Article 1: Preamble

These general conditions are concluded between,

On the one hand,

Aquipond registered with the Crossroads Bank for Enterprises of Belgium under number BE 0644532831 and whose head office is located in Beauvechain, hereinafter referred to as “Aquipond”.

And on the other hand,

Persons aged at least 18 years old, with the legal capacity to contract by themselves or through a person with parental authority, their guardian, or their curator, wishing to make a purchase or an order via the “Aquipond” website (accessible via Aquipond.com ) or direct purchases, hereinafter referred to as “the buyer”.

Together referred to as “the parties”,

The last update date of the general conditions is indicated at the top of this page. Aquipond reserves the right to modify or adapt these general conditions of sale at any time and without notice, in particular, to bring them into compliance with legal and regulatory provisions.

The customer is therefore invited to consult them regularly and before placing any Order. The customer is deemed to be aware of Aquipond 's general conditions at the time of contracting and to accept them without reservation.

Identification:

Company name: Aquiflor SRL

VAT: BE 0644 532 831

Commercial sign: Aquipond

Website: Aquipond.com

Email: info@a quipond.com

Article 2 - Purpose

These general terms and conditions of sale aim to define, in an exhaustive manner, all the terms of sale between “ Aquipond ” and “the buyer”, from the order of the product or service, through payment, delivery, guarantee "When Aquipond illustrates its articles with images, these constitute a reflection of the goods. An error is always possible and, if there is clearly an error, Aquipond is not required to deliver the corresponding good." of the products purchased and the withdrawal of the product purchased. These conditions define all the steps necessary for placing an order until delivery to the final recipient. The images displayed on our site are non-contractual.

“The buyer” is deemed to be aware of the general conditions of “ Aquipond ” at the time of contracting and to accept without reservation these general conditions of sale.

In the event that one of the clauses present in the general conditions of sale is declared abusive, illegal or unenforceable by a change in legislation, or following a legal decision that has become effective, the nullity or unenforceability would be limited to said clause, and will not affect the validity of the other stipulations.

Article 3 - Offer and order

Offer

If an offer has a limited validity period or is subject to certain conditions, it will be clearly mentioned on the Aquipond website. Aquipond always describes the products sold as fully and accurately as possible. The product offers considered by Aquipond and indicated on the product sheet as “deliverable”, are valid on Belgian, Luxembourg and French territory. As for the “non-deliverable” product, the offer applies exclusively to Belgian territory.

When Aquipond illustrates its articles with images, these constitute a faithful reflection of the goods. An error is always possible and, if there is obviously an error, Aquipond is not obliged to deliver the corresponding good.

Order

General

We specify that the products displayed for order on the site are within the limits of available stock, which is specified in article 4 of these general conditions.

Once payment is received, payment is final. All credit or debit card payment transactions are subject to authorization by the card issuer. If your card issuer declines your payment, we will not be liable for any delays in delivery and/or non-delivery of your order.

Purchase via the website with online payment and home delivery

To purchase our products, the “buyer” must select them and add them to his shopping cart. Then, he can click on the “order” button to validate his purchase and begin filling in the contact and billing data. At any time (except after payment), the customer has the possibility to consult and modify the content of his order.

After validating his basket, the “buyer” will be shown a summary page where he will have to validate the acceptance of our general conditions, and check the summary of his order. In this summary, the totality of the buyer's purchases + total cost included will be displayed). The validation of the order made by the “buyer” will only be considered final once the price of the order has been paid by the “buyer”.

Once you have completed all these steps and as soon as Aquipond has received authorization for the payment transaction from the issuer of your credit or debit card, your purchase is final. We will then send you an email confirming your order. This confirmation email will confirm the maximum delivery time and, if this time is exceeded, the possibility of canceling the order free of charge.

In the event that the buyer has not yet received an order confirmation, he may modify or cancel his order at any time.

All online payment methods accepted on our webshop are listed in article 5 on the general conditions relating to the price.

Reservation via the website and Pick-up in store

Some of the items offered by Aquipond cannot be delivered to your home (weight and transport restrictions). However, on the item sheet, the “buyer” will be informed that the product is “undeliverable” but that they can reserve it and then come and collect it from the Aquipond store. The reservation is final after clicking on the order completion button and filling in all your contact and billing details. A link to the general conditions on a durable computer medium is added to the confirmation email.

The items are then gathered in the store. Products that are not in stock in the store are ordered and will be available within an indicative period of 20 working days.

Aquipond cannot be held responsible for the non-preparation on time or the absence of certain products. If the order is not complete, please refer to our article 4 on the availability of our products. Payment will be made in the store at the time of collection. Aquishop will reserve the items for you 10 days in its store.

Validation of your order

Any confirmation of your order or reservation of products implies your acceptance of these general terms and conditions of sale, without exception or reservation. All data completed by the “buyer” and the recorded confirmation will constitute proof of the transaction. You declare that you are fully aware of it. The order confirmation will constitute signature and acceptance of the operations carried out.

Article 4: Availability of our products

The products offered for sale online are those that appear on our website, on the day and at the precise moment of consultation of the site by the “buyer” and within the limits of available stocks. Aquipond implements all reasonable means to display the availability of products in real time on its site but cannot be held responsible if a product is no longer available to honor the order made by the purchase.

In the event of partial unavailability of one of our products or services, the customer will be informed by “ Aquipond ” as soon as possible by email or by telephone. The “buyer” will have the possibility to modify his order, to cancel it, in which case he will be reimbursed for the amount of the value of the unavailable product (if payment has already been made).

Article 5 - Prices and payment terms

Price

The prices of our products, excluding delivery costs, are indicated in euros including all taxes (VAT, RECUPEL and other applicable taxes), unless otherwise indicated. These products take into account any discounts or price reductions granted by Aquipond .

In the event of an order to a country other than Belgium, you are the importer of the product(s) concerned. In this case, customs duties or other taxes may be payable. They will be your responsibility and will be your responsibility. We therefore advise you to inquire about this point with your relevant authorities.

Aquipond reserves the right to change its prices at any time, but the product will be billed based on the current rate announced at the time of order validation. The products remain the property of Aquipond until full payment of the price. Our delivery rates are also adapted in real time according to the conditions of our delivery people. Some packages have bulky delivery rates that require us to charge additional shipping costs.

Payment via the website

In order to guarantee the security of online payments and the protection of your personal data, transaction data is encrypted using SSL technology before being sent over the Internet. You will recognise the SSL-secured connection by the small padlock that appears in the status bar of your browser, whatever it is. We accept the following payment methods: Visa, MasterCard, Bancontact/Mister Cash, Homebanking: Belfius Direct Net, ING Homepay, KBC/CBC online. This payment process is managed by an external service provider, Ingenico (OGONE) to guarantee optimum security, and a PCI payment certificate.

Payment in store

In our stores, we accept cash, Visa, MasterCard, Bancontact/Mister Cash, Aquipond gift card. In the case of items reserved online and collected in store, payment is made in store.

Article 6 – Home delivery

The delivery area covered by Aquishop includes Belgium, France and Luxembourg. However, to be agreed with customer service, certain exceptions may deviate from our rules.

Only our products marked “deliverable product” can be delivered to your home. The delivery address will be the one indicated when ordering, all items will be delivered to you there. Transport costs are indicated explicitly in parallel with the item concerned. The delivery time varies depending on the item ordered, its weight and size. The delivery time of the item is indicated before the order is placed. Aquipond will make every effort to meet its delivery times. Delivery includes only the transport and delivery of the item, it does not include the assembly of the item.

Our maximum delivery time for products ordered on the website is 4 working days in Belgium, and 12 working days for France, Luxembourg, Germany and the Netherlands. These deliveries will be made to the address provided by the customer.

If Aquipond cannot deliver on time, Aquipond will notify you as soon as possible (see article 4 on the availability of our products, and will do everything possible to inform you of the delivery times of its own suppliers.

Shipments are always made at Aquipond's risk. However, if it is a return of goods, you are responsible for transport. If the items we deliver to you are damaged during transport or do not correspond to the items indicated on the delivery note or do not correspond to the items you ordered, you must notify us as soon as possible and at the latest within 3 days after the date of delivery to the "buyer". Please contact our customer service for this.

If a delivery delay occurs, Aquipond undertakes to notify the “buyer” as soon as possible and will inform him of the duration of the delay. In the event of force majeure, the customer cannot terminate the sales contract that binds him to Aquipond . In the event of loss of the package sent by Aquipond , the customer will be reimbursed within 14 working days following the customer's complaint regarding the loss of the package. However, an investigation will be opened with the postal services and the carrier.

Article 7 – Right of withdrawal

In the case of an online sale

The right of withdrawal is applicable only in the case of a purchase made remotely via the website, Facebook, email or by telephone, including delivery. The right of withdrawal does not apply when booking via the website with collection in store.

The right of withdrawal implies that you have the right to renounce the purchase, it is 14 days from the delivery of the items. During this period, the items can be returned no later than 14 days after notification to Aquipond of the decision to renounce the purchase, without financial penalty and without obligation to justify. Within 14 days of receipt of the items by Aquipond , the full purchase price of the items will be refunded to you (by bank transfer).

If you wish to return the goods as described above, you may only unpack and handle them to the extent necessary to assess the nature, characteristics and functioning of the goods. If you return items, this must be done with all accessories delivered, in the original condition and in the original packaging.

If you wish to return goods to our physical point of sale. The direct costs of returning the goods are your responsibility. If the goods cannot be returned by post, we will collect them from you. We will advise you of the cost or make an estimate if it is not reasonably possible to calculate it in advance.

In order to be able to exercise your right of withdrawal quickly and correctly, you can download the withdrawal form and send it to our store. If you wish to exchange the product for another product, please contact Aquipond Customer Service. The right of withdrawal does not apply in certain specific cases as provided for by law, such as for perishable, living goods and goods personalized according to the customer's instructions.

For any request for withdrawal on the order made by the buyer, we invite him to contact customer service via email (support@a quipond .com) or via our telephone line: 010 86 03 54 or by post (see address article 1). The product returned by the “buyer” must be in new condition, with original packaging, accompanied by its guarantee, accessories and all parts or documents included in the product box, with a purchase invoice allowing Aquipond to validate the identity of the buyer. Products that do not meet these general conditions will not be taken back by Aquipond .

In the case of an in-store sale

If you want to return or exchange a product that you purchased from Aquipond (physical point of sale), it is up to the seller to determine the return or exchange conditions.

Article 8 – Purchase voucher and loyalty card

Voucher

The Aquipond Voucher remains valid for 1 year from the date of purchase and can be used to purchase items at our physical point of sale. Once the expiration date has passed, the voucher can no longer be used or exchanged. The remaining amount on the voucher cannot be used for a future purchase. Aquipond is not responsible for indirect damage to the voucher (degradation of the voucher). Any fraud or other unauthorized action will be recorded and will result in the ban on using the voucher and legal proceedings.

Loyalty card

When you present your loyalty card at the checkout, you receive 1 bonus point for every 1 EUR spent at a physical point of sale. Your points are automatically recorded and printed on your receipt. Each time you reach 100 points, you receive a 5 EUR voucher valid on your next purchase in the Aquipond store. You can use this voucher from the first day after receiving it and it remains valid for 1 year.

Article 9 – Conformity and warranty

All products that the consumer purchases on the Aquipond website benefit from a legal guarantee of at least 2 years. If the guarantee period is longer than two years, it is indicated in the characteristics of the article.

Any possible defect must be reported to Aquipond within 1 month of the finding (discovery). After this period, any right to repair or replacement is extinguished. If a customer finds a defective item within 7 days, it will be exchanged or refunded.

During the aforementioned period, Aquipond undertakes to replace or repair the defective item (or part of this item) free of charge, unless this proves impossible or disproportionate.

The following are notably excluded from the legal guarantee:

all direct or indirect damage caused to the device after delivery (due to, for example, oxidation, impact, fall, etc.);

the replacement of accessories or parts that need to be replaced regularly following use of the product;

damage resulting from fire, water damage, lightning strike, accident, natural disaster;

damage caused intentionally, through negligence or as a result of careless handling, poor maintenance or improper use or use contrary to the manufacturer's instructions.

To invoke the warranty, you must be able to present the original invoice or proof of purchase. The warranty period begins at the time of delivery. The warranty can only be invoked against Aquipond . If you appeal directly to the manufacturer, any costs will not be borne by Aquipond.

Article 10 – Force majeure

In the event of force majeure, we are not obliged to comply with our obligations. In this case, we are entitled to suspend our obligations for the duration of the force majeure. Force majeure is considered to be all situations beyond our control. Force majeure includes, in particular, strikes, fires, breakdowns, power outages, network disruptions and/or the possible unavailability of our website.

Article 11 – General Liability

Aqui pond is not liable for faults and negligence, even on the part of hired service providers or employees, except in the case of intentional acts or serious faults. The liability of Aqui pond is always limited to direct and personal damages, and it can never represent an amount higher than the purchase price of the product. Aqui pond is not liable for losses or damages occurring during the use of a product.

Use of the website

Aqui pond cannot be held responsible for any damage suffered by a visitor to the Aqui pond website in the event of interruptions or errors in the electronic publication of the site or in the event of inability to access the site. This website contains links or references to other sites. Aquishop has no authority over these sites and cannot therefore be held responsible for the content or characteristics of these sites, or for any other form of damage arising from their use.

Sending to and from the Aquipond website illegal content, such as threatening, discriminatory, racist, obscene or pornographic content contrary to national or international legislation, is prohibited. Aquipond is able to control the sections of the website in which users can send communications. However, Aquipond is not responsible for the content of these communications. Aquipond reserves the right to delete from its website data sent by users if this data does not correspond to the purposes of the website.

Article 12 – Intellectual property

The information available on the Aquipond website may only be downloaded for private purposes. Any other use is prohibited. All content on this website is protected by intellectual property rights that may be claimed by Aquipond , its suppliers or any other right holder.

The total or partial use of this information for commercial purposes, as well as the electronic recording of this information or its use for illegal purposes are prohibited without the prior written authorization of Aquipond , except to identify the products and services.

Any communication sent by the user to the Aquipond website is considered non-confidential and not subject to copyright. Aquipond is not responsible for these communications. Aquipond has the right to delete, copy, publish, distribute, repost and otherwise use these communications for any purpose.

Article 13 – Handling of complaints, disputes and non-compliant orders.

Some orders made by “ Aquipond ” may contain missing, damaged or non-compliant products. If the “buyer” considers that the products are defective, or non-compliant with his order, he can, subject to reasons describing the failure of the order, send his complaints to Aquipond customer service. Our customer has a period of 14 days from delivery to send these complaints to Aquipond . After this period, Aquipond will no longer refund the “buyer’s” order, nor exchange products or services.

For all claims regarding an exchange or refund, Aquipond will inform its buyer of the decision. If the decision is in favor of the buyer, the product must be returned to the following address: Aquipond , 22 Rue de la liberté, 1320 Nodebais. This product must be in new condition, with original packaging, accompanied by its warranty, accessories and all parts or documents included in the product box, with a purchase invoice allowing Aquipond to validate the identity of the buyer.

After returning the product and a decision has been made internally, Aquipond will offer a customer, an exchange of products, a full refund, or the delivery of another product similar in quality and value within 14 days following the request for refund or exchange. For the return costs, these will be borne by the buyer. The exchange of the defective product will be borne by Aquishop.

An exchange or refund cannot be made if Aquipond discovers that the fault is attributable to the buyer, and results from improper use, or non-compliant use, and/or modification of the product at the buyer's initiative.

If you have any complaints regarding our goods or services, you can contact us using the following contact details. For any cancellation requests, please refer to Article 5 on the right of cancellation/withdrawal.

• Aquiflor SRL
• 22 Liberty Street
• 1320 Nodebais (Belgium)
• info@aquipond.com
• +32 (0)10.86.03.54

The after-sales service provides a period of 5 working days to inform the buyer of a proposed solution to the dispute. Aquipond favors an amicable settlement of any complaints. Aquipond also accepts the intervention of the litigation committee (or the board of directors) for everything concerning the Becommerce label. Belgian law is the only law applicable in this type of dispute.

However, if your complaint cannot be resolved, you can contact the Consumer Mediation Service for out-of-court settlement of consumer disputes.

Consumer Mediation Service North Gate II Boulevard du Roi Albert II 8 1000 Brussels Tel: 0032/2 702 52 00 - Fax: 0032/2 808 71 29 - E-mail: contact@mediationconsommateur.be

Website: www.mediationconsommateur.be The European Union offers a digital platform dedicated to Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/ Belgian law applies. In the event of a dispute, only the courts of Nivelles are competent.

Article 14 – Protection of privacy and processing of personal data

Aquipond collects personal data concerning the buyer (who places his order), this information is communicated on the site. It can be modified at any time and the buyer can decide to completely delete his account via our customer service.

Aquipond firmly undertakes not to communicate this data to third parties, these will be used exclusively in the internal services of the company, in order to strengthen or personalize the newsletters / emails / or sales documents. The buyer can exercise his right of deletion directly by sending an email to support@a quipond .com

Data processing manager: Pierre-François Danse (under the responsibility of the limited liability company Aquipond ). The data collected is adequate, relevant and not excessive in relation to the purposes for which it is obtained.

Article 15 – Nullity of a clause and proof

In the event that one of the clauses present in the general conditions of sale is declared abusive, illegal or unenforceable by a change in legislation, or following a legal decision that has become effective, the nullity or unenforceability would be limited to said clause, and will not affect the validity of the other stipulations of the general conditions.

In no case shall the nullity of one of the clauses of these conditions affect the validity of the other clauses. The computer data stored in the computer system set up by Aquipond will be considered as proof of communication, orders and payments between the parties.