I- INTRODUCTION

1.1SAS Établissements MARCEL LAUTIER -

Registered with the RCS of Castres under number: 716 020 219 00011

With registered office at 400 Rue Marcel Lautier, 81200 Aussillon.

Represented by :

- Mr Jacques BARTHES, as Chairman

- Mr Olivier BARTHES, as Managing Director

- Marie BARTHES, as Managing Director,

With full powers for the purposes hereof.

1.2The Company is the owner and publisher of the commercial website www.germiflor.com (hereinafter the "Site"), which sells all products useful for farm operation, in particular fertilisers, soil improvers, bio-stimulants, etc. (hereinafter the "Products"). The Site is hosted by.

RCS Lille Métropole 424 761 419 00045 - Code APE 2620Z - VAT No.: FR 22 424 761 419
Head office: 2 rue Kellermann - 59100 Roubaix - France

1.3For the proper functioning and security of exchanges and transactions between it and its Clients, the Company uses the MOLLIE platform (MOLLIE
SIRET: 848 101 895 00011 (Foreign company not registered with the RCS) - APE code 62.09Z
Registered office: KEIZERSGRACHT 126 1015CW AMSTERDAM NETHERLANDS)

This payment solution is mainly for private individuals placing orders via the site. It can also be used for sales to professionals, by sending a payment link. The company applies a conventional payment system for professional customers who do not use this payment platform (bill of exchange, bank transfer, cheque, etc.).

1.4The purpose of these General Terms and Conditions of Sale (hereinafter the "GTCS") is to define all the conditions under which the Company markets its Products on the Website.

1.5These GCS govern the contractual relationship between the Company and any Site customer (hereinafter the "Customer"). The "Customer" includes, in particular, "Professional Customers", who are treated specially on specific points.

Customers are informed that certain Products sold on the Site, in particular the professional range, can only be purchased by "professional" Customers;

Private customers will turn to the "Marcel Le Jardinier" range.

The "Professionals" range is exclusively reserved for professional customers (the list of reserved products is available on the website or from GERMIFLOR - Marcel LAUTIER).

Professionals" are legal entities, self-employed professionals, and self-employed entrepreneurs who have a SIREN number and act exclusively in the context of their professional activity, including when they act in the name and on behalf of another professional within the meaning of the preliminary article of the French Consumer Code (hereinafter referred to as "Professional Customers").

Concerning professional customers, any order placed, either directly or through the seller’s agent, is only definitive after acceptance by the seller. Any addition to or modification of the order is only binding on the seller if accepted in writing.

If the buyer fails to meet one of his obligations (default or late payment) during a previous order, he may refuse the sale unless he provides guarantees or cash payment.

1.6No general terms and conditions of purchase may take precedence over these GCS or be invoked by the Customer against the Company unless accepted in writing and signed by both parties.

1.7These GTC are permanently displayed at the bottom of each Site page. As such, they are binding on all Customers. These GCS govern any order placed by a Customer on the Site. By placing an order, the Customer acknowledges that they have read these GCS and accepts them unreservedly.

To this end, the Customer clicks and declares acceptance of the Site's General Terms and Conditions of Sale several times during the Order process. No order shall be final until the Customer has accepted these General Terms and Conditions of Sale.

Professional Customers who accept these GCS declare that they are acting in their capacity as professionals registered in the commercial register and in the context of their professional activity.

1.8Accordingly, any reservation concerning these GCS or any special condition communicated by the Customer to the Company shall not, unless formally accepted in writing and signed by the Company, prevail over the GCS.

1.9The Company reserves the right to modify these GCS unilaterally. The GCS governs the Customer's order and is in force on the day the order is placed.

1.10The fact that the Company does not avail itself at a given time of any of the stipulations of the present provisions of the GCS may not be interpreted as a waiver of the right to avail itself of any of the said conditions later.

1.11The product data sheet will specify whether the product is subject to approval, labelling, etc. The number of approvals or labels will be mentioned on the product data sheet and invoice, and the same will apply if the product is certified as organic.

II - PRODUCTS OFFERED ON THE SITE

2.1The Company takes particular care in providing its customers complete information about the products sold on the Site. To this end, each Product is the subject of a description sheet summarising its essential characteristics, price before and after tax, its availability, and the terms and conditions of its delivery.

2.2The photographs, texts, graphics and other elements illustrating the Products offered by the Company on the Site are given for information only and are subject to change without notice. The photographs are not necessarily contractual.

2.3The Products offered are intended for the European Union market. It is the responsibility of the Customer who is considering exporting the Products within or outside the territory of the European Union to ensure that the Product in question is compatible with the legislation of the country of destination. The Company therefore declines all responsibility in the event of the export of non-compatible Products, which the Customer expressly accepts by placing the order.

2.4The Customer is hereby informed that the products sold on the website and any other means of sale by the company are living products that may develop mould, crumble or become clogged without any impact on their effectiveness and performance. If in doubt, the Customer may contact the After Sales Service (05.63.61.06.59 - contact@germiflor.com). Products must be stored and used following the instructions on the technical data sheets, bags or labels. These products are exclusively for agricultural use and not edible (even for animals).

2.5A person is available on the Site, by email or by telephone during opening hours, to provide Professional Customers and users of the Site with appropriate information concerning the use of the products, the health and environmental risks associated with such use and the safety instructions for managing these risks.

The company also sells its Products outside the Site (by telephone, e-mail, distributor or sales representative) to meet the needs of Customers who do not wish to order online.

2.6For professionals and farmers - Fertiliser spreaders and stand-on hoppers: can only be used in zones A, B and C. The company provides spreaders free of charge and offers hoppers for delivery to make it easier for farmers to spread their products.

III- CREATING A CUSTOMER ACCOUNT

3.1 Creating a Customer account is compulsory to place an order and thus purchase the Products offered for sale by the Company on the Site.

To do this, the Customer must visit the www.germiflor.com website and complete all the information required to create a customer account (first and last name, e-mail address, delivery address, etc.). The information provided remains the sole responsibility of the Customer. The Company may never be held responsible for incorrect details filled in by the Customer when placing an order, particularly an error in the delivery address or mobile telephone number.

The Customer is entirely responsible for the information filled in, which will be considered when executing the Customer's order.

3.2Professional Customers can create their account online or by exchanging e-mails, via a sales representative, etc.

To access a professional account and any conditions of sale and payment specific to professionals, the Customer must provide the following before creating the customer account:

- a KBIS certificate less than 3 months old,

- valid ID of the legal representative,

- a bank details form and an intra-Community VAT number,

- certify that they are acting strictly within the scope of their professional activity, that they have checked the restrictions on mixing the products in their order, and that they have read the safety data sheets for the product or the Technical Data Sheet.

3.3The Client's identifiers and passwords are strictly personal; any order made from a Client's account is deemed to have been made by the Client, who is obliged to do so. The Client must inform the Company of any loss of this information without delay, and the Company will send the Client new identifiers and passwords. The Company declines all responsibility in the event of loss or misuse of this information.

3.4If a Customer notices an error (e.g., delivery address) after the account is validated, they have 4 hours to contact the company in writing to request a correction.

Professional customers have 24 hours to request a correction.

After these deadlines, the company may invoice additional processing and transport costs.

3.5The delivery place indicated by the Customer when placing the Order must be easily accessible and present no risk or danger for any vehicle. The products shall be unloaded under the direction and responsibility of the Customer

IV- ORDERING AND PAYMENT

4.1 Product selection

The Customer selects the Product(s) they wish to order and clicks on the "Add to basket" button. To finalise the Product selection stage and move on to the next stage, the Customer must click the "Checkout" button. This step validates the Customer's basket (the "Order").

4.1.2Validating the order summary

The Order summary enables Customers to check the details of their Order and correct any errors before confirming it to express their acceptance.

The Order summary includes the following information:

• The products ordered
• If applicable, the price per tonne, Kilo or Litre of the Products ordered
• The total price of the Order
• The Customer's billing and delivery addresses
• The delivery period of the Order is by Product.

4.1.3Registering the Order: By clicking "Next", the Customer registers their order, provided that they have previously accepted these GTS by ticking the appropriate box.

The customer receives an order number and confirmation on screen and/or by e-mail as soon as the order is registered. The data recorded by the company (Ets Marcel Lautier & Cie—Germiflor—400 Rue Marcel Lautier 81200 Aussillon—05 63 61 06 59) constitutes proof of the order’s nature, content, and date.

4.2 Payment

4.2.1The function the Customer uses to validate their Order includes the words: "Choose your method of payment" or "Payment", indicating that placing an Order on the www.germiflor.com site obliges the Customer to pay for it.
Once the payment stage has been completed, the Customer can no longer change the prices or order information.
The applicable prices are those shown on the order confirmation. Any change to the order confirmation will be considered a new order and may result in a price change.

4.2.2Depending on the value of the Order, the following methods of payment are available to the Customer:

• By bank card: the Customer must first check their payment limits with their bank (MOLLIE platform link).
• By bank transfer: Customers must check their transfer limits with their bank beforehand. The Customer has forty-eight (48) working hours following the validation of their Order to transfer to the Company's account. After this period, the Order will be automatically cancelled.
• By SEPA direct debit mandate, the Customer must enter their bank details and sign electronically.
• By PAYPAL: the customer must connect to their PAYPAL, APPLE PAY, GOOGLE PAY or KLARNA account (via the MOLLIE platform).
• Professional Clients may also pay by bill of exchange, cheque, bank transfer, or MOLLIE payment link sent by the company.

4.2.3As soon as the Customer has validated his/her Order, he/she shall receive an acknowledgement of receipt e-mail summarising the essential elements of the Order, mentioning his/her Order number and the delivery deadline.

Once validated, the Order is firm and binding on the Customer.

4.2.4The Order will be dispatched to the Customer once payment has been confirmed.

When the carrier takes charge of the order, an order tracking information e-mail may be sent to the Customer. The Customer may receive an Order in several partial shipments.

4.2.5The products sold remain the seller's property until the price has been paid in full. Non-payment, even partial, may result in the products being reclaimed. The right to reclaim shall apply even during the Customer's receivership or liquidation. In the event of reclamation, the products will be returned at the customer's expense and risk. The sale will be terminated automatically, with any deposits paid remaining the seller's property by way of damages.

4.2.6Once the Order has been validated and paid for, the Customer will receive an email notification (to the email address given when the Order was placed) with details. They will then receive the invoice for their Order by email within one (1) to sixty (60) days following delivery of the Order. Upon receipt of the Order, this invoice may include additional costs, particularly delivery.

The invoice includes details of the price of each Product, excluding VAT, and, where applicable, the amount of VAT calculated on the total, excluding VAT and included in the total, including VAT.

Customers can also download and print all their invoices from their Customer Area.

4.3For professional customers only, regardless of how they order:

- The Order shall not be final until it has been accepted and validated by the Company.

Any modification or addition to an Order shall only be effective after the company has validated and written it down.

- In the event of a previous default by the Customer (late payment or non-payment), the company reserves the right to refuse the Order unless the Customer provides guarantees or payment is made in cash.

To open a business account, the customer must first provide the information referred to in 3.2 of these terms and conditions.

V- PRICING

5.1All prices of Products displayed on the Site are expressed in euros, exclusive of tax (H.T.) and inclusive of all taxes (T.T.C.) at the rates in force on the day of the Order.

5.2Any costs will be added to the price of the Products, in particular delivery costs, which are themselves expressed exclusive of tax (H.T.) and inclusive of all taxes (T.T.C.), except for certain Products for which the delivery costs are directly included in the price of the Products.

5.3The Customer is hereby informed that these prices are subject to change depending on where the Order is delivered. The prices displayed on the Website are for information purposes only and may vary depending on where the Order is delivered.

5.4The prices invoiced are the prices delivered. The delivered prices take into account, cumulatively :

• Order preparation costs
• The geographical location of the place designated by the Customer as the place of delivery of the order
• , the weight (in tonnes, kilograms, litres, etc.) of the Product(s) ordered on the day of delivery
• The number and/or quantity of Products ordered.
• Specific taxes are used to calculate the purchase price, excluding VAT.

5.5To access the delivery costs, the Customer must enter the postcode or address of the place where they wish the Product(s) to be delivered. The prices displayed will, therefore, only be valid for the postcode indicated when logging on to the Site or the postal delivery address indicated when creating their Customer account and, thus, their Order.

5.6The Company reserves the right to change the Order preparation and delivery charges at any time. However, the Products shall be invoiced based on the charges in force on the day the Order is registered. The Company hereby informs its Customers that in the event of an erroneous, obviously derisory or low price being displayed for any reason whatsoever (including, but not limited to, a computer bug, a manual error or a technical error), the Order - even if validated by the Company - will be cancelled. The Customer will be informed of this as soon as possible. If they so wish, the Customer can place their order again at the corrected price.

5.7It is expressly agreed that only the price excluding taxes (including, but not limited to, VAT, ecotaxes, etc.) is used as the basis for calculating discounts, rebates and other financial advantages.

5.8All Orders placed on the Site must be paid for in euros.

5.9Unless stipulated otherwise in writing at the time of sale, the Customer undertakes to bear the cost of any change in the duties and/or taxes affecting the products in the order, even if these arise after the date on which the contract is concluded and the order placed.

5.10Special rules concerning prices and payment will apply exclusively to professional customers:

- Request prices do not constitute a binding offer.

- The products are invoiced in euros at the rate in force on the day of the order. These prices exclude all costs, duties, taxes and levies of any nature relating to the order, applicable outside French territory and/or in the buyer's country, which will be invoiced to the buyer.

- Unless otherwise stipulated, products are payable at the seller's registered office no later than 45 days after the invoice date.

If the professional customer does not pay, the sale will be automatically cancelled eight (8) days after formal notice.

In the event of late payment, the seller reserves the right to suspend all orders in progress in favour of the buyer.

Under the provisions of article L 441-6 of the French Commercial Code, any delay in payment by the due date specified above will give rise to the application of late payment penalties equal to the legal interest rate plus 1.5.

These penalties are payable ipso jure without the need for a reminder.

Following the provisions of Decree no. 2012-1115 of 2 October 2002, any delay in payment shall automatically entail, in addition to late payment penalties, an obligation on the part of the professional customer to pay a fixed penalty of forty Euros (€40) for collection costs.

The seller may claim an additional indemnity, with supporting documents, to reimburse the recovery costs if they exceed the amount of the fixed indemnity.

5.11In the event of a sudden and considerable increase in the price of raw materials or any other exceptional and unforeseeable change in production costs beyond the seller's control, the company reserves the right to cancel the sale without compensation to the Customer. In this event, the Order will be considered null and void, and any sums already paid by the Customer will be refunded in full as soon as possible.

VI - DELIVERY

6.1All Orders are binding on the Customer, who consequently undertakes to take delivery of the Products ordered.

6.1.2Where delivery is made by availability, the Seller informs the Customer in writing of the availability date. The Customer undertakes to take delivery within ten (10) days of receipt of the notice of availability.

6.2The Customer undertakes to accept delivery of the Products following the information provided when the Order is placed (particularly concerning the delivery address) and to comply with the delivery period indicated on the Order summary.

When the order is placed, the Customer selects the method of delivery. Once the order has been validated, the Customer receives a summary e-mail from the carrier.

Under no circumstances will the Customer be able to choose the delivery period after the order has been placed; the Customer must comply with the delivery period indicated on the summary e-mail sent by the carrier.

For private customers, the company generally dispatches products via GLS. A GLS e-mail will therefore inform the customer of the planned delivery date and the possibility of modification (date or relay point) depending on the availability of the GLS network.

If the Customer cannot deliver all or part of the Order for any reason, the Company undertakes to make a new delivery of the Products concerned.

Any additional costs incurred due to this postponement will be invoiced to the Customer.

Failure to make the second delivery shall be deemed a refusal by the Client to accept the Order, resulting in the Company cancelling the Order and the Client paying compensation to the Company. This shall also apply if the Client informs the Company that the delivery details it provided when placing the Order were incorrect. The information given by the Client when placing the Order must be correct and precise enough to enable the carrier to unload and deliver the products in the best possible conditions.

6.3The delivery times indicated are in days, weeks or months.

As a reminder, the delivery times, transport times, or preparation times indicated by the Company are given for information only and in no way constitute a commitment on the part of the Company. Any delays do not entitle the Customer to cancel the order, refuse the products, or claim damages.

6.4For orders of certain products, particularly fertilisers in full lorry loads or sent by courier, the carrier appointed by the Company to deliver to the Customer may be required to call the Customer on the mobile number given when the order was placed to schedule the day and time of delivery.

If the Customer does not respond to the carrier's telephone call to make an appointment before delivery, the carrier undertakes to call back to arrange a new appointment. If the Customer does not respond after the 2nd attempt, the carrier may come to the Customer's premises on any working day and at any time.

If the carrier cannot unload the products for any reason whatsoever, in particular the customer's absence at the place of delivery indicated when the order was placed, this will be considered a refusal by the Customer to accept the products.

6.5The delivery place indicated by the Customer when placing the Order must be easily accessible and present no risk or danger for any vehicle (van, heavy goods vehicle, etc.). The products shall be unloaded under the direction and responsibility of the Customer.

Under no circumstances shall the Customer be entitled to claim compensation if the Company cannot deliver the Order because the place of delivery is inaccessible to the Company or presents a risk or danger.

If the carrier is unable to access the delivery point indicated by the customer, the customer may be billed for the charges.

6.5Upon receipt of the Products, the Customer's (or their representative's) responsibility is to check their apparent condition before unloading them.

6.6The Customer alone is qualified to make reservations with the carrier, i.e. to specify any apparent damage/defects on the transport receipt and to confirm these reservations with the airline within eight (8) days of delivery, by registered letter with acknowledgement of receipt, following the provisions of Articles L. 133-3 et seq. of the French Commercial Code. A copy of this letter must be sent to the Company. The Company cannot accept the Customer's claim if no reservation is made on the carrier's delivery note.

6.7Without prejudice to these measures to be taken about the carrier, any claims by the Customer against the Company, resulting from the discovery of an apparent defect or non-conformity of the Products about the order or the dispatch note, must be made in writing within eight (8) days of the date of delivery of the Products (as evidenced by the postmark). Otherwise, delivery will be deemed to have been accepted.

6.8It is the Client's responsibility to provide any justification for the designation of any apparent defects or anomalies observed. The Client must allow the Company to ascertain these defects or non-conformities and remedy them if necessary. It shall refrain from intervening or having a third party intervene.

6.9After checking the Product(s) with the carrier before unloading, the Customer shall sign the delivery note. No complaint will be accepted unless the Customer produces the duly signed delivery note.

6.10The Customer is entirely responsible for unloading the Products. By accepting the GTC, the Customer assumes full responsibility for unloading the Product(s) ordered.

6.11By accepting the GTC, the Customer undertakes to be able to unload the order of heavy Products, such as fertilisers, from the carrier's vehicle (lorry, van, tanker, etc.) in the best possible conditions and with the appropriate handling equipment. The Customer must manoeuvre their tool to place the Product(s) on the ground.

Suppose the Customer does not own the appropriate handling equipment and/or cannot manoeuvre. In that case, the Company reserves the right to invoice the costs associated with processing the return of the Product(s) (in particular transport, reception, examination of the Product(s) and any other action taken, in particular legal action). The Customer's business must be accessible to the carriers, regardless of the transport vehicle. In the event of inaccessibility, the Customer agrees on a meeting point with the airline to collect the goods using their own means. Any additional costs incurred due to the Customer's failure to do so will be charged to the Customer.

6.12Quantity different from that ordered. In the case of an order involving a weight, e.g. an order for 28 kg of fertiliser, the Company, which is responsible for providing the means of transport, may benefit, on each delivery, from a latitude of ten (10) per cent more or less. The weight invoiced to the customer is recorded on the transport document signed at the departure of the goods/product. In the event of a shortfall in weight and/or a numerical shortfall, the Customer must provide proof that the quantity indicated on the transport document does not correspond to the amount delivered. In all cases, the Customer must also make reservations with the carrier following articles 105 and 106 of the French Commercial Code and immediately notify the Company by letter with acknowledgement of receipt.

6.13With the Customer's agreement, the packaging may differ from that indicated when the order was placed. For example: 10 kilo bags instead of 20 kilo bags or 5 litre cans instead of 10 litre cans.

6.14The time taken to prepare and deliver the Order shall begin from the date the Company finally validates it, as set out in Article 4.1.3 of these GTCS.

6.15Delivery times are given for information only. The Company will do its best to deliver the Products ordered within the indicated times. The Company shall not be held liable if delivery times are exceeded, nor shall this give rise to cancellation of the order, compensation, or payment of damages.

6.16Preparation times may be extended if the Customer does not assist in good time, or due to unforeseen or exceptional circumstances, or if a Seller or forwarding agent is involved.

6.17However, if three (3) months after the fixed delivery date, except in the event of force majeure or a breakdown in the supply of products from third parties, the Products which are the subject of the order have not been delivered, the sale may then be cancelled at the request of the Customer, who may then give written notice of his refusal to receive delivery of the Products and obtain the return of the deposit paid or the payment for his order, to the exclusion of any other compensation or damages.

VII- TRANSFER OF RISK

7.1The transfer of risks for the products the company sells occurs when the products are dispatched from the vendors' or the company's warehouses. This means that the Products travel at the Customer's risk, and it is the Customer's responsibility in the event of damage, loss or shortcomings to make any reservations or exercise any recourse with the carrier(s) responsible. To file a complaint about the quality of the goods, the Customer must indicate this on the delivery note and sign it. If the duly signed delivery note is not presented, the Customer cannot complain to the Company.
Suppose the Client does not have access to a delivery note. In that case, the Client must send their complaint, ideally with photographs, by post with acknowledgement of receipt to the Company's address within forty-eight (48) hours of receipt of the order.

VIII- UNAVAILABILITY OF PRODUCTS

8.1In the event of force majeure or unavailability of the Products, the Company reserves the right to cancel the Order. The Customer shall not be entitled to claim any compensation.
Our commitments shall be suspended or cancelled in all cases where the non-performance of an obligation is due to force majeure as defined by the International Chamber of Commerce (ICC 2003 Force Majeure Clause). In the event of an unforeseeable and lasting event that prevents the performance of the obligation, the company may terminate the contract.

If possible, the Company will find a similar quality product at no extra cost, subject to availability on the market. The Customer may not cancel the order and must accept a similar quality product. This does not apply to Fertilisers.

If the impediment is only temporary (strike or lock-out, flood, freezing of waterways, etc.), the delivery period will be extended by the duration of the impediment.
The Customer will not be entitled to make any complaint or request any commercial gesture.

IX- GUARANTEES

9.1Within the limits of the legal guarantees provided by the Law, the warranty is limited to the replacement or repair of defective Products to the exclusion of compensation for any other loss, particularly operating losses.

Products containing mould will not be taken back unless this is perfectly normal. The Customer may contact the After-Sales Service in the event of crumbling, significant dust, or excessive lumps (article 2.4).

The Customer may only make a warranty claim following advice from the After Sales Service.

9.2The guarantee does not cover the reimbursement of any other travel costs, labour costs, damage resulting from delays or loss of earnings or any other indirect damage, whether material or immaterial.

The guarantee does not apply to apparent defects, which must be dealt with on receipt, under Article 6 of these GCS conditions.

9.3All warranties are excluded for incidents resulting from an act of God, force majeure, as defined below, or the act of a third party, as well as for defects and deterioration caused by natural wear and tear or an incident resulting in particular from negligence on the part of the Customer, a lack of supervision or maintenance, defective use of the Products or by a modification not planned or specified by the Company, or an attempt at repair not approved by the Company.

The parties agree to recognise as a case of force majeure any event meeting the criteria defined by the Cour de cassation case law in application of article 1218 of the French Civil Code. It is understood that force majeure cannot be invoked for late payment or non-payment by the Customer.

9.4 About non-professional Customers, the seller is liable for any lack of conformity of the goods sold under the terms of Articles L 217-4 et seq. of the French Consumer Code and for any hidden defects in the goods under the terms of Articles 1641 et seq. of the French Civil Code.

Under the provisions of Articles L 211-2 and L 217-7 of the French Consumer Code, the buyer acting under the legal guarantee of conformity has 2 years from full price payment to assert their rights. Any defects in conformity that appear within 24 months of delivery of the goods will be presumed to have existed since delivery unless proven otherwise.

9.5In the event of a dispute or litigation, the parties shall seek an amicable agreement before taking any legal action. They shall provide each other with all the necessary information to this end. To this end, the buyer may refer the matter to the Médiateur du Commerce et de la Distribution - 12 Rue Euler - 75008 Paris.

In addition, the Company does not guarantee the suitability of the Products for the specific needs of the Customer or its customers or the objectives/uses assigned to them by the Customer or its customers.

The customer undertakes to comply with the instructions and doses prescribed on the technical and safety data sheets. The products sold on the site or by the company are not edible or intended for animal feed.

Finally, within the limits of the legal guarantees provided by law, the warranty is excluded for inputs (fertilisers, seeds, etc).

X- PRODUCT RETURNS AND COMPLAINTS

10.1Withdrawal or cancellation of an order. The Customer, only if they are an individual consumer, has fourteen (14) calendar days from receipt of the Order to return the item(s) without any discount. Customers may make their return claim either by contacting the company on 05.63.61.06.59, or by email: contact@germiflor.com or by filling in the form provided for this purpose on the website, the date of the call or request being taken as proof

The Company shall bear the costs within this period. The Company undertakes to generate a purchase voucher for the order amount in euros or to reimburse the Customer.

Products must be returned to the Company following the procedure described below. The period for withdrawing or cancelling an order does not apply to Professional Customers.

The Company does not accept returns on certain products: clearance products, the Septi by Lautier range, products sold in hoppers or other products announced at the time.

Products must be stored according to the conditions specified on the technical data sheets, bags, labels, big bags, etc.

Any change to the product (white-out, mould, crumbling, caking, etc.) has no impact on its quality or effectiveness. The product must be used as soon as possible to avoid any alteration or deterioration and to maintain optimum effectiveness.

10.2Where the non-business Customer has exercised their right to cancel or withdraw from an Order that has been delivered in whole or in part, the Products that are the subject of this total or partial cancellation or withdrawal of the Order must be returned by the Customer within fourteen (14) days.

The Products must be returned in perfect condition for resale (except in the case of a defect in the conformity of the Products when the Order was delivered), unused by the Customer, in their original packaging (accessories, instructions, etc.), without any marking on the packaging and with the documentation.

Products returned without their original packaging, incomplete, damaged or unsuitable for resale are the Customer's responsibility and will not be reimbursed.
The Customer must return the Products to the following address: 400 Rue Marcel Lautier 81200 Aussillon.

The Customer is responsible for returning the Products.

10.3In the event of an error on the part of the Customer, such as choosing the wrong product when placing the order, and if the return conditions are complied with, the Company :

1) Issue a returns note so that the customer can send the product(s) back to the warehouse, only if the return request is made within 14 days of delivery.

2) will issue a purchase voucher, valid for 12 months for a minimum order of €120 excluding VAT, for the amount of the product(s), only upon receipt of the product(s) at the warehouse within a maximum of 14 days after delivery, and after the Company has validated the conformity of the product(s). It should be noted that the amount of this purchase voucher does not include postage costs, which remain the Customer's responsibility.

10.4In the event of receipt of one or more products that do not comply with the Order, the Company shall systematically request several items (a photo, batch number, etc.) from the item received to establish the non-compliance of the item(s) received.

In the event of confirmation, the Company will send the customer a returns note at its own expense to recover the faulty goods. Once the goods have been received, the Company will send the customer, free of charge and as quickly as possible, the item(s) ordered on the original order or - at the customer's request - will not send the goods but will refund them. For this exchange to take place and be paid for by the Company, the return conditions must be respected.
The Company will, therefore, bear the cost of returning the product that does not conform to the order and the cost of returning the product ordered.

The Company therefore undertakes to :

> return the correct product at its own expense, and,

> If the customer wishes to cancel their order, we will issue a voucher, valid for 12 months, for an amount equal to the value of the order or the product and the delivery costs, or we will reimburse the customer for the same amount.

10.4The Customer may not consider as "not in conformity with the order" a product received that complies with the precise stipulations and information on the product sheet. If the product sheet available on the site and used to place the order does not contain exact stipulations concerning the quality, particularly the granulometry, origin or type of raw materials, the product will be considered sound, fair and merchantable.

10.5Certain additional information not included on the Product Data Sheet may be requested in writing (by email or post only) by the Client from the Company. This information relating to the product, if sent in writing (by email or post only) by the Company to the Client, may be accurate and an integral part of the product's conformity.

Under no circumstances may the Customer deem a product to be non-compliant because it has had :

> information, even in writing, more than twenty-four (24) hours before the order is placed - this applies because suppliers and stocks change, and the Company cannot guarantee the same sourcing from one day to the next,

> oral information from any person, in particular other Customers.

10.6Damaged products received: In the event of receipt of a damaged product (bag with holes, fines or huge lumps), the Customer must make a reservation at the time of delivery by the carrier. The Customer will then have fourteen (14) days to submit a written complaint to the Company (at the following e-mail address: contact@germiflor.com), failing which no refund will be made. In the case of a pierced bag, the refund will be made per kilo according to the loss estimated by the Customer and the Company. For the refund to be made quickly, the Client must send the Company details (photographs, batch number) of the damaged product by email to the following address: contact@germiflor.com.

10.7Within a withdrawal period of a maximum of fourteen (14) days after delivery, the item(s) will be fully compensated or reimbursed within thirty (30) working days.

If the returned Product complies with the return conditions set out above, the Company has thirty (30) days to reimburse the returned item(s).

Before reimbursement, the Company will prefer compensation as a voucher valid for 12 months. In the event of initial payment by Bank Card or Direct Debit, the refund will be made via its accounts. However, in the case of payment by bank transfer, the refund will be made by cheque.

If the returned Product does not comply with the aforementioned return conditions, the Company reserves the right to refuse to refund the Customer and, at the Customer's request, may return the package to the Customer, subject to the Customer bearing additional costs.

XI- LIABILITY OF THE COMPANY

11.1The Company's liability is limited solely to direct damage resulting from a proven defect in the Product or breach of the GTCS, even if the defect in question was foreseeable when the order was placed.

11.2Under no circumstances shall the Company be held liable for any indirect, incidental or special damages, in particular the cost of obtaining substitute products, loss of profits, loss of data or downtime, whether its liability is contractual, tortious or based on the warranty provided for in Article 9 of the GTCS and whether or not it is based on the use or operation of the Products.

11.3The Company may not be held liable for non-performance of the GCS in the event of force majeure as defined in Article 7 of the GCS, or in the event of damage caused by a third party or attributable to improper use or non-compliant use of the Products by the Customer, in breach of the Company's instructions and/or good practice.

11.4 Except for personal injury or death and in cases of gross negligence or wilful misconduct causing proven direct damage, the Client acknowledges that the repair of the Products and, where applicable, their replacement under these GTC represent the sole and fair compensation for any loss caused by a malfunction of the said Products attributable to the Company. If the Products cannot be replaced or repaired, the Company's liability will be limited to the amount paid by the Client to the Company for the Products in question.

XII- INSURANCE

12.1Each of the parties undertakes to maintain in force, for the entire duration of the contract, an insurance policy with a reputable and solvent insurance company, covering any damage that may occur to its property and personnel, as well as a policy covering its professional liability, to cover the pecuniary consequences of bodily injury, material and immaterial damage for which it would be liable, caused by any event and which would be the fault of its employees and/or any partner companies during the performance of the GTCS.

The Company has a civil liability insurance policy number. AU058290 with GENERALI through their broker ASSURINCO

12.2Farmers must have insurance covering the use of the spreaders loaned by the company (Article 2.6). The user must repair any damaged equipment (punctured tyres, overturning of the spreader, breakage, etc.). The maintenance department regularly checks the equipment.

XIII- INTELLECTUAL PROPERTY RIGHTS

13.1All materials, equipment, tools, moulds, copyrights, patents, designs and models or any other intellectual property rights relating to designs, specifications or information which may be given to the Client or made available to it by the Company or which may be used by the Client under this contract shall remain the exclusive property of the Company. The Client will take all necessary measures to ensure the safekeeping of these items and that they are maintained in good condition until they are returned to the Company. The Client undertakes not to dispose of them in any other way unless instructed to do so in writing by the Company and undertakes not to use them for any purpose other than that authorised in writing by the Company.

13.2The Company's trademarks, as well as all trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the Products, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of the Company. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Company, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype or, more generally, any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of the Company.

XIV- PROTECTION OF PERSONAL DATA

14.1The Company collects personal data from Customers when they create an account or place an Order.

The data collected is intended for use by the Company. It is necessary for processing and managing the Client's Orders and for the commercial relationship between the Company and the Client.

By Articles 13 and 14 of the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the buyer expressly consents to the information collected about them by the seller being processed electronically.

Data controller: GERMIFLOR - Ets MARCEL LAUTIER (representative: Mr Jacques BARTHES)

Data collected: personal data (name, business name, address, RCS or SIREN number, telephone number, bank details, etc.).

Purposes of processing: administrative management of the customer file, management of invoicing and deliveries, performance of this contract, management of disputes (defence of GERMIFLOR - Ets MARCEL LAUTIER), protection of the legitimate interests of GERMIFLOR - Ets MARCEL LAUTIER.

The categories of recipients of personal data are internal company departments and third parties (including, in particular, banks, accounting firms, government departments and services, etc.).

Data retention period: Information will be retained for as long as necessary for the performance of the contract, the fulfilment by the company of its legal and regulatory obligations, and the exercise of the prerogatives conferred on it by law and case law: 5 years from the end of the contractual relationship for administrative management and until all legal remedies have been exhausted in the case of disputes.

Customers who have expressly consented to this may receive prospecting from the Company's commercial partners through the Company's intermediary.

By placing an Order on the Site, the Customer may also be informed of offers from the Company, in the form of newsletters, event e-mails or e-mails with personalised offers of products and services provided by the Company. Suppose the Customer no longer wishes to receive these offers from the Company. In that case, they may inform the Company at any time by post or e-mail (contact details given in the "Contact" section of the Site) or via the unsubscribe link contained in each of the e-mails sent to the Customer's address by the Company or in their customer account.

The Company is responsible for processing this data. It may be transmitted to companies and subcontractors used by the Company to fulfil Orders or under the conditions indicated when the data was collected on the Site.
Furthermore, data relating to Professional Customers may be transmitted or communicated to third parties.

The processing of personal data carried out by the Company via the Site has been notified to the CNIL.

Following the French Data Protection Act of 6 January 1978, as amended, the Customer has the right to access, rectify, modify and delete data concerning him/her. This right may be exercised by sending an e-mail to contact@germiflor.com or a letter to the address: 400 Rue Marcel Lautier 81200 Aussillon.

XV- APPLICABLE LAW AND JURISDICTION

15.1These GCS are governed by French law. The parties agree that the Vienna Convention on the International Sale of Goods of 11 April 1980 does not apply to the contract.

15.2The courts within the jurisdiction of the TOULOUSE Court of Appeal shall have sole jurisdiction to hear any disputes of any nature or disputes relating to the interpretation or performance of these GTC, notwithstanding multiple defendants, incidental or summary proceedings or warranty claims, unless the Company prefers to bring the matter before any other competent court.

XVI- GENERAL PROVISIONS

16.1Severability. Suppose any provision of these GTC or its application to any person or circumstance is held invalid, void or unenforceable for any reason. In that case, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these GTC.

16.2. Notification. Any notification must be made in writing and either delivered personally, sent by registered letter with acknowledgement of receipt, or made by extrajudicial document to the address indicated in the order.

16.3.Language of the contract. The GTC are drawn up in French only. An English translation is provided for information purposes. In the event of contradiction, only the French version will be deemed authentic between the Parties.