PREAMBLE

The company TAPILOU sells play mats for babies and toddlers (hereinafter referred to as the “ Products ”) via its website accessible at the address www.tapilou.com (hereinafter referred to as the “ Site ”).

These general conditions cover both the general conditions of sale of the Products and the general conditions of use of the Site (hereinafter referred to as the “ General Conditions ”), they are applicable between the company TAPILOU and the Customer.

Access to the Site is conditional upon acceptance of these General Conditions by the Client.

1 LEGAL NOTICES

The Site is published by the company TAPILOU, a simplified joint-stock company with a single shareholder and capital of 1,000 euros, registered in the Marseille trade and companies register under number 882 014 095, whose registered office is located at 58 montée de saint menet, 13011 Marseille – FRANCE, represented by Mrs. Déborah Goldberg, in her capacity as president.

(Hereinafter referred to as the “ Company ”).

The Site is hosted by SHOPIFY INC., a Canadian company registered on the TSX and NYSE under number 426160-7 whose head office is located at 151 O'Connor Street - Ottawa, Ontario K2P 2L8 – Canada.

Contacts:

• assistance@shopify.com
• 1-613-241-2828

2 OBJECT

The General Conditions are intended to govern the relations and reciprocal obligations between the Company and the Customer who wishes to acquire the Products marketed by the Company.

By ordering a Product on the Site, the Customer acknowledges having read the General Conditions in force on the day of the order, before placing the order, and having accepted them without restriction, this acceptance not being in any way conditional upon a handwritten signature on the part of the Customer.

It is specified that the Client may, at any time, save or print the General Conditions provided that they are not modified.

The Company reserves the right to update the General Conditions at any time. In the event of modification of these, the applicable General Conditions will be those in force on the date of the order.

3 DEFINITIONS

“ Beneficiary ” means the natural person who holds the gift card.

“ Card ” means the gift card issued and distributed on the Site by the Company.

“ Customer ” means the Internet user browsing the Site and making an online purchase of Product(s) for personal purposes.

“ Customer Account ” means the account created by the Customer and accessible using their Identifiers.

“ General Conditions ” means these general conditions of sale of Products and use of the Site.

“ Content ” means the content made available by the Company, accessible via the Site and which includes in particular data, databases, source codes, offers, texts, videos, photos, soundtracks, logos and design.

“ Contract ” means the contractual relationship between the Client and the Company including the General Conditions and the specific conditions linked to the order.

“ Personal Data ” means any information relating to an identified or identifiable natural person. An “identifiable natural person” is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to their identity.

“ Identifiers ” means the name or pseudonym used by the Client and their password to log in to their Client Account.

“ Web Browser ” means a web browser that allows access to the Site. This includes, but is not limited to, Google Chrome, Safari, Mozilla Firefox or Internet Explorer.

“ Party(ies) ” means alternatively or collectively the Company and/or the Client.

“ Product(s) ” means the 100% made in France play mat(s) for babies and toddlers marketed by the Company on the Site.

“ Services ” means all the functionalities made available to the Client through the use of the Site.

“ Site ” means the Company’s e-commerce website, accessible at the following address: www.tapilou.com .

“ Terminal ” means the smartphone, tablet or any other hardware with an operating system compatible with the Site and from which the Customer accesses the Content and Services.

4 USE OF THE SITE

4.1 Technical prerequisites

The Site is accessible from a Web Browser at the following URL: www.tapilou.com .

The Customer's Terminal must be equipped with a compatible Windows/Android or macOS/iOS operating system. In addition, the Customer's Terminal must be equipped with an up-to-date version of said operating system to ensure optimal operation of the Site.

4.2 Prior identification of a Customer Account

Placing an order requires the creation of a Customer Account.

The Customer must log in using their Identifiers, previously entered via the “My Account” tab.

For a first order, the Customer must follow an account creation procedure and complete the information requested on the Site, namely their first name, last name, an email address and a password.

Once the above-mentioned elements have been completed, an email confirming the creation of the account is sent to the Client.

All Customers are responsible for maintaining the confidentiality and security of their passwords. If they lose or forget their password, they can use the "Forgotten Password" help feature on the login portal page.

4.3 Order History

The Customer will be able to access the history of orders he has placed, in the tab dedicated to this purpose in his Customer Account.

4.4 Access to the Site

The Services are available 24 hours a day, 7 days a week, except in cases of force majeure or problems due to a malfunction of the networks, a malfunction of the tools used by the Client, an interruption of subscriptions to the networks used by the Client, or the need to carry out maintenance on the Site.

In the latter case, the Company will ensure that maintenance operations are carried out or have them carried out at times that are unlikely to interfere with the use of the Services.

The Services are subject to network limitations, but also to the version of the Customer's Terminal, the choice of their Web Browser and the version of their operating system.

5 PRODUCTS

5.1. Description of the Products

The Products offered for sale by the Company are those listed on the Site, on the day the Customer consults the Site, and within the limits of available stocks. The Company reserves the right to withdraw one or more Products from sale at any time.

The Company takes the greatest care in presenting the Products on the Site. However, the photographs illustrating the Products are for informational purposes only and do not constitute a contractual obligation.

Indeed, while every effort is made to ensure that reproductions of the Products, the photos of which are displayed on the Site, are faithful to the original products, variations (in particular slight differences in color and proportion) may occur, in particular due to the technical limitations of color rendering by computer equipment.

Consequently, the Company cannot be held responsible for errors or inaccuracies in the photographs or graphic representations of the Products presented on the Site.

5.2. Availability of Products

The Products are offered within the limits of available stocks. The Company does not guarantee the availability of the Products presented on the Site. In the event of unavailability of one or more of the Products concerned by the order, the Customer will be informed as soon as possible by email or telephone (if provided) of the unavailability of the Product(s) and the cancellation of their order.

In the event of total cancellation of the order due to unavailability, the Customer's order will be automatically cancelled and their bank account will not be debited.

In the event of partial cancellation of the order due to unavailability:

• the Customer's order will be validated and their bank account will be debited for the entire order;
• the Customer will be delivered the available Product(s);
• The Customer will then have the choice between two options:
• make a request for reimbursement of the price of the Product(s) ordered which are not available as soon as possible and, at the latest, within thirty (30) days of payment of the sums paid;
• In the event of temporary unavailability, wait until the out-of-stock Product(s) become available again. If applicable, the Customer must supplement the delivery costs.

6 PRIZES

Product prices are fixed. They are indicated in euros. The current price is the one indicated for each Product on the Site.

These prices take into account the VAT applicable on the day of the order but do not include delivery costs which will be invoiced in addition and will be specified to the Customer upon final validation of their order.

The amount of the delivery costs will be indicated before the Customer confirms the order. The various delivery methods are provided below and may be modified at any time by the Company.

The price charged to the Customer is the price indicated and displayed on the Site when the order is confirmed.

The Company reserves the right, which the Customer accepts, to modify its prices at any time, without any formality other than posting the changes on the Site. These changes will not, however, have any impact on orders that the Customer has validated before these changes come into effect, subject to the availability of the Products ordered.

7 RESERVATION OF OWNERSHIP

The Products ordered remain the property of the Company until full payment of their price by the Company.

8 ORDERS

It is specified that the Products are intended for the Customer's personal use, without any direct connection with the Customer's professional activity. To place an order on the Site, the Customer must be of legal age and have legal capacity.

The Customer must have created a Customer Account prior to any order.

8.1 Order

The Customer places an order directly with the Company on the Site.

Following validation of payment by the Customer, confirmation of acceptance of the order will be sent by email to the Customer by the Company.

The order confirmation includes a summary of the Product(s) ordered, the price, the shipping costs and the order number.

The sale will only be considered definitively formed after validation of payment by the Customer and receipt by the Customer of the email confirming acceptance of the order by the Company.

Validation of payment by the Customer and the email confirming acceptance of the order by the Company will constitute proof of acceptance of said order and its final validation.

From the moment the payment is validated, the order is final and can no longer be modified.

• Pre-order

In the event of a temporary stock shortage or the marketing of a new Product not yet available, the Customer may place a pre-order on the Site under the conditions set out in Article 8.1 and subject to the conditions of the last paragraph of Article 5.2 hereof.

Once the Product(s) are available, the Customer will be delivered in accordance with the provisions of Article 11 hereof.

9 PAYMENT

Unless the server is unavailable, the Customer will pay for their order after final validation on the Site, by Bank Card (Carte Bleue, Visa, Mastercard and American Express), with the possibility of paying in three installments without charge (Alma), by PayPal or by means of their gift card.

Payment is made via a secure server and payment operator. This means that no banking information about the Customer is transmitted via the Site. Payment by credit card is therefore completely secure.

The bank card is debited when the order is validated by the Customer.

The Customer guarantees the Company that he or she has the necessary authorizations to use the payment method chosen at the time of order validation. In the event of refusal by the bank, the order will be automatically canceled.

Purchase invoices are sent by email to the address indicated by the Customer when registering their order on the Site and also available on their Customer Account.

10 GIFT CARD

10.1 Purpose

These provisions govern the conditions of use of the gift card (hereinafter referred to as the “ Card ”) issued and distributed by the Company.

10.2 Purchase of the Card

The Card can only be purchased on the Site.

10.3 Validity of the Card

The Card is valid for 12 (twelve) months from its activation date.

The Card is activated as soon as the order is validated by the Customer.

At the end of the validity period, the Card can no longer be used. Any remaining balance on the Card will then be lost. The Card will not be renewed or exchanged.

10.4 Use of the Card

The Card can only be used by an adult natural person and cannot under any circumstances be the subject of a refund request by the Customer or the Beneficiary.

The Card is not a credit card. It can be used as a means of payment, in one or more installments, during its validity period, only to pay for an order placed on the Site and within the limit of its balance.

If the balance on the Card is not sufficient to cover the amount of the order, the Beneficiary may top it up using another means of payment.

10.5 Loss and theft of the Card

The Customer is responsible for the Card he purchases.

No refunds will be made in case of theft or loss.

10.6 Complaints

The transactions recorded by the Company's computer systems constitute proof of the transactions actually carried out using the Card.

In the event of a dispute over the balance of the Card following its use, the Beneficiary may send a complaint to the Company's Customer Service by mail to the following address: 58 montée de saint menet, 13011 Marseille – FRANCE, via the contact form available on the Site or by email to the address contact@tapilou.com .

11 DELIVERY

11.1 Delivery address

The Products ordered by the Customer will be delivered to the address indicated by the Customer as the delivery address when ordering.

11.2 Shipping and Delivery

Products are shipped within 48 hours (working days) when in stock.

The delivery time and cost depend on the delivery method chosen by the Customer when ordering.

The delivery time begins when the order shipment confirmation email is sent.

For all deliveries, the Products are delivered by GLS or RELAIS-COLIS and the amount of delivery costs is calculated on a flat-rate basis as follows:

Delivery to mainland France:

PARCEL RELAY

STANDARD

3 to 5 days

Five (5) Euros including tax, on the day these General Conditions are drawn up.

GLS

EXPRESS

24h to 48h days

Eight (8) Euros including tax, on the day these General Conditions are drawn up.

GLS

EU STANDARD (it being specified that the list of countries concerned is limited)

Varies by country

Fifteen (15) Euros including tax on the day these General Conditions are drawn up

For Corsica, delivery times are extended by an average of 1 to 2 days.

In the event of delivery to a relay point or post office, the Company excludes all liability in the event that the Customer does not collect the package within the specified time. In such a case, the package will be returned by the carrier at the Company's expense. As a result, any additional delivery costs for a second shipment will be the responsibility of the Customer.

Delivery time indications from carriers are expressed in working days and are provided to the Customer for information purposes only.

12 RECEIPT OF PRODUCTS

The Customer undertakes, upon delivery of the Product(s), to check the conformity and condition of the packaging of the Product(s).

In the event of an anomaly concerning the delivery, in particular deterioration or partial loss of the Product(s) (items missing compared to the Company's invoice, late delivery, etc.), the Customer must imperatively formulate, upon receipt, reservations which must be made via the contact form available on the Site or by telephone on the following number: 07.49.10.01.95 within a maximum period of fourteen (14) days from receipt of the Products.

In the event of a missing Product, if it is found before the delivery date indicated, the Product may be re-routed to the delivery location designated in the order confirmation email.

If the order or the missing Product has not been delivered after the delivery date indicated, for any reason other than a case of force majeure, the Customer must immediately inform the Company of the delay in delivery and ask it to regularize the situation by requesting the return or reimbursement of the Product.

13 RIGHT OF WITHDRAWAL AND RETURN OF PRODUCTS

In accordance with the provisions of Article L. 221-18 of the Consumer Code, the Customer has a period of fourteen (14) days, from receipt of the Products ordered on the Site, to notify the Company of their wish to exercise their right of withdrawal.

This right of withdrawal cannot be exercised for Product(s) damaged or spoiled after opening and/or unsealing and/or used after delivery.

The Product(s) must be returned in its original packaging and in a condition suitable for resale in new condition.

To do this, the Customer must attach to the shipping package the withdrawal slip, a copy of which is attached hereto.

All packages must be returned to the following address:

KAIROS LOGISTICS P/C Tapilou

Platforms 18 to 23

René Cassin Street

77290 Mitry Mory

From 9 a.m. to 12 p.m. and from 2 p.m. to 4 p.m.

Return costs are the responsibility of the Customer

Any risk associated with the return of the Product(s) is the responsibility of the Customer. The Company recommends that its Customers subscribe to a parcel tracking option in order to avoid any inconvenience in the event of loss or theft of the Product(s) during return transport.

If the above-mentioned conditions are met, the Company will reimburse the Customer, by the same means of payment as that initially used, all sums incurred when ordering the returned Product(s), within a maximum period of fourteen (14) days from the most recent of the following dates:

• either on the day the Company receives the returned Product(s);
• either from the day on which the Customer provides proof of shipment of the goods for which he exercised his right of withdrawal, whichever is the earliest.

Furthermore, in the event that the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Company, the additional costs will be borne by the Customer.

In the event of a partial return of the Products, only the price of the returned Product(s) will be refunded by the Company and not the delivery costs, to the extent that the Customer has benefited from the delivery service for the items kept and that the delivery rates do not change depending on the volume ordered.

14 GUARANTEES

14.1 Customer Guarantees

The Customer guarantees not to harm the image of the Company in any way through inappropriate use of the Product(s).

The Customer guarantees to use the Product(s) in accordance with its/their respective purpose.

By creating an account, in accordance with Article 4.2 of the General Conditions, the Client guarantees to provide accurate and up-to-date information concerning his identity and contact details.

14.2 Company Guarantees

14.2.1 the Company guarantees that the Products sold on the Site comply with the regulations in force in France and the European Union and in particular with Directive 2009/48/EC of the European Parliament and of the Council of June 18, 2009 relating to the safety of toys.

The Products are guaranteed free from harmful substances by the Oeko-Tex label [1] .

The Products supplied by the Company benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions:

• of the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order;
• of the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the Products delivered and making them unfit for use.

14.2.2 the Company guarantees that it holds all rights, including intellectual property rights, to the Products. As such, it guarantees the Customer against any recourse from third parties and will compensate the Customer for all costs incurred in ensuring its defense and will compensate it for all sums it may be required to pay in the event of a conviction or settlement.

14.2.3 the Company guarantees that access to the Site in accordance with article 4.1 of the General Conditions is not affected by any virus, Trojan horse or any other element likely to damage the Customer's Terminal.

14.3 Exclusion of warranties

The Company disclaims any warranty in the following cases:

• use of the Product(s) by the Customer not in accordance with its intended purpose and its instructions for use;
• willful damage by the Customer to the integrity of the Product(s).

Furthermore, the Company does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error.

15 RESPONSIBILITY

15.1 Subject to the provisions below, the Company's liability may only be incurred in the event of a fault on its part resulting in direct and proven damage to the Client, provided that the latter demonstrates a direct causal link.

The Company cannot be held liable in any way for any indirect damage suffered by the Client such as, but not limited to, loss of data, loss of profits or any other inconvenience.

The Company's liability may not be incurred by the Client if the latter finds at least part of the origin of its damage in the total or partial non-performance of its obligations resulting from these General Conditions.

15.2 The Company is only bound by an obligation of means. The Customer remains the sole judge of the appropriateness and suitability of the Products ordered for their needs and consumption.

The Company cannot be held liable for use of the Products that does not comply with their intended purpose and instructions for use.

As delivery times are provided for information purposes only, the Company cannot be held liable in the event of a delay in delivery of the Product(s) subject to the order.

15.3 It is recalled that the Customer, prior to placing an order, declares that he has full legal capacity, allowing him to enter into a commitment under these General Conditions.

The Company cannot under any circumstances be required to verify the legal capacity of visitors to the Site and its Customers.

Consequently, if a person without legal capacity orders Products on the Site, their legal guardians will assume full responsibility for this order and must, in particular, honor the price.

15.4 The Client acknowledges having read all the technical prerequisites necessary for the proper functioning of the Site, and may not in any way seek liability from the Company for any malfunction of the Site.

The Company is subject to the limitations and characteristics of telecommunications networks and services, and therefore cannot be held responsible for malfunctions or interruptions of the Site's Services related to the coverage of the Internet network or mobile telephone networks, regardless of the duration or for any reason whatsoever. However, the Company undertakes to use its best efforts to try to resolve these difficulties as quickly as possible.

The Company shall not be liable in the event of loss, alteration or fraudulent access to the Client's personal data, accidental transmission, viruses or other harmful elements resulting from access to the Internet or transmissions by electronic mail.

In any event, the Company's liability is limited to the replacement or reimbursement of the Product(s) which are non-compliant or affected by a defect.

16 INTELLECTUAL PROPERTY

16.1 Rights attached to the Site

The Company and SHOPIFY are the exclusive owners of the Site and its Content.

The Site and its Content are protected under copyright, trademark law, database producers or any other intellectual property right recognized by current legislation.

Consequently, any copy, imitation, reproduction, representation, adaptation, alteration, modification, distribution, in whole or in part, of the Content of the Site, without prior authorization, is prohibited and may lead to legal action.

The Client is not authorized under any circumstances to assign, transmit, lend, rent, distribute the Site to a third party, nor make it available to a third party in any way, whether free of charge or for a fee.

Likewise, within the limits permitted by law and subject to any other provision contained in these General Conditions, the Client may not, under any circumstances and under any pretext whatsoever, modify, adapt, alter, rework, transform, translate all or part of the Site, copy, reproduce, duplicate the Site for purposes other than use for its own needs, create derivative works from the Site or its Content.

Thus, the Client is expressly prohibited from using techniques allowing access to the source code or circumventing the Site's security systems.

16.2 Rights attached to the Products

The intellectual property rights attached to the Products sold on the Site are and remain the exclusive property of the Company. All exploitation rights are exclusively reserved to it.

Under these conditions, no one is authorized to reproduce, exploit, distribute or use in any capacity whatsoever, even partially, the intellectual property rights, without the prior written consent of the Company.

The TAPILOU brand is a registered trademark. Any reproduction therefore constitutes an infringement.

In any event, the General Conditions cannot in any way confer any right to any distinctive sign held by the Company.

17 CONFIDENTIALITY

Confidential information of any nature transmitted by one of the Parties will be identified as such at the time of its communication to the other Party. The latter undertakes not to disclose it to third parties and to communicate it only to those members of its staff who have a need to know it, and to give it the same degree of care and protection as it gives to its own confidential information.

This confidentiality obligation applies for the entire duration of these General Conditions and for five (5) years following their termination for any reason whatsoever.

18 PERSONAL DATA

For the purposes of the relationship between the Parties, under these terms, the Company is required to collect and process Personal Data from Customers in accordance with Law No. 78-17 of January 6, 1978 and European Union Regulation No. 2016/679 of April 27, 2016 (hereinafter referred to as the “ GDPR ”).

The conditions of collection and processing are defined in the Confidentiality and Protection of Personal Data Policy, which can be consulted at any time from the Site.

In accordance with the GDPR, the Client may, at any time, exercise his rights of access, rectification, limitation, erasure or opposition to the processing of personal data concerning him.

Likewise, the Client has a right to the portability of his data which must be returned to him in a structured, commonly used and machine-readable format.

The Client also has the right to contact the CNIL in the event of non-compliance with the legislative and regulatory provisions relating to the protection of Personal Data.

This information is included and supported in the aforementioned Privacy and Personal Data Protection Policy.

19 FORCE MAJEURE

Any non-performance, partial or defective performance by one of the Parties of its obligations under the Contract resulting from a case of force majeure, within the meaning of Article 1218 of the Civil Code, does not constitute a breach of the obligations of the Contract on the part of that Party and cannot incur its liability.

The occurrence of a case of force majeure results in the automatic termination of the Contract.

20 MISCELLANEOUS PROVISIONS

20.1 If one or more provisions of the General Conditions were held to be invalid or declared as such pursuant to a treaty, law or regulation, or following a final decision of a competent court, the other provisions shall retain their full force and scope.

20.2 No act, delay in acting or any other attitude, passive or active, on the part of one of the Parties shall be deemed to constitute for that Party a waiver of any of the rights and actions to which it is entitled under the General Conditions, unless this waiver is evidenced by a writing signed by a duly authorized representative.

20.3 The General Conditions may not, in any way, create a legal link outside the purpose for which they are accepted, nor establish the conclusion of one or more other agreements between the Parties.

21 LANGUAGE – APPLICABLE LAW – DISPUTES

The Contract is governed and interpreted in accordance with French laws and regulations.

In the event of a dispute concerning the validity, formation, execution or interpretation of the Contract, the Parties will attempt to resolve their dispute amicably.

In the absence of an amicable settlement of the dispute within one (1) month, the French courts will have sole jurisdiction. However, and in accordance with Article 6 §2 of the Rome I Regulation, Internet users residing within the European Union may benefit from any more protective and mandatory provisions of their national law.

ANNEX 1: MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the Contract. We advise you to also specify your order number).

To the attention of TAPILOU - 58, montée de Saint-Menet, Residence les Jardins d'Hellènes V5, 13011 Marseille – France.

Email: [to be completed]

I hereby notify you of my withdrawal from the Contract for the sale of the Product(s) below:

Product Reference(s) [to be completed]

Ordered on [to be completed] (order date) and/or received on [to be completed] (delivery date)

Client Name: [to be completed]

Customer Address: [to be completed]

Client's signature (only if this form is notified on paper)

Date: [to be completed]

For any information, you can contact the after-sales service at [to be completed] or by telephone at [to be completed]

[1] The Oeko Tex 100 standard guarantees that the product has been tested for approximately 100 chemicals such as pesticides, carcinogenic dyes and heavy metals.