Terms of sale

1. GENERAL PROVISIONS / SCOPE

These terms and conditions of sale apply without restriction or reservation to all online sales offered by ATMOSGEAR on the website https://www.atmosgear.com/ (hereinafter: the "Site"). AtmosGear SAS, SIREN 909919334, is headquartered at 1 Centre Commercial de la Tour 93120 La Courneuve, France.

The Site is dedicated to the sale of detachable electric roller skates composed of a motorized frame and a pair of roller boots, together or separately (hereinafter referred to collectively or separately as the "Products").

These terms and conditions of sale (the "T&Cs") are intended to define the terms and conditions of online sales by ATMOSGEAR of Products and Services.

The T&Cs applicable to each Order are those in force on the date of order validation, to the exclusion of any other conditions. ATMOSGEAR reserves the right to modify them at any time by publishing a new version on the Site. These T&Cs can be consulted on the Site. They may be supplemented, where appropriate, by specific terms of use for certain Products or Services.

These T&Cs apply to any Order placed by an adult natural person acting as a consumer. The Customer certifies that they are a natural person over 18 years of age, acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal, or agricultural activity. They acknowledge having full capacity to commit when placing an Order and undertake to provide truthful information regarding their identity.

Expressly excluded from the scope of these T&Cs are persons acting as professionals, i.e., natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, craft, liberal, or agricultural activity, including if they act on behalf of or for another professional. Professionals who wish to place an Order with ATMOSGEAR are invited to contact us via support@atmosgear.com.

2. CONCLUSION OF THE ONLINE CONTRACT

2.1 Order Validation and Placement Process

To order a Product, the Customer must follow the steps provided for this purpose on the Site. The Customer must provide their contact details for delivery and billing. To this end, they must complete all fields marked as mandatory in the form provided. The Customer guarantees that all information they provide is accurate.

2.2 Order Confirmation

Upon completion of their order, the Customer receives an email confirmation. ATMOSGEAR reserves the right to refuse an Order for any legitimate reason.

The Customer must ensure that the contact details they provided during their order are correct and allow them to receive the email confirmation of their order. If they do not receive this, the Customer must contact ATMOSGEAR at the following contact details: support@atmosgear.com.

3. PRODUCT SPECIFICATIONS AND AVAILABILITY

3.1 Product Specifications

Before any online order and in accordance with the provisions of Article L111-1 of the Consumer Code, the Customer can learn about the characteristics of each Product on the Site. Each Product offered for sale online is described with the greatest possible precision.

ATMOSGEAR strives to publish photographic representations on the Site that are as faithful as possible to the Products. However, it is possible that the Customer's perception of the photograph of a Product does not exactly correspond to the Product itself, which the Customer admits and acknowledges. Consequently, the photographs illustrating the Products are not contractual documents and have only informative and indicative value and cannot engage ATMOSGEAR's liability.

In particular, ATMOSGEAR cannot be held responsible for issues related to color, size, or comfort of the footwear.

The Customer acknowledges having been informed of the characteristics, in particular technical, and constraints of each Product, prior to the order. They are solely responsible for the use they will make of the Product.

ATMOSGEAR provides its Customers with a Product user guide. It is the Customer's responsibility to read and comply with it.

The Customer is prohibited from modifying the ordered goods except to assume full responsibility in case of accident or malfunction.

3.2 Availability of Products and Services

Product offers on the Site are valid subject to stock availability. Adding a Product to the cart does not constitute a guarantee of the Product's availability. In the event that a Product becomes unavailable after the validation of the Customer's Order, ATMOSGEAR will inform them immediately by email and contact the Customer to offer them another Product. If the proposal does not suit the Customer, the Order will be canceled and ATMOSGEAR will refund any amount paid for the Order. However, if the Order contains other Products than the one that became unavailable, the order for these other Products will remain valid.

4. PRICE AND PAYMENT TERMS

4.1 Price

The price of each Product and Service is indicated on the descriptive page of the Product or Service. The price is shown in Euros including all taxes, excluding customs duties and shipping costs. ATMOSGEAR reserves the right to modify the prices of Products at any time, in compliance with applicable legislation.

For all products shipped outside the European Union and/or overseas territories, the price is calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These will be entirely the responsibility of the Customer (declarations, payment to the competent authorities, etc.). In this regard, ATMOSGEAR invites the Customer to inquire about these aspects with the corresponding local authorities.

Products ordered are invoiced based on the price in force on the site at the time of Order validation.

4.2 Payment Methods

Payment of the total price of the Order must be made immediately after the validation of the Order.

The Customer guarantees to ATMOSGEAR that they have the necessary authorizations to use the chosen payment method.

ATMOSGEAR reserves the right to suspend or cancel any order and/or delivery, in case of non-payment of any amount due by the Customer, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the Site.

5. PRODUCT DELIVERY

5.1 How Does Delivery Work?

The announced delivery deadlines are estimates and may vary slightly depending on external factors (e.g., shipping delays or carrier issues). However, all products currently available for purchase on the AtmosGear website are in stock and ready to be shipped. AtmosGear is a fully operational business, and customer orders are fulfilled directly from our available inventory.

5.2 Delivery Methods

Shipping and delivery costs are the responsibility of the Customer. The costs corresponding to delivery are indicated to the Customer during their order, once the delivery address has been entered.

The Customer must provide all necessary information for the effective delivery of their order according to this method.

5.3 Delivery Time

The ATMOSGEAR Product is currently in stock. The Customer acknowledges that the order will be received within 3 business days in France and 7 business days internationally from the validation of the order. The estimated delivery time appears on the delivery method choice page and in the order summary.

Once the package has been shipped, ATMOSGEAR will provide a package tracking number. It is the Customer's responsibility to carefully verify the information provided for delivery.

5.4 Reception

Upon receipt of the Product, the Customer undertakes to verify that the Product is complete and undamaged. If an anomaly is found, it is the Customer's responsibility to make a claim to the carrier within the required time frames as specified in the carrier's terms and conditions of sale. Any reservations must be mentioned on the delivery note.

6. WARRANTIES

The Customer benefits on any Product acquired from ATMOSGEAR from legal guarantees of conformity and hidden defects. In the event that the Customer finds that the Product has a defect, they must inform ATMOSGEAR as soon as possible at the contact details mentioned on the Site. ATMOSGEAR will organize with the carrier of its choice the return procedures, which it will communicate to the Customer. ATMOSGEAR will bear the costs of this return. Under the warranty, Products must be returned to ATMOSGEAR in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.

ATMOSGEAR will correct the defect. In the event that the correction of the defect is not possible, ATMOSGEAR will offer the Customer a replacement of the Product if it is available. Otherwise, ATMOSGEAR will reimburse the Customer the entire price paid for this Product and will send the Customer a return voucher, as soon as possible and no later than fourteen (14) days following the date on which ATMOSGEAR has informed them of the impossibility of replacing the Product.

It is reminded that, when acting under the legal guarantee of conformity, any consumer:

• benefits from a period of 14 days from the receipt of the product to withdraw and request a return - only if the product is still new;
• benefits from a period of 2 years from the delivery of the Product to act;
• must provide proof of the existence of the Product's conformity defect;

However, ATMOSGEAR may not proceed according to the Customer's choice if this choice entails a manifestly disproportionate cost compared to the other option, taking into account the value of the Product or the importance of the defect.

Any consumer may also decide to implement the warranty against hidden defects of the sold item under Article 1641 of the Civil Code. In this case, they can choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Not covered by the warranty are damages resulting from:

• Non-compliance with the user guide and misuse. Thus, ATMOSGEAR disclaims any warranty in this regard;
• Negligent, inappropriate, or abusive use or damage caused by poor maintenance;
• Normal wear and tear of the Product;
• Impact of violent force or willful degradation;
• Technical modification made by the user.

7. WITHDRAWAL POLICY

In accordance with Article L.221-18 of the Consumer Code, you have a period of 14 calendar days from the receipt of your order to exercise your right of withdrawal, without having to justify your decision or bear costs other than those provided for by law.

Methods of Exercising the Right of Withdrawal

To exercise your right of withdrawal, you must notify us of your decision by a clear statement (for example, a postal letter or an email) before the expiry of the 14-day period. You can use the withdrawal form made available to you or any other unambiguous statement.

You must return the product(s) concerned, at your expense, to the following address:

Return Conditions

Items must be returned in their original condition, unused, undamaged, and in their original packaging.

Products returned incomplete, damaged, or soiled by the customer cannot be accepted.

Refund

After receipt and verification of the returned items, we will proceed with the refund within 14 days following the receipt of the products, using the same means of payment as that used for the initial transaction (unless you request otherwise).

Exceptions to the Right of Withdrawal

In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for:

• Personalized goods or goods made according to your specifications.
• Products unsealed after delivery that cannot be returned for reasons of hygiene or health protection.

For any questions regarding our withdrawal policy, please do not hesitate to contact us at support@atmosgear.com.

Return of Footwear

If the shoes are not the right size, it is possible to return them. However, the return and re-shipping costs are the responsibility of the customer. Before proceeding with the return, you must send photos of the shoes via this form: https://forms.gle/JNjtoeiDRZRFArxK7, so that we can verify that they are in good condition. Once the verification has been carried out, we will provide you with instructions for the return.

8. PROTECTION OF PERSONAL DATA

In the context of the commercial relationship, ATMOSGEAR, as the data controller, collects a number of mandatory personal data (including, in particular, name, first name, delivery address, etc.) which are absolutely necessary for the processing of the Order, the management of the commercial relationship, the production of statistics, and compliance with ATMOSGEAR's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.

The Customer's failure to provide this information would make it impossible to process their Order.

This data is intended for internal use by ATMOSGEAR but may be transmitted to companies that contribute to the execution of the service, including those that ensure the delivery of Products or handle payments. Regarding this personal data, the Customer has several rights:

• Right of access to personal data concerning them;
• Right of rectification and deletion if the personal data is inaccurate, incomplete, equivocal, outdated, or if the collection, use, communication, and storage of certain data is prohibited;
• Right to limit the processing of data, provided that this request is duly justified and does not prevent ATMOSGEAR from meeting its regulatory and legal obligations;
• Right to object to the processing of data (especially in the case of processing for commercial prospecting);
• Right to formulate post-mortem directives concerning the conservation, deletion, and communication of your personal data;
• Right to withdraw consent to certain processing (processing carried out before the withdrawal of consent remains lawful);
• Right to data portability;
• Right to lodge a complaint with the CNIL.

To exercise their rights, the Customer can send a request to ATMOSGEAR, by means of a letter addressed to ATMOSGEAR at the address indicated on the site. The request must mention the Customer's email address, first and last names, postal address, and must be accompanied by a copy of their ID card (front and back). A response will be sent to them within one month from the receipt of the request.

9. INTELLECTUAL PROPERTY RIGHTS

The sales of Products and Services on the ATMOSGEAR site do not entail any transfer of intellectual property on the Products and Services sold. Trademarks, domain names, products, software, images, videos, texts, or more generally any information that is the subject of intellectual property rights are and remain the exclusive property of ATMOSGEAR. No assignment of intellectual property rights is made through these T&Cs.

10. FORCE MAJEURE

ATMOSGEAR cannot be held responsible for non-performance of its obligations under these terms in the event of an unforeseen circumstance or force majeure that would prevent execution. ATMOSGEAR will notify the customer of the occurrence of such an event as soon as possible.

11. EXCLUSION - LIMITS OF LIABILITY

ATMOSGEAR cannot under any circumstances be held responsible for losses or damages due to inappropriate use of the Product(s) by the Customer, including in particular a modification or alteration of the Product(s) not authorized by ATMOSGEAR. The Customer is solely responsible for the use they will make of the Product.

ATMOSGEAR provides products only for domestic and private use. Therefore, ATMOSGEAR is not responsible for commercial losses or damages.

12. NULLITY AND MODIFICATION OF THE T&Cs

If any provision of these T&Cs is null, it will be deemed unwritten, but will not result in the nullity of all the contractual provisions.

13. APPLICABLE LAW AND DISPUTE RESOLUTION

These T&Cs are subject to French law. In case of any difficulty, customer service is at your disposal to find an amicable solution.

In the absence of a solution found with customer service, the Customer has the option to resort free of charge to a consumer mediator in accordance with Articles L152-1 and following of the Consumer Code.

A list of approved mediators is available on the consumer mediation website accessible at the following address: https://www.economie.gouv.fr/mediation-conso

The Customer also has the possibility to file a complaint via the online dispute resolution platform (known as the "ODR" platform) accessible by means of the link below: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

In the event of failure in the appointment of the mediator or the mediation itself, the most diligent party may refer the matter to the competent court. The French courts will have exclusive jurisdiction.