General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

POSEIDON YACHTING — In force as of 6 August 2026

This English version is provided for information only. In accordance with Article 13, French law applies and only the French text is authoritative.

PREAMBLE

The Seller is the exclusive importer for France of the SUBLUE, YACHT CONTROLLER, TKO and MOMENTUM brands, brought together by POSEIDON YACHTING, for both dealers and consumers, and sold through its websites. Product lists and descriptions are available on those websites.

ARTICLE 1 — PURPOSE AND SCOPE

These General Terms and Conditions of Sale (GTCS) govern the contractual relationship between POSEIDON YACHTING, a French limited company with share capital of €11,000, registered with the Fréjus Trade and Companies Register under number 882 468 028 00023, EU VAT number FR 71 882 468 028, with registered office at 293 chemin des Vernèdes, 83480 Puget-sur-Argens, France (the "Seller"), and any natural or legal person purchasing through the watertoys.fr and shop.sublue.fr websites (the "Buyer" or "Customer").

In accordance with Article L.441-1 of the French Commercial Code, these GTCS form the sole basis of the commercial relationship between the parties. They apply without restriction to all contracts of sale. The applicable version is the one in force on the date of the order. Placing an order constitutes full and unreserved acceptance of these GTCS, the Buyer waiving reliance on any conflicting document.

Products covered:

Underwater sea scooters (Sublue)
Motorised swimming boards (Sublue)
Motorised and electric surfboards (TKO)
Electric outboard motors (Momentum)
Remote control systems (Yacht Controller)
Lithium batteries (Sublue, TKO, Momentum)
Accessories and spare parts

Product characteristics are presented on the websites. The Buyer must review them before any purchase. Photographs are illustrative and not contractually binding. The Seller undertakes to market only products compliant with applicable European regulations.

ARTICLE 2 — ORDERS AND RETENTION OF TITLE

2.1 Formation of the contract

An order proceeds in four steps: (1) product selection and acceptance of the GTCS, (2) verification and confirmation of the order, (3) secure payment, (4) acknowledgement of receipt and delivery. The order becomes final once payment is confirmed; a confirmation e-mail is sent to the Customer.

Any change to an order must reach the Seller before dispatch. The Seller reserves the right to refuse or cancel any order on legitimate grounds, in particular an existing dispute, suspected fraud or unforeseen stock shortage.

2.2 Retention of title

THE SELLER RETAINS OWNERSHIP OF THE GOODS UNTIL THE PRICE HAS BEEN PAID IN FULL. The risk of loss or damage passes to the Buyer upon delivery.

2.3 Spare parts

The availability of spare parts essential to the use of the Products is guaranteed for 5 years from the placing on the market of the last unit (Article L.111-4 of the French Consumer Code). Where unavailability exceeds 15 working days, the Buyer may cancel or maintain the order.

ARTICLE 3 — PRICES AND FINANCIAL TERMS

3.1 Prices

Prices are stated in euros (€) including all taxes, at the French VAT rate in force (20%), excluding delivery costs. For professional Buyers, agreed prices are exclusive of tax, VAT being applied at the rate in force on the invoice date.

The applicable prices are those in force on the date of the order. The Seller may change its prices at any time; products are invoiced at the price in force when the order is finally validated. Promotional offers are valid while stocks last.

3.2 Payment

The price is payable in full by bank card (Visa, Mastercard, CB, American Express), bank transfer or cheque. Payment is secured through Stripe and PayPal (SSL protocol). If payment fails, the order is cancelled.

ARTICLE 4 — DELIVERY

4.1 Terms

Delivery areas: mainland France and the European Union. Delivery is made to the address given by the Buyer. Delivery costs are charged at the rate in force.

4.2 Lead times

Products in stock: dispatch within 2 to 5 working days. For products not immediately available, delivery takes place within a maximum of 30 working days. Where a delay exceeds 15 days, the Buyer may cancel the order by registered letter with acknowledgement of receipt; reimbursement is made within 14 days.

4.3 Receipt of goods

The Buyer must check the condition of the packaging and parcel on delivery. In the event of any anomaly, precise reservations must be recorded with the carrier on the day of delivery. Any claim for apparent defect must be sent by e-mail within 48 hours. No return may be made without the Seller's prior authorisation; products must be returned in their original condition.

ARTICLE 5 — RIGHT OF WITHDRAWAL

5.1 Non-professional Buyers (consumers)

In accordance with Article L.221-18 of the French Consumer Code, the Customer has 14 calendar days from receipt of the goods to exercise the right of withdrawal, without justification or penalty. Notification is made by e-mail or by registered letter with acknowledgement of receipt to POSEIDON YACHTING, 293 chemin des Vernèdes, 83480 Puget-sur-Argens, France. The form in Annex 1 may be used.

Products must be returned within 14 days of notification, in their original packaging, complete (packaging, accessories, instructions), unused and undamaged. Return costs are borne by the Buyer.

Specific note for water sports equipment: returned water products must not have been placed in water.

Reimbursement is made within 14 days of receipt of the return, using the same means of payment as the original order.

5.2 Professional Buyers

Professional Buyers have no right of withdrawal, except where the purchase falls outside their main field of activity and the company employs fewer than five staff (Article L.221-3 of the French Consumer Code).

ARTICLE 6 — WARRANTIES

6.1 Commercial warranty

Products are warranted against any defect in material or workmanship. Under this warranty, the Seller chooses between free replacement of the defective product and its free repair.

Conditions: prior agreement of the after-sales service is mandatory; carriage costs are borne by the Buyer; no compensation is due for loss of use.

6.2 Duration of the commercial warranty

The duration of the commercial warranty is the one stated in the technical data sheet of each Product. It runs from the delivery date. Unless the Product sheet states otherwise, it is 24 months.

6.3 Exclusions from the commercial warranty

General exclusions: apparent defects; normal wear and tear; defects caused by accident, unauthorised modification, abnormal use or use not in accordance with the manufacturer's instructions.

Exclusions specific to lithium batteries:

natural degradation due to charge and discharge cycles;
capacity degradation down to 75% of nominal capacity;
failure to observe the conditions of use set out in Article 7;
charging unattended or between sunset and sunrise;
charging outside the authorised areas (deck or open garage);
absence of a battery management system (BMS);
storage of batteries outside a fireproof battery box.

6.4 Legal warranty of conformity (consumers only)

The Buyer benefits from the legal warranty of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code, lasting 2 years from delivery of the goods. Any lack of conformity appearing within 24 months is presumed to have existed on the date of delivery.

The Buyer chooses between repair and replacement of the goods, subject to cost conditions: the Seller may refuse the choice made if it is impossible or entails disproportionate costs. Failing that, the Buyer may obtain rescission of the contract with full reimbursement, or a price reduction proportionate to the defect.

6.5 Warranty against hidden defects

The Buyer may invoke the warranty against hidden defects in the goods sold (Article 1641 of the French Civil Code) and choose between rescission of the sale, with full reimbursement, and a price reduction. Action must be brought within 2 years of discovery of the defect (Article 1648 of the French Civil Code).

6.6 Remedies in the event of non-conformity

(1) Direct claim to the after-sales service, within 48 hours of discovering the defect. (2) Amicable settlement: the Seller has 30 days to reply. (3) Consumer mediation (consumers only), under the conditions of Article 12. (4) Legal action, before the competent court.

ARTICLE 7 — SPECIFIC CONDITIONS FOR LITHIUM BATTERIES

Products covered: Sublue underwater sea scooters and their batteries; TKO electric surfboards and their batteries; Momentum electric outboard motors and their batteries.

Mandatory conditions of use:

a) Supervised charging: no lithium battery may be charged unattended, or between sunset and sunrise.
b) Battery type: all lithium batteries supplied are of the LFP, LiFePO4 or NMC type.
c) BMS required: a battery management system (BMS) is mandatory on yachts and boats over 3 metres.
d) Charging location: on deck or in an open garage only.
e) Manufacturer's recommendations: charging must comply with the manufacturer's recommendations.
f) Mandatory storage: batteries removable without tools must be stored in a fireproof battery box.

IN THE ABSENCE OF STORAGE IN A FIREPROOF BOX, ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING FROM A LITHIUM BATTERY FIRE IS EXCLUDED.

Warning — insurance compliance

If the above conditions are not met, insurers will not be liable for any loss, damage, liability or expense arising from a lithium battery fire. Failure to comply also engages the Buyer's liability in the event of a claim.

ARTICLE 8 — LIABILITY AND SAFETY

The Seller cannot be held liable for damage resulting from use not in accordance with the manufacturer's instructions. The Seller is not liable for indirect loss, damage to other property or persons, loss of profit or business interruption.

Warning: water sports equipment is intended for people who can swim. Never use it alone.

ARTICLE 9 — PERSONAL DATA (GDPR)

The Seller processes personal data on the following legal bases: legitimate interest, performance of the contract, legal obligations and consent. Data may be passed to service providers involved in fulfilling the order. It is retained for the duration of the contractual relationship, extended by the duration of the warranties.

In accordance with Regulation (EU) 2016/679, the Buyer has rights of access, rectification, objection, portability and erasure, which may be exercised at info@poseidon-yachting.com or by post to POSEIDON YACHTING, 293 chemin des Vernèdes, 83480 Puget-sur-Argens, France. The Buyer also has the right to lodge a complaint with the CNIL, the French data protection authority.

ARTICLE 10 — FORCE MAJEURE

In the event of force majeure (strikes, fire, flood, war, epidemic, supply disruption, etc.), the parties' obligations are suspended without compensation. If the suspension lasts more than 30 working days, the contract may be terminated without damages.

ARTICLE 11 — INTELLECTUAL PROPERTY AND TERMINATION

11.1 Intellectual property

All website content is protected by intellectual property law; any reproduction is prohibited without written authorisation. The Buyer holds no rights over the Products, packaging, trademarks, software or distinctive signs. Any unauthorised use constitutes infringement.

11.2 Termination of the contract

In the event of non-payment by the Buyer or non-delivery by the Seller, the contract may be terminated, without prejudice to damages.

ARTICLE 12 — CLAIMS, MEDIATION AND DISPUTES

Any claim must first be addressed to the Seller, by e-mail or by post.

In accordance with Articles L.611-1 to L.616-3 of the French Consumer Code, a consumer Customer may use a consumer mediator free of charge with a view to the amicable settlement of the dispute, after first attempting to resolve it directly with the Seller by written claim.

Failing amicable settlement, the competent courts are those of the Fréjus (83) jurisdiction. For professional Buyers, the Fréjus Commercial Court has sole jurisdiction.

ARTICLE 13 — GOVERNING LAW AND ACCEPTANCE

These GTCS are governed by French law. Only the French text is authoritative. The Buyer declares acceptance of these GTCS without reservation and waives reliance on any conflicting document.

ANNEX 1 — WITHDRAWAL FORM

(Non-professional Buyers only. Complete and return this form only if you wish to withdraw from the contract.)

To POSEIDON YACHTING, 293 chemin des Vernèdes, 83480 Puget-sur-Argens, France — Tel.: +33 4 98 13 42 68

I hereby give notice of my withdrawal from the contract of sale of the following goods:

Ordered on: ____________________
Order number: ____________________
Received on: ____________________
Consumer's name: ____________________
Consumer's address: ____________________
Date: ____________________
Signature (only if this form is notified on paper): ____________________

ANNEX 2 — LEGAL TEXTS (FOR INFORMATION)

Article 1641 of the French Civil Code: the seller is bound by a warranty against hidden defects in the thing sold which render it unfit for its intended use, or which so impair that use that the buyer would not have acquired it, or would have paid a lower price, had they known of them.

Article 1648 of the French Civil Code: an action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.

Articles L.217-3 et seq. of the French Consumer Code: define the criteria of conformity with the contract and how the legal warranty of conformity is implemented.

For the full legal texts, please refer to the French Civil Code and Consumer Code.

Last updated: 6 August 2026. These GTCS comply with Directive (EU) 2019/771, the French Civil Code and the French Consumer Code.