The company WEEN, simplified joint stock company with a share capital of 11 671 euros, registered at the Aix-en-Provence RCS under number 803335124, whose head office is at Domaine du Petit Arbois, BP 70043, 13545 Aix-en-Provence (« the Company »), represented by its CEO, Jean-Laurent SCHAUB, is to commercialise via the website www.ween.fr ( « the Website ») the thermostat WEEN.
The WEEN consists of a communicating actuator linked by wire to the controls of the heating system and of the Ween, thus allowing communication between the Ween actuator and the Ween server via the client’s ADSL box.
These terms and conditions of sale and use (« T&C »), and the documents to which they refer (in particular the « pre-order » section of the Website), shall define the rights and obligations of the Company and the Clients (« the Parties ») respectively, concerning the sale on the Website of the WEEN thermostat and its use by Clients, non-professional purchasers. They shall constitute the only valid contractual stipulations between the Company and the Client, and exclude from the contractual field any other general conditions of purchase concerning the Client, unless an express written waiver is signed by the Parties.
These T&C are accessible at any time on the Website, and shall take precedence over any other version or contradictory document.
Any modification to these T&C shall be applicable to users of the Website as of their appearance online, and shall not be applicable to previous purchases of the WEEN thermostat.
The current T&C are applicable to the pre-order period, from 10 February 2015 to 31 December 2015. After this date, new T&C will be published.
Any pre-order placed on the Website implies that these T&C have been read, understood and accepted. This is confirmed when the Client checks the box « I accept » which appears below these T&C.
ARTICLE 1. ACCESSIBILITY OF WEBSITE AND SERVICES
1.1. The Website is accessible to all users of Internet, normally accessible 24/7, except in the event of an interruption, scheduled or not, by the Company or its service providers, for reasons of maintenance or in cases of force majeure. The Company shall not be held responsible for any prejudice, of whatever kind, resulting from the Website’s inaccessibility, in particular interruptions of access to the server determined by the Website host for maintenance of the material and programmes necessary to the hosting of the Website.
1.2. The Company does not guarantee that the Website will be free of anomalies, errors or bugs, nor that the Website will function without breakdown or interruption. The Company may freely determine any period of inaccessibility of the Website or its content.
1.3. The WEEN thermostat will be available in metropolitan France (« the Territory »). For reasons of logistics, the Company is unable to take into account subscriptions and orders outside the Territory.
1.4. By purchasing via the Website, Clients declare and assure the Company that they are of legal age to enter into a contract, that they reside within the Territory and access the Website from within the Territory, and that they have the skills, material and software necessary for the use of a commercial website and the downloading of the Application on their Smartphone.
ARTICLE 2. PRICES – PRE-ORDERS – DELIVERY
2.1. The WEEN thermostat is available for pre-order on the Website.
2.2. Before pre-ordering, Clients must ensure that their internet equipment, telephone and heating system are compatible with the technical characteristics of the Ween system, and in particular that their Smartphone and computer are compatible with the Application.
2.3. The Company shall not be held responsible if any Client purchases a WEEN thermostat when their Smartphone or equipment is not compatible.
2.4. The price of the WEEN thermostat and the delivery charges are those appearing on the Website when the Company confirms the order. These prices are fixed and non-adjustable during their period of validity, as indicated on the Website. Prices of WEEN thermostats are expressed in Euros, before and after tax. An invoice will be established by the Company and delivered to the Client on delivery of products ordered.
2.5. Payment for WEEN thermostats (« the Payment ») must be carried out via the Website.
The purchase price of WEEN thermostats is payable via Paypal secure payment, at the moment of pre-ordering by the Client, as follows:
The Client’s banking details are transmitted directly and securely (SSL encryption) via the Paypal website. These banking details are saved only during the treatment of the pre-order and then destroyed, so must be re-entered for each pre-order. The Website neither receives nor saves this information, whose handling is entirely managed by the Paypal website. Credit cards from banks outside France must be international cards.
On receipt of payment, the Company will send a Pre-order Confirmation to the Client. If Payment is not received by the Company within 5 working days, the Pre-order and the delivery of the WEEN thermostats (« the Delivery ») will be cancelled. The Company will send notification of cancellation for default of Payment to the email address given by the Client on inscription.
ARTICLE 3. –DELIVERY – TRANSFER OF OWNERSHIP – TRANSFER OF RISK
3.1. WEEN thermostats are available as of autumn 2016.
3.2. If one or more WEEN thermostats are unavailable after the Pre-order is placed, the Client will be informed by email. The amount of the Order will be re-calculated and the price of the missing WEEN thermostats refunded to the Client. In this event, the Company shall not be held responsible for any prejudice incurred on the Client, nor shall damages be payable by the Company.
3.3 WEEN thermostats purchased will be delivered in metropolitan France starting in autumn 2016 for all Pre-orders placed before 30 April 2016.
The delivery address is that indicated by the Client when placing the Pre-order on the Website. Except in special cases or when one or more products are unavailable, pre-ordered products will be delivered together.
The Company will make every effort to deliver pre-ordered WEEN thermostats at the dates specified above. However, these dates are only given as an indication, and any delay shall give rise to no damages, deduction, or cancellation of the order by the Client. Nonetheless, if pre-ordered WEEN thermostats are not delivered by 30 June 2016, for any reason other than force majeure, the sale may be cancelled at the Client’s written request. Any monies paid by the Client will then be refunded immediately, but without any compensation or deduction.
Delivery shall be considered to have taken place as soon as the Company has given the pre-ordered products to the carrier. The Client therefore accepts that delivery is the carrier’s responsibility, and no warranty claim against the Companywill be accepted in the event of non-delivery of the goods.
The Client must check the condition of the WEEN thermostat(s) on reception. Any reserve or complaint concerning non-conformity or apparent defects must be expressed by post or email within 30 days of delivery. After this period, or if these formalities are not respected, the products shall be considered acceptable and free of any apparent defect, and the Company will accept no further complaint.
The Company will replace, as rapidly as possible and at its own expense, any product delivered whose apparent defects or non-conformity have been duly established by the Client.
The transfer of ownership of the Company’s products, and the corresponding transfer of the associated risks of loss and deterioration, shall be considered effective when the Client accepts the pre-order, thus establishing the Parties’ agreement on the goods and the price, whatever the dates of payment or delivery. The products are therefore transported at the Client’s risk, and in the event of damage the Client may complain to the carrier according to the applicable rules and regulations.
ARTICLE 4. WITHDRAWAL – RETURNS
4.1. In conformity with articles L.121-20 et seq. of the Code de la Consommation and the regulations applicable to the online sale of products or services, the non-professionnel Client has a period of 14 days after receiving the WEEN thermostat to withdraw from the transaction. If this period ends on a Saturday, a Sunday, a public holiday or a non-working day, it shall be prolonged to the next working day.
4.2. Clients may exercise their right of withdrawal by recommended letter with recorded delivery addressed to WEEN, 2 place de Touraine – 78000 VERSAILLES. Clients must return WEEN thermostats to the Company at their own expense and in their original condition (accessories, documents, original packaging). If these conditions are observed, the Company will refund to the Client, by cheque and within one month, the sum paid by the Client.
4.3. If a WEEN thermostat is returned without these conditions being respected, (damaged packaging, product dismantled, missing documents etc.), the refund will not be possible and the Company will notify the Client by email.
ARTICLE 5. ACTIVATION OF WEEN THERMOSTATS
5.1. The Ween system requires an exchange of data between the thermostat and the server.
This means that the WEEN thermostat must be connected to an ADSL unit and that the Client, sole owner, must subscribe to internet access.
5.2. The WEEN thermostat will function only after the opening of a Client Account on the Website www.ween.fr
ARTICLE 6. FEATURES
6.1. The features of the WEEN thermostat:
-Automatic and manual programming
-Automatic geopiloting by Smartphone
-Temperature maintained if presence detected
-Data available on internet and Smartphone interfaces
6.2. The duration of the WEEN thermostat’s guarantee, as defined in §11, is limited to 24 months from date of purchase and 30 months from date of manufacture.
ARTICLE 7. CLIENT OBLIGATIONS – PAYMENT – LATE PAYMENT
7.1. Clients are reminded that the WEEN thermostat is a technical and technological appliance which must be correctly installed to ensure optimum performance. If any doubt subsists concerning installation and operation, the intervention of a professional is recommended.
The Client undertakes to follow all instructions concerning the installation and use of the WEEN thermostat and to consult the User’s Manual. The Client accepts sole responsibility for any improper installation or use of the WEEN thermostat. If required, the documents concerning the thermostat are available on the Website.
7.2. In no circumstances must the Client endanger, or allow others to endanger, the physical, electromagnetic or electronic integrity of the WEEN thermostat. The responsibility for risks relative to the possession or use of the WEEN thermostat is transferred to Clients on delivery, except in the event of a manufacturing defect.
ARTICLE 8. DISACTIVATION OF CLIENT ACCOUNT
The Client’s non-respect of the obligations imposed by these T&C, any incident in the payment of a pre-order, conduct which is immoral, or contrary to public order or to the reputation or image of the Company, or the entering of false information when opening the Client Account, may lead to the supension of access to the Company’s services, or to the closing of the account, depending on the conduct concerned, without any damages or compansation of any kind being payable by the Company. The Company reserves the right to refuse a pre-order from any Client involved in such litigation, even if the Client uses a new account.
ARTICLE 9. OBLIGATIONS OF THE COMPANY – LIMITATION OF LIABILITY
All WEEN thermostats supplied by the Company are covered, as the law requires, by a guarantee of conformity and the legal warranty covering hidden material, design or manufacturing defects affecting the products as delivered and rendering them unfit for use.
The guarantee shall not apply in the event of misuse, negligence or inadequate maintenance by the Client, nor of normal wear and tear, accident or force majeure, and the guarantee is limited to the replacement or reimbursement of defective products.
In order to exercise their rights, Clients must inform the Company in writing of the defects observed within 8 days of their discovery, or risk the forfeit of any consequent action. The Company’s responsibility shall be limited to the cost of replacing the WEEN thermostat, to the exclusion of any other damages.
The Company will replace or have repaired the products or parts considered defective. WEEN thermostats sold on the Website conform to the regulations applicable in France, and to IP30 & NF EN 12098-5.
The WEEN thermostat also corresponds to the following CE Directives:
– Directive R&TTE 1999/5/CE,
– Directive CEM 2004/108/CE,
– Low Voltage Directive 2006/95/CE.
The responsibility of the Company shall not be engaged in the event of the Client’s non-respect of the legislation of the country in which the products are delivered, which must be verified by the Client, who alone is responsible for the choice, care and use of products. The Company shall not be held responsible or at fault for any delay or breach caused by a case of force majeure normally recognized as such by French jurisprudence.
The Company shall not be held responsible for the poor operation of the WEEN thermostat’s connection to the Internet network when this is due to the equipment used by the Client, and/or to the Internet access provider to which the Client has subscribed.
ARTICLE 10. ASSISTANCE
10.1. The Company will make available to Clients a hotline (telephone assistance service), accessible via a number which will be communicated when deliveries commence.
10.2. In the event of difficulty, Clients may consult one of our support service advisors to find a solution to the difficulty encountered. Any complaint, claim or request for refund must be accompanied by documentary proof to be valid and receivable. The Company will reply to any complaint, claim or request for refund within 30 working days from its date of reception.
ARTICLE 11. INTELLECTUAL PROPERTY – SOFTWARE – APPLICATION
The Company is sole proprietor of the intellectual property rights concerning the WEEN thermostat and services. WEEN is a trade mark, registered with the INPI, and property of the Company. No provision of these T&C shall be interpreted as implying any transfer of intellectual property rights to the Client or any other user.
The content of the Website is the property of the Company, and is protected by French and international law concerning intellectual property.
Any reproduction, in whole or in part, of this content is strictly forbidden and may constitute an act of counterfeit.
ARTICLE 12. DATA PROTECTION – PROTECTION OF PRIVACY According to French law 78-17 of 6 January 1978, it is observed that the personal data requested of Clients are necessary for the processing of orders, and especially for the establishment of invoices.
The information connected with your order is for use only by Ween, and will be neither shared with third parties nor resold.
In accordance with current French and European regulations, Clients have permanent access to information concerning them, and the right to consult, correct, oppose and delete this information.
The treatment of information communicated via the Website has been declared to the CNIL.
ARTICLE 13. MISCELLANEOUS PROVISIONS
13.1. If either of the Parties fails to avail itself of a commitment (or breach of commitment) by the other Party to any of the obligations in these T&C, this shall not be interpreted as constituting a waiver of that commitment (or breach of commitment) for the future.
13.2. In the event of any element of these T&C being declared null, inapplicable, without effect, or deemed unwritten, this shall not affct the validity of the other provisions or clauses, which shall retain their full force and effect. In all instances not mentioned in these T&C, the Company shall decide.
13.3. The Client expressly recognizes that the Company reserves the right to subcontract any or all of its services, or to transfer its activity to a third party, without the prior agreement of any Client.
ARTICLE 14. JURISDICTION AND APPLICABLE LAW
These T&C are established under French law. Any litigation to which they may lead concerning validity, interpretation, execution, resiliation or consequences shall be submitted to the competent court under the conditions of common law.
ARTICLE 15. Cookies
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