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Last revision of these Terms of Sales: November 30, 2018
These Terms of Sales are governed by and subject to French law. The following text was translated from French to English. The French text ( https://br.sithon-technologies.com/fr/content/13-conditions-generales-de-vente-br ) prevails over this text.
These Terms of Sales apply without restriction or reservation to all sales concluded by the company "SITHON TECHNOLOGIES" ("The Seller") to buyers ("Customers or Customer "), for a strictly personal use, and wishing to acquire the products proposed for sale by the Seller ("The Products"):
- Connected products
- Software provided on smartphones (and paying software options),
By immediate purchase or by placing an order.
They specify the conditions of immediate purchase, ordering, payment, and delivery or delivery of the Products ordered by the Customers.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are contractual on the day of delivery and does not prejudge on the part of the seller to make any software modifications as well as the product. The photographs and graphics to be presented, as well as the catalog available on the Internet are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential characteristics.
Customer is fully aware that use of the Products requires subscription to an associated service via the Apple Store and Google Play platforms.
Product offers are subject to availability.
These Terms of Sales apply to the exclusion of any other terms and conditions, including those applicable to sales on the Internet or through other channels of distribution and marketing. These Terms of Sales are systematically communicated to any Customer prior to the immediate purchase or ordering and will prevail, if applicable, on any other version or other contradictory document.
The Customer declares to have taken note of these Terms of Sales and to have accepted them before its immediate purchase or the placing of its order. As these Terms of Sales may be subject to subsequent modifications, the version applicable to the Purchase of the Customer is that in force on the date of the immediate purchase or the placing of the order.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these Terms of Sales.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The price list is available on the Internet at the following address: https://www.sithon-technologies.com
These prices are firm and not subject to revision during their period of validity, as indicated on the Seller's prices catalog, the latter reserving the right, outside this period of validity, to modify the prices at any time. For Products not withdrawn by the Customer himself, the prices do not include the processing, shipping, transport and delivery costs, which are invoiced in addition, and calculated before the immediate purchase or the placing of the order. The payment requested from the Customer corresponds to the total amount of the sale, including these costs.
Any additional customs duties and local taxes are not covered by the Seller. The Customer is therefore invited to inquire about these aspects with the corresponding local authorities.
The price is payable in cash, in full on the day of the immediate purchase or the order by the Customer, according to the following method of payment (availability of payment methods according to the country of purchase):
- Payment by credit card: Visa, MasterCard, other credit cards
- Payment methods by Paypal
Payments made by the Customer will be considered as final only after actual collection of the sums owed by the Seller.
Products ordered or purchased by the Customer in the event of immediate purchase will be delivered to the address indicated by the Customer at the time of purchase or order and within the time specified by the Seller when placing the order or Fault within one (1) month from the date of order.
Delivery is the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make his best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these deadlines are given for information only. If the Products ordered have not been delivered within two (2) months after the indicative delivery date, for any cause other than force majeure, the sale may be resolved at the written request of the Customer under the conditions provided Articles L 138-2 and L 138-3 of the Consumer Code.
The sums paid by the Customer will then be returned to him no later than fourteen days after the date of termination of the contract, excluding any compensation or withholding.
The transfer of ownership of the Products of the Seller will be realized upon acceptance of the order by the Seller, materializing the agreement of the parties on the thing and on the price and this whatever the date of the payment and the delivery.
The Products offered for sale comply with the regulations in force in France and are compatible with non-professional uses of a purely recreational nature. The Seller disclaims all liability for the use of the Products for a different purpose than that announced by the Seller.
The functionality of the software provided with our Products does not substitute for any service offered by a third party specialist. These features are only offered for recreational purposes.
The Products supplied by the Seller shall be entitled, without any additional payment, in accordance with the legal provisions,
- the legal guarantee of conformity, for the Products apparently defective, damaged or damaged or not corresponding to the order or the immediate purchase,
- the legal warranty against latent defects arising from a defect in material, design or workmanship affecting the products delivered and rendering them unsuitable for use, under the conditions and according to the modalities referred to in the box below And defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
- has a period of two years from the issuance of the property to act against the Seller;
- may choose between repairing or replacing the ordered Product, subject to the cost conditions laid down in Article L 211-9 of the Consumer Code;
- is exempt from providing proof of the lack of conformity of the Product during the six months following the delivery of the Product. This period shall be extended to 24 months from 18 March 2016, except for second-hand goods.
The legal warranty of conformity applies irrespective of the commercial warranty that may cover the Product. The Customer may decide to implement the guarantee against the hidden defects of the Product in accordance with article 1641 of the Civil Code; In this case, it can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Customer must notify the Seller in writing of the non-conformity of the Products within the aforementioned timeframes and return or return to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions ...).
The Seller shall refund, replace or cause to be repaired the Products or parts under warranty found to be invalid or defective. In case of delivery, the shipping costs will be refunded on the basis of the invoiced rate and the return costs will be refunded on presentation of the justifications. Repayments of non-compliant or defective products will be deemed made as soon as possible and at the latest within 30 days of finding the Seller the lack of conformity or hidden defects.
The refund will be made by credit to the Customer's bank account.
The Seller shall not be liable in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, it is up to the Customer to check,
- In case of misuse, use for professional purposes, neglect or lack of maintenance by the Customer, as in case of normal wear of the product, accident or force majeure.
The Seller's guarantee is, in any case, limited to the replacement or the refund of the Products that are not in conformity or affected by a defect.
The Seller retains ownership of all intellectual property rights relating to presentations, studies, designs, models, prototypes, etc., carried out (even at the request of the Customer) with a view to supplying the Products to the Customer.
The Customer is therefore prohibited any reproduction or exploitation of said photographs, presentations, studies, designs, models and prototypes, etc., without the express prior written authorization of the Seller which may condition it to a financial counterparty.
By express agreement, these Terms of Sales and the transactions arising therefrom are governed by and subject to French law.
These Terms of Sales are written in English.
Should they be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ALL DISPUTES TO WHICH PURCHASE AND SALE OPERATIONS CONCLUDED PURSUANT TO THE PRESENT TERMS OF SALES MAY PROVIDE FOR THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, THEIR CONSEQUENCES AND THEIR SUITES AND WHICH WOULD NOT HAVE BETWEEN THE SELLER AND THE CUSTOMER, WILL BE SUBJECT TO COMPETENT TRIBUNALS UNDER THE CONDITIONS OF COMMON LAW.
The Customer is informed that he may in any event resort to a mediation procedure, in particular with the Commission for Consumer Mediation (C. Consom.L 534-7) or with the existing sectoral mediation, or any alternative means of dispute settlement (conciliation, for example) in case of dispute.
The Customer acknowledges having communicated, in a clear and comprehensible way, prior to the immediate purchase or the placing of his order and the conclusion of the contract, of these Terms of Sales and of all the information listed in the Article L.121-17 of the Consumer Code, and in particular the following information:
- The essential characteristics of the Product,
- The price of the Products and related costs (delivery, for example);
- In the absence of immediate execution of the contract, the date or the time at which the Seller undertakes to deliver the Product,
- Information concerning the identity of the Seller, his postal, electronic and business contacts, if they do not appear in the context,
- Information relating to legal and contractual guarantees and the way in which they are implemented,
- The functionality of digital content and, where appropriate, its interoperability,
- The possibility of resorting to mediation in the event of a dispute.
The fact that a natural person (or legal entity), to make an immediate purchase or to order a Product entails adhesion and full acceptance of these Terms of Sales and obligation to the payment of the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable to the Seller.
The Customer has a right of withdrawal of fourteen (14) days from the date of receipt to notify the Seller of its decision to withdraw. The Customer must then return the Product(s), in their original packaging and unopened, no later than fourteen (14) days from the notification of this decision to withdraw. The Customer shall bear the cost of returning the Product(s). The returned Product(s) must not have been used by the Customer.
Article L211-4 of the Consumer Code:
The seller is obliged to deliver goods conforming to the contract and is liable for defects of conformity existing at the time of issue. It also answers to the defects of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to it by the contract or was carried out under its responsibility.
Article L211-5 of the Consumer Code:
To comply with the contract, the property must:
- Be fit for the usual expected use of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or model
- present the qualities which a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labeling
- Or present the characteristics defined by mutual agreement by the parties or be specific to any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed by two years from the delivery of the property.
Article L211-16 of the Consumer Code:
Where the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, to rehabilitate the property covered by the guarantee, At least seven days in addition to the remaining warranty period. This period shall run from the buyer's request to intervene or the making available for repair of the goods in question if such availability is subsequent to the request for intervention.
Article 1641 of the Civil Code:
The seller is liable for the hidden defects of the thing sold which render it unfit for the use for which it is intended or which so diminish that use that the purchaser has not acquired it, Would have given a lesser price if he had known them.
Article 1648 paragraph 1 of the Civil Code:
The action resulting from the unacceptable defects must be brought by the purchaser within two years from the discovery of the defect.