TERMS AND CONDITIONS

Updated: JULY 11, 2023

Activities involving the use of this equipment are inherently dangerous. You are responsible for your actions, your decisions and your safety.

Before using this equipment, you must:

• Read and understand all operating instructions.

• Train you specifically in the use of this equipment.

• Familiarize yourself with your equipment, get to know its performance and its boundaries

• Understand and accept the risks involved.

FAILURE TO FOLLOW ANY OF THESE WARNINGS CAN CAUSE DEATH OR SERIOUS INJURY.

TALPUS SAS CANNOT BE HELD RESPONSIBLE IN THE EVENT OF AN ACCIDENT.

Article 1. Application of the general conditions of sale

These General Conditions of Sale (hereinafter the "GCS") apply automatically to sales concluded between, on the one hand, any adult individual having the quality of consumer, (hereinafter the "Customer"), making a purchase through the online sales site www.key-equipment.com.com (hereinafter the "Website") and, on the other hand, TALPUS SAS with a share capital of €5,000, registered at RCS ANNECY under the number

893 000 273 (intra-community VAT number: FR26893000273) and whose registered office is located at 5215 route de Flaine 74300 Arâches la frasse, France (hereinafter “TALPUS SAS”).

The applicable GCS are those in effect at the time the order is placed.

The Customer acknowledges and accepts that any order made by him on the Website will entail full and complete acceptance of the GCS. The Customer acknowledges having read the GCS and accepts them by ticking the corresponding box as part of the customer journey, materializing his acceptance of the GCS.

Article 2. Products

2.1 TALPUS SAS offers for sale the products displayed on the electronic catalog of its Website (hereinafter the “Products”). The Products are available, within the limits of available stocks, as long as they are visible on the Website and if no indication to the contrary appears on the Website.

In the event of unavailability of the Product ordered, TALPUS SAS immediately informs the Customer and may offer him a product of equivalent quality and price. In the event of the Customer's refusal, the order will be canceled and TALPUS SAS will reimburse the sums paid within fourteen (14) days of the Customer's refusal.

The Products are each the subject of a description on the Website mentioning their essential characteristics. Nevertheless, despite the vigilance of TALPUS SAS, there may be minor differences relating to non-essential characteristics between the photos and texts associated with the Products presented with the final Product delivered to the Customer; it being specified that in such a case, the texts are authentic.

2.2 TALPUS SAS informs the Customer that in the event of alteration of a part making up the Product, it can contact customer service in accordance with Article 11 of the GCS.

Article 3. Order process

The Customer acknowledges that any order placed on the Website implies express acceptance of the GCS and implies a payment obligation for the Customer.

The Customer who wishes to place an order must follow the following procedure:

Step 1 - Choice of Product(s): the Customer selects the Product(s) he wishes to order;

Step 2 - Verification and validation of the content of the selection: the Customer accesses the summary of the Product(s) he has added to the basket and verifies the content (quantities, price, etc.) . He retains the possibility of deleting the selected Product(s);

Step 3 – Identification: The Customer can identify himself in order to continue the ordering process. He ensures that all the information provided is correct.

Step 4 – Acceptance of the GCS: the Customer confirms having read and accepted the GCS.

Step 5 – Method of payment possibility of indicating a different delivery address:

the Customer fills in the payment information and can choose a delivery address different from the billing address. The payment is not yet recorded and the order can still be canceled.

Step 6 - Confirmation of the order and activation of payment: the Customer checks his order and validates the payment.

Step 7 - Acknowledgment of receipt of the order: the Customer will receive an e-mail summarizing the content of his order, namely

• The number of his order;

• The list of the Product(s) ordered;

• Terms and delivery time;

• The price excluding and including tax of the Product(s) ordered, including the price associated with the delivery method selected;

• The email address and telephone number of the Website's customer service department;

This document constituting the official proof of the order, the Customer must therefore keep it, in particular to be able to exercise his right of withdrawal.

Step 8 - Order processing: the order is recorded and processed by TALPUS SAS.

Step n°9 - Archiving methods: the archiving of communications, orders and invoices is carried out on a reliable and durable medium so as to constitute a reliable and durable copy in accordance with article 1379 of the Civil Code. These communications, orders and invoices can be produced as proof of the contract. TALPUS SAS will archive the order for a period of three (3) years for any order over one hundred and twenty (120) euros and will allow the Customer to access it at any time.

Article 4. Price

4.1 The Products are invoiced on the basis of the prices displayed on the Website at the time of the validation of the order by the Customer. All prices are indicated in euros, including VAT when ordering to EU countries, excluding delivery costs, as defined in article 7 and are reminded to the Customer before his validation of the order.

4.2 TALPUS SAS reserves the right to cancel or refuse an order from a Customer with whom a payment dispute, in particular related to late or non-payment, is in progress.

4.3 Customs fees or any other taxes that may be due in the territory of delivery are not included and will be the responsibility of the Customer.

4.4 No order will be dispatched before full receipt of the payment.

4.5 In order to ensure the security of transactions and to prevent fraud in distance selling, TALPUS SAS carries out checks on orders that have been validated on the Website. These controls aim to protect TALPUS SAS from abusive practices in the field of remote payments. As part of these control procedures, TALPUS SAS may be required to ask the Customer to send the documents necessary to release his order: proof of identity, address, debit in his name, etc. On the other hand, no data relating to the Customer's bank card will be requested.

The aim is to ensure the reality of the Customer's identity and domicile.

These requests are made by e-mail and the Customer must send these supporting documents to TALPUS SAS by e-mail for the delivery of his order. In the absence of proof or if the documents sent do not make it possible to ascertain the identity of the author of the order and the reality of the direct debit, TALPUS SAS may cancel the order to guarantee the security of online transactions.

Article 5. Terms of payment

5.1 Means of payment

Payment can be made by credit card (Visa, Mastercard, American Express) and Apple Pay.

The order is recorded and validated by TALPUS SAS upon acceptance of payment by the banking service. The contract of sale is then formed.

5.2 Payment security

The details of the credit card used are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. The transaction is directly managed by Stripe (https://stripe.com/docs/security). Payment is made at the bank. TALPUS SAS has no access to these contact details and does not store them on its servers.

Article 6. Terms of delivery

6.1 General

The delivery of the Products means the transfer to the Customer of physical possession or control of the Products ordered.

The Products are shipped via Colissimo, Chronopost, UPS, GLS, FEDEX or DPD to the delivery address indicated by the Customer or to the relay point/in-store selected by the Customer during the ordering process.

6.2 Delivery methods and costs

It is expressly specified to the Customer that the amount of the delivery costs is not included in the price displayed for the Products on the Website. The Customer will nevertheless be informed of the delivery costs, depending on the delivery methods selected, before the confirmation of the order.

The delivery methods and delivery costs of the Products offered to the Customer differ according to the zone or country of delivery desired by the latter.

The delivery costs will be indicated on the summary of the Customer's order before validation of the latter. This amount will be due in addition to the price of the Products purchased.

6.3 Delivery time

Delivery dates are indicative, any reasonable delay in delivery cannot be canceled or refunded.

TALPUS SAS undertakes to make its best efforts to respect the delivery times indicated.

In the event of non-compliance with the delivery deadline, of more than 30 days for any reason other than force majeure or the act of the Customer (see article 6.4 below), the Customer may request the resolution of the sales contract after having given TALPUS SAS formal notice to perform within a reasonable additional period not respected.

In the event that the Customer has chosen to terminate the contract, TALPUS SAS will reimburse all sums paid, at the latest within fourteen (14) days following the date on which the contract was terminated.

6.4 Delivery difficulties

The Customer acknowledges and accepts that it is his responsibility to verify the accuracy and completeness of the information relating to the billing and delivery addresses provided to TALPUS SAS.

In the event of an incomplete address, incorrect address, refusal of the package by the Customer or lack of information resulting in the impossibility of delivering the Product to the Customer on time, TALPUS SAS cannot be held responsible for the non- respect of the delivery time. If this lack of information leads to a second presentation to the Customer, TALPUS SAS will be entitled to ask the Customer for the costs corresponding to this second delivery.

6.5 Receipt of the order

Upon receipt of the order, the Customer is required to check the condition of the Product(s) received in execution of his order.

Without prejudice for the Customer to the exercise of his right of withdrawal and the legal guarantees of conformity and hidden defects, any anomaly concerning the delivery (in particular the missing or damaged products as well as the damaged packages) must imperatively be notified by e-mail. , within five (5) days following the date of delivery of the Products to TALPUS SAS customer service by e-mail at the following address: info@key-equipment.com .

Any complaint made beyond the period of fourteen (14) days following receipt of the Products will be considered inadmissible and TALPUS SAS cannot be held liable.

Article 7. Right of withdrawal

7.1 Period of withdrawal

In accordance with articles L.221-18 and following of the Consumer Code, the Customer has a right of withdrawal, which is understood as the right to withdraw from the sales contract formed.

The period for the Customer to withdraw is fourteen (14) calendar days from the date of receipt of the Product by himself or by a third party other than the carrier and designated by the Customer to exercise his right of withdrawal, and this without having to justify its decision.

7.2 Exercise of the right of withdrawal

To exercise his right of withdrawal, the Customer must notify TALPUS SAS in writing of his decision to withdraw from this contract by means of an unambiguous declaration or by using the withdrawal form in Appendix 1 of the GCS.

The unambiguous declaration or the withdrawal form must be sent to TALPUS SAS by writing to info@key-equipment.com, or by using the withdrawal form attached to the GCS by post (210, route des Moulins, 74300 Arâches la Frasse, France).

In the event of a dispute, it will be up to the Customer to prove that he has exercised his right of withdrawal within the legal deadlines.

For all Product and after-sales service returns, the return procedure must be requested by the Customer by contacting customer service directly at the email address info@key-equipment.com

7.3 Return terms and costs

The Customer must return the returned Product(s) to TALPUS SAS no later than fourteen (14) days following notification to TALPUS SAS of its decision to withdraw.

The Customer must return the Products in their original condition accompanied, where applicable, by all of their accessories and instructions for use. Products that have been used, are damaged or soiled will not be taken back.

The cost of returning the Products will be borne by the Customer.

7.4 Reimbursement terms and conditions

TALPUS SAS will reimburse the Customer for the total amount excluding delivery costs.

TALPUS SAS will reimburse the sums without undue delay and at the latest within fourteen (14) days following the date on which TALPUS SAS was informed of the Customer's decision to withdraw.

TALPUS SAS may, however, defer reimbursement until the date of recovery of the Products or proof of shipment of the latter by the Customer, the date chosen being that of the first of these events.

Reimbursement will be made by TALPUS SAS using the same means of payment as that used by the Customer when placing his order, unless the Customer expressly agrees to a different means of payment which does not, in any event, entail extra cost for him.

The Customer's liability can only be engaged in the event of depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the latter.

In the event of a return of product(s) purchased with the use of a promo code, this is distributed over all the products of the order, the refunded value will then correspond to the price of the product minus the pro-rated discount.

Article 8. Legal guarantees

As a preliminary point, the Customer is reminded that the Products sold by TALPUS SAS benefit from the legal guarantee of conformity provided for by articles L. 217-1 and following of the Consumer Code and the legal guarantee against hidden defects in the conditions provided for in articles 1641 to 1648 of the Civil Code

8.1 Legal guarantees of conformity

- “The Customer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date of its appearance. »

- “The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the good. »

- “The legal guarantee of conformity gives the Customer the right to repair or replace the goods within thirty days of his request, free of charge and without major inconvenience for him. »

- “If the good is repaired within the framework of the legal guarantee of conformity, the Customer benefits from a six-month extension of the initial guarantee. »

- “If the Customer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good. »

- “The Customer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if:

1. The professional refuses to repair or replace the good;

2. The repair or replacement of the good occurs after a period of thirty days;

3. The repair or replacement of the property causes a major inconvenience to the Customer, in particular when the Customer definitively bears the cost of taking back or removing the non-compliant good, or if he bears the cost of installing the repaired or replacement good;

4. The non-compliance of the good persists despite the seller's attempt to bring the item into compliance which has remained unsuccessful. »

- “The Customer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract being immediate. The Customer is then not required to request the repair or replacement of the good beforehand. »

- “The Customer is not entitled to rescind the sale if the lack of conformity is minor.»

- “Any period of immobilization of the property with a view to its repair or replacement suspends the guarantee which remained to run until the delivery of the restored property. »

- “The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Customer Code. »

- "The seller who in bad faith obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of the average turnover annual (article L. 241-5 of the Customer code). »

Conformity defects that appear within twenty-four (24) months of delivery of a Product purchased new and within twelve (12) months for Products purchased second-hand are presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or the defect invoked.

In the event of a lack of conformity, the Customer is entitled to compliance under the conditions explained above, or, failing that, to a reduction in the price or to the termination of the contract under the conditions defined in articles L.217- 14 to L.217-16 of the Customer Code.

8.2 Legal warranty against hidden defects

The Customer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the property is kept or to a full refund against return of the property.

"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them. »

8.3 Implementation of legal guarantees

8.3.1 Legal guarantee of conformity

For all Product returns, the return procedure must be requested by the Customer.

Compliance takes place within a reasonable period of time, which may not exceed thirty (30) days following the Customer's request.

Bringing the Product into conformity takes place at no cost to the Customer.

Any Product repaired under the legal guarantee of conformity benefits from an extension of this guarantee of six (6) months.

In the event that the Customer has chosen the repair but that it is not implemented by TALPUS SAS, the bringing into conformity by the replacement of the Product makes run, from the delivery of the Product of replacement to the Customer, a new period of legal guarantee of conformity attached to the replaced Product.

TALPUS SAS will reimburse any sums due to the Customer upon receipt of the Product or proof of its return by the Customer and, at the latest, in the next fourteen (14) days. Unless expressly agreed by the Customer and provided that no additional cost is charged to the Customer, TALPUS SAS will reimburse using the same means of payment as that used by the Customer when purchasing the Product.

In the event that the Customer transfers ownership of the Product to a customer, the Customer's rights will be transferred to him.

In the event of implementation of the legal guarantee, any period of immobilization suspends the guarantee which remained to run until the delivery of the restored Product. The warranty period will also be suspended in the event that the Customer and TALPUS SAS enter into negotiations with a view to an amicable settlement.

8.3.2 Legal warranty against hidden defects

It is recalled that the Customer can also decide to implement the legal guarantee against hidden defects of the Product sold, guarantee whose terms are described in article 8.1 of the GCS.8.3 Exclusion of guarantees.

TALPUS SAS cannot be held liable in the event of misuse, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.

Article 9. Commercial warranty

Key Equipment products are guaranteed for 2 years on presentation of proof of purchase. This guarantee will be effective after the return of the product to SAS TALPUS at the Customer's expense and after analysis by the after-sales service. Any product that has been the subject of modifications not made by SAS TALPUS or following misuse are excluded from warranty.

The repair and restoration of any product over 2 years old will be done on a free estimate.

CAUSES OF EXCLUSION OF WARRANTY (non-exhaustive list)

• Damage caused by misuse, abuse or neglect.

• Damage caused by impact with any surface or object other than snow

(rocks, trees, stumps, etc...).

• Damage due to a fall.

• Damage caused by the use of solvents.

• A modification, change or alternation has been made to the product in

question.

• Damage resulting from incorrect configuration and assembly of the product or any other product-related equipment.

• All normal wear induced by the use of the product such as:

o Wear of the sole

o Wear of the liner

o Wear of the straps

o Stripes suites

o Faded colors

o And other

We know time is of the essence when your gear is down, and we'll do our best to get you back on the snow as quickly as possible.

Article 10. Intellectual property

All documents, text information, graphics, images, photographs, any other content or formatting disseminated on the Website or in the GCS are and remain the exclusive property of TALPUS SAS.

Consequently, any use and/or total or partial reproduction of their content is strictly prohibited and is likely to constitute an infringement of the intellectual property rights of TALPUS SAS.

In particular, the distinctive signs, brands, visuals of the Products and company names appearing on the Website are protected by intellectual property law and may not be reproduced, in whole or in part, without the prior written authorization of the holder(s) of these rights.

Section 11. Customer Service

The Customer is invited to contact TALPUS SAS customer service for any questions relating to the order, its shipping and its follow-up:

• By telephone, Monday to Friday from 2 p.m. to 5 p.m. to customer service on the number: +33 (0) 4 50 53 54 35.

• By e-mail to the address: info@key-equipment.com

Article 12. Liability – Force majeure

TALPUS SAS cannot be held liable for any events, inconveniences or damage inherent in the use of the Internet network, in particular in the event of a break in service, external intrusion or the presence of computer viruses.

Furthermore, TALPUS SAS cannot be held liable for non-performance of the contract in the event of fault by the Customer, for a fortuitous reason, or in the event of force majeure as defined in article 1218 of the Civil Code.

Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship.

Article 13. Dispute settlement method

The original of this GCS is written in French and can be found here:
www.key-equipment.com/conditions-genrales-ventes

The sales contracts resulting from the placing of orders by the Customer on the Website are subject to French law. Nevertheless, the application of French law to the GCS does not have the consequence of depriving Customers residing outside of French territory of more favorable national provisions which would be applicable to them.

In the event of a complaint concerning an order or more generally in the event of a dispute with TALPUS SAS, the Customer is invited to make a prior complaint to customer service.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, TALPUS SAS adheres to the Center for Consumer Mediation of Conciliator of Justice whose contact details are as follows: 49 Rue de Ponthieu, 75008 Paris – https://www .cm2c.net . After prior written action by consumers vis-à-vis TALPUS SAS with Customer Service, the Mediator Service may be contacted for any consumer dispute whose settlement has not been successful.

The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

The Customer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/, in particular in the event of a cross-border dispute.

In addition, the Customer always has the option of going to court to resolve a dispute. Any dispute must be submitted to any legally competent court.

APPENDIX 1: MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract)

— For the attention of the company TALPUS SAS whose head office is located at 5215 Route de Flaine 74300 Arâches la Frasse, France and whose email address is as follows: info@key-equipment.com

— I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the goods (*) below ...................................................................................................................................................................................................................................................................................................................................................................

— Ordered on (*) /received on (*) ..................................................................................................................................

— Name of Customer(s) ...............................................................................................................................................................................................................................................................................................................

— Address of the Customer(s) .................................................................................................................................................................................................................................................................................................

— Date ...............................................................................................................

— Signature of Customer(s)

(Only in case of notification of this form on paper) .......................................................................................................................................................................................

(*) Delete as appropriate