The Active Pilot Marketplace website (hereinafter the "Site") aims to connect buyers, consumers, and professionals (hereinafter "Buyer(s)") with professionals, producers, and merchants (hereinafter "Seller(s)"), for the purpose of concluding a sales contract, formalized by an order.

The Site is made available to Buyers and Sellers by the company CIXI, a Société par Actions Simplifiée with a capital of €1,042,907, registered with the Annecy Trade and Companies Register under number 821 036 514, whose registered office is located at 7 chemin de Beaulieu 74940 Annecy, represented by Pierre Francis. The intra-community VAT number is FR 00 821 036 514. CIXI acts as an intermediary between them (hereinafter the "Intermediary") and a platform operator; it is therefore a third party to the sales contract concluded between the Buyer and the Seller(s).

These general terms and conditions (hereinafter "General Terms") constitute:

• General Terms of Use concluded with the Intermediary, for the part relating to the general operation of the website;
• General Terms of Sale concluded with the Sellers, applicable as a supplement: in principle, the Buyer must refer to the general terms and conditions of sale of the Seller(s) from whom they place an order for each product. However, if these are not published by the Seller(s) or are silent on certain aspects, the general terms and conditions of sale below shall apply by default.

These General Terms are accessible and printable at any time via a hyperlink available on the Site's homepage.

1. Account Creation

The Buyer can place an order whether or not they create an account.

Creating an account allows the Buyer to track current orders, manage information and addresses without having to re-enter them for each new order, and benefit from purchase history to save time on subsequent orders. It requires the Buyer to provide their identity, which they certify as accurate.

A Buyer who has not created an account will only be able to track their order via email.

When creating an account, the Buyer is asked to choose login credentials, which they must not disclose to third parties, otherwise they assume all consequences. Any access and actions carried out from a Buyer's account will be presumed to be carried out by that Buyer, insofar as the Intermediary and the Seller(s) are not obligated and do not have the technical means to verify the identity of the persons accessing the account.

The information provided by the Buyer during registration must be complete, accurate, up-to-date, truthful, and free from any misleading character. The Intermediary and the Sellers reserve the right to ask the Buyer to confirm, by any appropriate means, their identity, eligibility, and the information provided. The Buyer undertakes to update this information in their account without delay in case of modifications, so that it always meets the above criteria. In particular, the Buyer must provide specific certification for the delivery address indicated in their account.

2. Buyer's Legal Capacity

By accepting these General Terms, the Buyer declares to be a natural person, at least 18 years old or holding parental authorization allowing them to place an order on the site, or a legal entity, and to have the legal capacity.

3. Order Formation Process

To place an order, the Buyer, after filling their virtual cart by indicating the selected products and desired quantities, clicks on the "Order" button; they are then invited to enter various information and pay for their order. The Buyer has two options to pay for their order:

• By bank transfer
• By credit card, using the Stripe payment system

The available payment methods are detailed in Article 10.

Before clicking on the "Confirm order" button, the Buyer has the opportunity to check the details of their order and its total price and to return to previous pages to correct any errors or modify their order.

Confirmation of the order implies acceptance of the General Terms and forms the contract; it is not possible to confirm an order without this prior acceptance.

An email acknowledging receipt of the order and its payment will be sent to the Buyer as soon as possible.

4. Suspension and/or Closure of a Buyer's Account

The Intermediary reserves the right to suspend or delete a Buyer's account in case of any breach, of any nature whatsoever, of any of the obligations under the General Terms.

The Buyer can close their account at any time, either:

• Directly from their account, using the "Delete account" feature.
• By making a request to active-pilot.admin@cixi.life.

In the first case, account deletion will be automatic. In the second case, the Seller will deactivate the account as soon as possible.

5. Liability

It is recalled that the Intermediary is a third party to the sales contract concluded between the Buyer and the Seller(s) and therefore cannot be held liable for any damage resulting from said contract.

As the product description sheets are provided by the Seller(s), the Intermediary cannot be held liable for any inaccuracies, or regarding the content present on said sheets.

Any complaint relating to the conclusion or execution of a sales contract concluded through the Site must therefore be transmitted directly to the Seller(s), who can be contacted as specified in Article 18.

The complaint will be handled directly by the Seller(s), without intervention from the Intermediary.

6. Intellectual Property

All content on the Site, whether visual (photographs, logos, etc.) or editorial (product descriptions, seller descriptions, etc.), as well as the trade names, company names, and brands represented on the Site, are the exclusive property of the Intermediary or the Seller(s).

It is recalled that the sales contract is concluded between the Buyer and the Seller(s), and that these general terms of sale are only intended to apply as a supplement, in the event that the Seller(s) have not published general terms of sale, or for aspects on which these are silent.

7. Product Description

Each product offered on the Site is accompanied by a descriptive text and one or more photos allowing the Buyer to know the essential characteristics of the product before placing the final order, in accordance with the provisions of Article L.111-1 of the Consumer Code.

All Products offered on the Site comply with current European legislation and applicable standards in France.

The Buyer will be required to carefully read the various warnings appearing on the product description sheets, particularly the various usage tips, before placing an order.

8. Product Availability

Products are offered and delivered either within the limits of available stock or with an estimated delivery date indicated on the product sheet; however, the Site does not systematically provide real-time visibility on product stock, so an order may be technically validated even if it contains unavailable products.

In such a case, the Buyer will be contacted without delay by the Seller, who will offer either a refund by bank transfer or via the Stripe payment system within fourteen days, or the replacement of the product with an equivalent product, if the Buyer accepts.

In the event that the Buyer validates an order for a product not yet available with an indicated estimated delivery date, the Buyer will be informed by email when the product becomes available. In the event of a delivery delay exceeding 30 days, the Buyer will be informed by the Seller, who will offer either a refund by bank transfer or via the Stripe payment system within fourteen days, or the replacement of the product with an equivalent product, if the Buyer accepts.

9. Pricing

The prices mentioned on the Site are indicated, for each of the products offered for sale, in euros all taxes included, excluding any delivery and transport costs.

The total amount due by the Buyer is indicated on the order confirmation page.

The Seller(s) reserve(s) the right to modify their prices at any time, while guaranteeing the Buyer the application of the price in force on the day of the order.

10. Payment Methods - Invoicing

Two payment methods are available to the Buyer on the Site.

Payment is made immediately upon order placement via the Stripe payment service. The Stripe service is independent of the Intermediary and the Seller(s), allowing the Customer to make a secure online payment by credit card, without their details being communicated to the Site or the Seller(s). You can obtain more information about this service by clicking on the following link: https://stripe.com/fr/ssa#translation

Payment is made by bank transfer to the bank account indicated on the order confirmation page. In the event that the customer chooses payment by bank transfer, the order will be considered validated once the payment has been received on the bank account provided to the customer.

The Buyer receives their invoice after validation of their payment.

11. Delivery

The terms of product delivery are set out in the "Delivery Policy" referred to in the Annex hereto.

12. Packaging

Products will be packaged in accordance with current transport standards to ensure maximum protection for the products during delivery.

Buyers agree to comply with the same standards when returning products to the Seller(s).

13. Warranties

All products supplied by the Seller benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code and the guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code.

Refunds for products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following receipt of the product by the Seller. The refund will be made by bank transfer or through the Stripe payment system, detailed in article 10.

14. Liability

It is recalled that the Intermediary is a third party to the sales contract concluded between the Buyer and the Seller(s) and therefore cannot be held liable for any damage resulting from said contract.

The Seller's liability can in no case be engaged in the event of non-performance or improper performance of contractual obligations attributable to the Buyer, particularly during the entry of their order.

The Seller cannot be held responsible, or considered to have failed in its obligations, for any delay or non-performance of one of its obligations described in these GTC, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of French courts.

It is also specified that the Seller does not control websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for information published thereon. Links to third-party websites are provided for informational purposes only and no guarantee is provided as to their content.

15. Right of Withdrawal

Time limit. The Buyer has the right to withdraw without giving any reason within thirty calendar days.

The withdrawal period expires thirty days after the day on which the Buyer, or a third party other than the carrier and designated by them, takes physical possession of the last good included in their order.

In the event that the Buyer has ordered several products via a single order leading to several deliveries (or in the case of an order for a single product delivered in several lots), the withdrawal period for each lot expires thirty (30) days after the day on which you, or a third party other than the carrier and designated by you, take physical possession of the said lot.

How to exercise. To exercise the right of withdrawal, the Buyer must notify their decision by means of an unambiguous statement, by the means of their choice (for example, letter sent by post, email). It is possible to use the model withdrawal form made available on the service-public.fr website (https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397), but this is not mandatory.

For the withdrawal period to be observed, it is sufficient for the Buyer to transmit their decision concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal 

In the event of withdrawal by the Client, the Seller undertakes to reimburse all sums paid, including delivery costs, without undue delay, and at the latest within fourteen (14) days from the date on which it is informed of the Client's decision to withdraw (Article L. 221-24 of the Consumer Code). Unless it offers to collect the Products itself, the Seller may defer reimbursement until the Products have been recovered or until the Client has provided proof of shipment of the Products, the date chosen being that of the first of these events. The Seller will proceed with the reimbursement using the same payment method that the Client used for the initial transaction, unless the Client expressly agrees that another payment method be used and insofar as the reimbursement does not incur any costs for the Client.

Return procedures 

The Client must in any event, at the latest fourteen (14) days after communicating their decision to withdraw from these GTC, return the goods to the Seller. This deadline is deemed met if the Client returns the goods before the expiry of the fourteen (14) day period.

Return costs 

The Client shall bear the direct costs of returning the goods.

Condition of the returned goods 

The Product must be returned according to the Seller's instructions and must include all delivered accessories. The Client's liability is only engaged with regard to the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this Product. In other words, the Client has the possibility to test the Product but their liability may be engaged if they perform manipulations other than those necessary.

Exclusions from the right of withdrawal 

The right of withdrawal is excluded in the following cases: 

• Provision of services fully performed before the end of the withdrawal period and, if the contract obliges the consumer to pay, the performance of which has begun with their prior and express agreement and with their acknowledgment of the loss of their right of withdrawal, when the service has been fully performed by the professional; 
• Provision of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period; 
• Provision of goods manufactured according to the consumer's specifications or clearly personalized; 
• Provision of goods likely to deteriorate or expire quickly; 
• Provision of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection; 
• Provision of goods that, after being delivered and by their nature, are inseparably mixed with other items; 
• Provision of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the professional's control; 
• Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to meet the emergency; 
• Provision of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; 
• Provision of a newspaper, periodical or magazine, except for subscription contracts to these publications; 
• Concluded during a public auction; 
• Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities that must be provided on a specific date or period; 
• Provision of digital content not supplied on a tangible medium, the performance of which has begun before the end of the withdrawal period and, if the contract obliges the consumer to pay, when: 
• • They have given their prior express consent for the performance of the contract to begin before the expiry of the withdrawal period; and 
  • They have acknowledged that they will lose their right of withdrawal; and 
  • The professional has provided confirmation of the consumer's agreement in accordance with the provisions of the second paragraph of Article L. 221-13 of the Consumer Code.

16. Governing Law

These General Terms are governed by French law.

17. Disputes

Any complaint relating to the conclusion or execution of a sales contract concluded through the Site must be transmitted directly to the Seller(s), who can be contacted:

• Through their descriptive sheet, available on the Site;
• By email to the Intermediary's address found on its shop page;
• By mail, to the Intermediary's address found on its shop page, who will forward any request (postal address).

The complaint will be handled directly by the Seller(s), without intervention from the Intermediary.

Complaints relating to the general operation of the site can be transmitted to the Intermediary:

• By email: active-pilot.admin@cixi.life
• By mail: CIXI - Active Pilot Marketplace, 315 rue de Novus Parc, 74330 Poisy, France

In the event of failure of the complaint request or in the absence of a response from the Seller or the Intermediary within 21 days, the Buyer may submit the dispute to a mediator who will attempt, independently and impartially, to bring the parties together in order to reach an amicable solution.

18. Protection of Personal Data

Any consumer has the possibility to register free of charge on the BLOCTEL telephone solicitation opposition list: https://www.bloctel.gouv.fr/.

In accordance with Law n° 2020-901 of July 24, 2020, aiming to regulate telephone solicitation and combat fraudulent calls, any professional reserves the right to solicit a consumer registered on the telephone solicitation opposition list when it concerns solicitations occurring within the framework of the execution of an ongoing contract and related to the object of said contract, including when it concerns offering the consumer products or services related or complementary to the object of the ongoing contract or likely to improve its performance or quality.

The Seller collects personal data concerning its Clients on the Site as part of the management of information requests, the management and monitoring of Accounts and contracts, the management of Product Orders and Deliveries, payment management, the proper functioning and continuous improvement of the Site, the management of rights requests arising from the GDPR and, if the Client has expressly chosen this option, sending them newsletters and commercial offers, unless the Client no longer wishes to receive such communications from the Seller.

In this regard, the Client is invited to consult the Seller's Privacy Policy accessible at the following address: https://shop.active-pilot.com/privacy-policy which will provide them with further information relating to the protection of personal data, the processing carried out via the Site, and the modalities for exercising rights.

Annex: Delivery Policy

Delivery Zone

The Products offered can only be delivered to the following Territories: Metropolitan France, European Union countries, United Kingdom, Norway, and Switzerland.

It is impossible to place an Order for any Delivery address located outside these Territories.

Products are shipped to the Delivery address(es) that the Client will have indicated during the Order process.

Shipping Time

The time required to prepare an Order and then issue the invoice, before shipping in-stock Products, is mentioned on the Site. These times do not include weekends or public holidays.

For products not available in stock, an estimated delivery date is indicated on the Site.

An email will be automatically sent to the Client when the Products are shipped, provided that the email address on the registration form is correct.

Delivery Times & Costs

During the Order process, the Seller indicates to the Client the possible delivery times and shipping options for the purchased Products. Shipping costs are calculated according to the delivery method, package weight, and Delivery address.

The amount of these costs will be due by the Client in addition to the price of the purchased Products.

Details of delivery times and costs are provided on the Site.

Delivery Issues

In the event of the professional failing to fulfill their delivery obligation, the Client may invoke Article L. 216-6 of the Consumer Code, which provides for the possibility:

• To notify the suspension of payment of all or part of the price until the professional performs, under the conditions of Articles 1219 and 1220 of the Civil Code;
• To terminate the contract, if after formally requesting the professional to make the delivery within a reasonable additional period, the latter has not performed within that period.

The contract is considered terminated upon receipt by the Seller of the letter or writing informing them of this termination, unless the Seller has performed in the meantime.

The Client can immediately terminate the contract:

• When the professional refuses to deliver the Product or when it is obvious that they will not deliver the goods;
• When the professional does not fulfill their obligation to deliver the Product by the date or at the expiry of the deadline provided for in Article L. 216-1 of the Consumer Code and this date or deadline constitutes an essential condition of the contract for the Client. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the Client before the conclusion of the contract.

When the contract is terminated under the aforementioned conditions, the Seller will refund the Client all sums paid, at the latest within fourteen (14) days following the date on which the contract was terminated.