Terms and Conditions of Sale

Article 1 – Definitions

These Terms and Conditions of Sale (hereinafter the "T&Cs") are offered by the company Sandra Auger, under number 2280866494, whose registered office is located at 117 de la Renaissance, Sainte-Sophie, Québec, Canada (hereinafter "soiflex.com").

The following terms shall hereinafter be referred to as:

"Site": the website "https://soiflex.com" and all of its pages, the exclusive property of the Company.

"Products" or "Services": all of the products (goods) and services (performances) that may be purchased or subscribed to on the Site.

"Seller": SOIFLEX.COM, a legal entity or natural person, offering its Products or Services on the Site.

"Customer": the internet user, whether a private individual or a professional, making a purchase of Product(s) or Service(s) on the Site.

"Consumer", in accordance with the definition in the preliminary article of the French Consumer Code: "any natural person acting for purposes which are outside the scope of their commercial, industrial, craft or professional activity."

Any internet user visiting the Site who is interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or to save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the T&Cs and accepts them in full.

Article 2 – Application of the T&Cs and purpose of the Site

The Seller reserves the right to modify the T&Cs at any time by publishing a new version thereof on the Site.

The T&Cs applicable to the Customer are those in force on the day of their order on the Site.

The legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general terms of use, the legal notices and the data policy of this Site.

This Site offers the online sale of Sports and Fitness products.

The Site is freely accessible at no cost to any Customer. The purchase of a Product or a Service implies the Customer's acceptance of these T&Cs in their entirety, whereby the Customer acknowledges having taken full notice of them. This acceptance may consist, for example, of the Customer ticking the box corresponding to the sentence accepting these T&Cs, for instance bearing the wording "I acknowledge that I have read and accepted all of the general terms and conditions of the Site." Ticking this box shall be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these T&Cs assumes that Customers have the legal capacity required to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, a curator or their legal representative.

The Customer acknowledges the evidential value of the Seller's automatic recording systems and, unless they can provide proof to the contrary, they waive the right to contest them in the event of a dispute.

Any Order for Products implies the Customer's unreserved acceptance of and full adherence to these Terms and Conditions of Sale, which prevail over any other document such as catalogues, advertisements or notices, unless expressly agreed otherwise in advance by the Company.

Article 3 – Customer service

The customer service department of this Site can be reached by email at the following address: "contact@soiflex.com", via the contact form, or by post at the address indicated in the legal notices. The Customer must indicate in the email their first name, surname, the subject of their request and their Order number.

For any professional inquiry (partnership, media, contract proposal), the Company can only be reached by email at contact@soiflex.com.

Article 4 – Ordering procedure and description of the purchase process

The Products and Services offered are those listed in the catalogue published on the Site. Each product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.

The photographs on the Site are not contractually binding and may vary noticeably from the models photographed. These variations are due to the settings of different screens and cameras, the lighting of the products, the angle of the shot, etc.

The "Cart" is defined below as the intangible object grouping together all of the Products or Services selected by the Customer of the Site with a view to a purchase, by having clicked on these items. In order to place an order, the Customer selects the Product(s) they wish to order by adding them to their "Cart", the contents of which may be modified at any time.

The Customer places the Order via the Site: the Customer records and validates the Order on the Site.

To place an Order on the Site, the Customer freely selects one or more Products from the Site's catalogue by clicking on the "Add to Cart" button. On the "Cart" page, the Customer has the opportunity to check the details of their Order and to correct any errors before confirming it.

On the "Information" page, the Customer must enter their contact details. They may opt for order tracking by email by ticking the required box.

On the "Shipping" page, the Customer must choose the shipping method offered to them.

On the "Confirmation" page, the Customer must enter their bank details as well as the billing address. The Customer also has the option of entering a promotional code if they have one.

A complete summary of the Order is then displayed. The Customer has the opportunity to modify any element of the Order before finalizing it. The Customer is responsible for any errors relating to the Order, the Products and the contact details.

The sale is validly formed when the Customer has confirmed the Order by clicking on the "Complete my order" button, has accepted the Terms and Conditions of Sale, and has made payment according to the method they have chosen, subject to the exercise of the right of withdrawal.

The validation date of the Order corresponds to the date of receipt of the full cash payment of the total price inclusive of tax, duly recorded.

Article 5 – Prices and payment terms

Unless otherwise stated, the prices shown in the catalogue are expressed in Euros, inclusive of all taxes (incl. VAT), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.

soiflex reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. Nevertheless, the price shown in the catalogue on the day of the order shall be the only one applicable to the Customer.

The Customer may place an order on this Site and may make payment by Credit/Debit Card, Bancontact, Apple Pay or PayPal. Card payments are made by means of secure transactions provided by an online payment platform provider.

This Site has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank or the payment provider receiving the Customer's payment. In the event of payment by bank transfer, the delivery times defined in the "Deliveries" article of these T&Cs only begin to run from the date of actual receipt of payment by the Seller, who may provide proof thereof by any means. The availability of the Products is indicated on the Site, in the description sheet of each Product.

soiflex will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery restrictions; orders can be shipped anywhere in the world. The delivery times indicated at the time of the order are for information purposes only and remain subject to possible delays by postal services or other particular circumstances preventing delivery (demonstrations, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and to the French Overseas Territories (Dom-Tom), the Customer declares themselves the importer of the Product and accepts that in such a case the Seller may be materially unable to provide them with accurate information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.

In the case of hand delivery, the customer may refuse a parcel at the time of delivery if they notice an anomaly concerning the delivery (damage, Product missing from the delivery note, damaged parcel, broken Products, etc.); any anomaly must then imperatively be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective parcel(s) in the presence of the carrier and have the carrier take back the damaged goods. In the case of delivery to a letterbox, the customer undertakes to check the parcel immediately and to contact soiflex.com support if they notice any anomaly. Failing compliance with these requirements, the Customer will not be able to exercise their right of refusal, and the Seller will not be required to grant the Customer's request to exercise the right of refusal.

If the Customer's parcel is returned to the Seller by the postal service or other postal providers, the Seller will contact the Customer upon receipt of the returned parcel to ask them what to do with their order. If the Customer refused the parcel by mistake, they may request that it be resent by first paying the postal costs for the new shipment. The postal costs must be paid even for orders for which shipping costs were offered free of charge at the time of the order.

In the event of a delivery error or an exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling by the Customer cannot be attributed to the Seller.

Any delivery delay in relation to the date or timeframe indicated to the Consumer Customer at the time of their order or, in the absence of an indication of a date or timeframe at the time of the order, exceeding thirty (30) days from the conclusion of the contract, may result in the cancellation of the sale at the initiative of the Consumer Customer, upon written request on their part by registered letter with acknowledgement of receipt, if, after having instructed the Seller to make the delivery, the Seller has failed to do so. The Consumer Customer will then be refunded, at the latest within fourteen (14) days following the date on which the contract was terminated, of all sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Special case of a parcel whose tracking number indicates that it has been "delivered" but which has not been received in the letterbox: if the Customer notices and informs the Seller that the parcel is not in their letterbox even though its tracking number indicates that it has been "delivered", the customer service department may ask them for additional information as well as an official document from the postal service responding to their claim regarding the corresponding tracking number. The Seller will then make every effort to ensure the Customer's satisfaction by offering, in particular, the immediate reshipment of the products at its own expense.

Article 7 – Right of withdrawal and withdrawal form

The Consumer Customer has fourteen (14) working days from the date of receipt of the product of their order to withdraw. They will be required to return any product that does not suit them and to request an exchange or a refund without penalty, with the exception of return costs, within fourteen days of receipt by soiflex.com of the refund request.

The Product must be returned in perfect condition, in its original packaging (blister pack) and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to soiflex.com. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal.

It is recommended that the Customer make the return using a solution that allows the parcel to be tracked. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to launch an inquiry with the postal services to ask them to locate it.

The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller may use another means of payment, and provided that the refund does not incur any costs for the Customer.

The Seller also reserves the right to defer the refund until receipt of the Product or for as long as the Customer has not demonstrated that they have shipped the Product, if such demonstration has not previously taken place.

In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

In accordance with Article L121-17 of the French Consumer Code (the "Hamon Law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:

Withdrawal Form

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

For the attention of:

Sandra Auger – 117 de la Renaissance, Québec, Canada

I / we () hereby notify you of my / our () withdrawal from the contract for the sale of the goods below:

Order number:

Surname / First name:

Telephone number:

Email address:

Postal address:

Reason for the claim:

• Exchange* (specify the desired product)
• Refund* (attach full bank details with IBAN and BIC stated)

Signature of the Customer(s) (only if this form is submitted on paper):

Date:

(*) Delete as appropriate.

Article 8 – Product Warranty

Statutory provisions to be reproduced

The statutory warranty of conformity applies independently of any commercial warranty that may be granted.

The consumer may decide to invoke the warranty against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code, unless the seller has stipulated that they will not be bound by any warranty; in the event that this warranty is invoked, the buyer has the choice between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code. They have a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the date on which the right arose, in accordance with Article 2232 of the French Civil Code.

All items purchased on this site benefit from the following statutory warranties, provided for by the French Civil Code:

Statutory warranty of conformity

The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and to be liable for any lack of conformity existing at the time of delivery of the Product. The warranty of conformity may be exercised if a defect existed on the day the Product was taken into possession.

However, it will be up to the Customer to prove that the defect indeed existed at the time the Product was taken into possession.

"In the event of a lack of conformity, the buyer shall choose between the repair and the replacement of the goods. However, the seller may decline to proceed according to the buyer's choice if that choice entails a cost that is manifestly disproportionate compared to the other option, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, according to the option not chosen by the buyer."

Statutory warranty against hidden defects

In the event of non-conformity of a delivered Product, it may be returned to the Seller, who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be refunded the amount of their order by cheque or bank transfer. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) shall then be borne by the Seller.

Article 9 – Liability

The Seller, soiflex.com, cannot be held liable for the non-performance of the concluded contract due to the occurrence of a force majeure event. With regard to the Products purchased, the Seller shall bear no liability for any indirect damages arising hereunder, loss of business, loss of profit, damages or expenses that may arise.

The choice and purchase of a Product or a Service are placed under the sole responsibility of the Customer. The total or partial inability to use the Products, in particular due to hardware incompatibility, cannot give rise to any compensation, refund or liability claim against the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal, where applicable, that is, if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows for withdrawal, in accordance with Article L 121-21 of the French Consumer Code.

The Customer expressly acknowledges that they use the Site at their own risk and under their exclusive responsibility. In any event, soiflex.com cannot under any circumstances be held liable:

• for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers or of data that may result, among other things, from the use of the Site, or conversely from the inability to use it;
• for any malfunction, unavailability of access, misuse, incorrect configuration of the Customer's computer, or the Customer's use of an uncommon browser;
• for the content of advertisements and other links or external sources accessible to Customers from the Site.

The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals on the Site or if the latter are incorrect or incomplete.

Article 10 – Force majeure

In accordance with Article 1218 of the French Civil Code, events beyond the control of the parties, which they could not reasonably have been expected to foresee, and which they could not reasonably avoid or overcome, are considered cases of force majeure or fortuitous events, insofar as their occurrence makes the performance of the obligations totally impossible.

The occurrence of a force majeure event shall automatically suspend the performance of the Order.

Beyond a period of ninety (90) calendar days, if the parties find that the force majeure event persists, the Order may be cancelled by either party, and the sales contract terminated. To this end, the more diligent party shall send the other a registered letter with acknowledgement of receipt terminating the said sales contract.

The effective date of termination shall be the date of first presentation of the letter. In this case, neither party may claim damages, unless otherwise agreed by both parties.

Article 11 – Intellectual property rights

All elements of this Site belong to the Seller or to an authorized third party, or are used by the Seller with the permission of their owners.

All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright law, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use in any capacity whatsoever, even partially, any elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request by the Company.

Only the use of the Site for private purposes is authorized, subject to different or even more restrictive provisions of the French Intellectual Property Code.

Any total or partial reproduction of the Company's catalogue is strictly prohibited. Any other use constitutes infringement and is punishable under Intellectual Property law, except with prior authorization.

Any reproduction, representation or adaptation of the logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes infringement.

Any Customer found guilty of infringement may have their account deleted without notice or compensation, and without this deletion constituting damage to them, without prejudice to possible subsequent legal proceedings against them, at the initiative of the Seller or its authorized representative.

The trademarks and logos contained on the Site may be registered by soiflex.com, or possibly by one of its partners. Any person carrying out their representation, reproduction, embedding, distribution or rebroadcasting incurs the penalties provided for in Articles L.713-2 et seq. of the French Intellectual Property Code.

Article 12 – Processing of personal data

The Company collects the Customer's data:

a) for the purposes of processing and tracking the Customer's Order on its Site; (and/or)

b) in order to be able to contact you about various events relating to the Company, including in particular Product updates and customer relationship management; (and/or)

c) for the purposes of collecting information enabling us to improve the Site and our Products (in particular through cookies).

The data collected is processed by the Site's contractual service providers, who are responsible for packaging and distributing the Products ordered, as well as by the hosting provider, Shopify Inc., whose servers are secure and protected by a firewall.

The data collected is kept by the Company only for the time corresponding to the purposes of the collection stated above and shall in no event exceed five (5) years.

In accordance with French Law No. 2018-493 of 20 June 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (GDPR), the Customer has a right of access, modification, rectification, deletion or objection on legitimate grounds with regard to their data.

The Customer may exercise their rights by email at contact@soiflex.com.

Article 13 – Comments and other user submissions

If the Customer sends ideas, proposals or other materials, whether online, by email, by post or otherwise (collectively, "comments"), whether at the Company's request or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comment that the Customer sends to it.

The Company is not and shall not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to comments.

The Company may monitor, modify or remove content that it deems, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale.

The Customer undertakes to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality or other personal or proprietary rights. The Customer undertakes not to include in their comments any unlawful, defamatory, offensive or obscene content, and that they will not contain any computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Customer undertakes not to use a false email address, to pretend to be someone else, or to attempt to mislead the Company and/or third parties as to the origin of their comments.

The Customer is entirely responsible for the comments they publish and for their accuracy. The Company assumes no responsibility and disclaims any liability with respect to comments published by the Customer or any third party.

Article 14 – Severability of clauses

If any provision of the T&Cs is held to be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.

These T&Cs supersede all prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable or sub-licensable by the Customer.

A printed version of the T&Cs and of any notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs must be written in the French language.

Article 15 – Applicable law and mediation

These Terms and Conditions of Sale are governed by French law.

The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase made with a prohibited, blocked, stolen or falsified bank card. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these Terms and Conditions of Sale becomes void and unenforceable shall not call into question the validity of the other provisions and does not release the Customer from the performance of their contractual obligations.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, subsidiaries, affiliated companies, successors, assigns, directors, executives, agents, service providers, attorneys, suppliers and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our products and services, your breach of the terms, or your breach of your acknowledgements, agreements, representations, warranties and obligations herein.

National or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a Mediator approved by the French Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].

The European Commission's website describes the mediation process used and allows Customers to submit a mediation request online, accompanied by supporting documents.

In particular, the dispute cannot be examined by the Mediator if:

• the Customer does not provide evidence of having first attempted to resolve their dispute directly with the Company by means of a written complaint;
• the request is manifestly unfounded or abusive;
• the dispute has previously been examined or is currently being examined by another mediator or by a court;
• the consumer submitted their request to the mediator more than one year after their written complaint to the Company;
• the dispute does not fall within the Mediator's scope of competence.

Mediation is free of charge for the Customer. If the Customer uses, at any stage of the mediation, a lawyer, a third party of their choice or an expert to defend them, they alone shall bear the costs.

The Mediator may not receive any instructions from the parties nor be remunerated based on the outcome.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent court.

Any dispute relating to the interpretation or performance of these terms and conditions of sale is governed by French law. In the event of a dispute, and after the failure of any attempt to find an amicable solution, the French courts shall have sole jurisdiction to hear the dispute.

The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase made with a prohibited or blocked bank card, or a stolen or falsified cheque. In this context, no attempt at amicable settlement will be accepted.

The fact that a clause of these Terms and Conditions of Sale becomes void and unenforceable shall not call into question the validity of the other provisions and shall not release the Customer from the performance of their contractual obligations.

Parts warranty:

The warranty is limited to 30 days from the date of purchase under normal conditions of use and excludes any failure caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

All rights reserved – 1 July 2022

Article 16 – SMS Policy

SMS Policy:

By consenting to soiflex.com's SMS marketing at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned checkout reminders), SMS marketing offers, and transactional SMS messages, including review requests from us, even if your mobile number is registered on any national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provided in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number from which you received the messages. You can also contact us at https://soiflex.com/pages/contact or by email at contact@soiflex.com for more information.

We have the right to change any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including STOP or HELP requests, may not be received, and we will not be required to honour requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for the failed, delayed or misdirected delivery of any information sent through the service, for any errors in such information, and/or for any action you may or may not take in reliance on the information or the service.

Your right to privacy is important to us. You can consult our privacy policy: https://soiflex.com/pages/politique-de-confidentialite to determine how we collect and use your personal information.