These Terms and Conditions apply to all orders accepted by VARIOBICS SA (“Activlife”) for the sale of its fitness and strength training products, including the Activ5 by Activlife products, except where you and Activlife have entered into a written agreement that supersedes these Terms and Conditions. To the extent the Products contain software, the software is licensed, not sold, to you in accordance with the section below entitled “Software License” and the Activlife Product Software License Agreement. Each mobile software application that may be used with the Products is licensed, not sold, to you pursuant to the Application Software License. The terms “sell” and “buy” as used in these Terms and Conditions apply only to the extent that the Products consist of components other than the Product Software and the mobile application.

ARTICLE 1: ORDERS

You can consult and order our Products on our store www.activlife.fr . We will ask you for your name, phone number, email, shipping and billing address and other information in order to process your order. When you place an order, our external payment service provider will collect your credit card information and charge the associated account for the order amount. In addition, you agree to pay for any order you place. Activlife will not access or retain your credit card information. We will retain your shipping address so that our fulfillment partner can process your order. If you are logged into your Activlife account when you purchase an item from the Store, we will associate that order with your account. For more information about how Activlife uses your information, please see our Privacy Policy.

When you place an order on the Store, you agree that: (i) that the credit card information you provide is accurate and complete; and (ii) that you will pay the price indicated, as well as any shipping and handling charges and applicable taxes. The Products you purchase are intended for personal use or as gifts, but are not intended for commercial purposes.

ARTICLE 2: PRICES

Activlife may remove Products from the Store at any time for any reason. The prices indicated in the Shop are in Euros and do not include shipping costs. All shipping costs will be communicated to you before you place your order and you will be required to pay these costs to Activlife. The prices of the Products may be modified at any time, at our sole discretion.

ARTICLE 3 : ACCEPTANCE AND PROCESSING OF ORDERS

All orders are subject to acceptance by Activlife. After placing your order, you will receive an email from Activlife confirming that your order has been received. Your order will be accepted when you receive another email from Activlife containing a shipping confirmation, tracking number and carrier information. If an item is out of stock, we will send you an email to let you know. When the item in question is back in stock, we will send you another email containing a shipping confirmation, tracking number and carrier information. Activlife reserves the right, at its sole discretion, to not accept your order for any reason or no reason. Activlife also reserves the right to limit the quantity of Products delivered to any one customer or mailing address.

ARTICLE 4: RESALE

The Products purchased on the Store are intended for end users only and their resale is not authorized.

ARTICLE 5: SHIPPING AND DELIVERY

Activlife will package the Products in accordance with its usual practices. You may choose the method of shipment of the Products you order, and you will be charged the corresponding shipping and handling fees. Ownership of the Products (except to the extent that they consist of the Product software) and risk of loss shall pass to you upon delivery by Activlife. You acknowledge that the shipping dates indicated are for informational purposes only. Activlife will use reasonable efforts to meet the stated shipping dates, but shall not be liable for any loss, damage or penalty arising from any delay in shipment or delivery.

SECTION 6: ADDITIONAL TERMS AND CONDITIONS

• Availability: The manufacturer may limit the quantity of Products initially available. In this case, we will process online orders in the order in which we receive them.
• Delivery: In order to be able to send orders as quickly as possible, we use external service providers to deliver the Product directly to you from its storage location.

ARTICLE 7 : PROMOTIONAL ITEMS

From time to time, Activlife will offer you one or more promotional items when you place an order. Due to their limited availability, these items will be available while supplies last.

ARTICLE 8 : RETURN OF PRODUCTS AND RIGHT OF WITHDRAWAL

If you are not satisfied with a product purchased from the Activlife Store for any reason whatsoever, you have thirty (30) days from the date of delivery to request a full refund. The acceptance of this return by Activlife will depend on the state in which the product is returned.

This right of withdrawal is provided for by article L.221-18 of the French Consumer Code.

In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders concerning

• The supply of goods made to the specifications of the consumer or clearly personalized;

Or

• 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.

In any case, the customer must return the items delivered in their original packaging, complete (batteries, instructions …) and indicate the order number and the name under which the order was made. Items returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used will not be refunded or exchanged and will be returned.

The refund of the sums paid for the returned item(s) will be made, depending on the method of payment of the items, by crediting the customer’s bank account corresponding to the bank card used for payment or by transfer to the customer’s bank account. In application of the article L.221-24 of the Code of consumption, the additional expenses paid by the customer and related to the choice of a specific mode of delivery or an extension of guarantee will not be refunded.

Beyond the 30 days deadline as from the delivery, the goods will not be taken back, nor refunded.

The provisions of this article (in particular the extension of the right of withdrawal to 30 days) apply only to purchases made on the website www.activlife.fr. Any other customer who has purchased his Activ5 by Activlife through a commercial partner (a third party website, a physical store…) will be subject to the General Terms and Conditions of Sale of said merchant. However, this clause does not prejudice the customer’s ability to exercise his rights under Articles 217-4 and following of the Consumer Code regarding the legal guarantee of conformity, listed in Article 11 below.

What are the conditions for returning a product?

The customer must respect the following conditions of return:

• Request a return authorization at retour@activlife.fr or via the return form available in your personal space so that our teams can contact you and indicate the return procedure
• Make this request for a return authorization within 30 calendar days from the date of receipt of the product
• Return the product, including all parts, in the original packaging, in new, unused or unopened condition

What are the steps for a product return?

You have 30 days after delivery of your order to request a return and be reimbursed. Make sure you are still in time!

• Make a return request via the return form available in your Account in the order details or at retour@activlife.fr
• Once our team receives your return request, we will review it and can email you a pre-paid return label.
• Send back the new or new unpacked unused product with the label received by email
• The refund will be made within 1 month

ARTICLE 9 : RETURN OF PRODUCTS OUTSIDE THE RIGHT OF WITHDRAWAL

Warning: after the legal period of 30 days to assert your right of withdrawal and obtain a refund or an exchange, only a failure or a proven malfunction can justify a return and replacement of the product. It is then the framework of limited warranty of the product (see Article 10).

ARTICLE 10: LIMITED PRODUCT WARRANTY

Activlife warrants to the original purchaser that the Products are free from defects in materials and workmanship under normal use for a period of two (2) years from the date of purchase. For more information on the limited warranty, please visit www.activelife.fr.

ARTICLE 11: COMPATIBILITY

You acknowledge that you have verified that the Products you purchase are compatible with any other required equipment (for example, by ensuring that your computer, mobile device and/or operating system are compatible with the Product). You alone are responsible for determining whether the Products are compatible with other equipment. You agree that incompatibility of a Product shall not constitute a valid warranty claim for the Product you purchased and shall not entitle you to a refund after the expiration of the 30-day return policy set forth above.

ARTICLE 12: LIMITATIONS OF LIABILITY

In no event shall Activlife be liable for any damages, consequential or incidental (including, but not limited to, loss of revenue, use, profits, data or goodwill) or costs of procurement of substitute products, arising out of these terms and conditions or the purchase, sale, use, operation or performance of the Products, whether such liability arises from a claim based on contract, warranty, tort (including negligence), product liability or otherwise, and whether or not Activlife has been advised of the possibility of such loss or damage occurring. You and Activlife agree that these limitations shall survive and apply even if any limited remedy set forth in these Terms and Conditions fails of its essential purpose. In no event shall Activlife’s liability to you arising out of these Terms and Conditions and the purchase of the Products, regardless of the cause of action or the source of liability, exceed the actual amount paid by you to Activlife for the Product that is the subject of the claim.

Some countries do not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, the above limitations or exclusions may not apply to you.

ARTICLE 13: SOFTWARE LICENSE

Activlife grants you a non-exclusive, non-transferable, non-sublicensable license to use the Product Software, in executable form, as incorporated in the Products solely for your personal, non-commercial use. You may not copy or modify the Product Software. You acknowledge and agree that the Product Software contains Activlife’s trade secrets and copyrighted materials and, in order to protect such trade secrets and copyrights, you agree not to disassemble, decompile or reverse engineer the Product Software or permit any third party to do so. You also agree not to copy, adapt, modify, distribute, sell, transfer, make publicly available, publicly perform, transmit or broadcast the Product Software, or create derivative works therefrom, or license the Product Software. Activlife reserves all rights and licenses to the Product Software not expressly granted to you by these Terms and Conditions or by any software license.

By using the Products, you agree to be bound by the Activlife Product Software License Agreement. You can read or download a complete copy of the Activlife Product Software License Agreement at www.activlife.fr.

Each Application Software that may be used with the Products is licensed, not sold, to you pursuant to a separate application software license.

SECTION 14: DISPUTE RESOLUTION

You agree that any dispute between you and Activlife arising out of or relating to these Terms and Conditions, the Products or any other Activlife product, device or service (collectively, “Disputes”) shall be governed by the arbitration process described below.

Governing Law: These Terms and Conditions and the Dispute Resolution Policy shall be governed by and construed in accordance with the laws of France.

Informal Dispute Resolution: We want to be able to answer your questions without the need for formal legal proceedings. Before making a claim against Activlife, you agree to try to resolve any dispute informally by contacting us at contact@activlife.fr. We will attempt to resolve the dispute informally by contacting you. If a dispute cannot be resolved within 30 days of its submission, either you or Activlife may initiate formal proceedings.

Arbitration: You and Activlife agree to resolve any dispute through final and binding arbitration, except for the exceptions to the arbitration agreement noted below.

Refusal of Arbitration Agreement: You may refuse this arbitration agreement by contacting contact@activlife.fr within 30 days of the date you first agreed to these Terms and Conditions and stating that you (stating your full name) refuse this arbitration agreement.

ARTICLE 15: GENERAL PROVISIONS

You may not assign or transfer these Terms and Conditions, or any order accepted by Activlife hereunder, in whole or in part, by operation of law or otherwise, without Activlife’s prior express written consent. Any attempted assignment or transfer, without Activlife’s consent, shall be null and void. Activlife shall have full discretion to assign these Terms and Conditions.

Activlife shall not be liable for any failure or delay in performance of its obligations under these Terms and Conditions due to events beyond its control, including, but not limited to, labor disputes, strikes, lockouts, power shortages or inability to obtain power, raw materials or supplies, war, acts of terrorism, riots or acts of God.

Activlife’s failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of any subsequent enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

These Terms and Conditions constitute the entire and exclusive agreement between you and Activlife with respect to the subject matter hereof and supersede any prior or contemporaneous quotation, agreement, communication or understanding, whether written or oral, with respect to the subject matter hereof. The waiver or modification of any provision of these Terms and Conditions shall be effective only if in writing and signed by duly authorized representatives of each party.

All notices required or permitted to be given under these Terms and Conditions must be in writing and shall be deemed to have been given: (i) at the time of delivery, if delivered personally; (ii) three (3) days after mailing, if sent by registered mail; (iii) one (1) business day after delivery to the courier or express mail service, if sent by courier or express mail service; and (iv) at the time of receipt, if transmitted by electronic mail. All notices shall be sent to the address that the party to receive the notice has specified by written notice to the other party.