TERMS AND CONDITIONS OF SALE

Article 1 – Definitions

These Terms and Conditions of Sale (hereinafter referred to as the "Terms") are provided by the CALYZIA brand.

The following definitions shall apply:

"Website": the website https://calyzia.com and all of its pages, exclusively owned by the Company.

"Products" or "Services": all products (physical goods) and services that may be purchased or subscribed to through the Website.

"Seller": CALYZIA, a legal or natural person offering its Products or Services on the Website.

"Customer": any individual or professional who purchases Products or Services on the Website.

"Consumer": in accordance with the applicable definition, any natural person acting for purposes outside the scope of their commercial, industrial, artisanal, or professional activity.

Any person visiting the Website and interested in the Products and Services offered by the Seller is invited to carefully read these Terms before placing an order on the Website and to print and/or save them on a durable medium.

The Customer acknowledges having read and fully accepted these Terms.

Article 2 – Application of the Terms and Purpose of the Website

The Seller reserves the right to modify these Terms at any time by publishing an updated version on the Website.

The Terms applicable to the Customer are those in effect on the date the Customer places an order on the Website.

Legal information concerning the Website's hosting provider and publisher, the collection and processing of personal data, and the terms of use of the Website are provided in the Website's Terms of Use, Legal Notice, and Privacy Policy.

The Website offers online sales of products and accessories.

The Website is freely accessible to all Customers. The purchase of a Product or Service requires the Customer's acceptance of these Terms in their entirety, and the Customer acknowledges having read and understood them.

Such acceptance may, for example, be demonstrated by checking the box corresponding to a statement such as: "I acknowledge that I have read and accepted all of the Website's Terms and Conditions." Checking this box shall have the same legal effect as a handwritten signature by the Customer, where applicable.

Acceptance of these Terms requires the Customer to have the legal capacity necessary to enter into a contract. If the Customer is a minor or lacks such legal capacity, they declare that they have obtained authorization from a parent, guardian, legal representative, or other authorized person.

The Customer acknowledges the evidentiary value of the Seller's automated recording systems and, unless they can provide evidence to the contrary, agrees not to dispute such records in the event of a dispute.

Any order for Products constitutes the Customer's unconditional acceptance of these Terms, which shall prevail over any other document, including catalogs, advertisements, or notices, unless expressly agreed otherwise in writing in advance by the Company.

Article 3 – Customer Service

Customer service for the Website can be contacted by email at support@calyzia.com, through the contact form, or by postal mail at the address indicated in the Legal Notice.

The Customer should include their first name, last name, the subject of their request, and their order number in their email.

For professional inquiries, including partnerships, media inquiries, or business proposals, the Company may only be contacted by email at support@calyzia.com.

Article 4 – Order Process and Description of the Purchasing Process

The Products and Services offered are those listed in the catalog published on the Website. Each Product is accompanied by a description provided by the Seller based on information supplied by the relevant supplier.

The photographs displayed on the Website are for illustrative purposes only and are not contractually binding. Products may vary slightly from the models shown in photographs due to differences in screen and camera settings, lighting conditions, photography angles, and other factors.

The term "Cart" refers to the virtual shopping cart containing all Products or Services selected by the Customer for purchase.

To place an order, the Customer selects the Product(s) they wish to purchase and adds them to their Cart. The contents of the Cart may be modified at any time before the order is finalized.

1. The Customer places an order through the Website by entering and confirming their order.

2. To place an order, the Customer selects one or more Products from the Website's catalog by clicking "Add to Cart." On the Cart page, the Customer may review the details of their order and correct any errors before confirming it.

3. On the "Information" page, the Customer enters their contact information. They may choose to receive order updates by email by checking the relevant box.

4. On the "Shipping" page, the Customer selects the available shipping method.

5. On the "Payment" page, the Customer enters their payment information and billing address. The Customer may also enter a promotional code if applicable.

6. A complete summary of the order is displayed. The Customer may modify any part of the order before finalizing it. The Customer is responsible for any errors relating to the order, Products, or contact information.

7. The sale is validly concluded when the Customer confirms the order by clicking "Complete Order," accepts these Terms, and completes payment using their chosen payment method, subject to any applicable statutory cancellation or withdrawal rights.

The order validation date corresponds to the date on which the Seller receives the full payment due for the order.

Article 5 – Prices and Payment Methods

Unless otherwise stated, prices displayed in the catalog are expressed in Euros (€), including applicable taxes, and excluding any applicable shipping or handling fees.

CALYZIA reserves the right to pass on any changes in applicable tax rates to the prices of Products or Services.

The Seller also reserves the right to modify prices at any time. However, the price displayed in the catalog on the date the order is placed shall be the price applicable to the Customer.

Customers may place orders through the Website and pay by credit/debit card, Bancontact, Apple Pay, or PayPal.

Card payments are processed through secure transactions provided by an online payment service provider.

The Website does not have access to the Customer's payment details. Payment is processed directly through the relevant bank or payment service provider.

In the event of payment by bank transfer, shipping times referred to in the "Shipping" section of these Terms shall begin only once the Seller has effectively received the payment, which the Seller may establish by any appropriate means.

Product availability is indicated on the Website on each Product's description page.

CALYZIA will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. Computerized records shall be considered by the parties as evidence of communications, orders, payments, and transactions carried out between them.

Article 6 – Shipping and Delivery

Shipping costs will be displayed to the Customer before payment is completed.

The Website does not impose geographical shipping restrictions, and orders may be shipped worldwide.

Delivery times displayed during the ordering process are estimates and may be affected by postal service delays or other circumstances beyond the Seller's control, including severe weather, public events, transportation disruptions, or other exceptional circumstances.

For deliveries outside the European Union and to overseas territories, the Customer is considered the importer of the Product and acknowledges that the Seller may be unable to provide accurate information regarding customs duties, import taxes, or other fees applicable in the destination country.

Unless otherwise stated on the Website during checkout or in the description of the Products ordered, the Seller undertakes, where applicable, to deliver Products within a maximum period of thirty (30) days following the conclusion of the contract with a Consumer.

For deliveries made directly to the Customer, the Customer may refuse a package at the time of delivery if they notice an issue such as visible damage, missing Products, a damaged package, or broken Products.

Any such issue must be noted on the delivery receipt in writing and signed by the Customer.

To exercise the right to refuse delivery, the Customer should open the damaged or defective package in the presence of the carrier and request that the damaged goods be returned.

For deliveries made to a mailbox, the Customer agrees to inspect the package immediately and contact CALYZIA customer service if any issue is identified.

If the Customer fails to follow these procedures, the Seller may be unable to accept a subsequent refusal request relating to visible delivery damage.

If a Customer's package is returned to the Seller by the postal service or another carrier, the Seller will contact the Customer once the returned package has been received to determine how to proceed.

If the Customer mistakenly refused the package, they may request that it be shipped again after paying the applicable shipping costs. Shipping costs remain payable even where shipping was initially offered free of charge.

In the event of an incorrect delivery or exchange, where a statutory withdrawal right applies, any Product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition.

Any damage resulting from improper handling or misuse by the Customer shall not be attributable to the Seller.

If delivery is delayed beyond the date or period indicated to a Consumer at the time of purchase, or, where no delivery date or period was provided, beyond thirty (30) days following the conclusion of the contract, the Consumer may, where applicable, terminate the sale in accordance with applicable law after formally requesting the Seller to complete the delivery.

Where applicable, the Customer will be refunded the amounts paid within the legally required period.

This provision does not apply where the delay is attributable to force majeure.

Special case: Tracking indicates "Delivered" but the package was not received

If the Customer informs the Seller that a package has not been received despite the tracking information indicating that it has been "Delivered," Customer Service may request additional information and, where applicable, an official document or confirmation from the postal service relating to the tracking number.

The Seller will then make reasonable efforts to resolve the situation and may, where appropriate, offer to resend the Products at its own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

Where applicable under consumer protection laws, a Consumer has fourteen (14) days from the date of receipt of their order to exercise their statutory right of withdrawal.

The Consumer must return any Product they do not wish to keep and may request an exchange or refund without penalty, except for applicable return shipping costs.

The Product must be returned in perfect condition, in its original packaging or blister packaging where applicable, and must not have been used.

A model withdrawal form is provided below for orders placed through the Website.

The Customer is responsible for return shipping costs when exercising the right of withdrawal, unless otherwise required by applicable law or expressly stated by CALYZIA.

Customers are advised to use a return method that provides shipment tracking.

If the returned package cannot be located by the postal service due to the absence of tracking, the Seller may be unable to initiate an investigation.

Refunds will be made using the same payment method used for the original transaction, unless the Customer expressly agrees to another method and provided that the refund does not result in additional costs to the Customer.

The Seller may defer the refund until the returned Product has been received or until the Customer provides evidence that the Product has been shipped back, whichever occurs first where permitted by applicable law.

If the value of the Products has decreased due to handling beyond what is necessary to establish their nature, characteristics, and proper functioning, the Customer may be held responsible for such depreciation where permitted by law.

Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To:
CALYZIA

I/We () hereby notify you of my/our () withdrawal from the contract concerning the sale of the following goods:

Order Number:

First Name / Last Name:

Phone Number:

Email Address:

Postal Address:

Reason for the request:

• Exchange (*) – please specify the desired Product

• Refund (*) – please provide the required payment details where applicable

Customer Signature(s)
(Only required if this form is submitted on paper.)

Date:

() Delete as appropriate.*

Article 8 – Product Warranties

Statutory Warranty of Conformity

The statutory warranty of conformity applies independently of any commercial warranty that may be offered.

The Seller is required to provide Products that conform to the contract entered into with the Consumer and to be responsible for defects in conformity existing at the time the Product is delivered.

Where applicable under consumer protection laws, the Consumer may request repair or replacement of a defective or non-conforming Product, subject to applicable legal conditions and limitations.

Statutory Warranty Against Hidden Defects

Where a Product delivered is affected by a hidden defect that renders it unfit for its intended use or substantially reduces its usefulness, the Customer may exercise the rights provided under applicable law.

In the event of a confirmed defect or non-conformity, the Product may be returned to the Seller for inspection and, where appropriate, replacement.

If replacement is impossible, for example due to discontinued Products or lack of stock, the Customer may be refunded the amount paid, subject to applicable law.

Where the Seller is responsible for the defect, applicable return and replacement costs may be borne by the Seller.

Article 9 – Liability

The Seller CALYZIA shall not be liable for failure to perform the contract resulting from an event of force majeure.

With regard to purchased Products, the Seller shall not be liable for indirect damages, business interruption, loss of profits, damages, or expenses arising from the use of the Products, except where otherwise required by applicable law.

The selection and purchase of a Product or Service are made under the Customer's responsibility.

The inability to use a Product, including due to incompatibility with the Customer's equipment, shall not entitle the Customer to compensation, refund, or liability on the part of the Seller, except in cases involving a proven hidden defect, non-conformity, defect, or an applicable statutory right of withdrawal.

The Customer expressly acknowledges that they use the Website at their own risk and under their sole responsibility.

In any event, CALYZIA shall not be liable for:

• Any direct or indirect damage, including loss of profits, loss of revenue, loss of customers, or loss of data arising from the use or inability to use the Website;

• Any malfunction, unavailability, improper use, or incorrect configuration of the Customer's computer or device, or the use of an unsupported or outdated browser;

• The content of advertisements or external links and sources accessed by Customers through the Website.

The Seller shall therefore not be liable where Product characteristics differ from the images displayed on the Website or where such images or descriptions contain errors or omissions.

Article 10 – Force Majeure

In accordance with applicable law, force majeure refers to events beyond the reasonable control of the parties that could not reasonably have been anticipated, avoided, or overcome, and which make the performance of contractual obligations impossible.

The occurrence of a force majeure event shall automatically suspend the performance of the order for the duration of the event.

If a force majeure event continues for more than ninety (90) calendar days, either party may terminate the order and the corresponding sales contract by written notice.

The termination shall take effect upon receipt of the relevant notice.

In such circumstances, neither party may claim damages, unless otherwise agreed between the parties or required by applicable law.

Article 11 – Intellectual Property Rights

All elements of the Website belong to the Seller or to authorized third parties, or are used by the Seller with the permission of their respective owners.

All texts, comments, works, illustrations, images, visual and audio content reproduced on the Website are protected by applicable copyright, trademark, image rights, patent, and other intellectual property laws.

No person is authorized to reproduce, exploit, redistribute, or use any element of the Website, even partially, for any purpose without prior written authorization.

Any direct or hypertext link to the Website is prohibited without the Company's express written authorization. Any link previously authorized may be required to be removed upon request by the Company.

Only use of the Website for personal and private purposes is permitted, subject to any applicable intellectual property restrictions.

Any total or partial reproduction of the Company's catalog is strictly prohibited without prior authorization.

Any unauthorized use may constitute intellectual property infringement and may result in legal action.

Any reproduction, representation, adaptation, or use of logos, textual content, graphic elements, images, or videos, without limitation, is strictly prohibited without prior authorization.

Any Customer found to have infringed intellectual property rights may have their account terminated without prior notice or compensation, without prejudice to any further legal proceedings that may be initiated by the Seller or its representatives.

The trademarks and logos displayed on the Website may be owned by CALYZIA or by one of its partners.

Any unauthorized reproduction, representation, distribution, or use may result in legal action under applicable intellectual property laws.

Article 12 – Processing of Personal Data

The Company collects Customer data for the following purposes:

1. To process and manage the Customer's order on the Website;

2. To contact the Customer regarding Company-related matters, including Product updates and customer relationship management;

3. To collect information that enables us to improve the Website and our Products, including through the use of cookies.

The collected data may be processed by the Website's contracted service providers responsible for packaging and distributing ordered Products, as well as by the hosting provider Shopify Inc., whose systems are protected by appropriate security measures.

Collected data will be retained only for as long as necessary to fulfill the purposes described above and, where applicable, for a maximum period of five (5) years, subject to any longer retention period required by law.

In accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable, Customers may have rights to access, modify, correct, delete, or object to the processing of their personal data.

Customers may exercise their rights by contacting support@calyzia.com.

Article 13 – Comments and Other User Submissions

If the Customer submits ideas, suggestions, proposals, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), whether requested by the Company or not, the Customer grants the Company the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use such Comments in any medium.

The Company is not and shall not be required to:

1. Maintain the confidentiality of Comments;

2. Pay compensation for any Comments provided;

3. Respond to Comments.

The Company may monitor, edit, or remove content that it determines, at its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.

The Customer agrees that their Comments will not violate any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights.

The Customer agrees not to submit Comments containing unlawful, defamatory, offensive, or obscene content, or any computer virus or other malicious software that could affect the operation of the Website or related websites.

The Customer agrees not to use a false email address, impersonate another person, or otherwise mislead the Company or third parties regarding the origin of their Comments.

The Customer is solely responsible for the Comments they publish and for their accuracy.

The Company assumes no responsibility and accepts no liability for Comments posted by the Customer or any third party.

Article 14 – Severability of Provisions

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable for any reason, that provision shall be considered severable from these Terms and shall not affect the validity or enforceability of the remaining provisions.

These Terms replace all prior or contemporaneous written or oral agreements.

The Terms may not be assigned, transferred, or sublicensed by the Customer.

A printed version of these Terms and any notices provided electronically may be used in judicial or administrative proceedings relating to these Terms.

The parties agree that correspondence relating to these Terms shall be conducted in English where appropriate for the English-language version of the Website.

Article 15 – Governing Law and Mediation

These Terms and Conditions of Sale shall be governed by and interpreted in accordance with Estonian law, subject to any mandatory consumer protection laws that may apply.

The Website reserves the right to initiate criminal proceedings against any attempt to make a fraudulent purchase or use a prohibited, blocked, stolen, or falsified payment card or other fraudulent payment method. In such cases, no amicable settlement attempt shall be required.

The invalidity or unenforceability of any provision of these Terms shall not affect the validity of the remaining provisions and shall not release the Customer from their contractual obligations.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, subsidiaries, successors, assigns, directors, agents, service providers, attorneys, suppliers, and employees from and against any claim or demand, including reasonable attorneys' fees and court costs, made by any third party arising out of or relating to your use of the Website or our Products and Services, your violation of these Terms, or your breach of any representations, warranties, agreements, acknowledgments, or obligations contained herein.

Domestic or cross-border disputes arising in connection with the validity, interpretation, performance, non-performance, interruption, or termination of this contract may, where applicable, be submitted to mediation at the Customer's request.

Where applicable, Customers may consult the European Commission's online dispute resolution resources for information concerning available dispute resolution mechanisms.

A dispute may not be considered for mediation where:

• The Customer has not first attempted to resolve the dispute directly with the Company through a written complaint;

• The request is manifestly unfounded or abusive;

• The dispute has already been examined or is currently being examined by another mediator or court;

• The Consumer submits the request more than one year after submitting their written complaint to the Company, where such a limitation applies;

• The dispute falls outside the mediator's jurisdiction.

Mediation is free of charge for the Customer where provided by the applicable mediation system.

If the Customer chooses to use a lawyer, third party, or expert at any stage of the mediation process, the Customer shall be responsible for their own costs unless otherwise required by applicable law.

The mediator shall remain independent and shall not receive instructions from either party or be compensated based on the outcome.

Participation in mediation does not prevent either party from bringing proceedings before a competent court where permitted by law.

The parties remain free to submit their dispute to a court in accordance with applicable legal provisions. Where applicable, disputes shall be submitted to the competent Estonian court, subject to mandatory consumer jurisdiction rules.

The Website reserves the right to initiate criminal proceedings against any fraudulent purchase attempt or any use of a prohibited, blocked, stolen, or falsified payment card, check, or other payment method. In such cases, no amicable settlement attempt shall be required.

The invalidity or unenforceability of any provision of these Terms shall not affect the validity of the remaining provisions and shall not release the Customer from their contractual obligations.

Product Warranty

The warranty is limited to 30 days from the date of purchase, under normal conditions of use and excluding failures caused by external factors.

Under these conditions, the Seller agrees to replace the defective Product where applicable.

All rights reserved – July 1, 2022

CALYZIA

+13024855921