GENERAL TERMS AND CONDITIONS OF SALE – FLUIDRA ACADEMY

Article 1 – Enforceability of the General Terms and Conditions of Sale

Any request for enrolment in a paid training course offered through Fluidra Academy implies full and unconditional acceptance by the professional customer of these General Terms and Conditions of Sale, to the exclusion of any other document.

No special condition may prevail over these General Terms and Conditions of Sale unless formally accepted in writing by FLUIDRA COMMERCIAL FRANCE SAS.

Any contrary condition imposed by the customer shall therefore, in the absence of express acceptance, be unenforceable against FLUIDRA COMMERCIAL FRANCE SAS, regardless of when it may have been brought to its attention.

Article 2 – Enrolment Requests and Acceptance

Paid training courses available through Fluidra Academy may require the user to complete an enrolment request and sign a corresponding training contract.

The user may include other participants from the same company in the same contract, up to a maximum of three participants in total, unless otherwise agreed in writing by FLUIDRA COMMERCIAL FRANCE SAS.

Submission of an enrolment request does not constitute automatic acceptance by FLUIDRA COMMERCIAL FRANCE SAS.

FLUIDRA COMMERCIAL FRANCE SAS reserves the right to accept or refuse any enrolment request, particularly in the event of insufficient information, lack of eligibility, limited availability, outstanding payment issues, or any other legitimate reason.

The enrolment shall become final only after written acceptance by FLUIDRA COMMERCIAL FRANCE SAS by any means.

Once the enrolment has been accepted, the participants included in the contract shall be automatically registered for the relevant training course, and FLUIDRA COMMERCIAL FRANCE SAS shall issue the corresponding order, which shall be charged and invoiced to the customer under the usual commercial conditions applicable between the parties.

Article 3 – Training Services

The information, descriptions, schedules, content, duration, format and characteristics of the training courses made available through Fluidra Academy are provided for information purposes only.

FLUIDRA COMMERCIAL FRANCE SAS reserves the right to modify the content, schedule, trainers, format or conditions of a training course, provided that the essential purpose of the training is not substantially affected.

Training courses may be delivered online, in person, or in a hybrid format, depending on the course concerned.

Access to the training course is personal to the registered participants and may not be transferred to third parties without prior written approval from FLUIDRA COMMERCIAL FRANCE SAS.

Article 4 – Prices

Prices are stated in euros, excluding taxes, unless otherwise indicated.

The applicable price shall be the price communicated or confirmed at the time of acceptance of the enrolment request by FLUIDRA COMMERCIAL FRANCE SAS.

Any applicable taxes shall be added to the price in accordance with the regulations in force.

FLUIDRA COMMERCIAL FRANCE SAS reserves the right to revise its prices at any time. However, accepted enrolments shall be invoiced at the price confirmed at the time of acceptance.

Article 5 – Invoicing and Payment Conditions

Once the enrolment request has been accepted by FLUIDRA COMMERCIAL FRANCE SAS, the corresponding order shall be created and invoiced to the customer.

Payment shall be made in accordance with the usual payment terms agreed between FLUIDRA COMMERCIAL FRANCE SAS and the customer, unless specific payment conditions are expressly agreed in writing.

In the absence of specific contractual provisions, payment shall be due within thirty (30) days from the invoice date.

In the event of late payment, late payment interest shall be due from the day following the payment date indicated on the invoice, in accordance with applicable law.

Late payment interest shall be increased by a fixed recovery indemnity of forty (40) euros, in accordance with the applicable provisions of the French Commercial Code. If the recovery costs incurred are higher than this amount, FLUIDRA COMMERCIAL FRANCE SAS may claim reimbursement of the full costs incurred.

Article 6 – Cancellation or Modification by the Customer

Once the enrolment has been accepted by FLUIDRA COMMERCIAL FRANCE SAS, the order is firm and final.

Any cancellation or modification requested by the customer after acceptance shall require prior written approval from FLUIDRA COMMERCIAL FRANCE SAS.

In the absence of such approval, the customer shall remain liable for payment of the accepted training course.

Where FLUIDRA COMMERCIAL FRANCE SAS accepts a cancellation or modification, it may apply administrative, cancellation or rescheduling fees, depending on the timing and circumstances of the request.

Article 7 – Cancellation, Rescheduling or Refusal by FLUIDRA

FLUIDRA COMMERCIAL FRANCE SAS reserves the right to refuse, cancel or reschedule a training course or enrolment request, including in the event of insufficient participants, trainer unavailability, technical issues, force majeure, lack of eligibility of the participants, or any other legitimate reason.

In such cases, FLUIDRA COMMERCIAL FRANCE SAS may offer an alternative training date or solution where possible.

FLUIDRA COMMERCIAL FRANCE SAS shall not be liable for any indirect loss, loss of profit, business interruption or other consequential damage arising from the cancellation or rescheduling of a training course.

Article 8 – Access to the Training Course

Participants shall access the training course using the credentials and access methods provided by FLUIDRA COMMERCIAL FRANCE SAS or through Fluidra Academy.

The customer undertakes to ensure that the registered participants attend the training course under the conditions communicated by FLUIDRA COMMERCIAL FRANCE SAS.

Access credentials are personal and confidential and may not be shared with third parties.

FLUIDRA COMMERCIAL FRANCE SAS reserves the right to suspend or block access to any participant in the event of misuse, unauthorized access, breach of these General Terms and Conditions of Sale, breach of the Fluidra Academy Terms of Use, or inappropriate conduct.

Article 9 – Certificates and Completion

Certain training courses may include assessments, knowledge checks or certification activities.

Completion of a training course does not automatically entitle the participant to obtain a certificate unless all applicable requirements have been met.

FLUIDRA COMMERCIAL FRANCE SAS reserves the right to review assessment results and to refuse, suspend or withdraw a certificate in the event of fraud, misuse, non-compliance with the course requirements or breach of the applicable terms.

Article 10 – Liability

The customer acknowledges that it has the necessary professional knowledge and experience to assess its training needs and to enrol the appropriate participants.

Training content, advice, technical explanations and recommendations provided during the course are for educational and informational purposes only.

They shall not replace the customer’s own professional judgement, technical assessment or compliance with applicable laws, standards and professional practices.

FLUIDRA COMMERCIAL FRANCE SAS shall not be liable for any misuse, misinterpretation or inappropriate application of the information provided during the training course.

Between professionals, FLUIDRA COMMERCIAL FRANCE SAS shall under no circumstances be liable for indirect or intangible damages, including but not limited to loss of business, loss of profit, loss of opportunity, commercial prejudice, reputational damage or loss of revenue.

In any event, FLUIDRA COMMERCIAL FRANCE SAS’s civil liability, for all causes combined except bodily injury and gross negligence, shall be limited to the amount actually received for the training course giving rise to the dispute.

Article 11 – Intellectual Property

All training materials, documents, videos, presentations, graphics, technical content, trademarks, logos and any other content made available before, during or after the training course remain the exclusive property of FLUIDRA COMMERCIAL FRANCE SAS, FLUIDRA S.A. and/or their licensors.

The customer and participants are granted a personal, limited and non-transferable right to use such materials solely for their own professional training purposes.

The customer and participants shall not reproduce, distribute, record, transmit, publish, modify, commercially exploit or disclose such materials to any third party without the prior written consent of FLUIDRA COMMERCIAL FRANCE SAS.

Article 12 – Personal Data

In connection with the management of enrolments, training participation, certification and invoicing, the customer is informed that certain personal data relating to participants may be processed by FLUIDRA.

Such data may include identity, professional contact details, company information, enrolment records, attendance, learning progress, assessment results and certifications obtained.

Personal data shall be processed in accordance with the applicable data protection legislation and Fluidra’s Privacy Policy.

Participants may exercise their rights of access, rectification, erasure and any other applicable rights by contacting FLUIDRA at: dataprivacy@fluidra.com.

Article 13 – Sanctions Clause

The customer shall comply with all laws relating to economic or trade embargoes and sanctions applicable to its activity.

The customer represents that it is not a listed person and is not owned or controlled by a listed person under the sanctions regulations of the United States, the European Union or the United Nations.

The customer shall not directly or indirectly use, resell, transfer or make available the services provided by FLUIDRA COMMERCIAL FRANCE SAS in breach of any applicable sanctions regulations.

FLUIDRA COMMERCIAL FRANCE SAS shall be entitled to request information and documents from the customer at any time in order to verify compliance with this clause, to suspend or terminate the commercial relationship in the event of non-compliance, and to claim compensation for any resulting loss or damage.

Article 14 – Jurisdiction

For any dispute relating to sales made by FLUIDRA COMMERCIAL FRANCE SAS and to the application or interpretation of these General Terms and Conditions of Sale, the Commercial Court of Perpignan shall have exclusive jurisdiction, regardless of the place of performance, method or place of payment.

French law shall apply.