Article 1: Preamble

These general terms and conditions are concluded between,

On the one hand,

Aquiflor SRL, registered with the Belgian Crossroads Bank for Enterprises under number BE 0644532831 and whose registered office is located at Nodebais, 22 Rue de la liberté, hereinafter referred to as "Aquishop".

And on the other hand,

The person, at least 18 years of age, having the legal capacity to contract on their own behalf or through a person with parental authority, their guardian, or their curator, wishing to make a purchase or order via the "Aquishop" website (accessible via Aquishop.com) or direct purchases, hereinafter referred to as the "buyer".

Collectively referred to as "the parties",

The last update date of the general terms and conditions is indicated at the top of this page. Aquishop reserves the right to modify or adapt these general terms and conditions of sale at any time without notice, in particular to bring them into compliance with legal and regulatory provisions.

The customer is therefore invited to consult them regularly and before placing any order. The customer is deemed to have knowledge of Aquishop's general terms and conditions at the time of contracting and to accept them without reservation.

Identification:

Company name: Aquiflor SRL

VAT: BE 0644 532 831

Trade name: Aquishop

Website: aquishop.com

Email: support@aquiflor.com

Article 2 - Purpose

These general terms and conditions of sale aim to define, exhaustively, all the terms and conditions of sale between "Aquishop" and the "buyer", from the ordering of the product or service, through to payment, delivery, the guarantee "When Aquishop illustrates its articles with images, these constitute a reflection of the goods. An error is always possible and, if there is clearly an error, Aquishop is not required to deliver the corresponding item." of the purchased products and the withdrawal of the purchased product. These conditions define all the steps necessary for placing an order through to delivery to the final recipient. The images distributed on our site are non-contractual.

The "buyer" is deemed to have knowledge of "Aquishop's" general terms and conditions at the time of contracting and to accept these general terms and conditions of sale without reservation.

In the event that one of the clauses present in the general terms and conditions of sale is declared abusive, illegal, or unenforceable due to a change in legislation, or following a legal decision that has become effective, the nullity or unenforceability will be limited to said clause and will not affect the validity of the other stipulations.

Article 3 - Offer and order

Offer

If an offer has a limited period of validity or is subject to certain conditions, it will be clearly mentioned on the Aquishop site. Aquishop always describes the products sold as completely and accurately as possible. Product offers considered by Aquishop and indicated on the product sheet as "deliverable" are valid in Belgium, Luxembourg, and France. Regarding "non-deliverable" products, the offer applies exclusively to the Belgian territory.

When Aquishop illustrates its articles with images, these constitute a faithful reflection of the goods. An error is always possible and, if there is clearly an error, Aquishop is not required to deliver the corresponding item.

Order

General

We specify that the products displayed for order on the site are subject to available stock limits, which is specified in Article 4 of these general terms and conditions.

Once payment has been received, the payment is final. All payment transactions by credit or debit card are subject to authorization by the card issuer. If your card issuer refuses your payment, we cannot be held responsible for delays in delivery and/or non-delivery of your order.

Purchase via the website with online payment and home delivery

To buy our products, the "buyer" must select them and add them to their shopping cart. Then, they can click on the "order" button to validate their purchase and begin filling in contact and billing details. At any time (except after payment), the customer has the possibility to consult and modify the content of their order.

After validating their cart, the "buyer" will be shown a summary page where they must validate their acceptance of our general terms and conditions and check the summary of their order. This summary will display the total of the buyer's purchases + total cost included). The validation of the order made by the "buyer" will only be considered final once the price of the order has been paid by the "buyer".

Once you have gone through all these steps and as soon as Aquishop has received payment transaction authorization from your credit or debit card issuer, your purchase is final. We will then send you an order confirmation by email. This confirmation email will confirm the maximum delivery time and, in the event that this time is exceeded, the possibility of canceling the order free of charge.

In the event that the buyer has not yet received an order confirmation, they can modify or cancel their order at any time.

All online payment methods accepted on our webshop are cited in Article 5 regarding terms and conditions related to price.

Reservation via the website and In-store pickup

Some of the articles offered by Aquishop cannot be delivered to your home (due to weight and transport restrictions). However, on the article's page, the "buyer" will be informed that the product is "non-deliverable" but that they can reserve it to then come and pick it up at the Aquishop store. The reservation is final after clicking the order finalization button and filling in all your contact and billing details. A link to the general terms and conditions on a durable medium is added to the confirmation email.

The articles are then gathered in the store. Products that are not in stock in the store are ordered and will be available within an indicative period of 20 working days.

Aquishop cannot be held responsible for non-preparation on time or the absence of certain products. If the order is not complete, please refer to our Article 4 on the availability of our products. Payment will be made in the store at the time of pickup. Aquishop will reserve the items for you for 10 days in its store.

Validation of your order

Any confirmation of your order or product reservation entails your adherence to these general terms and conditions of sale, without exception or reservation. All data completed by the "buyer" and the recorded confirmation will serve as proof of the transaction. You declare that you are perfectly aware of this. The order confirmation will serve as signature and acceptance of the operations carried out.

Article 4: Availability of our products

The products offered for sale online are those that appear on our website, on the day and at the precise time of consultation of the site by the "buyer" and within the limits of available stocks. Aquishop makes every reasonable effort to display product availability in real-time on its site but cannot be held responsible if a product is no longer available to fulfill the order placed by the buyer.

In the event of partial unavailability of one of our products or services, the customer will be informed by "Aquishop" as soon as possible by email or telephone. The "buyer" will have the option to modify their order or cancel it, in which case they will be refunded the amount of the value of the unavailable product (if payment has already been made).

Article 5 - Price and payment terms

Price

The prices of our products, excluding delivery costs, are indicated in euros including all taxes (VAT, RECUPEL, and other applicable taxes), unless otherwise indicated. These products take into account any rebates or price reductions granted by Aquishop.

In the event of an order to a country other than Belgium, you are the importer of the product(s) concerned. In this case, customs duties or other taxes may be payable. They will be at your expense and under your responsibility. We therefore advise you to inform yourself about this point with your relevant authorities.

Aquishop reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the current rate announced at the time of order validation. The products remain the property of Aquishop until full payment of the price. Our delivery rates are also adjusted in real-time based on the conditions of our carriers. Some packages have bulky delivery rates that require us to charge additional shipping costs.

Payment via the website

In order to guarantee the security of online payments and the protection of your personal data, transaction data is encrypted using SSL technology before being sent over the Internet. You will recognize the secure connection by SSL by the small padlock that appears in the status bar of your browser, whatever it may be. We accept the following payment methods: Visa, MasterCard, Bancontact/Mister Cash, Homebanking: Belfius Direct Net, ING Homepay, KBC/CBC online. This payment process is managed by an external service provider, Ingenico (OGONE), to guarantee optimal security and a PCI payment certificate.

In-store payment

In our stores, we accept payments in cash, Visa, MasterCard, Bancontact/Mister Cash, and Aquishop gift cards. In the case of items reserved online and picked up in-store, payment is made in-store.

Article 6 – Home delivery

The delivery zone covered by Aquishop includes Belgium, France, and Luxembourg. However, by agreement with customer service, some exceptions may derogate from our rules.

Only our products bearing the mention "deliverable product" can be delivered to your home. The delivery address will be the one indicated when ordering; all items will be delivered to you there. Transport costs are indicated explicitly alongside the article concerned. The delivery time varies depending on the article ordered, its weight, and its size. The article's delivery time is indicated before the order is placed. Aquishop will make every effort to respect its delivery times. Delivery includes only transport and hand-over of the article; it does not include the assembly of the article.

Our maximum delivery time for products ordered on the website is 4 working days within Belgian territory, and 12 working days for France, Luxembourg, Germany, and the Netherlands. These deliveries will be made to the address provided by the customer.

If Aquishop cannot deliver on time, Aquishop will notify you as soon as possible (see Article 4 on the availability of our products) and will make every effort to inform you of the delivery times of its own suppliers.

Shipments are always at Aquishop's risk. However, if it is a return of merchandise, you are responsible for transport. If the articles that we deliver to you are damaged during transport or do not correspond to the articles indicated on the delivery note or do not correspond to the articles you ordered, you must report it to us as quickly as possible and no later than 3 days after the date of delivery to the "buyer". Please contact our customer service for this.

If a delivery delay occurs, Aquishop undertakes to notify the "buyer" as soon as possible and will inform them of the duration of the delay. In cases of force majeure, the customer cannot terminate the sales contract that binds them to Aquishop. In the event of loss of a package sent by Aquishop, the customer will be refunded within 14 working days following the customer's complaint regarding the loss of the package. However, an investigation will be opened with the postal services and the carrier.

Article 7 – Right of withdrawal

In the case of an online sale

The right of withdrawal is applicable only in the case of a purchase made remotely via the website, Facebook, email, or by phone, delivery included. The right of withdrawal does not apply to a reservation via the website with in-store pickup.

The right of withdrawal implies that you have the right to renounce the purchase, it is 14 days from the delivery of the articles. During this period, the articles can be returned at the latest 14 days after notification to Aquishop of the decision to renounce the purchase, without financial penalty and without obligation of justification. Within 14 days following receipt of the articles by Aquishop, the full purchase price of the articles will be refunded to you (by bank transfer).

If you wish to return the goods as described above, you can only unpack and handle them to the extent necessary to evaluate the nature, characteristics, and functioning of the goods. If you return articles, this must be done with all accessories delivered, in the initial state, and in the original packaging.

If you wish to return goods to our physical point of sale. The direct costs of returning the goods are at your expense. If the goods cannot be returned by post, we will come and collect them from you. We will indicate the cost or provide an estimate if it is not reasonably possible to calculate it in advance.

In order to be able to exercise your right of withdrawal quickly and correctly, you can download the withdrawal form and send it to our store. If you wish to exchange the product for another product, please contact the Aquishop Customer Service. The right of withdrawal does not apply in certain specific cases as provided for by law, such as for perishable goods, living goods, and goods customized according to the customer's instructions.

For any request for withdrawal on the order placed by the buyer, we invite them to contact customer service via email (support@aquiflor.com) or via our telephone line: 010 86 03 54 or by post (see address in Article 1). The product returned by the "buyer" must be in new condition, with original packaging, accompanied by its warranty, accessories, and all parts or documents included in the product box, with a purchase invoice allowing Aquishop to validate the buyer's identity. Products that do not meet these general conditions will not be taken back by Aquishop.

In the case of an in-store sale

If you want to return or exchange a product that you bought at Aquishop (physical point of sale), it is up to the seller to determine the conditions of return or exchange.

Article 8 – Gift Voucher and Loyalty Card

Gift Voucher

The Aquishop Gift Voucher remains valid for 1 year from the date of purchase and can be used to purchase items in our physical point of sale. Once the expiration date has passed, the gift voucher can no longer be used or exchanged. The amount remaining on the gift voucher cannot be used during a future purchase. Aquishop is not responsible for indirect damage to the gift voucher (deterioration of the gift voucher). Any fraud or other unauthorized action will be recorded and will result in the prohibition of using the gift voucher and legal proceedings.

Loyalty card

When you present your loyalty card at the checkout, you receive 1 bonus point per 1 EUR spent in the physical point of sale. Your points are recorded automatically and printed on your receipt. Each time you reach 100 points, you receive a 5 EUR gift voucher valid for your next purchase in the Aquishop store. You can use this gift voucher from the first day following its receipt and it remains valid for 1 year.

Article 9 – Conformity and guarantee

All products that the consumer buys on the Aquishop site benefit from a legal guarantee of at least 2 years. If the warranty period is longer than two years, this is indicated in the article's characteristics.

Any defect must be reported to Aquishop within 1 month of discovery. After this period, any right to repair or replacement expires. If a customer notices a defective article within 7 days, it will be exchanged or refunded.

During the aforementioned period, Aquishop undertakes to replace or repair the defective article (or a part of this article) free of charge, unless this proves impossible or disproportionate.

Specifically excluded from the legal guarantee are:

all direct or indirect damage caused to the device after delivery (due for example to oxidation, shock, a fall...);

the replacement of accessories or parts that must be replaced regularly following the use of the product;

damage resulting from fire, water damage, lightning strike, accident, natural disaster;

damage caused intentionally, through negligence or following inconsiderate handling, poor maintenance, or improper use or use contrary to the manufacturer's instructions.

To invoke the warranty, you must be able to present the original invoice or proof of purchase. The warranty period takes effect at the time of delivery. The warranty can only be invoked against Aquishop. If you appeal directly to the manufacturer, any potential costs will not be borne by Aquishop.

Article 10 – Force majeure

In the event of force majeure, we are not required to fulfill our obligations. In such a case, we have the right to suspend our obligations for the duration of the force majeure. Any situation beyond our control is considered a case of force majeure. We define cases of force majeure to include, in particular, strikes, fires, malfunctions, power outages, network disruptions, and/or the potential unavailability of our website.

Article 11 – General Liability

Aquishop is not liable for errors or negligence, even on the part of engaged service providers or employees, except in cases of intentional acts or gross negligence. Aquishop's liability is always limited to direct and personal damages and can never exceed the purchase price of the product. Aquishop is not liable for any losses or damages occurring during the use of a product.

Use of the website

Aquishop cannot be held liable for any potential harm suffered by a visitor to the Aquishop website in the event of interruptions or errors in the electronic publication of the site, or in the event of an inability to access the site. This website contains links or references to other sites. Aquishop has no authority over these sites and therefore cannot be held liable for the content or characteristics of these sites, or any other form of harm resulting from their use.

Sending illegal content to and from the Aquishop website, such as threatening, discriminatory, racist, obscene, or pornographic content that violates national or international legislation, is prohibited. Aquishop is able to monitor sections of the website where users can send communications. However, Aquishop is not responsible for the content of these communications. Aquishop reserves the right to remove data sent by users from its website if such data does not correspond to the purposes of the website.

Article 12 – Intellectual Property

Information available on the Aquishop website may only be downloaded for private purposes. Any other use is prohibited. All content on this website is protected by intellectual property rights, which may be claimed by Aquishop, its suppliers, or any other rights holder.

The total or partial use of this information for commercial purposes, as well as the electronic recording of this information or its use for illegal purposes, is prohibited without the prior written authorization of Aquishop, except for the purpose of identifying products and services.

Any communication sent by the user to the Aquishop website is considered non-confidential and not subject to copyright. Aquishop is not responsible for these communications. Aquishop has the right to delete, copy, publish, distribute, incorporate, and otherwise use these communications for any useful purpose.

Article 13 – Handling of complaints, disputes, and non-conforming orders.

Certain orders fulfilled by “Aquishop” may contain missing, damaged, or non-conforming products. If the “buyer” believes that the products are defective or do not conform to their order, they may, subject to providing reasons describing the failure of the order, send their claims to Aquishop's customer service department. Our customer has a period of 14 days from delivery to address these claims to Aquishop. After this period, Aquishop will no longer provide a refund for the “buyer’s” order, nor an exchange of products or services.

For all claims regarding an exchange or refund, Aquishop will inform the buyer of its decision. If the decision is in favor of the buyer, the product must be returned to the following address: Aquishop, 22 Rue de la liberté, 1320 Nodebais. This product must be in new condition, with its original packaging, accompanied by its warranty, accessories, and all parts or documents included in the product box, along with a purchase invoice allowing Aquishop to validate the buyer's identity.

After the product is returned and an internal decision is reached, Aquishop will offer the customer an exchange of products, a full refund, or the delivery of another product similar in quality and value within 14 days following the refund or exchange request. Return shipping costs will be borne by the buyer. The exchange of the defective product will be at Aquishop's expense.

An exchange or refund cannot be made if Aquishop discovers that the failure is attributable to the buyer and results from misuse, non-compliant use, and/or modification of the product initiated by the buyer.

If you have complaints regarding our goods or services, you can contact us using the following details. For all cancellation requests, please refer to Article 5 regarding the right of withdrawal/cancellation.

• Aquiflor SRL
• 22 Rue de la liberté
• 1320 Nodebais (Belgium)
• support@aquiflor.com
• +32 (0)10.86.03.54

Customer service provides a period of 5 working days to inform the buyer of a proposed solution to the dispute. Aquishop favors an amicable settlement of any claims. Aquishop also accepts the intervention of the litigation committee (or the board of directors) regarding the Becommerce label. Belgian law is the only law applicable to this type of dispute.

However, if your complaint cannot be resolved, you may contact the Consumer Mediation Service for out-of-court settlement of consumer disputes.

Consumer Mediation Service North Gate II Boulevard du Roi Albert II 8 1000 Brussels Tel: 0032/2 702 52 00 - Fax: 0032/2 808 71 29 - E-mail: contact@mediationconsommateur.be

Website: www.mediationconsommateur.be The European Union offers a digital platform dedicated to Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/ Belgian law applies. In the event of a dispute, only the courts of Nivelles have jurisdiction.

Article 14 – Protection of privacy and processing of personal data

Aquishop collects personal data concerning the buyer (who places the order); this information is communicated on the site. It can be modified at any time, and the buyer may decide to completely delete their account via our customer service.

Aquishop firmly commits not to communicate this data to third parties; it will be used exclusively by the company’s internal services for the purpose of strengthening or personalizing newsletters, emails, or sales documents. The buyer may exercise their right to deletion directly by sending an email to support@aquiflor.com

Data Controller: Pierre-François Danse (under the responsibility of the limited liability company Aquishop). The data collected is adequate, relevant, and not excessive in relation to the purposes for which it is obtained.

Article 15 – Invalidity of a clause and evidence

In the event that one of the clauses in these general terms and conditions of sale is declared abusive, illegal, or unenforceable due to a change in legislation, or following a legal decision that has become effective, the invalidity or unenforceability will be limited to that clause and will not affect the validity of the other stipulations of the general terms and conditions.

In no case shall the invalidity of one of the clauses of these conditions affect the validity of the other clauses. Digital data stored in the computer system implemented by Aquishop will be considered as evidence of communication, orders, and payments made between the parties.

Article 16 – Store Integrity Protection Clause

Protection of the Reputation and Integrity of Aquipond.com:

Any attempt at defamation, dissemination of false information, or harassment targeting the store or its employees is strictly prohibited. We take our reputation and the integrity of our business operations very seriously. Consequently, we reserve the right to take appropriate legal action against any natural or legal person who engages in such actions.

If a customer makes public reviews or comments (including on social media, forums, online review sites, etc.) that are intentionally false or defamatory, Aquipond.com reserves the right to:

1. Demand a public retraction and an apology.
2. Initiate legal proceedings for defamation and claim damages.

By accepting these general terms and conditions, the customer acknowledges understanding and accepting this clause. Any abusive use of the communication platform aimed at unjustly harming the store's reputation will be considered a serious violation of these conditions and may result in the immediate termination of any business relationship with Aquipond.com, without prejudice to any legal action that may be taken.

Exclusion of Warranty and Liability:

We strive to provide high-quality products and services. However, in the event of a dispute, the customer is invited to contact our customer service to find an amicable solution. Any threat of negative publicity will not be tolerated as a means of pressure to obtain unjustified advantages.

Article 17 – Applicable law and jurisdiction

All of the above general terms and conditions are subject to Belgian law. In the event of a dispute, only the courts of Nivelles shall have jurisdiction for all disputes and contestations.