Terms and Conditions of Sale and Use

The purpose of these Terms and Conditions of Sale and Use (hereinafter the "TCSU") is to define the rights and obligations of the parties in connection with the sale of products (hereinafter the "Product(s)") distributed by NOX STORAGE, a société par actions simplifiée (simplified joint stock company) with share capital of €1,000, whose registered office is at 544, Route de Villebrumier 31340 Villemur sur Tarn, registered with the Trade and Companies Register under number 829 112 598 R. C.S Toulouse, intra-community VAT number FR77829112598 (hereinafter the "Seller"). Placing an order for Product(s) with the Vendor implies the Buyer's irrevocable acceptance, without restriction or reservation, of all the provisions of the T.

These GCU are subject to change. The CGVU applicable to the Buyer are those in force on the date the Buyer places the order. No general or specific condition appearing in documents sent by the Buyer may be incorporated herein without the express written agreement of the Vendor.

In particular, these General Terms and Conditions of Sale shall prevail over any other document, and in particular over any general terms and conditions of purchase. They apply, without restriction or reservation, to all services and Products rendered by the Vendor to Buyers. Any other document issued by NOX STORAGE is for information purposes only (prospectus, catalog, brochure, etc.).

All orders are based on a quotation. The Buyer places his order by contacting NOX STORAGE by e-mail or telephone. All orders placed by the Buyer are firm and final upon receipt by NOX STORAGE of the quotation signed by the Buyer. Any quotation must specify at least: the description of the Product(s), their quantity, the place and date of delivery requested by the Buyer. NOX STORAGE undertakes to deliver the quantities ordered subject to availability.

Orders will be processed within one (1) week unless expressly waived in writing by NOX STORAGE. Prices are quoted in euros and include all taxes. They include the VAT applicable in France on the date of the order. The price of the Products is that applicable on the day the order is placed.

Once the order has been placed, prices may not be modified, except in certain clearly stated cases. All taxes, duties or other services to be paid of any nature whatsoever, relating to the agreed sale, shall be borne by the Buyer.

Only the actual provision of funds to NOX STORAGE constitutes payment within the meaning of this article.

Payments are accepted by credit card or cheque. For these 2 methods of payment, only payments in euros are accepted.

The remittance of bills of exchange not payable at sight or any other instrument creating an obligation to pay does not constitute payment.

Ownership of the Products shall not pass to the Buyer until payment has been made. Payment is understood to mean payment of the price of the Products, the costs associated with the sale and interest.

Any sum not paid by the due date shall automatically give rise, on the day following the payment deadline, to the payment of late payment interest at a rate not less than three times the legal interest rate, as well as to the invoicing of collection costs at a flat rate of €40.

Default in payment of any sum not paid on the due date shall render all outstanding invoices immediately payable, without the need for NOX STORAGE to issue a formal notice of default. Such events release NOX STORAGE from any obligation and entitle NOX STORAGE to suspend all deliveries until full payment of the invoices concerned and to terminate by operation of law any order to be executed or in progress.

Any deterioration in the Buyer's credit rating may justify the requirement of guarantees or payment in cash or by bill of exchange payable to

In accordance with legal provisions, NOX STORAGE is the owner of the goods until full payment has been received.

However, the risks are transferred as soon as the goods leave the seller's warehouse.

In the event of non-payment, even partial, and without prejudice to its other rights, NOX STORAGE may obtain the return of the goods by registered letter, at the Buyer's expense.

If the Products cannot be returned to NOX STORAGE, the costs of recovering both the unpaid sums and the sums due by way of penalty shall be borne by the Buyer, including legal fees.

Even if he is not the owner, the Buyer shall bear the risks and damages that the equipment may suffer or cause to suffer from the moment he takes delivery of the equipment.

Delivery terms are defined by NOX STORAGE. Orders are shipped directly to the address provided on the quotation by the Buyer.

The Buyer is required to provide all information necessary for delivery (address, access code, etc.), as well as contact information for receiving the order.

Delivery times are given for information only; they depend on availability, carriers and the order in which orders are received. Exceeding delivery times shall not under any circumstances give rise to the award of damages or penalties for late delivery, or to rescission of the sales contract.

In accordance with article 1148 of the French Civil Code, NOX STORAGE shall be released from its obligation to deliver in the event of a force majeure event such as strikes by one of its subcontractors or road blockages, or in the event of fault on the part of a third party or the Buyer.

NOX STORAGE reserves the right to make deliveries in whole or in part. NOX STORAGE reserves the right to make deliveries in whole or in part. No change in the terms of delivery of the Products may be made without the express prior consent of NOX STORAGE.

NOX STORAGE guarantees that the Products delivered comply with the French legal provisions applicable to each category of Products, mentioned on the order form, in which the Products are intended to be marketed. It is the Buyer's responsibility to verify the conformity of the Products to the order upon receipt at the location defined in the order form.

The Buyer must make any complaint concerning apparent defects or the conformity of the Products delivered by e-mail (nox@noxstorage.com) or by letter addressed to the administrative headquarters within two (2) weeks of delivery of the Products.

It is the Buyer's responsibility to provide proof of any defects or anomalies. The Buyer shall give NOX STORAGE every opportunity to ascertain such defects or non-conformities and, if necessary, to remedy them. The Buyer shall refrain from intervening itself or having a third party intervene for this purpose. Failing this, the Buyer may not claim any compensation or indemnification from NOX STORAGE for any reason whatsoever.

In addition, it is the Buyer's responsibility, in accordance with Article L.133-3 of the French Commercial Code, to make any reservations to the carrier on the delivery receipt of the single transport document (DUT) and by registered letter with acknowledgement of receipt within three (3) working days following receipt of the Products, with a copy to NOX STORAGE.

Products will not be returned or exchanged, except in exceptional cases. In accordance with the provisions of article L.442-6 I-8 of the French Commercial Code, any Product returned without NOX STORAGE's consent may not give rise to a credit note, deduction or compensation.

In accordance with the legal provisions of article L 121-20 of the French Consumer Code, the Buyer may decide to cancel his purchase within 7 days of the delivery date.

He/she will only be responsible for the shipping costs. Reimbursement will be made within 30 days of receipt of the goods by NOX STORAGE, as if the right of withdrawal had been exercised.

The return shall be made by the Buyer to the following address, unless otherwise specified: NOX STORAGE - 544 Route de Villebrumier, 31340 Villemur sur Tarn, FRANCE.

This right of withdrawal may never be exercised if the Products delivered have clearly been used, even for minor purposes.

Products must be returned properly protected, in their original packaging, in perfect condition for resale (undamaged, damaged or soiled by the Buyer), together with any accessories, instructions for use and documentation, to the address indicated above, together with the invoice. Packages may not be returned if there is nothing attached to identify the sender (order number, surname, first name, address).

The costs and risks of returning the Product are borne by the sender. The return of Products will give rise to a refund equal to the purchase price of the Product(s) purchased. The refund does not include any delivery charges. As soon as the return has been processed, NOX STORAGE will send an email to the Buyer informing him/her of the amount of the refund.

The Products marketed by NOX STORAGE are of fair and merchantable quality, it being specified that any samples given to the Buyer are only intended to testify to the type of execution and usual quality of these Products. Any return of goods must be formally agreed in advance between NOX STORAGE and the Buyer.

The costs and risks of return are borne by the purchaser. Any return of a previously accepted order will result in the creation of a credit note for the benefit of the Buyer after qualitative and quantitative verification of the Products by NOX STORAGE, the sole judge of the defective nature of the delivery.

In the event that NOX STORAGE determines that the delivered goods are not in conformity with the contract, the Buyer may obtain a replacement free of charge or a refund for such goods, to the exclusion of any compensation. No goods will be taken back more than fifteen days after receipt by the Buyer. The return of unsold Products by the Buyer is not accepted.

NOX STORAGE provides the Buyer with all the information necessary for the proper use of its Products and guarantees their operation as long as they are used correctly according to the instructions provided to the Buyer through various media (website, FAQ section, Quick Start Guide, etc.).

NOX STORAGE assumes no obligation of result and shall not be held liable in the event of improper handling of the Products.

In particular, the Buyer is aware of the various dangers associated with the use of pressurized carbon dioxide and undertakes to take all necessary precautions when handling the Products. NOX STORAGE declines all responsibility for any serious accident or death that may occur as a result of using our Products.

Any complaint concerning the non-conformity of the services with the contractual commitments may be notified by registered letter with acknowledgement of receipt (NOX STORAGE, 544 Route de Villebrumier, 31340 Villemur sur Tarn) or by e-mail (nox@noxstorage.com).

If, despite the efforts made by NOX STORAGE to find a suitable solution, the situation remains unresolved, the Buyer undertakes to give preference to a mediation solution before initiating legal proceedings. In the event of legal proceedings, the sessions will take place at the Toulouse court and are subject to French law.

No third party may intervene without the joint agreement of NOX STORAGE and the Buyer.

Any question relating to these GCSU, and to the sales governed by them, which is not dealt with by the contractual stipulations, shall be subject to the provisions of French law, excluding the 1980 Vienna Convention on the International Sale of Goods with respect to sales made on French territory.

In the absence of an amicable settlement, any dispute arising in connection with the GCSU and the sales governed by them shall be submitted to the exclusive jurisdiction of the competent courts of Toulouse, even in the event of multiple instances or parties, third-party proceedings or summary proceedings.