Our terms and conditions of sale
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PRELIMINARY ARTICLE - PRESENTATION OF THE SAS EQUISENSE
1 - DEFINITIONS
2 - CONDITIONS OF APPLICATION OF THESE GENERAL CONDITIONS
3 - PURPOSE
4 - ORDER COMPLETION & PAYMENT
4.1. PRICES, FEES & TAXES
4.2. INFORMATION REQUIRED FOR ORDERING AND DELIVERY
4.3. SUMMARY
4.4. PAYMENT OBLIGATION & FIGHT AGAINST FRAUD
4.5. ARCHIVING
5 - COMPLETION OF THE DELIVERY
5.1. PRECAUTIONS.
5.2. DELIVERY TERMS & TRANSFER OF RISK.
6 - DELAY & FAILURE TO DELIVER
6.1. FAILURE TO DELIVER
6.2. DELAY IN DELIVERY & RESOLUTION
7 - RIGHT OF WITHDRAWAL
7.1. RIGHT OF WITHDRAWAL FOR PRODUCTS.
7.2. RIGHT OF WITHDRAWAL FOR SERVICES AND SUBSCRIPTIONS.
7.3. EXCEPTIONS.
8 - MODIFICATION OF THE PRESENT
9 - SPECIFIC PROVISIONS FOR PRE-ORDER OFFERS.
10 - SPECIFIC PROVISIONS FOR SUBSCRIPTION-BASED OFFERS.
11 - AFTER-SALES SERVICE
12 - DATA
12.1. Ownership of DATA
12.2. Access to DATA
12.3. Accessibility and security of DATA and PERSONAL DATA.
13 - GUARANTEES
13.1. Guarantees applicable to equipment sold by EQUISENSE.
13.2 Warranty applicable to the SERVICES.
14 - LIABILITY
15 - COMPLIANCE WITH LAWS AND REGULATIONS
16 - MISCELLANEOUS PROVISIONS
17 - APPLICABLE LAW AND JURISDICTION
GENERAL TERMS AND CONDITIONS OF SALE
Solution EQUISENSE
PRELIMINARY ARTICLE - PRESENTATION OF THE SAS EQUISENSE
SAS MICROMEGAS, hereinafter referred to as " EQUISENSE ", is a simplified joint stock company with a capital of one hundred and seventy (170.00) Euros, whose head office is located in Bidart (64210) 231 allée Faust d'Elhuyard, registered in the Bayonne Trade and Companies Register under number 881.570.444, represented by Mr Brice Goguet, Executive Director.
The unique identifier of the company is: 532775: FR217488_01HHQR
DEFINITIONS
Whenever used herein in capital letters, the following terms shall have the meanings hereinafter assigned to them, regardless of their gender or number:
PURCHASER: shall mean the natural or legal person who has placed one or more orders for one or more PRODUCT(S) and/or SERVICE(S), followed by their effective payment, through the WEBSITE and/or SERVICES published by EQUISENSE.
CONTRACT: refers to the whole of the present stipulations, possibly completed by an order form and/or special conditions issued by EQUISENSE, and, where applicable, by their appendices and any amendments thereto, to the exclusion of any other document, in particular those which may be issued unilaterally by the BUYER before or after the formation of the contract.
DATA: means all information and data of the BUYER or the USER as well as the horse under his control, generated by the implementation of the SERVICES and/or PRODUCTS or processed by them, under the BUYER's responsibility. This term includes PERSONAL DATA.
PERSONAL DATA: within the meaning of the Data Protection Act of 6 January 1978 (amended by the Decree of 4 November 1991 and by the Act of 6 August 2004 transposing Directive 95/46/EC), any information relating to a natural person who is identified or can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to that person
EQUISENSE : refers to SAS MICROMEGAS mentioned in the preliminary article of the present document.
THE PARTIES: means EQUISENSE and the BUYER as co-contractors hereunder.
PRODUCT(S): means any physical object, including connected objects, sold by EQUISENSE.
SERVICES: refers to all the applications, programs and software solutions, free of charge and/or subject to payment, corresponding to the BASIC SERVICES and/or SUBSTITUTE SERVICES, made available to the BUYER in execution of the present contract.
BASIC SERVICES: refers to all the services and free software solutions thatEQUISENSE undertakes to provide to the BUYER in execution of the present contract.
SUBSEQUENT SERVICES: means all the services and paying software solutions thatEQUISENSE undertakes to provide to the BUYER in execution of the present, following a purchase made by the BUYER on the SITE or the SERVICES.
SITE: shall designate the Internet site accessible at the following address: http://www.equisense.com
USER: may refer to the BUYER as an actual user - consumer of the PRODUCT(S) and/or SERVICE(S) offered by EQUISENSE or any other recipient as a consumer, authorised by the BUYER to use the PRODUCTS and/or SERVICES in accordance with the provisions of the Contract, under the BUYER's responsibility.
CONDITIONS OF APPLICATION OF THESE GENERAL CONDITIONS
The present general conditions determine the contractual conditions applicable to the supply of products and services offered by EQUISENSE to the BUYER.
The BUYER declares that he/she has read these terms and conditions and accepts them without reservation before purchasing the Products and subscribing to the Services.
These general terms and conditions are applicable to the exclusion of any other general terms and conditions of sale or purchase appearing on proposals, offers, acknowledgements of receipt, invoices, correspondence, or printed matter issued by THE BUYER. No modification of these terms and conditions shall be deemed to have been accepted by EQUISENSE without its prior express written consent.
SUBJECT
The purpose of this AGREEMENT is to define the conditions under which EQUISENSE makes the PRODUCTS and SERVICES available to the BUYER, and the conditions under which the BUYER or USER may access them.
This CONTRACT is applicable to all means and actions allowing :
the presentation of an offer of Services or sale of Product(s) to the BUYER published by EQUISENSE
the acceptance of this offer through the conclusion of the CONTRACT and its execution.
ORDER COMPLETION & PAYMENT
A description of the PRODUCTS and SERVICES offered by EQUISENSE on the SITE and/or the SERVICES is made available to the BUYER.
The BUYER is reminded thatEQUISENSE is bound only by the present General Terms and Conditions of Sale, the descriptions, characteristics, presentation of functionalities and prices on media published and directly presented by EQUISENSE.
It is the BUYER's responsibility to verify the compatibility of the PRODUCT(S) and SERVICE(S) as described in the elements listed above, with his own needs or those for which he intends them.
The photographs and/or videos of PRODUCTS or SERVICES are provided for information purposes only. As they have no contractual value, they shall not be determinant of the BUYER's consent to the order of PRODUCT(S) or SERVICE(S).
PRICES, FEES & TAXES
This contract is concluded at the prices and conditions set forth by EQUISENSE to the BUYER at the date of his order of PRODUCT(S), and/or when he subscribes to SERVICES.
The prices and terms presented by EQUISENSE may be modified at any time. Therefore, only the prices and terms presented to the BUYER at the time of placing the order are applicable.
The prices of the SERVICES and PRODUCTS are always expressed excluding any delivery and transport costs and do not include customs duties, taxes (including VAT when due) and fees of any kind for the delivery and use by the BUYER of the PRODUCTS and/or SERVICES, all these costs, duties and taxes being the sole responsibility of the BUYER, so thatEQUISENSE receives a net price.
Depending on the location of the BUYER's connection, prices may not include taxes. EQUISENSE is not obliged to inform the BUYER of any taxes, duties or other services in force in the country to which the PRODUCTS and/or SERVICES are sent or in which they will be used by the BUYER. The BUYER is responsible for obtaining information from the relevant authorities.
Therefore, any tax not indicated during the ordering process remains payable to the BUYER, in view of the applicable legislation and at the BUYER's expense.
The prices are expressed in euros. They can thus be proposed to the BUYER in a currency not corresponding to the currency used within the State in which the BUYER resides. It is advisable to the BUYER to inform himself about the expenses and exchange rates applicable at the time when he places order, in particular with regard to the means of payment which he wishes to use and which is proposed by the site.
Any delivery and transport costs are mentioned before the order is validated and are invoiced in addition unless otherwise indicated at that time by EQUISENSE.
This indication may take the form of, but is not limited to, a discount voucher, a gift card or a special offer.
The BUYER will be able to see the details of his basket by clicking on the icon "Basket". He will be able then to integrate there coupons and gift card of which he has, in the respect of the terms of these coupons and gift cards, so that the total price indicated takes it into account.
INFORMATION REQUIRED FOR ORDERING AND DELIVERY
To place an order for PRODUCT(S) and/or SERVICE(S), the BUYER may choose :
log in to their personal account previously created on the SITE and/or SERVICES
create a personal account on the SITE and/or SERVICES
place your order without creating an account
In order to allow a good execution of the order and the delivery, the BUYER commits himself and guarantees to communicate only true, complete and updated information and in particular his :
name
first name
mail address
full physical address
telephone number
And, where applicable, information relating to the recipient of the order, if different from the BUYER, and after this third party recipient has given his prior consent to receive the order and authorised the communication to EQUISENSE of PERSONAL DATA concerning him.
The purpose is to allow EQUISENSE to have the information necessary to establish the invoice of the order placed by the BUYER, to identify the latter and to carry out the delivery according to the methods detailed in article 5.2 of the present.
Once the BUYER has completed his or her shopping cart and identified himself or herself, he or she will be offered a choice of different delivery methods, invoiced at the price indicated for all the PRODUCTS and SERVICES in the shopping cart.
Unless expressly stated otherwise, coupons and gift cards do not apply to the price of delivery.
SUMMARY
A summary of the information relating to the order, its contents and the chosen mode of delivery is placed at the disposal of the BUYER in order to enable him to check the detail of it.
This summary will include moreover the price of the order, the rate of delivery and the mode of delivery chosen by the BUYER, the total indicating the price to be paid effectively within the framework of the order. It is brought to the attention of the BUYER that this price does not contain the customs charges and can not contain the whole of the taxes which it would be possibly brought to pay with regard to the legislation which is applicable to him.
The BUYER must click on "Pay" in order to confirm and finalize his order. An order number is then given to him.
As long as he has not clicked on this button, the BUYER keeps the possibility of editing, modifying the information relative to the order, its contents and the mode of delivery (in particular the address of invoicing and/or forwarding, the mode of forwarding).
The confirmation of the order leads to the conclusion of a contract between the BUYER &EQUISENSEamp; EQUISENSE. By this contract the BUYER declares and acknowledges to accept without reservation :
the offer presented by EQUISENSE on the SITE and/or SERVICES
the present General Terms and Conditions of Sale
unless expressly stated otherwise, immediate payment of the full purchase price toEQUISENSE.
EQUISENSE will then send to the BUYER, as soon as possible, an electronic mail acknowledging the receipt of the order, the acceptance and the payment of the order of the BUYER, to the address indicated during the process of order. It will be communicated to him a second electronic mail allowing to reach the follow-up of the parcel.
PAYMENT OBLIGATION & FIGHT AGAINST FRAUD
The BUYER declares and acknowledges, once the order is finalised, that he/she is bound by an obligation to pay toEQUISENSE. The absence of any payment prevents the order from being formed.
It is placed at the disposal of the BUYER various means of payment with the choice, in order to carry out the payment of its order, these means being indicated at the time of the finalization of the order.
In particular, it is possible to pay for your order by :
payment and/or bank card. Transactions are carried out via transaction collection platforms that allow payments to be collected using Master Card, Visa Inc, Discover and American Express.
Paypal" and "Stripe" services. However, the BUYER may be required to have a personal account.
Once this choice has been made, the BUYER will be invited to complete a form allowing him to identify the chosen payment method.
The proposed means of payment are edited and realized by third companies. Therefore, EQUISENSE never has access to the BUYER's banking data.
In order to prevent any fraud, EQUISENSE has implemented procedures of verification of the orders allowing to block and, if necessary, to cancel an order in the event of detected fraud. EQUISENSE will then warn the BUYER by e-mail to the address indicated by him. If this cancellation is erroneous, the BUYER will have to contact the customer service ofEQUISENSE by means of the form of contact available on the SITE.
ARCHIVING
In order to constitute and preserve a copy of the elements allowing the conclusion of the contract, EQUISENSE archives the communications, order forms and invoices on its servers.
The BUYER has the possibility to access all the elements concerning him/her through his/her personal account.
COMPLETION OF THE DELIVERY
PRECAUTIONS.
The BUYER or the third party designated by him to receive the delivery is obliged to observe certain precautions regarding the delivery, in particular :
his presence or that of the third party designated by him, at the address indicated at the time of finalising the order at the times of passage of the persons or carrier in charge of the delivery if these times have been indicated by EQUISENSE, or failing that, his diligence in collecting the order at the collection points indicated, after the passage of the person or carrier in charge of the delivery
procéder dès la livraison réceptionnée, à la vérification du ou des PRODUIT(S) livrés et notifier immédiatement, le cas échéant, par courrier électronique envoyé à l'adresse suivante [email protected], toute anomalie ou détérioration sur le ou les PRODUIT(S) de la commande afin d'en informer EQUISENSE.
DELIVERY TERMS & TRANSFER OF RISK.
Unless expressly stated or agreed otherwise, EQUISENSE undertakes to deliver the ordered PRODUCTS within thirty (30) working days after the conclusion of the contract and the payment of the order.
Delivery shall be effected by the transfer of physical possession or control of the PRODUCT to the BUYER or to a third party designated by him for this purpose.
The delivery of the PRODUCTS will be presumed to have been made as soon as it is :
carried out with the address indicated by the BUYER at the time of the finalization of its order, either near the BUYER, or after the third which it will have indicated, or
in case of absence of the BUYER or the third party designated by him at the delivery address indicated, carried out after the first passage of the person or the carrier in charge of the delivery and after the deposit at the collection point of the order.
made as a result of an activation of the SERVICES linked to an account.
The risk of loss or damage to the PRODUCT(S) shall pass to the BUYER at the time of delivery, when the BUYER or the third party designated for this purpose (other than the carrier proposed by EQUISENSE), takes physical possession of the PRODUCT(S).
DELAY & FAILURE TO DELIVER
DELIVERY FAILURE
The BUYER may, without prejudice to his other rights as a consumer and buyer, be claimed the costs necessary for the realization of a new shipment, in case of return of an order due to an impossibility of delivery which is neither attributable to EQUISENSE nor attributable to the carrier in charge of making the delivery.
LATE DELIVERY & RESOLUTION
The BUYER may terminate the contract if EQUISENSE does not deliver the order in accordance with the conditions set out below:
within thirty (30) working days after confirmation and payment of the order
on the date indicated at the time of the order (more than thirty (30) working days after confirmation and payment of the order).
The BUYER shall, prior to the cancellation of the contract, request EQUISENSE to carry out the delivery within a reasonable additional period of time, the cancellation being acquired only once this period has elapsed and the delivery has not been carried out.
The BUYER is obliged to do this by registered letter with acknowledgement of receipt or in writing on a durable medium.
The contract shall be deemed to have been terminated upon receipt by EQUISENSE of the registered letter or written notice of termination, unless the order has been delivered in the meantime.
Notwithstanding the above, the BUYER retains the right to immediately terminate the contract in the event of non-compliance with the aforementioned time limits; while compliance with the aforementioned time limits constitutes for him an essential condition of the contract, resulting from an express request made prior to the conclusion of the contract or from the circumstances surrounding its conclusion.
EQUISENSE undertakes to reimburse the full price paid for the order within fourteen (14) working days of the date on which the contract was terminated.
RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL FOR PRODUCTS.
Conformément à la Loi, EQUISENSE accorde à l'ACHETEUR, lorsqu'il est un consommateur au sens de la loi française, un droit de rétractation qui peut être exercé par simple demande à l'aide du formulaire figurant ci-après, ou par simple demande formulée par courrier électronique à l'adresse [email protected]. Ce droit de rétraction est d'une durée totale de 30 (trente) jours démarrant :
the date of order of the PRODUCT(S)
upon receipt for pre-orders of PRODUCT(S)
The aforementioned period of 30 (thirty) days includes the legal withdrawal period of 14 days imposed by the Consumer Code and is therefore not cumulative with the latter.
Withdrawal form :
À l'attention d'EQUISENSE, Service Clients, Technopole Izarbel,Technopole Izarbel, 231 allée Fauste d'Elhuyar, 64210 Bidart, France, ou à [email protected] :
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of the consumer(s) (only in case of notification of this form on paper) :
Date :
(*) Delete as appropriate.
Send this letter by registered mail with acknowledgement of receipt.
During this period of thirty (30) days, the BUYER has the possibility of withdrawing from his commitment, without having to justify any reason whatsoever.
Any PRODUCT not purchased through the WEBSITE or the SERVICES EQUISENSE cannot benefit from this right of withdrawal.
RIGHT OF WITHDRAWAL FOR SERVICES AND SUBSCRIPTIONS.
If the BUYER's order is for a subscription to a SERVICE, the BUYER acknowledges that he expressly requests from EQUISENSE that this SERVICE be carried out as soon as possible.
Consequently, the BUYER will not be able to benefit from his right of withdrawal if the SERVICE is fully executed before the end of the legal withdrawal period, in application of article L.121-21-8 of the Consumer Code.
By taking out a subscription, the BUYER places a single order which obliges him/her to pay the full amount for the duration of the subscription.
EXCEPTIONS.
Without prejudice to the rights that the Law guarantees to the BUYER, this right of withdrawal shall not apply, pursuant to Article L.121-21-8 of the Consumer Code:
For orders of digital content not supplied on a material support, the execution of which has begun after prior and express agreement of the BUYER and express renunciation of his right of withdrawal,
When the BUYER has unsealed and used a PRODUCT and/or its accessories in such a way that their return is not possible for reasons of hygiene.
If the BUYER is not a consumer within the meaning of the Law, this right of withdrawal shall not apply either:
For online services,
When the BUYER cannot return the PRODUCTS and its accessories in their original packaging.
Furthermore, EQUISENSE shall not be obliged to grant the BUYER's right of withdrawal, pursuant to Article L.121-21-3 of the Consumer Code:
In the event of use not in accordance with normal use of the PRODUCT resulting in its depreciation,
In case of non-matching of the returned PRODUCT with the one subject to the present withdrawal or in case of return beyond the legal period of fourteen days following the communication by the BUYER of his decision to withdraw, unlessEQUISENSE proposes to the BUYER to recover these goods himself.
AMENDMENT OF THIS AGREEMENT
Any modification of the present general conditions will be subject to the prior written information and on any durable medium and the express acceptance of the BUYER, who has the right to terminate the contract at any time.
These modifications can only come into force at the moment when a new contractual period begins due to tacit renewal, and, preceded by an express acceptance of these modifications by the BUYER or by a new order, after the entry into force of these modifications expressly accepted by the BUYER at the time of the conclusion of the contract.
SPECIFIC PROVISIONS FOR PRE-ORDER OFFERS.
EQUISENSE will sometimes allow the BUYER to pre-order certain PRODUCTS and/or SERVICES before their release date. By this means, EQUISENSE wishes to allow the BUYER to be among the first to order the PRODUCTS and SERVICES EQUISENSE.
WhenEQUISENSE allows the BUYER to pre-order a PRODUCT and/or SERVICE, EQUISENSE undertakes to send it to the BUYER as a priority, unless EQUISENSE is unable to collect the price through the payment method the BUYER has chosen.
By subscribing to a pre-order, the BUYER authorises EQUISENSE to deduct the price of the PRODUCT and/or SERVICE from his account.
If it appears thatEQUISENSE can no longer collect the price through the payment method that the BUYER has chosen, EQUISENSE will keep the PRODUCT and/or SERVICE aside for the BUYER, for a period of time thatEQUISENSE will indicate to the BUYER in the e-mails informing him of this situation.
Should the BUYER fail to make the actual payment within the time limit indicated in the e-mails informing the BUYER of this situation, EQUISENSE shall be obliged to cancel this pre-order. The BUYER will then only be able to order the PRODUCT and/or SERVICE at its release date or through another pre-order operation.
By placing a pre-order, the BUYER benefits from and is subject to all the rights and obligations included in the present document.
SPECIFIC PROVISIONS FOR SUBSCRIPTION-BASED OFFERS.
Certain SUBSIDIARY SERVICES may be offered to the BUYER through a subscription which commits him/her for a determined period, specified in the order, and obliges him/her to pay the sum attached to the duration of the subscription.
The BUYER declares and acknowledges that, in the case of a subscription to a SUBSTITUTE SERVICE, he expressly requests that this SERVICE be carried out as soon as possible, and as a result will not be able to benefit from his right of withdrawal if the service is fully carried out.
The contract for a subscription to one or more SERVICES is hereby concluded for an initial contractual period of 12 months.
In order to ensure that the BUYER does not unduly lose the benefit of the subscription to which he/she has subscribed, his/her subscription will be automatically renewed for the duration initially subscribed, after the expiry of the initial contractual period.
This automatic renewal will be invoiced at the price applicable on the day of the renewal of the subscription, of which the BUYER will have received prior information and, in the absence of a denunciation of the contract by him, notified on the SITE or a SERVICE, at least 30 days before the end of the contractual period, previously notified by EQUISENSE, and without any cancellation penalty or right to compensation.
However, the BUYER may terminate this subscription at any time and without notice at the end of the initial contractual period. It will nevertheless be considered for subscriptions concerning a SUBSEQUENT SERVICE over a given period, that any month started must be paid.
The BUYER will be informed at the earliest 3 months and at the latest 1 month, by dedicated email to the email address he will have provided at the time of the initial subscription, of the arrival of the end of the initial contractual period and of the automatic renewal. At that time, he/she may express his/her wish not to benefit from the automatic renewal.
AFTER SALES SERVICE
EQUISENSE met à la disposition de l'ACHETEUR un service après-vente qu'il peut contacter au travers d'un formulaire en ligne ou par courrier électronique à l'adresse suivante : [email protected]
In the interest of efficiency, the BUYER's personal information may be temporarily transmitted toEQUISENSE 's after-sales service until the problem is resolved. EQUISENSE ensures that its after-sales service strictly complies with its privacy policy.
DATA
The BUYER declares and guarantees that he/she is aware that, in a non-exhaustive manner, browsing the SITE, creating a personal account, identifying himself/herself, and placing an order allow EQUISENSE to obtain certain personal DATA.
The collection of DATA and its use hereunder is subject to the BUYER's consent.
The processing of DATA retained under the present agreement has been declared to the CNIL (Commission Nationale Informatique et Libertés) under number 1923841
Conformément à la Loi informatique et Libertés du 6 Janvier 1978 modifiée, l'ACHETEUR bénéficie d'un droit d'accès et de rectification aux informations le concernant, à tout moment en s'adressant à [email protected]
The BUYER may, in particular, access at any time the writings relating to any electronic order of an amount greater than one hundred and twenty (120) euros kept by EQUISENSE for a period of ten years from the delivery / execution of the service, in accordance with Article L 134-2 of the Consumer Code.
The BUYER may also, for legitimate reasons, oppose the processing of data concerning him/her.
In the context of this article 12, the term DATA includes the Sensitive Data described in article 8 of the amended law n°78-17 known as "Informatique et liberté", and the Personal Data.
Ownership of DATA
The BUYER is the sole owner of the rights to the DATA processed in the context of the SERVICES.
The BUYER grants, as necessary, to EQUISENSE and to its possible subcontractors and assignees a non-exclusive and worldwide, free and transferable licence to host, cache, copy and display the said DATA for the sole purpose of the execution of the SERVICES and exclusively in association with or in connection with the same.
This licence shall automatically terminate upon termination of this Agreement, unless it is necessary to continue hosting and processing the DATA, in particular in the context of implementing reversibility operations, or to meet any legal retention obligations.
The BUYER represents and warrants that it has all the necessary authorisations to use the DATA in the context of the SERVICES and that it can freely grant a licence under the above terms to EQUISENSE, its subcontractors and its assignees.
The BUYER further represents and warrants that by creating, installing or downloading the DATA as part of the SERVICES, he/she is not exceeding any right that may have been granted to him/her on all or part of the DATA and that he/she is not infringing any third party rights.
The BUYER undertakes to indemnify EQUISENSE for all the financial consequences thatEQUISENSE may have to bear as a result of a breach by the BUYER of the aforementioned guarantees concerning the DATA.
Access to Data
The BUYER is hereby informed and agrees thatEQUISENSE may access its DATA and transmit it upon request of an administrative or judicial authority authorised to access the DATA.
In such a case, unless prevented from doing so by the said requisition, EQUISENSE shall ensure that the BUYER is informed without delay of the existence of the requisition and of the DATA that has been transmitted.
Accessibility and security of data and personal data.
The BUYER is solely responsible for the creation, selection, design and use of DATA by the USER in connection with the SERVICES. The BUYER is also solely responsible for the collection and processing of Personal Data and sensitive Data by the USER.
EQUISENSE shall in no way be liable for the failure of the BUYER and/or the USER to comply with its legal or contractual obligations with respect to Personal Data or any Sensitive Data.
When the legislation to which the BUYER is subject imposes to collect the prior authorization of the persons whose Personal Data are processed, or when the said legislation places a set of obligations on the person called to process these Personal Data, it is the sole responsibility of the BUYER to comply with the applicable legislative provisions and to obtain the possible prior authorizations.
Where the transfer of DATA does not take place via a network controlled by EQUISENSE, the BUYER acknowledges thatEQUISENSE has no control over the transfer of DATA via the public telecommunication networks used by the BUYER to access the SERVICES and in particular the Internet.
The BUYER acknowledges and accepts thatEQUISENSE cannot guarantee the confidentiality of the DATA during the transfer of the same on the said public networks. Consequently, EQUISENSE may not be held liable in any way in the event of, in particular, misappropriation, capture, corruption of the DATA, or any other event likely to affect them, occurring during their transfer on the public telecommunications networks.
GUARANTEES
Guarantees applicable to equipment sold by EQUISENSE.
EQUISENSE guarantees that the equipment supplied to the BUYER is free of all defects, in accordance with articles 1641 and following of the Civil Code. In the event of a hidden defect, the BUYER will inform EQUISENSE within 30 (thirty) days of the discovery of the defect, which is understood to be a defect of the equipment making it unfit for its use and not likely to be detected by the BUYER before its use.
A design defect is not a latent defect and the BUYER is deemed to have received all technical information relating to the said equipment.
If the hidden defect is proven, EQUISENSE will proceed within 30 (thirty) days of the information, at the choice of the BUYER, if this one is consumer within the meaning of the law, with the replacement and/or the repair of the material or the defective parts in accordance with the article 1644 of the civil code, without the BUYER being able to claim with the obtaining of damages, for whatever cause it is.
EQUISENSE guarantees new equipment for a period of two years, and reconditioned equipment for a period of six months from receipt by the BUYER against any manufacturing or operating defect.
If the defect is proven, EQUISENSE will proceed within 30 (thirty) days, at the choice of the BUYER if he is a consumer within the meaning of the law, to the replacement and/or repair of the defective material or parts, without the BUYER being able to claim damages, for whatever reason, and subject to the conditions of cost provided for in Article L. 211-9 of the Consumer Code. The BUYER, if he/she is a consumer within the meaning of the law, is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months for products delivered from 18 March 2016.
The legal guarantee of conformity applies independently of the commercial guarantee offered by the seller.
EQUISENSE draws the BUYER's attention to the fact that malfunctions resulting from dropping and/or crushing of the sensors are expressly excluded under this warranty.
Nor shallEQUISENSE be liable for any deterioration or damage resulting from normal wear and tear or from causes unrelated to the intrinsic qualities of the equipment, such as those resulting from abnormal use or from the fact that the BUYER, the animal under his or the effective USER's control or his agents have caused: load, shock, fall or false manoeuvre, insufficient protection against humidity, heat, frost, effect of electrical and atmospheric surges transport, handling or assembly not in conformity, when these have been carried out by the BUYER or a third party.
Batteries are not guaranteed.
The BUYER recognizes to be informed that any online purchase obtained in the form of a purchase voucher, are neither exchangeable nor refundable (example: commercial offer, sponsorship, code influencers...).
Guarantee applicable to SERVICES.
EQUISENSE guarantees that it has all the intellectual property rights required to enter into this contract and that, as such, it guarantees that the SERVICES provided in execution of this contract do not infringe the rights of third parties and do not constitute an infringement of a pre-existing work.
EQUISENSE makes no other warranties, express or implied, with respect to the SERVICES, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. EQUISENSE does not warrant the results of the SERVICES and is only obligated to the BUYER to perform.
There is no guarantee that the functionality of the SERVICES will meet the BUYER's requirements.
The BUYER acknowledges that he/she is aware that a SERVICE may contain errors and that not all errors are economically rectifiable or necessary to be corrected. EQUISENSE therefore does not guarantee that all faults or errors in the SERVICES will be corrected.
RESPONSIBILITY
EQUISENSE shall in no event be liable for any direct or indirect damages suffered by the BUYER that may arise from or in connection with the performance of this Agreement and its consequences. Indirect damages include, but are not limited to, loss of earnings or profits, loss of data, loss of opportunity, commercial damages, the consequences of complaints or claims by third parties against the BUYER, notwithstanding the fact thatEQUISENSE would have been diligently warned of the possibility of their occurrence.
In any event, the liability ofEQUISENSE, in the event of damage to the BUYER, for whatever reason and whatever the legal basis invoked or retained, all damages combined and cumulated, shall be expressly limited and may not in any case exceed the total amount, exclusive of tax, of the sums collected by EQUISENSE over the current contractual period in execution of this contract.
EQUISENSE cannot be held responsible in any case, particularly in the event of :
- use of the SERVICES in a manner not provided for or expressly authorised in the user documentation and this Agreement;
- modification of all or part of the SERVICES or of the information accessible via the SERVICES not carried out by EQUISENSE or by one of the Authorised Service Providers designated by the latter;
- use of all or part of the SERVICES whenEQUISENSE, following a difficulty or for any other reason whatsoever, had recommended suspending the use thereof;
- use of the SERVICES in an environment or configuration that does not comply with the technical requirements ofEQUISENSE, or in connection with third party programs or DATA not expressly endorsed by EQUISENSE ;
- loss of the BUYER's DATA following an intervention byEQUISENSE or by a third party designated by the BUYER or by EQUISENSE, when the BUYER has not taken the precaution of saving his DATA prior to this intervention when he has been asked to do so beforehand;
- the occurrence of any damage resulting from the fault or negligence of the BUYER, or which the BUYER could have avoided by seeking advice from EQUISENSE ' ;
- use in connection with the Services of programs not provided or endorsed by EQUISENSE that may affect the BUYER'S SERVICES or DATA.
COMPLIANCE WITH LAWS AND REGULATIONS
EQUISENSE shall comply with the legal and regulatory obligations applicable to it as a service provider and under the law applicable to the Contract. EQUISENSE is not required to assume the legal and administrative obligations of the BUYER, including those relating to the SERVICES provided under the Contract. It is therefore up to the BUYER to ensure compliance with the laws and regulations applicable to him/her, without being able to holdEQUISENSE responsible.
The BUYER, for its part, also undertakes to comply with the laws in force to which it is subject, either because of its nationality or because of its geographical location. In particular, he shall ensure that he complies with the applicable provisions relating to the content of the DATA (Data Protection Act) so that no processing contrary to the law can be carried out by EQUISENSE.
MISCELLANEOUS PROVISIONS
In the event that one or more of the provisions is declared null and void by a court decision or proves impossible to implement, the validity of the other provisions shall not be affected and the parties undertake to negotiate a replacement provision in good faith.
The fact that a party does not claim the application of any provision of this contract or tolerates its non-performance temporarily or permanently, shall in no case be interpreted as a waiver by that party of its rights hereunder.
The fact that a party tolerates non-performance or imperfect performance of the contract or more generally tolerates any act, abstention or omission of the other party which is not in conformity with the provisions of this contract shall not confer any right on the party benefiting from such tolerance.
These general conditions express the entire agreement of the parties and replace any previous agreement, written or oral, explicit or implicit. It constitutes the sole will of the parties.
The parties acknowledge that they are acting as independent contractors. The present contract shall not have the effect of creating a company or association of any kind between them.
EQUISENSE reserves the right to transfer all or part of the rights and obligations arising from this contract to a company or a third party.
APPLICABLE LAW AND JURISDICTION
This contract is exclusively subject to French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract. The BUYER, if he/she is a consumer as defined by law, undertakes, in the event of a dispute, to submit a claim directly and in advance to EQUISENSE.
If the parties fail to reach an amicable resolution or through mediation, any dispute relating to the formation, validity, interpretation, performance or termination of this contract and, more generally, to the relationship between the parties, shall fall within the exclusive jurisdiction of the competent territorial French courts.