the order information and these General Terms and Conditions will be communicated in PDF format via the order confirmation email address.

Any order placed through the Lavie online store is an order with a payment obligation.

To place an order online on the online store, the Client must:

• Fill their cart with one or more Products;
• Provide their billing information, email address, and billing and/or shipping address;
• Choose whether to create a customer account or not.
• Select the delivery method.
• Check the ordered Products, the total price of their order, and the conditions of their order.

They choose their payment method. They may, if applicable, modify this order or go back on their order before definitively validating it.

The order will only be definitively recorded upon the final validation of the order summary screen. This action is equivalent to a handwritten signature as referred to in Article 1367 of the Civil Code and to the conclusion of a contract in electronic form within the meaning of Articles 1127-1 and 1127-2 of the French Civil Code.

From this action:

• the Client confirms their order and declares acceptance of it, as well as the entirety of these General Terms and Conditions of sale and rental fully and without reservation; and
• the order is considered irrevocable and can only be challenged in the cases exhaustively provided for herein.

The Client has the option to print the order form corresponding to their order.

4.3 Order cancellation by the Supplier

The Supplier reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature, at any time during the ordering process, in case of non-payment or partial payment of any amount due by the Buyer or in case of a payment incident.

In case of payment by bank transfer, the Supplier reserves the right to cancel the Client’s order if it has not received their transfer within 5 days from the date of the order. Thus, the order remains the property of SOLABLE until the full payment of it has been settled with the Supplier. In accordance with the provisions of Article 9 of these General Terms and Conditions of sale and rental.
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ARTICLE 5 – LIABILITY

5.1. Information contained in the online store

The Supplier strives to ensure the accuracy and updating of the information disseminated on the online store to the best of its abilities, which it reserves the right to modify at any time and without notice. However, it cannot guarantee the accuracy, precision, or completeness of the information on the online store. Consequently, it disclaims any responsibility for inaccuracies, errors, or omissions regarding the available information, as well as any liability related to damages resulting from a fraudulent intrusion by a third party that led to a modification of the information contained on the online store.

The hyperlinks established towards other resources available on the Internet network cannot engage the Supplier’s liability. Indeed, the Supplier has no means to control the Sites connected to its Site, of which the Client is expressly informed under these terms. Consequently, the risks associated with this use are fully borne by the Client.

Similarly, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, the Supplier’s liability cannot be engaged in case of error in any of these photographs or texts.

5.2. Use of the online store

The use and navigation on the online store are done under the Client’s responsibility. The Supplier disclaims any liability and cannot be held responsible for any damages or viruses that may affect the computer equipment or any other material when accessing the Site, using the Site, or navigating the online store, or downloading any content, data, texts, images, or files from the Site.

5.3. Compliance

The Supplier markets UV-A water purification systems.

The Supplier declares that it markets products that comply with applicable French and European regulations, as in force on the day of delivery of the products.

In particular, the Supplier declares to be in compliance with the waste treatment obligations related to law no. 2020-105 of February 10, 2020, concerning the fight against waste and the circular economy and is a member of an eco-organization.

Compliance with applicable regulations for the product outside the territories of the European Union is the exclusive responsibility of the Client.

The Supplier electronically attaches the Usage Precautions to the shipment of any product ordered by the Client. These usage precautions will be available through a direct internet link.

The Client must read the Usage Precautions before any use of the delivered products.

The Client must provide the Usage Precautions to the end consumer.
The information provided regarding the marketed products is for informational purposes only. It cannot in any case constitute medical information nor engage the Supplier’s liability.

The Client must respect the advice and usage precautions established for each of its offers and established by the Supplier. (hereinafter the “Usage Precautions”).

The Supplier disclaims any liability and cannot be held responsible for any damages caused to the Client or a third party due to the use of the Product not in accordance with its intended purpose.

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ARTICLE 6 – RIGHT OF WITHDRAWAL

In addition to the conditions provided for in Article L221.3 of the Consumer Code, the Client has a period of seven (7) clear days from the delivery of their order to express to the Supplier their intention to withdraw, by registered letter addressed to SOLABLE, 8 avenue Fernand Julien 13410 LAMBESC or by email: contact@lavie.bio.

The Client may use the withdrawal form provided for this purpose at the end of these General Terms and Conditions.

The Client must then return the products to the Supplier in their original packaging within 14 clear days (excluding weekends and public holidays) following the communication of their decision to withdraw. The return shipping costs are entirely the responsibility of the Client.

The Client’s liability will be engaged by the Supplier in the event of depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of these products.

Given the nature of the products, the right of withdrawal cannot be exercised for products that have been unsealed by the Client after delivery.

The Supplier will refund the Client the price of their order no later than 30 days from the date on which the Supplier became aware of the Client’s decision to withdraw.

The Supplier may defer the refund until the effective return of the products.

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ARTICLE 7 – PRICE OF PRODUCTS

The Products are provided at the prices in effect as listed in the Product catalog communicated by the Supplier to the Client on the day the Order is accepted by the Supplier or on the online store on the day of the order.

Prices are expressed in Euros, excluding VAT and including VAT. These prices are firm and non-revisable during their validity period, as indicated in the Product catalog or the online store.

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ARTICLE 8 – PAYMENT TERMS FOR PRODUCTS

Invoices are issued by the Supplier and sent to the Client’s accounting department in a single (1) copy, upon delivery of the Products. They must mention the characteristics of the Products and be accompanied by all necessary supporting documents to verify the validity of their content.

8.1 Payment Deadlines

In accordance with the provisions of articles L 441 – 10 and D.441 5 of the Commercial Code, all payments are made in Euros within thirty (30) days from the date of issuance of the invoice or the corresponding advance payment request.

In the event that the calculated payment date is not a banking business day, payment will be made on the first banking business day following. Any delay in payment will automatically incur penalties calculated at a rate of three (3) times the legal interest rate, starting from the due date.

Furthermore, the Client owes a fixed recovery fee of a minimum amount of 40 euros. Finally, the Supplier reserves the right, in case of non-compliance with the payment conditions mentioned above, to suspend or cancel the Order made by the Client.

8.2 Payment Methods

Payment is made by the Client using one of the following payment methods: checks, bank transfer from the European area and outside the European area, SWIFT bank transfer, credit card, Paypal©. In all cases listed above, payment will be made in Euros (€).

8.2.1 Checks

The bank check must be issued by a bank located in France or Monaco, made out to SOLABLE and sent to the following address: SOLABLE – 8, avenue Fernand Julien 13140 LAMBESC (France). The check will be deposited for collection upon receipt. The Buyer has ten (10) days following the validation of their Order to send the check to SOLABLE. After this ten (10) day period, the Order will be automatically canceled.

8.2.2 SEPA Bank Transfers

Only transfers from bank accounts opened with banking institutions located in the Single Euro Payments Area are accepted for payment.

The fees resulting from this payment method will be the sole responsibility of the Client.

8.2.3 SWIFT Bank Transfers

Payment via Society of Worldwide Interbank Financial Telecommunication can be made by transfer complying with the SWIFT standard. In this case, the subsequent bank fees will be the sole responsibility of the Client.

8.2.4 Credit Card: Online Store Sales

Payment is made online by credit card. The order will be processed upon receipt of payment and subject to its clearance.

In case of refusal by the bank, the order will be automatically canceled.

8.2.5 Payment services such as Paypal, Apple Pay or Google Pay

Payment is made online via the dedicated websites of the payment providers. For more information: On Paypal – on ApplePay – on GooglePay

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ARTICLE 9 – RESERVATION OF TITLE

Notwithstanding the provisions of Article 1583 of the Civil Code, the Supplier shall remain the owner of the Products until full payment of the price is made, notwithstanding the transfer of risks of the Products to the Client, which is agreed between the Parties to occur upon delivery of the Products to the carrier, in accordance with the provisions of Article 10 of this contract.

In the event of a judgment opening collective proceedings against the Client, the Supplier reserves the right to reclaim the Products in the possession of the Client, within three (3) months following the publication of the judgment of said proceedings, in accordance with the provisions of Article L. 624-9 of the Commercial Code.

In the event of non-payment by the Client of any of the due dates on the agreed date, the Supplier may demand the return of the unpaid Products by registered letter with acknowledgment of receipt, without prejudice to its right to terminate ongoing sales.

To this end, the Supplier may unilaterally, after sending the aforementioned formal notice, draw up or have drawn up an inventory of the Products in the possession of the Client, who hereby agrees to allow free access to its warehouses, stocks, stores or others for this purpose, as well as to ensure that the identification of the Manufacturer’s Products and their packaging is always possible.

The Supplier may exercise all rights it holds under this reservation of title clause for any of its claims on all Products in the possession of the Client, these being conventionally presumed to be the unpaid ones.

If within one (1) month from the receipt of the registered letter with acknowledgment of receipt sent by the Supplier, the Client has not voluntarily complied with the Supplier’s claim for reclamation, the latter has the option to bring the matter before the competent court for the purpose of seizing the Products whose ownership has been reserved under this clause from the debtor or any other third party holding said Products.

From the receipt of the registered letter with acknowledgment of receipt sent by the Supplier, the Client undertakes to keep or have kept by any third-party holder, all goods and/or merchandise, subject of this Contract, that the Manufacturer would have delivered to it, until the action for reclamation initiated by the Manufacturer has been terminated by an enforceable title.

In the event of failure to comply with this last obligation, in the event of sale or movement of the Products whose ownership is claimed by the Supplier, the Client shall bear a penalty of 179 € per LAVIE Pure product sold or moved.

• 99 € per LAVIE 2GO product sold or moved
• 199 € per LAVIE XL PREMIUM product sold or moved
• 499 € per LaFontaine product sold or moved

The preceding provisions do not preclude the immediate transfer of risks of the Products to the Client upon delivery of the latter, in accordance with the provisions of Article 4 of these General Terms and Conditions.

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ARTICLE 10 – DELIVERY OF PRODUCTS

The various shipping methods are indicated on the quote requested by the Client. They are accepted by the Client upon signing the Quote, which will constitute an order.

The Supplier undertakes that the delivered Products shall be in all respects in accordance with the Order, the rules of the art, legal and regulatory obligations, and the applicable French and European standards. The Supplier is liable for any conformity defects existing at the time of delivery of the Products.

The Supplier will proceed with the delivery of the Products to the Client according to the terms defined in the corresponding Orders and on the date or within the timeframe specified in said Orders.

In case of non-compliance of the Products with the rules of the trade or the Order or in case of non-respect of the delivery deadlines specified in the Order, the Client may request the Supplier, by registered letter with acknowledgment of receipt, to proceed with a new delivery of the Products in accordance with the provisions in the Order within a reasonable period not exceeding two (2) months. In case of non-compliance with this deadline by the Supplier, the Client may then demand from the Supplier, by registered letter with acknowledgment of receipt, the return of the Products at its own expense and charges, without prejudice to the Client’s right to cancel the Order.

The transfer of ownership of the Products to the Client will occur upon full payment of the price by the Client and the transfer of risks of loss and deterioration will occur at the moment the Client physically takes possession of the Products.

The chosen INCOTERM is EXW – ExWorks. The Supplier delivers the goods at a depot located in France or at another agreed location (workshop, factory, warehouse, etc.), without completing customs formalities for export and without loading onto any removal vehicle. The client will thus bear all costs and risks inherent to taking charge of the goods from the Supplier’s premises.

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ARTICLE 11 – WARRANTIES AND CLAIMS

11.1 Claims

Upon receipt of the products, the Client must immediately verify their condition and compliance with the order, in the presence of the carrier. The Client must particularly check the quality and quantity of products, their condition, and their characteristics.

If the delivered products do not comply with the order or are damaged, the Client must make all reservations and claims to the carrier or refuse delivery if the package is damaged or opened, and send its claims by registered letter addressed to SOLABLE – 8, avenue Fernand Julien 13140 LAMBESC (France), or by email to the following address: contact@lavie.bio within 7 days following delivery, specifying and justifying exhaustively the reasons for the claim.

No claim will be taken into account after the use of the products. No spontaneous return, without prior written agreement from the Supplier, will be accepted.

11.2 Warranty

11.2.1 Scope

The products are guaranteed against any material or manufacturing defects rendering them unfit for the intended use, for a period of twelve (12) months from the date of delivery. Interventions under the warranty shall not have the effect of extending the duration of the warranty.

Under this warranty, the only obligation of the Supplier will be, at its choice, the free replacement or repair of the product or the element recognized as defective by its services unless this mode of compensation proves impossible or disproportionate.

To benefit from the warranty, any product must first be submitted to the Supplier’s after-sales service whose agreement is essential for any replacement.

Any shipping costs are to be borne by the Client, who cannot claim any compensation in case of immobilization of the property due to the application of the warranty.

11.2.2 Exclusions

The warranty does not apply to apparent defects. Also excluded are defects and damages caused by natural wear and tear or by an external accident, by a modification of the product not provided for or specified by the Supplier, by its abnormal use, or for its use in conditions different from those for which it was manufactured, particularly in conditions not prescribed by the manufacturer or the Supplier.

The Supplier is not responsible for any deterioration related to the inappropriate storage of the products by the Client who does not comply with the usage recommendations and operating instructions provided by the Supplier.

The Supplier’s liability cannot be engaged in the event of improper use of the Product, use not in accordance with the user manual provided by the Supplier, in case of negligence or lack of maintenance by the Client, as well as in case of normal wear of the Product or failure due to an accident.

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ARTICLE 12 – SUSPENSION/TERMINATION

12.1 Suspension

The Supplier or the Client may suspend the performance of their obligations when it is clear that the other Party will not fulfill its obligations within the deadlines and conditions set forth in the Order and that the consequences of this non-performance are detrimental to the injured party.

12.2 Termination

Without prejudice to the right to seek compensation for damage and/or loss suffered, in the event of non-performance by either Party of any of its obligations under the General Conditions or the Orders, the other Party may, fifteen (15) days after a formal notice sent by registered letter with acknowledgment of receipt that has remained unsuccessful, declare the automatic termination of the General Conditions and/or the Orders.

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II GENERAL CLAUSES RELATING TO THE RENTAL OF LAVIE PRODUCTS

ARTICLE 13 – SUBSCRIPTION OF SERVICES

13.1 RENTAL SUBSCRIPTION PROCESS

The contractual information is presented in French.

The Client is informed that the service provided by the Supplier is exclusively aimed at the entire French territory, excluding DOM TOM.

As a result, the Supplier reserves the right to refuse the requested service on this basis, or to require, if feasible, additional fees from any client wishing to subscribe to the said service outside this territorial limit.

Upon subscription, the Client agrees that the products subject to the rental are intended solely for personal and private use, unrelated to any commercial, industrial, artisanal, liberal, or agricultural activity.

The electronic subscription to a rental contract on the online store follows the following steps:

• Selection of the product(s) in the corresponding category via the “add to cart” tab;
• Identification of the Client through the “login” or “register” section during the first subscription;
• Indication of the date of birth, billing address, and delivery address (in case of difference) in the “delivery” section;
• Validation of the general rental conditions;
• Selection of the “proceed to payment” section;
• Identification of payment methods and payment of the first installment;
• Provision of certain personal information to finalize the order;
• Order confirmation.

In case of refusal of the order by the Supplier, no charge will be made.

Rental offers and applicable rates remain valid as long as they are visible on the online store, and always within the limits of available stock.

In case of unavailability of the product after the subscription has been validated by the Client (article 17.1), the Client will be notified of the timeframe within which the product will be made available, or will be offered another product with the same characteristics.

The Client who does not wish to wait for this availability or who refuses the replacement offer will be refunded the price paid if their bank account has been debited, within thirty (30) days following the effective payment date.

13.2 CONSENT

The Client’s attention is particularly drawn to the method of acceptance of the electronic subscription to the rental contract via the online store. Clicking on the “REGISTER” button and checking the box acknowledging and accepting the Supplier’s general rental conditions, validating the subscription, constitutes an unconditional acceptance of the rental contract by the Client.

13.3 VALIDATION OF THE RENTAL

The information provided by the Client during the electronic subscription of the rental contract (notably name and delivery address) binds them. Thus, the Supplier’s liability cannot be engaged in any way in the event that an error attributable to the Client during the electronic subscription prevents or delays the execution of the service, particularly the delivery of the product(s).

The Supplier reserves the right to refuse an order if the Client is not up to date with their obligations of any kind, including but not limited to non-payment, payment incidents, during a previous order. Such a refusal constitutes a legitimate reason within the meaning of Article L.121-11 of the Consumer Code and cannot be considered a refusal of sale.

13.4 PAYMENT OF THE RENTAL

13.4.1 METHOD OF PAYMENT FOR THE RENTAL

Payment is made by the Client using a credit card, an online payment service (such as Apple Pay or Google Pay), or a SEPA direct debit from their bank account, for the first payment as well as for the subsequent monthly payments.

For this purpose, the Client provides the information related to their payment card or the details of their bank account (in RIB or IBAN format), on the secure interface of the Supplier’s payment service provider. A request for confirmation and final validation is then made, which serves as an electronic signature, equivalent to a handwritten signature in accordance with the provisions of Article 1367 of the Civil Code.

In the event of a change in bank details during the rental period, the Client is invited to go to their client area to make the modification or to customer service to proceed with the modification. The modification must occur no later than 10 days before the next direct debit due date.

13.4.2 SUBSCRIPTION PROCESS

The payment for the subscription of the rental contract takes place in two stages:

• From the formation of the contract, the first payment is debited from the Client’s credit card or via the payment method chosen by the Client at the time of the order.
• The rent amount is then payable monthly, in advance, via the payment method chosen by the Client at the time of the order, without prior notice.

a. Validation of the subscription

The subscription to the rental contract will only be considered accepted by the Supplier when the relevant banking payment center has given its approval and the Supplier has validated the subscription according to its own acceptance criteria.

The Client is informed that the first payment does not constitute a deposit but rather a first monthly payment increased to ensure their commitment and to cover the management fees of the file.

In the event of acceptance of the file by the payment center and by the Supplier, the Client will be informed by the sending of the order shipment confirmation via email.

Following the validation of the subscription by the Client, the contractual information related to said subscription (including notably the order number) will be confirmed by email in a timely manner and no later than at the time of delivery.

b. Refusal of the subscription

In the event of refusal of the file despite payment validation, the subscription will be automatically refused and the Client will be informed by email. The validation of payment by the payment center does not constitute payment but a banking authorization. The payment of the first installment only occurs in the event of shipment of the order.

In the case where the order is not validated and therefore not shipped, the banking authorization is canceled and no actual payment is executed. The deletion of the banking imprint follows timelines specific to each banking institution, independent of the Supplier’s will.

13.5 RENTAL CONTRACT

13.5.1 FORMATION OF THE RENTAL CONTRACT

The rental contract is deemed validly and definitively formed between the Parties from the acceptance of the rental by the Supplier, which is materialized by the sending of a confirmation email of order validation.

The Supplier strongly advises the Client to print and/or archive this subscription/order confirmation on a reliable and durable medium as proof.

The contract of rental takes effect and billing only starts on the day the rented product(s) are made available to the Client, as specified in a delivery note, and ends upon termination of the rental contract.

13.5.2 INTEGRITY CLAUSE

The contract consists of these General Rental Conditions, the confirmation emails of order validation and shipment of the product(s), and the delivery note signed by the Client.

It represents the entirety of the agreement between the Supplier and the Client.

13.5.3 DURATION OF THE CONTRACT

The rental contract is concluded for an indefinite duration.

13.6 PROOF AND ARCHIVING

The computerized records, kept in the Supplier’s computer systems under reasonable security conditions, will be considered as proof of communications, contract/subscription orders, and payments made between the Parties.

The archiving of subscription/order forms and invoices is carried out by the Supplier on a reliable and durable medium to correspond to a faithful and lasting copy in accordance with the provisions of Article 1379 of the Civil Code.

13.7 SETTING AND PAYMENT OF THE PRICE

13.7.1 COST OF RENTAL

The cost of the rental is calculated according to the type of rented product. It corresponds to the cost presented on the online store.

This amount is expressed in euros, all taxes included. It includes processing fees, delivery, customer service, and collection, excluding the exercise of the right of withdrawal.
The monthly payments are fixed for the entire duration of the contract.

The Supplier reserves the right to modify its rates at any time but commits to applying the rates in effect at the time of the subscription registration to the contract, subject to the availability of products on that date.

At the earliest on the date of the formation of the contract, the Client’s bank account will therefore be debited as the first payment. This first payment will be supplemented by the purchase value of the additional products offered for sale.

13.7.2 LATE PAYMENT

Any late payment will result in the suspension of the application of contractual services by the Supplier until the situation is regularized, particularly the customer service mentioned in Articles 11 and following of these GCL.

In accordance with the provisions of Article 1217 of the Civil Code, the Supplier reserves the right to terminate the contract due to non-payment of three rents, even if not consecutive.

The refusal to return the product or the non-payment of amounts due may lead to the implementation of a dispute resolution procedure.

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ARTICLE 14 – OPTIONAL PRODUCTS

In addition to the rental formula, the Supplier offers its Clients a number of products available for sale on its online store.

The acquisition of one or more of these products by the Client implies acceptance by the Client of the Supplier’s General Terms and Conditions of Sale and Rental. The said General Terms and Conditions of Sale and Rental are available on the site https://lavie.bio.

These additional products are selected by the Supplier in connection with the materials chosen by the Client as part of their commitment.

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ARTICLE 15 – AVAILABILITY OF PRODUCTS

15.1 AVAILABILITY

Subscription offers including categories of products and prices are valid as long as they are visible on the online store site, and always within the limits of available stock.

In case of unavailability of the product after subscription validation, the Client will be informed of the timeframe within which the product will be made available again, or will be offered another product with similar characteristics.

The Client who does not wish to wait for this availability or who refuses the replacement proposal will be refunded their deposit if their bank account has been debited, and this will occur no later than thirty days following the effective payment date.

15.2 DELIVERY

15.2.1 DELIVERY METHODS

Products may be delivered by a carrier appointed by the Supplier or by Chronopost/Colissimo, at the Client’s choice.

In the case of delivery by a carrier appointed by the Supplier, the product(s) subject to the rental contract will be delivered to the delivery address provided during subscription.

In the case of delivery by another means, the product(s) subject to the rental contract will be delivered to the home or to a pickup point, according to a procedure communicated to the Client at the time of the order.

The Client is informed that the phone number or email address is considered part of the delivery address, as elements allowing contact with the Client to ensure delivery.

15.2.2 CHANGE OF ADDRESS

In the event of a change of delivery address between the subscription of the contract and the effective delivery of the product, this change must be communicated by the Client to the Supplier. This change cancels the validation of the subscription. The Supplier may then request new supporting documents and/or refuse the order. In the case of validation by the Supplier, this agreement will initiate new delivery timelines.

In the event of acceptance by the Supplier of the change of delivery address, the date of validation of the change by the Supplier will then serve as the new subscription date.

15.2.3 MOVING

In the event of moving, the Client is required to inform the Supplier within ten (10) working days and to provide the new address where the products will be located, particularly by updating the client account linked to the rental contract. In doing so, the Client agrees to inform the Supplier of any changes to contact details that may occur during the contract.

In the event of moving outside the Supplier’s service area, as the service is exclusively provided in Metropolitan France excluding DOM TOM, the Client will be required to inform the Supplier.

In this specific case, the contract will be subject to termination and the Client will need to return their product.

The transport service of products in the context of a move is not part of the contractual services. It is therefore carried out at the Client’s exclusive expense, and they alone bear the responsibility in the event of damage related to the products, which are the property of the Supplier.

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ARTICLE 16 – ELECTION OF DOMICILE

For the purposes hereof, the parties elect domicile at their respective principal residence and/or registered office.

15.2.4 DELIVERY DATE

The delivery date is set according to the delivery method chosen by the Client. The delivery time depends on the carrier.

In the event of the Client’s absence during the delivery of the Product on the date agreed with them, they will be charged for the cost of a new delivery.

The new delivery will only take place after payment of this amount.

In the case of delivery by Chronopost, the product(s) subject to the rental contract will be delivered within a timeframe determined by the service provider, who will inform the Client.

Neither Party shall be held liable to the other for any delay in delivery caused by the other party due to the occurrence of a force majeure event typically recognized by French courts.

The Supplier shall not be held responsible for a delay in delivery caused by the carrier’s failure.

15.2.5 AVAILABILITY

In the case of delivery by a carrier appointed by the Supplier, upon delivery, the carrier appointed by the Supplier hands the Client a document titled “Delivery Note” which contains at least the following information: the date on which the product is delivered; the delivery address, the condition of the product.

This document must be signed by the Client. It certifies that the delivered product conforms to the contract, is in good condition, and notifies the date and time of acceptance by the Client.

Any reservations regarding the condition of the product must be mentioned on the condition report or the delivery note and will be signed by both the Carrier and the Client.

It is the Client’s responsibility to verify at least the following information: the date on which the product is delivered, the delivery address, and the condition of the product before accepting the delivery. Once the delivery is accepted, the product(s) are considered delivered and in perfect condition, and no returns will be accepted.

In accordance with Article L.133-3 of the Commercial Code, the receipt of the transported Products extinguishes any action against the Carrier for damage or partial loss if within three days, excluding public holidays, following the date of this receipt, the Client has not notified the carrier, by extrajudicial act or by registered letter, of their reasoned protest.

The Client is invited to send the Supplier a copy of the notification to the carrier when the latter has been chosen by the Supplier.

15.2.6 TRANSFER OF RISKS

The Client’s acceptance of the receipt of the rented product(s) results in the transfer of risks on the products. The Supplier remains the owner of the product(s) but strongly recommends that the Client insure the product(s) with an insurance company.

15.2.7 – ABSENCE OF RECEIPT

In the event of non-compliance of the product or defective condition assessed by the Client:

• The Client refuses the product to the Carrier if this condition is assessed immediately upon delivery,
• The reasons for the refusal must be noted on the delivery note,
• The Client is invited to notify the Supplier at the following address: contact@lavie.bio within 3 days following the delivery with a copy of the signed delivery note.

The Supplier then commits to exchange any products that do not conform to the contract.

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ARTICLE 16 – WITHDRAWAL

Apart from the conditions provided in Article L221.3 of the Consumer Code, the Client has a period of seven (7) clear days from the delivery of their order to express to the Supplier their intention to withdraw, by registered letter addressed to SOLABLE, 8 avenue Fernand Julien 13410 LAMBESC or by email: contact@lavie.bio.

The Client may use the withdrawal form provided for this purpose at the end of these CGVL.

The Client must then return the products to the Supplier in their original packaging within 14 clear days (excluding weekends and public holidays) following the communication of their decision to withdraw. Return shipping costs are entirely the responsibility of the Client.

The Client’s liability will be engaged by the Supplier in the event of depreciation of the products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of these products.

Given the nature of the products, the right of withdrawal cannot be exercised for products that have been unsealed by the Client after delivery.

The Supplier will refund the Client the price of their order no later than 30 days following the date on which the Supplier became aware of the Client’s decision to withdraw.

The Supplier may defer the refund until the effective return of the products.

If the Client exercises their right of withdrawal, their bank account will be credited with the amount of the first payment made within a maximum of fourteen days following the date on which the right of withdrawal was exercised. This refund will be subject to the effective recovery of the item by the Supplier.

The right of withdrawal is exercised without penalty, except for return shipping costs.

The Client’s liability may be incurred in the event of depreciation of the product(s) resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the product(s).

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ARTICLE 17 – CONDITIONS OF USE

17.1 USE/MAINTENANCE

Throughout the duration of the subscription, the Client must use the product under normal conditions of use, keeping it in good working order by using maintenance products recommended by the manufacturer. The Client agrees to immediately inform the Supplier of any anomalies observed on the Products. Any repair costs resulting from a lack of maintenance on their part will be borne by them.

After-sales service is exclusively provided by the Supplier.

The Client is prohibited from opening, modifying, or repairing any equipment by their own means.

Failure to comply with this prohibition will constitute a breach of the Client’s contractual obligations, which may lead to the termination of the contract at the initiative of the Supplier and at the exclusive fault of the Client.

17.2 SUBLETTING OR SELLING THE PRODUCT

The Client is informed that the Supplier formally opposes any subletting or transfer of the leased property by the Client.

Subletting the leased product, making it available, and even more so selling it by the Client for the benefit of a third party, or exchanging it for another product, is strictly prohibited and contrary to the provisions and spirit of the contract, and may result in a claim for damages suffered by the Supplier.

17.3 ACCESSORIES

The products may be supplied with accessories (electrical connection cable, La Fontaine product reservoir, in particular).

All accessories must be returned in good condition with the associated product at the end of the contract or in the context of a repair by customer service.

In the event of non-return, loss, or damage to non-guaranteed accessories, these will be charged to the Client at the rate in effect on the day the contract was concluded.

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ARTICLE 18 – LIABILITY

18.1 INFORMATION CONTAINED IN THE ONLINE STORE

The Supplier strives to ensure the accuracy and updating of the information disseminated on the online store, which it reserves the right to modify at any time and without notice.

However, it cannot guarantee the accuracy, precision, or completeness of the information on the online store. Consequently, it disclaims any liability for inaccuracies, errors, or omissions regarding the available information, as well as any liability related to damages resulting from a fraudulent intrusion by a third party that led to a modification of the information contained on the online store.

The hyperlinks established towards other resources on the Internet do not engage the Supplier’s liability. Indeed, the Supplier has no means to control the Sites connected to its Site, of which the Client is expressly informed herein. Consequently, the risks associated with this use are fully borne by the Client.

Similarly, the photographs and texts reproduced and illustrating the Products presented are not contractual. Consequently, the Supplier’s liability cannot be engaged in the event of an error in one of these photographs or one of these texts.

The Client is called to take note of the technical characteristics and appearance of the products offered before proceeding to subscribe to the contract, as they are the only determining factors for the acceptance of the offer by the Client.

18.2 USE OF THE ONLINE STORE

The use and navigation on the online store are the responsibility of the Client. The Supplier disclaims all responsibility and cannot be held liable for any damages or viruses that may affect the computer equipment or any other material when accessing the Site, using the Site, or browsing the online store, downloading any content, data, texts, images, or files from the Site.

18.3 COMPLIANCE

The Supplier markets UV-A water purification systems.

The Supplier declares that it markets products that comply with the applicable French and European regulations, as in force on the day of delivery of the products.

The Supplier declares to be in compliance with the waste treatment obligations related to Law No. 2020-105 of February 10, 2020, concerning the fight against waste and the circular economy and to adhere to an eco-organization.

Compliance with the applicable regulations for the product outside the territories of the European Union is the sole responsibility of the Client.

18.4 INSTRUCTIONS AND PRECAUTIONS FOR USE

The Supplier includes with the shipment of any product ordered by the Client the user manual in electronic version, via a direct internet link to the following address: https://lavie.bio

The Client must read and comply with the Precautions for use before any use of the delivered products.

The information provided regarding the marketed products is for informational purposes only. It cannot in any case constitute medical information nor engage the responsibility of the Supplier.

The Supplier disclaims all responsibility and cannot be held liable for any damages caused to the Client or a third party due to the use of the Product not in accordance with its intended purpose.

The total or partial inability to use products due to incompatibility of materials shall not give rise to any compensation or reimbursement and shall not engage the responsibility of the Supplier.

18.5 CONDITIONS FOR USE OF PRODUCTS

The renting Client does not acquire any ownership rights over all or part of the product. They remain the property of the Supplier, whether or not they have been billed to the Client. The same applies to replaced parts and subassemblies.

The delivery of the products transfers the risks of the legal custody of these products and engages the responsibility of the Client in case of theft, loss, and for the damages they may cause during the use and possession of these products, until their return, excluding those arising from a product failure or the lessor.

18.5.1 INCIDENT AFFECTING THE ITEM SUBJECT TO RENTAL

a. Incident attributable to the client

The Client assumes this custody under their full responsibility and commits to taking all necessary care and diligence to avoid damaging the rented products and to take all necessary precautions regarding their use.

This responsibility includes any event that engages their liability (negligence, failure, imprudence…) occurring during their possession and use, whether covered by insurance guaranteeing their liability towards third parties or not.

Their responsibility will extend to the consequences of events arising during the period of possession and use but whose harmful consequences only become apparent after the return of the product to the Supplier.

b. Incident not attributable to the client

In the event of deterioration, alteration, or destruction of the product resulting from an external event independent of the Client’s will (force majeure, act of a third party…), the Client must return to the Supplier the amount of compensation received from their insurance for the rented product, insofar as the Client is not the owner of the item but is responsible for its custody.

The Supplier urges each Client to subscribe to any insurance that may guarantee the preservation of their interests. In the event of non-subscription, the Client will assume sole responsibility for the financial loss in favor of the Supplier.

The Client agrees to enforce at all times and at their own expense, the property rights of the Supplier.

18.5.2 SEIZURE OF THE LEASED PROPERTY

In the event that the property is subject to seizure, with or without removal, the Client agrees to notify the Supplier without delay and to undertake all steps to have the seizure declared null and void and for the Supplier to be restored in the rights attached to their property.

If the seizure cannot be lifted for nullity within 7 days, the contract will then be automatically terminated due to the exclusive fault of the Client, who will remain liable to pay the Supplier an amount equivalent to the value of the product if it could not be recovered by the Supplier.

The Client will also be exposed to the Supplier claiming all procedural costs incurred in order to be restored in their property rights.

18.6 CLIENT RESPONSIBILITY

The Client is advised that they cannot use the leased equipment for any purpose other than that for which it is intended, nor violate the common-sense safety rules attached to it.

If the product is not repairable, the Client will owe the Supplier the full value of the product.

Furthermore, the Client is also liable for any logistical costs incurred due to the incident.

In any case, the Client agrees to return to the Supplier, at the end of the lease, the leased product(s) in good physical and operational condition.

If a breach of this obligation is noted at the time of product recovery, any potential repair costs resulting from this will be charged back to the Client, as detailed in Article 13.2 herein.

In the event of theft of the leased product, the Client must inform the Supplier as soon as possible.

It is the Client’s responsibility to file a complaint with the Police or Gendarmerie Services, and to initiate a claim with their Insurance company.

The said complaint, as well as all elements opened with the insurance company (entity, file number, contact person, phone numbers…) must be sent to the Supplier either by postal mail or electronically.

The Supplier will then contact the said insurance company and will take care of providing them with all necessary elements for their compensation.

A new product will be sent to the Client once the Supplier has been compensated for the theft of the product(s).

The Client is advised that during the entire duration of this procedure, the rental contract will not be subject to any suspension or closure and that the monthly payments will continue to be normally collected.

Furthermore, the Supplier cannot be held responsible for the proper handling of the compensation for the product(s) by the Client’s insurance company or for their compensation timeline, unless this refusal of coverage was the result of a lack of diligence on the part of the Supplier.

In the event that the insurance company does not cover the compensation, the Client will then owe the Supplier the full value of the product.

For all practical purposes, it is reminded that the Client, not being the owner of the leased property but only having its legal custody, is prohibited from alienating it in any way.

Otherwise, they will be liable for the full reimbursement of the product’s value, notwithstanding any criminal proceedings that the Supplier reserves the right to initiate.

As a reminder, the Client is responsible for the confidentiality of their account, password, access restrictions to their computer and other equipment, and to the extent permitted by applicable law, agrees to be responsible for all activities that have been conducted from their account or with their password. The Client agrees to take all necessary measures to ensure that their password remains confidential and secure.

The Client is responsible for the validity and completeness of the information provided to the Supplier and agrees to contact the company in case of any changes to this information.

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ARTICLE 19 – SERVICES AND WARRANTIES INCLUDED IN THE RENTAL AGREEMENT

19.1 WARRANTIES

The Supplier is liable for defects in conformity of the Product under the conditions provided in articles 1720 and 1721 of the civil code.

They are required to deliver the Product in good repair and must carry out, during the rental period, all repairs that may become necessary, other than those that are the responsibility of the lessee.

The Supplier guarantees the Client against all defects or faults in the Product that prevent its use and is obliged to compensate the Client for the consequences of these defects or faults.

19.2 SERVICES

In addition to providing the product subject to the contract, the rental agreement includes a set of services whose nature and extent are described below:

• Delivery and collection of the product(s), in accordance with the provisions of articles 6.2 and 13 of these GTC.
• Customer Service:

In case of product failure, understood as damage affecting its proper functioning and resulting from an internal phenomenon, the Client will contact the Supplier’s Customer Service via the email address contact@lavie.bio. The Supplier also ensures the coverage, in case of failure, of the accessories necessary for the use of the main product, for the entire rental period of the product.

After confirmation of the failure by the Supplier’s technical services, the product will be repaired or replaced at the Supplier’s discretion with a new product of the same reference, or a refurbished product of the same reference.

The Client agrees not to carry out repairs themselves and to comply with the instructions given by the Supplier. Otherwise, the warranty offered by the Supplier would become unenforceable against the Client.

In case of workshop repair, the products will be taken care of by a courier to be sent to a technical station or a prepaid label will be made available to the Client for sending their product to the repair station.

An assessment will be carried out by the Supplier’s technical service and repairs will be made by them if necessary.

For any mode of service, in case of a repair time exceeding 14 days or irreparability of the product and provided that the Client has done everything possible to enable the repairs, an exchange will be made for an identical product (with the same technical characteristics). The color of the product is not part of its technical characteristics.

Throughout the duration of the Customer Service intervention, the Client agrees to respond to the Supplier’s requests within one month, failing which the file will be automatically closed.

19.3 EXCLUSIONS AND LIMITATIONS OF LIABILITY

The Supplier’s liability cannot be engaged in case of abnormal use or use of the Product under conditions different from those for which it was manufactured, non-compliance with the user manual and safety precautions communicated by the Supplier.

It cannot be engaged either in case of negligence or lack of maintenance on the part of the Client, as well as in case of non-compliance with the safety and common sense rules attached.

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ARTICLE 20 – TERMINATION OF THE RENTAL AGREEMENT

20.1 TERMINATION IN CASE OF DEATH

In case of the Client’s death, the rental agreement will be terminated by operation of law subject to the submission of supporting documents to the Supplier.

20.2 TERMINATION OF THE RENTAL CONTRACT AT THE REQUEST OF THE CLIENT

The rental contract is concluded for an indefinite duration.

The Client may decide to terminate the rental contract at any time, with a notice period of ten (10) days. The request to close the contract can be made by sending a registered letter with acknowledgment of receipt to SOLABLE, 8 avenue Fernand Julien 13410 LAMBESC, or an email to the following address: contact@lavie.bio

To ensure the smooth running of the procedure, it is the Client’s responsibility to ensure that their postal, email, and telephone contact details are up to date.

The Client agrees to return the product at the end of their commitment.

Any request to close the contract will only be valid upon receipt of the product by the Supplier, in accordance with the conditions of Article 13.1 of these Terms. In the event of non-return, the contract will continue, and the Client will continue to be charged until the product is effectively returned.

In the absence of product return, the Client is informed that they will owe the Supplier a fixed compensation corresponding to a multiplier applied to the first payment made at the time of subscription, equivalent to twelve (12) times the amount of the first payment.

This amount may be deducted by the Supplier after a period of fifteen days following the end of the contract. The deduction of this compensation will constitute a final and definitive settlement regarding the face value of the unreturned product.

20.3 AUTOMATIC TERMINATION FOR CONTRACTUAL NON-EXECUTION BY THE CLIENT (RESOLUTORY CLAUSE)

In the event of non-performance of any of the obligations imposed on the Client by this contract, and in particular in the event of non-payment of rent, the contract is automatically terminated without any formalities at the Supplier’s discretion, 15 days after notification of a formal notice by registered letter with acknowledgment of receipt that has remained totally or partially ineffective in accordance with the provisions of Articles 1219 and 1226 of the Civil Code, unless this contractual non-performance is due to force majeure as defined in Article 1218 of the Civil Code and recognized as such by jurisprudence.

In this case, the Client must immediately and at their own expense return the Product(s) to the Supplier. The latter reserves the right to initiate an early recovery of the rented products.

Furthermore, the Client remains liable for unpaid rents due and, as a fixed compensation, an amount equivalent to twelve (12) times the amount of the first unpaid rent.

The Tenant, who no longer has the right to use the equipment, remains responsible until its return and becomes a custodian within the meaning of Article 1915 of the Civil Code.

The Supplier reserves the right to engage a service provider of its choice for the recovery of its debts.

20.4 UNILATERAL TERMINATION DUE TO CHANGES IN REGULATIONS

In the event of any new regulation requiring the compliance of the rented product with new regulatory requirements, the Supplier reserves the right to unilaterally terminate the rental contract, automatically and with immediate effect, without any financial repercussions for the Client.

The Supplier agrees to notify the Client ten (10) days before the termination of the contract. The return of the Product(s) will be organized by the Supplier via its carrier, who will contact the Client directly to proceed with the return.

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ARTICLE 21 – RETURN OF THE PRODUCT

21.1 CONDITIONS

Upon termination of the contract by the Client, and unless expressly agreed otherwise, the Client agrees to return the product within seven (7) working days to the following address: SOLABLE, 8 avenue Fernand Julien 13410 LAMBESC.

In the event of unilateral termination by the Supplier, the Client agrees to make the product available within two (2) to seven (7) working days once the carrier has been mandated, for its return by the Supplier or its Carrier.

The Client establishes a contradictory report with the Supplier or its Carrier, noting the physical condition of the product on that date.

This condition is signed by each party. It serves as proof, notifying the date of the return of the product(s) subject to the rental and the date of transfer of risks.

The Client must be up to date with the payment of their monthly installments.

Just as for the delivery of the product, in case of the Client’s absence during the return of the Product, they will be charged for the missed delivery cost, at the delivery rate published on the online store on the scheduled return date.

Neither Party shall be held responsible to the other for delays in the return of the product caused by the other party due to the occurrence of a force majeure event usually recognized by French jurisprudence.

The Client cannot be held responsible for their absence during this appointment if it is due to the fault of the lessor or a third party.

21.1 CONDITIONS

Upon its return, the condition of the product must correspond to a state of good functioning, with wear resulting only from normal use.

The product must be returned in an optimal state of cleanliness with all accessories.

Any missing accessory will be re-invoiced to the Client, in accordance with the applicable rate on the day of the contract conclusion.

Only slight aesthetic defects will be tolerated, in a functional state of use, without degradation, breakage, or marked scratches, and without missing components.

Declared damages at the return will be subject to billing to the Client according to the applicable rates mentioned on the Supplier’s website for restoration, cleaning, or recycling of the product.

If the product is damaged and not repairable, the Client will owe a flat fee corresponding to a multiplier applied to the first payment made at the time of subscription, which is twelve (12) times the amount of the first increased rent.

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III. COMMON CLAUSES FOR THE SALE AND RENTAL OF LAVIE PRODUCTS

ARTICLE 22 – SECURING TRANSACTIONS

Transactions made on the online store by credit card are secured by the 3D-Secure (3DS) payment system linked to the Client’s bank. All information exchanged to process the payment is encrypted using the SSL protocol. This data cannot be detected, intercepted, or used by third parties. The Supplier does not retain this data on its computer systems.

3BS is a technical service provider and does not handle disputes related to contract subscriptions. These must be resolved directly with the Supplier and/or the Client’s bank.

Entering credit card details is secured by the 3DS payment system. The Client agrees to the use of their personal data for the issuance and retention of an electronic certificate for the purpose of signing an online direct debit mandate.

ARTICLE 23 INTELLECTUAL PROPERTY AND COUNTERFEITING WARRANTY

The sale or rental of the Products does not confer any rights to the Client over the trademarks or distinctive signs affixed by the Supplier on the Products and the associated documentation. Furthermore, the Supplier remains the owner of all intellectual property rights, including patents, photographs, presentations, studies, drawings, models, prototypes created in the context of providing the Products.

Consequently, the Client is prohibited from any reproduction or exploitation of said photographs, presentations, studies, drawings, models, and prototypes, without the express, written, and prior authorization of the Supplier.

The Supplier holds all intellectual property rights and all necessary authorizations related to the Products and the associated documentation and guarantees that the Products and the associated documentation do not constitute a violation of intellectual property rights or any other rights belonging to a third party.

The entire content of the site https://lavie.bio is owned and controlled by the Provider and is protected by all legislation relating to intellectual property and unfair competition. By content, the Provider means to protect in particular the structure, appearance, presentation, interface, and computer code appearing on said website.

The Provider agrees to defend the Client and to bear (notably through a transactional route) and/or indemnify the Client for any damages that may result from any action or claim by a third party concerning the Products or the associated documentation.

Consequently, the Provider agrees to intervene at the request of the Client in the event that the Products or the associated documentation are challenged in court. If a court were to decide that the Products or the associated documentation constitute a violation of intellectual property rights or any other rights belonging to a third party, the Provider must then, notwithstanding the Client’s right to seek compensation for any damage resulting from this action, and in particular for all damages that would be charged to the Client:

• either obtain, at its own expense and without delay, the right for the Client to continue using the Products or the associated documentation,
• or substitute the challenged elements with new elements approved by the Client and not contested by third parties.

ARTICLE 24 – INSURANCE

Each Party agrees to take out at its own expense the necessary insurance guarantees to cover the liabilities it incurs due to the execution of this contract.

In this regard, the Client agrees to take out insurance covering any damage that may be suffered, in any location and value of the goods, Products, packaging stored with the Manufacturer.

The Provider declares that it holds an insurance policy guaranteeing the financial consequences of its tortious or contractual liability that may arise in the context of the sale of the Products.

In all cases, the Parties must provide, upon simple request from either of them, suitable insurance covering the products until their arrival at the Client’s premises or any other destination approved by them.

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ARTICLE 25 – FORCE MAJEURE

No Party shall be held responsible for its delay or failure to perform any of the obligations imposed on it under these GTC, if such delay or failure is the direct or indirect result of a case of force majeure understood in a broader sense than French case law, such as:

• Occurrence of a natural disaster.
• Earthquake.
• Storm.
• Fire.
• Flood.
• Armed conflict.
• War.
• Conflict.
• Attack.
• Labor dispute, total or partial strike at the supplier or client.
• Labor dispute total or partial strike at service provider transporters and public service, etc…
• Imperative injunction from public authorities.
• Import ban embargo.
• Operational accident.
• Machine breakage and explosion.
• Act of God.
• Epidemic or Pandemic both on a national and global scale.

The Party invoking an event constituting force majeure must notify the other Party within five (5) days following the occurrence of this event. Furthermore, it agrees to make its best efforts to limit the consequences of this event.

In the event that a force majeure event persists for more than ten (10) days, the Parties will meet to determine the conditions under which these GTC will be maintained or terminated.

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ARTICLE 26 – COMPUTER LAW AND FREEDOMS – PROCESSING OF PERSONAL DATA

The Supplier declares to comply with Regulation (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as GDPR); as well as Ordinance No. 2018-1125 of December 12, 2018, taken in application of Article 32 of Law No. 2018-493 of June 20, 2018, relating to the protection of personal data and amending Law No. 78-17 of January 6, 1978, relating to computing, files, and freedoms, and various provisions concerning the protection of personal data.

The Supplier may collect personal data of the natural person acting on behalf of the Client, transmitted during the order placement (via the contact form or order form and the online store).

Collection is understood in the sense of Article 4 (2) of the GDPR.

The Supplier uses the information collected in accordance with Article 5 of the GDPR. The Supplier is authorized to send all information related to its products and to transmit its commercial offers to the Client. The Supplier commits to respecting the privacy of the natural person acting on behalf of the Client and to protecting the data communicated by them on the order form.

In accordance with the “Informatique et Libertés” law of January 6, 1978, as amended, and Article 15 of the GDPR, the natural person acting on behalf of the Client has the right to access their personal data.
According to Article 16 of the GDPR, they also have the right to rectification and deletion (Article 17 of the GDPR) of their personal data.

They can exercise this right at any time by sending an email to the following address: contact@lavie.bio, indicating their name, first name, and address, as well as the subject of their request.

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ARTICLE 27 – APPLICABLE LAW – MEDIATION – COMPETENT JURISDICTION

27.1. Applicable law

By express agreement between the Parties, these General Terms and Conditions of Sale (CGVL) are governed by and subject to French law.

27.2. Prior mediation

Disputes that may arise regarding the validity, interpretation, execution, or non-execution of these CGV will first be submitted to mediation, the parties choosing to refer in case of difficulty to the AIX-MED Mediation and Arbitration Center – 33 Rue Emeric David -13100 Aix-en-Provence, by registered letter or by email.

During the mediation period, the parties are prohibited from initiating any legal action against each other for any dispute arising from the interpretation or execution of this agreement.

However, by exception, even during the mediation period, the parties may seek judicial measures based on Article 145 of the Code of Civil Procedure.

In no case shall the mediator be entrusted with a mission of arbitration. They will carry out their mission with independence, impartiality, neutrality, and benevolence accordingly.

In application of Article 21-3 of Law No. 95-125 of February 8, 1995, the parties have decided to submit mediation to the principle of confidentiality.

The costs of mediation will be borne, by default, equally by each party, or, if they wish, according to another distribution that they will agree upon in writing.

The parties agree that mediation will be terminated either:

• by the conclusion of a mediation agreement subject to the provisions of Articles 1103 and following of the Civil Code
• by the cessation of the mediation process at the initiative of either party and/or the mediator
• by the failure of the parties to agree on the resolution of their dispute as noted by the mediator.

27.3. Competent court

In case of failure of mediation, any dispute to which these CGV may give rise, concerning its validity, interpretation, execution, and termination, will be submitted to the jurisdiction of the Courts of Aix-en-Provence.

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ARTICLE 28 – ELECTION OF DOMICILE

For the purposes hereof, the Parties elect domicile at the addresses indicated at the top of the Order. Any modification must be notified to the other Party by registered letter with acknowledgment of receipt, in order to be enforceable against it.

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ARTICLE 29 – CONTRACTUAL DOCUMENTS

The contractual relations between the Client and the Company are governed by the following documents, ranked in ascending hierarchical order:

• The General Terms and Conditions of Sale and Rental and their possible annexes (including the Order form)
• The Orders (including via the online store) or the subscription of a rental via the online store

Client’s Signature

“Good for acceptance”

Date…. (indicate the date)[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

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ANNEX 1

Withdrawal Form.

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

To the attention of SOLABLE SAS with a capital of €13,500, having its registered office at 8 avenue Fernand JULIEN, 13410 Lambesc (France).

I hereby notify you of my withdrawal from the contract concerning the rental of the property below:

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

Consumer’s name : …………………………………………………………………

Consumer’s address : ………………………………………………………………

Consumer’s signature (only in case of notification of this form on paper)

Date :……………………………………………

(*) Cross out the unnecessary mention.