You wish to purchase a good presented for sale on the website en.emotion-tech.com operated by the eMotion Tech company, LLC, with share capital of 50000 euros,which head office is located 185 Avenue des Etats-Unis 31200 TOULOUSE, FRANCE (RCS Toulouse 751 371 964), that can be contacted by email at the following address : email@example.com indicated on the home page of the website.
The following conditions aim to regulate the relationship between the eMotion Tech company and the Customer (person in its capacity as consumer and purchasing a good or service through this website). Their purpose is to establish the rights and obligations of the parties within the framework of the online sale of the goods proposed by the eMotion Tech company to the Customer.
It is beforehand stated that the Seller reserve the right to amend at any time these General Terms and Conditions of Sale by publishing a new version on the website. The General Terms and Conditions of Sale shall be those in force on the date the Customer validate the order.
The present General Terms and Conditions of Sale shall be kept at the disposal of any person requesting it. They are also available and downloadable on the website en.emotion-tech.com/general-terms-and-conditions-of-sale.
The features and prices of the proposed goods are displayed on the catalogue posted on the en.emotion-tech.com website.
The eMotion Tech company shall not be liable for any consequential damages from the user's misuse of the sold good, or related to the infringement of the copyright and /or intellectual property of a third party related to the use of that good or the informations displayed on the website.
Here we also remind that an improper use in an application, on a medical equipment or system, on any domestic, commercial or industrial device, or an operation mistake, could cause serious injury or even the death of a human being or an animal.
Article 1 - Application of the general terms and conditions
The present General Terms and Conditions of Sale are reserved to the only consumers, which meaning is fixed by the law and the cause-law, exclusively acting on their own behalf.
In accordance with articles L. 111-1 and L. 111-3 of the French Consumer Code, the essential features and the prices of the Goods sold online are available on the website en.emotion-tech.com.
Furthermore, The Customer get the informations set out in articles L. 121-8 and L. 121-19 of the French Consumer Code, prior or subsequent to the closing of the sale, and particularly by these present General Terms and Conditions of Sale.
The present General Terms and Conditions of Sale must be applied to any sale of goods by the eMotion Tech company made in the website en.emotion-tech.com.
The Custommer declares to have aknowledged the present General Terms and Conditions of Sale before validation of its order within the meaning of Article 2. The validation of its order is therefore acceptance without limitation or qualification of these General Terms and Conditions of Sale.
The present conditions only regulate the relationship between the Provider and the Customer. It is hereby noted that the Provider reserve the right to amend at any time these General Terms and Conditions of Sale by publishing a new version on the website. The General Terms and Conditions of Sale shall be those in force on the date the Customer validate the order.
Article 2 - ORDER INTAKe
In order to place an order, the Customer shall firstly type the website address: en.emotion-tech.com.
Thus, he will have access to the essential informations and features of the products and so, will be able to chose one or several products, then, he will have to connect to his account before proceeding with its order.
He must afterward accept the General Terms and Conditions of Sale.
Then, he will have to verify the entries made and the chosen goods of its order before being able to pay..
We hereby remind that the secured control module implemented for you to order any of our goods, in collaboration with the CIC bank (3D secure protocol) and PayPal ensure technically the authentication and the integrity of the message.
By express agreement between the Customer and the eMotion Tech company, the validation of the confirmation of the order by the Customer shall represent signature, irrevocable acceptance of the Customer and proof of the contract, and of the price aknoledgement.
The Customer will receive a message that will cerftify the validity of the operated transaction, eMotion Tech will be under legal commitment from the reception of this one.
It is expressly accepted between the parties that a beginning of proof in writing of the contracted obligations shall be brought by the electronic records kept by eMotion Tech. This kind of proof, that the Customer aknowledges as valid, is admissible regardless of the order amount.
In accordance with the article L. 122-1 of the French Consumer Code, the eMotion Tech company reserves the right to decline the Order if this one is abnormal, placed in bad faith or for any other lawfull motive, and particularly with a Customer with whom there is a dispute concerning the payment of a previous order.
Article 3 - PriCE
The prices are indicated in Euros (€) including VAT.
The prices are indicated including taxes, but don't include the shipping costs.
The costs of access to and the use of telecommunications network shall be exclusively borne by the Customer.
The duration of the offers and prices is determined by the website updating.
The prices proposed by the eMotion Tech company are available on its website en.emotion-tech.com and are communicated to any person requesting it by post or by email, depending on its choice.
Article 4 - Payment
All the orders placed on the en.emotion-tech.com website have to be payd in Euros. The whole price needs to be paid when the order is placed by the Buyer. At no moment could the already paid money be regarded as installements.
The Buyer may pay by any of the means featured on the order form:
- Bank transfer
The Buyer warrants to the eMotion Tech company that he arranges authorizations possibly necessary to use the method of payment he has chosen, when registering the order form.
The eMotion Tech company reserves the right to suspend or cancell any order and/or shipment, whatever their nature and state of progress, for non-payment of any sum payable by the Buyer, or in the event of a payment incident.
The eMotion Tech company reserves the right to request a photocopy of the Buyer's identity card, and/or a proof of address for any order.
In order to fight against fraudulent activities over the internet, the informations regarding your order could be controlled for verification.
Article 5 - Shipment
The goods will be shipped at the address given by the Buyer on its order form, in metropolitan France, French Overseas Departments and Territories, Switzerland, Belgium, European neighbouring countries and other countries.
In order to ship the ordered goods to the Buyer, the eMotion Tech company has first and foremost elected the services proposed by LA POSTE using between the COLIPOSTE or COLISSIMO system for non bulky or law-value orders, or CHRONOPOST for orders concerning printers and high value orders. The eMotion Tech company reserves the right to use another shipment company if the offered conditions and services are similar or above tthe ones offered by LA POSTE.
Products are released by the eMotion Tech company only after the order has been paid in full.
The orders placed before 12PM are shipped the same day, if available. The orders placed after 12PM will be shipped as far as possible the same day, or the day after, if the preparation time is too short.
Either way, and in accordance with the article L 121.20.3 of the French Consumer Code, we will tell you before ordering (on the payment choice page) the deadline in which we are committed to deliver the ordered goods, with the condition of full payment of the price.
Article 6 – WaRranty
For any issue with a product, the first thing to do is to contact us via the mail address firstname.lastname@example.org or contact our Customer service: 0033 05 82 95 26 62.
However, the warranties doesn't apply to the wear of the product due to an intensive use, an abnormal, unlawfull or non-compliant use of the products, damages resulting from abnormal chocks, handling errors, or modifications made by the Buyer, as for any defect and consequences related to any external cause.
Commercial manufacturer's WaRranty:
For the products provided with a specific manufacturer's warranty (warranty directly covered by the manufacturer, or on-site warranty, or specific warranty extension), the Buyer shall directly contact the manufacturer, without contacting our company, which won't provide any commercial warranty regarding these products.
Our company will refuse any return regarding the products concerned by this case and will not be held as responsible for any manufacturer's failure regarding this warranty.
Legal seller's warranty:
In its capacity as Provider, and in accordance to the law, the eMotion Tech company assumes two warranties: of conformity, and relative to latent defects of the products. The Provider will refund to the Buyer, or will exchange the defective products, or non-compliant with the order made.
The refund request shall be done this way: the Buyer inform the Provider of his will to call on the present clause, by email via the following address: email@example.com. Then, the procedure refered to in the following article 8 must be applied.
Legal WaRranty of conformity:
If the Buyer call on the legal warranty of conformity:
He has up to 2 years, from the date of delivery of the good, to call on (regarding Article L211-12 of the French Consumer Code).
He can chose between repair or replacement of the good, subject to certain cost conditions refering to Article L.211-9 of the French Consumer Code.
He is exempt to proove the existence of the conformity defect during six month after the delivery of the good (regarding Article L211-7 of the French Consumer Code). This delay runs up to 24 month, for any order made since the 18th of March 2016, except for second-hand goods.
The legal warranty of conformity applies regardless the commercial warranty, or the manufacturer's warranty potentially given.
Article L211-4 of the French Consumer Code:
The Seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.
Article L211-5 of the French Consumer Code:
To conform to the contract, the product must: 1° Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the Seller and have the features that the Seller presented to the Buyer in the form of a sample or model; - have the features that a Buyer might reasonably expect it to have considering the public statements made by the Seller, the producer or his representative, including advertising and labelling; 2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the Buyer which was made known to the Seller and which the latter agreed to.
Article L211-7 of the French Consumer Code:
In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery. The Seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked.
Article L211-9 of the French Consumer Code:
In the event of lack of conformity, the Buyer shall choose between repair and replacement of the product. The Seller may nevertheless elect not to proceed in accordance with the Buyer's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the Buyer, unless this proves impossible.
Article L211-12 of the French Consumer Code:
Action resulting from lack of conformity lapses two years after delivery of the product.
Article L211-16 of the French Consumer Code:
When the Buyer asks the Seller to carry out repairs covered by his contractual guarantee, the period of any resultant shutdown of seven days or longer shall be added to the unexpired term of the guarantee. The said period shall run from the time when the Buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance.
Legal warranty of latent defects on sold products:
The Buyer can call on the legal warranty of latent defects on sold products regarding article 1641 of the French Civil Code. If so, he can chose to have the price reduced appropriately or the sales contract rescinded in conformity with article 1644 of the French Civil Code.
In any case, the product have to be sent back in its original packaging, including a copy of the invoice, and including the whole product and accessories, and the serial number of the product, if this one have it (see article 8).
Article 1641 of the French Civil Code:
The Seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the Buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1644 of the French Civil Code:
Under Articles 1641 and 1643, the Buyer has the choice either to return the thing and to have the price returned to him or to keep the thing and have a part of the price returned to him, as decided by experts.
Article 1648 1st alinea of the French Civil Code:
An action resulting from redhibitory defects must be brought by the Buyer within two years from the discovery of the vice.
Article 7 - Right of withdrawal
In compliance with article L121-21 and followings of the French Consumer Code, the Buyer has a period of 14 days, begining from the date of delivery when himself or a third party, other than the shipment company, phisically acquires possession of the good, to exercize its right of withdrawal.
For the orders concerning various goods, delivered separately, the delay for withdrawal runs from the day when the Buyer, or a third party other than the shipment company, and designated by the Buyer, physically acquires possession of the good.
For exercising the right of withdrawal, the Buyer shall notify eMotion Tech about his will to withdraw in writing a clearly worded statement. It is advised to use the withdrawal letter template provided at the end of thie article.
From the moment the withdrawal is notified, the Buyer has 14 days to return, at his expense, the good to the Seller at the address of the head office that was reminded while giving the return number. The cost of the return of the good, when this one, due to its nature, can not normally being shipped by La Poste, is indicated on our website (FAQ or HELP page). The Buyer can be held for responsible in the event of a depreciation of the goods resulting from other handling than the ones necessary to establish the nature, the features and the well-functionning of these goods.
In the event of a buyer's withdrawal, eMotion Tech refund all payments received from him, including the shipping costs, excluding the additional costs resulting from the fact that the buyer has chosen, when appropriate, another way of shipment than the cheapest shipment method proposed by the Seller when ordering.
It is generally the Relais Colis shipment method or, if this method is not proposed, the home delivery. The Seller refunds within 14 days following the notification of the withdrawal, using the same way of payment than the one used during the original transaction, unless there is express agreement from the Buyer to use another method.
To return your goods, we advise you to use the link of our partner Expédierpascher
Concerning specific payments made with a virtual credit card, the refund will be made by cheque. eMotion Tech can delay the refund untill the good is delivered back, or untill the Buyer supplied evidence of having sent back the goods, whichever of the two is the earliest. By "evidence of the shipment of the goods", the only admitted the shipment voucher given by the shipment company.
The whole products on the website en.emotion-tech.com shall be subject to the right of withdrawal. However, the right of withdrawal shall not be accepted for:
- the supply of goods made to the Consumer's specifications or clearly personalized, such as assembled parts at the request of the Consumer
- the goods that, due to theire nature, can't be shipped back or are liable to deteriorate or expire rapidly such as, for example, ink cartridge, computer software which were unsealed by the Customer.
Professionals can not use this withdrawal right.
- Sales concluded on shop,
- Purchases made by professionals.
WITHDRAWAL LETTER TEMPLATE
(Complete and return this form only if you wish to withdraw from the contract)
EMOTION TECH - 185 avenue des Etats-Unis 31200 TOULOUSE, FRANCE
I/We* hereby give notice that I/we* withdraw from my/our contract of sale of the following goods.
- Customer number:
- Order number:
- Order on/Received on*: *Delete as appropriate
- First name/Last name:
Article 8 – General method for the return of a good
It's important to know that kits can not be exchange or refund once they have been assembled. The only deffective parts can be replaced if that is the case. So, it's important to crefully read the assembly instructions and take care to well understand them before beginning the assembly. Work quietly, carefullyon a clean workplace, take some pauses in order to not loose your concentration.
It is the same for specialized components and robot parts. Any material sent back to eMotion Tech for warranty will be inspected in order to control if it is really a manufacturing problem, and not a misuse.
8.1 Attribution of a return number
We will do our best in order to solve your problem as soon as practicable. In order to garantee the best treatment of your return, the efficiency of the diagnosis and the swiftness of the manufacturer's intervention, a return request shall be done directly mentionning the reasons of the return by phone to the After Sale Service.
A return number will be given to you.
We inform you that some documents liable to the parcel could be requested. You shall keep all received elements (packaging included) until the problem is entirely solved.
8.2 The return of the whole order
To return your order, we advise you to overpackage the original packagings of the goods: we'll accept the refund only for returned products as a whole (accessories, waranty card, drivers, manuals, protection etc...), in their original packaging complete and intact. Join a copy of the invoice to your return.
The refund or exchange can only proceed if the product is not damaged, and complete.
8.3 PrEcaution to take for the return
Keep in mind that you have to return the goods declaring their value, as it is noted on the invoice, applying the appropriate insurance coverage of the return risks, related to this invoice.
Article 9 – intellectual property rights
All the tradeparks, figurative or otherwise, and more generally all other trademarks, illustrations, images and logotypes that appear on the goods, their accessories and packagings, wether they are registred or not, are and shall remain the exclusive property of the Provider. Any reproduction in whole or in part, modification or use of these trademarks, illustrations, images and logotypes, for any reason and by any means, without any express and prior agreement of the Provider, whatsoever are strictly prohibited. This also applies to any combinaison or use in conjunction with any other trademark, symbole, logotype and more generally any distinctive sign that is intended to form a composit logo. These provisions also apply to all copyrights, designs, models and patents that are property of the Provider.
Article 10 – Data privacy
The information requested from the Client are necessary for the treatment and execution of its order..
If the Client agrees to provide individual datas, has an individual right to access, withdraw and correct these datas under the conditions provided for the law n° 78-17 of the 6th of January 1978 relative to information tecnology, databases and civil liberties. The Client shall make a clear written request on the following address firstname.lastname@example.org.
While creating its account on the website, the Client will be able to chose if he wiches, or not, receive offers from the Provider and its partners.
Article 11 – Force Majeure
The performance, by the Seller, of its obligations by the terms of the contract shall be suspended in case of occuence of a fortuitous event or force majeure which prevents or delays execution.
The provider shall notify the Buyer of the occurence of such a fortuitous event or force majeure within 10 days from the date of the event.
Article 12 – Contract clause void
If any provision of the contract is cancelled, this cancellation wouldn't cancel the other provisions of the contract that will remain in effect between the Parties.
Article 13 – applicable law
This contract is governed by the French law.
Article 14 – Amicable RecoursE - MEdiation
The Buyer shall submit his grievance to the eMotion Tech company by post or electronic means including the reference and the date of the order.
In case of dispute and if no amicable agreement is reached between the parties, the Buyer may then appeal to a Consumer Ombudsman.
Waiting for the update of the Ombudsmen's list by activity sector for which the appeal is facilitated via the link www.economie.gouv.fr/mediation-conso, the eMotion Tech company propose to appeal to a conventionnal Ombudsman, member of the association Médiation Toulouse-Pyrénées located 13 rue des Fleurs, 31000 Toulouse, France ( tel: 0033 5 61 14 02 89 ; email: email@example.com).