TERMS AND CONDITIONS OF SALE
1 – GENERAL PROVISIONS
The sale of products and services (hereinafter: “Products”) by SENSORWAKE, company duly organised under French law, registered under number 811 541 911 RCS NANTES, whose registered office is at 2 Rue Alfred KASTLER (hereinafter: “SENSORWAKE”) to its clients (hereinafter: “Clients”) through the website http://sensorwake.com/ (hereinafter: “Website”) are fully subject to these Terms and Conditions of Sale (hereinafter : “Terms and Conditions”). These Terms and Conditions shall prevail over any other terms, documents, or other communication. Any order placed with SENSORWAKE implies full and unconditional acceptance of these Terms and Conditions.
SENSORWAKE reserves the right to modify at any time and without notice these Terms and Conditions, which shall be applicable to any current and future contractual relationships. The failure of SENSORWAKE at any time to require performance by the Client of any provision of this Terms and Conditions shall not be construed as acquiescence or waiver of such failure to perform such provision. Each provision of Terms and Conditions shall be applicable in accordance with the greatest extent permitted by law. If anything in these Terms and Conditions is deemed unenforceable, illegal or void, the validity and enforceability of any remaining provisions shall not be affected.
2 – CLIENTS
To purchase Products, the Client must be at least 18 years old and legally capable of entering into the terms, conditions and obligations set forth in these Terms and Conditions. The Products are for personal use only. The Client may not sell or resell the Products purchased or otherwise received by SENSORWAKE.
3 – USE OF THE WEBSITE
The Client is responsible for information technology and telecommunication means enabling the access to the Website. The Client shall solely bear all costs and fees, including data charges, when accessing Internet and using the Website. The Client shall use the Website in compliance with all applicable laws, rules and regulations. In particular, the Client may not use the Website in any manner that could damage, disable, overburden, or impair the Website and/or SENSORWAKE’s servers or networks.
4 – PRODUCT DESCRIPTIONS – AVAILABILITY
Products offered for sale on the Website are subject to availability while stocks last. SENSORWAKE reserves the right at any time and without notice to remove any Products from sale on the Website. Pictures, images, video clips, illustrations and graphics of the Products are only indicative and in no way contractual. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. SENSORWAKE makes reasonable efforts to accurately display the colors of the Products; however the actual color that can be seen on the Website will depend on the device and may not be accurate.
The Client may, prior to placing an order, find out about the features and the availability of the Products it intends to purchase, on the Website or by sending an email at [email protected] The Client chooses the Products it purchases under its sole responsibility. SENSORWAKE shall not be liable for the suitability of the Products in relation to the Client’s needs.
Should the Products purchased be unavailable, SENSORWAKE will inform the Client at the earliest opportunity. In this event, SENSORWAKE may provide the Client with a Product of equivalent quality and price. If SENSORWAKE does not use this option, the Client will be refunded in a timely manner and at the latest within thirty (30) days following payment of the price made to SENSORWAKE.
5 – ORDERS
To place an order through the Website, the Client shall beforehand either create a client account by completing the dedicated online form, or if it has already created a client account, sign in using its username and password. Orders are made online through the Website by completing the online form provided by SENSORWAKE, after filling the cart and choosing the characteristics of the Products (e.g color, quantity, etc.). The order is final after completion of the ordering process provided on the Website, namely :
- Select the Product(s) and quantity, then click on “Add to cart”
- Click on “Check out”
- Identify either by creating an account, or signing in
- Select the delivery address and shipping option
- Review the information provided
- Click on “I agree with the Terms and Conditions”
- Select the payment method
- Fill bank details on the dedicated page
- Review the information provided, then click on “Place your order with obligation to pay”
All orders are subject to acceptance by SENSORWAKE. Contracts between the Client and SENSORWAKE are formed upon effective payment by the Client and the sending of an email confirming SENSORWAKE’s acceptance of the order. No order may be cancelled and/or assigned without SENSORWAKE’s written approval. SENSORWAKE reserves the right to refuse or suspend any order, in particular in case of (i) a dispute concerning payment of a previous order, (ii) an incorrect delivery address and/or (iii) an abnormal order, among other things, regarding factors such as order frequency, amount or quantity unusual for an end-consumer.
The Client accepts that communication between the parties may take place by email or other electronic means. SENSORWAKE recommends that the Client retains all information exchanged between the parties, in particular in relation to the order, on a durable medium. The computerized records stored in the computer systems of SENSORWAKE and/or of its contractors, are deemed as evidence of exchanged information, orders and payments made between the parties.
6 – PRICES
Purchase prices and shipping costs valid at the time of acceptance of the order by SENSORWAKE shall apply. Unless otherwise expressly specified in the order, purchase prices do not include shipping costs, which are charged in supplement, as indicated before the validation of the order. Unless otherwise specified on the Website, prices are expressed in Euros and include French VAT in effect on the date of confirmation of the order and applicable to all European Union residents.
SENSORWAKE reserves the right to modify its prices, including shipping costs, at any time, without any notice or formality. Such modifications will have no effect on orders that have already been accepted by SENSORWAKE prior to implementing such modifications, subject to the availability of the Products.
Orders requiring delivery outside the European Union may be subject to import taxes, custom duties and/or fees levied by the destination country upon arrival. As the importer, the recipient of the shipment is the sole responsible for any of these import fees, as well as complying with all laws and regulations of the destination country.
7 – PAYMENT
Any order placed through the Website is an order with an obligation to pay. The price of the Products, the shipping costs and any other applicable fees and costs, shall be paid immediately in full when placing the order by debit card or credit card in accordance with the payment options proposed on the Website. All information that the Client provides in connection with a purchase or transaction must be accurate, complete, and current. The Client guarantees that it possesses all authorizations required to use the chosen payment option. The Client agrees to pay all charges incurred by users of its credit card or debit card, used in connection with a purchase or transaction, when such charges are incurred.
The payment shall only be deemed confirmed upon approval of the relevant card issuer. In the event that the payment is not approved by the card issuer, the order shall be automatically cancelled, without conferring any right to the Client. SENSORWAKE will inform the Client by email of the confirmation or cancellation of its order.
8 – DELIVERY
The Products ordered by the Client shall be delivered to the delivery address provided by the Client. The Client shall be sole responsible for the accuracy of the address provided. Any package returned to SENSORWAKE following an incorrect or incomplete address shall be re-shipped to the Client, at the Client’s expenses. The Client shall provide a telephone number where it can be reached at the time of delivery. The Client may not cancel the order nor complain about an order delay in the event that it fails to provide its contact details or if it is absent at the time of delivery. SENSORWAKE is deemed to have performed its obligation of delivery on the date the Products are delivered to the delivery address provided by the Client. Orders are processed as and when they are received. No priority shipment may be requested.
Delivery dates are given for information purposes only. Unless otherwise specified in the order accepted by SENSORWAKE, SENSORWAKE makes all reasonable efforts to deliver the Products within sixty (60) calendar days following the acceptance of the order. However, the Client acknowledges and accepts that dispatch times may vary according to the Products’ availability, the location of delivery and the chosen shipping option. SENSORWAKE will inform the Client as soon as possible of any delay that is likely to affect its order. In any event, SENSORWAKE shall not be responsible for delays resulting from shipping delays, act of a third party, unforeseeable circumstances and/or Force Majeure. Under no circumstances, the Client may be entitled to damages arising or resulting from the delay.
SENSORWAKE may propose on his website, the purchase of the Product (s) in the form of “PRE – SALE “. This means that the customer buys and pays Product (s) on the Website but it will be delivered only several months after purchase, when SENSORWAKE has completed development and begun manufacturing of the Products. By agreeing to place an order for “PRE – SALE “, the Client expressly accepts:
– That the product ordered is delivered to him within a period of up to 12 months;
– That the product to be delivered to him may be different in its functions or design, compared to the description made when ordering.
Client may under no circumstance, be entitled to damages arising or resulting from delay in delivery and changes in design or functions:
After a period of 12 months after the order confirmation date, Client can demand cancellation of its repayment of its purchase and reimbursement of price paid.
9 – RECEIPT – COMPLIANCE
The compliance of the Products (including general condition, no signs of visible defect, quantity etc.), shall be imperatively checked by the Client on receipt. Any claims by reason of which the Client alleges that the Products delivered do not comply with the order shall be written on the delivery order, confirmed to the carrier and to SENSORWAKE in writing within three (3) days (not including public holidays) following the delivery of the Products. In the event that the Client fails to respect the above provision, the Products shall be deemed compliant and SENSORWAKE may not be held liable for any lack of conformity or compliance whatsoever. The Client shall provide particulars and evidence of any defects and/or anomalies related to the Products.
In the event of proven non-compliance, the Client shall return non-compliant Products following the process described hereunder in Clause “Return Policy”. SENSORWAKE shall then replace at its own costs the defective Product depending on available stocks. If no replacement of the defective Product is possible, SENSORWAKE shall reimburse the Client of the purchase price, the shipping costs as well as the return costs. Under no circumstances, the Client may be entitled to damages arising or resulting from the non-compliance of one or several Products.
10 – RETURN POLICY
Upon receipt of the Products, the Client has a period of fifteen (15) days to withdraw from the contract formed with SENSORWAKE. During this withdrawal period, the Client may decide to return Product(s) to SENSORWAKE under the following conditions:
- Inform SENSORWAKE by e-mail at [email protected] within fifteen (15) days from the delivery date of its unequivocal decision to return the Products, providing all references of the order.
- The Client may not return the Product(s) by sending them directly to SENSORWAKE. Returned Products must be in original condition, unused with their original package (including operating manual, accessories, and any other element received from SENSORWAKE).
- Pack and seal the returned Products securely in the original package. Mail the return package within fifteen (15) days following the initial notice informing the decision to return the Products at: SENSORWAKE – 2 rue Alfred Kastler, CS 90747 – 44307 Nantes Cédex 3 – FRANCE. SENSORWAKE strongly recommends the Client to ship the returned Products with a service that provides tracking and insurance as SENSORWAKE is not responsible for any returned packages damaged or lost in transit. The Client shall solely bear the costs of returning the Products and the associated risks. The Client shall retain all proof of dispatch.
- Returned Product(s) will be inspected by SENSORWAKE upon arrival before processing the refund.
- The refund will include the purchase price and shipping costs corresponding to the most economical delivery option available for the Products and will be credited using the same means of payment used for the initial transaction. Other charges (gift wrap, specific handling, etc.) and return costs are not included in the refunded price. SENSORWAKE may withhold the reimbursement until it has received the returned Products back, or until the Client has supplied evidence of having sent back the Products, whichever is the earliest.
11 – TITLE RETENTION
THE PRODUCTS SHALL REMAIN THE PROPERTY OF SENSORWAKE UNTIL FULL PAYMENT OF THEIR PRICE BY THE CLIENT. PAYMENT IN FULL IS DEEMED TO BE MADE WHEN FUNDS ARE CREDITED AND MADE AVAILABLE IN SENSORWAKE’S ACCOUNT, INCLUDING THE PRICE OF THE PRODUCTS, ANY COSTS, FEES AND INTERESTS RELATED TO THE ORDER. NOTWITHSTANDING THE ABOVE, RISKS OF DAMAGE TO AND LOSS OF THE PRODUCTS SHALL PASS TO THE CLIENT UPON THEIR DELIVERY DATE.
12 – WARRANTIES – LIMITATION OF LIABILITY
SENSORWAKE makes no representation or warranties that the Website and/or the Products, neither are appropriate or available for use in other countries that European Union, nor comply with any laws of any other countries outside European Union.
SENSORWAKE warrants that the Products comply with the relevant French regulations. The Products are covered by the French statutory warranties provided for by Article L.211-4 et seq. of the French Consumer Code and Articles 1641 to 1648 of the French Civil Code. In any event, the following are excluded from such warranties: any visible defects not declared by the Client upon receipt of the Products, any defect or deterioration due to normal wear-and-tear of the Products and/or their components or parts, any defects or deterioration caused by abnormal stress, misuse, negligence, poor storage, poor utilization or failure to comply with recommendations for use. Any claim for warranty shall be subject to the prior examination and approval by SENSORWAKE. SENSORWAKE makes no additional representations or warranties of any kind with respect to the Products.
SENSORWAKE is providing the Website and its content on an “As-is” and “As available” basis and makes no representations or warranties of any kind, express or implied, with respect to the operation of the Website, the information, content, materials or products, included on the Website. In addition, SENSORWAKE does not represent or warrant that the information on the Website is accurate, complete or current, or is accessible continuously. SENSORWAKE disclaims all such representations and warranties. Furthermore, SENSORWAKE shall not be held liable for the alteration of or fraudulent access to data and/or the accidental transmission of viruses via the Website or email communication. The Client expressly agrees that its use of the Website is at its own and sole risk. SENSORWAKE may suspend at any time without notice the access to its Website.
For the performance of all its obligations, SENSORWAKE shall only be liable for personal and direct property damages and personal and direct property losses suffered by the Client resulting from a fault only attributable to SENSORWAKE. SENSORWAKE shall not be liable for any consequential and/or indirect loss or damage, whether resulting or not from the purchase or the use of the Products by the Client, or by any third party, whatever the basis of liability may be.
13 – FORCE MAJEURE
SENSORWAKE shall be excused from performance in the event and to the extent of any occurrence of force majeure, including but not limited to strikes, lockouts, and other labor disputes, wars, revolutions, civil strife, riots, disturbances, acts of enemies, accidents, typhoons, hurricanes, fires, floods, earthquakes, diseases, natural disaster, epidemic, hazards of transportation, supply, telecommunication or material shortages, breakdown of plant or essential machinery, emergency repair or maintenance, breakdown of public utilities or Internet, rejection of important parts during manufacture, accident, change of any regulation applicable to these Terms and Conditions or to the Products, and all other causes beyond the control of SENSORWAKE.
14 – COPYRIGHTS – INTELLECTUAL PROPERTY RIGHTS
All contents included in and/or made available through the Website, such as text, Products images and descriptions, graphics, logos, design, images, video or audio clips, arrangements, button icons, are the property of SENSORWAKE and protected by laws governing copyrights, trademarks and intellectual property rights. Subject to the compliance with these Terms and Conditions, SENSORWAKE grants the Client a limited, non-exclusive, non-transferable, non-sublicensable license to access and make a personal and non-commercial use of the Website. Any other use of the Website and its content – including reproduction for other purposes, modification, display, transmission, distribution, or other exploitation – is strictly prohibited.
The creation of links to the Website is subject to prior written approval of SENSORWAKE. The Client acknowledges and agrees that the Website may provide links to third-party websites or applications. SENSORWAKE has no control over these linked sites. SENSORWAKE has no responsibility or liability for these independent websites, their contents and their practices, including regarding data collection.
15 – DATA PROTECTION
Personal data must collected by SENSORWAKE in order to create and display the personal profile of the Client on the Website and/or to process and fulfil the orders placed through the Website. The recipients of the data are SENSORWAKE and its contractors who help processing the orders, host and/or manage the Website. All data and information provided by the Client is subjected to computer processing in accordance with the provisions of the French Data Protection Act of January 6th, 1978. Pursuant to this Act, the Client has at any time, a right of access to and rectification of all of its personal data. The Client may exercise these rights at any time by sending an email to SENSORWAKE at SENSORWAKE – 2 rue Alfred Kastler, CS 90747 – 44307 Nantes Cédex 3 – FRANCE.
16 – APPLICABLE LAW – DISPUTE
THE ORDERS AND CONTRACTS UNDER THESE TERMS AND CONDITIONS SHALL BE EXCLUSIVELY GOVERNED BY FRENCH LAW. ALL DISPUTES THAT MAY ARISE IN CONNECTION WITH THESE TERMS AND CONDITIONS WILL BE SUBMITTED TO AND DEFINITELY SETTLED BY THE COURTS OF NANTES (44000 – FRANCE), EVEN IN CASE OF SUMMARY PROCEEDINGS, INTRODUCTION OF THIRD PARTIES, INCIDENTAL CLAIMS OR MULTIPLE DEFENDANTS.