General conditions of sale

General Terms and Conditions of Sale for the solargil.com Website

Last Updated: 09/13/2021

These general terms and conditions of sale (hereinafter referred to as the "GTC") apply to sales between SOLARGIL S.A., with a capital of €316,206.20, SIRET No. 334 518 370 00013

Head Office at Moutiers en Puisaye, 2 La Bâtisse

Tel. 03 86 45 50 00 Email: ceramic@solargil.com Website: solargil.com

These GTC detail the rights and obligations of the seller and the customer in the context of distance selling of items and materials for pottery and creative hobbies marketed by the seller. These conditions apply to the exclusion of all other conditions, particularly those in effect for in-store sales.

ARTICLE 1 - SCOPE OF APPLICATION OF THE GTC

1.1 – Application to sales concluded with the customer

The customer declares that they are purchasing the products marketed by the seller as a consumer, as defined in the preliminary article of the Consumer Code, and that they are acting outside of any commercial, artisanal, industrial, or professional activity.

In the event of a false declaration, the seller reserves the right to cancel the ongoing order and refuse to fulfill any new order.

1.2 – Acceptance of the GTC

Placing an order implies prior acceptance of these conditions by the customer. To manifest this acceptance, the customer must check a validation box provided for this purpose and click on the "Order" button before finalizing their order. By doing so, the customer:

• Declares and acknowledges that they have full knowledge of these conditions.
• Expressly accepts these conditions.

No order can be placed on solargil.com without this prior acceptance.

Specific conditions for certain products or services may supplement these general conditions. These are specified when presenting the item. If a condition is missing, it shall be governed by the usual practices in the sales sector.

1.3 – Applicable Version

The seller reserves the right to modify these GTC at any time.

In the event of modification of the GTC, the applicable GTC are those in effect on the date of the order, a copy of which, dated on that day, may be provided to the customer upon request.

ARTICLE 2 – CAPACITY

The customer declares that they have the legal capacity to enter into the contract, subject to these GTC, meaning they are of legal age and not subject to any legal protection measures (e.g., guardianship, conservatorship).

ARTICLE 3 - ACCESS TO THE SELLER'S WEBSITE

The customer is solely responsible for setting up the necessary IT and telecommunications means to access the solargil.com website.

ARTICLE 4 – ORDERS

Orders must be placed by the customer exclusively on the SOLARGIL website. To place an order, the customer must create their Customer Account by identifying themselves with the email address provided during account creation and the secret, personal, and confidential password they have chosen.

Unless proven otherwise, the data recorded by SOLARGIL constitutes proof of all transactions conducted by SOLARGIL and its customers.

The customer selects the items they are interested in on the SOLARGIL website. The customer always has access to their cart to verify its contents and modify it. After final validation of their cart, the customer proceeds to confirm the registration of their order. This registration implies:

• A firm order on their part. The order entails a payment obligation. This obligation can only be questioned in the cases listed in articles 9 and 11 of these GTC.
• General terms and conditions of sale and the specific conditions of their order, which the customer can automatically review before confirming the order summary screen.
• The customer will receive an acknowledgment of receipt of their order at their email address. SOLARGIL reserves the right not to fulfill this order if there have been previous payment issues or difficulties in paying for ordered products.
• Products will only be delivered after full payment has been received and processed.

Since each order is firm and final, adding product(s) to the ongoing order is not possible. If the customer wishes to add one or more products, they must do so through a new, independent order.

Offers are valid only while stocks last. In the event of the unavailability of one or more ordered products, the seller will inform the customer and may offer one or more products of equivalent quality or price, or, failing that, a refund of the amount of the unavailable product(s). In the event of the customer’s disagreement, the order is partially or fully canceled, as the case may be. The seller then proceeds to refund the price of the unavailable products as well as the delivery costs in the event of total cancellation of the order, within a maximum of 30 days from the notification by the customer of their disagreement. The seller's liability cannot be engaged in any case of order cancellation, and no amount or compensation other than those defined in the previous paragraph will be due to the customer.

ARTICLE 5 - SPECIAL ORDERS AND CUSTOM PRODUCTS

5.1 - Special Orders

A special order is defined as any order for products made by the seller according to the customer's specifications at the time of the order (such as kilns manufactured according to the customer's chosen configuration), or any order in an unusually large quantity of items requiring special manufacturing or a special order from the seller's suppliers, whether or not involving custom manufacturing, such as kiln shelves cut to the customer's dimensions or large quantities of colors or glazes.

Such orders are subject to a specific quote, which will be sent by the seller to the customer.

5.2 - Custom Orders

Custom products are products manufactured according to the customer's specifications.

Special orders or orders for custom products according to the customer's request are considered firm and final. The customer's right of withdrawal provided for in Article L 121-21 of the Consumer Code and reiterated in Article 13 of the GTC cannot be exercised for this type of order.

ARTICLE 6 – PRODUCTS

In accordance with Article L.111-1 of the Consumer Code, the customer can, prior to their request, review the characteristics of the products they wish to order on the SOLARGIL website. The photos of the products presented on the SOLARGIL website, as well as any photos or documentation, have no contractual value. Therefore, SOLARGIL's liability cannot be engaged in this regard.

The customer can then select one or more products from the various categories offered on the SOLARGIL website.

Some colors appearing in the online catalog (such as those in color charts) may not exactly match the original color. Only the product reference binds SOLARGIL, not how they are reproduced in the catalog. The photographs illustrating the products do not constitute a contractual document. All documents are printed subject to typographical and chromatic errors.

SOLARGIL also draws the attention of customers to the fact that the consumables marketed on our website (clays, glazes, colors, raw materials, etc.) are made from natural materials whose reactions and behavior may vary depending on the customer's applications. It is imperative that the customer conducts tests (such as raw, firing, and aging tests) before the final implementation of these raw materials to verify their behavior. SOLARGIL's liability for any non-conformity of the products cannot be engaged if the customer has not carried out these preliminary tests in accordance with the intended applications of the said products.

Given the specificity of the products defined below, a tolerance is expressly provided between the ordered product and the delivered product:

Tolerance for all cutting items: ±0.5 cm. Tolerance for all types of packaging (pots, bottles, etc.): ±3%. Tolerance for clay: ±1.5%.

Due to product modifications by the manufacturer or new European regulations, the shade of colors may vary slightly without notice.

Some of these products must also be handled with care.

The customer should not, under any circumstances, leave these products within the reach of children.

It is imperative to read and follow the hygiene and safety instructions included in the catalog and accompanying the concerned products.

The technical information provided on the product is binding on SOLARGIL.

The products offered comply with the French regulations in force. The seller's liability cannot be engaged in the event of non-compliance with the laws of the country where the product is delivered. The customer is responsible for verifying with local authorities in the country of delivery the possibility of importing and using the product they intend to order.

Our product offers are valid as long as they are visible on the SOLARGIL website, within the limits of available stocks, except for promotional operations indicated as such on the websites. In the event of a product's unavailability after placing your order, we will inform you by phone or email. We will then give you the option to:

• Delay delivery while waiting for the product to be restocked, where possible
• Replace the product with another of equivalent quality and price
• Be reimbursed for the price of the product(s). It is specified that this reimbursement will be made no later than 14 days after receiving your choice. Beyond this period, the amounts paid by the customer will be increased in accordance with the provisions of Article L241-4 of the Consumer Code.
• However, it is specified that in the case of a purchase made wholly or partly by using a credit note or a gift voucher, the refund will be made in the form of a credit note or gift voucher of the total value of the goods for which the right of withdrawal is exercised.

ARTICLE 7 – DELIVERY

7.1– Express Delivery

Orders containing only kiln elements can be delivered by EXPRESS. An email is sent to the customer to inform them of the delivery day and time slot and to track the progress of their package. As this mode of transport requires the customer's presence, they will be responsible for being present during delivery or may notify the carrier to reschedule the delivery day and time. Depending on the carrier, this delivery modification can be made via their website or by phone.

7.2– Delivery by Carrier

Orders weighing 28 kg or more, including packaging, are shipped by carrier. This mode of transport is, by default, only valid in mainland France and Corsica. For shipments to French overseas territories and foreign countries, please consult us.

Orders delivered by carrier are delivered to the truck. The customer is responsible for bringing them inside their home or premises. No installation is provided during delivery. In the specific case of kilns, upon request, SOLARGIL offers delivery with installation and training. This service will be performed by our team at an additional cost.

The carrier will contact the customer to arrange a delivery appointment as soon as possible, and no later than 30 days from the date of order validation unless a longer delivery time is explicitly announced at the time of order. SOLARGIL cannot be held responsible for delivery delays due solely to the customer's unavailability after several delivery attempts by the carrier.

The carrier will provide a delivery receipt to the customer, who will sign it after verifying the conformity and condition of the product's packaging. In case of damage, refer to Article 8 (Damage Resulting from Transport).

7.3 – Delivery Outside Mainland France

For delivery within the European Union, French overseas territories, postal sectors, and the rest of the world, a quote will be sent to the customer. Additional fees, such as customs duties and other taxes, may be added to delivery charges. These fees will be borne by the customer.

7.4 – Delivery Times

The seller specifies, strictly as an indication, that the average delivery times are generally 3 to 8 days from the receipt of the order for mainland France (excluding Corsica).

However, delivery times are subject to fluctuation and depend on the availability of carriers and products (especially around special events such as Christmas, Easter, or the start of the school year) and the order of arrival of orders.

Certain products such as kilns, wheels, extruders, equipment, etc., may require a manufacturing time exceeding 30 days. In this case, the average manufacturing time is indicated to the customer at the time of order.

If no availability date is clearly indicated on the item or during the order, the seller undertakes in any case to deliver the products no later than thirty days from the effective payment of the order.

When the customer orders several items simultaneously, and these have different delivery dates, the delivery date of the order is based on the most distant date. SOLARGIL may offer to split the shipments if the customer covers the costs.

In accordance with Article L 216-2 of the Consumer Code, in the event of the seller's failure to fulfill their delivery obligation within the thirty-day period, when no specific time frame is provided, the customer may terminate the contract by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after instructing the seller according to the same procedures to make the delivery within an additional reasonable time, the seller has not done so within this period. The contract is considered terminated upon receipt by the seller of the letter or writing informing them of this termination unless the seller has complied in the meantime. However, the customer may immediately terminate the contract when the seller refuses to deliver the products or fails to fulfill their delivery obligation within the aforementioned one-month period and when this date is an essential condition of the contract for the consumer, as stated in Article L 216-2 of the Consumer Code. The seller cannot be held responsible for delivery delays due to incorrect information provided by the customer.

7.5 – Delivery Methods

Article L. 216-4 of the Consumer Code provides that: "Any risk of loss or damage to goods is transferred to the consumer when the latter or a third party designated by them, other than the carrier proposed by the professional, takes physical possession of the goods."

Thus, when transportation is provided by the carrier proposed by the professional, the transfer of risk occurs only at the time of delivery when the consumer can physically take possession of the goods and check their general condition.

Moreover, for contracts concluded at a distance, Article L. 221-15 of the Consumer Code provides that:

"The professional is fully liable to the consumer for the proper execution of the obligations resulting from the contract concluded at a distance, whether these obligations are fulfilled by the professional who concluded this contract or by other service providers, without prejudice to their right of recourse against them.

However, they may be exempted from all or part of their liability by proving that the non-performance or poor performance of the contract is attributable either to the consumer, to an unforeseeable and insurmountable event by a third party to the contract, or to a case of force majeure."

The distance seller is therefore fully liable for the proper execution of the entire contract, including delivery.

These provisions apply whether the obligations are fulfilled by the seller themselves or by any other service provider, leaving the seller responsible for recourse against the provider.

ARTICLE 8 - DAMAGE RESULTING FROM TRANSPORT

8.1 Order Delivered by GLS, DPD, or Colissimo

In the event of personal delivery by the postman of a visibly damaged package, the customer may refuse or accept it:

• In the event of refusal, the customer must specify the reason for the refusal: for example, damaged, torn, dented package. The package will be returned to the sender. Upon receipt, the seller may, with prior agreement from the customer, either refund the customer or resend the items.
• In the event of acceptance, the seller invites the customer to check their package by opening and unpacking it. When the customer accepts the package, even if the package is externally damaged, the customer implicitly acknowledges having received the items in good condition. The customer may then either refuse the package or make reservations with the carrier, as the carrier is solely responsible for damages during transport.

8.2 Order Delivered by Carrier

The customer is responsible for verifying the conformity and condition of the product's packaging upon receipt of the order.

The customer must confirm to the carrier by registered letter with acknowledgment of receipt within 3 days any reservations made at the time of delivery (Article L. 133-3 et seq. of the Commercial Code) and simultaneously send a copy of this letter to the seller.

The customer must request an official damage or loss certificate from the carrier, if applicable.

In any case, the customer must open the package(s), list in detail the issues encountered, and include them on the carrier's delivery note.

Claims will only be accepted against the carrier if they relate to the delivered products and are submitted within the specified period. The customer is responsible for clearly describing the damage/issues found. This receipt must be dated and signed by the customer, who will keep a copy.

The customer is not responsible for damage during transport; only the carrier is responsible.

The mention: "Subject to unpacking and inspection" has no legal value and does not give rise to any recourse.

ARTICLE 9 – PRICES

Prices are quoted in Euros. As of January 1, 2021, VAT is 20%.

In accordance with Article 1 of the Decree of December 3, 1987, regarding consumer price information, prices are always quoted inclusive of all taxes, excluding shipping, packaging, and handling fees.

Consequently, they will be increased by transport costs. All taxes, duties, or other charges payable under French regulations as well as, where applicable, the regulations in the transit or destination countries of the order, in effect on the delivery date, are the sole responsibility of the customer.

Promotions are organized on the website. The reference price (crossed out), the new payable price, and the percentage discount are indicated.

The seller may change prices at any time. However, they agree to invoice the products ordered at the prices indicated at the time the order is registered. The validity of offers and prices is determined by the update of the website. Regarding catalogs and other printed materials, the validity of offers and prices will be indicated in commercial communications. Prices are valid subject to typographical errors.

The total amount owed by the customer, including the total price of the products and delivery and transport costs, after deducting any promotional offers or discounts, is indicated at the time of order validation. Price error: in the case of an incorrect or fundamentally misunderstood displayed or charged price that is clearly erroneous or leads to a loss-making sale under Article L442-2 of the Commercial Code, SOLARGIL reserves the right to cancel the sale. Such errors are obstacles to the formation of the contract. The sale is final only if SOLARGIL has confirmed the order in writing and without ambiguity. Only the order confirmation as described above forms the contract. In these cases, SOLARGIL is entitled to invoke the nullity of the sale, refuse to deliver the product(s) concerned, or demand their return by any means.

ARTICLE 10 – PAYMENT

10.1 – Due Date and Default of Payment

The total amount of the order, including all applicable taxes and fees, is due at the time of order.

Any bank charges incurred are the responsibility of the customer, including in the event of a refund.

In the event of a payment incident, non-payment, or fraud, the seller may suspend or cancel any order execution. The seller also reserves the right to refuse any order in case of payment incidents or delays concerning previous orders.

10.2 - Payment Methods

The customer may pay for their order by bank check, transfer, or credit card.

To avoid additional expenses for its customers, SOLARGIL does not offer cash on delivery.

10.3 - Credit Card Payment

The transaction is immediately debited from the customer's credit card after data verification with 3D secure protection for customers equipped with it. In this case, a security code is sent to the customer. They have a limited time to validate the payment with this code issued by their bank. In the event of a time limit being exceeded or an incorrect code, payment is refused, and the order is canceled.

10.4 - Payment by Check

The bank check must be made payable to SOLARGIL and denominated in euros by a bank domiciled in mainland France or Monaco.

It will be cashed upon receipt of the check.

The customer has 15 days to send their check. After this period, the order will be automatically canceled.

To facilitate processing, the customer is requested to indicate the corresponding order number on the back of the check.

10.5 – Payment by Transfer

The customer will follow the instructions on the order form. The transfer must be made to SOLARGIL's bank account. The bank details are indicated on the order form and in the order confirmation email. When making the transfer, the customer must indicate their customer number and order number.

The customer has 15 days to make the payment. After this period, the order will be automatically canceled. SOLARGIL's liability cannot be engaged in case of non-delivery or delayed delivery due to failure to pay within the allotted time.

10.6 – Suspension of Payment Methods

SOLARGIL reserves the right not to offer one or more payment methods mentioned above for any legitimate reason, especially in the event that:

• One of the customer's previous orders was not fully paid on time.
• A payment dispute concerning one of the customer's previous orders is pending.
• Several serious and consistent factors raise suspicion of fraud on the customer's order.

10.7 – Default of Payment

SOLARGIL reserves the right to refuse to deliver or fulfill an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.

ARTICLE 11 - RIGHT OF WITHDRAWAL

In accordance with Article L 221-18 of the Consumer Code, the customer has a right of withdrawal that they may exercise within 14 calendar days following the date of receipt of the products. If the period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.

The products must be returned with the delivery note or invoice within 14 days following the date on which this right was exercised.

Return shipping costs are the responsibility of the customer.

In this case, the seller will refund all or part of the amounts paid by the customer, using the same payment method as the customer, within 14 days following the date on which this right was exercised.

The seller may defer the refund until the products have been recovered or until the customer has provided proof of shipment of the products.

In accordance with Article L 221-28,3° of the Consumer Code, this right of withdrawal is expressly excluded for special orders, clearly personalized products, quickly perishable products, and audio or video recordings when the products have been unsealed by the customer after delivery.

ARTICLE 12 – FORCE MAJEURE

The parties cannot be held liable for non-performance of their obligations in the event of a force majeure event, meaning an event beyond their control, unpredictable, and insurmountable, such as, but not limited to, natural disasters, war, riots, strikes, etc. In such a case, the party affected by the force majeure will inform the other party in writing as soon as possible. The other party may then terminate the order by sending a written notice (mail, email).

ARTICLE 13 – VISIBLE DEFECTS

Subject to applicable legal warranties and the right of withdrawal stated in Article 11, all claims for visible defects affecting delivered products must be made to our customer service within three days of receipt, under penalty of exclusion.

If not, the products will be deemed free of visible defects.

ARTICLE 14 - LEGAL WARRANTY

In accordance with Article L 217-4 of the Consumer Code, the seller is required to deliver products in conformity with the contract and is responsible for defects in conformity existing at the time of delivery. The customer has a period of two years from the delivery of the product to take action. They may choose between repairing or replacing the product, subject to the cost conditions provided in Article L 217-9 of the Consumer Code.

Contractual warranties do not cover:

• The replacement of consumables (thermocouples, resistors, batteries, fuses, etc.).
• Abnormal or improper use of the products. We recommend that you carefully read the instructions provided with the product.
• Failures related to accessories (power cables, etc.).
• Defects and their consequences due to repairs by a repairer not authorized by SOLARGIL.
• Defects and their consequences related to improper use of the product for its intended purpose.
• Defects and their consequences related to any external cause.

Lusters and precious metal liquids, being perishable products with an expiration date, are warranted for only 3 months. The warranty on clays is subject to certain restrictions: being raw materials that require specific humidity and temperature conditions during storage. Each return will be subject to an analysis by our services to verify the good condition and storage of the clays. Clays that have frozen due to storage at temperatures below 2°C will not be refunded or exchanged. Similarly, in the case of returns of dry clay or whose packaging has been punctured, the items will not be refunded or exchanged.

SOLARGIL will refuse the return of clays (earthenware, stoneware, and porcelain) beyond 60 days after receipt of delivery.

Except for second-hand goods, the customer is exempt from proving the existence of a conformity defect in the product during the six months following the delivery of the product.

In accordance with Articles 1641 and following of the Civil Code, the customer benefits from the legal warranty against hidden defects. The action resulting from redhibitory defects must be initiated by the customer within two years from the discovery of the defect.

Under these warranties, the professional seller agrees, at the customer's choice, to refund or exchange defective products or products that do not conform to the order. They may choose between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.

The legal warranty of conformity applies independently of any commercial warranty that may be granted.

Article 1641 of the Civil Code: "The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if they had known of them."

Article L 214-7 of the Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for defects in conformity existing at the time of delivery.

They are also liable for defects in conformity resulting from packaging, assembly instructions, or installation when this has been their responsibility under the contract or has been carried out under their responsibility."

Article L 214-7 of the Consumer Code: "Goods are in conformity with the contract:

1° If they are fit for the purpose usually expected of similar goods and, where applicable:

• if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
• if they present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or if they present the characteristics defined by mutual agreement by the parties or are fit for any special purpose sought by the buyer, made known to the seller, and which the latter has accepted."

Article L.211-12 of the Consumer Code: "The action resulting from a conformity defect is time-barred after two years from the delivery of the goods."

ARTICLE 15 - PRODUCT RETURN PROCEDURE IN THE CASES MENTIONED IN ARTICLES 13 AND 15 ABOVE

The product(s) returned must be in their original packaging, in good condition, as delivered by the seller. In particular, the product must not have been used.

Except in cases of implementing the legal warranty defined in Article 16 above, any incomplete, damaged, or deteriorated product or whose original packaging has been damaged will not be refunded or exchanged.

ARTICLE 16 - RETENTION OF TITLE

THE PRODUCTS SOLD, EVEN IF HELD BY THE CUSTOMER, REMAIN THE PROPERTY OF THE SELLER UNTIL FULL PAYMENT OF THE PRICE, INCLUDING PRINCIPAL AND ACCESSORIES, EVEN IN THE CASE OF GRANTED PAYMENT TERMS.

THE CUSTOMER IS PROHIBITED FROM GRANTING ANY SECURITY OVER THE DELIVERED AND UNPAID PRODUCTS AND, IN GENERAL, FROM CARRYING OUT ANY OPERATION THAT MAY HARM THE SELLER'S PROPERTY RIGHTS AND RESELLING THEM.

THE CLAIM FOR THE PRODUCTS WHOSE OWNERSHIP IS RESERVED FOR THE BENEFIT OF THE SELLER IS MADE BY REGISTERED LETTER WITH ACKNOWLEDGMENT OF RECEIPT, UNLESS OTHERWISE PROVIDED BY LAW. ALL COSTS INCURRED BY THE CLAIM FOR THE PRODUCTS OR THEIR PRICE ARE THE SOLE RESPONSIBILITY OF THE CUSTOMER.

ARTICLE 17 - LIMITATION OF LIABILITY

The seller's liability cannot be engaged if the non-performance or delay in the execution of one of their obligations described in these GTC results from the act of a third party, the customer's fault, or a case of force majeure.

In this respect, force majeure refers to any event within the meaning of Article 1148 of the Civil Code, and includes, but is not limited to, natural disasters, fires, internal or external strikes, accidental breakdowns, shortages, war, and generally any event beyond the seller's control that makes the execution of the contract impossible.

ARTICLE 18 – SEVERABILITY OF THE GTC CLAUSES

If any provision of the GTC is annulled or deemed unwritten, this will not result in the nullity or inapplicability of the other provisions of the contract, which will remain in force between the parties.

ARTICLE 19 – WAIVER

The fact that the seller does not invoke one of the present clauses at a given time cannot be considered as a waiver of their right to invoke these clauses at a later time.

ARTICLE 20 – MEDIATION

The consumer mediator to whom SOLARGIL reports is C&C- Médiation, https://cc-mediateurconso-bfc.fr/