General Terms and Conditions of Sale

DEFINITIONS

CONSUMER OR CLIENT: A natural person who acts outside of any professional activity to procure or use a good to satisfy their personal or family needs.

USER: A natural person who acts outside of any professional activity to use the website flipr.shop or flipr.fr.

SIGFOX: Refers to the company SIGFOX, registered in the Toulouse Trade and Companies Register under number 514 582 444. This company offers international cellular connectivity for the Internet of Things, entirely dedicated to low-bandwidth communications from an infrastructure of antennas and base stations that are completely independent of existing networks, such as telecommunications networks, and used as part of the operation of the product marketed by CTAC-TECH.

FLIPR: Refers to the brand FLIPR, and the related products and services.

Website: flipr.shop, flipr.fr, flipr.es, flipr.ae

1. PREAMBLE

We hope that our services and products will give you complete satisfaction. We are always open to your comments and suggestions, so please feel free to share them with us. If you have any questions, we kindly ask you to contact our customer service before finalizing your purchase on our portal help.goflipr.com

All products and services are provided by the company CTAC-TECH, MBE310, 46 rue André Vasseur, 31200 Toulouse, SIREN number in the Toulouse Trade and Companies Register: 819 808 049. Intra-community VAT number FR 238 198 080 49.

The general terms and conditions of sale, hereinafter referred to as GTCS, describe the services available on the flipr.shop website (or flipr.fr / flipr.es / flipr.ae) as well as the rights and obligations of its Clients and Users.

These terms of use are subject to change at any time, so the User is invited to consult them regularly on the website: https://www.flipr.shop

Also available to users are:

• the privacy policy
• the legal notices
• the general terms of use of the Flipr application

These General Terms and Conditions govern the contractual relationship between SAS CTAC-TECH, the publisher of the website flipr.shop (or flipr.fr) (identified as "the Website") and the owner of the "FLIPR" brand, and its Clients, who are legal consumers, concerning the terms of execution and the conditions under which the sales of Products and Services via the website are concluded.

These GTCS (General Terms and Conditions of Sale) are binding between CTAC-TECH and the Client for the entire duration of their contractual relationship, to the exclusion of any other document or conditions. CTAC-TECH reserves the right to modify the GTCS at any time. The new general terms and conditions of sale will, if necessary, be brought to the attention of the client by online modification and will apply only to sales made after the modification. The current GTCS in French are accessible at any time on the flipr.shop website or available upon simple request from the Client at the headquarters. The GTCS are subject to French law. In case of a dispute, the French courts will have exclusive jurisdiction.

The flipr.shop website markets and delivers "products" and "services". The terms "Products" and "Services" refer to all the tools and services offered by CTAC-TECH to its Clients in the field of marketing water measurement and analysis tools, including the marketing of the connected object Flipr AnalysR (a connected water analysis object for swimming pools) and the marketing of services such as warranty extension. All these products and services are reserved for its clients who are legal consumers (thereby excluding distribution or resale by a professional).

These general terms and conditions of sale apply to all products and services sold on the flipr.shop website, excluding the following goods:

• The Application (also referred to as the Associated Service) subject to the general terms of use of the Flipr application.

Please read these general terms and conditions of sale carefully before placing an order with CTAC-TECH. By placing an order with CTAC-TECH, you notify us of your agreement to be bound by these conditions.

You have the opportunity to register free of charge on the BLOCTEL (www.bloctel.gouv.fr.) telephone anti-solicitation list in order to no longer be telephonically canvassed by a professional with whom you have no current contractual relationship, in accordance with the French consumer law no. 2014-344 of March 17, 2014. Any consumer has the option of registering free of charge on this list at www.bloctel.gouv.fr.

2. HOW TO ORDER?

If you wish to purchase one or more products listed on the Website, you must select each product you wish to buy and add it to your cart. Once you have selected all the products you want to buy, you can confirm the contents of your cart and proceed with the order.

At this stage, you will be redirected to a page summarizing the details of the products you have selected, their prices, and delivery options (with the applicable shipping costs). You will then need to choose the delivery options and payment methods that suit you best.

At the bottom of this page, there is a purchase button. You must click this button to confirm and place your order.

After placing your order, we will send you a confirmation message. We will inform you of the dispatch of your items.

You agree to receive your purchase invoices electronically. For each delivery, we will indicate in the confirmation of dispatch message whether an electronic invoice is available.

The products and services are offered in the following geographical areas: Metropolitan France, Belgium, and Luxembourg. A tolerance can be applied for customers residing in other countries depending on customer requests. These tolerances come with specific conditions regarding warranty, payment methods, and delivery.

3. TERMS OF SALE AND USE OF PRODUCTS AND SERVICES

3.1. CONDITIONS APPLICABLE TO ALL PRODUCTS AND SERVICES

You are fully informed and accept the following:

The company CTAC-TECH does not cover the costs inherent to connecting to the necessary internet network, and generally, all communication costs induced by accessing the Site and the associated service for the user.

The use of Flipr products, especially Flipr AnalysR and Flipr ControlR, requires the subscription, installation, and use of an application (referred to as "Associated Service"), distributed via the Apple AppStore and Google Play platforms. The Associated Service refers to all current and future functionalities of the Mobile Application, including (but not limited to): access to analysis results, maintenance recommendations, FliprPredict and FliprAlert functionalities, as well as other services that Flipr may offer in the future. Please note that for the Flipr Start offer, some of these functionalities are offered as options and are exclusively accessible via a paid subscription, which can be activated and deactivated from the Associated Service or from the flipr.shop website. We remind you that Flipr products cannot function without the Associated Service, which is only available on the previously mentioned platforms and exclusively compatible with iOS operating systems version 13 and above and Google Android version 10 and above, exclusively on Smartphone-type mobile phones.

With the Flipr Start product, some features of the Flipr application require a subscription. You can subscribe in two ways:

• Directly from the application via the Apple App Store or Google Play Store platforms. Subscription on the download platforms is subject to acceptance of the specific terms of use of each download platform, which can be consulted on the subscription offer presentation page.
• Directly from the flipr.shop website. In this context, the following conditions apply:
  • The Infinite Connect subscription plans are activated from the flipr.shop website for the duration mentioned at the time of order, either without commitment (1-month duration) or with a 12-month commitment.
  • Before any activation, the customer agrees to verify that they are not already subscribed to a plan, particularly via the Google Play Store or Apple App Store platforms. CTAC-TECH will not be held responsible in case of subscription accumulation. In case of doubt, contact our customer support.
  • Each plan, with or without commitment, operates on a tacit renewal basis. The customer has up to 24 hours before the anniversary date of the subscription to cancel their subscription.
  • In the context of a new subscription, and only in this context, regardless of the plan, the customer benefits from a 14-day trial period. The trial period starts from the activation of the subscription. The customer will be charged on the 14th day . During this trial period, the customer can cancel at any time, thus canceling the charge.
  • Subscription cancellation is done from the customer's online account on the flipr.shop website, accessible via the "person" icon in the menu. Cancellation is the sole responsibility of the customer. The cancellation will be effective at the end of the customer's commitment period. A billed month is due in its entirety.
  • In case of non-payment or failed charge, access to functionalities will be cut off within 15 days maximum, without notification to the customer from CTAC-TECH Flipr.
  • Subscriptions are non-transferable.

The use of Flipr connected water analyzers is guaranteed to work on pools or spas treated with Chlorine, Bromine, and with electrolysis (salt). In the case of a Chlorine pool, CTAC-TECH recommends using Chlorine without stabilizer (also called unstabilized Chlorine). Adding a stabilizer to Chlorine pools can skew the correct measurement of chlorine levels, and over time pose significant risks to water quality. In this case, and as much as possible, CTAC-TECH through its associated service and expertise, will strive to provide the most accurate analyses, or if necessary, estimates. It is expressly reminded that the use of copper-based or active oxygen treatments can prevent water analysis readings and render dosage advice obsolete for an uncertain period.

Flipr devices are not alert systems designed to warn or prevent drowning risks.

Flipr analysis devices such as Flipr AnalysR, Flipr Start, or Flipr Start Max are sensitive to freezing. It is recommended to remove the device from the water as soon as it drops below 7°C to avoid any damage to the device.

Photos, graphic representations displayed on the Website are not contractual and provided for indicative purposes only. CTAC-TECH cannot be held liable in this regard.

3.2. CONDITIONS SPECIFICALLY APPLICABLE TO PRODUCTS CONNECTED TO THE SIGFOX NETWORK

Flipr AnalysR, Flipr Start, and Flipr Start Max products may use the Sigfox telecommunications network. The client understands and accepts the following points:

All Flipr AnalysR devices purchased from 05/04/2022 are subject to the "Guaranteed Remote Connection" operation: Flipr AnalysR devices are delivered connected to the Sigfox telecommunications network, which ensures a connection throughout the French territory. This connection is included for the lifetime of the device. If the Sigfox-connected user receives less than 5 measurements per day over 7 consecutive days, the user can request a free WifiConnect connector from customer service, subject to sufficient stock, allowing a connection via their Wi-Fi network. It is understood that WifiConnect must be placed in a Wi-Fi-covered area and within a 40m radius around the pool. The "Guaranteed Remote Connection" offer extends for 2 years from the date of purchase of the device. Temporary Sigfox network failures or structural failures of the Sigfox operator are excluded.

Flipr AnalysR devices purchased before 05/04/2022, Flipr Start devices, and Flipr Start Max devices can be connected to the Sigfox network. This connection is either by user choice or by default depending on the product used.

As with any network, it is essential to check network coverage before purchasing and using the device. Checking the Sigfox network coverage is the responsibility of the Client. They agree to verify the coverage of their home and pool before purchase. CTAC-TECH cannot be held responsible for any failures due to the technological limits of antennas, satellite signals, GPS, and more generally the activity of the Sigfox company. We provide our sales teams as well as information on flipr.shop to determine coverage areas. In case of difficulty in determining the coverage area when purchasing the product, we offer phone assistance:

• Coverage Area Assistance Service

CTAC-TECH cannot be held responsible for variations in Sigfox network coverage rates at the location where Flipr products and services are used, or for poor reception due to the pool environment occurring 30 days after product delivery.

Anyone purchasing Flipr products and services declares being aware of these functional and technical characteristics listed on the product sheet and detailed on the flipr.shop website, especially the fact that Flipr products only work with the Associated Service and subject to sufficient coverage of a remote connection network, such as Wi-Fi or Sigfox.

3.3. CONDITIONS SPECIFICALLY APPLICABLE TO THE FLIPR ANALYSR RENTAL PLAN

General Terms and Conditions of Service for the Rental Offer

As part of its rental offer, CTAC-TECH Flipr offers rental contracts, concluded in the form of agreements for the delivery and provision of the Flipr AnalysR product for regular and private use in exchange for monthly payments (also called a subscription) whose amount is defined at the time of subscription. The service offer proposed by CTAC-TECH Flipr detailed here applies exclusively to the French national territory, excluding the French overseas territories, Corsica, and the Principality of Monaco. Any order from a territory not covered by the offer will be automatically canceled.

Contract Duration:

The rental is concluded for a period of 12 months from the subscription date. The subscription date occurs on the date of the first payment. The first payment is made upon ordering on the flipr.shop website. This first payment corresponds to the anniversary date of the contract. The renewal is automatic, with the possibility to terminate the rental up to 24 hours before the contract anniversary date.

Offer Content

The rental offer includes:

• The rental of Flipr AnalysR
• A calibration kit offered per rental period (the first calibration kit being included with the device). During the first quarter of the year following the subscription, the customer will receive a voucher valid exclusively for a calibration kit, including standard shipping costs. Non-refundable, non-exchangeable. This voucher will be valid for 8 weeks.
• The 4life warranty as defined in the general terms and conditions of sale
• A 5% discount on pool accessories and treatments. Following the subscription, the customer will receive a 5% discount code via email within 10 business days, valid on all Flipr accessories and pool or spa treatments sold on the flipr.shop website (unless otherwise stated). This voucher will be valid for the entire duration of the contract.
• Connection to the Sigfox network OR in case of no Sigfox signal reception, connection via the WifiConnect accessory (provided free of charge according to the general terms and conditions of sale).

Termination, Cancellation, and Withdrawal of the Rental Contract

CTAC-TECH Flipr may terminate the contract for the following reasons:

• In case of rejected payment after 3 attempts: CTAC-TECH Flipr will issue two reminders. If payment is not made 30 days after the first failure, the contract will be automatically terminated. CTAC-TECH will initiate forced payment procedures and apply corresponding fees for the remaining months and late fees according to the legal scale.
• In case of 3 non-successive rejected payments, CTAC-TECH Flipr reserves the right to terminate the contract.
• In case of non-compliance with the general terms of use of the Flipr AnalysR device.
• In case of subleasing the Flipr AnalysR product.

The customer may withdraw within 14 days from the receipt of the product. The refund will be prorated based on the number of days of use from the activation date, at the rate of €0.99 incl. tax per day from the activation date by the customer until the product is received at CTAC-TECH Flipr's premises. In the context of the right of withdrawal, return shipping costs are the responsibility of the customer.

At the end of the 12-month commitment, the customer can terminate their subscription directly from their online account up to 24 hours before the renewal date. The customer will have 30 days to return the device at their expense in its original packaging, following the procedure established by customer service. Beyond the 30-day period, reminders will be sent to the customer on J+15, J+20, J+25, and J+31 after the termination date. At J+45, without any action from the customer, a charge of €70 incl. tax will be applied. CTAC-TECH may apply reconditioning fees only if the device shows physical damage not due to normal wear during the service period. These fees can amount to up to €90 incl. tax, defined by the Flipr workshop in the form of a quote and sent to the customer within 15 days following the return of the device.

Cases of Rental Contract Termination:

In case of the death of the subscriber or professional relocation to a residence without a pool, the contract may be terminated and the device returned at the expense of the customer or their legal successors.

Customer Responsibility

The subscribing customer is responsible for the property rented by CTAC-TECH Flipr. In this sense, throughout the subscription period, the customer must use the product under normal conditions of use, maintain it in good working condition by using maintenance products recommended by CTAC-TECH Flipr. They agree to immediately inform CTAC-TECH Flipr of any anomaly detected on the equipment. Any repair costs resulting from lack of maintenance will be borne by the customer.

The customer may not transfer the product for free or for a fee for any reason.

4. PERSONAL DATA

The use of the products, specifically Flipr AnalysR, Flipr Start, Flipr Start Max, Flipr ControlR, and Flipr Hub, requires the use of personal data and potentially their transfer to third parties. By using these products, you agree to the privacy and data management policy available here https://flipr.shop/policies/privacy-policy

5. PRICING CONDITIONS FOR PRODUCTS AND SERVICES

The prices of the products and services sold on the website may be stated in a currency other than euros. However, only the specified currency should be used as a reference. The indicated prices do not necessarily include all taxes. Tax-related elements are specified on the product pages or, where applicable, during the payment of the order. The indicated prices do not include shipping costs (unless specifically mentioned on the product page) and remain the responsibility of the Client. Delivery is subject to specific pricing. Only the price displayed in the cart is binding.

Shipping costs are indicated on the website, particularly on the product pages, and before the order is finalized. Their amount depends on the product, the service provider, and the destination of the order.

Any change in the VAT rate will be automatically reflected in the price by CTAC-TECH on its website. CTAC-TECH reserves the right to modify the price of products and services offered on its website at any time. Billing will be based on the prices displayed on the CTAC-TECH website at the time the order is placed.

The payment of the price of the Product and/or Service will be made at the time of the order unless otherwise stated in any document issued by CTAC-TECH and expressly accepted by the Client.

In the event of non-payment by the due date, late payment penalties at the legal interest rate will be payable without the need for any formalities or notices.

Furthermore, by express agreement, any delay in payment will result, after notification of an unsuccessful formal notice, after a period of 8 days, in the imposition of a penalty clause of 10% of the outstanding amount including VAT, which will be added to the principal debt amount, late payment penalties, and any potential judgments and additional charges pronounced by the courts.

Similarly, in the event of non-payment by the due date, CTAC-TECH may automatically and immediately suspend all ongoing Products and/or Services, regardless of their nature and level of progress, without this suspension giving rise to any right to compensation for the Client.

6. ORDER AND PRODUCT AVAILABILITY

Any order of Product and/or Service on the website implies the prior and unconditional acceptance by the Client of these General Terms and Conditions as well as the specific conditions of the sale (price, volumes, quantities, object, content, and related shipping costs). You acknowledge that you have full legal capacity to commit to these General Terms and Conditions of Sale.

After your order has been validated by our services, you will receive two separate emails at the address you provided when placing the order: the confirmation of your order and your invoice. Keep a copy of the content of these messages.

The delivered products remain the property of CTAC-TECH until all amounts due for the order, i.e., the price of the products and/or services and applicable taxes, have been paid in full.

We display the availability of the Products and Services offered by CTAC-TECH on the Website. Despite our efforts, this information may sometimes not accurately reflect the actual stock status of CTAC-TECH, especially during periods of high demand or technical failure of the stock management tool. In case of a stock outage of a product you ordered, CTAC-TECH customer support will contact you as soon as possible to offer an alternative solution or a refund no later than 30 days after your payment. Moreover, the production of Flipr products may be subject to unexpected interruptions, whether due to the reliability of production lines, the software used, the telephone or Internet network, or due to maintenance needs, or any other event that makes it impossible for CTAC-TECH to provide its Products and Services.

An estimated delivery time is displayed on the product pages and during the order. This time is an estimate. Under no circumstances can CTAC-TECH be held liable for delays of less than 30 days after the order and for non-compliance with this estimated delivery time.

In some cases, particularly at the beginning of the season while awaiting the arrival of stocks, CTAC-TECH may implement pre-sales or pre-orders. In this context, the customer is invited to place an order by paying the full amount of their order. This order will be reserved and shipped as soon as the products are in stock.

7. DELIVERY OF PRODUCTS AND SERVICES

Orders for Products and Services are processed as quickly as possible, considering technical and logistical constraints. All order management, shipping, and delivery times specified in documents from CTAC-TECH (such as brochures or quotes) or specified on the website are for informational purposes only and are not binding on CTAC-TECH, in order to account for potential technical and logistical production difficulties.

A delay in delivery cannot result in order cancellation. However, under Article L 216-2 of the Consumer Code, ordered products must be delivered no later than 30 days following the order and full payment, otherwise, you may cancel your order. If applicable, the amounts paid will be refunded without delay, excluding any other compensation.

CTAC-TECH is exempt from any liability if the non-execution or improper execution of the order is attributable to the Client, an unforeseeable and insurmountable act of a third party, or a case of force majeure, or in the event of stock outage or unavailability of the Product or Service.

To ensure quality service, we use a third party for delivery. This third party may vary depending on the delivery address provided. CTAC-TECH does not ship orders outside the countries mentioned in the "Geographical Area" clause of these General Terms and Conditions of Sale. To track the status of your delivery, the client will receive an email containing a tracking number and the delivery deadline.

Upon receiving the order, the client must check the condition of the package, its packaging, and its content in the presence of the transport company's employee.

In case of a real or supposed anomaly, the client must:

• Follow the transport company's procedure for such cases (in particular, report any damage or make any complaint or reservation) and refuse the goods by making an immediate declaration to the transport company's employee stating that the products are not in good condition.
• Inform CTAC-TECH within 24 hours of these irregularities, specifying the order number.

CTAC-TECH is not responsible for non-compliance with the foreseeable delivery times announced due to constraints inherent to postal delivery times, for which third parties are responsible.

Similarly, CTAC-TECH cannot be held responsible for an incorrect delivery address provided by the Client, who will then bear any potential re-shipping costs.

In case of a delivery defect, an investigation may be opened at the client's request. An investigation with a transport company can take up to 21 business days. If, during this period, CTAC-TECH locates the product(s), they will be shipped immediately to the delivery address indicated in the order.

If not, if CTAC-TECH cannot locate your products at the end of this 21-day investigation period, and in the case of a failure exclusively attributable to CTAC-TECH or the carrier, CTAC-TECH will re-ship the ordered products at its own expense.

8. PAYMENT

8.1. Single Payment

The following payment methods are accepted on the website: Credit cards (list available on the payment interface), PayPal, and Bank Transfer. The availability of these payment methods may vary depending on the client's billing location.

Payment must be made at the time of order. The amounts involved are neither deposits nor advances. The full amount will be charged or collected at the time of order confirmation.

By using our payment systems, you guarantee to CTAC-TECH that you have the necessary authorizations to pay for your order.

The Client is informed that an order with payment by bank transfer will only be effective after the transfer is received in the company's bank accounts and validated.

8.2. Payment in Multiple Installments with Alma

CTAC-TECH offers a payment method in 3 installments without fees via the ALMA operator. If you pay for your order in multiple installments, you accept Alma's general customer terms as well as Alma's specific terms for CTAC-TECH Flipr customers.

ALMA is an interest-free credit repayable in 2, 3, or 4 installments. The amount of the interest-free credit ranges between €135 and €3000 maximum.

8.3. Payment in 3 Installments or Deferred Payment "Try First, Pay Later" with Pledg

You can request a financing solution called "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later," through which we may grant you, subject to the acceptance of your file and the conditions below, payment terms allowing you to pay your order in 3 installments or deferred for 30 days.

In accordance with Article L. 312-4 of the Consumer Code, the offer of "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later" is not subject to Articles L.312-1 and following of the Consumer Code due to the repayment period not exceeding 3 months and the absence of fees and interests charged for this purpose.

8.3.1. Restrictions – Accepted Payment Methods

"Payment in 3 installments without fees with Pledg" or "Try First, Pay Later" is reserved for individuals (legal adults) residing fiscally in Metropolitan France and DOM and using a Visa or MasterCard for payment of their order on the website flipr.shop. The validity period of the card used must be after the date of the last installment of "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later."

Systematic authorization cards such as Electron or Maestro, e-cards, Indigo cards, and American Express cards are not accepted.

8.3.2. Subscription Terms

When confirming your order, you are offered the choice of the "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later" service to pay for your order.

If you wish to subscribe to this service, you must choose either "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later." If you request the "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later" financing, your details and information related to your order will be transmitted to our partner Pledg (a simplified joint-stock company with a capital of €1,040,513.58, headquartered at 2 Pointe de Kervigorn, 29830 Saint Pabu, registered in the Brest Trade and Companies Register under No. 823 495 544), which will use them to study your request for the granting, management, and collection of financing.

A hold and pre-authorization on your bank card are made upon your financing request, with the amount of the pre-authorization depending on the order amount. If this pre-authorization is subsequently canceled, it may still appear on your account for a few days, depending on your bank.

Depending on your file, supporting documents may be requested to validate your financing request. Neither Pledg nor we guarantee that your file will be accepted.

If your file is accepted, you will be offered to pay in 3 installments or in 30 days, and you will receive a payment schedule summarizing the amount of your various payment installments. These installments constitute a payment period granted to you.

By accepting "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later," you will become a debtor of a claim for the payment periods granted to you.

This claim may be assigned to a securitization organization. In this case, the amounts you owe under the [Payment in X installments / Deferred Payment] will be due directly to this organization. In this context, we inform you that the organization has mandated Pledg to manage and collect the claim and associated fees, including making payment calls for due installments under "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later" through monetary payment transactions via the bank card you provided at the time of these terms, and collecting unpaid amounts.

In case of your default in repayments, immediate repayment of the remaining principal, plus any accrued but unpaid interest, may be demanded against you. A penalty of up to 8% of the principal owed may also be demanded.

8.3.3. Operation

For Payment in 3 installments:

Payment in 3 installments allows you to pay for the order made on flipr.shop as follows:

• An initial mandatory installment, debited on the day of order confirmation, corresponding to part of the order.
• The remaining amount of the order in several subsequent installments according to the payment schedule communicated to you.

For deferred payment:

The Deferred Payment of 30 days allows you to pay for the order made on flipr.shop as follows:

• The amount due for your order is debited 30 days after the payment method validation and confirmation of your file acceptance.

This payment method is strictly reserved for orders containing exclusively the following products: Flipr AnalysR, Flipr ControlR, Auto-Management Pack.

8.3.4. Acceptance Conditions – Double Click

When you choose to pay for your order via "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later" by bank card, you must confirm this choice by the "double-click" technique: after selecting the "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later" method on the flipr.shop payment page, you must read the specific terms related to "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later," included in these general terms, and notify your electronic acceptance of the general terms by clicking the "validate" button.

You acknowledge that the "double click" associated with the acknowledgment of reading the general terms constitutes consent to contract and constitutes an irrevocable and unconditional acceptance of the terms related to "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later."

By validating the request for "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later," you request the immediate execution of the financing without waiting for the expiration of the withdrawal period as provided in 5 below.

8.3.5. Withdrawal Period

In addition to the right of withdrawal you have to cancel your order, you also have a 14-day withdrawal period to cancel the financing, whether it is "Payment in 3 installments" or "Deferred Payment."

Accordingly, in accordance with Articles L. 222-7 and following of the Consumer Code, after accepting "Payment in 3 installments" or "Deferred Payment," you may withdraw from your commitment within 14 calendar days from your acceptance of these general terms, by sending an email to contact@pledg.co with the signed withdrawal form below, the email sending date serving as proof.

In no case does the exercise of this right of withdrawal result in recording in a file.

If you have exercised your right of withdrawal under these terms for the financing of the order only, the amount of the order for which you requested "Payment in X installments" or "Deferred Payment" becomes fully and immediately due and may be charged to the bank card you used for the order. Any fees related to the financing will be refunded.

If you have exercised the right of withdrawal otherwise available for your order, the installments already debited will be refunded to the bank card used for your order (the refund will be partial if the withdrawal is partial), and the next installments for this order will be canceled (the cancellation will be partial if the withdrawal is partial). Any fees related to the financing will be refunded proportionally in the case of partial withdrawal.

WITHDRAWAL FORM "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later"

To be sent only if you wish to withdraw from this financing offer no later than fourteen (14) calendar days following your acceptance, by email to contact@pledg.co

This withdrawal is only valid if sent before the expiration of the above 14-day period, clearly and fully completed.

I, the undersigned ………….…………..born on ………….. residing at ………………………… (city and postal code), hereby withdraw from the financing offer of ………..……. Euros from [Merchant] that I accepted on ……………………. for the purchase of …………………… (product) Order No.………………………….. from [Merchant]

Date: ………………………………………. Signature of the borrower:

8.3.6. Resolution or Cancellation of Order

In case of resolution or full cancellation of the order with our merchant site, excluding the exercise of a right of withdrawal, all amounts already paid by you under the "Payment in 3 installments without fees with Pledg" or "Try First, Pay Later" will be refunded to the credit card used for the order.

In case of partial resolution or cancellation of your order with our merchant site, excluding the exercise of a right of withdrawal, you will be refunded on your credit card for any overpayment, i.e., the negative difference between the amount of the canceled order and the amount of the already debited installments, and (ii) cancel the upcoming installments.

8.3.7. Proof

Unless proven otherwise, any data, file, record, or any operation received and/or stored on the flipr.shop website or any other IT or electronic medium of flipr.shop or our partner Pledg, particularly from transaction screens, as well as their reproduction on any other medium, constitute proof of all transactions made between you and flipr.shop and our partner Pledg.

9. WITHDRAWAL AND RETURN

Withdrawal:

In accordance with Article L221-28 of the Consumer Code, you have a period of 14 clear days from the day after the date of receipt of the products to return your order. Any claim received beyond the aforementioned period will result in the inability to make a withdrawal request. It is imperative to follow the withdrawal process explained on the dedicated page. Failure to comply with this procedure will result in the simple and outright cancellation of this right of withdrawal.

Return:

If you notice a defect on your product and wish to request an exchange, you have 14 clear days from the date of delivery to make the request to customer service.

For exceptional cases of extended withdrawal offers to 30 days, a flat deduction of €50 will be automatically applied to the return amount, whether the product has been used or not, to cover refurbishment costs. This extended withdrawal period, beyond the standard 14 days, is specifically stipulated at the time of purchase and is not applicable in any other cases.

In case of withdrawal, the refunded amount will correspond to the price of the products plus the minimum delivery fees offered at the time of the order. Return shipping costs will be entirely borne by the customer.

In the event of damage or non-return of any element of the order, the price of that element will be deducted from the refunded amount, whether it is a technical element or packaging. If the element is available in the shop, the deduction will correspond to the price offered excluding promotions.

Other damages will be assessed by our technical service and may result in a deduction of up to 100% of the order value.

Withdrawal Procedure

10. LEGAL WARRANTY CLAUSE, COVERAGE, MANUFACTURERS, AND WARRANTY EXTENSION

10.1. LEGAL WARRANTIES

You are entitled to the legal guarantee of conformity under Articles L217-4 and following of the Consumer Code, as well as the guarantee against hidden defects under Articles 1641 and following of the Civil Code.

When you act under the legal guarantee of conformity:

1. You have a period of 2 years from the delivery of the goods to act.

2. You can choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code.

3. For any product purchased from midnight on March 18, 2016, you are exempt from providing proof of the existence of the lack of conformity of the goods for twenty-four (24) months following the delivery of the goods, except for second-hand goods for which you are exempt from providing proof of the existence of the lack of conformity of the goods for six (6) months following the delivery of the goods.

For the guarantee against hidden defects:

1. You must provide proof of the existence of the hidden defect in accordance with Articles 1641 and following of the Civil Code.

2. You can choose between the cancellation of the sale or a reduction in the sale price (Article 1644 of the Civil Code).

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

10.2. MANUFACTURER'S WARRANTY

Manufacturer's warranty: CTAC-TECH guarantees the hardware components of the product, designed by the company, against any defects occurring after purchase. These defects concern the entire product except for the battery. The duration of the manufacturer's warranty on all products is as follows:

• 2 years for the entire product, excluding batteries and probes, following the date of purchase by the customer of the original product from CTAC-TECH or an authorized CTAC-TECH reseller.
• 1 year for batteries and probes, following the date of purchase by the customer of the original product from CTAC-TECH or an authorized CTAC-TECH reseller.

Specific case of battery warranty on connected water analyzer products: The battery warranty is 1 year, subject to compliance with the usage conditions established by CTAC-TECH. These usage conditions allow a battery life of 2 years. The usage conditions are as follows:

• 1 measurement via Sigfox or wifi every 75 minutes
• 1 Bluetooth measurement per day
• Use in water with an average annual temperature above 17°C

In case of non-compliance with these usage conditions, the battery life may vary. In case of abnormal usage conditions (e.g., overuse of the Bluetooth connection several times a day), the battery warranty effects may be voided.

Specific case of use in water with a temperature below 7°C: Any use of a Flipr (Start, Start Max, AnalysR, AnalysR 3, and higher models) at temperatures below 7°C, as recorded on our servers, will void all warranties, including those related to components, batteries, and probes.

For remote control-type products, the warranty depends on the correct installation of the device according to the installation manual recommendations. Any installation outside the manual recommendations will void the warranty effects.

If CTAC-TECH decides, after analyzing the returned product, that the product is ineligible based on the "exclusions" article below, CTAC-TECH will no longer be subject to any warranty obligation. In this case, the client will be offered a technical intervention service, subject to their acceptance (see "after-sales service" article). If refused, the return shipping costs will be borne by the Client.

Implementation of the Manufacturer's Warranty:

The implementation of the CTAC-TECH warranty is subject to the following points by the Client:

• Notify CTAC-TECH in writing (email or letter) during the warranty period of any product failure, providing a detailed description of the presumed failure,
• Comply with the return policy in force as provided earlier in the General Terms and Conditions of Sale.

Effects of the Manufacturer's Warranty:

The manufacturer’s warranty coverage includes the following costs:

• Return and reshipment costs for clients based in mainland France
• Parts
• Labor

For clients residing outside mainland France (Overseas Departments and Communities, Europe, or the rest of the world), return and reshipment costs are the responsibility of the Client. The Client is free to choose the shipping method they deem most suitable.

10.3. WARRANTY EXTENSION RESERVED FOR FLIPR 4life SERVICE SUBSCRIBERS

Warranty Extension (Flipr 4life service): CTAC-TECH offers a "Flipr 4life" warranty extension. This service is offered as an option to all owners of a Flipr Start, Flipr Start Max, and Flipr Hub product, and can be subscribed to once within 180 clear days from the date of purchase. This extension allows for the repair service of the device without time limitation, as long as the direct debit is active. The implementation of this service will only occur in the event of an incident on the product. If the Client does not need to use this service, it will be lost and cannot give rise to any refund or exchange. Flipr 4life is offered exclusively with monthly direct debits. An interruption of direct debit exceeding 45 clear days due to the user will immediately and irrevocably end the warranty extension service, without CTAC-TECH needing to notify the client. Previous debits before the incident cannot give rise to any refund, partial or total.

Implementation of the Flipr 4life warranty:

When the Client implements the Flipr 4life warranty within three years, they should make a service request via the website or by written request sent to the headquarters. The Flipr technical service will perform maintenance by replacing both the defective hardware components of the product, as well as the battery, sensors, and probes.

Effects of the 4life warranty extension:

The manufacturer’s warranty coverage includes the following costs:

• Return and reshipment costs for clients based in mainland France
• Parts or complete replacement of the device if the technical support deems this option essential
• Labor

For clients residing outside mainland France (Overseas Departments and Communities, Europe, or the rest of the world), return and reshipment costs will be their responsibility. The Client is free to choose the shipping method they deem most suitable.

10.4. CONDITIONS APPLICABLE TO THE WARRANTY EXTENSION SERVICE

CTAC-TECH offers a "Flipr 4life" warranty extension. This service is offered as an option to all owners of a Flipr Start, Flipr Start Max, and Flipr Hub product, and can be subscribed to within 180 clear days from the date of purchase. The services and benefits of the "Flipr 4life" service can only be implemented once during a period of 3 years from the date of purchase of the Flipr product. The implementation of this service will only occur in the event of an incident on the product. If the Client does not need to use this service within the 3-year period, it will be lost and cannot give rise to any refund or exchange. Flipr 4life is offered exclusively with monthly direct debits. An interruption of direct debit exceeding 45 clear days due to the user will immediately and irrevocably end the warranty extension service, without CTAC-TECH needing to notify the client. Previous debits before the incident cannot give rise to any refund, partial or total.

10.5. WEAR PARTS AND CONSUMABLES

The following are considered wear parts or consumables:

• Batteries
• Probes
• Calibration solutions
• Test strips

Apart from hidden defects and manufacturing defects, wear parts and consumables are not covered by the 2-year warranty.

The battery provided with Flipr is designed to give our products a theoretical autonomy of 2 years. This autonomy can vary from 2 months to 24 months depending on the number of measurements taken, the mode chosen by the user (Sleep, Economy, Normal, Boost), and especially the conditions, including temperature.

Probes are extremely fragile devices that can be damaged by water impurities, pool chemical treatments, shocks, and temperature variations. Their accuracy is not guaranteed.

Calibration solutions have a limited shelf life, especially after opening. They can only be used once.

Test strips have a limited shelf life, especially after opening the packaging. They can only be used once.

10.6. COMMON EXCLUSIONS TO WARRANTIES

CTAC-TECH will not be subject to any warranty obligation in the following cases:

• The Product has no material and manufacturing defects
• The Product has defects that are not reproducible by CTAC-TECH's after-sales service
• The Product is marked as 'sample' or sold 'as is'
• The Product's serial number is unreadable or missing
• The Product (a) has undergone modifications, adaptations, repairs, or corrections by any party other than CTAC-TECH
• The Product has been handled, stored, installed, tested, or used without following the applicable Documentation
• The client has changed the battery or opened the device and is unable to prove that the seals were correctly positioned, as described in the procedures
• The Product has been damaged by abuse, negligence, lack of care, accident, or misuse
• The Product has been damaged by any natural disaster, including fire, floods, tornadoes, earthquakes, hurricanes, heavy snow, lightning, riots, insurrections, acts of war, or any other disaster
• The product was used at temperatures below 7°C, as recorded on our servers
• The product, particularly connected water analyzer products, was used outside the recommended usage case (see 10.2)

CTAC-TECH does not guarantee that the use of the product will be error-free or uninterrupted or that the product will always process data correctly.

11. LIMITATION OF LIABILITY

CTAC-TECH is only subject to a best-effort obligation regarding the quality of the Products and Services provided.

The Client acknowledges and agrees that CTAC-TECH cannot be held responsible for any direct or indirect damage, including but not limited to, loss of profits, damage to the pool (such as discoloration of a liner), loss of data, or any other loss of intangible property (even if CTAC-TECH has been informed of the possibility of such damage) that may arise from the use or inability to use the Products and Services. It should be noted that the associated service provides information and data related to the measurements taken by Flipr. Without prejudice to the generality of the above disclaimers, all information is provided for the convenience of the client, 'as is'. CTAC-TECH does not make any claim or guarantee that the information and data will be accurate or reliable. The use of the information or data is at the client's discretion and risk. CTAC-TECH cannot be held responsible for any loss or damage resulting from the use of information related to the product, services, or the product itself.

Similarly, CTAC-TECH cannot be held responsible for damage resulting from the loss, alteration, or deletion of elements and/or documents or from unauthorized access to confidential data, the accidental transmission of viruses or other harmful elements through the Services. In this regard, the Client is informed that some Services may present a risk of third-party intrusion into the Client's system, and it is up to the Client to take all appropriate measures to protect their data and software against such intrusions and any contamination by viruses.

The liability of CTAC-TECH, whether tortious or contractual, cannot be engaged for acts due to force majeure, accidental events, or the actions of a third party or the victim of the damage. The Client acknowledges that technical failures and problems concerning hardware, software programs, the telephone network, or the Internet constitute an accidental event.

Without limiting the scope of other provisions of these General Conditions, the liability of CTAC-TECH, if engaged, regardless of the cause or form of the action, cannot exceed, all damages combined, the amount of the disputed service invoiced to the Client.

12. AFTER-SALES SERVICE

CTAC-TECH offers after-sales service for its devices and accessories.

Under the warranty regime, the diagnosis is carried out by our customer support agents or our technical workshop. CTAC-TECH agents are the only ones authorized to decide on the intervention. If the legal and/or manufacturer’s warranty expires during the period following the intervention and/or part replacement, the warranty on the intervention and/or part will be ensured for a maximum of 90 clear days. For example: In the case of a battery replacement under warranty on June 1 with a product warranty ending on July 1, the intervention and/or the "battery" part will be warranted until August 30.

CTAC-TECH offers an after-sales service for any repair not covered by the warranty or requested after the legal, manufacturer, and extension warranty periods. Only technical services provided by CTAC-TECH or its authorized "after-sales service" partners are covered by the legal, manufacturer, or extension warranty. Intervention by an unauthorized third party would immediately void all warranties.

Each intervention will first result in the issuance of a quote including parts, labor, and shipping costs. The client must approve the quote in writing (signature) and pay for the service before implementation.

At the end of the service, CTAC-TECH will provide the client with an invoice. The services are guaranteed for a maximum of 90 clear days.

13. PARTIAL NULLITY

If any provision of these General Terms and Conditions of Sale is declared null and void by a competent court or in light of a law or legislation, the nullity of said provision will not affect the validity of the other provisions, which will remain in force and effective.

14. CONSUMER MEDIATION

If a dispute arises and cannot be resolved directly with our customer service, you have the right to resort to a consumer mediator free of charge.

To do so, you can contact the mediator (Sas Médiation Solution, 222 chemin de la bergerie, 01800 Saint Jean de Niost, https://www.sasmediationsolution-conso.fr,  +33(0)4 82 53 93 06, contact@sasmediationsolution-conso.fr). You have one year from your initial complaint to refer to the mediator.

This process is voluntary and confidential and suspends the legal prescription periods. In the event of failed mediation, the parties are free to take the matter to the competent courts.

 

15. Shipping, Transport, and Delivery

15.1. Delivery Terms

15.1.1.

Once the package leaves our logistics center, the terms and conditions of sale (T&Cs) of the selected carrier become the only ones applicable to the delivery. Flipr disclaims any responsibility for delays, conditions, or any damages related to the transport once the package has left our center.

15.1.2.

Flipr is committed to providing the customer with all necessary information regarding the carrier, including delivery tracking information.

15.2. Package Preparation

15.2.1.

Package preparation is completed at 12:00 CEST on each business day. Orders placed after this time will be processed the next business day, which may result in an additional day in delivery time.

15.2.2.

Flipr cannot be held responsible for preparation delays or additional transport delays caused by these schedules. Estimated delivery times are indicated at the time of ordering.

15.3. Customer Responsibility

15.3.1.

It is the customer's responsibility to read the T&Cs of the chosen carrier.

15.3.2.

We strongly recommend that the customer carefully consult these to understand the terms and conditions governing the delivery of their package. Flipr cannot be held responsible for any failure by the customer to comply with these conditions.

15.4. Delivery Receipt

15.4.1.

The customer is required to check the condition of the package upon receipt.

15.4.2.

Any reservations or observations of anomalies (damaged package, missing or deteriorated product, etc.) must be clearly stated on the delivery note at the time of delivery.

15.4.3.

According to European legislation, the customer has a period of fourteen (14) days to notify Flipr of any anomalies or non-conformities to allow for the implementation of applicable legal guarantees.

15.5. Delivery Issues

15.5.1.

In the event of a delivery problem, the customer must contact the carrier first to resolve any disputes.

15.5.2.

Flipr is available to assist the customer in their efforts. If resolution with the carrier fails, the customer may contact Flipr for additional support.

15.6. Limitation of Liability

15.6.1.

Flipr cannot be held responsible for losses, theft, or damages to products after they have been taken over by the carrier.

15.6.2.

The delivery times communicated are indicative and not guaranteed; any delay, whether related to preparation or transport, cannot give rise to compensation or cancellation of the order, except as otherwise provided by applicable legislation.

15.7. Delivery Tracking

15.7.1.

The customer can track the status of their delivery using the tracking number provided by the carrier.

15.7.2.

Flipr advises monitoring the tracking closely to avoid any issues during delivery. All relevant tracking information is provided to the customer as part of their order.

 

16. ABUSIVE USE OF THE MEDIATION SERVICE 

16.1. Purpose

This article aims to inform our clients of the introduction of fees in the case of abusive solicitation of the consumer mediator. This measure is intended to ensure responsible and legitimate use of the mediation service, in accordance with current laws and regulations.

16.2. Definition of Abusive Solicitation

Abusive solicitation of the consumer mediator is defined as any mediation request that is manifestly unfounded, excessively repeated, vexatious, or made in bad faith. Cases of abusive solicitation include, but are not limited to:

• Repeated requests without legitimate reason: Repeatedly soliciting the mediator when an acceptable amicable solution has already been proposed and refused without valid reason.
• Manifestly erroneous or distorted facts: Requests based on false, distorted, or incomplete information.
• Deliberate obstruction: Mediation attempts solely aimed at delaying or hindering the resolution of the dispute.
• Vexatious behavior: Using mediation to harass or inconvenience the company, including requests made aggressively or insultingly.
• Multiplication of unfounded requests: Submitting multiple mediation requests concerning the same dispute without providing new relevant elements.
• Strategic use: Resorting to mediation for strategic reasons unrelated to dispute resolution, such as obtaining an undue advantage or exerting undue pressure.
• Lack of cooperation: Systematic refusal to cooperate with the mediator or provide necessary information for mediation.
• Non-compliant requests: Soliciting mediation for disputes not within the scope of consumer mediation.
• Excessive recourse to mediation: Frequently and disproportionately soliciting the mediator for minor or already resolved disputes.
• Non-compliance with deadlines: Submitting mediation requests after reasonable or legal deadlines without valid justification.

16.3. Conditions for Applying Fees

16.3.1. Amount of fees: In the case of abusive solicitation, a fee of €78 including VAT (€65 excluding VAT) will be charged to the client, corresponding to the processing cost by the mediator.

16.3.2. Legal compliance: These fees are applied in accordance with Article L. 612-3 of the Consumer Code, which allows the charging of fees for abusive, unfounded, or bad faith requests. This provision aims to protect the resources of the mediation service and encourage responsible behavior.

16.4. Billing Procedures

16.4.1. Billing: The fees will either be deducted from any refunds due to the consumer or payable upon receipt of the invoice, as applicable.

16.4.2. Recourse: In case of dispute over the billing, the consumer can submit their observations in writing, which will be reviewed by our legal department within 60 days.

16.4.3. Consequences of non-payment: In case of non-payment of the fees within the given timeframe, the consumer's user account will be deactivated on the application, online store, and support portal until payment is made.

16.5. Company Commitment

Our company is committed to promoting and facilitating the amicable resolution of disputes with our clients. Resorting to mediation should remain a last resort tool when all other resolution attempts have failed. We remind you that our customer service is available for any questions or complaints before considering contacting the mediator.

Thank you for your understanding and cooperation in maintaining harmonious and respectful relationships.

17. APPLICABLE LAW AND JURISDICTION

CTAC-TECH is a French company, and the applicable law is French law. All contractual relations, terms, and conditions are governed by the laws of France.

Please note that specific conditions related to the European market, such as withdrawal rights and returns, apply only to clients within the European Community.

For clients outside the European Community, different terms may apply, and it is the responsibility of these clients to ensure compliance with their local laws and regulations.

By using our products and services, you agree to the exclusive jurisdiction of the courts located in France for any disputes arising from or related to these terms and conditions.

18. SPECIAL TERMS

18.1. Deferral of warranty during the winter of 2024-2025

For any order including the ‘flipr analysR 3 Plus’ (alone, as trade-in/switch or in a pack), placed between 8 October 2024 and 31 March 2025, and delivered in a European Community country, the start of the guarantee period will be postponed until 1 April 2025, or until the date when the ‘flipr analysR 3 Plus’ is put into service, if earlier than 1 April 2025.

18.2. Extended guarantee on the battery charge during the winter of 2024-2025

For any order including the ‘flipr analysR 3 Plus’ (alone, as trade-in/switch or in a pack) or the ‘flipr battery kit’, placed between 8 October 2024 and 31 March 2025, and delivered in a European Community country, the battery charge will be guaranteed until 1 April 2026. Thus, if the battery is discharged before 1 April 2026, and the corresponding flipr analyser has been subjected to standard conditions of use throughout the period (not exposed to water temperatures of 7°C or less, and ‘boost’ mode not used for more than 50 measurements in total), then a new battery will be sent free of charge to replace the discharged battery.

18.3. Acceptance of Oney's Terms and Legal Notice

• The General Terms and Conditions of Sale for Oney customers

• Oney’s Legal Notices

18.4. Referal Program

CTAC Tech offers a referral program allowing Flipr customers to refer new clients. This program is entirely discretionary and may be modified, suspended, or terminated at any time by CTAC Tech without prior notice.

All Flipr customers are assigned a referral coupon that can only be used by new customers or customers who have never made a purchase on the site. This coupon provides the referred customer with a discount, applicable to an order that meets a specified minimum purchase amount. The referral coupon cannot be used by the sponsor on their own account or on accounts that have already placed an order.

When a referred customer uses a referral coupon to make a purchase, the sponsor is notified of this purchase and of a gift card they may receive 15 days after the order. This delay is in place to account for any cancellations, refunds, or fraudulent behaviors. Once this period has passed, and subject to validation by CTAC Tech, the sponsor will receive a gift card corresponding to a percentage of the referred customer’s order amount, as per the applicable terms. The validity period of this gift card will be determined by the system.

The referral program is managed by an automated system. However, CTAC Tech reserves the right, at any time and at its sole discretion, to refuse to apply a discount or issue a gift card in the event of suspected fraud, abuse, or non-compliant behavior. CTAC Tech also reserves the right to revoke referral privileges or exclude any participant, whether sponsor or referred customer, in cases of abusive or fraudulent use of the program, fictitious orders, self-referrals, or any activity that may harm the image or reputation of Flipr. This includes, but is not limited to, defamatory publications or comments on social media, public platforms, or any other online or offline space. Decisions made by CTAC Tech regarding the cancellation or non-issuance of discounts or gift cards as part of the program are final and cannot be contested.

The cancellation or full or partial refund of an order made using a referral coupon will automatically result in the cancellation or non-issuance of the gift card for the sponsor. If an order made by the sponsor using a gift card from the referral program is canceled or refunded, CTAC Tech will refund only the amounts effectively received. Gift cards used for these orders will not be recredited.

Purchases made using gift cards will display the total amounts, including indicative VAT. However, the actual VAT accounted for will correspond exclusively to the payments effectively received.

CTAC Tech shall not be held responsible in cases where referred customers’ purchases are not properly identified by the system, automated errors prevent the allocation of discounts or gift cards, or gift cards or discounts cannot be used due to circumstances beyond CTAC Tech’s control. Manifest errors may be corrected, but CTAC Tech reserves the right to refuse any unjustified or abusive claims.

CTAC Tech reserves the right to modify, suspend, or terminate the referral program at any time, without prior notice. Any changes will take effect immediately upon publication of the updated terms and conditions on the Flipr website.

Article 18.5: Fraud Prevention and Device Deactivation

(Added on: December 18, 2024)

1. Device Identification and Customer Responsibility

Each Flipr device is equipped with a unique serial number, which allows for its identification and association with the registered customer account. Customers are required to provide accurate and verifiable information when requesting after-sales services or repairs.

2. Fraud or Attempted Fraud

Flipr defines fraud as any deliberate act to obtain undue benefits, including but not limited to:

• Presenting a falsified invoice or an invoice belonging to another individual to claim warranty coverage;

• Providing false or misleading information during a request for repair, exchange, or reimbursement.

In cases of confirmed fraud or attempted fraud, Flipr reserves the right to:

• Suspend or deactivate the functionality of the implicated device remotely, without compensation or prior notice;

• Claim reimbursement for any undue costs incurred by Flipr as a result of the fraudulent action;

• Initiate legal proceedings to recover damages resulting from the fraud.

3. Corrective Measures

In the event of a device deactivation due to fraud, Flipr will notify the customer by email or postal mail. The deactivation may be reversed once the issue has been resolved, particularly upon payment of the applicable costs.

4. Penalty Clause

Any confirmed fraud will result in a penalty corresponding to the administrative and technical costs incurred by Flipr for handling the fraudulent activity. This penalty is set at the amount required for restoration at the time of the incident.

5. Protection of Flipr’s Rights

Flipr reserves the right to retain and use data related to device identification to prevent and detect fraudulent activities, in full compliance with applicable laws, including data protection regulations (GDPR).

Article 18.5: Loyalty Program

CTAC Tech offers the “BackFlipr: Waves of Loyalty, Waves of Savings” loyalty program to reward Flipr customers for their purchases and engagement. Participation in the program is entirely discretionary, and CTAC Tech reserves the right to modify, suspend, or terminate the program at any time without prior notice.

1. Eligibility and Enrollment

Participation in the loyalty program is open to all Flipr customers who register on the Flipr website and agree to these terms. Enrollment is automatic upon account creation. CTAC Tech reserves the right to exclude or remove participants at its sole discretion and without justification.

2. Earning Points (“Waves”)

Points, referred to as “Waves,” are awarded based on qualifying purchases, specific actions, or promotional offers as determined by CTAC Tech. The criteria, earning rates, and terms may be updated or changed at any time without prior notice. Points are personal, non-transferable, and cannot be exchanged for cash.

3. Using Waves

Waves can be redeemed for rewards, including discounts or gift cards, subject to availability and program rules. Redemption thresholds, expiration dates, and eligible rewards are determined solely by CTAC Tech and may change without notice. CTAC Tech reserves the right to cancel or modify any reward or gift card at its discretion.

4. Best-Effort Basis

Participation in the loyalty program is provided on a best-effort basis. CTAC Tech is not liable for technical errors, delays, omissions, or system failures that may impact the ability to earn or redeem Waves, or for any loss of Waves resulting from such issues. Customers waive all claims against CTAC Tech related to any disruptions or errors in the loyalty program.

5. Program Abuse and Participant Conduct

CTAC Tech reserves the right to monitor all customer accounts and activities for compliance. Any abuse or misuse of the program, including but not limited to:

• Fraudulent transactions or fictitious orders.

• Disrespectful behavior toward support agents.

• Defamatory comments or public denigration of Flipr on social media or other platforms.

• Any behavior deemed inappropriate by CTAC Tech.

CTAC Tech may, at its sole discretion, take any of the following actions:

• Cancel accumulated Waves or rewards.

• Exclude participants from the program.

• Suspend or terminate accounts without notice or compensation.

6. Program Modifications and Termination

CTAC Tech may modify, suspend, or terminate the loyalty program at any time, for any reason, without prior notice. This includes, but is not limited to, changes in point-earning rules, redemption thresholds, or available rewards. Continued participation constitutes acceptance of updated terms.

7. Disclaimers and Liability

CTAC Tech assumes no responsibility for:

• Technical errors, malfunctions, or system outages affecting the program.

• Inability to earn or redeem Waves due to circumstances beyond CTAC Tech’s control.

• Loss or cancellation of Waves or rewards.

CTAC Tech shall be the sole authority in handling disputes related to the loyalty program. Customers agree that any disputes must be resolved directly with CTAC Tech, and no external arbitration or legal action may be initiated, provided such a condition is not in violation of applicable laws. All decisions made by CTAC Tech are final and binding.

8. Governing Authority

CTAC Tech retains full authority to manage and resolve all matters related to the loyalty program, including disputes. Customers agree that CTAC Tech’s decisions are definitive, non-contestable, and made in good faith within the boundaries of applicable law.

By participating in the loyalty program, customers acknowledge and accept these terms and conditions, including CTAC Tech’s authority to manage, modify, and resolve any issues related to the program.

Article 18.6: International Customers and Use of Freight Forwarders

Customers who purchase products from Flipr while located outside France do not pay taxes or VAT on their purchase at the time of checkout, unless otherwise stated. Taxes, duties, and VAT are not covered by CTAC Tech and may be due upon arrival in the destination country, payable to the carrier or local authorities.

Similarly, customers using freight forwarders or third-party services (such as Shop and Ship) may also be subject to additional taxes or duties, which remain the sole responsibility of the customer.

1. Responsibility for Taxes and Duties

• Taxes, duties, and VAT applicable in the destination country are the responsibility of the customer.

• Failure to pay these charges may result in additional costs incurred by CTAC Tech for shipping, returns, duties, or other fees. These costs will be deducted from any potential refund to the customer.

2. Refusal of Delivery Due to Unpaid Taxes

• If a customer refuses delivery because they decline to pay the required taxes or duties, this will be deemed the customer’s responsibility.

• In such cases, the customer will bear all associated costs, including return shipping fees, duties, and any administrative charges incurred by CTAC Tech.

3. Package Destruction by Authorities or Carriers

• If the package is destroyed by customs authorities or the freight forwarder due to the customer’s refusal to pay taxes, duties, or other applicable charges, the customer will not be entitled to a refund for the product.

4. Returns Related to Tax and Duty Refusals

• If the product is returned to CTAC Tech because the customer declined to pay taxes or duties, all associated costs, including return shipping, duties, and administrative fees, will be charged to the customer.

5. Customer Responsibility for Freight Forwarders

• Customers who use freight forwarders accept full responsibility for ensuring proper payment of taxes, duties, and other applicable charges. CTAC Tech cannot guarantee delivery or refund products lost, damaged, or destroyed due to the actions or inactions of a freight forwarder.

By purchasing from Flipr and using international shipping or freight forwarding services, customers agree to these terms and accept full responsibility for complying with local tax and duty requirements.

18.7 Promotional Codes

Promotional codes, whether distributed by Flipr, its agents, or via automated systems, are governed by specific rules and conditions that may be subject to change without prior notice. These codes may include restrictions such as minimum order value, usage limits, validity periods, applicable products, or discount amounts.

Flipr reserves the right to modify, suspend, or cancel any promotional code at any time, including changing the amount or conditions of the discount, the order thresholds, or the number of times a code can be used. These modifications may occur automatically through our systems and may result in a promotional code being inactive or offering different conditions than previously communicated.

Customers acknowledge that the availability or application of a promotional code is not guaranteed. No claim, refund, compensation, or retroactive discount will be granted in the event a promotional code does not function, is rejected by the system, or offers different terms than expected.