Terms and conditions of sale

ARTICLE 1 - IDENTIFICATION OF THE SELLER

The products are sold by LIGHTON, a French limited liability company (SARL) with share capital of €5,000, registered with the Marseille Trade and Companies Register under number 103 202 974 R.C.S. Marseille.

Registered office: Zone Industrielle Athélia - 300 Avenue des Mattes - 13600 La Ciotat - France.

SIREN: 103 202 974 - SIRET: 103 202 974 00012 - EU VAT number: FR66 103 202 974 - EORI: FR103 202 974 00012.

E-mail: contact@lighton-solutions.com - Telephone: +33 4 48 47 09 33 - Website: www.lighton-solutions.com.

Main activity: wholesale trade (business-to-business trade) in electrical equipment - APE code 46.69A.

ARTICLE 2 - PURPOSE AND SCOPE

These General Terms and Conditions of Sale (the « GTC ») govern sales of products made by LIGHTON to consumers acting for non-professional purposes (« B2C ») and to business customers acting in the course of their activity (« B2B »), in particular through the website or under direct business orders.

Placing an order implies acceptance of these GTC in the version applicable on the date of the order. Special terms expressly agreed with a business customer may supplement or depart from these GTC, in respect of the relevant provisions only.

ARTICLE 3 - PRODUCTS

LIGHTON sells electrical wiring devices, switches, power sockets, multimedia outlets, USB charging solutions, thermostats, control equipment and accessories, among others.

The essential characteristics are set out on the product pages, in the catalogues and documentation, and on the website. Photographs, renderings, colours and illustrations are intended to present the products as faithfully as possible but may show slight differences in appearance.

LIGHTON may change its ranges, product references, characteristics or packaging, provided that it does not alter the essential characteristics of an order already accepted.

ARTICLE 4 - COMPLIANCE, DOCUMENTATION AND INSTALLATION

The products are selected and sold in accordance with the regulations applicable to them. Where the regulations so require, the products concerned carry the CE marking and the corresponding declarations of conformity.

The instructions, technical data sheets and wiring diagrams must be complied with. Electrical wiring devices must be installed by a person with the necessary skills, in compliance with safety rules, installation standards and the technical characteristics of the product.

Before installation, the installer must in particular check that the product is compatible with the installation, the voltage, the power rating and the load being controlled.

ARTICLE 5 - AVAILABILITY

Offers are valid while stocks last. In the event of exceptional unavailability after an order has been placed, LIGHTON will inform the customer as soon as possible and apply the remedies provided for by the applicable rules: an additional lead time, an alternative product accepted by the customer, or cancellation and refund.

Some products may be offered on pre-order or with a specific procurement lead time; the estimated lead time is then communicated before the order is confirmed.

ARTICLE 6 - ORDERS

The customer checks the contents and details of the order before confirming it. For online orders, the order becomes final once the ordering process has been completed and payment, or the authorised means of settlement, has been confirmed. An order confirmation is sent to the customer.

For business customers, an order may also result from a quotation, purchase order or other accepted commercial document.

LIGHTON may refuse or suspend an order on legitimate grounds, in particular in the event of a payment incident, exceeded credit limit, manifestly incorrect information, suspected fraud or exceptional unavailability.

ARTICLE 7 - PRICES

7.1 Private customers

Prices for consumers are expressed in euros inclusive of all taxes, unless stated otherwise. Any delivery charges are displayed before final confirmation.

7.2 Business customers

Business prices are expressed in euros exclusive of tax, to which the applicable VAT is added. Discounts or specific terms may be granted depending on the customer's category, sales volume or the agreements entered into with LIGHTON.

7.3 Changes

LIGHTON may change its prices at any time. The applicable price is the one accepted when the order was confirmed, save for manifest error.

ARTICLE 8 - BUSINESS TRADING TERMS

LIGHTON may offer customer categories, partner statuses, discounts, targets, benefits, rebates or other commercial arrangements set out in specific documents. These arrangements may change independently of these GTC. Special terms expressly accepted prevail over the GTC in respect of the provisions from which they depart.

ARTICLE 9 - MEANS OF PAYMENT

Depending on the channel and the customer's category, LIGHTON may offer payment by bank card through Stripe, PayPal, PayPal Pay in 4 where that service is available, bank transfer for certain business customers, or any other expressly accepted means of payment.

The Stripe and PayPal services are subject to those providers' own terms. Whether PayPal Pay in 4 instalment payment is granted depends in particular on eligibility and acceptance by PayPal; LIGHTON does not guarantee that it will be accepted.

ARTICLE 10 - B2B PAYMENT TERMS

Unless special terms have been expressly granted, business orders are payable in cash. LIGHTON may grant certain business customers a payment period or a credit limit, stated on the quotation, the confirmation, the invoice or any applicable commercial document.

LIGHTON may review the facilities granted in the light of the customer's situation or of payment incidents.

ARTICLE 11 - B2B LATE PAYMENT

Any late payment automatically gives rise, without prior reminder, to late-payment penalties in accordance with the French Commercial Code. The rate is equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by ten percentage points, and may not be lower than the statutory minimum.

A business customer in default is also automatically liable for a fixed indemnity of €40 for recovery costs. Where the costs actually incurred are higher, LIGHTON may claim additional compensation on production of supporting evidence, under the conditions provided by law.

LIGHTON may suspend orders in progress, withdraw payment facilities and require cash payment for any new order.

ARTICLE 12 - RETENTION OF TITLE

LIGHTON retains ownership of the products until the price, charges and ancillary costs have been paid in full. This retention of title does not affect the applicable rules on transfer of risk.

ARTICLE 13 - DELIVERY

LIGHTON offers several delivery methods, the availability of which may vary according to the destination, weight, volume and the order itself. Depending on the options available, the following may be offered:

• economy delivery to a Pickup Point or Locker;
• standard home delivery;
• express delivery to a Pickup Point;
• express home delivery.

LIGHTON works in particular with Mondial Relay for economy and standard solutions and with Chronopost for fast and express solutions. LIGHTON may change, add or remove a carrier or a logistics service.

ARTICLE 14 - DELIVERY CHARGES AND FREE-DELIVERY THRESHOLD

Delivery charges are stated before final confirmation. They may vary according to the order value, the service chosen, the destination, the weight or the volume and, where applicable, the customer's category.

The applicable rates are those displayed on the website or communicated to the customer when the order is placed.

LIGHTON may offer free economy delivery above a minimum order value. The applicable threshold is the one displayed on the website and in the basket when the order is placed.

Where a customer qualifies for free economy delivery but chooses a higher, faster or home delivery service, LIGHTON may charge only the supplement corresponding to the service chosen. Rates, free-delivery thresholds and delivery methods may change; any such change has no effect on orders already confirmed.

ARTICLE 15 - DELIVERY TIMES

The applicable times or dates are communicated when the order is placed. Carrier service times run from the moment the parcel has been prepared and handed over to the carrier.

15.1 Consumers

LIGHTON communicates a delivery date or period in accordance with the French Consumer Code. The consumer's rights in the event of delay remain those provided for by the applicable statutory provisions.

15.2 Business customers

The times communicated to business customers are estimates, unless LIGHTON has expressly undertaken in writing to meet a binding date. A delay may give rise to compensation only under the conditions provided for by the applicable regulations or by a specific undertaking accepted by LIGHTON.

ARTICLE 16 - CARRIAGE AND TRANSFER OF RISK

16.1 Consumers

Where the carrier is proposed by LIGHTON, the risk of loss or damage passes to the consumer when the consumer, or a third party designated by the consumer other than the carrier, takes physical possession of the products. If the consumer chooses a carrier that was not proposed by LIGHTON, risk passes in accordance with the applicable statutory provisions.

16.2 Business customers

For business customers, risk passes in accordance with the applicable statutory provisions and the delivery terms agreed between the parties.

ARTICLE 17 - RECEIPT AND INSPECTION OF PARCELS

The customer is invited to check the apparent condition, the number of parcels, the condition of the products and the general conformity of the delivery. In the event of visible damage, the customer is invited to record precise reservations with the carrier and to contact LIGHTON promptly.

LIGHTON may request photographs of the parcel, the packaging, the shipping label and the product in order to facilitate handling of the claim.

The absence of reservations does not deprive the consumer of their rights and statutory warranties. Business customers are invited to report any apparent defect, quantity error or transport damage as soon as possible.

ARTICLE 18 - B2C RIGHT OF WITHDRAWAL

In accordance with the French Consumer Code, the consumer has a period of fourteen (14) days from receipt of the product in which to exercise the right of withdrawal, without having to give reasons.

The consumer informs LIGHTON before that period expires, using the form annexed hereto or any other unambiguous statement, in particular at contact@lighton-solutions.com.

After notifying the decision, the consumer has the applicable statutory period in which to return the products. Products must be returned complete, with their accessories and documentation and, as far as possible, in their original packaging.

The consumer may handle the product only as necessary to establish its nature, characteristics and proper functioning. The consumer may be held liable for any diminished value resulting from handling beyond what is necessary.

Except in the case of a defect covered by a warranty or where LIGHTON has expressly announced that it will bear them, the direct cost of returning the goods on withdrawal is borne by the consumer. Refunds are made in accordance with the statutory conditions and time limits.

ARTICLE 19 - B2C RETURNS: FAULTY PRODUCT, ERROR OR EXCHANGE

This article covers returns independent of the right of withdrawal: a product with a defect or malfunction, a product that does not match the order, a picking or dispatch error attributable to LIGHTON, or an exchange request accepted by LIGHTON.

The customer contacts LIGHTON beforehand at contact@lighton-solutions.com or on +33 4 48 47 09 33, giving the order number, the product reference, the reason and, where helpful, photographs or videos.

Once the request has been approved and LIGHTON has communicated the return arrangements, the customer has seven (7) days in which to send back the product concerned. That period is a practical after-sales handling arrangement and in no way limits the consumer's rights under the statutory warranties.

19.1 Defect or error attributable to LIGHTON

Where the return results from a faulty product covered by an applicable warranty, or from an error attributable to LIGHTON, the return costs are borne by LIGHTON in accordance with the arrangements communicated.

19.2 Exchange requested by the customer

An exchange requested for a reason that is neither a defect nor an error by LIGHTON is subject to prior agreement. The product must be complete, uninstalled, undamaged and in a condition allowing it to be resold. Return costs and, where applicable, re-dispatch costs may remain payable by the customer.

ARTICLE 20 - B2B COMMERCIAL RETURNS AND SITE SURPLUS

Other than under a warranty, any return of a product by a business customer is subject to LIGHTON's prior agreement.

LIGHTON may accept, as a commercial gesture, the return of products within thirty (30) days of their receipt, in particular where they represent surplus from a building project.

To be eligible for return, products must in particular:

• not have been installed;
• not have been used;
• be complete;
• show no deterioration;
• be in a condition allowing them to be resold;
• be accompanied by their accessories and, as far as possible, their original packaging.

After inspection and acceptance of the return, LIGHTON may issue a credit note usable against a subsequent order.

Except in the case of an error attributable to LIGHTON or a product acknowledged as faulty under an applicable warranty, return costs remain payable by the business customer.

Products that are customised, manufactured or ordered specifically for the customer, or that are incomplete, damaged or unfit for resale, may be excluded from this returns policy.

ARTICLE 21 - B2C WARRANTIES

Consumers benefit from the applicable statutory warranties, in particular the statutory warranty of conformity provided for by the French Consumer Code and the warranty against hidden defects provided for by the French Civil Code.

The statutory warranty of conformity applies in particular for two (2) years from delivery of the goods, under the conditions laid down by the regulations. These warranties apply independently of any commercial warranty.

ARTICLE 22 - LIGHTON COMMERCIAL WARRANTY FOR BUSINESSES

LIGHTON grants its business customers an extended commercial warranty of four (4) years on the products concerned, from their date of purchase.

This warranty covers manufacturing defects acknowledged by LIGHTON after examination of the product or of the information provided by the customer.

22.1 Products excluded from the extended commercial warranty

The four (4) year extended commercial warranty does not apply to faceplates and finishing frames. Those products remain subject to any applicable statutory warranties and to any specific conditions stated in their documentation.

22.2 Exclusions

The commercial warranty does not cover defects, malfunctions or damage resulting from:

• incorrect installation;
• incorrect electrical connection;
• failure to comply with the instructions, guidance or wiring diagrams;
• use not in accordance with the product's intended purpose;
• a voltage, power rating or load incompatible with the technical characteristics;
• incompatibility with third-party equipment not attributable to the LIGHTON product;
• unauthorised modification, alteration, dismantling or repair;
• impact, accident or external damage;
• damp, water ingress or environmental conditions incompatible with the product's characteristics;
• normal wear and tear.

22.3 How to make a claim

Before returning anything, the business customer must contact LIGHTON and provide the invoice or order number, the product reference, a precise description of the malfunction and, where necessary, photographs or videos of the product and its installation.

LIGHTON may request further checks or the return of the product in order to determine the origin of the malfunction.

Where a defect is acknowledged as covered, LIGHTON may, depending on the circumstances, repair the product, replace it with an identical product, offer a product with equivalent characteristics if it is no longer available, or agree another appropriate solution with the customer.

Transport costs directly related to the return and replacement of a product whose defect is acknowledged as covered are borne by LIGHTON in accordance with the arrangements communicated to the customer.

22.4 Removal, refitting and call-out costs

Save for any mandatory statutory provision to the contrary or express prior commercial agreement from LIGHTON, the business commercial warranty covers the product concerned only.

In particular, it does not cover:

• fault-finding or diagnostic costs;
• travel costs;
• labour;
• the cost of removing the product;
• the cost of refitting or replacement;
• the cost of a call-out by an electrician or any other professional;
• costs relating to a building project being held up or delayed.

LIGHTON may therefore not be required to reimburse such costs on the sole basis of its four (4) year commercial warranty.

LIGHTON nevertheless retains the option of exceptionally making a goodwill gesture where the circumstances warrant it, without that gesture amounting to an admission of liability or creating a precedent for subsequent claims.

ARTICLE 23 - LIABILITY AND SPECIFIC B2B TERMS

23.1 Consumer customers

Nothing in these GTC may exclude or limit the mandatory rights afforded to consumers.

23.2 Liability towards business customers

LIGHTON is liable for direct and foreseeable loss resulting from a breach attributable to it, within the limits permitted by the applicable statutory provisions.

Save for any mandatory statutory provision to the contrary, LIGHTON may not be held liable for indirect or non-material loss suffered by a business customer, in particular loss of operating profit, loss of turnover, loss of margin, loss of custom, loss of a business opportunity, penalties claimed from the business customer by its own customer, a building project being held up or delayed, or any other indirect commercial loss.

Nothing in these GTC excludes or limits LIGHTON's liability where such exclusion or limitation is prohibited by law.

23.3 Installation and the installer's responsibility

The business customer is responsible for checking that the product is suitable for the installation for which it is intended. In particular, it is for the business customer to check the supply voltage, the permissible power rating, the nature and rating of the load being controlled, the type of wiring required, compatibility with other equipment, the dimensions and characteristics of the back box, and any specific conditions set out in the documentation.

The products must be installed in accordance with the instructions, wiring diagrams, good practice and applicable regulations. LIGHTON may not be held liable for a malfunction or damage directly attributable to incorrect installation, non-compliant use, modification of the product or failure to comply with its technical characteristics.

23.4 Delivery delays and their consequences for building projects

The delivery times communicated to business customers are estimates, unless LIGHTON has expressly undertaken in writing to meet a binding date. The business customer must take account of the times announced and of product availability when organising its site work.

Save for any mandatory statutory provision to the contrary or express undertaking by LIGHTON, a delivery delay may not give rise to the payment of costs for a site being held up, travel or labour costs, penalties applied to the business customer by its own customer, loss of operating profit or any other indirect loss.

LIGHTON nevertheless undertakes to inform the business customer as soon as possible when it becomes aware of a significant delay affecting the order.

23.5 Payment incidents and business credit limits

Payment facilities and credit limits granted to a business customer do not constitute an acquired right.

In the event of late payment, non-payment, an authorised credit limit being exceeded, or a significant deterioration in the customer's financial situation likely to jeopardise settlement of the sums due, LIGHTON may, under the conditions permitted by the applicable regulations, suspend the preparation or dispatch of new orders, reduce or withdraw the credit limit granted, require settlement of the sums due, and make future orders subject to cash payment.

The late-payment penalties and the fixed recovery indemnity provided for in these GTC remain applicable.

23.6 Trading terms, discounts and partner statuses

Business discounts, specific rates, partner statuses, turnover targets, year-end discounts or rebates and other commercial benefits are set out in the specific trading terms communicated to the business customer.

They are not permanent components of these GTC and may change in line with LIGHTON's commercial policy. Where an agreement or special terms have been expressly accepted between LIGHTON and a business customer, they prevail over these GTC in respect of the provisions from which they depart.

ARTICLE 24 - FORCE MAJEURE

Neither party may be held liable for a delay or failure to perform resulting from an event having the characteristics of force majeure within the meaning of French law. The affected party shall inform the other as soon as possible. Where the impediment is temporary, the obligations concerned are suspended for its duration, subject to mandatory provisions.

ARTICLE 25 - INTELLECTUAL PROPERTY

The LIGHTON trade mark, logos, graphic elements, photographs, images, texts, catalogues, technical data sheets, documentation and website content are protected. Any unauthorised reproduction, representation, modification or exploitation is prohibited, save with written authorisation or under a statutory exception.

Authorised partners and resellers may use the materials supplied by LIGHTON on the terms expressly agreed.

ARTICLE 26 - PERSONAL DATA

LIGHTON processes the data needed in particular to manage accounts, orders, payments, invoicing, delivery, after-sales service and the commercial relationship, as well as for commercial communications where the legal conditions are met.

Processing is carried out in accordance with the applicable regulations, in particular the GDPR. Detailed arrangements, retention periods and data subjects' rights are set out in the website's privacy policy.

ARTICLE 27 - CONSUMER MEDIATION

In the event of a dispute, the consumer is invited to contact LIGHTON first in order to seek an amicable solution.

Following a prior written complaint that has not resulted in an amicable solution, the consumer may refer the matter free of charge to the consumer ombudsman to which LIGHTON is affiliated, in accordance with the French Consumer Code.

Ombudsman: [TO BE COMPLETED BEFORE GOING LIVE]

Address: [TO BE COMPLETED]

Website: [TO BE COMPLETED]

ARTICLE 28 - GOVERNING LAW AND DISPUTES

These GTC are governed by French law.

28.1 Consumers

Consumers benefit from the mandatory rules of jurisdiction and protection applicable to them. A consumer residing in another European Union Member State retains the benefit of the mandatory protective provisions applicable to them.

28.2 Business customers

Any dispute shall first be the subject of an attempt at amicable settlement. Failing that, and subject to the applicable mandatory rules, disputes between LIGHTON and its business customers shall be submitted to the courts having jurisdiction over LIGHTON's registered office.

ARTICLE 29 - AMENDMENT AND GENERAL PROVISIONS

LIGHTON may amend these GTC to take account of legislative, regulatory, technical or commercial developments. The applicable GTC are those accepted when the order was placed.

If any provision is held to be void or unenforceable, the remaining provisions continue to apply. LIGHTON's temporary failure to rely on a provision does not constitute a waiver of its right to rely on it later.

ANNEX - WITHDRAWAL FORM

To be used only by consumers wishing to exercise their right of withdrawal.

For the attention of: LIGHTON - Zone Industrielle Athélia - 300 Avenue des Mattes - 13600 La Ciotat - France

E-mail: contact@lighton-solutions.com

Product(s): ..........................................................................................

Order number: ..........................................................................................

Ordered on: ..........................................................................................

Received on: ..........................................................................................

Consumer's name: ..........................................................................................

Consumer's address: ..........................................................................................

Date: ..........................................................................................

Signature (only if this form is submitted on paper): ..........................................................................................