General Terms of Sale

UNI STRENGTH OFFICIAL STORE

ARTICLE 1 - PREAMBLE

These General Terms and Conditions of Sale (GTC) are entered into between:

On the one hand, UNI STRENGHT (trading name Uni Strength), a simplified joint-stock company (société par actions simplifiée) with a share capital of 1,000 euros, whose registered office is at 6 rue d'Armaillé, 75017 Paris, registered with the Paris Trade and Companies Register (RCS) under number 894 900 372, registered for French VAT under number FR 21894900372, email: [email protected],

And on the other hand, any natural or legal person, consumer or professional, wishing to order product(s) and/or service(s) on the online store website, hereinafter referred to as “the Customer”.

These GTC apply to all sales made via the website, whether to a consumer (B2C) or to a professional (B2B). The provisions specific to B2B sales are set out in Article 15.

Any order for product(s) and/or service(s) duly validated on the UNI STRENGHT online store website is subject to the Customer's full and unreserved acceptance of these terms. The Customer signifies acceptance of these terms by ticking the box “I have read, understood and accept these General Terms and Conditions of Sale” before validating the order. This electronic acceptance has the same value between the parties as a handwritten signature.

These General Terms and Conditions of Sale prevail over all other conditions.

UNI STRENGHT reserves the right to adapt and amend the General Terms and Conditions of Sale of the online store at any time. In the event of adaptation or amendment, the conditions in force on the day the order is placed will apply.

The Customer may print these General Terms and Conditions and consult them at any time on the online store website.

ARTICLE 2 - PURPOSE

The purpose of these terms is to define the rules applicable to the distance sales contract entered into between UNI STRENGHT and the Customer, in particular the rights and obligations of each party.

ARTICLE 3 - PRODUCTS

3.1. Product quality

The photographs in the electronic catalogue illustrating the products offered for sale on the UNI STRENGHT online store website aim to describe and present the essential qualities of the items as accurately as possible. These photographs are not contractually binding. If they contain errors, UNI STRENGHT cannot under any circumstances be held liable.

In the case of a pre-order, UNI STRENGHT cannot be held responsible for changes in the quality, material or price of the products occurring between the time the pre-order is placed and the official release date of the product(s).

3.2. Product availability

The products and/or services shown for sale on the UNI STRENGHT online store website are available while stocks last.

Information on product availability is given to the Customer when placing the order. If a product becomes unavailable after the order is placed, UNI STRENGHT will inform the Customer by email or telephone and will offer either to supply replacement items with similar or superior characteristics and qualities at an equal or higher price, or to cancel the order, or to refund the price if the Customer's bank account has been debited.

ARTICLE 4 - THE ORDER

Order process

The order is placed after completing the following five successive steps:

Selection of items. The Customer clicks on the “Add to basket” icon and checks the details of the order (item, quantity, size, colour, price, etc.) using the photographs from the electronic catalogue available on the online store website. The Customer confirms the choice of the selected product(s) using the “Validate my basket” icon. Information on product availability is given when the order is placed.

Customer identification. The Customer logs in with their customer account, or orders as a guest. If the Customer does not yet have a customer account, they can create one. The Customer fills in the fields provided for this purpose with their contact details, including the following mandatory information: title, surname, first name, full delivery address, valid personal email address, telephone number.

Choice of delivery method. In accordance with Article 7 of these terms, the Customer chooses the delivery method they wish from the options offered.

Validation of the order by the Customer. After checking the details of the order and its price and correcting any errors, the Customer definitively validates the order by clicking on the “Validate order” and “Proceed to payment” icons.

Payment of the order. After validating the order, the Customer pays for the product(s) in accordance with the terms set out in Article 6 of these terms. The Customer declares, on the one hand, that they are using their own card or are duly authorised by the cardholder to make the payment and, on the other hand, that this card gives access to sufficient funds to cover all costs resulting from the order.

Order confirmation by UNI STRENGHT

Upon receipt by UNI STRENGHT of the purchase order placed by the Customer (signified by completing the five steps described above), UNI STRENGHT sends an email confirming that the order has been placed to the address previously provided by the Customer. The sending of this email results in the definitive formation of the sales contract between UNI STRENGHT and the Customer. UNI STRENGHT reserves the right to refuse any order from a Customer with whom a dispute exists.

ARTICLE 5 - PRICE

Prices are expressed in euros and include VAT at the rate in force on the day the order is placed. UNI STRENGHT reserves the right to change them, in particular in the event of a change in the VAT rate.

The price of the product is the price displayed at the time the order is placed and does not include transport and order processing costs, the amount of which is shown to the Customer before the order is definitively validated.

The price invoiced to the Customer is expressed inclusive of all taxes. It includes the price of the product(s) selected by the Customer and the costs of delivery, handling, packaging and storage of the product(s).

When a price reduction is announced with a struck-through price, the struck-through reference price is the lowest price charged by UNI STRENGHT on the website during the thirty (30) days preceding the application of the reduction, in accordance with Article L112-1-1 of the French Consumer Code.

ARTICLE 6 - PAYMENT

The price of the products is payable in full on the day the order is actually placed. The payment methods available are those shown at the payment step, from among the following:

• bank card (CB, Visa, Mastercard, American Express), via the secure payment platform of the bank LCL;
• PayPal, Google Pay and Bancontact, via PayPal;
• bank transfer, according to the instructions given when ordering;
• payment in instalments or deferred payment with Alma or Younited, under the conditions set out below.

Where fees apply to a payment method, their amount is shown before the order is definitively validated.

The Customer's account is debited as soon as the order is validated. For payment by bank transfer or in instalments, the payment schedule is the one shown when ordering.

Data security and confidentiality

Payments are processed by the payment service providers mentioned above, over an encrypted connection (SSL) which ensures the integrity and confidentiality of the data provided by the Customer.

At no time does UNI STRENGHT have access to confidential information relating to the payment method (card number, expiry date, security code).

Retention of Title Clause

UNI STRENGHT retains full ownership of the products sold until the effective, complete, and irrevocable payment of the order price, including principal and accessories, by the Customer. Any payment made by credit card is considered acquired by UNI STRENGHT only upon expiration of the applicable Visa/Mastercard dispute period, or upon final closure of any bank dispute procedure (chargeback) initiated by the Customer or their bank.

In the event of a chargeback procedure initiated by the Customer or maintained after delivery, UNI STRENGHT reserves the right to:

• Suspend delivery or demand the return of the products, which remain its property.
• Invoice the Customer for all logistical costs (return, storage, reshipment) generated by the said procedure.
• Claim actual payment of the order price via an irrevocable SEPA bank transfer, regardless of the resolution of the Visa/Mastercard dispute.

The professional Customer expressly waives any bank dispute procedure (chargeback) for B2B orders placed on the site, except in cases of proven merchant fraud. Any violation of this waiver constitutes a contractual fault giving rise to damages.

Payment in instalments with Alma

Payment in instalments or deferred payment is offered by Alma, subject to the Customer's application being accepted by the organisation concerned. The Customer accepts the organisation's conditions at the time of payment. Any refusal may result in the cancellation of the order.

Younited

UNI STRENGHT offers its customers the Younited credit service to pay for their purchases. This is subject to the Customer's acceptance of the credit agreement offered by Younited.

UNI STRENGHT, registered with the French single register of insurance, banking and finance intermediaries (ORIAS, which can be checked at www.orias.fr), acts as a banking operations agent (mandataire en opérations de banque) for Younited. UNI STRENGHT assists in carrying out credit transactions.

Any refusal by Younited to grant credit for an order may result in the cancellation of that order. Any termination of the sales contract between the Customer and UNI STRENGHT results in the termination of the credit agreement between Younited and the Customer.

The amount is paid by means of credit granted by Younited, registered with REGAFI under number 13156, authorised as a credit institution by the French Prudential Supervision and Resolution Authority (Autorité de Contrôle Prudentiel et de Résolution, ACPR), 4 Place de Budapest, CS 92459, 75436 Paris Cedex 09, www.acpr.banque-france.fr.

For any complaint relating to the credit, the Customer should refer to Younited's complaints handling policy.

ARTICLE 7 - DELIVERY

After confirmation of full and effective payment of the order by the bank payment centre, UNI STRENGHT undertakes to hand the order over to its carrier within a maximum of 30 days after the conclusion of the contract. Transit times and delivery rates are shown on the Delivery terms page.

Pre-orders and restocks. Where the product page states, before the order is validated, an estimated delivery time (for example “pre-order, estimated delivery within 2 months”), that time is the agreed delivery date within the meaning of Article L216-1 of the French Consumer Code and replaces the 30-day period above. It runs from the effective receipt of payment for the order and does not include transit time; it is suspended in the event of force majeure or the act of a third party (delay by the manufacturer, the carrier or customs). UNI STRENGHT informs the Customer of any change to this time; the Customer may then accept the new date or, under the conditions below, give up the product concerned. Where an order contains both available products and pre-order products, UNI STRENGHT may, at its discretion and at no extra cost, ship the available products separately. In accordance with Article L216-6 of the French Consumer Code, if the product is not delivered by the agreed date, the Customer may, after giving UNI STRENGHT formal notice, by registered letter with acknowledgement of receipt or in writing on another durable medium, to deliver within a reasonable additional period, and if delivery has not taken place within that period, terminate the order for the product concerned only; the sums paid for that product are then refunded within 14 days at the latest. Pre-order products give rise to no compensation for delay and may not be cancelled before the agreed date other than under the right of withdrawal, under the conditions set out in Article 8.

UNI STRENGHT delivers parcels to mainland France, Corsica and a large number of other countries.

For deliveries outside the European Union, the Customer acknowledges having been expressly informed that they are responsible for all declarations to the competent authorities of the products shipped by UNI STRENGHT. The Customer undertakes to pay all taxes due on the import of products, customs duties, VAT and, more generally, all taxes due under the regulations of the country in which the order is received.

Delivery is deemed to have taken place when the carrier physically hands the goods over to the Customer.

The Customer is expressly informed that, upon delivery of the parcel, it is their responsibility to check the general condition of the product(s) (damage, damaged or defective parcel, etc.) and the contents, and to make sure that they match the order (number of items, etc.). In the event of damage or missing items, the Customer writes precise and detailed reservations on the delivery note presented by the carrier.

Any claim must be made by the Customer expressly and in writing, to [email protected], within three days of delivery. UNI STRENGHT or a third party designated by it will contact the Customer and process the claim as quickly as possible, indicating, where applicable, the procedure for returning the parcel.

Where reservations have been written on the delivery note and a complete file is sent within 48 hours of delivery, the Customer benefits from the Protected Delivery commitment described in Article 11.

UNI STRENGHT cannot be held liable for late delivery or failure to deliver caused by the Customer providing a false or incorrect address, or an address at which delivery proves impossible.

The risk in the goods passes to the Customer when the Customer, or a third party designated by the Customer other than the carrier offered by UNI STRENGHT, takes physical possession of the products.

Conversely, where the Customer entrusts delivery of the goods to a carrier other than the one offered by UNI STRENGHT, the risk in the goods passes as soon as UNI STRENGHT hands the product(s) over to that carrier.

If the order is not shipped by UNI STRENGHT within the time limit set out above, the Customer may request termination of the contract and a refund of the full price under the conditions of Article L216-6 of the French Consumer Code, except in the event of force majeure.

Delivery times cannot be guaranteed in the event of force majeure, including but not limited to strikes, war, riots or fire.

ARTICLE 8 - RIGHT OF WITHDRAWAL, 30-DAY TRIAL AND RETURNS

The consumer Customer may return a product that does not suit them until the thirtieth (30th) day following its receipt. The first fourteen (14) days fall under the legal right of withdrawal (Article 8.1). From the fifteenth (15th) to the thirtieth (30th) day, the return falls under the 30-Day Trial, a commercial commitment of UNI STRENGHT (Article 8.2).

8.1. Legal right of withdrawal (14 days)

In accordance with Articles L221-18 et seq. of the French Consumer Code, for a distance sales contract entered into on the online store website, the consumer Customer has, without having to give any reason, a period of fourteen (14) days to exercise their right of withdrawal, starting from receipt of the goods by the Customer or by a third party designated by the Customer, other than the carrier. For an order delivered in several parts, the period runs from receipt of the last item.

However, the Customer cannot exercise the right of withdrawal for products made to the Customer's specifications or clearly personalised, or in the other cases provided for in Article L221-28 of the French Consumer Code.

Exercising the right. The Customer exercises the right of withdrawal by sending UNI STRENGHT, before the withdrawal period expires, the model withdrawal form reproduced in the appendix to these terms, or any other unequivocal statement setting out their decision to withdraw, by email to [email protected]. UNI STRENGHT acknowledges receipt of the exercise of the right of withdrawal without delay by an electronic message sent to the email address provided by the Customer.

Return of products. The product(s) must be sent back by the Customer no later than 14 days after communicating their decision to withdraw, to the following address: BSL Dimolog (Bretagne Services Logistiques), 669 rue du Pont, Zone du Haut Montigné, 35370 Torcé, France.

The costs of returning the product are payable by the Customer. The Customer is advised to send the parcel back using a trackable method (registered post, Colissimo or carrier).

The Customer returns the complete product (accessories, nuts and bolts, instructions), in its original packaging or, failing that, in packaging that allows it to be transported without damage. The Customer is only liable for any diminished value of the product resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the product. In that case, UNI STRENGHT may reduce the amount refunded in proportion to the diminished value found.

Refund. UNI STRENGHT refunds the Customer all sums paid for the order, including the initial delivery costs up to the cost of the least expensive standard delivery method offered, no later than fourteen (14) days from the date on which it is informed of the decision to withdraw. It may withhold the refund until it has received the goods back or until the Customer has supplied proof of having sent them back, whichever is the earlier. The refund is made using the same payment method as the one used for the order, unless the Customer expressly agrees to another method, at no cost to the Customer.

8.2. 30-Day Trial

In addition to the right of withdrawal, UNI STRENGHT offers the 30-Day Trial: from the fifteenth (15th) to the thirtieth (30th) day after delivery, the consumer Customer may return a product that does not suit them and be refunded, under the conditions (condition of the product, exclusions, costs and refund) set out on the 30-Day Trial page. The 30-Day Trial is in addition to the right of withdrawal and neither reduces nor replaces it.

ARTICLE 9 - EXCHANGE POLICY

UNI STRENGHT does not exchange products.

However, the Customer is reminded that they may return their product under the conditions of Article 8 of these terms, then place a new order on the website.

ARTICLE 10 - LEGAL GUARANTEES

UNI STRENGHT is bound by the legal guarantee of conformity (Articles L217-1 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code), summarised in the box below.

Implementation. Any request is sent to [email protected], with the order number, a description of the defect and photos or a short video. Repair or replacement of the goods takes place at no cost to the Customer; where the defect concerns a part, UNI STRENGHT may send the replacement part without the complete product being returned. If a return is necessary, UNI STRENGHT gives the Customer the return instructions and bears the costs.

If repair or replacement of the goods proves impossible, the price is refunded within a maximum of 14 days from receipt of the goods by UNI STRENGHT or by the third party designated by it, using the payment method used for the order or by bank transfer.

ARTICLE 11 - OUR COMMITMENTS

In addition to the rights the Customer has under the law, UNI STRENGHT makes the following six commitments. Each one has a terms page setting out its scope, conditions, exclusions and how it is implemented; the applicable version is the one in force on the day of the order.

• 30-Day Trial: return possible until the thirtieth day after delivery, with the legal right of withdrawal covering the first fourteen days. 30-Day Trial terms
• Lifetime Warranty on uprights and frame (welds excluded): lifetime commercial guarantee on the uprights and frame of Uni Strength brand racks, cages and machines against breakage and deformation caused by a defect in materials or manufacture, welds being excluded. Lifetime Warranty terms
• 2-Year Warranty: direct implementation by UNI STRENGHT of the two-year legal guarantee of conformity, with a single point of contact and replacement parts sent at its expense. 2-Year Warranty terms
• Protected Delivery: priority replacement, at UNI STRENGHT's expense, of products damaged in transit, where reservations have been written on the delivery note and a complete file is sent within 48 hours. Protected Delivery terms
• Best Price Guarantee: refund of the difference if, within 7 days of the order, the Customer finds the same product cheaper from another professional seller. Best Price Guarantee terms
• Best Discount Guarantee: voucher for the amount of the difference if the order, recreated identically on unistrength.fr, costs less within 90 days of the order. Best Discount Guarantee terms

These commitments are in addition to the right of withdrawal, the legal guarantee of conformity and the guarantee against hidden defects, and neither reduce nor replace them. Unless otherwise stated on their terms page, they do not apply to orders placed by a professional Customer.

ARTICLE 12 - LIMITATION OF LIABILITY

UNI STRENGHT is liable as of right to the Customer for the proper performance of the obligations arising from the distance contract, without prejudice to its right of recourse against its service providers.

However, it may be released from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

ARTICLE 13 - INTELLECTUAL PROPERTY AND COMPETITION

The online store website, all of its content (in particular the texts, works, visual elements and underlying technology on the website) and all related rights are the exclusive property of UNI STRENGHT and are protected worldwide by copyright and intellectual property law.

Any full or partial reproduction of the website, and any link to the online store website, is systematically subject to the authorisation of UNI STRENGHT. In the absence of authorisation, UNI STRENGHT reserves the right to take any action against the infringer.

The products and/or services offered on the online store website are intended for the personal use of customers. Customers or recipients of the products shall not resell all or part of those products.

ARTICLE 14 - PERSONAL DATA

During the purchasing process, the Customer fills in the mandatory fields marked with an asterisk; otherwise the order cannot be validated.

UNI STRENGHT processes the Customer's personal data as data controller, in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act (loi Informatique et Libertés). The purposes, recipients, retention periods and the Customer's rights (access, rectification, erasure, restriction, objection, portability, instructions for after death, complaint to the CNIL) are described in the Privacy Policy. Cookies are described in the Cookie Policy. The Customer exercises their rights at [email protected].

The Customer may unsubscribe from newsletters at any time, using the link in each mailing or from their customer account.

ARTICLE 15 - SPECIFIC CONDITIONS FOR BUSINESS-TO-BUSINESS (B2B) SALES

When the Customer acts as a professional, the following provisions apply in addition to, or in place of, the other clauses of these terms:

1. Firm and non-refundable nature: any order validated by a professional Customer is firm and non-refundable. The right of withdrawal provided for in Article L221-3 of the French Consumer Code does not apply to sales between professionals.

2. Waiver of chargeback: the professional Customer expressly waives any bank dispute procedure (Visa/Mastercard chargeback) on transactions carried out in the course of their professional activity.

3. Irrevocable payment: payment is final as soon as the order is validated. Any validated order must be paid in full and irrevocably.

4. Logistics costs: transport, return, storage and reshipment costs caused by the professional Customer (in particular refusal of delivery, change of address, abusive bank dispute) are payable in full by the professional Customer.

5. Vienna Convention: international B2B sales are governed by the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG), to which the parties expressly submit the contract.

6. Jurisdiction clause: any dispute relating to the formation, performance, interpretation or termination of these GTC falls within the exclusive jurisdiction of the Paris Economic Activities Court (Tribunal des activités économiques de Paris), notwithstanding multiple defendants or third-party claims, including for urgent or protective proceedings, whether in summary proceedings (référé) or by application (requête). This clause also applies to professional Customers established in another Member State of the European Union, in accordance with Article 25 of Regulation (EU) No 1215/2012 of 12 December 2012 (Brussels I bis).

7. Applicable law: B2B sales are governed by French law, in accordance with Article 4.1.a of Regulation (EC) No 593/2008 of 17 June 2008 (Rome I).

8. Non-disparagement: the professional Customer undertakes not to publicly harm the image, reputation or activities of UNI STRENGHT, in particular on social networks and public platforms. Any breach of this clause gives rise to damages.

9. Late payment penalties: in the event of late payment, penalties are payable at a rate of three times the statutory interest rate, together with a fixed compensation of 40 euros for recovery costs (Article L441-10 of the French Commercial Code). No discount is granted for early payment.

ARTICLE 16 - ADDRESS FOR SERVICE

UNI STRENGHT elects domicile at its registered office as stated at the beginning of these terms. The Customer elects domicile at their main residence.

ARTICLE 17 - APPLICABLE LAW

The parties submit these general terms and conditions of sale to French law, without prejudice, for a consumer Customer residing in another Member State of the European Union, to the mandatory provisions of the law of their country of residence.

ARTICLE 18 - DISPUTE RESOLUTION AND MEDIATION

Consumer Customers (B2C). In the event of a dispute, the Customer first sends a written complaint to UNI STRENGHT at [email protected]. If no amicable solution is found, the Customer may refer the matter free of charge to the consumer mediator to which UNI STRENGHT is subject:

MÉDIATION CONSOMMATION DÉVELOPPEMENT, Centre d'Affaires Stéphanois, Immeuble l'Horizon, Esplanade de France, 3 rue J. Constant Milleret, 42000 Saint-Étienne, France. Website and online referral: www.medconsodev.eu.

The mediator must be contacted within a maximum of one year from the written complaint sent to UNI STRENGHT. If no amicable settlement is reached, the dispute may be brought before the competent courts in accordance with the ordinary rules of law.

Professional Customers (B2B). In accordance with Article 15 of these terms, any dispute falls within the exclusive jurisdiction of the Paris Economic Activities Court (Tribunal des activités économiques de Paris).

APPENDIX - MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the contract. It is also available on the Withdrawal form page.)

To UNI STRENGHT, 6 rue d'Armaillé, 75017 Paris, France, email: [email protected]:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):

Ordered on (*) / received on (*):

Order number:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.