WALKME, WELL-BEING DEVICE
Company with a variable capital, current capital of 1.000,00 EUR,
Whose registered office is Pole REALIS – 710, rue Saint Castor – 34080 MONTPELLIER Favre
Registered at the Montpellier RCS under number 817 973 241,
Represented by Mr Jordan MIRON, Chairman
Hereinafter referred to as “vendor”,
On the one hand,
Any physical or legal major person having capacity to contract, making a purchase of product on this site,
Hereinafter referred to as “buyer”,.
On the other hand,
The parties hereto have agreed and stopped the following:
RESILIENT INNOVATION was founded to design, develop, manufacture and sell electronic walking-aid devices referred as “WALKME. This device is intended for persons with age-related walking disabilities.
This device is not a medical device.
The company commercializes its “WALKME” device on its site “resilient – innovation.com» and the present general conditions of sale aim to clarify the sales conditions granted between the buyer and the company and to mention the conditions under which the parties accept to be submitted. The seller reserves the right to modify but undertakes to apply the conditions in force when ordering.
Article 1 – Designation of the device
The electronic device referred to is a walking-aid device intended to people suffering from age-related disabilities. It consists in a box, a battery charger and a wireless headset connected via bone conduction with its dedicated charger. The device will be hereinafter referred to as ‘Device’ The device also comes with instructions for use.
Article 2 – Guarantees, claims and returns
The seller is bound to the legal warranty for hidden defects, in accordance with the article 1641 of the civil Code. In case of implementation of this warranty, the buyer will be allowed to choose between the sale resolution or reduction of price.
The seller provides the quiet enjoyment of the property subject of the present contract. He declares that he is the sole and unique device’s owner and that there is in his right no obstacle nor other legal or contractual restrictions to the free provision of this good.
The seller also ensures the compliance of the device in relation to the product displayed on this site.
The buyer must check the device when delivered, in case of non-compliance. He shall immediately make some reservations. Checking will be particularly focused on any anomaly related to :
- package (if damaged)
- quality (damaged product)
- compliance with order (reference of material)
The claim must then be notified within 3 days starting from date of delivery, either:
- by registered mail to the following address: Resilient innovation Pole REALIS, 710 rue Favre Saint Castor, 34080 Montpellier
- by email to the following email address: firstname.lastname@example.org .
When the non-compliance will be detected, the company will offer the customer a replacement of the device within two (2) months after return or the refund of the order (price of products and delivery fees).
In addition, the seller is bound to the legal guarantee of conformity of goods with the contract, for a period of 2 years, under the article L211-4 of the French Consumer Code. He is liable for the lack of conformity that would make the good unsuitable for use as normally expected from the buyer.
In case of lack of conformity, the material will be replaced or repaired excluding any other right to additional damage whatsoever. The buyer shall inform the company of the lack of conformity as soon as possible following the discovery of malfunction at the following address: email@example.com. The buyer undertakes to pay for the expenses of return.
The seller undertakes to repair the device in case of malfunction resulting from normal use of the good. On the other hand, it excludes any repair in case of malfunction resulting from the buyer’s negligence, any misuse of equipment or any use other than that recommended in the instruction handbook.
Article 3 – Right of withdrawal
The buyer has a withdrawal period of 14 days without giving any reason or incur any cost other than that caused by the return of the equipment back, this period of time running from the day of receipt of the equipment (article L.121 – 21 al. 2 of the French Consumer Code). A form is available below for any further details.
The costs and risks of return of the device are the responsibility of the buyer.
The buyer declares having taken full knowledge of contraindications and recommended use as outlined in the instructions for use provided with the device. It has sole responsibility to determine if the equipment meets his needs and the company gives no guarantee that the device is suitable to the buyer’s specific needs.
The guarantees shall not apply in case of damage caused by :
- non-compliance with the rules mentioned in the instructions for use,
- opening or attempting to open the control unit or any damage to the control unit and/or headset
- an environment of use and material storage non-complying with the operating instructions,
- as a result of any attempted repair by a third party unless approved with our prior written consent
- any change, any assembly of appliance, software or interface, any dismantling or in general, any other use not defined by the operating instructions or instructions for use of the equipment.
- the use of a charger not supplied with the control unit
In case of non-compliance with the obligations mentioned in the instructions for use, no fault shall be attributed to the company by the buyer.
Article 5 – Price and payment
Prices are fixed and non-revisable, all taxes included, and excluding delivery costs.
«WALKME» device cost 1666,67 euros pre-tax value or 2.000,00 euros VAT included.
The client accepts the price after placement and payment of the order.
Delivery charges are communicated to the buyer on this site and all taxes included. These expenses are at the customer’s expense and are billed in addition of the sale price of the device. The company reserves the right to modify the prices at any time but undertakes to apply the prices shown on the website and in the present General Sales Conditions at the time the order is placed.
In case of a wrong, obviously impossible, price display due to a computer bug or technical error, the order shall be cancelled. We will inform you as soon as possible when the computer bug shall be solved and you will then be able, if you wish, to place a new order at the corrected and right price.
The payment is made online by credit card. The card authorization request is made when the order is placed on the website, unless servers are unavailable and in that case the company reserves the right to make a new application for authorization.
We inform you that you can also pay by bank check, the present general conditions of sale that applies more for this type of sale, which will be the subject of a special agreement.
For more information please contact firstname.lastname@example.org.
An order becomes effective as a result of the following steps:
- The buyer selects the product and indicates that he wishes to buy the device.
- The buyer can access the contents of his order that he can delete or modify.
- The buyer validates his order by clicking ‘pay’ to finalize his order
- The buyer enters his delivery and billing details and then clicks on validate to confirm his order.
- The buyer enters his bank account details on a secure bank payment screen
- The purchaser will then receive by email a confirmation of the order including the general conditions of sale. (to be defined according to the plug-in’s shop)
The validation of the order by the buyer and the confirmation of order sent by e-mail by the company as a result of the payment implies a sale contract between the Parties and acceptance of the General Conditions of sale.
The company reserves the right not to validate the order in case of unacceptable or abusive claims, unusual ordered quantities or unacceptable and abusive exchanges and returns.
In case of payment failure, wrong address or any other problem regarding the essential data transmitted by the buyer, the company shall block the order until the problem is solved.
For any questions relating to the order, or in the event of fraudulent use of his credit card on the website, the buyer is invited to address his claim to the following email address: email@example.com
Transactions on the following site are secured by the payment system.
All data information exchanged to process the payment are encrypted by using the Protocol.
The data information in relation with your order are subject to automated processing. This automated data processing is intended to a client’s follow-up. The company is the sole recipient of the data in relation to your order and will not disclose them to its partners.
The seller agrees to deliver the client within the limit of available stocks of products.
Article 7 – Delivery and transfer of ownership
Vendor will have full responsibility for its products until receipt by the buyer, the transfer risk being realized at the time of delivery. Thus, the risk of loss or damage to the device is borne by the seller until delivery is made either by himself or by the carrier of its choice.
In accordance with thte article L138-4 of the French Consumer Code, if the buyer selects a carrier other than the one proposed by the professional risks are transferred to the buyer.
The company delivers the goods to ….(list of countries)
The device will be delivered within three months at the address mentioned in the form ‘delivery addres’ completed by the buyer on the website.
In accordance with the article L183-3 of the French Consumer Code in case of delay in delivery not justified by a case of force majeure, the buyer may request the resolution of the sale and obtain reimbursement of the sums paid on the occasion of the sale within a period of fourteen (14) days.
Article 8 – Penalty Clause
In case of failure of balance payment on the due date, the Buyer shall be liable in addition to the balance for a compensation equivalent to 20% of the outstanding balance. This compensation is payable ipso jure, without prior formal notice from RESILIENT INNOVATION company, solely because of non-compliance with the due date .
Article 9 – Termination Clause
If payment is not received at the due date and one month after notice has been provided without any result, the contract will be rightfully cancelled ipso jure by the seller , even in case of payment or execution after expiration of the application payment period.
Article 10 – Force majeure
The occurrence of a force majeure case shall have the effect of suspending the execution of the contractual obligations of RESILIENT INNOVATION company.
Any event beyond the will of RESILIENT INNOVATION company obstructing its normal functioning at the stage of manufacture or shipment of the device represents a case of force majeure.
The following cases are considered as force majeure cases : fire, explosion, water damage, total or partial strikes impeding the smooth running of the RESILIENT INNOVATION company or one of its suppliers, subcontractors or carriers, as well as the interruption of transportation, the supply of energy, raw materials or spare parts.
Article 11 – Applicable law and competent court
In case of dispute, the parties agree to a conciliation procedure of the dispute. If unsuccessful, they can submit their dispute to the Court of Montpellier, or to the legal rules provided in the article 46 of the code of civil procedure.
All sales concluded by RESILIENT INNOVATION are subject to French law.
Article 12: Miscellaneous
Intellectual property right
Trademarks, domain names, products, software, images, videos, texts, or in general any information subject to intellectual property rights are and remain the exclusive seller’s property. No transfer of intellectual property rights can be performed through the GBTC. Any total or partial reproduction for any reason whatsoever is strictly prohibited.
Nullity of the contract
If one clause of this contract were cancelled, this nullity would not induce the nullity of the other provisions which shall remain in force between the parties.
Protection of personal data
In accordance with the Law on Data Processing and Freedom as of January 6th,1978, the buyer holds the rights of interrogation, access, modification, opposition and rectification regarding his personal data. By signing up those general sales conditions, the buyer agrees that the seller collects and uses these data for performing a customer service follow-up.
Withdrawal of order form
Withdrawal of order
Consumer code, article L. 121 – 21 to L. 121-21-8
In order to use your right of withdrawal, please follow the following instructions as below:
- 1 – complete and sign this form;
- 2. it is recommended to send it by registered letter with acknowledgement of receipt to the seller’s address as referred to in the contract and below;
- 3 mail it no later than the fourteenth day from the day of receipt of the material or, if that period expires on a Saturday, a Sunday or a public holiday or bank day, day the first following working day.
Attention to RESILIENT INNOVATION company
Headquarters: Pole REALIS – 710, rue Saint Castor – 34080 MONTPELLIER Favre
817 973 241 RCS Montpellier
Phone : 33 (0) 4 11 93 28 47
Hereby I give you notice that I withdraw from the sale contract of the device below:
Ordered on ……………………………………………….. and received on ………………………………………….
Information notice regarding the exercise of the right of withdrawal
French Consumer Code , appendice to article a. 121 – 2
RIGHT OF WITHDRAWAL
You have the right to withdraw from the contract without giving any reason within a period of fourteen days.
The withdrawal period shall expire fourteen days after receipt.
To exercise the right of withdrawal, you must inform the seller of your decision (by registered letter with acknowledgement of receipt – highly recommended). You can use the withdrawal form template but it is not mandatory.
In order the withdrawal period of time to be respected, you need to send your document related to the exercise of the withdrawal right before the expiry of the withdrawal period.
In case of withdrawal from your part regarding this contract, you will be refunded all payments received including delivery costs (with the exception of the additional costs arising from the fact that you chose, when appropriate, a method of delivery other than the less expensive standard method of delivery that we suggested) without any delay, and in any case , at the latest fourteen days from the day of acknowledgment of your decision to withdraw from this contract.
You will be refunded by using the same method of payment than the one you have used for the initial transaction, unless you expressly choose another arrangement; in any case there will be no additional cost.