Terms of sale

Preamble

These conditions are concluded

between, on the one hand, PUNCH POWER company, recorded in: RCS Fréjus

Siret : 378 903 256 000 60

Headquarters: POLE D’EXCELLENCE JEAN-LOUIS

39 VIA NOVA - 83600 FRÉJUS

hereinafter referred to as "PUNCH POWER" Phone no.: 04 94 52 05 47 And, on the other hand, people wishing to make a purchase via PUNCH POWER website - www.punchpower.com, hereinafter referred to as "Users" or "Purchasers" or "Clients" or "You".

The present general conditions of sale available on purchase day apply without restrictions or reservations to any product presented for sale on www.punchpower.com website -hereinafter called the "Site"-. PUNCH POWER reserves the right to modify at any time the present conditions. The purchase of a good or service through this site means acceptance without reservations by the Purchasers of these conditions of sale.

Purpose

These conditions aim to define the terms of sale between PUNCH POWER and the Users, from ordering to aftersales service including payment and delivery.

These conditions concern exclusively non trading individuals or entities. Applicable conditions are those in effect on the date when purchasers order.

Prices, estimates, orders on website

Prices on website are quoted in Euros all taxes included on the date of order. They do not include processing fees, shipping and transport. Products sold on www.punchpower.com are described and presented with the greatest accuracy. Photos, texts, information or features on products in the catalogue are not contractual. The price listed in the order confirmation is the final price. Payment itself will be considered final after actual receipt of funds by PUNCH POWER.

The order can be registered on site only if users have unambiguously identified themselves by entering their email address (or site specific identifier) and password that are strictly personal. Any loss or omission should be indicated to PUNCH POWER services promptly by contacting PUNCH POWER Customer Services and filling out the contact form on the website or by calling 04 94 52 05 47.

Any order implies acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees listed below.

Users can change their basket before final confirmation, this final step formalizing contract of sale between PUNCH POWER and users.

PUNCH POWER agrees to fulfill orders received on website only to the limits of available stocks of products. If lack of product availability, PUNCH POWER commit themselves to inform users.

In some cases, including non-payment, incorrect address or other problem on users’ account, PUNCH POWER reserves the right to stop users’ orders until problem is solved.

Products offerings and prices are valid as long as they are present on wwwpunchpower.com, within the limits of available stocks. If lack of product availability, in no case PUNCH POWER’s responsibility can be incurred nor entitlement to damages claimed by clients. PUNCH POWER will propose the possible replacement of the ordered product by a similar product at the same price, or expectation of return in stock or refund.

Unless otherwise agreed, any changes to their order by customers may be considered only if it addressed in writing to PUNCH POWER before actual receipt of amount.

Assuming that changes would not be accepted by PUNCH POWER, money paid by customers will be refunded. PUNCH POWER reserves the right to cancel or refuse any order from clients with whom there is a dispute over payment of a previous order.

Payment - Secure Transactions Settlement

Products and participation in shipping fees are payable on order.

Customers can make their payment:

• By credit card
• By cheque. In such cases, orders will be confirmed upon cheque receipt along with a copy of an identity paper.

An order paid by cheque or cash order to pay will be treated only upon receipt of payment, immediately cashed. Payments will be made to PUNCH POWER and will be sent to the following address: PUNCH POWER, POLE D’EXCELLENCE JEAN-LOUIS, 39 VIA NOVA, F - 83600 FREJUS

Customers payments will be given to the bank on the day products are shipped to customers or on the day of first shipment in the case of multiple shipments.

In the case PUNCH POWER is unable to ship part of the order, payment made by clients will be reduced before being cashed by the amount of non shipped goods and by the possible increase in shipping costs associated with it.

When transaction is settled, clients are automatically connected to payments processing center server.

Data bank, protected by encoding, do not go through PUNCH POWER systems (and are therefore not kept).

Customers wishing not to make their payment online can pay by cheque, via our telephone advisers. They are then asked to call them to communicate necessary information to pay their orders on: 04 94 52 05 47 - Monday to Friday from 9:00 a.m. to 6:00 p.m.

Transfer of ownership

The transfer of goods ownership to the customers’ benefit is suspended until payment in full. In case of non-payment customers of all or part of the order amount, and until full payment, PUNCH POWER reserves the right of ownership on the goods sold, allowing to repossess those goods, under conditions established by contract, even in cases of insolvency proceedings initiated against customers, in accordance with Articles L.621-122 and following of Trade.

Delivery

Ordered products are delivered by Colissimo (24-48h + processing time) for smaller items (accessories, dietary products, etc.).

Delivery charges:

Delivery fees for Metropolitan France (including Corsica) and Monaco are based on weight submitted to Colissimo tariff in effect and offered from 50 € purchase on website items. For deliveries outside Metropolitan France and for other items, delivery charges are automatically calculated when order is confirmed, based on weight and / or country of destination.

In case of exceeding delivery deadline specified in the order summary and not due to force majeure as defined by case law, customers have the option of fully or partially cancelling their order by contacting Customer Services in "Customer Area", by calling 04 94 52 05 47 - Monday to Friday from 9:00 a.m. to 6:00 p.m., or by sending a registered letter with notification of receipt within a maximum period of 60 (sixty) working days after the expiry of indicated delivery deadline. The registered letter has to be sent to the following address:

PUNCH POWER, POLE D’EXCELLENCE JEAN LOUIS, 39 VIA NOVA - F - 83600 FRÉJUS

For orders with multiple items, only the longest delivery deadline is taken into consideration.

Under the law, a cancellation of order by customers will not be taken into account by PUNCH POWER assuming product delivery took place between sending and receiving the letter.

Customers will be refunded within 30 days after receiving their request via Customer Services or their registered letter with notification of receipt by PUNCH POWER.

Customers agree when ordering to submit any necessary information for delivery to ensure proper performance (and particularly their phone no. where carrier can reach them during the day).

Customers agree, for themselves or for the order recipient, to take delivery of goods at the address provided when ordering.

In case of problems: damaged guarantee bands (tape), broken packages, missing or damaged products, ... customers will mention all reservations corresponding to their observations onto delivery sheet, will make delivery man co-sign and will keep a copy of the document.

N. B. : These reservations must be very precise (which product shows which damage) to be taken into account. In case of transport damage observed upon delivery of products, customers must refuse delivery man damaged products and write "Refused for damage" on delivery sheet otherwise any action would be impossible.

By signing delivery receipt without specific reservations, and accepting products, customers acknowledge receipt of the goods without apparent damage on delivery. Therefore, any claim related to visible damage on delivery cannot be received.

If delivery does not comply with order in quality or quantity, customers must notify PUNCH POWER, indicating order reference, by calling our phone advisors on 04 94 52 05 47 - Monday to Friday from 9 am to 6 pm, or by contacting site services or by writing to:

PUNCH POWER, POLE D’EXCELLENCE JEAN LOUIS, 39 VIA NOVA - F - 83600 FRÉJUS

- Right of withdrawal

Pursuant to Article L.121-20 et seq of the Consumer Code, you have a period of 7 days from the date of delivery of your order, to return any items you do not fit in its original packaging and in good condition, at its own re marketing and request an exchange or refund without penalty, except the cost of return.

To ensure the proper management of returns, you must report back to our customer service: - Either by connecting to the site under Contact us - either by contacting us by phone. A return number will then be assigned. In the case of the right of withdrawal, you can request either a refund of amounts received, or an exchange of an amount equivalent to payments made or, where appropriate, with an additional bank in accordance with legal force. This right of withdrawal is exercised without penalty. However, the cost of perfect back are your responsibility. You must ensure that the order for which you retract is returned complete.

In return, we recommend you over-pack the original packaging of your products because we can return the goods returned in their entirety (accessories, coupon warranty, manuals, etc. ...), cover their packaging, all to be intact and undamaged.

The refund or exchange assume you do not damage the product or that you did not return incomplete.

In case of exercising the right of withdrawal, we will make every effort to reimburse you within 15 days of receipt of return. However, given the specific nature of products sold, this period may be extended to 30 days, especially when the product requires a technical audit by our customer service (these products to be in all cases tested). You will then be reimbursed by the system of re-appropriation (secure transaction) if paid by credit card or check in other cases.

Privacy Policy

In accordance with the law and freedoms of 6/01/78, you have a right to access and rectify data concerning you. Thereafter, you can be informed of our various offers by email. If you do not want, just let us know (indicating your name and address) by email or paper mail.

The customer data is kept confidential for a period of 2 years from the last site visit.

Warranties

All items are subject to a legal guarantee of conformity (L211-1 of the Consumer Code) and a guarantee against hidden defects (article 1641 of the Civil Code) permitting him to return the defective items delivered.

Except in cases of statutory warranty, all operations between the POWER PUNCH and users, not challenged within 6 months, can give rise to a claim.

For technical products, this warranty covers replacement parts, warranties of parts, labor, transportation parts, replacement (if unable to repair recognized by the manufacturer or, if the repair was too expensive replacement with the same model or similar model). It also excludes failures related to poor connection of the device or failure to comply with instructions for use, shock, failure to use or maintenance or causes external equipment (lightning damage water, etc..).

Article L211-4 of the Consumer Code

The seller must deliver goods in conformity with the contract and liable for defects of conformity which exists at the issue. It also responds defects of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or has been done under his responsibility.

Article L211-5 of the Consumer Code

To comply with the contract, the property must:

1 º To be fit for use normally expected of a similar asset and, if applicable:

• Match the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model;
• Have the qualities that a buyer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2 º Or have the characteristics defined by mutual agreement by the parties or be fit for any particular purpose for which the buyer made known to the seller and the latter accepted.

Article L211-12 of the Consumer Code

The action resulting from the lack of conformity lapse two years from delivery of the goods.

Article 1641 Civil Code

The seller must guarantee due to latent defects of the thing sold which render it unfit for use for which it was intended or which so diminish the use that the buyer would not have acquired, or n ' would have given a lesser price if he had known.

The products sold on the website comply with the regulations in force in France. Responsibility PUNCH POWERne not be incurred for non compliance of the country where the goods are delivered, it is the Customer to verify.

APPLICABLE LAW AND JURISDICTION
These conditions are subject to French law.