GENERAL RENTAL TERMS AND CONDITIONS

PREAMBLE

These general rental terms and conditions (hereinafter the "General Terms" or "General Rental Terms and Conditions" or "GRTC") apply to any long-term rental (hereinafter the "Rental") entered into by a consumer, non-professional, or professional customer (hereinafter the "Customer") with OJA, a SAS (simplified joint-stock company) with share capital of 15,000 euros, registered with the Trade and Companies Register (RCS) under number B 790 967 863, with its registered office located at 13 rue de la Monette, 59710 Avelin, Tel +33 3 66 88 17 85; (hereinafter the "Merchant").

These General Rental Terms and Conditions are intended to govern the long-term rental of the Equipment by the Customer from the Merchant.

IMPORTANT

Any Rental entered into through the Site necessarily implies the Customer's unreserved acceptance of these General Rental Terms and Conditions (GRTC).

1- Definitions

The terms used below have, for the purposes of these General Rental Terms and Conditions, the following meaning:

"Additional Accessory": refers to the additional Equipment offered to the Customer by the Merchant in addition to the Rental;

"Equipment": refers to all of the Equipment offered for Rental by the Merchant on the Merchant's Site: reverse osmosis systems and water softeners.

"Breakage": refers to the deterioration and/or damage to the Equipment, arising from an accident, mishandling, or negligence on the part of the Lessee or a third party, impairing its proper operation, without resulting in the destruction of the Equipment. Breakage may be repaired by the third party designated for that purpose by the Lessor, unlike the partial or total destruction of the Equipment.

"Customer": refers to the Merchant's co-contracting party who subscribes to a Rental on the Merchant's Site. The Customer is either a natural person acting for purposes outside their commercial, industrial, craft, professional, or agricultural activity; or a legal entity not acting for professional purposes;

"Rental": refers to the rental of Equipment by a Customer from the Merchant;

"General Rental Terms and Conditions" or "General Terms": refers to these general rental terms and conditions governing the rental of Equipment by the Customer from the Merchant.

"Rental Agreement": refers to the long-term rental agreement for the Equipment entered into between the Customer and the Merchant, formed by the Parties' acceptance and signature of the General Rental Terms and Conditions.

"Manufacturer": the company responsible for the design and manufacture of the Equipment.

"Credentials": refers to the Customer's email address and password, required to access their Customer Account.

"Rent": refers to the price, inclusive of tax, owed monthly by the Customer to the Merchant in consideration for the Rental of the Equipment via the Merchant's Site

"Delivery": refers to the first presentation of the rented Equipment by the Customer at the delivery address provided when the Rental Agreement was entered into, or the collection of the rented Equipment by the Customer from the Merchant's warehouse.

"Merchant": refers to the person offering its Equipment to the Customer for rental under these General Rental Terms and Conditions;

"Negligence": refers to the unintentional fault resulting from a lack of care, attention, vigilance, or diligence on the part of the Customer with regard to the Equipment.

"Breakdown": refers to malfunctions of the Equipment's primary and secondary functions, preventing its normal use and originating from an electrical, electronic, electromechanical, or mechanical phenomenon internal to the Equipment, and which does not result from liquid oxidation or an accidental or careless fall. It is not unforeseen, sudden, or fortuitous in nature and does not constitute a hidden defect or manufacturing non-conformity within the meaning of the provisions of the Civil Code and the Consumer Code.

"Parties": refers collectively to the Customer and the Merchant.

"Collection of the Equipment": refers to the collection of the Equipment by the Merchant or the Carrier at the end of the Rental.

"Additional Services": refers to the services provided by the Merchant to the Customer in addition to the Rental, as defined in the Appendix.

"Site": refers to the Merchant's website accessible at the following address: www.josmose.fr

"Territory": refers to Metropolitan France.

"Carrier": refers to the carrier designated by the Merchant to carry out Delivery and/or Collection of the Equipment.

"Normal wear": the gradual deterioration of the Equipment, or of one or more of its component parts, resulting from use in accordance with the instructions in the Manufacturer's user and maintenance manual.

" Abnormal wear": refers to premature or unusual wear resulting in particular from use of the Appliance (or of one or more of its component parts) that does not comply with the instructions in the Manufacturer's user and maintenance manual.

2- Purpose

The purpose of the General Rental Terms and Conditions is the long-term rental of the Equipment by the Merchant to the Customer via the Merchant's Site.

The General Rental Terms and Conditions are not subject to the consumer credit regulations provided for by the Consumer Code.

3- Acceptance of the General Rental Terms and Conditions

The Customer undertakes to read the General Rental Terms and Conditions carefully, to expressly accept them and sign them (by means of a checkbox), before subscribing to a Rental.

The General Terms are referenced at the bottom of each page of the Site by means of a link available at the following address www.josmose.fr/content/conditions-generales-de-location, and must be consulted before subscribing to the Rental. The Customer is invited to read them carefully, to download them, and to keep them on a durable medium, and to keep a copy of them.

The Merchant advises the Customer to read the General Rental Terms and Conditions each time they take out a new Rental, with the latest version of these Terms applying to any new Rental of Equipment.

By clicking the "Add to cart" button to subscribe to the Rental and then the second "order" button to confirm said Rental, the Customer acknowledges having read, understood, and accepted the General Rental Terms and Conditions without limitation or condition.

4- Customer Eligibility for Rental

To rent Equipment from the Site, the Customer must meet all of the conditions and/or criteria set out in these General Rental Terms and Conditions, and in particular the eligibility conditions detailed below.

4.1. Legal capacity

In order to rent Equipment, the Customer must:

• be at least eighteen (18) years of age and have legal capacity, for a consumer;
• not be subject to an ongoing over-indebtedness plan, for a consumer;
• be represented by a person duly authorized by the non-professional and/or professional Customer to subscribe to a Rental;
• be duly incorporated and registered with the Trade and Companies Register, for a non-professional and/or professional;
• be up to date with its social security and tax contributions, for a non-professional and/or professional.

4.2. Customer status

In order to rent Equipment from the Site, the Customer must provide proof of their status as a consumer, non-professional, or professional (as applicable).

• The Customer is a consumer or non-professional

As such, the Customer warrants that they have the status of consumer or non-professional as defined by French regulations and case law. In particular, the Customer warrants that they are:

either a natural person acting for purposes outside their commercial, industrial, craft, professional, or agricultural activity.

or a legal entity not acting for professional purposes.

• The Customer is a professional

As such, the Customer warrants that they are acting within the scope of their professional activity and do not have the status of consumer as defined by French regulations and case law.

Professional Customers expressly acknowledge that the specific conditions applicable solely to consumer and non-professional customers, in particular the right of withdrawal or the legal guarantee of conformity, do not apply to them and that they may not therefore rely on them.

Pursuant to Article 22 of European Regulation 2016/679 of 27 April 2016 "on the protection of natural persons with regard to the processing of personal data and on the free movement of such data" (the "GDPR"), the Customer acknowledges that this check is necessary for the proper performance of these General Rental Terms and Conditions.

For more information on the data processing carried out as part of this check and to exercise their rights, the Customer is invited to consult Article 19 "Personal Data" of these Terms.

5- Rental Procedure

• Equipment Characteristics

The Merchant undertakes to present, in a clear, legible, and understandable manner, the essential characteristics of the Equipment and the mandatory information the Customer must receive under French and European legislation, and to verify its accuracy.

These characteristics and information appear on the Equipment data sheets available on the Merchant's site.

These data sheets include, in particular, the description, format, characteristics, references, and usage recommendations for the Equipment.

The Customer undertakes to read this information carefully before subscribing to a Rental on the Merchant's Site.

The Customer must read carefully the various warnings appearing on the data sheets describing the Equipment, and in particular the various usage recommendations, before subscribing to a Rental.

The Customer must use the Equipment in accordance with the instructions for use, and in keeping with its intended purpose.

All Equipment rented by the Customer via the Merchant's Site complies with applicable European legislation and with the standards applicable in Metropolitan France.

• Rental Procedure

Any Rental must be subscribed to on the Site. To begin subscribing to a Rental, the Customer must follow the steps described below.

The Customer must select the Equipment of their choice on the Site by clicking on the relevant Equipment and choosing the options relating to the desired product(s) (quantity, color, format, etc.).

The Customer must select the options relating to the service for the desired product(s) (monthly payment, delivery service, commitment period)

Once the Equipment has been selected and configured, the Customer can begin the Rental subscription process by clicking the "ADD TO CART" button.

The rest of the procedure is identical to that for the purchase of a product in a single payment. (see General Terms and Conditions of Sale - "5.1. How do I place an order?")

Validation of the Rental Request

Once the Equipment has been selected, the Customer must check that the information provided is correct (including the quantity, characteristics, and references of the desired Equipment, the amount of the Rent, and the duration of the Rental) before validating the Rental request.

Once the Customer has verified the content of their request, they will be asked to provide the details of the bank account or payment method used to pay the Rent, and to confirm the Rental. An online form will then be displayed, automatically completed and summarizing all of their personal information, on which they can enter their billing information and payment method: IBAN number or credit card (depending on the payment methods accepted by the Merchant), before proceeding to pay the first Rent.

The amount of the first Rent payment may be increased at the Merchant's discretion. It will include the first month's rent, to which are added the Delivery costs, the price of any Accessories or Additional Services payable in one (1) installment, and possibly an additional amount by way of a down payment.

• Acknowledgment of Receipt

A copy of the acknowledgment of receipt of the Rental request is automatically sent to the Customer at the email address provided by the Customer when creating their Customer Account.

It is specified that the summary of the Rental request, as well as the confirmation email, may be kept and printed by the Customer.

• Additional Documents

At the Merchant's request, an email may be sent to the Customer requesting additional documents to help finalize the review of their rental request: in this case, additional documents such as valid proof of identity, the most recent tax notice, and the most recent payslip may be requested for a consumer or non-professional, and the SIREN number, proof of identity of the legal representative, a KBIS extract less than 3 months old, or the company's bank details (RIB) may be requested for a professional.

These documents must be sent via the upload form link provided in the email.

• Billing and Delivery

During the Rental subscription process, the Customer must enter the information required for billing (the (*) sign indicates the mandatory fields that must be completed in order for the Customer's Rental request to be processed by the Merchant).

The Customer must, in particular, clearly indicate all information relating to Delivery, in particular the exact Delivery address, as well as any access code for the Delivery address.

Neither the Rental request submitted online by the Customer, nor the acknowledgment of receipt of the request sent by the Merchant to the Customer by email, constitutes an invoice. The Customer will receive invoices directly in their Customer Account.

Date of the Rental request and Delivery time

The date of the Rental request is the date on which the Merchant acknowledges receipt of it online. The Delivery times indicated on the Site only begin to run from that date.

The Merchant undertakes to deliver the Equipment on the date or within the time indicated to the Customer, unless the Parties have agreed otherwise.

• Availability of the Equipment

The unavailability of an item of Equipment is indicated on the page for the Equipment concerned.

In any event, if unavailability was not indicated at the time of the Rental request, the Merchant undertakes to inform the Customer without delay if the Equipment is unavailable.

In the event that an item of Equipment is unavailable, the Merchant may, if the Parties agree, offer alternative Equipment of equivalent quality and price, accepted by the Customer.

If the consumer or non-professional Customer decides to cancel their Rental request for one or more unavailable items of Equipment, they will obtain a refund of all amounts paid for the unavailable item(s) of Equipment no later than fourteen (14) days after the date on which the Rental was cancelled.

• Additional Accessories

As part of the Rental, the Merchant may offer the Customer the opportunity to purchase Additional Accessories.

The purchase of Additional Accessories by the Customer is governed by the Merchant's general terms and conditions of sale, which are appended hereto. The Customer is informed that the purchase of Additional Accessories implies unreserved acceptance of the General Terms and Conditions of Sale in Appendix 4.

It is expressly agreed that the Additional Accessories will remain the property of the Customer upon expiry of the Rental.

• Additional Services

In addition to the Rental, the Customer may also subscribe to Additional Services provided by the Merchant.

These Additional Services, as well as the conditions relating to subscribing to them, are detailed in Appendix 5 and on the Site, if applicable.

Depending on the Additional Service selected, the Customer must pay the price of said Service:

In one (1) installment. In this case, the price of the Additional Service will only be included in the price of the first Rent payment;

Monthly. In this case, the price of the Additional Service will be included in the price of each Rent payment.

6- Rental Term

The Rental Agreement is entered into under one of the plans offered on the Site on the day of subscription:

6.1. Rental with commitment

The Agreement is entered into for a fixed initial term of twelve (12), twenty-four (24), or thirty-six (36) months, depending on the plan chosen by the Customer upon subscription (hereinafter the "Initial Term").

The starting point of the Rental is the date on which the Equipment is Delivered to the Customer.

During the Initial Term, the Agreement may not be terminated by the Customer before its expiry, except in the cases expressly provided for herein, and in particular in the article "Termination of the Rental Agreement".

At the end of the Initial Term, the Agreement is tacitly renewed for an indefinite term, unless terminated by either Party under the conditions provided for in these General Terms.

After the Initial Term, the Agreement may be terminated at any time by the Customer or the Merchant, without having to provide a reason, by email sent to the other Party. Termination takes effect on the date of actual return of the Equipment when initiated by the Customer, subject to payment of any amounts owed under the Agreement.

6.2. Rental without commitment

The Agreement is entered into with no minimum commitment period. The starting point of the Rental is the date on which the Equipment is Delivered to the Customer.

The Agreement may be terminated at any time by the Customer, without any termination penalty, subject to the return of the Equipment under the conditions provided for in these General Terms.

6.3. Return of the Equipment

The Customer's obligations under the Agreement, and in particular payment of the Rent, continue until the Equipment is actually returned to the Merchant or to any third party authorized by the Merchant.

In the event of non-return of the Equipment or non-compliant return, the Customer remains liable for the amounts provided for in the Agreement and the compensation provided for in Appendix 1.

7- Delivery

The Customer has freely chosen, under their own responsibility, the Manufacturer and the type of Equipment offered for Rental by the Merchant.

The acceptance and signature of the General Rental Terms and Conditions (by means of a checkbox) by the Customer and the Delivery of the Equipment to the Customer determine the starting point of the Rental and the transfer to the Customer of custody of the item. Accordingly, the starting point of the Rental must be the day on which the Equipment is made available to the Customer. This can only occur provided that the General Rental Terms and Conditions between the Merchant and the Customer have been accepted by the Parties.

In accordance with its legal obligations, the Merchant undertakes to deliver Equipment that complies with the terms of the General Rental Terms and Conditions. The Equipment will be packaged by the Merchant with the necessary care, in accordance with applicable transport standards, in order to guarantee maximum protection during Delivery. The Customer undertakes to comply with the same standards when returning the Equipment at the end of the Rental, under the conditions set out in Article 11.1 hereof.

The terms of Delivery of the Equipment are set out in the "Delivery Policy" referred to in Appendix 2 hereof.

8- Equipment and modification of the item

The rented Equipment is delivered with the Manufacturer's and/or Distributor's standard equipment, and may be supplemented with removable options or accessories.

As part of the Rental, the Merchant may offer the Customer the opportunity to purchase Additional Accessories for the rented Equipment.

With the exception of Additional Accessories, which will remain the property of the Customer upon expiry of the Rental, all equipment or accessories installed on the Equipment during the term of the Rental Agreement become, at the end of the Agreement, regardless of the cause, the property of the Merchant, with no compensation payable by the Merchant, subject to the Customer's right to remove them at their own expense while restoring the Equipment to its original condition, or the Merchant's right to require their removal and the restoration of the Equipment to its original condition at the Customer's expense.

9- Transfer of ownership and transfer of risk

• Transfer of Ownership

These General Rental Terms and Conditions do not entail any transfer of ownership of the Equipment to the Customer. The Customer, if a legal entity, will have the right to make the rented Equipment available to its employees and agents. Accordingly, the Customer acknowledges that they may not sublet or sell the Equipment, which does not belong to them.

• Transfer of risk

Delivery of the Equipment transfers the risk of custody of the Equipment to the Customer, until Collection of the Equipment by the Merchant or the Carrier.

From the time the Equipment is Delivered, the Customer is therefore solely responsible for the use of the Equipment by themselves and/or by their agents and employees in the case of a legal entity.

In particular, the Customer has custody, control, and enjoyment of the Equipment from the time of Delivery. The Customer is solely responsible for all damage caused to the Equipment, excluding any damage caused by the Equipment or the Merchant. The Customer is financially responsible for any loss, theft, partial damage, or total destruction of the Equipment, its original accessories, and equipment, in accordance with the terms of the Rental Agreement, in particular Appendix 1 thereof.

10- Ownership of the Equipment and Conditions of Use

The Equipment and its accessories remain the exclusive and absolute property of the Merchant. The Customer is prohibited from transferring the Equipment, whether for consideration or free of charge, subletting it, making it permanently available to a third party, pledging it, or encumbering it as security in any way whatsoever.

The Customer must comply with applicable regulations.

The Merchant disclaims all liability that may arise from the Customer's failure to comply with legal and regulatory provisions. The Customer undertakes to pay without delay any fines, legal costs, or other costs incurred as a result of the use of the Equipment, so that the Merchant cannot in any way be held liable or troubled in this respect. Where the Merchant has had to pay the above amounts on behalf of the Customer, the Customer is required to reimburse the Merchant for them.

In the event of any measures whatsoever, in particular administrative or judicial, not attributable to the Merchant, tending to prohibit or simply restrict the use of the Equipment or to infringe the Merchant's property rights, the Customer undertakes to:

• immediately notify the Merchant
• make all objections and take all steps necessary to protect the Merchant's rights,
• obtain, at their own expense, the lifting or removal of such measures.

The Customer undertakes to use the Equipment in accordance with the purpose for which it is designed, in compliance with the Manufacturer's and/or Distributor's recommendations, and to take the necessary care of it throughout the term of the Rental Agreement.

The Customer undertakes to immediately inform the Merchant of any defect or anomaly observed in the Equipment.

11- Maintenance and repair of the Equipment

• Customer

The Customer is required to have the rented Equipment maintained in accordance with the Merchant's recommendations and, accordingly, to carry out routine maintenance and have any repairs made necessary by normal use carried out.

The Customer may not carry out any repair, modification, or adaptation of the Equipment without the Merchant's express prior agreement. The Customer acknowledges that any repair or possible replacement of the Equipment will take place exclusively under the Commercial Warranty.

Any breach of this provision may, where applicable, give rise to additional billing, in particular under the conditions provided for in Appendix 1.

• Merchant

Routine maintenance of the Equipment is included in the Rental. The Merchant undertakes to supply the consumables necessary for the proper operation of the Equipment, in particular:

- filters (annual replacement)

- membranes (based on an estimated lifespan of 2 to 3 years)

12- Rent

• Amount of Rent

The Rent is determined based on the type of Equipment, the Rental Term, and the services chosen by the Customer. The Rent is payable in advance and is debited monthly from the Customer's bank or payment account.

The first Rent payment will include the outbound delivery costs, the price of Additional Accessories or Additional Services payable in a single installment, and, where applicable, a down payment, the amount of which is determined by the Merchant.

The price of subsequent Rent payments is fixed for the entire duration of the Rental (and may change depending on the applicable VAT rate).

The Rent price indicated is valid, barring gross error. The applicable Rent is the one indicated on the Site on the date on which the Rental request is made by the Customer.

For all Equipment, the Customer will find on the Merchant's site the Rent prices displayed exclusive of tax (excl. VAT) and inclusive of all taxes (incl. VAT), as well as the VAT rate.

The incl. VAT prices of the Equipment include, in particular, Value Added Tax (VAT) at the rate in effect on the date of the Rental request.

Any change in the applicable rate may affect the incl. VAT price of the Equipment from the date on which the new rate takes effect.

The applicable VAT rate is expressed as a percentage and applies to the excl. VAT amount indicated.

• Payment methods

The Merchant will decide on the method of payment of the Rent by the Customer: by debit card payment based on the payment information provided during the Rental process.

The Merchant will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the Site.

The Customer guarantees to the Merchant that they hold all authorizations required to use the chosen payment method.

• Payment of Rent

Upon acceptance of these General Rental Terms and Conditions, the Customer will pay the first Rent payment, consisting of:

• the first month's rent, where applicable increased by a down payment, the amount of which is determined by the Merchant.
• Delivery costs, Additional Accessories, or Additional Services payable in one (1) installment;

The Customer is informed that the Rental request will only be shipped upon receipt by the Merchant of the funds corresponding to this first payment (and after acceptance of the Rental request by the Merchant as part of anti-fraud checks).

From the second month of Rental onward, Rent is payable monthly on the anniversary date of receipt of the Equipment, by automatic debit from the bank card in accordance with the payment methods accepted by the Merchant.

• Unpaid Rent

Rent not paid to the Merchant by the Customer by its due date will result in, after formal notice sent by the Merchant and remaining without effect after a period of 10 (ten) days, in addition to the amount due and the obligation to pay the unpaid rent, which remains owed, a penalty equal to 8% of the amount of said unpaid overdue Rent in compensation for the economic harm suffered by the Merchant, without prejudice to the consequences of termination of the Rental agreement that may occur at the end of this same period. Any other amount due and not paid by the Customer will bear interest for the benefit of the Merchant, after formal notice sent to the Customer, at the legal rate in effect from its due date, without prejudice to the consequences of termination of the Rental Agreement.

Should a payment incident occur, the Customer must immediately contact the Merchant's Customer Service in order to pay the Rent by any other valid payment method accepted by the Merchant.

The Customer may not interrupt payment of the rent in the event of unavailability of the Equipment, unless the Customer proves that this unavailability is not due to their fault or negligence, for example if it results from an act of the Merchant, or if the unavailability of the Equipment results from an unforeseeable event, force majeure, or a hidden defect; or if this unavailability results from a non-conformity within the meaning of the legal guarantee of conformity.

In any event, this payment interruption may only take place under the conditions provided for herein, and in particular in Appendix 1 of the General Terms. The Customer is free to take out any insurance necessary if they wish to protect themselves against the consequences associated with the unavailability of the Equipment under the conditions described above, apart from the exceptions authorizing the suspension of rent payment.

13 – Termination of the Rental Agreement

13.1 Termination by the Customer

• Rental with commitment

During the Initial Term, the Customer may request termination of the Rental Agreement at any time, subject to:

- returning the Equipment in accordance with these General Terms;

- and paying the Merchant an early termination penalty equivalent to 100% of the Rent remaining due until the end of the Initial Term.

This penalty is a fixed amount and constitutes a penalty clause intended to compensate for the economic harm suffered by the Merchant.

Termination will take effect on the date of actual return of the Equipment to the Merchant or to any third party authorized by the Merchant.

• After the Initial Term

At the end of the Initial Term, the Customer may terminate the Agreement at any time, without penalty, subject to the return of the Equipment under the conditions provided for herein.

• Rental without commitment

Under a no-commitment plan, the Customer may terminate the Agreement at any time, without penalty, subject to the return of the Equipment.

• Special cases

In the event of theft, loss, or total destruction of the Equipment during the term of the Agreement, the Customer remains liable for:

- all Rent remaining due until the end of the Initial Term;

- as well as compensation corresponding to the residual value of the Equipment.

However, in the event of force majeure, an act attributable to the Merchant, or a duly justified legitimate reason (such as death or extended hospitalization), the Customer or their successors will be exempted from paying the early termination penalty, subject to return of the Equipment or proof of its disappearance.

13.2 Termination by the Merchant

The Merchant may terminate the Rental Agreement automatically, without judicial intervention, after formal notice remaining without effect for a period of ten (10) days, in particular in the event of:

- non-payment of one or more Rent payments;

- failure by the Customer to comply with its contractual obligations.

Termination will be notified by any written means making it possible to prove receipt.

• The Customer must then:

- immediately return the Equipment;

- pay all amounts due;

- pay, where applicable, a penalty equivalent to the Rent remaining due until the end of the Initial Term;

- as well as any compensation provided for in the event of non-return or non-compliant return.

Amounts due become immediately payable upon termination. Any late payment will result in the application of interest at the legal rate in effect.

It is noted that the deliberate failure to return the Equipment may constitute a criminal offense.

14 - Return of the Equipment

• Conditions

The Customer is required to return the Equipment, which is the subject of the Rental, at the end of the Rental Agreement.

The Equipment must be returned together with all of its accessories. It may not be substituted with a different or similar model. Where the Equipment has been replaced or repaired, the provisions of Appendix 1 of the General Rental Terms and Conditions apply.

It is specified that purchased Additional Accessories will remain the property of the Customer at the end of the Rental period and must not be returned to the Merchant.

The Customer undertakes to return the Equipment in optimal condition of cleanliness and in a state of Normal wear corresponding to peaceful enjoyment of the Equipment during the Rental.

• Procedure

A few days before the end of the Rental Agreement (end of the Initial Term, or of each renewal period, or at the end of the Maximum Term), or at the Customer's request if the conditions provided for in this Rental Agreement are met, the Customer will receive instructions by email enabling the technical diagnosis of the Equipment to be carried out, which is necessary for its return.

The Merchant will send the Customer its instructions relating to the collection of the Equipment at the email address provided by the Customer when subscribing to the Rental. Transport costs relating to the collection of the rented Equipment are borne by the Merchant.

The Customer is solely responsible to the Merchant and its service provider for non-receipt of the Equipment or its damage during shipping. It is therefore up to the Customer to protect themselves, by choosing suitable shipping, against being held liable in this respect.

The Equipment must be returned within a maximum of fifteen (15) calendar days following the end date of the Agreement. In the event of force majeure or a legitimate reason, or in the event of an act of the Merchant, the Equipment must be returned within fifteen (15) calendar days following receipt of supporting evidence.

The Customer must return the Equipment in accordance with the packaging and shipping instructions provided in the procedure (the Customer is advised to carefully package the Equipment, returning it in its original box or, failing that, in packaging designed for that purpose). Packaging costs are borne by the Customer. The Customer will be able to track the progress of the return of the Equipment by visiting the URL address previously sent to them.

After the condition of the Equipment has been checked by the third party authorized by the Lessor for that purpose, the Customer will receive an email containing an assessment report on the returned Equipment, making it possible to assess the compliance of the condition of the Equipment with the criteria mentioned in Appendix 7 of the General Rental Terms and Conditions, and, where applicable, the amount of any compensation payable pursuant to the terms of Appendix 1 of the General Rental Terms and Conditions. This assessment report will be sent to the Customer at the email address provided by the Customer when subscribing to the Rental, supplemented where applicable by supporting documents (photos, videos, etc.).

In the event that the Equipment is returned in a partially or totally defective condition, or in the event of incomplete return, the Merchant will charge the Customer for any cost relating to the repair or replacement of the Equipment, which the Customer expressly acknowledges as justified.

The Customer acknowledges that any non-conformities identified upon Collection of the Equipment may give rise to additional billing under the conditions mentioned in Appendix 1 of the General Rental Terms and Conditions.

• Failure to return

At the end of the Initial Term, if the Customer has not returned the Equipment within fifteen (15) days following the end date of the Rental Agreement, the Rental Agreement will be tacitly renewed for successive periods of 1 month, unless cancelled by the Customer, sent to the Company by email at contact@josmose.fr at least 1 month before the expiry of the period concerned.

Once the Agreement has been renewed, it may be terminated at any time by either Party, without having to provide a reason, by email to the other Party, subject to 1 month's notice, without prejudice to the other methods of termination provided for in the Agreement.

If the Merchant has not received the Equipment at the end of the Maximum Term of the Rental Agreement, or in the event of the return of non-compliant Equipment, the Customer must pay the Merchant compensation as provided for in Appendix 1 of the General Terms.

The Customer is reminded that the deliberate failure to return the Equipment may constitute a criminally punishable offense.

Any damage identified upon Collection of the Equipment by the third party authorized for that purpose by the Merchant will be billed to the Customer for the amounts mentioned in the table in Appendix 1 of the General Terms, up to the costs incurred by the Merchant for restoring and recycling the Equipment.

• Return costs

In the event of termination after the commitment period:

Return costs are borne by the Merchant

In the event of a no-commitment rental:

Return costs are borne by the customer

15 - Agreement on evidence and dematerialization of contractual relations

The Customer gives their consent to the use of electronic form for subscribing to and entering into these General Rental Terms and Conditions.

The Parties agree that where electronic means are used in connection with the formation of a contract or the performance of any related contractual relationship, the various documents signed or validated electronically, as well as the exchanges and all electronic technical elements (certificates, timestamps, electronic signature, email, SMS/MMS, etc.) constitute valid evidence that may be relied upon in the event of a dispute, unless proof to the contrary is provided by the Customer.

Any Rental entered into with the Customer corresponding to a Rental in an amount exceeding one hundred and twenty (120) euros incl. VAT will be archived by the Merchant for a period of ten (10) years in accordance with Article D. 213-1 of the Consumer Code. The Merchant agrees to archive this information in order to ensure transaction tracking and to produce a copy of the General Rental Terms and Conditions at the Customer's request.

In the event of a dispute, the Merchant will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

16 - Specific conditions applicable to consumer and non-professional Customers - Right of withdrawal

In the event of a distance sale, the Customer has a withdrawal period of fourteen (14) days from the conclusion of the Rental Agreement to reverse their decision to enter into the contract. The withdrawal request must be sent by email to contact@josmose.fr

The terms of the right of withdrawal are set out in the "withdrawal policy," available in Appendix 1 hereof.

The Customer is informed that the right of withdrawal only applies to consumer and non-professional Customers.

The Customer may benefit from the commercial warranty offered by the Merchant under the conditions specified in Appendix 3 hereof.

If the Customer has opted for the installation service, the Customer expressly acknowledges that: in the event of withdrawal, the installation costs (€200 incl. VAT) will be owed to the Merchant.

17 - Liability

• Merchant's Liability

The Merchant's liability may in no event be engaged in the event of non-performance or improper performance of contractual obligations attributable to the Customer, in particular when entering their Rental request or using the rented Equipment.

Furthermore, as the Merchant has no control over websites that are directly or indirectly linked to the Site, the Merchant's liability may not be sought in respect of information published on them. Links to third-party websites are provided for informational purposes only, and no guarantee is provided as to their content.

• Customer's Liability

The Customer will be solely responsible for the custody and use of the rented Equipment under these Terms. In particular, the Customer will be solely responsible for any damage caused to the Equipment that is directly attributable to them, including where such damage becomes apparent after Collection of the Equipment by the Merchant.

18 - Force majeure

Neither Party may be held liable if the non-performance or delay in performance of any of its obligations described in these General Rental Terms and Conditions results from a case of force majeure.

In contractual matters, force majeure occurs when an event beyond the debtor's control, which could not reasonably have been foreseen when the Rental was entered into and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of these General Rental Terms and Conditions. If the impediment is permanent, the Rental is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

In the event of any of the above events occurring, the affected Party will endeavor to inform the other Party as soon as possible.

19 - Personal Data

• Category of Personal Data

When the Rental Agreement is set up, and subsequently in connection with its performance, personal data (hereinafter "the Data") concerning the Customer is collected by the Merchant, as data controller.

This falls into the following categories:

• Data relating to the Customer's identity and identification;
• Data relating to the Customer's personal life (marital status, family situation, etc.)
• Data relating to the Customer's professional life (employer, position, etc.) and to persons economically connected to the Customer;
• Data relating to the Customer's economic and financial information (income, financial situation, solvency, etc.);
• Connection and browsing data (IP address, logs, cookies, etc.);
• Data relating to the Customer's habits and preferences resulting from the use of the products or services subscribed to and interactions with the Merchant;
• Connection data (IP address, logs, etc.).

• Processing and purposes

This Data is necessary for the review, approval, management, and collection of the Rental Agreement, the business relationship with the Customer, and more generally, to handle any request from the Customer relating to the Rental; failing which, the request cannot be processed.

In particular,

• In the Merchant's legitimate interest, the Data will be analyzed by the Merchant for risk management purposes, for the management, prevention, and detection of internal fraud, and the development of individual statistical models;
• To comply with the legal and regulatory obligations incumbent upon the Merchant, Data concerning the Customer may be transmitted upon request to legally authorized supervisory, regulatory, and judicial authorities. It may also be used in support of any legal or extrajudicial proceedings, complaint, or other action concerning a dispute between the Customer and the Merchant, and in particular for the defense of the Merchant's rights in court, pursuant to its legitimate interest;

The Data may be disclosed to subcontractors that provide services to the Merchant, in particular in connection with payment collection, debt recovery, hosting, sales, and after-sales service, in accordance with the Merchant's legitimate interest;

The Data will be retained by the Merchant for a period corresponding to that of the contractual relationship: retention in active storage for the time necessary to perform the Rental Agreement, and five (5) years from the end of the contractual relationship or the cessation of relations with the customer, in intermediate archiving. In the event of a dispute, this period is extended by the legal retention, limitation, and exhaustion-of-remedies periods to which the Merchant is subject. The retention period for the Data of prospective customers is a maximum of three (3) years. At the end of these periods, the Data may be anonymized and used by the Merchant for historical, study, and statistical purposes.

• Regarding marketing:

Commercial offers relating to services similar to those provided under this agreement may be offered by the Merchant via electronic communications.

With their express consent, the Customer may also receive other commercial offers from the Merchant or its partner brands electronically (email and SMS).

If the Customer does not wish to be subject to marketing, or if they wish to exercise their right to object on any grounds whatsoever, either immediately or at any time, they may do so by contacting the Merchant's Data Protection Officer at the contact details given at the end of the "Personal Data" clause;

The Customer may register free of charge on the BLOCTEL telephone solicitation opt-out list at https://www.bloctel.gouv.fr. In accordance with Law No. 2020-901 of July 24, 2020 aimed at regulating telephone solicitation and combating fraudulent calls, any professional reserves the right to solicit a consumer registered on the telephone solicitation opt-out list when such solicitation occurs in connection with the performance of an ongoing contract and relates to the subject matter of said contract, including where it involves offering the consumer Equipment or services related or complementary to the subject matter of the ongoing contract or likely to improve its performance or quality.

• The Customer's rights

The Customer may exercise, under the conditions and limits set by applicable regulations, with the data controller, their right of access, erasure, and rectification of the Data concerning them, their right to request a restriction of processing or to object at any time, on grounds relating to their particular situation, to the processing of their Data, as well as to define directives concerning the use of their Data after their death. The Customer may request the portability of their Data and bring a class action under the conditions provided for by law.

The Customer may submit requests electronically to the data controller, in particular where the Data is subject to electronic processing. The Customer also has the right to withdraw their consent at any time.

Details relating to these rights are available on the Site at the following address: https://www.josmose.fr/content/conditions-generales-de-vente

The Customer may exercise their rights by contacting the Merchant's Data Protection Officer at the following contact details:

• by email at the following address: contact@josmose.fr;
• by postal mail at the following address: OJA SOLUTIONS, 156 rue des Famards, Bâtiment M2, 59273 FRETIN.

The Customer also has the right to lodge a complaint with the CNIL.

Transfer

The Data collected may be transferred to affiliated companies of the Merchant or to subcontractors located outside the territory of the EU, to third countries. In such a case, appropriate measures, such as the implementation of Data transfer agreements incorporating the standard contractual clauses published by the European Commission, combined with security commitments offering the level of guarantee required by European Union regulations, will be implemented by the Merchant.

20 - Assignment and securitization

The Rental Agreement may be freely assigned by the Merchant to a credit institution or a financing company, provided that the latter has sent the Customer written notice stating the planned assignment date, subject to 30 (thirty) days' notice. The Customer may only object to this assignment in writing, and only to the extent that this assignment is likely to result in a reduction of the guarantees offered to them under the Rental Agreement, or to change their rights or situation, and must do so no later than 15 (fifteen) days before the planned assignment date. If the Merchant does not receive the Customer's notice of objection within the indicated period, the Rental Agreement may be freely assigned by the Merchant.

Furthermore, all of the Merchant's receivables arising from the Rental Agreement may be freely assigned by the Merchant to a securitization vehicle without any notice to the Customer being required, as part of one or more securitization transactions, pursuant to the provisions of Article L 214-169 of the Monetary and Financial Code. In addition to the provisions of the "Personal Data" clause of this agreement, the Customer is informed that their personal data may be disclosed by the Merchant to a credit institution, a financing company, a third-party securitization vehicle, an auditor, or a rating agency in connection with an assignment of this agreement or of all of the Merchant's receivables arising from the Rental Agreement, and this in the Merchant's legitimate interest, such as for the defense of its rights and interests, the collection of its receivables, refinancing, or the management of its risks via securitization, subject to applicable provisions.

21 - Complaints - Customer Service

• Contact

Any written complaint from the Customer must be sent to the Merchant:

• By mail to the following address: OJA SOLUTIONS, 156 rue des Famards, Bâtiment M2, 59273 FRETIN,
• By email to the following address: contact@josmose.fr.

For any question relating to their Rental, the Customer may contact the Merchant's customer service:

• directly within the Customer Account on the Site;
• by email at the following address: contact@josmose.fr or,
• by postal mail at the following address: OJA SOLUTIONS, 156 rue des Famards, Bâtiment M2, 59273 FRETIN.

• Complaint

If the Customer encounters difficulties relating to their Rental Agreement or is not satisfied with the Merchant's services, they may contact the Merchant's complaints department:

• by email at the following address: contact@josmose.fr or,
• by postal mail at the following address: OJA SOLUTIONS, 156 rue des Famards, Bâtiment M2, 59273 FRETIN

22 - Intellectual Property

All visual and audio elements of the Site, including the underlying technology used, are protected by copyright, trademark law, and/or patent law.

These elements are the exclusive property of the Merchant.

Any person who publishes a website and wishes to create a direct hyperlink to the Site must request the Merchant's authorization in writing.

This authorization from the Merchant will under no circumstances be granted on a permanent basis. This link must be removed at the Merchant's request. Hyperlinks to the Site using techniques such as framing or in-line linking are strictly prohibited.

Any representation or reproduction, in whole or in part, of the Site and its content, by any means whatsoever, without the Merchant's prior express authorization, is prohibited and will constitute an infringement punishable under the provisions of the Intellectual Property Code.

Acceptance of these General Rental Terms and Conditions constitutes the Customer's acknowledgment of the Merchant's intellectual property rights and a commitment to respect them.

23 - Validity of the General Rental Terms and Conditions

Any change in applicable legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Rental Terms and Conditions, shall not affect the validity of these General Rental Terms and Conditions. Such a change or decision shall in no event authorize Customers to disregard these General Rental Terms and Conditions.

24 - Changes to the General Rental Terms and Conditions

These General Rental Terms and Conditions apply to all Rentals made online from the Merchant's Site.

The General Rental Terms and Conditions are precisely dated and may be amended and updated by the Merchant at any time. The applicable General Rental Terms and Conditions are those in effect at the time of the Rental. Changes made to the General Terms will not apply to ongoing Rental Agreements.

25 - Jurisdiction and Applicable Law

THESE GENERAL TERMS AND CONDITIONS, AS WELL AS THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE MERCHANT, ARE GOVERNED BY FRENCH LAW.

IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS SHALL HAVE JURISDICTION.

However, prior to any legal action, the Customer is invited to contact the Merchant's complaints department, so that an amicable solution can be found.

If the Customer has not obtained a satisfactory solution, they may, free of charge and in writing, refer the matter to the Mediator, within one year of their complaint, at the following address: [Centre de médiation de la consommation de conciliateurs de justice (CM2C)], which may be contacted by postal mail at the following address: [14 rue Saint Jean 75017 Paris], by email at [cm2c@cm2c.net], or by completing a form on the website accessible at the following address: [https://www.cm2c.net]

Any consumer also has the option of using the European online dispute resolution platform accessible at the following address:

https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_fr.

The Party wishing to initiate the mediation process must first inform the other party by registered letter with return receipt, stating the elements of the dispute.

As mediation is not mandatory, the Customer or the Merchant may withdraw from the process at any time.

IN THE EVENT THAT NO AMICABLE SOLUTION IS FOUND OR CONTEMPLATED, THE DISPUTE WILL BE REFERRED TO ONE OF THE COMPETENT COURTS DESIGNATED ABOVE.

26 - Purchase Option

• Option to purchase the Equipment

The customer may, at the end of the rental period, purchase the Equipment. The purchase price is determined as follows:

- After 12 months: 70% of the public price

- After 24 months: 60% of the public price

- After 36 months: 50% of the public price

The public price corresponds to the sale price of the new Equipment on the day of subscription.

Appendix 1 - Standards for Collection and Return of the Equipment

Except in the circumstances specified below, the return of the Equipment does not give rise to the payment of compensation by the Customer to the Merchant.

The amounts of compensation provided for in this schedule are not cumulative; only the highest amount of compensation applies.

Conditions for non-return and non-compliant return of the Equipment beyond a period of fifteen (15) calendar days following the actual end date of the Rental Agreement:

Depending on the cases set out below, the Customer is required to pay the Merchant the following penalties:

(1) This provision does not apply in the event of force majeure, an act of the Merchant, or the death of the Customer or another legitimate reason, upon presentation of convincing supporting evidence.

(2) This provision does not apply if the Equipment is affected by a hidden defect or a manufacturing non-conformity within the meaning of the provisions of the Civil Code and the Consumer Code relating to legal warranties, as established by the Merchant.

(3) Costs determined by the third party authorized to carry out collection of the Equipment, based on the repairs to be carried out following the damage identified upon return of the Equipment. This provision does not apply if the Equipment is affected by a hidden defect or a manufacturing non-conformity within the meaning of the provisions of the Civil Code and the Consumer Code relating to legal warranties, as established by the Merchant.

The Customer must imperatively return the Equipment, which is the subject of the Rental, at the end of the Rental Agreement.

The residual value is determined based on the market price on the date of return and is determined by a professional appointed for that purpose by the Merchant:

• In the event of non-return at the end of the Rental Agreement, the Customer will be charged compensation equal to 100% of the residual value of the Equipment, increased by 20%. In this case, the residual value of the Equipment means the value of the Equipment on the return date scheduled at the end of the Rental Agreement (end of the Initial Term, or of each renewal period, or at the end of the Maximum Term).
• In the event of non-return following termination of the Rental Agreement before its term, the Customer will be charged, in addition to the compensation corresponding to the full amount of rent due until the end of the Initial Term of the Rental Agreement, compensation equal to the amount of the residual value of the Equipment. In this case, the residual value means the value of the Equipment on the return date scheduled at the end of the Initial Term of the Rental Agreement.
• In the event of non-return following termination of the Rental Agreement before its term, if this results from a case of force majeure, a legitimate reason, or an act of the Merchant, the Customer will be charged compensation equal to the amount of the residual value of the Equipment. In this case, the residual value means the value of the Equipment on the date of the event giving rise to termination of the Rental Agreement.

It is noted that if the Equipment is completely destroyed, or if it is stolen or lost, the Customer must notify the Merchant within five (5) business days by email sent to the following address: contact@josmose.fr.

Appendix 2 - Withdrawal Policy

• Principle of withdrawal

The consumer and/or non-professional Customer has, in principle, the right to withdraw by returning the Equipment to the Merchant, without giving any reason.

To do so, the Equipment must be returned no later than fourteen (14) days after the Customer communicates their decision to withdraw, unless the Merchant offers to collect the Equipment itself.

• Withdrawal period

The withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the Equipment.

Where the consumer and/or non-professional Customer has chosen to rent several items of Equipment under a single Rental giving rise to several Deliveries (or in the case of the Rental of a single item of Equipment delivered in several lots), the withdrawal period will expire fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the last item of Equipment (or lot).

In the event of Delivery of the Equipment in several lots or parts, the withdrawal period will expire fourteen (14) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the last lot or part.

• Notification of the right of withdrawal

To exercise their right of withdrawal, the Customer must notify their decision to withdraw by means of an unambiguous statement (for example, a letter sent by post, fax, or email) to: contact@josmose.fr or by postal mail to the address: OJA SOLUTIONS, 156 rue des Famards, Bâtiment M2, 59273 FRETIN France

The Customer may also use the form below:

WITHDRAWAL FORM

(for consumer and non-professional Customers only)

Please complete and return this form only if you wish to withdraw from the Rental Agreement entered into with the Merchant - except for exclusions or limits on the exercise of the right of withdrawal under these Terms.

For the attention of OJA SOLUTIONS at 156 rue des Famards, Bâtiment M2, 59273 FRETIN, contact@josmose.fr

I hereby notify you of my withdrawal from the Rental Agreement below:

Entered into on:

Name of consumer:

Address of consumer:

Signature of consumer(s) (only in the case of notification of this form on paper):

Date:

In order to meet the withdrawal deadline, the consumer and non-professional Customer must send their communication relating to the exercise of the right of withdrawal before the withdrawal period expires.

• Effects of withdrawal

In the event of withdrawal by the consumer and/or non-professional Customer, the Merchant undertakes to reimburse all amounts paid, including Delivery costs, without undue delay, and no later than fourteen (14) days from the date on which it is informed of the consumer and/or non-professional Customer's decision to withdraw (Article L.221-24 of the Consumer Code).

Unless it offers to collect the Equipment itself, the Merchant may defer reimbursement until it has recovered the Equipment or until the consumer and/or non-professional Customer has provided proof of shipment of the Equipment, whichever occurs first.

The Merchant will carry out the reimbursement using the same payment method as that used by the consumer and/or non-professional Customer for the initial transaction, unless the consumer and/or non-professional Customer expressly agrees to the use of another payment method, and provided that the reimbursement does not incur any cost for the consumer and/or non-professional Customer.

• Return terms

The consumer and/or non-professional Customer must, in any event, no later than fourteen (14) days after communicating their decision to withdraw under these General Rental Terms and Conditions, return the Equipment to OJA SOLUTIONS in its original packaging.

This deadline is deemed to have been met if the consumer and/or non-professional Customer returns the Equipment before the expiry of the fourteen (14) day period.

• Return costs

The consumer and/or non-professional Customer must bear the direct costs of returning the Equipment.

• Condition of the returned Equipment

The Equipment must be returned in accordance with the Merchant's instructions and must include, in particular, all accessories delivered with it.

The consumer and/or non-professional Customer's liability is engaged only with respect to any diminished value of the Equipment resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Equipment. In other words, the consumer and/or non-professional Customer has the option of testing the Equipment, but their liability may be engaged if they carry out handling other than that which is necessary.

• Exclusions from the right of withdrawal

The right of withdrawal is excluded in the following cases:

• The supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's prior express agreement and express waiver of their right of withdrawal;
• The supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and which may occur during the withdrawal period;
• The supply of goods made to the consumer's or non-professional's specifications or clearly personalized;
• The supply of goods likely to deteriorate or expire rapidly;
• The supply of goods which have been unsealed by the consumer after Delivery and which cannot be returned for reasons of hygiene or health protection;
• The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• Urgent maintenance or repair work to be carried out at the consumer's or non-professional's home and expressly requested by them, limited to the spare parts and work strictly necessary to respond to the emergency;
• The provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering, or leisure activities which must be provided on a specific date or during a specific period;
• The supply of digital content not supplied on a tangible medium, the performance of which began after the consumer's prior express agreement and express waiver of their right of withdrawal.

Appendix 3 - Delivery Policy

• Delivery Area

The Equipment offered can only be delivered within the Territory.

It is not possible to place an Order for any Delivery address located outside this Territory.

The Equipment is shipped to the Delivery address(es) indicated by the Customer during the order process.

• Shipping time

The time required to prepare an Order and then issue the invoice, before shipping the Equipment in stock, is indicated on the Site. These times are exclusive of weekends and public holidays.

An email message will automatically be sent to the Customer when the Equipment is shipped, provided that the email address given on the registration form is correct.

• Delivery Times & Costs

During the Order process, the Merchant indicates to the Customer the possible shipping times and methods for the rented Equipment.

Shipping costs are calculated based on the delivery method, the weight of the package, and the Delivery address. The amount of these costs will be payable by the Customer and included in the price of the first Rent payment.

Details of Delivery times and costs are set out on the Site.

• Delivery Terms

The following Delivery methods are available:

DPD and Geodis.

Pickup from the Fretin (59) warehouse

• Delivery Issues

In the event of a failure by the professional to fulfill its delivery obligation, the Customer may rely on Article L.216-6 of the Consumer Code, which provides for the possibility:

• of notifying the suspension of payment of all or part of the price until the professional performs its obligation, under the conditions set out in Articles 1219 and 1220 of the Civil Code;
• of terminating the Rental if, after giving the professional formal notice to make delivery within a reasonable additional period, the professional has not done so within that period.

The Rental is considered terminated upon receipt by the Merchant of the letter or written notice informing it of this termination, unless the Merchant has performed its obligation in the meantime.

The Customer may immediately terminate the Rental:

• where the professional refuses to deliver the Equipment or where it is clear that it will not deliver the Equipment;
• where the professional fails to perform its obligation to deliver the Equipment by the date or upon expiry of the period provided for in Article L.216-1 of the Consumer Code, and this date or period constitutes an essential condition of the Rental for the Customer. This essential condition arises from the circumstances surrounding the conclusion of the Rental or from an express request by the Customer before the Rental was entered into.

Where the Rental is terminated under the above conditions, the Merchant will reimburse the Customer the full amount paid, no later than fourteen (14) days after the date on which the Rental was cancelled.

Appendix 4 - Commercial Warranty Related to the Insurance Service

Where shown in bold, the terms used have the meaning given in the Glossary paragraph.

REMINDER: PREREQUISITES FOR QUALIFICATION FOR THE COMMERCIAL WARRANTY "(MEMBER)"

For all useful purposes, all criteria must be met in order to benefit from this commercial warranty.

The beneficiary of this commercial warranty must follow the Event Declaration procedure announced by the Guarantor. It is also noted that certain uses and situations are excluded, and this document should be read in its entirety.

• IDENTIFICATION:

This commercial warranty is issued by the company OJA ("guarantor"), a SAS (simplified joint-stock company) with share capital of 15,000 euros, whose registered office is located at 13 rue de la Monette, 59710 AVELIN, France, registered with the Trade and Companies Register under number B 790 967 863. For any questions regarding the application of this warranty, the beneficiary may contact the guarantor by telephone at 03 66 88 17 85 or by email at contact@josmose.fr.

• THE COMMERCIAL PROMISE:

The Guarantor guarantees the beneficiary a repair service for a Covered Item, or, where applicable, the replacement of said item, following an Event and during the Coverage Period.

• WARRANTIES:

Covered Item(s):

RO system

Water softener

Event(s):

Breakdown

Compensation:

1 (one) Event per year

• Coverage Period: the number of months of the rental.
• Cap(s): None
• Repairer: OJA

If the above service follows a Breakdown of the Covered Item and exclusively after the Guarantor has accepted the Event Declaration, the Beneficiary will send the Covered Item to the Repairer for assessment and possible repair.

If said item cannot be repaired by the Repairer, a replacement item will be delivered by the Repairer to the Beneficiary, in order of priority:

a refurbished item of identical model (same brand, same model, same operating system, same capacity), or

a refurbished item with equivalent functionality.

• GLOSSARY:

Covered Item:

• RO system
• Water softener
• Water dispensers
• Event Declaration: the communication, exclusively by electronic means, by the beneficiary to the Guarantor of the occurrence of an Event affecting the Covered Item

Event:

Breakdown: any malfunction of a Covered Item arising from a phenomenon of internal origin to it, and not resulting from unreasonable use, rendering it unfit for its use.

Coverage Period:

The number of months indicated above.

• EXCLUSIONS:

THE FOLLOWING ARE EXCLUDED:

ANY INCIDENT OTHER THAN THE EVENT(S) MENTIONED IN THE MEMBERSHIP CERTIFICATE

LOSS, VANDALISM, VOLUNTARY ABANDONMENT, OR UNEXPLAINED DISAPPEARANCE OF A COVERED ITEM

WHAT RESULTS FROM ACCESS, DAMAGE OR LOSS, LOSS OF USE, TOTAL OR PARTIAL DESTRUCTION, MODIFICATION, DISTORTION, ERASURE, CORRUPTION, MISUSE, MISINTERPRETATION, MISAPPROPRIATION, OR ALTERATION OF ELECTRONIC DATA.

EVENTS:

FOLLOWING AN INTENTIONAL ACT BY OR CAUSED BY THE BENEFICIARY, INCLUDING –

BY FORCE MAJEURE, except for covered items in the event of generic theft without violence, subject to the application of the other exclusions

ANY FRAUD, NEGLIGENCE, ERROR, OR OMISSION BY THE INSURED OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, PROFESSIONAL ADVISORS, AGENTS, OR SERVANTS

WHICH OCCUR BEFORE OR AFTER A COVERAGE PERIOD

FOR WHICH THE EVENT DECLARATION IS MADE MORE THAN THIRTY (30) DAYS AFTER SAID EVENT

WHICH AFFECT AN ITEM THAT DOES NOT CORRESPOND TO A COVERED ITEM

FOR WHICH THE BENEFICIARY CANNOT PROVIDE THE ITEM

FOLLOWING DIRECTIVE 2012/19/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 4 JULY 2012 ON WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)

DURING TRANSPORT OPERATIONS.

WHICH OCCUR MORE THAN THE NUMBER OF TIMES INDICATED UNDER THE WARRANTY IN EACH TWELVE (12) MONTH COVERAGE PERIOD FOLLOWING EACH ANNIVERSARY OF THE EFFECTIVE DATE OF A COVERED ITEM UNDER THIS WARRANTY AND CONCERNING THE SAME ITEM

BREAKDOWNS:

RELATING TO THE LEGAL OR CONTRACTUAL WARRANTIES OF AN ITEM WHICH THE BENEFICIARY MAY INVOKE AGAINST MANUFACTURERS, SUPPLIERS, INSTALLERS, OR REPAIRERS UNDER A CONTRACT OR THE LAW, unless they disclaim liability and the damage is not otherwise excluded

RESULTING FROM FAILURE TO COMPLY WITH THE INSTRUCTIONS FOR USE, STORAGE, AND MAINTENANCE SET OUT IN THE MANUFACTURER'S MANUAL FOR AN ITEM

DUE TO BREAKAGE OR DEFECTS EXISTING AT THE TIME THE BENEFICIARY FIRST TOOK POSSESSION OF A COVERED ITEM

DUE TO A CAUSE EXTERNAL TO THE COVERED ITEM SUCH AS, IN PARTICULAR: DROUGHT, THE PRESENCE OF DUST, EXCESSIVE TEMPERATURE, HUMIDITY, ELECTRICAL POWER SURGES, IMPACTS, OR IMMERSION IN ANY LIQUID

A COVERED ITEM WHICH:

WAS PURCHASED BY A BENEFICIARY APPEARING ON ANY OFFICIAL, GOVERNMENT, OR POLICE DATABASE OF PERSONS KNOWN OR SUSPECTED TO BE TERRORISTS, MEMBERS OF A TERRORIST ORGANIZATION, DRUG TRAFFICKERS, OR INVOLVED AS A SUPPLIER IN THE ILLEGAL TRADE OF NUCLEAR, CHEMICAL, OR BIOLOGICAL WEAPONS

IS FOR EXPERIMENTAL USE OR IS A PROTOTYPE

IS THE SUBJECT OF SMUGGLING OR ILLEGAL TRADE

EQUIVALENT TO:

FINES OR PENALTIES OF ANY KIND

PUNITIVE, EXEMPLARY, AGGRAVATED, TREBLE, LIQUIDATED, PENAL, RESTITUTIONARY, NON-COMPENSATORY, VINDICTIVE, OR MULTIPLE DAMAGES, OR ANY OTHER DAMAGES RESULTING FROM THE MULTIPLICATION OF DAMAGES

• APPLICABLE LEGAL TEXTS AND PRINCIPLES:

This commercial warranty relies on the good faith of the beneficiary, and for reference, the applicable texts are as follows:

Article L217-21 of the Consumer Code: "A commercial warranty means any contractual commitment by a professional, whether the seller or the producer, including through any other person acting in their name or on their behalf (hereinafter referred to as the "guarantor"), toward the consumer. The purpose of this commitment is to refund the purchase price, replace or repair the item, or provide any other service relating to the item, or any other requirement not related to conformity and set out in the commercial warranty, in addition to the seller's legal obligations to guarantee the conformity of the item. Any commercial warranty binds the guarantor in accordance with the conditions it provides for or the conditions indicated in any advertising made prior to the conclusion of the contract if the conditions of that advertising are more favorable, unless the guarantor demonstrates that the advertising was corrected before the conclusion of the contract in a manner identical or comparable to the original advertising."

Article L217-22 of the Consumer Code: "The commercial warranty is provided to the consumer in a legible and comprehensible manner on any durable medium and no later than the time the item is delivered. It specifies the content of the commercial warranty, the terms of its implementation, its price, its duration, its territorial scope, as well as the name and postal and telephone contact details of the guarantor. In the event of non-compliance with these provisions, the commercial warranty remains binding on the guarantor. In addition, the commercial warranty clearly and precisely states that it applies without prejudice to the consumer's right to benefit from the legal guarantee of conformity under the conditions provided for in this chapter and from that relating to hidden defects, under the conditions provided for in Articles 1641 to 1649 of the Civil Code. A decree sets out the terms of this information."

Article L217-23 of the Consumer Code: "The producer may grant the consumer a commercial warranty binding it for a given period exceeding two years (hereinafter referred to as a "durability commercial warranty"). If it offers such a durability commercial warranty, the producer is directly bound toward the consumer to repair or replace the item during the period indicated in the durability commercial warranty offer; it is also bound to implement it under conditions identical to the legal warranty. The producer may offer the consumer more favorable conditions than those described in the first paragraph. The requirements provided for in the provisions of Article L. 217-22 apply to the durability commercial warranty."

Article L217-24 of the Consumer Code: "I.-Any professional operating in an economic sector mentioned in III of this article may ask the administrative authority responsible for competition and consumer affairs to formally rule on the compliance with Articles L. 217-21 to L. 217-23 of the commercial warranty it plans to put in place. The purpose of this formal ruling is to protect that professional against a change in the administrative authority's assessment that would be likely to expose it to the administrative penalty provided for in Article L. 241-14. The administrative authority formally rules on this request within a period set by decree of the Conseil d'État. Silence on the part of the administrative authority at the end of this period is deemed to constitute rejection of the request. II.-The validity of the ruling mentioned in I ends from the date on which: 1° The professional's situation is no longer identical to that presented in its request; 2° A change in legislative or regulatory provisions likely to affect this validity has come into force; 3° The administrative authority notifies the professional, after first informing it, of the change in its assessment. III.-A decree of the Conseil d'État specifies the economic sectors mentioned in I in which particular difficulties arise with regard to commercial warranties, assessed based on the extent of the breaches and complaints found in them, the extent of the additional cost borne by consumers in connection with the commercial warranty, or the nature and recurrence of the difficulties of interpretation to which the rules relating to commercial warranties give rise there."

Article 1641 of the Civil Code: "The seller is bound by a warranty on account of the hidden defects of the item sold which render it unfit for its intended use, or which so diminish that use that the buyer would not have acquired it, or would have paid only a lower price for it, had they known of them."

Article 1648, first paragraph, of the Civil Code: "An action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect."

• FALSE STATEMENTS

This commercial warranty relies on the good faith of the beneficiary, and for reference, the applicable texts are as follows:

Article 1136 of the Civil Code: Error as to value, whereby, without being mistaken as to the essential qualities of the performance, a party merely makes an inaccurate economic assessment of it, is not a ground for nullity.

Article 1137 of the Civil Code: Fraud (dol) is the act by which one party obtains the consent of the other through deceitful maneuvers or lies. The intentional concealment by one party of information which that party knows to be decisive for the other party also constitutes fraud.

INFORMATION ON THE USE OF PERSONAL DATA

In connection with the relationship between the beneficiary and the Guarantor for the commercial promise, the beneficiary's data will primarily be used for the arrangement, management (including commercial management), and performance of that promise. The Guarantor may also use it (i) in connection with litigation, (ii) for anti-money laundering and counter-terrorist financing purposes, (iii) in order to comply with applicable regulations, or (iv) for the analysis of all or part of the beneficiary's data collected within the group to which it belongs, possibly cross-referenced with that of selected partners, in order to improve its Equipment (research and development), assess or predict the beneficiary's situation (propensity scores), and personalize their experience as a beneficiary. Any health-related data that may be collected will be used exclusively for the arrangement, management, and performance of the contract. The beneficiary's data will be retained for as long as necessary for these various operations, or for the period specifically provided for by the CNIL (standards for the insurance sector) or by law (statutory limitation periods).

It may also be disclosed to insurance companies, insurance intermediaries, reinsurers, partners, or authorized professional bodies that need access to it to carry out these operations. For those recipients located outside the European Union, the transfer is limited (i) to countries listed by the European Commission as providing adequate data protection, or (ii) to recipients complying with either the standard contractual clauses proposed by the CNIL or the binding corporate rules of the insurer's group for data protection. Any health-related data of the beneficiary that may be collected will only be disclosed to authorized subcontractors. The Guarantor is legally required to verify that the data is accurate, complete, and, if necessary, kept up to date. It may therefore contact the beneficiary to verify this or may need to complete the beneficiary's file (for example, by recording an email if the beneficiary has sent one).

The beneficiary may request access to, rectification, erasure, or portability of their data, define directives regarding its fate after their death, choose to limit its use, or object to its processing. If the beneficiary has given special and express authorization for the use of certain of their data, they may withdraw it at any time, provided that it does not concern information that is a condition for the application of their contract. The beneficiary may write to the Guarantor's data protection officer to exercise their rights by mail. In the event of a complaint, you may choose to refer the matter to the CNIL.