General Terms and Sales Conditions

Between the company SYGN SARL,

6 rue du Docteur Naudier,

with a Capital of 10.000€,

registered in the MEAUX Trade and Companies Register, under SIRET number 800409823,

represented by Mr. Antoine AVRONSART as manager,

duly authorized for the purposes hereof.

 

The company can be reached by email by clicking on the contact form accessible via the home page of the site.

Hereinafter referred to as the “Seller” or the “Company”, operating the trade name and associated e-commerce site: FOVEA VIEWER®

 

On the one hand,

 

And the natural or legal person purchasing the company’s products or services, hereinafter referred to as “the Purchaser”, or “the Customer”.

 

On the other hand,

 

It was explained and agreed as follows:

 

 

PREAMBLE

The Seller is the publisher of Fovea Viewer® Products and Services for consumers, marketed through its website https://fovea-viewer.com/

The list and description of the goods and services offered by SYGN SARL can be consulted on the above-mentioned website.

 

 

Article 1: Purpose

These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

 

Article 2: General Provisions

These General Terms and Conditions (GTC) govern the sale of Products or Services, carried out through SYGN SARL’s website, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Purchaser who accepted them before placing an order.

 

The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website https://fovea-viewer.com/ The GTC then applicable are those in force on the date of payment (or first payment in the case of multiple payments) of the order. These General Terms and Conditions may be consulted on the Company’s website at the following address: https://fovea-viewer.com/

 

 

The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The Customer declares that he has read all these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale relating to a product or service, and accepts them without restriction or reservation.

 

The Client acknowledges that he has received the necessary advice and information to ensure that offre meets his needs.

 

The Client declares that he is in a position to enter into a legal contract under French law or to validly represent the natural or legal person for whom he undertakes to do so.

 

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

 

 

Article 3: Prices

The prices of the products sold through the website https://fovea-viewer.com/ are indicated in Euros all taxes included (VAT) and precisely determined on the pages of product descriptions. They are also indicated in euros all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller.

They will be the responsibility of the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary to access the Company’s Internet sites are the responsibility of the Client. If necessary, also the delivery costs.

 

 

Article 4: Conclusion of the online contract

In accordance with the provisions of article 1127-1 of the Civil Code, the Client must follow a series of steps to conclude the contract electronically in order to be able to complete his order:

– Information on the essential characteristics of the Product

– Choice of the Product, if applicable, of its options

– Indication of the Customer’s essential contact details (identification, email, address, etc.)

– Acceptance of these General Terms and Conditions of Sale

– Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding with its confirmation, the Purchaser has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. The confirmation of the order will lead to the formation of this contract.

– Then, follow the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a.pdf copy of these general terms and conditions of sale.

 

During the ordering process, the customer will have the opportunity to identify any errors in data entry and correct them. The language proposed for the conclusion of the contract is French.

 

The terms and conditions of the offre and the general terms and conditions of sale are returned by email to the buyer when the order is placed and archived on the Seller’s website. Where applicable, the professional and commercial rules to which the author of offre intends to comply are available in the “ancillary rules” section of these GTCs, which may be consulted on the Seller’s website at the following address: https://fovea-viewer.com/conditions-generales-de-vente/

 

The archiving of communications, the order, the details of the order, as well as the invoices is effectué on a reliable and durable support in order to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the Civil Code. This information may be produced as proof of the contract.

 

For the delivered products, the delivery will be made to the address indicated by the Customer. For the purpose of the proper execution of the order, the Customer undertakes to provide his true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

 

 

Article 5: Products and Services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites, as well as, where applicable, the way the product is used. In accordance with article L112-1 of the Consumer Code, the consumer is informed, by marking, labelling, affichage or by any other appropriate means, of the prices and special conditions of the sale and performance of services before any conclusion of the sales contract. In all cases, the total amount due by the Purchaser is indicated on the order confirmation page. The selling price of the product is the one in force on the day of the order, this one not including the shipping costs invoiced in addition. These possible costs are indicated to the Purchaser during the sales process, and in any case at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

When products or services are not executed immediately, clear information is given on the product presentation page about the delivery dates of the products or services. The customer certifies that he has received details of the delivery costs and the terms of payment, delivery and performance of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities in the context of this sale. The Seller undertakes to honour the Customer’s order within the limits of available Product stocks only. Failing this, the Seller shall inform the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller shall reimburse the Customer.

 

The contractual information is presented in detail and in French. The English version of these general terms and conditions is also accessible via the English version of the website https://fovea-viewer.com/en/ The parties agree that illustrations or photos of offerts products for sale have no contractual value. The validity period of the Products’ offre and their prices are specified on the Company’s websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted only to the natural person who signed the order (or the person who holds the email address provided).

 

 

Article 6: Compliance

In accordance with article L.411-1 of the Consumer Code, the products and services offert for sale through these GTCs comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Regardless of any commercial guarantee, the Seller remains liable for defects in conformity and hidden defects in the product.

 

In accordance with Article L.217-4, the seller delivers a good that complies with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.

 

In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 c. civ.), the Seller refunds or exchanges defective products or products that do not correspond to the order. The refund can be requested as follows:

  1. A) As part of a downloadable or phisical product

– Contact us via the contact form available on the website and describe the problem encountered. Attach photos or screenshots.

– Contact us by phone: +33 (0)6 03 39 39 77 36

– The refund or return of the product will be made within 72 hours of the request. Re-shipment costs will be borne by the Seller.

 

 

Article 7: Retention of Title Clause

The products remain the property of the Company until full payment of the price.

 

 

Article 8: Terms of delivery

The products are delivered to the delivery address that was indicated when the order was placed and within the specified time limits. These deadlines do not take into account the time required to prepare the order. When the delivery requires an appointment to be made with the Customer, the collection instructions will then be indicated to him in the exchanges by email or by telephone with him. When the Customer orders several products at the same time, they may have delivery times différents, sent by post or electronically, by receiving an email containing the links to the files to download, or accessible in the customer’s customer area. In the event of a delay in shipment, the Seller undertakes to do everything possible to find out the cause and remedy it as quickly as possible, even if it involves returning a product. In the event of late delivery, the Customer may terminate the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the “one-way” expenses under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a fixed line) indicated in the order confirmation email to ensure the follow-up of the order. The Seller reminds that at the moment the Customer is physically in possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations regarding the delivered product.

 

 

Article 9: Availability and presentation

In the event of unavailability of an item for a period exceeding 14 working days, you will be immediately informed of the expected delivery times and the order of this item can be cancelled on request. The Customer may then request a credit note for the amount of the item or its full refund and cancellation of the order.

 

 

Article 10: Payment

Payment is due immediately upon order, including for pre-order products. The Customer can effectuer pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment provider Stripe or Paypal. The information transmitted is chiffrées in accordance with the rules of the art and cannot be read during transport on the existing network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the payment undertaking given by card is irrevocable. By providing his bank details at the time of sale, the Customer authorises the Seller to charge his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to charge the card, the Sale is immediately cancelled by operation of law and the order cancelled.

 

 

Article 11: Withdrawal period

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Purchaser has the right to withdraw without giving any reason, within a period of fourteen 14 days from the date of receipt of his order.

The right of withdrawal can be exercised by contacting the Company as follows:

– Contact us via the contact form available on the website

– Contact us by phone: +33 (0)6 03 39 39 77 36

 

We inform Customers that, in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal may not be exercised for products that can be downloaded from the website https://fovea-viewer.com, given the immediate availability of the product and that it may potentially be broadcast on other digital channels in an almost immediate manner.

 

In case of exercise of the right of withdrawal within the above-mentioned period, the price of the purchased product(s) and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer. Returns of products are to effectuer in their original and complete condition (packaging, accessories, instructions); they must be accompanied if possible by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard withdrawal form to be sent to us at the following address: SYGN SARL – 34 Boulevard Robert Thiboust – 77700 SERRIS (France)

 

 

Article 12: Guarantees

In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects of the products. The Seller refunds the buyer or exchanges products that are apparently defective or do not correspond to the effectuée order. The refund request must be sent to effectuer as follows:

– Contact us via the contact form available on the website

– Contact us by phone: +33 (0)6 03 39 39 77 36

 

The Seller reminds that the consumer:

– Has a period of 1 year from the delivery of the property to act with the Seller

– That he may choose between replacing or repairing the property subject to the conditions provided for in the above-mentioned provisions.

– That it is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods.

– That the consumer can also claim the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he can choose between cancelling the sale or reducing the sale price (provisions of Articles 1644 of the Civil Code).

 

 

Article 13: Complaints and Mediation

If necessary, the Purchaser may submit any complaint by contacting the company using the following contact details:

– Contact us via the contact form available on the website

– Contact us by phone: +33 (0)6 03 39 39 77 36

 

In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer ombudsman under the conditions provided for in Title I of Book VI of the Consumer Code.

 

In the event of failure of the complaint request to the Seller’s customer service, or in the absence of a response within two months, the consumer may submit différent to a mediator who will independently attempt to bring the parties together in order to obtain an amicable solution.

 

 

Article 14: Rescission of the contract

The order may be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases:

– Delivery of a product that does not comply with the characteristics of the order

– Delivery beyond the deadline set at the time of order or, if there is no date, within thirty days of payment

– Unjustified price increases or product modifications. In these cases, the buyer may demand repayment of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

 

 

Article 15: Intellectual Property Rights

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these properties for any reason whatsoever is strictly prohibited. Legal proceedings may be initiated if an infringement of the products sold on this website is found to exist.

 

 

Article 16: Force Majeure

The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

 

 

Article 17: Nullity and amendment of the contract

If one of the provisions of this contract is cancelled, this cancellation will not result in the cancellation of the other provisions that will remain in force between the parties. Any contractual amendment is only valid after a written agreement signed by the parties.

 

 

Article 18: Protection of personal data

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller sets up a personal data processing operation for the purpose of selling and delivering products and services defined in this contract. The Purchaser is informed of the following elements:

– The identity and contact details of the controller and, where applicable, the representative of the controller: the Seller, as indicated at the top of these GTC

– The contact details of the Data Protection Officer: SYGN SARL

– The legal basis of the processing operation: RCS MEAUX

– The recipients or categories of recipients of personal data, if they exist: the controller, his or her marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and ordering, subcontractors involved in delivery and sales operations and any authority legally authorised to access the personal data in question

– No transfers outside the EU are planned

– Data retention period: 24 months

– The time of the commercial prescription: the data subject has the right to request from the controller access to, rectification or effacement of personal data, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability

– The data subject has the right to file a complaint with a supervisory authority in the event of non-compliance related to the processing of the Buyer’s data by the Seller

– The information requested when ordering is necessary for the preparation of the invoice (legal obligation) and the delivery of the ordered goods, otherwise the order cannot be placed. No automated decisions or profiling are implemented through the ordering process.

 

 

Article 19: Information for consumers

For the purposes of informing consumers, the provisions of the Civil Code and the Consumer Code are reproduced below:

 

Article 1641 of the Civil Code: The seller is bound by the guarantee on the grounds of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known them.

 

Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of any apparent defects or lack of conformity.

 

Article L. 217-4 of the Consumer Code: The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.

 

Article L. 217-5 of the Consumer Code: The good is in conformity with the contract:

1° If it is suitable for the use usually expected of a similar property and, if applicable:

– If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;

– If it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.

 

Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing a movable property, to repair it covered by the guarantee, any immobilisation period of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer’s request for intervention or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.

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