General Terms and Conditions of Sale

Effective from January 1, 2024

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Article 1. Scope – Applicability

These general terms and conditions of sale (the “GTC”) apply to all sales of audio-video and computer products (the “Product”) made between (i) Express Luck France, a simplified joint-stock company whose registered office is located at 23, avenue de la Garonnette, 31000 Toulouse, registered with the Toulouse Trade and Companies Register under number 921 076 816 (“Express Luck”) and (ii) any professional buyer or consumer under the French Consumer Code, aged at least 18 years, and legally competent (the “Customer”), through the website smarttech-tv.com (the “Website”).

The GTC govern all relations between Express Luck and the Customer and constitute the sole basis for commercial negotiations. By placing an order, the Customer accepts the GTC in effect at the time of contract formation. They apply without restriction to all orders placed between Express Luck and the Customer.

In compliance with the applicable regulations, the GTC are always provided to the Customer before any order is placed. They are also accessible at any time on the Website. The GTC may be updated, and the version applicable to the Customer’s purchase is the one in effect at the time the order is placed.

The Customer acknowledges having read the GTC and expressly accepts them without reservation.

Express Luck may also establish specific General Terms and Conditions for certain customer categories, deviating from the GTC, based on objective criteria.

The contractual relationship between Express Luck and the Customer (the “Contract”) is governed by: (i) these GTC and (ii) the order confirmation issued by Express Luck and sent to the Customer by email, listing the Product(s) chosen by the Customer (the “Order Confirmation”).

Any elements not expressly stated in the Contract are not applicable to Express Luck, particularly the Customer’s documents, including their general terms and conditions of purchase.

Express Luck’s failure to invoke any provision of these GTC at any given time does not waive their right to enforce such provisions later.

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Article 2. Product Characteristics

The main features of the Products offered for sale are presented on the Website.

The Products and their main features listed on the Website may be modified at any time without notice. They remain valid as long as they are visible on the Website.

Options, features, or equipment released after the Customer has placed an order or subject to regulatory approval may not be included or available for the Product or may only be available later.

Express Luck, or its suppliers if applicable, reserves the right to make any modifications to the Product to comply with legal requirements or improve the Product’s performance, without obligation to modify previously delivered or ordered Products.

The Customer acknowledges that certain features of Products available abroad may not be available in France. Only the features listed on the Website at the time of the order will be available, regardless of those presented in the user manual.

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Article 3. Order Process

3.1. Order Procedure

The Customer must place an order through the Website.

When placing the order, the Customer is invited (i) to choose the Product category; (ii) to enter their personal information; and (iii) to provide a delivery address.

After this input, the Customer must click the “Order” button.

The Customer will then be invited to proceed with payment according to the terms outlined in Article 5.

3.2. Acceptance of the Order by Express Luck

The order is accepted by Express Luck, and the Contract is concluded between the Customer and Express Luck upon transmission of the Order Confirmation by Express Luck to the Customer.

3.3. Cancellation of the Contract

Provided the Product has not been shipped, and the request is accepted by Express Luck, the Customer may request to cancel the Contract.

If the cancellation is accepted by Express Luck, the amount of the order will be refunded to the Customer.

Cancellation is possible only before the Product has been shipped and is subject to Express Luck’s acceptance.

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Article 4. Price

The prices of the Products listed on the Website are in euros, inclusive of all taxes, excluding shipping fees, which are charged separately (the “Price”).

The Prices on the Website may be changed at any time without prior notice. They remain valid as long as they are visible on the Website.

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Article 5. Payment Conditions

The validation of the order by the Customer in accordance with Article 3.1 implies the obligation for the Customer to pay the Price.

Payment can be made using the payment methods accepted by Express Luck, as indicated in the “Payment Methods” section on the Website.

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Article 6. Delivery of the Product

6.1. Delivery Timeline

Subject to full payment of the Product price and no modification to the order at the Customer’s request, the Product will be delivered by the date specified in the Order Confirmation.

Express Luck will inform the Customer of the shipment and provide a tracking number by email to the address provided by the Customer.

For certain specific Products, delivery will be made by a carrier, requiring scheduling a delivery appointment with the Customer. In this case, the carrier will contact the Customer to arrange a delivery time.

If the order is modified at the Customer’s request or due to force majeure (as defined by law and jurisprudence), the delivery date in the Order Confirmation will be postponed by three (3) months.

Express Luck may deliver the order in multiple shipments, without this resulting in penalties of any kind.

6.2. Delivery Location

The Product will be delivered to the location specified in the Order Confirmation.

Exceeding the final delivery date does not entitle the Customer to damages, refusal of delivery, or cancellation of the order.

6.3. Reception Obligation

The Customer has an obligation to receive the Product as per the conditions in the Order Confirmation.

The Customer must schedule and receive the Product at the agreed date in the Order Confirmation. Failure to receive the order on the agreed date constitutes a breach of contract, and any related costs will be charged to the Customer.

The Customer must provide Express Luck with all signed documents for delivery, installation, and billing purposes.

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Article 7. Retention of Title Clause

Ownership of the Product remains with Express Luck until full payment is made by the Customer, regardless of the delivery date, as expressly acknowledged by the Customer.

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Article 8. Right of Withdrawal

8.1. Right of Withdrawal

The Customer has the right to withdraw from the Contract without justification or penalty, within fourteen (14) days from the day they take possession of the Product (the “Withdrawal Period”).

This right applies only to consumer clients (as defined in Article 1) and professionals in case of off-premises contracts, provided the Customer employs fewer than five (5) employees.

8.2. Exercise of the Right of Withdrawal

The Customer must send a clear and unambiguous declaration of withdrawal before the end of the Withdrawal Period, either by post (Express Luck, service de rétractation, 23, avenue de la Garonnette, 31000 Toulouse) or by email with acknowledgment of receipt.

A sample withdrawal form is attached as Annex to these GTC.

8.3. Consequences of Withdrawal

In case of withdrawal, Express Luck will refund all payments received from the Customer, including delivery fees (excluding additional shipping costs chosen by the Customer). Refunds will be processed within fourteen (14) days following the later of two dates: receipt of the withdrawal declaration or receipt of the returned Product.

The Customer is required to return the Product within fourteen (14) days of notifying Express Luck of their withdrawal, at their own expense.

The Product must be returned in its original packaging and in perfect condition, complete (unopened, undamaged, and with all accessories and documentation), allowing for resale as new.

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Article 9. Termination

In case of the Customer’s non-compliance with any of their obligations under the Contract, and thirty (30) days after a registered notice with acknowledgment of receipt remains unaddressed, Express Luck may terminate the order, without prejudice to its right to seek compensation for any damages caused by such termination.

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Article 10. Product Compliance

The Customer must check the apparent condition of the Product(s) upon delivery.

In the absence of any express reservations made by the Customer upon receipt and confirmed to both the carrier and Express Luck within three (3) days, the order will be deemed accepted in quantity and quality.

10.1. Legal Warranty of Conformity / Contractual Warranty

The Product is covered by a contractual warranty against non-conformity or defects in materials, design, or manufacturing that make the Product unfit for use. The warranty period is 24 months from delivery unless a longer manufacturer’s warranty applies.

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Article 11. Liability

Express Luck is not liable for any indirect damages such as loss of revenue, profit, data, clientele, or image, even if Express Luck has been advised of the possibility of such loss.

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Article 12. Intellectual Property Rights

Express Luck retains all intellectual and industrial property rights over studies, designs, models, prototypes, etc., related to the Product.

The Customer is prohibited from reproducing or commercially exploiting these studies, designs, models, and prototypes without prior written authorization from Express Luck.

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Article 13. Confidentiality

Both parties agree to maintain the confidentiality of any information marked as confidential that they may have access to under this agreement.

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Article 14. Invalidity

If any provision of the Contract is found invalid, it will not affect the validity of the remaining provisions.

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Article 15. Non-Waiver

Express Luck’s failure to invoke any breach by the Customer does not constitute a waiver of their right to enforce such a breach.

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Article 16. Applicable Law

The Contract and all related transactions are governed by French law.

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Article 17. Jurisdiction – Disputes

In case of a dispute, the parties will attempt to resolve it amicably. If no resolution is found, the Customer may use a mediation service. If necessary, legal action will be brought before the competent court.

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Article 18. Data Protection

The Customer’s personal data is processed for order processing purposes. The Customer has the right to access, rectify, erase, restrict processing, and oppose the processing of their data.

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Annex 1: Withdrawal Form