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General Terms and Conditions of Sale (GTC)

Updates as of 12 June 2026


1.GENERAL

    These general conditions apply to any rental contract concluded between CARDIHOME SRL ("theLessor ") and the client acting in the context of their professional activity ("theTenant »).

    The rental of equipment and indoor sports machines (hereinafter "the Equipment ") by the Lessor to the Tenant is exclusively governed by the rental contract concluded between the parties, consisting of these general rental conditions and the specific conditions (hereinafter collectively referred to as "theContract "), to the exclusion of the Tenant's general conditions. 

    In the event of a contradiction between the general rental conditions and the specific rental conditions, the latter shall prevail. The Tenant declares to have read and accepted these general rental conditions as well as the specifications referred to in the specific rental conditions.

    Unless otherwise provided in the special conditions, the Contract is generated via the management system chosen and used by the Lessor and is concluded when the Tenant returns the Contract duly signed, either by online electronic validation or by handwritten signature.

2.PROVISION OF EQUIPMENT

    The Lessor makes available to the Tenant, who accepts it, under the conditions set out below, the Equipment, as described in the special conditions, for rental and subject to availability. The Lessor undertakes to provide the Equipment in perfect working order and to ensure timely maintenance in case of breakdown, without prejudice to the Tenant's obligation, as referred to in Article 4 of these general conditions, to ensure that the Equipment is maintained in an optimal state of repair.

    The Equipment is made available in its basic version. The Tenant is exclusively and fully responsible for the choice of the rented Equipment. The rented Equipment is standard equipment that is not specifically designed for the needs of the Tenant, nor adapted by the Lessor, at the request of the Tenant, to the needs defined by the latter. The Lessor cannot be held responsible if the rented Equipment does not meet the specific needs of the Tenant.

    The Tenant bears the cost of delivering the Equipment for a flat fee of 60.00 EUR excluding VAT unless they collect it themselves.

    The Lessor cannot be held responsible in the event of any delivery delay. If the Lessor is unable to deliver the Equipment requested by the Tenant, the Lessor shall be entitled to cancel the rental request for the Equipment free of charge.

    The Tenant expressly and unreservedly acknowledges that all Equipment made available to them by the Lessor under the Contract remains, in all circumstances, the exclusive property of the Lessor, notwithstanding its incorporation or installation in a building or premises occupied by the Tenant, for any reason whatsoever. In the event that a third party attempts to assert their rights over the Equipment, the Tenant must immediately inform the Lessor and take the necessary measures to inform this third party of the Lessor's exclusive property rights over the Equipment.

3. OBLIGATIONS OF THE TENANT

    The Tenant agrees to keep the Equipment and to use it as a good father of a family, in accordance with its intended use and the provisions of the Contract.

    Prior to any use, the Tenant acknowledges having examined the Equipment in detail. Any malfunction must be reported to the Lessor within three (3) calendar days from the effective availability of the Equipment. Failing this, any damage will be irrebuttably presumed to have been caused by the Tenant, in accordance with Article 8 of these general conditions.

    The Tenant confirms that the Lessor cannot in any case be held liable for any hidden defects of which the Lessor was unaware.

    The Tenant may not sublet, in whole or in part, nor assign or modify, deteriorate or transform, pledge or encumber the Equipment in any way.

    When the Equipment is installed in a premises that the Tenant occupies under a lease agreement, the Tenant agrees to have included in said lease agreement, upon its conclusion or, if applicable, by amendment, but in any case before integrating the Equipment into the premises, a clause expressly stating that:

    • The Equipment, for which a complete and detailed list of the relevant equipment must be drawn up, remains in any case the exclusive property of the Lessor;
    • The Equipment may in no case be considered as a movable item or accessory subject to the right of retention, pledge, preference or priority of the property lessor, particularly in the event of default in payment of rents, seizure, bankruptcy or any other insolvency proceedings of the Tenant;
    • The property lessor acknowledges this exclusive ownership of the Lessor and expressly waives any right, claim or privilege over the Equipment.

    2. At the first request of the Lessor, the Tenant shall provide a copy of the relevant provisions of their lease agreement (or its amendment) demonstrating the inclusion of the clause referred to in the previous paragraph, duly signed by the property lessor. As long as this proof is not provided, the Lessor may suspend the delivery or installation of new equipment and/or require additional guarantees, without prejudice to any other rights or remedies of the Lessor.

    The Tenant indemnifies the Lessor against any loss, cost, claim or proceedings arising from the property lessor or any third party claiming any right over the Equipment due to the absence or inadequacy of the clause referred to in the property lease agreement, and shall compensate the Lessor for any resulting damage and expenses. 

4.USE OF THE EQUIPMENT

    The Tenant agrees to use the Equipment as a normally prudent and diligent tenant and to maintain it in an optimal state of repair. 

    The Tenant expressly agrees to comply with all instructions from the manufacturer of the Equipment as well as any user manual or operating manual freely accessible online, where applicable. 

    It is strictly prohibited for the Tenant to disable or circumvent the safety features of the Equipment. The Tenant may not modify either the appearance or the normal use of the Equipment. Under no circumstances shall the Tenant remove, render unreadable, or in any way disrupt the references to the ownership rights of the Lessor or the identification data of the Lessor, as they are affixed to the Equipment.

5.RETURN OF THE EQUIPMENT

    The Equipment must be returned in its original condition – except for normal wear and tear of the Equipment – to the location specified by the Lessor, at the Tenant's expense, no later than the last day of the rental period. If the Tenant does not return the Equipment themselves, this return will be carried out by the Lessor and will be charged to the Tenant at a flat rate of 60.00 EUR. 

    The Equipment will be subject to an inspection by the Lessor. In the event of any damage noted upon return, it is presumed that this damage occurred irrefragably during the rental period, in accordance with Article 8, both for apparent defects and for hidden defects. If applicable, the Tenant will pay the necessary repair costs to restore the Equipment to its original condition.

6.RENTAL PERIOD

    The Contract is concluded for a fixed term of one (1) year, effective from the date of signature of the Contract by the Parties, unless otherwise agreed in writing. The rental period includes the days of delivery of the Equipment to the Tenant and of return to the Lessor. 

    Unless at least one of the Parties notifies the other Party at least one (1) month before the end of the fixed term of one (1) year that it does not wish to extend the Contract, it will be automatically extended for a fixed term. 

    Any early termination or unilateral breach of the Contract by the Tenant, in violation of these general conditions, will automatically result in the immediate enforceability of the entirety of the remaining rents due until the end of the agreed contractual period.

    From the conversion to an indefinite duration Contract, each Party may terminate it at any time subject to giving one (1) month's notice, notified in writing to the other Party.

7.RENT AND PAYMENT

    The flat-rate rent is mentioned in the special conditions and varies according to the number and type of equipment rented. All prices mentioned in the Contract are inclusive of VAT.

    The Tenant shall pay, no later than the effective date of the Contract and, in any case, before the Equipment is made available, a deposit of a flat amount of 100.00 EUR. The deposit will be refunded without interest after the expiry date of the Contract if the Equipment has been returned in perfect condition in accordance with Article 5 and if the conditions of the Contract have been properly complied with, including the payment of any amounts due to the Lessor. 

    Unless otherwise stated in the special conditions, the rent must be paid no later than the tenth day of the current month, by European SEPA direct debit, to the bank account number mentioned in the special conditions.

    In the event of a rejection or payment incident via SEPA direct debit, a flat administrative fee of 15.00 EUR will be charged to the Tenant for each incident. The Tenant also agrees to inform the Lessor of any change in bank account no later than fifteen (15) days before the next payment due date. Failing this, they will bear all costs that may be related to a payment rejection.

    In the event of a delay or failure to make total or partial payment by the due date, a flat compensation is owed by the Tenant, which is set at 10% of the unpaid amount, with a minimum of 75.00 EUR. 

    Any amount due by the Tenant under the Contract that has not been paid by its due date will automatically and without notice incur interest equal to the rate provided by the Law of 2 August 2002 concerning the fight against late payment in commercial transactions, per month until full payment, without prejudice to all other rights and means of the Lessor.

    The Lessor will send the Tenant a formal notice by registered letter in the event of default or delay in payment. The period of eight (8) days to regularise the situation will begin to run the day after the date of sending this letter. Each formal notice sent by the Lessor will result in the billing of flat administrative fees of 15.00 EUR to be borne by the Tenant.

    In the event of non-payment of a single rent installment by its due date, and failing regularisation within the allotted time after a formal notice that has gone unheeded, all remaining rents due until the end of the Contract will become immediately payable, without prejudice to the Lessor's right to seek termination of the Contract due to the Tenant's fault.

    All costs related to a recovery procedure initiated by the Lessor to obtain payment of the amounts due by the Tenant shall be fully borne by the Tenant, without prejudice to the flat-rate compensation of 10% of the principal amount remaining due, with a minimum of 75.00 EUR.

8.DAMAGE

    The Tenant assumes full responsibility for all risks of loss, theft, destruction or damage caused to the Equipment, whatever the cause, and whether or not covered by insurance. The aforementioned risks pass from the Lessor to the Tenant at the time of delivery, as provided in Article 2, and the risk passes from the Tenant to the Lessor at the time of return, as provided in Article 5 of these general conditions. 

    In the event of loss, theft, destruction or damage rendering the Equipment unusable, the Tenant shall be required to pay the Lessor the cost of its replacement, which may be charged against the deposit provided for in Article 7.

    The replacement costs of the Equipment depend on the equipment chosen by the Tenant and are set as follows:

    • « ROW » : 1,149.00 EUR (including VAT) ; 
    • « BIKEERG » : 1,399.00 EUR (including VAT) ; 
    • « SKIERG » : 1,449.00 EUR (including VAT) ; 
    • « ROGUE ECHO BIKE » : 1,099.00 EUR (including VAT) ; 
    • « ASSAULT AIRRUNNER PRO » : 4,499.00 EUR (including VAT). 
    • « ASSAULT AIRRUNNER Classic » : 3,399.00 EUR (including VAT).

    2. If the replacement cost exceeds the amount of the deposit paid, the Tenant agrees to pay the balance immediately, in order to fully compensate the Lessor for the damage suffered. 

    In the event of theft or total loss of the Equipment, the amount due to the Lessor for the replacement shall be payable immediately and without prior notice.

    All damage, except for normal wear and tear of the Equipment, which will be noted upon the return of the Equipment and which was not present at the delivery of the Equipment, will be irrefragably presumed to have been caused by the Tenant and will be charged to them. The risk associated with the use of the Equipment is the responsibility of the Tenant for the entire duration of the Contract. 

9. LIABILITY

    The Lessor is responsible for direct damages resulting from the negligent non-performance of its contractual obligations, within the limits set out in this article.

    The Lessor shall in no case be held liable for indirect damages, such as loss of revenue, clientele, or any other economic or commercial harm, except in cases of fraud or intentional wrongdoing on their part.

    Any liability of the Lessor is in any case, except in cases of fraud and intentional wrongdoing, limited to the rent received for the Equipment in question, excluding VAT and fees. 

    Any claim for compensation for damage made by the Tenant to the Lessor is in any case barred twelve (12) months after the event that caused the damage. The Tenant acknowledges that the Lessor's limitation of liability also applies in cases of serious but unintentional fault on the part of the Lessor.

    If the Tenant suffers material or bodily damage during the use of the Equipment, they may in no case claim compensation from the Lessor, except in cases of fraud or intentional wrongdoing by the Lessor.

    The Tenant acknowledges that the repair of any damage caused as a result of an operational fault committed by an auxiliary of the Lessor (including (the permanent representatives of) its directors) in the execution of the contractual obligations of the Lessor, constitutes solely a basis for a contractual liability action against the Lessor and, within legal limits, does not constitute a basis for a tort liability action against the auxiliaries of the Lessor, even in the case of an unlawful act that caused the damage, except in cases of fraud, intentional fault or fault of the employee resulting in harm to the physical or mental integrity of the Tenant.

10.EARLY TERMINATION

    The Lessor may, after a reasoned formal notice inviting the Tenant to comply and remaining ineffective after a period of eight (8) days, terminate the Contract at any time and with immediate effect, at the expense and charges of the Tenant if the Tenant fails to comply with any of its obligations, and in particular in the event of non-payment of a rent due on its due date. 

    In the event of termination due to the Tenant's fault, the Tenant shall be required to pay the Lessor a termination fee equivalent to three (3) months' rent, which may be deducted from the deposit referred to in Article 7.

    In the event of termination, all rents due shall become immediately payable and the Tenant must return the Equipment to the Lessor on the same working day. If the Tenant does not return the Equipment, the Lessor is authorised to reclaim the Equipment from the Tenant's premises, in compliance with applicable legal provisions. If the Tenant opposes this, the Lessor reserves the right to initiate any useful legal action to recover its property. The costs arising from such recovery shall be borne by the Tenant. 

    The recovery and resale or re-letting of the Equipment do not prevent the Lessor from claiming damages from the Lessee, without prejudice to all the rights of the Lessor. 

    If the Equipment is stolen and not recovered within a period of ten (10) days or if the Equipment is damaged and cannot be repaired within a period of ten (10) days, the Lessor may terminate the Rental Agreement due to the fault of the Lessee, with immediate effect on the tenth day concerned, without prejudice to the right of the Lessor to recover from the Lessee all costs covering the damages suffered.

11.INSOLVENCY OF THE LESSEE

    In the event of bankruptcy, judicial reorganisation, seizure or any other insolvency or enforcement procedure affecting the Lessee, the latter (or its organs, curator, administrator, judicial representative) shall fully cooperate with the Lessor to enable the rapid recovery of the Equipment, and shall immediately inform the property lessor and the competent authorities of the exclusive ownership of the Lessor over the Equipment, which shall in no case be part of the assets of the Lessee. In such a case, the Lessor may terminate the Agreement due to the fault of the Lessee. 

12.FORCE MAJEURE AND UNFORESEEABILITY

    In the event of force majeure on the part of the Lessor, the obligations of the Lessor towards the Lessee are suspended. 

    If the force majeure situation on the part of the Lessor persists for more than two (2) months, the Lessor or the Lessee has the right to terminate the contract without judicial intervention and without being liable for damages.  

    By force majeure, we mean circumstances (unforeseeable or not) independent of the will of the Lessor and which could not reasonably have been prevented, making the execution of the Contract wholly or partially impossible, temporarily or otherwise, such as, but not limited to: war, terrorism, terrorist threats, riots, disturbances, quarantine, general or partial strikes, lockouts, fire, lack of means of transport, epidemics, decisions or interventions by authorities, fuel shortages, energy shortages and faults or delays attributable to third parties. 

    In the event of a (reasonably) unforeseeable change in circumstances making the execution of the Contract by the Lessor excessively difficult, such that its execution can no longer be reasonably demanded, the Lessor has the right to request the Tenant to renegotiate or terminate the Contract. If the parties do not reach an agreement within a reasonable period of one (1) month, the court may, in the context of a procedure akin to summary proceedings, modify or terminate the Contract. During the renegotiation and/or judicial proceedings, the Lessor may suspend its obligations. 

    The Tenant's right to request the adaptation or termination of the Contract in the event of a change in circumstances on their part is expressly excluded.

13.DATA PROCESSING

    The Tenant and the Lessor undertake to comply with their respective obligations under the applicable legislation on privacy protection, including, but not limited to, the General Data Protection Regulation 2016/679 ("GDPR") and the Law of 30 July 2018 (Law on the protection of individuals with regard to the processing of personal data). 

14.SEVERABILITY

    The nullity or inapplicability of a clause (complete or partial) or of several clauses of these general conditions does not affect the validity or applicability of the other clauses or of the part of the concerned clause that is not null or inapplicable. 

    Where applicable, the parties will negotiate in good faith with a view to replacing the inapplicable or contradictory provision with an applicable and valid provision that comes as close as possible to the object and scope of the initial obligation.

15.APPLICABLE LAW AND COMPETENT COURT

    The parties declare that the Contract and the rights and obligations arising therefrom are exclusively governed by Belgian law.  

    Any dispute relating to the validity, interpretation or execution of the Contract falls under the exclusive jurisdiction of the courts of the district of Charleroi. 

    Drafted by KPMG Law Firm.