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GENERAL TERMS AND CONDITIONS OF SALE INTERNET - CONSUMERS

(B to C)

1. Scope of application

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales made by iHealthLabs Europe, a Société à Responsabilité Limitée à Associé Unique, registered with the Paris Trade and Companies Registry under number 792 514 341 (EORI: FR 792 514 341 00017), whose registered office is located at 36 rue de Ponthieu in Paris 8ème (75008) ("hereinafter referred to as the "Vendor") to non-professional buyers who declare that they have full legal capacity (hereinafter referred to as "the Customers or the "Customer"), wishing to purchase the products and services offered for sale by the Vendor ("the Products or the "Product") on the website www. ihealthlabs.eu (hereinafter referred to as the "Site"). In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

These General Terms and Conditions, which may be revised at any time, apply to all sales of products and services by the Vendor, and any additional information contained in any other document, prospectus or catalogue is for information purposes only.

Any order for a Product offered on the Site implies consultation and express acceptance of these General Terms and Conditions of Sale, without this acceptance being conditional on a handwritten signature by the Customer. In accordance with the provisions of articles 1316 to 1316-4 of the French Civil Code, supplemented by Decree no. 2001-272 of 30 March 2001, issued for the application of article 1316-4 of the French Civil Code and relating to electronic signatures, it should be noted that the validation of the order form, as specified in article 3 below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of the said order.

The Seller reserves the right to modify these General Terms and Conditions of Sale. The Customer will be informed of any new version of these Terms and Conditions on the Site and it will be his/her responsibility to read them.

The version on line on the Site will prevail over any other version of these General Terms and Conditions, with the exception of modifications made after an order has been placed, in accordance with common law.

2. Products

2.1 Product description

On the Site, the Vendor presents the Products and their detailed descriptions contained in the Product data sheets, giving the Customer the possibility of knowing the essential characteristics of the Products that they wish to purchase before placing a definitive order, in accordance with the provisions of article L 111-1 of the French Consumer Code.

The Vendor will make every effort to ensure that the colour and design of the Products whose photos are displayed on the Site are faithful to the original Products.

However, given the way in which the Products are presented on the Internet, it is possible that the impression perceived by the Customer of the photographic representation of the Products does not correspond exactly to the Product itself.

In the event of unavailability of the Product, in particular of the colour ordered by the Customer, the Seller may offer the Customer a Product of equivalent quality and price.

2.2 Product prices

The Products are supplied at the prices in force on the Site when the order is registered by the Seller. Prices are expressed in Euros, excluding VAT and including VAT. Prices are subject to French VAT and any change in the legal rate of this VAT will be reflected in the price of the Products presented on the Site, on the date stipulated by the relevant implementing decree.

The prices take into account any discounts granted by the Seller on the Site.

These prices are firm and non-revisable during their period of validity, as indicated on the Site, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, dispatch, transport and delivery, which are invoiced in addition, under the conditions indicated on the Site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

Specific orders from the Customer may be considered. Where applicable, they will be the subject of a quotation accepted in advance by the Customer. Quotations drawn up by the Vendor are valid for a period of 30 days from the date on which they are drawn up.

An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.

3. Orders

3.1 Ordering a Product on the Website

By browsing the Site, the Customer can freely take note of the various Products offered for sale on the day of consultation of the Site.

The contractual information is presented in French and is confirmed at the latest when the order is validated by the Customer.

Product offers are valid as long as they are visible on the Site, subject to availability.

The sale will only be considered definitive once the Vendor has sent the Customer confirmation of acceptance of the order by e-mail and once the Vendor has received payment in full.

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

Any order placed on the Site constitutes the formation of a distance contract between the Customer and the Vendor.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

3.2 Order process and validation

In order to order one of these Products, the Customer will click on the icon provided for this purpose and appearing next to each Product description.

At any time during the browsing process, the Customer can check the Products chosen (type, quantity, etc.) in the "My basket" section.

At any time during the order process, i.e. until actual payment has been made in accordance with the conditions set out in article 3.3 below, the Customer may return to the order in order to complete, modify or cancel it.

Once the selection of Products has been completed, the Customer will be invited via a new web page to provide his/her contact details by accurately completing the form provided.

Once the form has been completed, an order summary will contain all the information relating to the order, i.e. the type, quantity and price of the Products, the total amount of the order including delivery costs, the Customer's contact details, the delivery address and the invoicing address.

After checking the status of his/her order, the Customer will be invited :

Either to click on the "Checkout" button in order to pay for their order,
Or to click on the "Modify your basket" button in order to modify their order and/or personal details.

By clicking on the "Checkout" button during the ordering process, the Customer must first read these General Terms and Conditions of Sale and then tick a box opposite the message "I have read and accept these General Terms and Conditions of Sale".

The Customer must then proceed to pay for their order.

The data recorded on the Site by the Vendor constitutes proof of the transactions between the Vendor and the Customer.

3.3 Payment for the Product

3.3.1 Payment

Payment for the order is made online and must be made at the same time as the order, in accordance with the instructions given for this purpose during the order validation process. Payment shall be made in euros exclusively by bank card (CB, Visa, Mastercard), bank transfer or Paypal, to the exclusion of any other method of payment.

The Vendor uses a secure Ogone payment tool provided by the company Ingenico e-Commerce Solutions SAS, a simplified joint stock company, whose registered office is at 28-32 Boulevard de Grenelle, Paris 15th (75015), registered in the Paris Trade and Companies Register under number 435 236 898 (VAT: FR 11 435 236 898) and guarantees the Customer that it will never have access to confidential information relating to the means of payment used by the latter to pay for its order.

In order to proceed with the payment due, the Customer will be asked to provide the bank card number, the expiry date and, where applicable, the visual cryptogram. The Customer's bank details are requested with each order, as only the bank chosen by the Vendor to carry out the financial transaction remains in possession of the confidential information. To this end, the Customer guarantees the Vendor that he/she has the necessary authorisations to use the method of payment chosen when validating the order. In the event of a bank refusal, the order will be automatically cancelled and the Customer notified.

Once payment has been made for an order, a printable and saveable summary of the Customer's order will be displayed, showing in particular the order references.

3.3.2 Secured payment

Information relating to your order is subject to automated data processing for which Payplug is responsible. The purpose of this automated data processing is to define a level of analysis for a transaction and to combat credit card fraud.

In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and object to all personal data at any time by writing to privacy@payplug.com or by post, providing proof of identity, to :

Payplug - Délégué de la Protection Des Donnés - 110, Avenue de France 75013 Paris.

3.4 Order confirmation

The order will only be considered firm and definitive once it has been confirmed by the Vendor to the Customer.

The Vendor reserves the right to refuse any order or any delivery in the event of an existing dispute with the Customer, in particular following the Customer's failure to comply with the obligations subscribed to under the terms of these General Terms and Conditions of Sale (in particular in the event of a payment incident), without prejudice to any damages that the Vendor may claim.

Once the Customer has paid for the order, the Vendor will send confirmation by e-mail as soon as possible.

This order confirmation e-mail sent by the Vendor will contain the following information:

The order number and summary,
The total amount of the order,
Delivery charges,
Confirmation of payment,
The terms and conditions for exercising the right of withdrawal in accordance with Articles L 221-18 et seq. of the French Consumer Code,
The terms and conditions relating to the delivery of the Products ordered (including, in particular, the delivery time).

3.5 Product availability

The Products offered for sale by the Vendor are those which appear on the Site on the day of consultation of the Site by the Customer and within the limit of available stocks.

If a Product is unavailable, the Vendor will inform the Customer as soon as possible by e-mail. The order will be automatically cancelled and no bank debit will be made.

It is expressly stated that it is not the Vendor's intention under these General Terms and Conditions of Sale to sell the Products on the Site in large quantities. Consequently, the Seller reserves the right to refuse orders for the same Product in large quantities, starting from 3 identical Products.

4. Delivery - Acceptance

4.1 Delivery

The Vendor retains ownership of the Products until full payment of the order price (including delivery costs).

The Products ordered by the Customer will be delivered within the delivery time indicated on the order confirmation page, plus the time required to process and send the Products to the address indicated by the Customer when placing the order on the Site.

Delivery is only available to the following countries: Andorra, Austria, Belgium, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Liechtenstein, Lithuania, Luxembourg, Malta, Holland, Norway, Poland, Portugal, Romania, Holy See (Vatican City State), Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French Overseas Departments and Territories, the price will automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of the Seller. They shall be borne by the Customer and are the Customer's sole responsibility, both in terms of declarations and payments to the competent authorities/organisations in the Customer's country. The Vendor advises the Customer to obtain information on these aspects from his local authorities.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.

Except in special cases or where one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

The Vendor undertakes to make its best efforts to deliver the Products ordered by the Customer within the times specified above. However, these times are given for information only.

However, if the Products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

In the event of delivery by an independent carrier, deliveries will be made by the said carrier to the address given by the Customer when the order was placed and to which the carrier will have easy access.

Where the Customer has arranged for a carrier of its own choosing, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, once it has handed over the Products sold to the carrier, who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be the subject of a specific additional invoice, based on an estimate previously accepted in writing by the Customer.

4.2 Receipt of Products by the Customer

Each delivery is deemed to have been made as soon as the Products have been made available to the Customer by the carrier, as evidenced by the control system used by the said carrier.

It is the Customer's responsibility to check the conformity and integrity of the Products dispatched immediately upon receipt.

Without prejudice to the time limits available to the Customer by virtue of his right of withdrawal as specified in article 5 below, it is the responsibility of the recipient to check shipments on arrival and to make any reservations and complaints to the carrier that may appear justified in the event of delay, breakage or shortage.

The Customer must make complete and precise reservations in accordance with article L 133-3 of the French Commercial Code. Any reservations must be confirmed by registered letter with acknowledgement of receipt to the carrier within three (3) days of receipt.

Any reservation of this type must also be notified to the Seller, whose contact details appear on the Site, within the same period and in the same form. A copy of the complaint to the carrier must be enclosed.

5. Customer's right of withdrawal

5.1 Principle

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following notification to the Vendor of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted.

The right of withdrawal may be exercised online, using the withdrawal form available on the Site, in which case an acknowledgement of receipt on a durable medium will be immediately sent to the Customer by the Vendor, or any other unambiguous statement expressing the wish to withdraw.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer.

The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

5.2 Exceptions to the right of withdrawal

In accordance with the provisions of article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

6. Warranty and Conformity

The Vendor guarantees that the Products conform to the use for which they are intended and do not have any hidden defects or faults making them unsuitable for their normal use.

The Products supplied by the Vendor benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions:

the legal guarantee of conformity, for apparently defective, damaged or damaged Products or Products that do not correspond to the order,
the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use under the conditions and according to the procedures defined in the appendix to these General Terms and Conditions of Sale (Conformity Guarantee / Hidden Defects Guarantee).

In order to assert his rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum period of thirty (30) days from delivery of the Products or the existence of hidden defects within a maximum period of thirty (30) days from their discovery.

The Vendor will reimburse, replace or have repaired the Products or parts under guarantee that are deemed to be non-compliant or defective.

Postage costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.

Reimbursements for Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within thirty (30) days following the Vendor's finding of the non-conformity or hidden defect.

Reimbursement will be made by credit to the Customer's bank account or by cheque sent to the Customer.

The Vendor may not be held liable in the following cases:

failure to comply with the legislation of the country to which the products are delivered, which it is the Customer's responsibility to check,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.

The Vendor's guarantee is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

7. Transfer of ownership - Transfer of risks

7.1 Transfer of ownership - Seller's retention of title

The transfer of ownership of our products is suspended until full payment of the price of the products by the customer, in principal and accessories, even in the event of payment being deferred. Any clause to the contrary, in particular included in the general terms and conditions of purchase, is deemed to be unwritten, in accordance with Article L 624-16 of the French Commercial Code.

By express agreement, the Seller may not enforce the rights it holds under the present retention of title clause, in respect of any of its claims, on all of its products in the Customer's possession, the latter being conventionally presumed to be unpaid. The Vendor reserves the right to take back or reclaim its products as compensation for all its unpaid invoices, without prejudice to its right to cancel sales in progress.

7.2 Transfer of risk

Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.

8. Intellectual property rights

The www.ihealthlabs.eu Website and all of its components, such as the domain name, any brand, logo, software, tree structure, database, graphic charter, design, illustration, animation, image and text, are protected by intellectual property rights.

iHealth is the exclusive holder of the intellectual property rights relating to the Website and all the elements making it up, with the exception of photographs, videos and other material originating from the service providers themselves. Any unauthorised copying, reproduction, representation, adaptation, alteration, modification, distribution, in whole or in part, extraction or re-use, whether repeated or systematic, including for private purposes, of all or part of the Website, by any means whatsoever, constitutes an infringement.

The trademarks and domain names as well as the designs and models which appear on the Website are the exclusive property of iHealth.

No licence, nor any right other than that of consulting the Website, is granted to any person with regard to intellectual property rights. Reproduction of documents on the Site is authorised for the sole purpose of providing information for personal and private use. Any reproduction or use of copies made for other purposes is expressly prohibited.

iHealth invites you to read its General Terms and Conditions of Use of the Website for a complete understanding of the intellectual property rights relating to the Website.

9. Seller's liability

The products offered comply with current French legislation. The Seller declines all responsibility in the event of non-compliance with the legislation of the country to which the products are delivered. It is the Customer's responsibility to obtain information from the local authorities concerned about any restrictions on the import or use of the products they intend to order.

The Vendor shall not be held liable in the event of failure to fulfil its obligations as defined herein due to the occurrence of force majeure as usually defined by case law.

In addition, the following are expressly considered to be cases of force majeure: total or partial strikes, whether internal or external to the company, lock-outs, severe bad weather, epidemics, blockage of means of transport or supply, for whatever reason, earthquakes, fire, storms, floods, water damage, governmental or legal restrictions, total or partial blockage of energy sources, particularly oil, or means of telecommunication, the cause of which is beyond the control of the parties.

Without prejudice to the provisions of the preceding paragraphs, the Vendor's liability under these General Terms and Conditions of Sale may not exceed an amount equivalent to the highest of the following amounts, either the total of the sums paid or payable during the transaction giving rise to the said liability, whatever the cause or form of the action concerned, or a maximum amount of four (4) times the value of the appliance purchased.

Under no circumstances may the Vendor be held liable for any indirect or intangible damage, such as loss of income, loss of customers, loss of image, etc., which may result from the purchase of a device.

10. Information technology and civil liberties

The personal information collected in the context of distance selling is compulsory. This information is required to process the delivery of orders and to draw up invoices. Failure to provide this information will result in automatic rejection of the order.

In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, the processing of personal data collected on the Site is subject to a declaration to the Commission Nationale de l'Informatique et des Libertés (CNIL).

As such, you have the right to access, modify, rectify or delete any personal data concerning you (article 38 and following of the aforementioned law). To exercise this right, please contact the Seller at the following address:

iHealthLabs Europe
36 rue de Ponthieu
75008 Paris.

The Vendor is the recipient of the personal data it collects via its Website. However, it may pass this information on to third parties. You may object to this transfer by expressing your refusal to the contact mentioned above.

11. Customer service and order tracking

For any information or questions about the Products or the order, Customer Service is available:

- Via the contact form on the iHealth website (www.ihealthlabs.eu)

- By e-mail: support@ihealthlabs.eu

- By post: iHealthLabs Europe - Customer Service - 36 rue de Ponthieu - 75008 Paris.

- By telephone: 01 44 94 04 81, Monday to Friday from 10am to 5pm. If you are calling from abroad, the number is +33 1 44 94 04 81.

12. Correspondence-Proofs

Pursuant to article 1316 of the French Civil Code, the Customer declares that the information provided by the Customer to the Vendor by electronic means shall be deemed authentic between the parties as long as no contradictory, authenticated and signed written document is produced which calls this information into question.

Elements such as the time of receipt or transmission, as well as the quality of the data received, shall take precedence as appearing on the Vendor's computer systems, unless the Customer provides written proof to the contrary.

The scope of proof of the information supplied by the Vendor's computer systems is that accorded to an original in the sense of a written paper document signed by hand.

13. General Provisions

13.1 Independence of clauses

If any of the clauses of these General Terms and Conditions of Sale should be declared null and void or inapplicable for any reason whatsoever, the other clauses shall nevertheless remain in force and the parties shall come together to agree, in good faith, the necessary amendments, so that each of them is in an economic situation comparable to that which would have resulted from the application of the invalid clause.

13.2 Cession

The Seller reserves the right to transfer its rights to one of the existing or future companies in the iHealthLabs Europe group, subject to prior notification of the Customer.

13.3 Waiver

The fact that the Seller does not avail itself of any of the clauses herein at a given time shall not constitute a waiver of its right to avail itself of the same clauses at a later date.

13.4 Jurisdiction and applicable law

These General Terms and Conditions and the related Sales are subject to substantive French law.

These General Terms and Conditions of Sale are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, iHealthLabs Europe adheres to the Service du Médiateur du e-commerce of FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are as follows: Médiateur de la consommation FEVAD BP 20015 - 75362 PARIS CEDEX 8 -http://www.mediateurfevad.fr. After prior written application by consumers to iHealthLabs Europe - customer service - 36 rue de Ponthieu - 75008 Paris. Any consumer dispute which has not been settled may be referred to the Mediation Service. To find out how to contact the Mediation officer, click here.

14. Pre-contractual information - Customer acceptance

The Customer acknowledges that, prior to placing his/her order and entering into the contract, he/she has been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L 221-5 of the French Consumer Code, in particular the following information :

- the essential characteristics of the Product, taking into account the communication medium used and the Product concerned ;

- the price of the Products and ancillary costs (e.g. delivery);

- in the absence of immediate performance of the contract, the date or deadline by which the Seller undertakes to deliver the Product;

- information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context,

- information relating to the legal and contractual guarantees and how they apply;

- the functionalities of the digital content and, where applicable, its interoperability;

- the possibility of recourse to conventional mediation in the event of a dispute;

- information relating to the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), the cost of returning Products, cancellation procedures and other important contractual conditions;

- the means of payment accepted.

The fact that a natural person or legal entity places an order on the www.ihealthlabs.eu website implies full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.

Annex 1: PROVISIONS RELATING TO LEGAL GUARANTEES

Article L217-4 of the Consumer Code

The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

The goods are in conformity with the contract :

1° If it is fit for the purpose normally expected of similar goods and, where applicable :

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

- if it has the qualities that a purchaser may legitimately expect having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

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

Article L217-12 of the Consumer Code

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Article L217-16 of the Consumer Code

When the purchaser asks the seller, during the term of the commercial guarantee granted to him at the time of the purchase or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the date of the buyer's request for service or from the date on which the item in question is made available for repair, if it is made available after the request for service.

Article 1641 of the Civil Code

The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them.

Article 1648 of the Civil Code

An action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

In the case provided for in article 1642-1 , the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.

APPENDIX 2 WITHDRAWAL FORM

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Site, except in the case of exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.

For the attention of :

IHealthLabs
Customer Service
36 rue de Ponthieu
75008 Paris
Tel : 01 44 94 04 81

I hereby give notice of withdrawal from the contract relating to the order of the following services:

- Order date: ...........................................................
- Order number: ...........................................................
- Customer name: ...........................................................................
- Customer's address: .......................................................................

Customer's signature (only if this form is submitted on paper) :

GENERAL TERMS AND CONDITIONS OF INTERNET SALE - PROFESSIONALS

(B to B)

1. Scope of application

In accordance with Article L 441-6 of the French Commercial Code, these General Terms and Conditions of Sale constitute the sole dock for the commercial relationship between the parties in the context of sales made on the website www.ihealthlabs.eu (hereinafter referred to as the "Site").

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by iHealthLabs Europe, a Société à Responsabilité Limitée à Associé Unique, registered with the Paris Trade and Companies Registry under number 792 514 341 (EORI: FR792 514 341 00017), whose registered office is located at 36 rue de Ponthieu in Paris 8ème (75008) ("hereinafter referred to as the "Vendor") from professional purchasers who declare that they have full legal capacity (hereinafter referred to as "The Customers" or the "Customer"), wishing to acquire the products and services offered for sale by the Vendor ("The Products" or the "Product") on the Site. In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

They apply without restriction or reservation to all sales made by the Vendor to Customers, regardless of any clauses that may appear in the Customer's documents, and in particular the Customer's general terms and conditions of purchase.

In accordance with the regulations in force, these General Terms and Conditions of Sale are systematically communicated to all Customers to enable them to place an order with the Vendor for Products on the Site.

They are also communicated to any distributor (excluding wholesalers) prior to the conclusion of a single agreement as referred to in article L 441-7 of the French Commercial Code, within the legal time limits.

Unless there is a written framework agreement between the Vendor and the Customer, these General Terms and Conditions of Sale and any others that may have been agreed or negotiated are only valid for a specific sale. Their possible repetition from one sale to the next shall in no way have the effect of creating an acquired right to the benefit of the Customer or any framework contract between the Vendor and the Customer.

2. Acceptance of the General Terms and Conditions of Sale

Any order of Products on the Site implies acceptance by the Customer of these General Terms and Conditions of Sale and of the general terms and conditions of use of the Seller's Site for electronic orders.

The Customer must read these General Terms and Conditions of Sale carefully and accept them before paying for an order of Products on the Site. These GTS are referenced at the bottom of each page of the Site by means of a link and must be consulted and accepted before placing an order. The Customer is invited to carefully read, download and print the General Terms and Conditions of Sale and to keep a copy.

By clicking on the first button to place an order and then on the second to confirm said order, the Customer acknowledges having read, understood and accepted the General Terms and Conditions of Sale without limitation or condition.

The information contained in the Vendor's catalogues, prospectuses and price lists is given for information only and may be revised at any time. The Vendor is entitled to make any changes it deems necessary.

In accordance with the regulations in force, the Seller reserves the right to depart from certain clauses of these General Terms and Conditions of Sale, depending on the negotiations conducted with the Customer, by drawing up Special Terms and Conditions of Sale.

3. Information about the Customer

Customers will be asked to provide information enabling them to be identified by completing the form available on the Site. The "*" sign indicates the mandatory fields that must be completed for the Customer's order to be processed by the Vendor.

The information that the Customer provides to the Vendor when placing an order must be complete, accurate and up-to-date. The Vendor reserves the right to ask the Customer to confirm, by any appropriate means, his/her identity and the information provided.

4. Products

4.1 Product characteristics

On the Site, the Vendor presents the Products and their detailed descriptions contained in the Product sheets, giving the Customer the possibility of knowing the essential characteristics of the Products that they wish to purchase before placing a definitive order, in accordance with the provisions of article L 441-6 of the French Commercial Code.

The Vendor will make its best efforts to ensure that the colour and design of the Products whose photos are displayed on the Site are faithful to the original Products.

In the event of unavailability of the Product, in particular of the colour ordered by the Customer, the Seller may offer the Customer a Product of equivalent quality and price.

4.2 Product prices

Products are supplied at the prices shown on the Site on the day the order is placed and, where applicable, in the specific commercial proposal sent to the Customer. These prices are firm and non-revisable during their period of validity, as indicated by the Supplier.

These prices are net and exclusive of VAT, ex works and packaging not included. They do not include transport, customs duties or insurance, which are the responsibility of the Customer and are invoiced in addition when the order is placed.

Special pricing conditions may be applied depending on the specific features requested by the Customer, particularly with regard to delivery terms and deadlines, or payment deadlines and conditions. The Vendor will then send the Customer a special commercial offer.

Any changes requested by the Customer may only be taken into account, within the limits of the Vendor's possibilities and at its sole discretion, if they are notified in writing at least 15 days before the date scheduled for delivery of the Products ordered, after the Customer has signed a specific order form and any price adjustments have been made.

5. Orders - Terms of payment

5.1 Ordering a Product on the Site

By browsing the Site, the Customer can freely take note of the various Products offered for sale on the day of consultation of the Site.

The contractual information is presented in French and is confirmed at the latest when the order is validated by the Customer.

Product offers are valid as long as they are visible on the Site, subject to availability.

The sale will only be considered definitive once the Vendor has sent the Customer confirmation of acceptance of the order by e-mail and once the Vendor has received payment in full.

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

Any order placed on the Site constitutes the formation of a distance contract between the Customer and the Vendor.

The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

5.2 Order process and validation

In order to order one of these Products, the Customer will click on the icon provided for this purpose and appearing next to each Product description.

At any time during the browsing process, the Customer can check the Products chosen (type, quantity, etc.) in the "My basket" section.

At any time during the order process, i.e. until actual payment has been made in accordance with the conditions set out in article 5.3 below, the Customer may return to the order in order to complete, modify or cancel it.

Once the selection of Products has been completed, the Customer will be invited via a new web page to provide his/her contact details by accurately completing the form provided.

After checking the status of his/her order, the Customer will be invited :

Either to click on the "Checkout" button in order to pay for their order,
Or to click on the "Modify your basket" button in order to modify their order and/or personal details.

By clicking on the "Checkout" button during the order process, the Customer must first read these General Terms and Conditions of Sale and then tick a box opposite the message "I have read and accept these General Terms and Conditions of Sale".

The Customer must then proceed to pay for their order.

The data recorded on the Site by the Vendor constitutes proof of the transactions between the Vendor and the Customer.

5.3 Payment for the Product

5.3.1 Payment

In order to proceed with the payment due, the Customer will be asked to provide the number of the bank card, its expiry date and, where applicable, the visual cryptogram. The Customer's bank details are requested with each order, as only the Bank chosen by the Vendor to carry out the financial transaction remains in possession of the confidential information. To this end, the Customer guarantees the Vendor that he/she has the necessary authorisations to use the method of payment chosen when validating the order. In the event of a bank refusal, the order will be automatically cancelled and the Customer notified.

Once payment has been made for an order, a printable and saveable summary of the Customer's order will be displayed, showing in particular the order references.

5.3.2 Secured payment

Payplug - Délégué de la Protection Des Donnés - 110, Avenue de France 75013 Paris.

5.4 Order confirmation

The order will only be considered firm and definitive once it has been confirmed by the Vendor to the Customer.

Once the Customer has paid for the order, the Vendor will send confirmation by e-mail as soon as possible.

This order confirmation e-mail sent by the Vendor will contain the following information :

the order number and summary,
the total amount of the order
delivery costs
confirmation of payment,
the terms and conditions relating to the delivery of the Products ordered (including, in particular, the delivery time).

5.5 Product availability

The Products offered for sale by the Vendor are those which appear on the Site on the day of consultation of the Site by the Customer and within the limit of available stocks.

If a Product is unavailable, the Seller will inform the Customer as soon as possible by e-mail. This e-mail will enable you to find out how soon the Product can be delivered.

In the event of total unavailability of a Product ordered, the Customer may request either a refund of the price of the entire order if it has been invoiced and collected, or a replacement Product at an equivalent price.

6. Delivery

The Vendor retains ownership of the Products until full payment of the order price (including delivery costs).

The Products ordered by the Customer will be delivered within the delivery time indicated on the order validation page, plus the time required for processing and delivery to the address indicated by the Customer when placing the order on the Site.

The Products are delivered to the address indicated by the Customer when placing the order. The Customer must provide all the information required for delivery: address, access code, telephone number, etc.

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French Overseas Departments and Territories, the price will automatically be calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of the Vendor. They shall be borne by the Customer and are the Customer's sole responsibility, both in terms of declarations and payments to the competent authorities/organisations in the Customer's country. The Seller advises the Customer to obtain information on these aspects from his local authorities.

Delivery dates are provided for information only and the time of delivery is not essential. Delivery must be made within a reasonable time if no precise date has been specified. Products may be delivered in instalments. The Seller accepts no liability for any loss (including loss of profits), costs, damages, charges or expenses arising directly or indirectly from any delay in delivery of the Products (even where such delay is due to the negligence of the Seller) and no delay shall entitle the Customer to cancel or rescind the order.

The Customer acknowledges that it is the carrier's responsibility to make the delivery, the Seller being deemed to have fulfilled its obligation to deliver once it has handed over the Products ordered to the carrier, who has accepted them without reservation.

The Customer therefore has no recourse against the Vendor in the event of failure to deliver the Products ordered or of damage occurring during transport or unloading.

Likewise, in the event of special requests by the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing.

The Customer is obliged to check the apparent condition of the products on delivery. In the absence of reservations expressly expressed by the Customer at the time of delivery, the Products delivered by the Vendor shall be deemed to conform in quantity and quality to the order.

The Customer shall have a period of 24 hours from the date of delivery and receipt of the Products ordered in which to express such reservations in writing to the Vendor.

No claim may be validly accepted if the Customer fails to comply with these formalities.

The Vendor will replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity has been duly proven by the Customer.

7. Customer's right of withdrawal

7.1 Principle

In accordance with the legal provisions in force, the Customer who expressly fulfils the conditions of the provisions of article L 221-3 of the Consumer Code has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days (following notification to the Vendor of the Customer's decision to withdraw).

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.

Products that are damaged, soiled or incomplete cannot be returned.

The right of withdrawal may be exercised online, using the withdrawal form available on the Site, in which case the Vendor will immediately send the Customer an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the wish to withdraw.

The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

7.2 Exceptions to the right of withdrawal

In accordance with the provisions of article L 221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

8. Warranty and Conformity

8.1 The Seller warrants that the Products are fit for their intended purpose, free from defects or latent defects which render them unfit for their normal use (i) and (ii) free from material defects for a period of 12 months from the date of invoice ("Warranty Period").

By exercising any of the options set out in clause 8.3 below, the Seller disclaims all liability in respect of the warranty set out in this clause 8.1.

8.2 To the fullest extent permitted by law, all warranties, conditions or other provisions of law, such as the warranty against hidden defects provided for in article 1641 and subsequent articles of the French Civil Code, are excluded from these General Terms and Conditions of Sale.

8.3 The Seller will, at its sole discretion, repair or replace Products which do not comply with the warranties set out in clause 8.1 provided that the Seller has been notified in writing of the alleged defect. If the Seller elects to replace Products or parts under the warranty set out in clause 8.1, then the Seller shall deliver, at its own cost, the replacement Products or parts to the Customer at the address to which the defective Products were delivered and title to the defective Products or parts which are replaced shall revert to the Seller (if it has passed to the Customer). The Customer shall take all steps reasonably necessary to deliver to the Seller the defective Products to be replaced and the Seller shall be entitled to charge the Customer a fee if such defective Products or parts are not returned on request.

8.4 The Seller shall have no liability under the warranty set out in this clause 8.1 in the following circumstances:

8.4.1 For any defect arising from normal wear and tear, wilful damage, negligence, abnormal operating conditions, failure to comply with the Seller's instructions (whether oral or written), misuse or modification, adjustment or repair of the Products without the Seller's approval;

8.4.2 If the full Price of the Products has not been paid by the due date for payment;

8.4.3 For all Products not manufactured or produced by the Seller, for which the Customer is only entitled to the benefit of the applicable warranty granted by the manufacturer or supplier to the Seller insofar as it is transferable by the Seller to the Customer;

8.4.4 For any type of defect, damage or wear and tear expressly excluded by written notice from the Seller; and/or

8.4.5 If the Customer continues to use the Products after having sent a notification as provided for in clause 8.3.

9. Transfer of ownership - Transfer of risks

9.1 Transfer of ownership - Seller's retention of title

The transfer of ownership of our products is suspended until full payment of the price of the products by the customer, in principal and accessories, even in the event of a payment extension being granted. Any clause to the contrary, in particular included in the general terms and conditions of purchase, is deemed to be unwritten, in accordance with Article L 624-16 of the French Commercial Code.

By express agreement, the Seller may not enforce the rights it holds under the present retention of title clause, in respect of any of its claims, on all of its products in the Customer's possession, the latter being conventionally presumed to be those that have not been paid for. The Vendor reserves the right to take back or reclaim its products in compensation for all its unpaid invoices, without prejudice to its right to cancel sales in progress.

9.2 Transfer of risk

The transfer of the risks of loss and deterioration of the Supplier's products will take place upon delivery and receipt of said products by the Customer.

10. Intellectual property rights

The trademarks and domain names as well as the designs and models which appear on the Website are the exclusive property of iHealth.

iHealth invites you to read its General Terms and Conditions of Use of the Website for a complete understanding of the intellectual property rights relating to the Website.

11. Seller's liability - Limitation

The Vendor shall not be held liable in the event of failure to fulfil its obligations as defined herein due to the occurrence of events having the character of force majeure, as generally accepted by case law.

Under no circumstances may the Vendor be held liable for any indirect or intangible damage, such as loss of income, loss of customers, loss of image, etc., for which the Vendor is not responsible.

12. Information technology and civil liberties

iHealthLabs Europe
36 rue de Ponthieu
75008 Paris.

13. Customer service and order tracking

For any information or questions concerning the Products or the order, Customer Service is available:

Via the contact form on the iHealth website
By e-mail: support@ihealthlabs.eu
By post: iHealthLabs Europe - Customer Service - 36 rue de Ponthieu - 75008 Paris.

14. Correspondence-Proofs

The scope of proof of the information supplied by the Vendor's computer systems is that accorded to an original in the sense of a written paper document signed by hand.

15. General provisions

15.1 Independence of clauses

15.2 Cession

The Seller reserves the right to transfer its rights to one of the existing or future companies in the iHealthLabs Europe group, subject to prior notification of the Customer.

15.3 Waiver

The fact that the Seller does not avail itself of any of the clauses herein at a given time shall not constitute a waiver of its right to avail itself of the same clauses at a later date.

15.4 Independence of the parties

Neither party may rely on the provisions of these General Terms and Conditions of Sale to claim, in any way, the status of agent, representative or servant of the other party, nor commit the other party to third parties beyond the services explicitly provided for by the provisions of these General Terms and Conditions of Sale.

Furthermore, under the terms of these General Terms and Conditions of Sale, no particular legal structure is formed between the parties, each of whom retains its full autonomy, its responsibilities and its own clientele.

15.5 Jurisdiction and applicable law

THESE GENERAL TERMS AND CONDITIONS AND THE RELATED SALES ARE SUBJECT TO FRENCH SUBSTANTIVE LAW.

THESE GENERAL TERMS AND CONDITIONS OF SALE ARE DRAWN UP IN FRENCH. SHOULD THEY BE TRANSLATED INTO ONE OR MORE FOREIGN LANGUAGES, ONLY THE FRENCH TEXT WILL BE DEEMED AUTHENTIC IN THE EVENT OF A DISPUTE.

ANY DISPUTE WHICH MAY ARISE IN CONNECTION WITH THEIR VALIDITY, INTERPRETATION OR PERFORMANCE AND WHICH HAS NOT BEEN SETTLED AMICABLY BY THE PARTIES HERETO SHALL BE SUBMITTED TO THE COURTS OF THE SELLER'S REGISTERED OFFICE, NOTWITHSTANDING THE PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY OR CONSERVATORY PROCEEDINGS, IN PARTICULAR BY WAY OF APPEAL OR PETITION, UNLESS OTHERWISE PROVIDED OR EXPRESSLY AGREED BY THE PARTIES.

APPENDIX 1 WITHDRAWAL FORM FOR CUSTOMERS COVERED BY ARTICLE L 221-3 OF THE CONSUMER CODE

For the attention of :

IHealthLabs
Customer Service
36 rue de Ponthieu
75008 Paris
France
Tel : 01 44 94 04 81

I hereby give notice of withdrawal from the contract relating to the order of the following services:

Customer's signature (only if this form is submitted on paper) :