General terms and conditions of sale and use

The purpose of the " lm-innovation.fr " platform is to present the products offered for sale by the company AU-DELÀ DE L'EAU under the brand name "LM INNOVATION".
Through this platform, any Internet user can order the products presented by the professional.
Use of the platform is subject to the present "CGV / CGU") which are accessible on the site under the heading "CGV / CGU")".

ARTICLE 1: PURPOSE

These general terms and conditions of sale (hereinafter referred to as "cgv / cgu") drawn up by the professional are intended to govern and regulate all sales offered via the " lm-innovation.fr " website.
These "cgv / cgu") apply to all transactions carried out via the said platform.
The company au-delà de l'eau reserves the right to modify these "cgv / cgu") at
any time. The user is subject to the terms of the "cgv / cgu") in force on the day the transaction between the customer and the professional is completed.
The placing and confirmation of an order implies full and complete acceptance of these "cgv / cgu"), with the customer acknowledging that he/she has been fully informed of their content. The customer acknowledges that he/she has been fully informed of the content of the present "cgv / cgu"). Knowledge and acceptance are indicated by a ticked box, with a link to the "cgv / cgu"), on which the customer can click to accept.
The customer also declares that he/she is legally able to enter into a contract, and that he/she has all the powers and rights to do so, under and by application of French law.
Unless proven otherwise, the information recorded by the professional will constitute proof of the transactions carried out with the buyer.

ARTICLE 2: ORDERING

In the case of products offered for sale via the " lm-innovation.fr " platform, the customer selects the product(s) of interest on the professional's website, and then places them in his or her "virtual basket" with a click of the mouse.

Each product will be designated by a reference, and represented by a photograph, a technical data sheet including the description, a price, and its availability.

At the end of the order, the customer will be invited to validate his basket in order to finalize his order via the icon provided for this purpose on the platform.

The basket will then be displayed with precise identification of the products selected, their characteristics, and the unit price of each of the products in the basket, in addition to the total price of the products in the basket.

The order will then be confirmed by the customer's validation of this form and thus of the regularized order form.

By validating this form and order form, the customer confirms that he/she has read and unreservedly approved the present "CGV / CGU"), available and accessible from the AUDELÀ DE L'EAU website, a copy of which will be sent to him/her by e-mail.

This validation of the order will be analysed as the conclusion of a sales contract between the purchasing Internet user customer and the professional seller, subject to confirmation of the order by the seller, after verification of the availability of the goods ordered, as well as effective payment of the sales price and any accessories for the product(s).

The professional seller will confirm the order after checking the availability of the product(s) ordered by e-mail or SMS - according to the information given on the form filled in online by the purchaser.

This confirmation will include a summary of the order with the identification and essential characteristics of the product(s) ordered, as well as the total price of the order paid and a reminder of the pick-up or delivery methods selected by the customer, including the cost relating to the delivery method selected.

The terms and conditions of delivery are set out in ARTICLE 5- TERMS AND CONDITIONS OF ORDER Fulfilment of the "GCS / GCU").

Upon validation and confirmation of the order by the seller, the prepayment made at the time of the order by the customer will become effective.

In the event of unavailability of the product(s) or non-confirmation of the order for any reason whatsoever within three (3) days of the order being placed by the customer, the prepayment made by taking a bank imprint will be cancelled, and the cost of the order will not be debited from the customer's account.

ARTICLE 3: PRICES

The prices quoted on the platform for each of the products offered for sale are given in EUROS (€) and are exclusive of tax (HT). Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.

The products ordered are invoiced at the rates in force on the day the order is validated.

ARTICLE 4: PAYMENT

The price is payable in full by the Customer on the day the order is placed.

Payments made by the customer are made by :

• via a secure platform managed by the following bank: Crédit Maritime - Banque Populaire Grand Ouest, whose bank code is 13807 (BPGO BAYEUX), and whose branch is located in Bayeux, 14400.
• payment by cheque or bank transfer to the Vendor's bank account (details of which are given to the Customer when the order is placed).

By providing their bank details at the time of the order, the customer authorizes the professional, via the secure payment platform set up on the website, to have their bank account debited for the amount of the remuneration provided for in the order validated via the " lm-innovation.fr " platform.

The customer confirms that he/she is the legal owner of the account to be debited and is legally entitled to use it.

In the event of error or impossibility of debiting the account whose references will have been communicated, the sale will then be immediately and automatically resolved, and the contract regularized consequently will be cancelled.

If payment is made by cheque, it must be issued by a bank domiciled in metropolitan France or Monaco. Cheques are cashed on receipt.

Payments made by the Customer will not be considered final until the Vendor has actually received the sums due.

ARTICLE 5: TERMS OF ORDER EXECUTION

The Products ordered by the Customer will be delivered in mainland France by a carrier other than AU-DELÀ DE L'EAU.

Deliveries will be made to the address expressly mentioned by the customer at the time of ordering.

In the event of an erroneous and/or incomplete address, AU-DELÀ DE L'EAU cannot be held responsible for any failure or delay in delivery.

The delivery costs invoiced in addition to the price of the products in the basket will be those indicated when the customer confirms the order.

The delivery times mentioned are subject to confirmation of product availability, i.e. from confirmation of the order by the seller in accordance with the provisions of ARTICLE 2 - ORDER. The delivery time indicated when the order is registered is given as an indication only and is in no way guaranteed, insofar as delivery is made by an external carrier independent of AU-DELÀ DE L'EAU. Consequently, any delay in the delivery of products shall not entitle the Customer to claim damages or to cancel the order.

Transport risk is borne entirely by the customer. In the event of missing or damaged goods in transit, the Customer must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt addressed to the company.

Installation and commissioning of products sold by AU-DELÀ DE L'EAU are the sole responsibility of the Customer.

In the event that the seller does not respect its obligation to deliver the Product within the time limits mentioned at the time of the order, the consumer customer may, in accordance with the provisions of article L216-2 of the French Consumer Code, cancel the order by any means of his choice:

• by registered letter with acknowledgement of receipt addressed to AU-DELÀ DE L'EAU - Boulevard Winston Churchill, 14400 Saint-Vigor-le-Grand, France
• by e-mail to the following address: secretariat@eau-structuree.com
• or via the "lm-innovation.fr " platform

if the seller fails to comply within FOURTEEN (14) days from the date of formal notice given under the same conditions to deliver the order.

On the other hand, the customer shall be entitled to cancel the order immediately in the event of the seller's failure to meet its delivery obligation within the period agreed at the time the order was placed, provided that the said period constitutes an essential condition of the order, and has been mentioned as such at the latest at the time the order was confirmed.

For any questions, clarifications or complaints, the customer may contact the AU-DELÀ DE L'EAU customer service department at the following address: secretariat@eau-structuree.com.

ARTICLE 6: RECEPTION

Taking possession of the product(s) constitutes acceptance of the good(s).

In the event of delivery to the address indicated on the order form, receipt of the parcel without reservation will constitute full acceptance of the products given to the customer.

Thus, in the event of defects or anomalies of any kind whatsoever (such as damage, incorrect quantities in relation to the order, damaged or altered packages and/or products), the customer undertakes to mention and specify the said defects or anomalies with his signature on the delivery note, or any other document, when the package is handed over.

Confirmation of these defects and/or anomalies must then be brought to the attention of the seller in parallel, within five (5) days of taking possession of the parcel, at the following address: "secretariat@eaustructuree.com".

No complaint or reservation may be made in respect of a defect or lack of conformity discovered after this period.

If the defects and/or anomalies are confirmed, the seller will then proceed to reimburse or replace the defective Product(s), at its discretion.

ARTICLE 7: TRANSFER OF OWNERSHIP AND RISKS

AU-DELÀ DE L'EAU retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the purchaser is the subject of receivership or liquidation proceedings, AU-DELÀ DE L'EAU reserves the right to claim, within the framework of the receivership proceedings, the goods sold and remaining unpaid.

In all cases, the transfer of risks for the product(s) takes place from the moment the customer takes possession of the product(s), regardless of how the order is delivered.

ARTICLE 8: CONSUMER CUSTOMER RIGHT OF WITHDRAWAL

The consumer or non-professional customer - i.e. the natural person acting for purposes which do not fall within the scope of his professional activity (commercial, industrial, craft or liberal) - has, by application and in accordance with the provisions of article L 221-18 of the French Consumer Code, a period of FOURTEEN (14) working days from receipt of the goods.

If the time limit expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The right of withdrawal does not have to be justified, the only obligation for the customer being to notify his decision to the professional and/or the seller within this period of FOURTEEN (14) days by any means of which proof of receipt must be provided.

The customer will then inform the seller of the exercise of this right by a statement expressly expressing this wish, or by the withdrawal form at the end of these "GTC / GCU".

This declaration or form must clearly mention the number of the order subject to the right of withdrawal, and must then be sent by the customer to the seller within this period any means of his choice:

• by registered letter with acknowledgement of receipt addressed to AU-DELÀ DE L'EAU - Boulevard Winston Churchill, 14400 SAINT-VIGOR-LE-GRAND
• by e-mail to the following address: secretariat@eau-structuree.com.

The exercise of the right of withdrawal within the time limits and under the conditions thus set out will not incur any penalty or compensation of any kind whatsoever to the detriment of the customer, with the exception of the costs and expenses of return since, in this case, the customer must return the product(s), at its full and exclusive cost, expense and risk, at its option by post or carrier to the following address AU-DELÀ DE L'EAU - Boulevard Winston Churchill, 14400 Saint-Vigor-le-Grand.

The customer undertakes to return the product(s) with all necessary precautions to ensure that the goods are returned in their original condition, in their unopened packaging, with any accessories, in addition to a copy of the proof of purchase. Failure to do so may result in the customer being held liable and, in particular, being able to claim compensation for any loss suffered by the seller as a result of any damage or alteration of any kind whatsoever to the product.

The returned goods must be in perfect condition. Consequently, the Customer may be held liable in the event of depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.

As a consequence of the exercise of this right of withdrawal, the seller will proceed, within a period of FOURTEEN (14) days from the return of the product(s), to reimburse the sale price of the returned product(s), excluding the return costs as mentioned above.

The return of altered, damaged or incomplete products is expressly excluded;

It is hereby expressly reminded that in the event of a lack of conformity, the right of withdrawal shall not apply. Where applicable, the Customer must submit a request for the goods to be brought into conformity in accordance with "ARTICLE 13: LEGAL GUARANTEES".

ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS

The content, the presentation of the site, the concept of the platform, the commercial name and other elements of this site " lm-innovation.fr " are protected by intellectual property rights of which the professional is the sole and exclusive owner.

Any reproduction or public communication by any means whatsoever, any adaptation, translation, processing or use, even partial, of the content of the site is prohibited without the prior written consent of the seller.

In addition, the LM INNOVATION brand is a registered trademark of AU-DELÀ DE L'EAU. Any representation and/or reproduction and/or partial or total use of this trademark, of any nature whatsoever, is totally prohibited.

ARTICLE 10: LIABILITY

The seller declares that its products comply with current legislation.

The seller shall not be held liable for any damage resulting from misuse of the product, or use which is not in accordance with its intended use and purpose, or in the event of negligence in the use and/or storage of the product.

By completing the order form via the seller's platform, the customer acknowledges being of legal age and having the legal capacity to contract.

The seller cannot be held responsible if the customer conceals his age.

The seller shall not be held liable in any way whatsoever in the event of failure to comply with the recommendations set out in the document entitled "ASSEMBLY AND SPECIAL INSTRUCTIONS".

The professional customer also declares and acknowledges that he/she has taken out professional liability insurance for the exercise of his/her activity, and in particular for the use of machines and tools required for the exercise thereof.

ARTICLE 11: PRODUCT EFFICACY - HEALTH INFORMATION

AU-DELÀ DE L'EAU informs its customers that the effectiveness of its products has not been scientifically proven. The nutritional, cleansing and agronomic properties of water treated by AU-DELÀ DE L'EAU products are based on in-house research and/or research carried out by private third-party companies or scientific experimentation stations. The alleged benefits are proven, but no official study carried out by a government-approved body has yet been able to attest to their effectiveness.

Therefore, and in any case, the nutritional benefits of AUDELÀ DE L'EAU products on human health are not intended to replace a balanced diet, regular physical activity and a healthy lifestyle in general.

The products sold by our company are innovative water treatment devices. They are not to be considered as medical devices, nor do they possess any of the characteristics of such devices.

ARTICLE 12: SATISFACTION GUARANTEE - MANUFACTURER'S WARRANTY

12.1 Satisfaction guarantee

AU-DELÀ DE L'EAU guarantees customer satisfaction with the quality of its products. In the event of dissatisfaction, AU-DELÀ DE L'EAU will refund the product ordered in accordance with the following terms and conditions:

AU-DELÀ DE L'EAU products are guaranteed for ninety (90) days from the date of delivery.

The satisfaction guarantee applies only to new products in the Atlas range designed for professionals (including Dauphine Pro Atlas, DN 25 Atlas, DN 40 Atlas, DN 65 Atlas, DN 100 Atlas and DN 200 Atlas). AGILOR-financed professional products are excluded.

The satisfaction guarantee does not apply to the following products: La Dauphine ; Harmoniseur ; Porcelaines piscine ; IRRIG'POWER ; Filtre à charbon.

Implementation of the satisfaction guarantee presupposes the return by the customer of a device in perfect condition in its original packaging. The products are returned by delivery via a carrier of the Customer's choice within 10 (ten) days of notification by the Customer of the implementation of the guarantee. Dismantling and transport costs are at the Customer's expense.

Transport risks are borne entirely by the customer.

AU-DELÀ DE L'EAU will reimburse the purchase price subject to receipt of the returned products in perfect condition within 10 (ten) days from the date of return.

12.2 The manufacturer's warranty

AU-DELÀ DE L'EAU guarantees the products it manufactures to its customers against manufacturing defects and normal wear and tear. In the event of a manufacturing defect or normal wear and tear of components only, AU-DELÀ DE L'EAU covers repairs to the product ordered under the following terms and conditions:

The manufacturer's warranty for products manufactured by AU-DELÀ DE L'EAU is ten (10) years from the date of delivery.

The manufacturer's warranty applies only to new products in the Atlas range intended for professional use (including Dauphine Pro Atlas, DN 25 Atlas, DN 40 Atlas, DN 65 Atlas, DN 100 Atlas and DN 200 Atlas) and to the "La Dauphine" product intended for private use. Consequently, other products, in particular the following, are expressly excluded from this warranty: Harmonizer; Swimming pool porcelain; IRRIG'POWER; Carbon filter.

The manufacturer's warranty does not cover damage to the product resulting from improper use, installation not in accordance with the instructions, negligence, external accident, inadequate maintenance or modification of the product not authorized by AU-DELÀ DE L'EAU.

The implementation of the manufacturer's warranty requires the Customer to notify AU-DELÀ DE L'EAU of any manufacturing defect or component wear within thirty (30) days of its discovery. Notification should be sent by e-mail to secretariat@eaustructuree.com or by post to "société AU-DELÀ DE L'EAU - Boulevard Winston Churchill, 14400 Saint-Vigor-le-Grand", accompanied by a detailed description of the problem, the purchase invoice and any document or photo enabling the defect to be assessed.

The Customer must return the product to the address communicated by AU-DELÀ DE L'EAU.

Products are returned by delivery via a carrier of the Customer's choice within 10 (ten) days of notification by the Customer of its implementation. Dismantling and transport costs are borne by the Customer. Transport risks are borne entirely by the Customer.

Upon receipt, AU-DELA DE L'EAU will carry out a diagnosis to confirm that the fault is covered by the warranty. If the fault is covered, AU-DELA DE L'EAU will repair or replace the faulty parts within sixty (60) days of the return date. If the fault is not covered by the warranty, the customer will be given a repair estimate.

AU-DELÀ DE L'EAU will repair the equipment subject to receipt of the returned products. Once the repair has been carried out, the machine will be sent to the customer. The cost of return shipment will be borne by the customer.

ARTICLE 13: LEGAL WARRANTIES

The seller guarantees, in addition to compliance with applicable French regulations and standards, that the Products sold new and delivered comply with the descriptions and characteristics mentioned and indicated on its website and on the order form completed by the customer.

Similarly, the customer will benefit from the warranty against hidden defects of the Products in accordance with article 1641 of the French Civil Code; in this case, the customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

The company AU-DELÀ DE L'EAU undertakes to deliver a good that complies with the contractual description and the criteria set out in Article L217-5 of the Consumer Code.

AU-DELÀ DE L'EAU is liable for defects in conformity existing at the time of delivery of the Products and which appear within two (2) years of delivery. This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code, with prescription starting on the day the Customer becomes aware of the lack of conformity.

Defects of conformity which appear within twenty-four (24) months of delivery of the Products are, in the absence of proof to the contrary, presumed to have existed at the time of delivery.

In the event of non-conformity, the Customer may demand that the Products delivered be repaired or replaced, or, failing this, that the price be reduced or the sale rescinded, in accordance with the legal conditions set out in articles L217-3 to L217-17 of the French Consumer Code.

Article L217-3
The seller delivers a good that conforms to the contract and to the criteria set out in article L. 217-5. He is liable for defects in conformity existing at the time of delivery of the good within the meaning of article L. 216-1, which appear within two years of delivery.

In the case of a contract for the sale of goods containing digital elements :
1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the period of supply, the seller is liable for any lack of conformity of the digital content or digital service that appears within two years of delivery of the goods;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any lack of conformity of the digital content or digital service that becomes apparent during the period in which it is supplied under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of article L. 217-19.

The seller shall also be liable, within the same time limits, for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.

This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.

Article L217-4
The good conforms to the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract.

Article L217-5
I.- In addition to the criteria of conformity with the contract, the good is conform if it meets the following criteria:
1° It is fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it possesses the qualities that the seller presented to the consumer in the form of a sample or model, prior to the conclusion of the contract;
3° Where applicable, the digital elements it contains are supplied according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is supplied with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;
5° Where applicable, it is supplied with updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the good as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.

II - However, the seller is not bound by any of the public statements mentioned in the preceding paragraph if he can demonstrate:
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time the contract was concluded, the public statements had been corrected under conditions comparable to the initial statements; or
3° That the public statements could not have influenced the decision to purchase.

III - The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded.

Article L217-7
Defects in conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect claimed.

For used goods, this period is twelve months.

When the contract for the sale of a good containing digital elements provides for the continuous supply of digital content or a digital service, any lack of conformity that appears ... is presumed to have existed at the time of delivery of the good:
1° During a period of two years from delivery of the good, when the contract provides for this supply for a period less than or equal to two years, or when the contract does not determine the duration of supply;
2° During the period during which the digital content or digital service is supplied under the contract, when the contract provides for this supply for a period greater than two years.

Article L217-8
In the event of a lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing this, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section.

The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled its obligations under this chapter, in accordance with articles 1219 and 1220 of the French Civil Code.

The provisions of this chapter are without prejudice to the award of damages.

Article L217-9
The consumer is entitled to demand that the goods comply with the criteria set out in sub-section 1 of this section.

The consumer asks the seller to bring the good into conformity, choosing between repair and replacement. To this end, the consumer makes the good available to the seller.

Article L217-10
The goods must be brought into conformity within a reasonable time, which may not exceed thirty days following the consumer's request and without any major inconvenience for the consumer, taking into account the nature of the goods and the use intended by the consumer.

Repair or replacement of non-conforming goods includes, where applicable, removal and return of the goods and installation of the repaired or replacement goods by the seller.

A decree specifies the terms and conditions for bringing the property into compliance.

Article L217-11
The goods must be brought into conformity at no cost to the consumer.

The consumer is not obliged to pay for the normal use made of the replaced good during the period prior to its replacement.

Article L217-12
The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or would entail disproportionate costs with regard to:
1° The value that the goods would have had in the absence of the lack of conformity;
2° The significance of the lack of conformity; and
3° The possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the property into compliance if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°.

If these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.

Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity shall be justified in writing or on a durable medium.

Article L217-13
All goods repaired under the legal warranty of conformity benefit from a six-month extension of this warranty.

If the consumer chooses repair, but this is not carried out by the seller, bringing the goods into conformity by replacing them starts a new legal warranty period for the replaced goods. This provision applies from the day the replacement item is delivered to the consumer.

Article L217-14
The consumer is entitled to a reduction in the price of the goods or to rescission of the contract in the following cases:
1° If the professional refuses to bring the goods into conformity;
2° If the goods are brought into conformity after a period of thirty days following the consumer's request, or if this causes him a major inconvenience;
3° If the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if he bears the installation of the repaired or replacement goods or the related costs;
4° If the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods, or to rescission of the contract, if the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.

The consumer is not entitled to rescind the sale if the lack of conformity is minor, which it is up to the seller to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price.

Article L217-15
In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to obtain a reduction in the price of the goods.

The price reduction is proportional to the difference between the value of the good delivered and the value of this good in the absence of the lack of conformity.

Article L217-16
In the cases provided for in article L. 217-14, the consumer informs the seller of his decision to cancel the contract. He returns the goods to the seller at the latter's expense. The seller reimburses the consumer for the price paid and returns any other benefits received under the contract.

If the lack of conformity relates only to certain goods delivered under the contract of sale, the consumer has the right to rescind the contract in respect of all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the conforming goods.

For contracts mentioned in II of article L. 217-1, providing for the sale of goods and, on an ancillary basis, the supply of services not covered by this chapter, the consumer has the right to rescind the entire contract. Furthermore, in the case of a bundled offer within the meaning of article L. 224-42-2, the consumer has the right to rescind all related contracts.

The respective obligations of the parties to the contract, mentioned in article L. 224-25-22 and relating to the consequences of rescission for digital content and digital services, are applicable to the rescission of a contract for the sale of goods containing digital elements.

Article L217-17
The reimbursement to the consumer of sums owed by the seller under this sub-section is made upon receipt of the goods or proof of their return by the consumer, and at the latest within the following fourteen days.

The seller shall reimburse these sums using the same means of payment as the one used by the consumer to conclude the contract, unless the consumer expressly agrees otherwise and in any event at no additional cost.

Customers are expressly reminded that the warranty of conformity cannot be invoked for particular characteristics of the goods to which they have expressly consented and which they have been informed deviate from the criteria of conformity.

It is also expressly pointed out that the warranty for hidden defects does not apply to apparent defects.

Also excluded are defects and deterioration caused by natural wear and tear, except for products covered by the manufacturer's warranty mentioned in ARTICLE 12, or by an external accident, by a modification of the product not foreseen or specified by AU-DELÀ DE L'EAU, by its abnormal use, by misuse, by its use in conditions different from those for which it was manufactured, as well as in the event of negligence or lack of maintenance on the part of the Customer.

If the customer wishes to assert his rights under the warranty for hidden defects or the legal warranty of conformity, he may then return the product(s) by post or carrier, to the following address: AU-DELÀ DE L'EAU - Boulevard Winston Churchill, 14400 Saint-Vigor-le-Grand.

In addition, the Customer will benefit from a manufacturer's warranty of ten (10) years for new products and under the conditions mentioned in "ARTICLE 12: SATISFACTION WARRANTY - MANUFACTURER'S WARRANTY" - "12.2 Manufacturer's warranty".

The Customer will benefit from the manufacturer's legal warranty on the products ordered and used by AU-DELÀ DE L'EAU.

If the customer wishes to benefit from and apply one of the guarantees linked to the acquisition of the new product(s) ordered, the customer must first notify the seller of his decision to assert his rights in this respect, by e-mail to the following address: secretariat@eau-structuree.com.
The Product(s) must be returned in the condition in which it (they) was (were) received, with all accessories and packaging, using the return slip, expressly mentioning the order references (number and date) and a copy of the purchase invoice.

The seller undertakes to reimburse the customer for the amount of the products returned, under guarantee, at no cost to the customer, provided that the non-conformity and/or defectiveness of the products is noted and confirmed by the seller.

Payment will be made to the bank account whose references will have been communicated by the customer at the time of validation of the order, as soon as possible after the seller has noted the defect or non-conformity.

AU-DELÀ DE L'EAU shall not be held liable for any of the following:

• alleged non-conformities relating to characteristics or a specific use of the goods not expressly mentioned by the customer;
• defects and apparent non-conformities;
• defects and deterioration caused by natural wear and tear, except for products covered by the manufacturer's warranty mentioned in ARTICLE 12, or by an external accident, by a modification of the product not foreseen or specified by AU-DELÀ DE L'EAU, by its abnormal use, by misuse, by its use in conditions different from those for which it is manufactured, installed and implemented, as well as in the event of negligence or lack of maintenance on the part of the customer;
• disorders or damage resulting from the customer's failure to comply with the recommendations expressly mentioned in the document entitled "ASSEMBLY AND SPECIAL INSTRUCTIONS", supplied with the machine, in particular with regard to the conditions under which water and plant protection products are supplied, which may have a direct impact on the proper use and operation of the machine.

ARTICLE 14: TERMINATION

In the event of non-performance of any of its obligations by either party, the other party may, 15 (FIFTEEN) days after formal notice sent by registered letter with acknowledgement of receipt (LRAR) has remained unsuccessful, invoke the automatic termination of the contract.

Termination is also automatically incurred in the event of error or impossibility of debiting the account whose references have been communicated, as provided for in ARTICLE 3 - PAYMENT. This termination takes effect on the date on which the direct debit is returned as "refused" by the Customer's bank.

ARTICLE 15: PERSONAL AND NOMINATIVE DATA

The customer acknowledges that he/she is aware of and accepts that personal and nominative data concerning him/her is collected by AU-DELÀ DE L'EAU for the purposes of its activity.

Information collected via the " lm-innovation.fr " website is processed for the purpose of managing and tracking orders.

In accordance with Articles 13 and 14 of the General Data Protection Regulation n°2016/679 of the European Parliament and of the Council of 27.04.2016, and Article 32 of the "Informatique et Libertés" law of 16.01.1978, the customer is informed of the following.

• The purpose of processing this data is to manage and follow up the customer's order;
• these data will be kept until the total and effective execution of the order;
• customers have the right to access, rectify or delete their personal data, which they can request from AU-DELÀ DE L'EAU by e-mail or post;
• the customer has the right to request a limitation of the processing of his/her personal data;
• customers have the right to object to the processing of their personal data and the right to the portability of their data;
• the customer may withdraw his consent to the processing of his personal data at any time by writing to AU-DELÀ DE L'EAU by e-mail or post;
• customers may lodge a complaint with the CNIL (www.cnil.fr) if they feel that their personal data has not been protected during the processing of their file;
• AU-DELÀ DE L'EAU keeps a register of personal data processing activities, which the customer may request to consult if he or she so wishes.

ARTICLE 16: CONSUMER CUSTOMER'S RIGHT TO OBJECT TO TELEPHONE CANVASSING

Customers who do not wish to be the subject of commercial canvassing by telephone can register free of charge on a list of opposition to telephone canvassing, pursuant to Article L.223-1 of the Consumer Code on the following link: www.bloctel.gouv.fr

ARTICLE 17: CONSUMER CUSTOMER RIGHT OF WITHDRAWAL

The consumer or non-professional customer - i.e. the natural person or legal entity acting for purposes that do not fall within the scope of its professional activity (commercial, industrial, artisanal or liberal) - has, by application and in accordance with the provisions of article L 221-18 of the French Consumer Code, a period of fourteen (14) days to exercise its right of withdrawal without having to justify its reason or bear penalties.

The fourteen (14) day cooling-off period begins on the date the quotation or order form is signed.

The Customer may inform AU-DELÀ DE L'EAU of his wish to withdraw using the withdrawal form attached hereto by any means.

In the case of advance payments, reimbursement will be made within fourteen (14) days of receipt of the withdrawal form.

The Customer who exercises his right of withdrawal must return the goods by parcel to the company AU-DELÀ DE L'EAU within fourteen (14) days of receipt of the withdrawal form at the following address: AU-DELÀ DE L'EAU - Boulevard Winston Churchill, 14400 SAINT-VIGOR-LE-GRAND.

Return costs are at the Customer's sole and exclusive expense, risk and expense.

The returned goods must be in perfect condition. Consequently, the Customer may be held liable in the event of depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.

It is hereby expressly recalled that in the event of lack of conformity, the right of withdrawal shall not apply. Where applicable, the Customer must submit a request for the goods to be brought into conformity in accordance with ARTICLE 13: LEGAL GUARANTEES.

ARTICLE 18: COMPLAINTS AND MEDIATION OF CONSUMER DISPUTES

The Customer may have recourse free of charge, under the conditions set out in Articles L612-1 et seq. and R612-1 et seq. of the French Consumer Code, to a consumer mediator for the amicable resolution of any dispute between the Customer and AU-DELÀ DE L'EAU arising from an order placed in application of the present Terms and Conditions of Sale.

The company AU-DELÀ DE L'EAU, in accordance with its legal obligations resulting from the provisions of the French Consumer Code, with regard to the settlement of disputes, adheres to the services of the FEVAD consumer mediator (Fédération du E-commerce et de la Vente à Distance), whose contact details are as follows:
→ Médiateur de la consommation FEVAD - BP20015 - 75362 PARIS Cedex 8
→ Website: www.mediateurfevad.fr

In the event of a consumer dispute which has not been settled amicably, the consumer may contact the ombudsman service by clicking on this link: www.economie.gouv.fr/mediation-conso/liste-desmediateurs-references

The European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase, and then pass them on to the relevant national ombudsmen. Click here to access this platform.

Unless there are mandatory provisions to the contrary, such as those arising from EC Regulation no. 593/2008 of June 17, 2008 on the law applicable to contractual obligations (Rome I), these GTC are governed by French law.

In the event that one or more clauses of these GCS should become null and void as a result of a change in legislation or a court decision, this shall in no way affect the validity of the other clauses, which shall remain applicable.

CANCELLATION FORM

Articles L.221-18 to L.221-28 of the French Consumer Code

TO BE COMPLETED, SIGNED AND RETURNED WITHIN THE WITHDRAWAL PERIOD SPECIFIED BELOW

Your choice :

• By registered letter with acknowledgement of receipt addressed to:
  AU-DELÀ DE L'EAU
  Boulevard Winston Churchill
  14400 SAINT-VIGOR-LE-GRAND
• By e-mail to : secretariat@eau-structuree.com

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