General Terms and Conditions of Sale

eMotion Tech propose its online sale services under the conditions described in this section.
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You wish to purchase a product offered for sale on the website www.emotion-tech.com, operated by the company eMotion Tech, a limited liability company with a share capital of €50,000, whose registered office is located at 11 Rue des Briquetiers, 31700 BLAGNAC (Toulouse Trade and Companies Register 751 371 964). The company can be contacted by email at the following address: contact@emotion-tech.com, as indicated on the homepage of the website.

These terms and conditions govern the relationship between eMotion Tech and the Customer (a person who qualifies as a consumer and purchases goods or services through this website). Their purpose is to define the rights and obligations of the parties within the framework of online sales of products offered by eMotion Tech to the Customer.

It is expressly stated that the seller reserves the right to modify these terms and conditions at any time by publishing a new version on the website. The terms and conditions in effect are those valid on the date the order is confirmed. The present Terms and Conditions are available to anyone who requests them and can be accessed and downloaded on the website www.emotion-tech.com/conditions-generales-de-vente.

The characteristics and prices of the goods sold are listed in the Catalog available online on www.emotion-tech.com. eMotion Tech cannot be held responsible for damage resulting from the improper use of the sold equipment by the customer, or related to the infringement of copyrights and/or intellectual property rights of a third party in connection with the use of the said equipment or the information provided on the website.

It is reminded that the products marketed by eMotion Tech are neither designed nor intended to be used in applications or devices whose failure or improper use could result in serious injury or death to a human or animal, notably in medical devices or systems, or in any domestic, commercial, or industrial safety device.
 

Article 1 - Application of the general terms and conditions

These General Terms and Conditions of Sale are reserved exclusively for consumers, within the meaning given by law and case law, acting solely on their own behalf.

In accordance with Articles L.111-1 and L.111-3 of the French Consumer Code, the essential characteristics and prices of services sold electronically are available on the website www.emotion-tech.com.

Furthermore, the Customer receives the information provided for in Article L221-5 of the Consumer Code both before and after the conclusion of the sale, in particular through these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale apply to all sales of goods by eMotion Tech carried out via the website www.emotion-tech.com, as well as to any sales contract directly concluded between the company and the buyer through a quotation in the context of the purchase of a 3D printer.

The Customer declares that they have read these General Terms and Conditions of Sale before confirming their order as defined in Article 2. The confirmation of the order therefore constitutes unconditional and full acceptance of these General Terms and Conditions of Sale.

These terms and conditions govern exclusively the relationship between the Service Provider and the Customer. It is specified that the Service Provider reserves the right to modify these general terms and conditions at any time by publishing a new version on the website. The terms and conditions in force are those valid on the date of order confirmation.
 

Article 2 - ORDER Placement

In order to place an order, the Customer must first access the website: www.emotion-tech.com. They will then have access to the essential information and characteristics of the products.

The buyer must then create a customer account to proceed with the order. They must accept the general terms and conditions of sale, verify the information provided, and check the items in their order before making payment.

It is reminded that the secure ordering system implemented for all our products, in collaboration with CIC (3D Secure protocol) and PayPal, ensures technical authentication and message integrity.

By express agreement between the customer and eMotion Tech, confirmation of the order by the customer constitutes a signature, irrevocable consent, proof of the contract, and acknowledgment of the prices. The customer will receive a message confirming the validity of the transaction, and eMotion Tech will be legally bound from the receipt of this confirmation.

Regarding quotations, requests must be made directly to the company through the contact methods specified on the website www.emotion-tech.com. The company’s quotation will explicitly include the essential characteristics of the product as well as the price. Acceptance of the quotation by the buyer constitutes irrevocable consent, proof of the contract, and acknowledgment of the price. eMotion Tech will be legally bound upon validation of the quotation, meaning the signing of the contract by the parties.

Unless otherwise agreed between the parties, these general terms and conditions take precedence over any other document. The receipt by eMotion Tech of a purchase order in response to a quotation does not constitute acceptance of the associated purchase conditions, regardless of the time elapsed.

It is expressly agreed between the parties that preliminary proof of the contractual obligations can be provided by the electronic records kept by eMotion Tech. This method of proof, which the customer acknowledges as valid, is admissible regardless of the order amount.

In accordance with Article L121-11 of the Consumer Code, eMotion Tech reserves the right to refuse an order if it is abnormal, placed in bad faith, or for any other legitimate reason.

 

Article 3 - PriCEs

Prices are indicated in Euros (€) and include all taxes. The applied prices are those visible on the website at the time the order is placed. Taxes are included, but delivery fees are not. These fees will be communicated to the customer during the order summary.

The validity period of offers and prices is determined by the website updates. The prices offered by eMotion Tech are available on its website emotion-tech.com and can also be provided to anyone who requests them, either by post or electronically, according to their preference.

 

Article 4 - Payment

All orders on www.emotion-tech.com are payable in Euros. Full payment must be made at the time of the order by the Buyer. At no time can the amounts paid be considered as deposits.

To pay for their order, the Buyer may use any of the payment methods indicated on the order form:

  • For France: credit cards (3D Secure protocol with CIC), PayPal, bank transfer, or cheque;

  • For other countries: PayPal or bank transfer.

The Buyer guarantees eMotion Tech that they have any necessary authorizations to use the chosen payment method at the time of order registration.

In case of late payment, late penalties will be due the day after the payment date indicated on the invoice, as well as a fixed indemnity for recovery costs if the amounts due are paid after this date. Unless otherwise specified (which cannot set a rate lower than three times the legal interest rate), this rate is equal to the interest rate applied by the European Central Bank. Late penalties are due without the need for a reminder and apply for each day of delay.

eMotion Tech reserves the right to suspend or cancel any order and/or delivery, regardless of their nature and level of execution, in case of non-payment of any amount due by the Buyer or in case of a payment incident.

eMotion Tech also reserves the right to request a copy of the Buyer’s identity card and/or proof of address for any order. As part of the fight against online fraud, information related to your order may be verified.

 

Article 5 - delivery

Products will be delivered to the address provided by the buyer on the order form, within mainland France. For overseas departments and territories (DOM-TOM), Switzerland, Belgium, neighboring European countries, and other countries, delivery conditions may vary.

To ship the ordered products to the buyer, eMotion Tech primarily uses the services of LA POSTE. eMotion Tech reserves the right to choose another carrier if the conditions and services offered are comparable or superior to those of LA POSTE.

The shipment order is issued by eMotion Tech after full payment of the order price. Orders placed before 12:00 PM are shipped the same day, subject to availability. Orders placed after 12:00 PM will be shipped, if possible, the same day, or the next day if preparation time is insufficient.

In any case, and in accordance with Article L 121-20-3 of the Consumer Code, the customer is informed, before placing the order (on the payment selection page), of the latest date by which the company commits to deliver the ordered product, subject to full payment of the price.

 

Article 6 – WaRranty

In case of any issue with a product, the first step is to inform us by writing to contact@emotion-tech.com or by calling our customer service at 05 82 95 26 62. In any case, warranties do not cover product wear due to intense use, abnormal, illegal, or non-compliant use of the products; damage resulting from abnormal impacts, operational errors, or modifications made by the buyer; as well as defects and consequences caused by any external factors.

COMMERCIAL WARRANTY BY THE MANUFACTURER

For products with a specific manufacturer warranty (coverage provided directly by the manufacturer, on-site warranty, or specific warranty extension), the Customer must contact the manufacturer directly, without going through our company, which does not provide any commercial warranty for these products. Our company will refuse any returns in this context and cannot be held responsible for any manufacturer failure under this warranty.

LEGAL WARRANTIES BY THE SELLER

As a Seller and in accordance with the law, eMotion Tech assumes two warranties: conformity and hidden defects of the products. The Seller will refund or exchange defective or non-compliant products.

Requests for reimbursement must be made as follows: the Customer must inform the Seller by email at contact@emotion-tech.com of their intention to invoke this clause. The procedure outlined in Article 8 must then be followed.

LEGAL WARRANTY OF CONFORMITY

When the customer invokes the legal warranty of conformity, they have a period of 2 years from delivery of the product to act. They may choose between repair or replacement of the product, subject to certain conditions. The consumer does not have to prove defects of conformity if they appear within 24 months from the date of purchase. The legal warranty of conformity applies independently of any commercial or manufacturer warranty.
 

REGULATIONS

ARTICLE L217-3 OF THE CONSUMER CODE

The seller delivers goods that conform to the contract and to the criteria set out in Article L. 217-5. The seller is responsible for defects existing at the time of delivery, as defined in Article L. 216-1, which appear within two years from that delivery. The seller is also responsible for defects resulting from packaging, assembly instructions, or installation when such installation is included in the contract or carried out under the seller’s responsibility, or when improper installation by the consumer is due to deficiencies or errors in the installation instructions provided by the seller. This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The limitation period starts on the day the consumer becomes aware of the non-conformity.

ARTICLE L217-4 OF THE CONSUMER CODE

The product is in conformity with the contract if it meets, as appropriate:
1° It corresponds to the description, type, quantity, and quality, including functionality, compatibility, interoperability, or any other characteristic provided in the contract;
2° It is suitable for any special use sought by the consumer, communicated to the seller at the latest at the conclusion of the contract, and accepted by the seller;
3° It is delivered with all accessories and installation instructions, as required by the contract;
4° It is updated according to the contract.

Additionally, the product is conforming when it meets the characteristics presented in Article L217-5 of the Consumer Code.

ARTICLE L217-7 OF THE CONSUMER CODE

Defects of conformity that appear within 24 months from delivery, including digital components, are presumed to have existed at the time of delivery unless proven otherwise, unless this presumption is incompatible with the nature of the product or the defect. For second-hand goods, this period is 12 months.

ARTICLE L217-8 OF THE CONSUMER CODE

In case of non-conformity, the consumer has the right to have the product brought into conformity through repair or replacement, or, failing that, to a price reduction or contract termination, under the conditions set out in Subsection 2 “Implementation of the legal warranty of conformity” of the Consumer Code. The consumer may also suspend payment of all or part of the price until the seller fulfills their obligations under the relevant provisions of the Civil Code Articles 1219 and 1220.

LEGAL WARRANTY AGAINST HIDDEN DEFECTS

The customer may invoke the legal warranty against hidden defects of the sold item under Article 1641 of the Civil Code. In this case, they may choose between rescinding the sale or obtaining a price reduction according to Article 1644 of the Civil Code. The product must be returned in its original packaging along with a copy of the purchase invoice, including all parts and accessories, and the product’s serial number if applicable (see Article 8).

 

REGULATIONS

ARTICLE 1641 OF THE CIVIL CODE

The seller is responsible for hidden defects of the sold item that render it unfit for its intended use or significantly reduce its use, which the buyer would not have acquired or would have paid less for if aware of them.

ARTICLE 1644 OF THE CIVIL CODE

In cases under Articles 1641 and 1643, the buyer may return the item and obtain a refund or keep the item and receive a partial refund.

ARTICLE 1648, FIRST PARAGRAPH OF THE CIVIL CODE

Actions arising from hidden defects must be initiated by the buyer within two years from the discovery of the defect.

resulting from abnormal chocks, handling errors, or modifications made by the Buyer, as for any defect and consequences related to any external cause.

 

Article 7 - Right of withdrawal

In accordance with Article L222-7 of the Consumer Code, the consumer has a period of fourteen calendar days to exercise their right of withdrawal, without having to justify a reason or bear any penalties.

The withdrawal period begins on the day the distance contract is concluded. For orders involving multiple goods delivered separately, the period begins on the day the buyer, or a third party other than the carrier designated by the buyer, takes physical possession of the last item.

To exercise the right of withdrawal, the buyer must notify eMotion Tech of their decision to withdraw through an unambiguous statement. It is recommended that the buyer use the withdrawal form provided at the end of this article.

From the date of notification of withdrawal, the buyer has 14 days to return the goods at their own expense to the seller’s registered office, which will be reminded when the return number is provided. The cost of returning the goods, when they cannot normally be returned by post due to their nature, is indicated on our website (FAQ or Help page). The buyer may be held liable for any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods.

In case of withdrawal by the buyer, eMotion Tech will refund all payments received from them, including delivery costs, except for any additional costs resulting from the buyer choosing a delivery method other than the least expensive standard method offered by the seller at the time of the order. The seller will refund the buyer within 14 days following the notification of withdrawal using the same payment method as the original transaction, unless the buyer expressly agrees to use a different method.

We encourage the use of the following link provided by our partner for returns.

All products on the website www.emotion-tech.com are subject to the right of withdrawal. However, the right of withdrawal cannot be exercised for:

  • The supply of goods made according to the consumer’s specifications or clearly personalized, such as assembled parts requested by the buyer;

  • Products that, due to their nature, cannot be returned or are likely to deteriorate or expire quickly, such as ink cartridges or software when unsealed by the consumer;

  • Sales concluded in physical stores;

  • Purchases made by professionals.

WITHDRAWAL FORM (Please complete and return this form only if you wish to withdraw from the contract)

EMOTION TECH – 11 Rue des Briquetiers, 31700 BLAGNAC

I/We* hereby notify you of my/our* withdrawal from the contract for the sale of the following goods:

  • Customer Number:

  • Order Number:

  • Ordered on*/Received on*: *Delete as appropriate

  • Name/First Name:

  • Address:

  • Signature:

  • Date:
     

Article 8 – General method for the return of a good

PRELIMINARY INFORMATION:

KITS: It is important to note that kits cannot be exchanged or refunded once assembled. Only defective parts can be replaced if necessary. Therefore, carefully read the assembly instructions and ensure you understand them before starting construction. Work calmly and carefully on a clean table, taking breaks to maintain concentration.

SPECIALIZED COMPONENTS: The same applies to all specialized components and robot parts. Any equipment sent to eMotion Tech under warranty will be inspected to ensure the problem is due to manufacturing and not improper use.

8.1 ASSIGNMENT OF A RETURN NUMBER

We will make every effort to resolve your issue as quickly as possible. To ensure better handling of returns, effective diagnosis, and speedy manufacturer intervention, a return request must be made directly by phone to Customer Service, stating the reason for the return. A return number will then be provided. Certain documents related to the package may be required. You must retain all items received (including packaging) until the issue is fully resolved.

8.2 COMPLETE RETURN OF THE ORDER

When returning products, we recommend re-packaging them in their original packaging, as we can only accept products returned in full (accessories, warranty coupon, drivers, manuals, cover, etc.), with the original packaging intact and in good condition. You must include a copy of the invoice with your return. Refunds or exchanges are subject to the product not being damaged or returned incomplete.

8.3 PRECAUTIONS FOR RETURNS

Special attention should be paid to returning the product by:

  • Declaring the product value as stated on the purchase invoice;

  • Ensuring full insurance coverage for return shipping, corresponding to the invoice amount.
     

Article 9 – intellectual property rights

All trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images, and logos appearing on the products, their accessories, and packaging, whether registered or not, remain the exclusive property of the Seller.

Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium, without the prior express consent of the Seller, is strictly prohibited.

The same applies to any combination or conjunction with any other trademark, symbol, logo, or, more generally, any distinctive sign intended to form a composite logo.

The same applies to all copyrights, designs, models, and patents that are the property of the Seller.

 

Article 10 – Data privacy

The information requested from the Customer is necessary for processing the Order. In the event that the Customer consents to provide personal data, they have the right to access, withdraw, and correct this data under the conditions set out by Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms.

The Customer must send any written request to the following address: contact@emotion-tech.com.

When creating a customer account on the website, the Customer will have the option to choose whether they wish to receive offers from the Seller and its partners.

 

Article 11 – Force Majeure

The seller’s performance of its obligations under this Contract will be suspended in the event of a fortuitous event or force majeure that hinders or delays its execution.

The seller will notify the Customer of the occurrence of such a fortuitous event or force majeure within 10 days from the date of its occurrence.
 

Article 12 – Contract clause void

If any provision of this Contract is declared invalid, such invalidity shall not affect the validity of the other provisions of the Contract, which will remain in force between the Parties.
 

Article 13 – applicable law

This Contract shall be governed by French law.
 

Article 14 – Amicable SETTLEMENT - MEdiation

The Customer must address any complaints to eMotion Tech by post or email, providing the reference and date of the order.

In the event of a dispute where no prior agreement has been reached between the parties, the Customer may then refer the matter to a consumer mediator.

Pending the update of the list of mediators by sector, for which referral is facilitated via the link www.economie.gouv.fr/mediation-conso, eMotion Tech offers the Customer the option to contact a conventional mediator who is a member of the Médiation Toulouse-Pyrénées association, located at 13 rue des Fleurs, 31000 Toulouse (tel: +33 5 61 14 02 89; email: contact@mediation-toulouse-pyrenees.org).