GENERAL TERMS AND CONDITIONS OF SALE

ETS VITALE is a limited liability company registered in the trade and companies register (SIRET: 50373756100012).

ETS SARL VITALE

27 RUE LUDOVIC JULIEN

ZAC DE LA CHARTREUSE

81100 CASTRES  FRANCE

Tel : 05 63 59 31 80

Fax : 05 63 72 05 91

Email : contact.vitale@orange.fr

The online store on the website VITALE-RADIATEURS.COM was established by the company VITALE, which operates this website. Any order placed for a product featured in the online store on the website vitale-radiateurs.com implies prior consultation of these terms and conditions. Consequently, the consumer acknowledges being fully aware that their agreement to the content of these terms and conditions does not require a handwritten signature on this document, insofar as the customer wishes to order products online from the website's store.

The consumer has the option to save or print these terms and conditions, it being understood that both saving and printing this document are their sole responsibility. Prior to placing an order, the consumer declares that the purchase of these products is unrelated to their professional activity, and that the purchase is intended solely for their personal use. As a consumer, the customer therefore has specific rights, which would be jeopardized if the products or services purchased through the website were in fact related to their professional activity.

The online store set up by the company VITALE RADIATEURS as part of the website includes the following information:

– Legal notice allowing for the precise identification of the company VITALE RADIATEURS

– presentation of the essential characteristics of the properties offered

– indication, in Euros, of the price of the goods

– indication of the terms of payment, delivery, or performance

– the existence of a right of withdrawal

– the validity period of the offer or price

– the conditions for terminating the contract when it is for an indefinite period or for a period exceeding one year

– All of this information is presented in French. The consumer declares that they have the full legal capacity to enter into this agreement under these terms and conditions.

Article 1: Entirety

These terms and conditions constitute the entire agreement between the parties. By placing an order, the consumer is deemed to have accepted all the provisions of these terms and conditions without reservation. No general or specific terms and conditions contained in documents sent or provided by the consumer shall be incorporated herein, insofar as such documents are incompatible with these terms and conditions.

Article 2: Purpose

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company VITALE RADIATEURS to the consumer.

Article 3: Contractual Documents

This contract is formed by the following contractual documents, listed in descending order of precedence: these general terms and conditions; the purchase order. In the event of any conflict between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.

Article 4: Entry into force – duration

These general terms and conditions come into effect on the date the order form is signed. These general terms and conditions are concluded for the duration necessary for the provision of the goods and services ordered, until the expiry of the warranties owed by VITALE RADIATEURS.

Article 5: Electronic Signature

The consumer's "click" on the order form constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.

Article 6: Order Confirmation

Contractual information will be confirmed by email no later than the time of delivery or, failing that, to the address indicated by the consumer in the order form.

Article 7: Proof of Transaction

The computerized records, stored in the computer systems of VITALE RADIATEURS under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 8: Product Information

8-a: VITALE RADIATEURS presents its products for sale on its website with the necessary characteristics to comply with Article L 111-1 of the French Consumer Code, which stipulates that potential consumers must be able to know the essential characteristics of the products they wish to purchase before placing a final order. The brands and model numbers of the radiators are provided for informational purposes only.

8-b: Offers presented by VITALE RADIATEURS are valid only while stocks last.

Article 9: Price

Prices are listed in euros and are valid only on the date the order form is submitted by the customer. They do not include delivery charges, which are billed separately and shown before order confirmation. Prices include VAT applicable on the date of the order, and any change in the applicable VAT rate will be automatically reflected in the prices of products in the online store. Full payment is due at the time of ordering. Under no circumstances will payments be considered as deposits or down payments.

Article 10: Payment Method

To pay for their order, the consumer may choose from all the payment methods listed on the order form. The consumer guarantees to VITALE RADIATEURS that they have all necessary authorizations to use the payment method chosen when validating the order form. VITALE RADIATEURS reserves the right to suspend order processing and delivery in the event of a payment authorization refusal by officially accredited organizations or in the event of non-payment. VITALE RADIATEURS also reserves the right to refuse to make a delivery or fulfill an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is pending.

CHOOZEO FREE CREDIT PAYMENT OPTION

CHOOZEO is a free, interest-free loan repayable in 3 or 4 installments, offered by NATIXIS FINANCEMENT, a public limited company with a capital of €73,801,950 - Registered office: 30 avenue Pierre Mendès France, 75013 Paris – 439 869 587 RCS Paris. The amount of the free loan varies between €135 (including VAT) and €3,000 (including VAT). CHOOZEO is reserved for individuals (adults) residing in France and holding a Visa or MasterCard bank card with an expiry date at least 6 months after the purchase date. Cards requiring systematic authorization, such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo cards, and American Express cards are not accepted. After completing their order, the customer must click on the "Pay in 3 or 4 installments with CHOOZEO by bank card" button.

The customer is then redirected to the NATIXIS FINANCEMENT CHOOZEO webpage, which displays a summary of their order and the free credit application, which they must then validate. (VITALE RADIATEURS) merely connects its customers with NATIXIS FINANCEMENT by providing a non-contractual landing page on its website. Therefore, it is not subject to the regulations governing intermediaries in banking and payment services. Furthermore, if the customer requests a financing solution offered by NATIXIS FINANCEMENT, their order and personal information (surname, first name, postal address) will be transmitted to NATIXIS FINANCEMENT. NATIXIS FINANCEMENT will use this information to process the application for the granting, management, and collection of credit. NATIXIS FINANCEMENT reserves the right to accept or refuse the customer's application for 3 or 4 interest-free installments. The customer has a 14-day cooling-off period to cancel their loan.

Article 11: Product Availability

The order will be processed within an average of 3 days from the day after the consumer placed their order. If the ordered product is unavailable, the consumer will be informed as soon as possible and will have the option to cancel their order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days of payment, or an exchange of the product.

Article 12: Delivery Terms

Products are delivered to the address indicated by the customer on the order form and only to all European countries, including French overseas departments and territories. The customer is required to check the condition of the packaging upon delivery and to report any damage caused by the carrier on the delivery note, as well as to VITALE RADIATEURS, within one week. The customer may request that the invoice be sent to the billing address rather than the delivery address by selecting the corresponding option on the order form. Shipping is handled by the transport companies CHRONOPOST, France EXPRESS, and COLISSIMO. As soon as we ship your order, you will immediately receive an email notification.

Article 13: Delivery problems due to the carrier

Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be clearly indicated on the delivery note as "handwritten reservations," accompanied by the customer's signature. The consumer must also confirm this anomaly by sending the carrier a registered letter with acknowledgment of receipt within two (2) business days following the delivery date, detailing the claims. The consumer must send a copy of this letter by fax or regular mail to:

VITALE RADIATORS 17 Rue Ludovic Julien, Zac de la Chartreuse, 81100 CASTRES

Article 14: Delivery Errors

14-a: The consumer must notify VITALE RADIATEURS of any delivery errors and/or non-conformity of the products in terms of type or quality compared to the information on the order form, on the day of delivery or at the latest on the first business day following delivery. Any claim made after this period will be rejected.

14-b: This complaint to VITALE RADIATEURS can be made: – preferably by telephone at 04 68 95 14 74 from Monday to Friday from 8am to 5pm.

14-c: Any claim not made in accordance with the rules defined above and within the specified time limits will not be taken into account and will release the company VITALE RADIATEURS from any liability towards the consumer.

14-d: Upon receipt of the complaint, VITALE RADIATEURS will assign an exchange number to the product(s) in question and communicate it to the consumer by email, fax, or telephone. A product exchange can only take place after the consumer has been assigned an exchange number, following the procedure outlined above.

14-e: In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to VITALE RADIATEURS in its entirety and in its original packaging, via Colissimo Registered Mail, to the following address:

VITALE RADIATORS 17 Rue Ludovic Julien, Zac de la Chartreuse, 81100 CASTRES

To be accepted, all returns must be reported beforehand to the Customer Service department of VITALE RADIATEURS.

Shipping costs are borne by VITALE RADIATEURS, except in cases where it turns out that the returned product does not correspond to the original declaration made by the consumer in the return form.

Article 15: Product Warranty

In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions herein shall not deprive the consumer of the legal guarantee that obliges the professional seller to protect them against all consequences of hidden defects in the item sold. The consumer is expressly informed that VITALE RADIATEURS is not the producer of the products presented on this website, as defined by Law No. 98-389 of May 19, 1998, concerning liability for defective products. Consequently, in the event of damage to a person or property caused by a product defect, only the producer of the product may be held liable by the consumer, based on the information appearing on the product packaging. The terms and duration of the manufacturer's warranty are indicated on the product pages. Given the frequency with which components of technical products are updated, vitale-radiateurs.com can, upon request, inform the consumer of the availability of spare parts for the products offered and how to obtain them. Our products are guaranteed for 1 year. In case of technical fault or malfunction, please contact us so we can investigate your problem.

Article 16: Right of withdrawal

The consumer has 10 business days to return, at their own expense, any products that do not meet their expectations. This period begins on the day the consumer's order is delivered. If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next business day. All returns must be reported in advance to VITALE RADIATEURS Customer Service: – preferably by telephone at +33 4 68 95 14 74, Monday to Friday, from 8:00 a.m. to 5:00 p.m., – or by logging into our website in the "Track your order" section, where, after entering your customer number, you can obtain your order number. The product must be returned to VITALE RADIATEURS, 17 Rue Ludovic Julien, Zac de la Chartreuse, 81100 Castres, France.

Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.

This right of withdrawal may be exercised without penalty, except for return shipping costs. If the right of withdrawal is exercised, the consumer may choose either a refund of the sums paid or an exchange of the product. In the case of an exchange, the return shipping will be at the consumer's expense.

In the event of exercising the right of withdrawal, VITALE RADIATEURS will make every effort to reimburse the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, particularly when the product requires technical verification (see products requiring prior testing).

The consumer will then be reimbursed by credit to their bank account (secure transaction) in the case of payment by bank card, or by check in other cases.

Article 17: Usage Rights

The right to use software from VITALE RADIATEURS, as well as software distributed by VITALE RADIATEURS, is granted to the consumer on a non-exclusive, personal, and non-transferable basis, in accordance with the French Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has the right to reproduce the software solely for the purpose of creating a backup copy, when such a copy is necessary to preserve the use of the software. In any event, the software author retains ownership of their work, which the consumer agrees to respect.

Article 18: Force majeure

Neither party shall be deemed to have failed in its contractual obligations to the extent that their performance is delayed, hindered, or prevented by a fortuitous event or force majeure. A fortuitous event or force majeure shall be defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, independent of the will of the parties, and which cannot be prevented by them despite all reasonable efforts. The party affected by such circumstances shall notify the other party within ten business days of becoming aware of them. The two parties shall then meet within one month, unless prevented by the force majeure event itself, to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the affected party. Specifically, the following are considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the interruption of telecommunications networks or difficulties specific to telecommunications networks external to the customers.

Article 19: Partial Non-validation

If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.

Article 20: No Waiver

The failure of either party to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.

Article 21 : Loi applicable

These terms and conditions are governed by French law, both substantively and procedurally. In the event of a dispute or complaint, the consumer should first contact VITALE RADIATEURS to seek an amicable solution. If this fails, the consumer may then file a complaint with [Company Name], via its dedicated online platform.

Article 22: Data Processing and Freedoms

The information requested from the consumer is necessary for processing their order and may be shared with VITALE RADIATEURS' contractual partners involved in fulfilling that order. The consumer may write to VITALE RADIATEURS, whose contact details are provided in the privacy policy on the website, to object to such sharing or to exercise their rights of access and rectification regarding their personal information held in VITALE RADIATEURS' files, in accordance with the provisions of the French Data Protection Act of 6 January 1978.