GENERAL CONDITIONS OF SALE – LEMERLE

The company "LEMERLE SAS" (hereinafter "LEMERLE") manufactures and markets golf equipment and in particular golf putters and connected modules (hereinafter the "Products") through its merchant site: https://lemerle .golf (hereinafter the “Website”). It also provides a mobile application (hereinafter "the Application") necessary for the use of the connected module (hereinafter the "Connected Module") during the combined use of said Connected Module and a putter (hereinafter -after the “Putter”). These supplies are made to consumers and non-professionals within the meaning of the Consumer Code (hereinafter the "Customers"). These general conditions of sale define the terms of online sales concluded between LEMERLE and any consumer making a purchase via the Website. They are written in French in their original version which alone is authentic and prevails over any other version.

ARTICLE 1 DEFINITIONS

DÉFINITIONS

Application: means the mobile application developed by LEMERLE and necessary for the use of the Connected Module, available as a free download for the basic functionalities and by paid subscription for additional functionalities.
CGV: designates the present general conditions applicable to the sale of Products by LEMERLE to consumers.
Customer: means the customer, consumer or non-professional within the meaning of the Consumer Code, requesting LEMERLE to purchase Products.
Order : means the order, accepted or not, sent by the Customer to LEMERLE via the Website.
Delivery: means the physical delivery of an Order of Product(s) to the Customer.
Connected Module: means the connected module marketed alone or with a Putter and collecting the Customer's performance during its use; performances that can be consulted on the Application.
Partie(s): refers without distinction to LEMERLE or the Client.
Pre-Order: means the Pre-Order of Product(s) according to a pre-order system before it(they) are available and marketed and complying with certain rules derogating from the Order.
Produits: means all the products available on the Website.
Putter: designates the golf club possibly completed with the Connected Module.
Website: means the Merchant Website accessible at the address https://lemerle.golf through which the Customer makes a Pre-Order or places an Order.
User: means any person using the Website, whether a simple Internet user or a Customer.

ARTICLE 2 LEGAL NOTICES

LEMERLE – simplified joint-stock company with a single shareholder, with capital of €130,000, registered with the RCS of AVIGNON under number B 898 272 323 (intra-community VAT number FR 35 898 272 323) whose head office is located at 119 chemin du Four 84400 Villars. Contact address for any administrative request or mail: LEMERLE - 119 chemin du Four 84400 Villars. Phone: +33490723882 Email: contact@lemerle.golf The website https://lemerle.golf is the property and is published by LEMERLE. The Site is hosted by OVH, whose address is 2 rue Kellermann 59100 Roubaix and whose telephone number is 08 203 203 63 (0.118 €/min). The director of publication is:

ARTICLE 3 SCOPE - CAPACITY

The GCS apply to any Pre-order or Order concluded by a consumer and/or non-professional Customer within the meaning of the Consumer Code requesting the purchase of Products marketed by LEMERLE on the website: https://lemerle.golf The T&Cs are permanently accessible on the Website in the "General Terms and Conditions of Sale" or "T&Cs" section. The Customer can access the archived general conditions by making the request by e-mail to the address: contact@lemerle.golf The T&Cs are systematically subject to reading and acceptance by the Customer when registering a Pre-order or an Order. When Pre-ordering or placing an Order, clicking on the button "I accept the general conditions of sale" indicates the Customer's consent to the application of these GCS in their entirety and without reservation. Given the possible evolutions of the Website, LEMERLE reserves the right to adapt or modify these T&Cs at any time. Consequently, LEMERLE invites the Customer to consult the T&Cs before any new Pre-order or Order. The T&Cs then in force will apply to all Pre-orders or Orders placed from the date they are put online. The Customer declares to be legally capable, that is to say to be of legal majority and not to be under guardianship or curatorship.

ARTICLE 4 CONDITIONS OF ACCESS TO THE SITE

Access to the Website is free and open to any User with internet access. All costs relating to access, whether hardware, software or internet access costs are exclusively at the expense of the User. He is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet. The Website is accessible 24 hours a day, 7 days a week. Due to the nature and complexity of the Internet network, and in particular, its technical performance and response times for consulting, querying or transferring information data, LEMERLE makes its best efforts, in accordance with the rules art, to allow access and use of the Website and the services offered. LEMERLE cannot in fact guarantee absolute accessibility or availability of the Website. LEMERLE notably reserves the right, without notice or compensation, to temporarily close the Website or access to one or more services, in particular to carry out an update, maintenance operations, modifications or changes to the operational methods, servers and hours of accessibility, without this list being exhaustive. LEMERLE reserves the right to supplement or modify, at any time, the Website and the services available therein according to the evolution of technologies. It is up to the User to ensure the possibilities of evolution of the computer and transmission means at his disposal so that these means can adapt to the evolutions of the Website.

ARTICLE 5 PREREQUISITES, CHOICE AND USE OF PRODUCTS

5.1 Prerequisites for using the Connected Module and the Application

The Customer is informed that the use of the Connected Module and its functionalities supposes having a Putter and requires downloading the Mobile Application developed by LEMERLE. The use and downloading of the Application are notably subject to conditions relating to the mobile phone (hereinafter the “Smartphone”). Thus, before any Pre-order or Order of the connected Module, the Customer ensures the functionalities, the conditions of compatibility, interoperability, any installation restrictions and the technical protection measures of the Application and the connected Module with its Smartphone. The connected Module and the coupled Application make it possible to collect the Customer's usage and performance data during their combined use. These data are collected and processed by the algorithms of the Application on which the Customer can consult them in the form of dashboards. Several modes are available: training mode, live mode or personalized dashboards. Downloading the Application assumes a Smartphone running under an IOS or Android operating system. It is available on the download platform associated with the operating system. The Connected Module operates solely and exclusively with the Application developed by LEMERLE. The Application must be downloaded to a Smartphone with Bluetooth BLE functionality so that the data can be transmitted by the connected Module. An internet connection is required in order to benefit from the geolocation functionality. The Application assumes that the Smartphone has a minimum storage space of 150 megabytes. Additional storage space may be required for downloading future updates. Access to the Application assumes the creation of a customer account requiring a valid email address and the choice of a password by the Customer. The Customer retains the option of downloading updates to the Application and the connected Module which are not essential for their operation. For more information, the Customer is invited to consult the “App” tab on the Website. 5.2 Choice and use of Products The Customer chooses the Products in real time on the Website on the day of the Pre-order or Order. The indications that may be provided by LEMERLE concerning the choice of Products are of a general nature. The indications that can be attributed to LEMERLE are those sent directly to the Customer by LEMERLE in the context of a Product Order that has become final. Any indication from a third party does not engage the responsibility of LEMERLE. Unless otherwise agreed by the Parties, LEMERLE does not intervene in any way in the choice of Products, the assessment of the Customer's needs and the adequacy of the Products with his skills, qualities, characteristics, in particular physical characteristics, particularities and needs or those of a third party user. The Customer is required to check the compatibility of the Products he reserves or orders with the restrictions mentioned above. If in doubt, the Customer checks by contacting LEMERLE at the following address: contact@lemerle.golf. If necessary, he consults a person with the necessary knowledge and skills in this area. Consequently, the responsibility of LEMERLE cannot be to be engaged in the event of a Product inappropriate with the specificities of the Customer or any third party user of the Products, of a use of the Products that does not comply with the applicable regulations, with the rules of safety, hygiene and health, and/or non-compliance with instructions.

ARTICLE 6 PRE-ORDERS AND ORDERS

6.1 Pre-order principles

Certain Products presented on the Website can be Reserved by the Customer according to the pre- order system. This mechanism allows the Customer to reserve, until a deadline, a Product before it is available for sale. LEMERLE defines for a given Product a minimum number of Product Pre-orders to be reached within a limited time. LEMERLE also defines a maximum number of Product Pre-orders beyond which the Product will no longer be available for Pre-order. The Pre-order will be effectively taken into account as an Order on the sole assumption that the number of Pre-orders of Products is sufficient and reached within the predefined time. As long as this minimum number of Product Pre-orders has not been reached, the Customer's Pre- order is simply recorded and cannot be considered as a firm and final Order. Thus, the Customer's Pre-order is marked by a hazard linked to the number of Pre-orders of Products which will be sent to LEMERLE by the group of Customers during the determined period. The Customer's attention is drawn to the fact that the Pre-order assumes payment of the price of the reserved Product(s). The sums paid by the Customer are neither deposits nor installments within the meaning of article 1590 of the Civil Code. In return for this hazard, the Customer benefits from a reduction on the price charged by LEMERLE on the Product in question for standard Orders. In the event that the objectives of time and number of Pre-orders are not achieved, LEMERLE sends the Customer an email canceling his Pre-order and reimburses him within a maximum period of fourteen (14) days from this information. In the event that the objectives of time and number of Pre-orders are reached, the Pre-order becomes a firm and final Order from the Order confirmation email sent by LEMERLE to the Customer.

6.2 Pre-Order and Order Process Pre-orders and Orders are sent to LEMERLE by the Website as follows: Step 1: Once the Customer has chosen and selected the Products he wishes to purchase by clicking on "Pre-order", for a Pre-order or "Order", for an Order, he is redirected to the information form. Step 2: A summary of the content of the Pre-order/Order, the unit price of the Products, the quantity of the Products, the Delivery costs and the total price including VAT of the Customer's Pre- order/Order is displayed. The Customer is then asked to fill out a form intended to collect his personal information necessary for the processing of his Pre-order/Order (first name, last name and email address). The Customer is also asked to specify, under his sole responsibility, the address to which he wishes to be invoiced and Delivered for his Pre-order/Order. He then clicks on “Continue to shipping” to move on to the next step. Step 3: The Customer verifies that the Delivery and billing information is correct and becomes aware of the associated Delivery costs and times. LEMERLE cannot be held liable in the event of an error or omission in the information communicated relating to the Delivery address which could not have been corrected before the Pre-order/Order was sent. The customer clicks on “Continue to payment” in order to proceed to the next step. Step 4: The Customer is then asked to enter a method of payment, by credit card or via a Paypal account to proceed with the payment and register his Pre-order/Order. Before making payment, the Customer must check the summary of his Pre-order/Order containing the identification of the Products of the Pre-order/Order, the unit price including tax, the quantity for each Product, the total price of the Products including tax, the costs delivery and the total including VAT including delivery costs. The total including tax does not take into account any customs fees and taxes that may apply during the transport of the Products. The Customer is required to read and accept these T&Cs and the LEMERLE privacy policy before clicking on "Pay now" in order to confirm Pre-order/Order and proceed to payment. Step 5 of a Pre-order: A confirmation of registration of his Pre-order is sent to the Customer by email indicating his number, the amount of his Pre-order and the possible Delivery date if the pre- order system achieves the objectives. This confirmation does not mean that the Products have been ordered but that the Customer's Pre- order is simply recorded in the event that the Pre-order objectives predetermined by LEMERLE are achieved in accordance with the article "Principles of Pre-order". Step 5 of an Order: An Order confirmation is sent to the Customer by email indicating his number, the amount of his Pre-order and the Delivery date. Orders sent to LEMERLE only become final after express and written acceptance by LEMERLE materialized by the Order confirmation sent to the Customer by email.

6.3 Common rules

Any purchase with a view to reselling the Products purchased on the Website is strictly prohibited. Consequently, LEMERLE reserves the right to refuse any Pre-order/Order whose size and/or repetition could indicate that the Customer intends to resell the Products. The photos, prices and information mentioned in the sales documentation are subject to change and do not bind LEMERLE, which reserves the right to make any changes. The technical descriptions and prices applicable to the Products are those in force on the day of the Order. It is up to the Customer to check the descriptions and information in force when placing the Pre-order/Order. The Customer is strongly advised to download and save these T&Cs on a durable medium allowing him to keep a copy of them in their version applicable at the time of the Order.

ARTICLE 7 DELIVERY, RECEIPT

7.1 Delivery times

The Delivery time applicable to the Customer's Pre-order/Order is indicated on the Website when the Customer enters his Delivery address and in the Pre-order/Order confirmation. The Customer is informed that due to the specificities of the Pre-order system, an estimated shipping date is also mentioned in the context of a Pre-order of a Product. If several Products reserved or ordered at the same time have a different Delivery date, the Delivery deadline will be the furthest. However, in this case or due to the unavailability of certain Products in the Order, LEMERLE reserves the right to deliver the Order in several installments without the Customer having to bear any additional Delivery costs. The Customer undertakes not to delay Delivery to the agreed place and date without the prior written consent of LEMERLE and undertakes to fully bear all additional handling, storage and transport costs as well as the risk of deterioration of the Products. which may result from its refusal to collect, to deliver or, where applicable, to pay on delivery. In accordance with the provisions of article L.216-6 of the Consumer Code, in the event of failure to deliver the Order on the date or within the agreed time, the Customer has the option of canceling his Order. and request reimbursement, if, after having sent a formal notice by registered letter or by e- mail addressed to LEMERLE asking it to carry out the Delivery within a reasonable additional period, LEMERLE has not complied within this new period. Reimbursement occurs no later than fourteen (14) days following the request made by the Customer. In the event of delay or cancellation of the Pre-order/Order due to the occurrence of a case of force majeure in accordance with the provisions of article 1218 of the Civil Code, LEMERLE cannot be held liable by the Customer. Are considered as cases of force majeure releasing LEMERLE from its obligation to deliver, those usually retained by the case law of French Courts and Tribunals, namely any event external to LEMERLE, unforeseeable and irresistible.

7.2 Parcel tracking

The parcel number will be indicated by e-mail to the Customer, to allow him to be aware of the follow-up of the Delivery of his Order. The Customer may also consult this tracking number via the dedicated form on the Website using his Order number and the email address provided.

7.3 Reception

The Customer is required to check the condition of the packaging and its contents at the time of Delivery and must immediately notify the deliverer of any reservations he intends to make regarding the condition of the Product delivered so that they are mentioned on the transport document: damaged packaging, damage suffered, compliance with the Order, etc. In order to ensure rapid processing of the complaint, the Customer is advised to send their complaint of loss or damage related to transport to LEMERLE as soon as possible, either by registered letter with acknowledgment of receipt to the following address: LEMERLE, 119 chemin du Four 84400 Villars, or by e-mail to the following address: contact@lemerle.golf When LEMERLE is informed of the complaint, it informs the Customer of the address and methods for returning the Product(s). The Customer back sends the Products to LEMERLE at the address and in the manner indicated by LEMERLE. Any Product returned without LEMERLE's agreement will be refused and returned to the sender at the expense and risk of the latter. To be validly returned to LEMERLE and/or exchanged, the Products must not have been used and must be returned intact in their original packaging or equivalent packaging with any accessories, user manuals and other documentation.

ARTICLE 8 PRICE AND PAYMENT

8.1 Price

The prices of the Products are expressed in euros, all taxes included, excluding participation in the costs of processing, Delivery and, where applicable, customs. The shipping costs will be invoiced at the rate in force on the day of the Pre-order/Order and depending on the address and the country of Delivery chosen. The Customer reads the terms and price of Delivery before final validation of his Pre-order/Order. The Customer may be subject to customs duties in addition to the price of his Pre-order/Order, provided that he informs himself beforehand and pays them directly to the requesting administration. LEMERLE reserves the right to change prices at any time. The prices applicable to the Products are those in force at the time of the validation of the Pre-order/Order by the Customer. Consequently, it is up to the Customer to check the applicable prices when placing the Pre-order/Order. The Customer is reminded that validating the Pre-order/Order implies the obligation to pay the price indicated.

8.2 Payment

The Customer has the choice of paying the price of the Pre-order/Order by credit card or via a Paypal account.

ARTICLE 9 RIGHT OF WITHDRAWAL

In accordance with article L.221-18 of the Consumer Code, the Customer has a period of fourteen (14) clear days from the Delivery of the Product to withdraw without having to justify his decision.

In order to facilitate the processing of the Customer's request, the Customer is advised to notify LEMERLE beforehand of his decision to use his right of withdrawal by sending the withdrawal slip attached hereto or by sending LEMERLE his decision by any means. to use his right of withdrawal, in particular by e-mail: contact@lemerle.golf or by post: LEMERLE - 119 chemin du Four 84400 Villars.

The Customer returns the Product to the following address: LEMERLE - 119 chemin du Four 84400 Villars. LEMERLE advises the Customer to use a mode of transport allowing the parcel to be tracked when it is returned and to carry out the necessary checks if the Product does not reach LEMERLE.

As part of the right of withdrawal, the return costs remain the responsibility of the Customer. LEMERLE offers the Customer the possibility of buying a return voucher directly on its Website.

The Customer is required to return the Product in its original new, unused and complete condition (accessories, manuals, etc.) allowing it to be marketed in new condition. The Customer makes sure to return the Product(s) in their original packaging or equivalent packaging to prevent breakage and guarantee its integrity during transport.

To this end, LEMERLE offers the Customer the possibility of purchasing packaging suitable for transport on its Website in order to proceed with the return of the Product(s) under appropriate conditions. Damage caused to the Product during return transport due to packaging that does not have the characteristics and qualities of the original packaging, such as to prevent breakage and guarantee its integrity during transport, will be charged to client.

The receipt by LEMERLE of a Product depreciated due to manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product, engages the responsibility of the Customer who must repair the damage suffered by LEMERLE as a result of this depreciation. This depreciation may in particular be the result of a malfunction after a fall, stain, trace, scratch, breakage, disassembly, alteration or transformation of the Product, etc.

Subject to verification of the returned Product, LEMERLE reimburses the Customer within fourteen (14) days from the date on which it was informed of the Customer's decision to withdraw, using the same means of payment as the one that the Customer will have used for the initial transaction or by another means of payment if the Customer accepts. Reimbursement may be deferred until actual receipt of the Product by LEMERLE or until the Customer provides proof of shipment of the Product.

In accordance with the provisions of Article L.221-28 3° of the Consumer Code, this right of withdrawal is excluded for Orders of Products that have been made according to the Customer's specifications or clearly personalized.

ARTICLE 11 LIABILITY - FORCE MAJEURE

None of the Parties may be considered liable in the event of a breach of one of its contractual obligations if this non-performance is caused by a case of force majeure. LEMERLE may be wholly or partly exonerated from its liability by providing proof that the non- execution or poor execution of the Order is attributable either to the Customer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure. From the confirmation of the Order sent by LEMERLE, the Customer cannot claim to benefit from the modifications and improvements made subsequently to the Products.

ARTICLE 12 PERSONAL DATA

LEMERLE collects and processes the personal data of the Customer and, where applicable, of the recipient of the order. The Customer declares to have read the Privacy and Cookies Policy providing in particular for the uses likely to be made by LEMERLE of the personal data collected. Pursuant to the General Data Protection Regulation No. 2016/679 and Law No. 78-17 of January 6, 1978 as amended (Data Protection Act), the Customer has a right of access, rectification, erasure, opposition, limitation of processing, portability and fate in the event of death of the data concerning him. The Customer may exercise his rights by sending a request by post to the following postal address: LEMERLE, customer service, 119 chemin du Four 84400 Villars or by e-mail by contacting: contact@lemerle.golf. The Customer has the right to lodge a complaint with a supervisory authority, in particular with the Commission Nationale de l'Informatique et des Libertés (CNIL), if he considers that the processing of personal data concerning it constitutes a violation of the General Regulations on Data Protection and the Data Protection Act.

ARTICLE 13 INTELLECTUAL PROPERTY

LEMERLE holds all the intellectual property rights covering the Products, the Website and the Application. The Products are protected by models registered with intellectual property offices. The Website and the Application are likely to be protected by copyright. The LEMERLE name and logo are protected by trademarks registered with intellectual property offices. The Customer undertakes to respect all of LEMERLE's intellectual property rights, of which he declares that he is fully aware. Each of the Parties is prohibited, except with the prior written consent of the other, from being personally, directly or indirectly, the owner of intellectual property rights used by the other Party (trademarks, computer programs, licenses, copyrights , models, designs, patents, domain names, etc.).

ARTICLE 14 MISCELLANEOUS

14.1 Partial invalidity

The cancellation or inapplicability of one or more of the clauses of the GCS, in application of a law, a regulation or following a final decision of a competent jurisdiction, does not entail the cancellation of the other clauses, which remain fully valid and applicable.

14.2 No Waiver

The fact for one of the Parties not to require at any time the strict execution by the other party of any stipulation or condition of the GCS can in no way be considered as a definitive waiver of the exercise of this law.

ARTICLE 15 COMPLAINTS AND CONSUMER MEDIATION

In the event of difficulty, the Customer agrees to first contact LEMERLE customer service at the following postal address LEMERLE, customer service, 119 chemin du four 84400 Villars or at the e- mail address: contact@lemerle.golf in order to find an amicable solution. In the absence of a solution within twenty-one (21) days of his request, the Customer may, in accordance with Articles L.611 to L.616 and R.612 to R.616 of the Consumer Code, free of charge ( apart from the costs and fees of a lawyer and/or expert, requested by the Client in order to be assisted and which remain at his expense) resort to the mediation service of the Mediator of the Professional Federation of e-commerce and distance selling (FEVAD) - 60 rue de la Boétie - 75008 PARIS, mediateurducommerce@fevad.com https://www.mediateurfevad.fr. A European dispute resolution platform is also available by following this link. In the event of a dispute, the Parties will endeavor to settle their dispute amicably. Failing agreement, the competent courts will be those set by the texts of the procedure.

ARTICLE 16 DISPUTES AND APPLICABLE LAW

These T&Cs are subject to French law. In the event of difficulties in the application of the GCS, the parties will favor an amicable solution before any legal action. In case of failure of the amicable way or parallel to the latter, the parties agree that any difficulty relating to the interpretation, execution or termination of the contract will fall within the jurisdiction of the jurisdiction of the place where the defendant lives. or the place where the Product was delivered or the place where the Customer lived at the time of the conclusion of the contract or the occurrence of the harmful event.

Appendix 1: Withdrawal slip

Please complete and return this form only if you wish to withdraw from the contract. This form is a standard model, you have the possibility of communicating your decision to us by any means as long as it is express and unambiguous.

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*) / for the provision of services (*) below: _____________________________________________________________________________________

Ordered on (*) / received on (*): _____________________________________________________________________________________

Order invoice number**: ___________________________________

Surname and first name of the consumer(s): _____________________________________________________________________________________

Address of consumer(s): _____________________________________________________________________________________ _____________________________________________________________________________________

Email **: _____________________________________________

Telephone ** : _________________________________________

Signature of the consumer(s) (only in case of notification of this form on paper) : __________________________________

Date : _____________________

(*) Strike out the useless mention.

(**) Mention not obligatory.