ARAGO SYSTEMS a joint stock company with capital of 75.014,50 euros, located at 5, rue Soutrane – 06560 VALBONNE SOPHIA ANTIPOLIS, registered with the Trade and Corporate Register of GRASSE under No. 522 493 717 , represented by its President duly authorized.
Hereinafter referred to as “ARAGO SYSTEMS”
Any Customer, natural person or legal entity, purchasing Products on the Website
I / DEFINITIONS
- Client/Customer: Any person who purchases Products provided by ARAGO SYSTEMS
- Order Confirmation: e-mail sent by ARAGO SYSTEMS to the Customer after his purchase on the Website
- Products: the products sold on the Website.
- Website/Site: the website located at URL http://www.wismote.com
- GTC / General Terms and Conditions: the following General Terms and Conditions of Sale
II / ENFORCEMENT OF TERMS AND CONDITIONS OF USE OF WWW.WISMOTE.COM SERVICES
2.1. General Description of services
ARAGO SYSTEMS is a company specialized in electronic fields. Wismote is a sensor / actuator wireless and low consumption module for WSN application.
The present site is open to all countries around the world, but the Products are only sent in the countries specified on the Website on the day of purchase.
Should this Site, the Products it proposes or the manner in which they are proposed be partly or entirely illegal in the eyes of the national law of the Customer’s country of residence, the Customer must refrain from accessing it from this territory or access it from other territories where they are considered to be legal. Any Customers who chooses to access the www.wismote.com platform from a territory where he is considered to be totally or partially illegal does so on his own initiative and at his own risk and must assume the consequences of the implementation of the public orders regulations of his country of residence, without attributing liability to ARAGO SYSTEMS.
The present GTC and the ARAGO SYSTEMS’s prices are expressly approved and accepted by the Customer who acknowledges that he/she has read and understood these CGS and therefore relinquishes any right to impose any contradictory document, notably his own general purchase conditions.
ARAGO SYSTEMS reserves the right to modify the General Terms and Conditions, as required, according to the technical development of the Site, the Products or the ways in which they are provided, as well as changes in legislation, at its sole discretion. The use of the Site and the purchase of the Products proposed on it is always subject to the latest version of the General Terms and Conditions which are posted on the Site and may be accessed by the Clients during their use thereof.
Failure to comply with any provision of the present General Terms and Conditions shall results in the automatic termination of authorization to use the Site and the Products offered there. Any breach of these General Terms and Conditions entitles ARAGO SYSTEMS to subsequently refuse to deliver any services or Products to the party responsible for the breach in question, without it being possible for this to be used as grounds to invoke ARAGO SYSTEMS's liability.
III / PURCHASING PROCESS
Any delivery is subject to an online purchase, after registration of the Client according to the associated General Terms And Conditions of Use.
After choosing the Products ant the quantity, the Client have to complete an online form with the information on his credit card, enabling secure payment of his order.
For all the problems with the bank account of the Customer (payment declined, wrong address ...) ARAGO SYSTEMS reserves the right to retain the Customer's order until the problem is solved.
In case of unavailability of a product ordered, the Customer will be informed by email. He will then have the choice between claim back his order to the Customer Service or wait for the replenishment and maintain order which will be shipped as soon as possible.
3.2. Order Confirmation
Sales take effect only after express acceptance of the Client’s order after having checked that the ordered Products are available.
An Order Confirmation will be sent by ARAGO SYSTEMS to the Client’s Email address appearing on his registration form as explained in the associated General Terms And Conditions of Use.
The Order Confirmation will contain a summary of the order and an estimation of delivery time.
IV / DELIVERY - RECEPTION
4.1. Delivery time
The Products will be delivered within TWO working days from the bank confirmation of payment, and delivered to the delivery address filled in the registration form.
This delivery deadline does not constitute a binding commitment to ARAGO SYSTEMS, and the Client shall in no circumstance incur ARAGO SYSTEMS’s liability when delay does not exceed 7 working days, and consequently no demand of compensation will be granted.
Delivery deadlines will be sent to the Client in the Order Confirmation Email sent by ARAGO SYSTEMS.
ARAGO SYSTEMS shall in no case be responsible in its contractual obligations in the hypothesis of a delivery delay to the Client or in the cancelling of a delivery due to circumstances for which the Client is responsible, or in the case of force majeure.
4.2. Ownership and risks transfer
Regardless of the delivery date, ownership transfer of ARAGO SYSTEMS’s products to the Client can occur only after complete payment of the price by the Client. On the other hand, the transfer of the risks of loss and deterioration of the products of ARAGO SYSTEMS will take effect at the time of sending the aforementioned Products by ARAGO SYSTEMS.
The reception by the Client is made at the delivery point specified in the Order Confirmation, as to verification and quantity of the conformity of Products with the Order.
A delivery note and a Product sheet is attached to the package of any Product.
If the Customer finds, at the time of delivery, that the package containing the delivered Products or the Products themselves have been damaged by the carrier, the Customer has the right to reject the Products and notify his refusal in writing to the carrier within SEVENTY-TWO (72) hours of their receipt.
In the absence of reservation made within this period, the Products will no longer be the subject of the complaint procedure to the carrier, as described above, and will then be deemed accepted without reservation by the Customer.
It is stated that final acceptance of Products will only take place at the opening of the packages, provided that such date may be subsequent to the date of arrival of the packages on the site identified in the Order Confirmation, without exceeding within TEN (10) working days from that date. If no complaint duly made by the Customer in this time, Products shall be deemed definitively approved by the Client.
In the event that the Customer believes that the products delivered by ARAGO SYSTEMS present a lack of conformity, he has the opportunity to convey to ARAGO SYSTEMS, in writing and in time, an exchange request or the return of the Products.
Any return, for any case, must be reported to ARAGO SYSTEMS Customer service by sending an e-mail to email@example.com, and must describe the problem with the Product returned. The shipping details will be communicated to the Client by email.
Upon receipt of this request, ARAGO SYSTEMS will have 7 days to the study of the admissibility of the request. At the end of that period, ARAGO SYSTEMS considers justified the request of the Customer, it will confirm, in writing, its acceptance and support of his claim.
In this case, the exchange process or recovery implemented by ARAGO SYSTEMS is:
If the Products have undergone no alteration of their qualities, without any degradation related to transport, and they are in their original packaging, they are either (i) replaced by ARAGO SYSTEMS Products or of equivalent quality (ii) taken back by ARAGO SYSTEMS which then have to establish a client credit by applying the rate applicable on the date of shipment of the Products.
4.5. Right of withdrawal
In accordance with Article L.121-21 of the Consumer Code, from the receipt of the Products, the Customer has a period of fourteen days to exercise his right of withdrawal by sending the form available on the Website by letter with acknowledgement of receipt to ARAGO SYSTEMS at the address as indicated in the beginning of this GTC.
No order cancellation will be accepted if the procedure is not followed.
The Customer must return the Products to ARAGO SYSTEMS at the latest within 14 days of the sending of its decision to withdraw. The Customer has to pay the direct costs of returning.
ARAGO SYSTEMS then has 14 days to refund the Customer within the written notification of the cancellation.
However, ARAGO SYSTEMS will not refund the Customer in the following cases:
- Less quantity of Products than ordered;
- Damaged Products or packaging, making them unsuitable for their return to the market;
- Products not stored or used under the conditions recommended on the Product sheet.
V / PAYMENT CONDITIONS
Products are supplied at the current price of the day of the order, this prices are firm and not negotiable during their period of validity, as they appear on the Website.
These prices are in Euros, Net-Net and Exclusive of Tax, they don’t include transport, nor any Tax duties Customs’ charges, nor the insurances that remain payable by the Client.
5.2. Payment terms
Payment will be made by credit card, at the time of the order.
The Client will have to complete an online form with the following information on his credit card:
- Holder's name,
- The 16 numbers of his card,
- Expiration date,
- The Virtual CAPTCHA code on the back of the credit card.
In the context of payments by bank card, ARAGO SYSTEMS does not have access to any data regarding the Customer’s means of payment. The payment is made directly to the bank.
ARAGO SYSTEMS shall send the Customer an invoice after each payment. The Customer agrees to receive the invoices by electronic means, and in the package at delivery.
VI / ARAGO SYSTEMS WARRANTIES
Products delivered by ARAGO SYSTEMS benefit from a contractual guarantee for design and manufacturing defects affecting the delivered Products and rendering them unfit for use. This guarantee is limited to the replacement of faulty Products.
This guarantee is not applicable, and any guarantee is excluded in case of misuse, negligence or defective maintenance on behalf of the Client, and for Products not stored or used under the conditions recommended on the Product sheet , and for normal wear and tear of the good or in case of force majeure.
ARAGO SYSTEMS will replace or will have products considered defective repaired under guarantee. This guarantee also covers workmanship or the refund of products that ARAGO SYSTEMS will deem as refundable.
The replacement of the defective Products will not affect or extend the duration of the aforementioned warranty.
VII / LIABILITY – LIMITATIONS
The liability of a Party can be sought in the event of proven breach of GTC committed in or in connection with the execution of services or delivery of products imposed on him under the GTC.
Neither Party shall be liable for any indirect, financial loss or operating losses suffered by the other Party or its customers.
If, however, the responsibility of a Party was admitted in court, the other party can not claim compensation and damages or any regulation, other than that amount of payments made for the offending services in TWELVE (12) months preceding the incident that caused the damage.
Unless otherwise provided herein, neither Party may make a claim against the other party after a period of TWO (2) months following the discovery of the event (or events) that caused the potential liability.
The Customer acknowledges that responsibility of ARAGO SYSTEMS will not be accepted and the Customer will be solely responsible in all cases of use of the products of a manner inconsistent with the rules and practices applicable to this sector and / or any recommendations made by ARAGO SYSTEMS, especially within the documentation it provides to the Customer, as the Product sheet.
In particular, ARAGO SYSTEMS won’t be liable in the following cases, without this list is neither exhaustive nor exhaustive:
- Modification or loss of the identity of the product following a transformation (in particular by adding any material, XXXXX) from its original state (in particular as regards its physical and / or chemical and / or microbiological) of because of the Customer and / or any end user of that product;
- Use different, incorrect or otherwise of the Product by the Customer and / or end user in relation to the destination indicated by ARAGO SYSTEMS, particularly within the Documentation;
- Degradation of consecutive product to a storage by the Customer and / or any end user in unsuitable conditions and / or not in accordance with the recommendations of ARAGO SYSTEMS, shown particularly in its documentation;
- Modification and / or degradation of Product packaging by the Customer or any end user;
- Improper handling, unsafe, and / or dangerous of the Product by the Customer and / or any end user considering the recommendations made by ARAGO SYSTEMS, especially those included in the documentation;
VIII / CLAIM - COMPENSATION
In case of complaints of any kind whatsoever, the Customer must send his request via e-mai at the following contact: firstname.lastname@example.org.
The complaint shall be answered within between five working days and a month, by letter if specifically requested by the Customer.
If at the end of this period, the Customer has not received a satisfactory reply, he may send a second request, sending notification by registered letter with acknowledgement of receipt. His request shall be processed within a month of receipt of said notification.
In all correspondence sent to ARAGO SYSTEMS, by e-mail or letter, the Customer shall undertake to mentioning his first name and surname, e-mail address and login name, making it possible to identify him and to process his requests. Incomplete requests will be processed by ARAGO SYSTEMS.
IX / FORCE MAJEURE
9.1. Principle and definition
Neither party shall be held liable in regard to the other for the non-fulfillment or delays in the fulfillment of an obligation under the terms of this contract due to the actions of the other party following the occurrence of a case of force majeure as defined in Article 1148 of the Civil Code.
The following are specifically considered as cases of force majeure or acts of God, in addition to those normally accepted according to the jurisprudence of French courts and tribunals: the interruption of telecommunications, including telecommunication networks, total or partial strikes, lock-outs, riots, civil unrest, uprisings, civil or foreign wars, nuclear risk, embargoes, confiscation, capture or destruction by any public authority, bad weather, epidemics, the blocking of transport means or supplies for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or statutory modifications of the forms of marketing, computer failure, any consequences of technological developments that are not foreseeable by ARAGO SYSTEMS, and which challenge the norms and standards of its profession and any other circumstances that are unforeseeable, unstoppable and beyond the control of the Parties and which prevent the normal fulfillment of their reciprocal obligations.
In the case of occurrence of such event of force majeure, the obligations of the present contract shall be suspended. If the force majeure continues for a period exceeding one month, the present contract is terminated ipso jure and without formality.
X / APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION
10.1. Applicable law
The present General Terms and Conditions are subject to French law. In case of residence abroad and/or non-French nationality of the user, said latter accepts that the contractual relationship between itself and ARAGO SYSTEMS is not governed by the United Nations Convention relative to contracts for the international sale of goods (United Nations Convention whose application is expressly excluded.
The official language of the present General Terms and Conditions is English. The use of any language is only indicative.
10.3. Court with jurisdiction
Any dispute arising relative to the validity, interpretation, performance, or non-performance of the present General Terms and Conditions governing the relationship between the Parties shall be submitted to the competent court in the location where ARAGO SYSTEMS has its registered office without said being able to prejudice the rights of ARAGO SYSTEMS to prosecute anyone having violated its rights before a court that would have jurisdiction in the absence of the above mentioned clause.