General terms and conditions of sale

Preamble

toxSeek, (hereinafter "the Company")), a simplified joint-stock company, registered with the Pontoise Trade and Companies Registry under number 852 954 072, the headquarters being located in the Parc d’activités des Portes du Vexin, 5 rue Ferrié, Ennery (95300), offers via the site www.toxseek.com a pollutant screening service (see "toxSeek analyses").

This service is governed by these Terms and Conditions of Sale (hereinafter "TOS") and the Privacy Policy, to the exclusion of any other document or condition.

The Company is the exclusive distributor of the toxSeek brand.

The results of analyses contained in the Toxicology Report submitted to the Tested Person are given for information only.

Definitions

The Company designates toxSeek SAS.

The Site refers to the website accessible at

The Client refers to the natural or legal person who placed the Order.

The Tested Person refers to the physical person whose hair is collected and analysed in the laboratory.

The Product or a Product means the sampling kit that includes, depending on the chosen analysis, one or two sample tubes, one or two sampling tutorials, one or two capillary sampling measuring tools, which are ordered by the Customer and made available to the Tested Person, as described in the "toxSeek analyses" section of the site.

The Service means cumulatively: The provision of the Product by the Company; The transportation of the hair sample(s) to the toxicological analysis laboratory by the Company; The toxicological analysis of hair sample(s) carried out by toxicology laboratory or laboratories partner to the Company; The communication of the Toxicological Analysis Report to the Person tested by the Company and the possible exchange of communications between, on the one hand, the Company, and on the other hand, the Client or the Tested Person, as described on the Site. The Toxicology Analysis Report refers to the document submitted to the Person tested by the Company following the analysis of its capillary sample by the partner laboratory. This report includes, on the one hand, the toxicological analysis carried out by the partner laboratory on the capillary sample of the Tested Person and, on the other hand, an appendix drawn up by the Company of explanatory sheets relating to the toxicological elements detected on said sample. The Order means the transaction by which the Customer expresses his willingness to purchase one or more Products and the Service(s) offered by the Company in a quantity determined by the Customer and at a price fixed by the Company.

Article 1 - Purpose and Scope

This document constitutes general conditions of sale as applicable under articles 1119 of the Civil Code, L. 441-6 of the French Commercial Code and R. 111-2 of the French Consumer Code.

These Terms and Conditions are intended to govern the obligations of the Company and the Customer in connection with the sale of the Product and the performance of Service for the benefit of the Tested Person.

The Customer places the Product and Service Order on their own behalf or on behalf of the Tested Person. . In the event that the Client and the Tested Person are two different persons, then the Tested Person will, in order to benefit from the Service, create a personal account on the website

Any purchase validated by the Customer through the Site implies prior, full and unconditional acceptance of these Terms.

The Terms and Conditions applicable to the Order are those which have been made known to the Customer at the time of placing said Order. In addition, the Company reserves the right to periodically modify its Terms and Conditions.

Article 2 - Price

The price of the Product and the Service is the one indicated on the Site on the day of the placing of the Order.

Prices include VAT (Value Added Tax) applicable on the date of the Order and any change in the VAT rate is immediately applicable to prices quoted online.

Prices are quoted in Euros (€) and include the delivery charges indicated before the validation of the Order.

Delivery charges are increased by a fixed amount of twenty (20) euros to ship Products to Belgium, Luxembourg and Switzerland.

The Company reserves the right to modify its prices at any time but undertakes to apply the rates in effect indicated at the time of the Order, subject to availability on that date.

Article 3 – Order

The Customer has the possibility of placing the Order online, by filling out a form therein, for any product.

The Order is made by the Customer on the website

In order for the Order to be validated, the Customer must accept, by clicking in the place indicated, the present GTC. The Customer will also have to choose the UPS Access Point to which the Product is to be delivered and finally, validate the mode of payment.

The sale will be considered final:

After the sending of the confirmation of the acceptance of the Order by the Company to the Customer by email; And after collection of the full price by the Company. Any Order implies acceptance of prices and descriptions of the Products available for sale.

Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below.

In case of payment default, incorrect address or other problem on the Customer's account, the Company reserves the right to freeze the Customer Order until the problem has been solved. In accordance with Article 1146 of the French Civil Code, minors cannot accept these Terms or place an Order. In the event that a Customer wishes to make an Order for the benefit of a minor, then the Client warrants to the Company that he is legally entitled to contract on behalf of the minor Tested Person, whether as a parent or any other legal representative.

Article 4 - Method of payment

The placing of the Order implies a payment from the Customer.

To pay for the Order, the Customer has the means of payment accepted by the Company. This is the online payment service by bank card, MERCANET by BNP Paribas, payment by cheque in 1, 2 or 3 instalments, or bank transfer.

The Customer guarantees to the Company that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the purchase Order.

The Company reserves the right to suspend any management of the Order and any delivery in case of refusal of authorization of payment by bank card from officially accredited bodies or in case of non-payment.

The Company reserves the right to refuse to make a delivery or to honour an Order from a Customer who has not paid for a previous Order or with whom a payment dispute is ongoing.

The Company reserves the right not to accept certain foreign bank cards.

The payment of the price is made with the Order, according to the following modalities:

After having selected the desired Product(s) and Service(s) and having specified the desired number of units, the Customer declares to have read the GTCS and the Company's Privacy Policy and then selects the desired method of payment:

If paying by bank card , the Customer enters their bank card number in a secure interface managed by the provider of the Company. The Customer may receive a confirmation code (« 3D SECURE » code) on their mobile phone, which must then be entered into the interface to confirm the payment. The Company offers a secure payment solution SSL (Security Socket Layer) through the BNP Paribas MERCANET service. If paying by bank transfer, the Customer will be asked to submit their request by email to the following address: commande@toxseek.com. They will receive an invoice along with the bank details of the Company and the Order number. Once the transfer has been credited to the Company’s account the Sale will be concluded. The Customer will receive a payment confirmation email along with a Customer account notification. If paying by cheque, the Customer will send the cheque(s) made out to SERFI, dated with the order date, by post to the following address: SERFI 5 rue Ferrié à Ennery (95300). The Customer may pay in 1, 2 or 3 instalments. Payment will only be considered definitive after the cheque for the amount due has been paid into the Company’s account.

Article 5 - Transport - Receipt

The Service provided by the Company involves carrying out two distinct transport operations.

First, the collection kit or kits is or are delivered by the Company to the Client. Then, the sample of capillary or capillaries is sent by the Customer (at their own expense) to the Company within seven days of receipt by the Customer of the sampling kits.

In both cases shipping is carried out by United Parcel Service France SAS. The price applied is UPS Standard using a UPS Access Point Service.

The duration of transport may vary depending on the place of dispatch. Goods sent from or to a foreign country will engender additional costs according to the terms provided for by the Company and published on its internet site at the time of Order.

Article 6 - Availability of Products - Termination

The Company has determined a maximum weekly number of shipments of sample kits. Availability is indicated on the « toxSeek analyses » pages and in the Order area.

The availabilities are made aware to the Customer before any Order.

If the Order cannot be completed due to exhaustion of the available analyses, the Customer will be notified. They will be invited to renew their Order at a later date.

The delivery of the Product means the delivery of the sampling kit to the Customer. For deliveries to metropolitan France, the Products are delivered within the deadline indicated on the website

In case of non-compliance with the agreed delivery date or deadline, the Customer must, before terminating the contract, order the Company to execute it within a reasonable additional period of time by registered letter with acknowledgment of receipt.

Failing execution at the end of this new period, the Customer may freely terminate the Contract.

The Contract will be considered terminated upon receipt by the Company of the letter or writing informing it of this resolution, unless it has been executed in the meantime.

The Customer may then demand reimbursement in accordance with the conditions and deadlines provided for in these T & Cs.

Article 7 - Product Delivery Error

The Customer must formulate with the Company the same day of the delivery of the Product or at the latest seven (7) working days after the delivery, any claim of error of delivery and / or non-conformity of the products in kind or in quality compared to the indications on the receipt issued at the end of the Order. Any claim made after this time will be rejected.

The complaint can be made by email to the following address:

Any claim not made according to the rules defined above and within the time limits cannot be taken into account and releases the Company from any liability vis-à-vis the Customer.

Upon receipt of the complaint, the Company will allocate an exchange number of the Product(s) concerned and will communicate it by email to the Customer. The exchange of a product can take place only after the allocation of the exchange number.

Any product to be exchanged or refunded must be returned to the Company in its entirety and in its original packaging, by registered mail, to the following address: toxSeek – Service réclamations, 5 rue Ferrié, Ennery (95300).

Return costs are borne by the Company.

Article 8 - Transfer of risks

The transfer of the risks of loss and deterioration of the Product takes place at the moment of its delivery to the Customer.

From this date, the Customer will assume full responsibility for all damages that the Product (s) may suffer or cause. The Product (s) therefore travel at the Customer's own risk.

Article 9 - Product Warranty

The company toxSeek SAS, whose head office is located at the Parc d’activités des Portes du Vexin at 5, rue Ferrié, Ennery (95300), guarantees the conformity of the goods to the contract, allowing the Customer to make a request regarding the legal guarantee of conformity provided for by articles L. 217-4 and compliant to the French Consumer Code or the guarantee of defects of the item sold corresponding to articles 1641 and in accordance with the Civil Code.

In the event of the implementation of the legal guarantee of conformity, it is recalled that:

- The Customer has a period of 2 years from the delivery of the goods to act;

- The Customer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

- The Customer is exempted from reporting the proof of the lack of conformity of the goods during the 6 months following the delivery of the good.

In the event of the implementation of the guarantee of hidden defects, it is recalled that:

- The Customer has a period of 2 years from the discovery of the defect to take action (1648 French Civil Code);

- In accordance with Article 1644 of the Civil Code, the Customer has the choice between:

* Returning the goods and obtaining a full refund (action for recission)

* Keeping the goods and obtaining a partial refund (estimated action).

Article 10 - Right to cancel

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise their right to cancel without having to justify any reason or pay any penalty.

After having communicated their decision to cancel within the fourteen (14) day period, the Customer will have another fourteen (14) day period to return the Product(s) concerned by the cancellation.The products must however be returned in their original packaging and in perfect condition for their re-sale as new.

Damaged, soiled or incomplete Products are not taken back.

The right of cancellation can be exercised by sending a form by email to

Any other method of declaration of cancellation may be accepted. It must be unambiguous and express the Customer's desire to retract.

In the event of the exercising of the right to cancel within the aforementioned period, the price of the Product(s) purchased is refunded (delivery charges included in the price).

The return costs are the responsibility of the Customer.

The refund will be made no later than fourteen (14) days after receipt by the Company of the products returned by the Customer under the conditions provided for above.

In accordance with Article L. 242-4 of the French Consumer Code, when the Company has not refunded the sums paid by the Customer, the sums due are automatically increased:

- the legal interest rate if the repayment is made no later than 10 days after the expiry of the 14-day period set out above,

- 5% if the period is between 10 and 20 days,

- 10% if the period is between 20 and 30 days,

- 20% if the period is between 30 and 60 days,

- 50% between 60 and 90 days,

- and five additional points per new month up to the price of the product and then the legal interest rate.

However, when the Customer returns the sample to the Company for toxicological analysis, the Customer then confirms having expressly waived their right to cancel to the extent that the Service has been fully performed by the Company, and in accordance with Article L. 122-28 1° of the French Consumer Code, as expressly provided for in the Order.

Article 11 - Methods of delivery of the analysis report

The delivery of the toxicological analysis report means making the toxicological analysis report electronically available to the person tested.

The report shall be delivered within twenty (20) days of receipt by the Company of the tested person's hair sample, provided that the shipment has been made in the manner prescribed by the Company on its Website (this period may be doubled in the context of toxSeek-Research studies).

If the results of toxicological analyses seem to the Customer to be incorrect, or if they consider that the Service has been badly executed, the Tested Person may submit a complaint to the Company within fourteen (14) days following the delivery of the results. Any complaint formulated outside this period cannot be accepted. The complaint must be grounded and must set out the reasons why its author is dissatisfied with the Service provided by the Company.

The Product sent back by the Customer, as well as the sample of the Tested Person, will be destroyed by the partner laboratory once the toxicological analysis has been carried out.

Article 12 - Responsibilities

The Company cannot be held liable for harm suffered by the Tested Person due to an erroneous analysis of their hair sample by the partner laboratory, or any damage resulting from the content of the Analysis Report.

The Company cannot be held liable for any loss suffered by the Client or the Tested Person due to a deficiency in the computer equipment used to place the Order or to contact the Company. It is up to the Customer and the Tested Person to ensure the security of their own terminals by appropriate means. Any disclosure, loss or partial destruction of personal data originating from a configuration of the Customer's terminal or the Tested Person that does not guarantee a normal level of protection cannot be charged to the Company.

The compensation for damages suffered by the Client as a result of a wrongful execution of the contract by the Company is limited to the price of the Service, except in the event of intentional misconduct by the Company.

It is the responsibility of the Tested Person to follow the shipping instructions described by the Company on its Site. Any extra cost caused by non-compliance with the shipping instructions on the Company's Website must be borne by the Customer. Any package returned to the Customer due to an incorrect or incomplete delivery address will be returned at the Customer's expense.

- a. a. If at the time of receipt of the capillary sample(s) by the Company, the packaging is damaged, torn, or open, the Company must then check the condition of the sample. If it has been damaged and has become unusable, the Company must refuse the package and notify the Client. The entire Order will be destroyed and will be subject to a new shipment corresponding to the Initial Order.

- If any of the samples of an Order are deemed unusable due to improperly following the Company's instructions regarding the hair sample collection protocol, the entire Order will be destroyed and will be subject to a new shipment corresponding to the initial Order. In the cases referred to in a. and b. above, the Customer must pay a lump sum of twenty (20) Euros and a penalty of ten (10) Euros per sample. To these sums are added the transport costs applicable to the order taking into account the distance separating the place of dispatch and place of arrival of the parcel.

The Customer will be informed by email of the inoperability of their sample within seven (7) days of receipt of the information from the partner laboratory by the Company.

After informing the Client, the Company will have a period of seventy-two (72) hours to send a new Product.

The Company acknowledges receipt of the sample.

Article 13 - Force majeure

The Company cannot be held liable in the event of non-performance or delay in the performance of its contractual obligations, in the case of events of force majeure, as defined by French Case Law.

The execution of the Company will be suspended for the duration of the event of force majeure and the execution times will be extended accordingly.

Nevertheless, the Company will endeavour to put an end to the case of force majeure or to find a solution enabling it to perform its contractual obligations despite the case of force majeure.

Article 14 - Intellectual property

The content of the Website (technical documents, drawings, photographs, etc.) remains the property of the Company, the sole owner of the intellectual property rights to this content.

The Customer undertakes not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

Article 15 - Personal data

It is reminded that the personal data requested from the Customer are necessary:

- For the processing of their request to create an account on the Company's Website;

- For the placing of their Order and the preparation of the invoices by the Company;

- For the transmission of the Analysis Report.

The Customer accepts the processing of their data by the Company and its partners, provided that such data are strictly necessary for the execution of the Order and the performance of the Service.

These data may be used for the purposes of carrying out operations relating to commercial prospecting as well as loyalty and sponsorship programmes in the cases provided for by the Data Protection Regulation and with the agreement of the Customer.

In any case, the Client and/or the Tested Person will have the following rights regarding the processing of their personal data:

- Right of access: the right to access one's personal data. The Company reserves the right to charge an administrative fee in case of request for multiple copies of the information; (Article 15 of the GDPR)

- Right of rectification: the right to obtain, as soon as possible, the correction of personal data; (Article 16 of the GDPR)

- Right to erasure: the right to obtain, as soon as possible, the deletion of personal data; (Article 17 of the GDPR)

- Right to restriction of processing: the right to require the limitation of the processing of one’s personal data. (Art. 18 du RGPD)

- Right to data portability: the right to require the portability of all or part of one's personal data; (Art. 20 du RGPD)

- Right to object: the right to oppose the processing of personal data; (Art. 21 et 22 du RGPD)

- Post-mortem guidelines: the right to set guidelines for the retention, erasure and disclosure of one's personal data after death. (Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms).

To exercise all these rights, the Customer must make a request to the Company, by sending a registered letter with acknowledgment of receipt accompanied by proof of identity to the following address:

Article 16 - Partial non-validation

If one or more stipulations of these GTC are considered as invalid or declared as such, the other stipulations will retain all their force and their scope, in accordance with article 1184 of the French Civil Code.

Article 17 - Non-Waiver

No failure by either party to exercise any right under these GTC shall constitute a future waiver of the rights provided for herein.

Article 18 - Language of the contract

These Terms are written in French. In the event that they are translated into one or more foreign languages, the French version will prevail over any other version.

Article 19 – Mediation

In accordance with Article L 612-1 of the French Consumer Code, the Customer has the right to free use of a consumer mediator to reach a friendly settlement of any dispute between the Customer and the Company.

In accordance with the provisions of the Consumer Code concerning the friendly settlement of disputes, the Company adheres to the Code of Ethics and the Service of the E-commerce Mediator FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 rue de la Boétie - 75008 Paris -

After the Customer has made a prior written request to the Company, the Mediator Service may be consulted on any consumer dispute that has not been resolved.

On a European level, the European Commission provides an online dispute resolution platform at the following address:

Article 20 - Applicable law

These Terms are subject to the application of French law. This is so for the substantive rules as for the rules of form. In the event of any dispute or claim, the Customer will first contact the Company to obtain a friendly solution.

ANNEX - Provisions relating to legal warranties

Article L217-4 of the French Consumer Code

The vendor delivers goods that comply with the Contract and responds to any lack of conformity existing at the time of delivery. The vendor also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been provided for by the contract or has been carried out under its responsibility.

The property is in accordance with the contract:

1° If it is fit for the customary use of a similar good and, where applicable:

- If it corresponds to the description given by the vendor and has the qualities that he has presented to the buyer as a sample or model;

- If it has the qualities that a buyer can legitimately expect given the public statements made by the vendor, the producer or their representative, including advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the vendor and that the latter has accepted.

The action resulting from the lack of conformity is subject to a limitation of two years from the delivery of the goods.

When the buyer asks the vendor, during the course of the commercial guarantee which was granted to him during the acquisition or the repair of a movable asset, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the remaining warranty period.

This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

The vendor is bound by the warranty regarding any latent defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them.

Article 1648 of the French Civil Code

The action resulting from the latent defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the vendor may be discharged from apparent defects of conformity.