INVOXIA TERMS AND CONDITIONS FOR PRODUCTS AND SERVICES FOR BUSINESS CUSTOMERS



  1. RELATIONSHIP BETWEEN YOU AND INVOXIA


These General Terms and Conditions of Sale for Invoxia Products and Services (hereinafter the "General Terms and Conditions of Sale") form the contractual terms and conditions between You (hereinafter the "Buyer", "You", "Consumer" or "User") and Invoxia SAS, whose registered office is at 8 Esplanade de la Manufacture, 92130 Issy les Moulineaux, France. C.S Nanterre 522 978 576 / VAT N° FR 25 522 978 576 (hereinafter "Invoxia" or "We").


You can find answers to the most frequently asked questions on our Customer Support Site https://invoxia.zendesk.com/hc/fr or contact our customer service through the online "Contact Us" interface.


These Terms and Conditions of Sale are a subset of the Invoxia Services Terms and Conditions for Products and Services ("Invoxia Services Terms and Conditions"). The Terms and Conditions of Sale prevail as to their subject matter over any other document of the Invoxia Services Terms and Conditions of Use.


Delivery of the Products and Services is made only in the countries listed on the website of our Online Support for each product: https://invoxia.zendesk.com/hc/fr. The content of this page listing the countries that We deliver to may be modified at any time and Invoxia cannot guarantee a continuous service to the countries listed on this page.


As a consumer, You acknowledge and warrant:


  • You have obtained and read a copy of these Terms and Conditions; and,
  • That you will use the Invoxia Products and Services provided by Invoxia for personal, non-commercial use only and that you are not acting in the course of any commercial, industrial, artisanal or liberal activity; and
  • Be in possession of these Terms and Conditions of Sale on a durable medium, in particular by physically printing them; and
  • Be of legal age or authorized under the laws of your country of residence to commit to these Terms and Conditions; and
  • That the laws of your country of residence authorize You to make the purchase and to have delivered a Product or Service of Invoxia; and
  • That You have no reservations about the provisions of these Terms and Conditions of Sale; and
  • That the fact of making an order must be interpreted as an acceptance without reserve of the General Conditions of Sale; and
  • To be fully aware that placing an order on the Site entails an obligation to pay; and
  • That placing an order or purchasing one or more Products and Services from Invoxia constitutes confirmation that You have read and understood and agree to these Terms and Conditions of Sale without reservation, dispute or refusal.

  1. DEFINITIONS


Sometimes We use certain words whose first letter is capitalized. This capitalization indicates that the word has the following meaning:


  • Buyer:** means a natural or legal person who has placed one or more orders for one or more Products or Services of Invoxia, whose acquisition is possible through the Site and / or Applications published by Invoxia and / or by direct contact with the teams of the company Invoxia, and having all the rights necessary to enter into a Contract and place an order.

  • Consumer:** means any natural person owning and/or using one or more Invoxia Product(s) or Service(s).

  • Contract: means any Contract that is established between the Consumer and Invoxia on the basis of the order placed by the Consumer, after a conformation of the order by Invoxia and the completion of all actions required in these Terms and Conditions.

  • Parties: The Buyer or the Consumer or the User, on the one hand, and Invoxia, on the other hand.

  • Product or Products and/or Services or Invoxia Services:** means all goods and services of Invoxia that can be ordered through the Site and/or Applications published by Invoxia and/or by direct contact with the teams of the company Invoxia.

  • User:** means a natural person who uses or interacts with the Products and/or Services of Invoxia.

  • Site:** means the website available at the following address: invoxia.com

  1. SUBJECT


These General Terms and Conditions of Sale are applicable to all means and actions allowing (1) the presentation of an offer to the Consumer, in particular through the Site and the applications published by Invoxia, (2) the acceptance of this Offer through the conclusion of the Contract and (3) the execution of this Contract.


  1. CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE


The Parties understand and acknowledge that Invoxia has the right at any time to modify all or part of these Terms and Conditions of Sale, to incorporate changes required by law, or any other applicable regulation, any change in our Products and Services, or any event considered sufficiently appropriate by Invoxia to require such changes. Any new version of the Terms and Conditions of Sale will supersede the previous Terms and Conditions of Sale. However, any order is subject to the version of the Terms and Conditions applicable at the time of the order.


We recommend that You frequently consult the General Terms of Use of Invoxia Services and save each version on a durable medium.


  1. ORDERING AND CONTRACT FORMATION PROCESS


DESCRIPTION OF THE PRODUCTS - PRICES - ELEMENTS OF THE OFFER

Description of the Products


The Products presented on the Site are each the subject of a description that We establish. Only the present General Terms of Sale, the descriptions, characteristics, presentations of functionalities and prices implemented on the media that We publish and that We present to You directly, constitute the descriptions of the Products approved by Invoxia.


It is Your responsibility to verify the compatibility of the Product(s) and Service(s) as described in the elements listed above, with Your own needs or those for which You intend the Products.


You acknowledge that the photographs and videos illustrating the Products are not contractual documents and are presented for illustration purposes only and not for information purposes. They should not be considered as a determining element of the Buyer's consent to place an order.


Prices


The prices are always indicated without possible expenses of delivery and transport. The latter are mentioned before the order is validated. They will be clearly invoiced in addition to the price of the Product ordered unless otherwise indicated. This indication may take the form of a discount coupon, a gift card or a special offer.


Depending on where you are connected to the Site, the prices indicated on the Site may not include taxes. We draw your attention to the fact that the sale price never includes possible customs fees. Also, the legislation applicable to You may provide for certain direct or indirect taxes that We do not collect. Any tax not indicated at the time of the process of order remains in any event due, having regard to the applicable legislation and with your exclusive load.


The prices indicated on the Site may be offered to You in a currency that does not correspond to the currency used in your State. Invoxia will not bear the costs of currency exchange. The Buyer must pay the additional costs related to the change of currency. It is advisable to inform You about the fees and exchange rates applicable at the time You place the order, particularly with regard to the means of payment that You wish to use and that We offer You.


The amount that You will have to pay includes the sale price of the Product, the relative delivery costs and, if necessary, the taxes mentioned above. All these elements are indicated on the order summary page.


The prices that We present to You can be modified at any time. Only the price that is presented to You on the summary page at the time You place the order is applicable.


Components of the Offer


The above elements determine the offer by which We are bound when You have accepted it. The online sales offers that We present to You are valid, within the limits of available stocks, as long as they are accessible on the Site and on the Applications published by Invoxia or until the expiration of their validity period if they mention one on the Site or the Applications.


Thus, Invoxia can only be committed by the offers that are directly presented to You by Invoxia on the Site or through the Applications.


We inform You that prior to your identification as a Buyer (by entering the information of your order), You will be able to know the details of your basket by clicking on the icon "Basket". You will then be able to integrate the discount codes and gift cards that you have by entering the code on the same page and confirming. The price indicated will then take into account these reductions.


IDENTIFICATION OF THE BUYER - DETERMINATION OF THE DELIVERY AND BILLING ADDRESS


To place an order you can do so without creating an account. It is imperative that the Buyer communicates to Us true and updated information, in particular his name, his complete physical address, and his telephone number. This information allows Invoxia to properly complete and deliver the order.


If You have designated another person to receive your order, always make sure to ask for his prior consent to receive your order and to authorize You to communicate information about himself including his personal data. Invoxia cannot be held responsible for information provided without the consent of the recipient. By providing incorrect information, the Buyer waives its right to allege a breach of the Contract by Invoxia in the event that Invoxia could not fulfill its obligations due to the Buyer's failure to provide correct information about the recipient of the order.


In order to facilitate communication by electronic means, We remind You that your identification can be automated through the use of cookies. The identification will be automatic unless You erase the history of your Internet browser. It is recommended to clear the history of your browser when you leave it. Invoxia can not be held responsible for any disclosure of personal data that may be known to one or more third parties because of the express or implied permission that You have given to this or these third parties by leaving your browser without clearing your history.


ORDER - PRE-ORDER VERIFICATION


When We have the information to establish :

  1. the invoice for your order,
  2. to identify You as the person who placed the order and
  3. to allow Us to make the delivery,

We will offer You different delivery methods. It will be up to You to choose one of them which will be invoiced to You at the indicated price. The order will be invoiced in accordance with the price indicated. The delivery method will apply to all the Products in your shopping cart, i.e. the Products ordered on our Site and/or on an Application. The price indicated is valid for all the Products. If You want the Products to be delivered in different ways, You must place several orders.


Unless otherwise stated, coupons and gift cards do not apply to delivery charges.


In order for You to know the price of your order, the delivery rate and the delivery method You have chosen will be added within your basket, the total indicating the price You will actually pay for your order. We remind You that this price does not include the customs charges and may not include all the taxes that You may have to pay according to the legislation applicable to You.


By clicking on " continue " We will indicate to You the proposed means of payment. After having proceeded to the choice of the method of payment, You will be invited to fill in a form allowing You to identify the method of payment that You wish to use.


PAYMENT - SECURITY OF PAYMENT METHODS - FIGHT AGAINST FRAUD


Within the framework of an order made through the Site or one of the Invoxia Service(s) or Application(s), we make available to you different means of payment allowing You to pay for your order:


  • Credit card (Visa, MasterCard, Discover, American Express)
  • PayPal
  • Apple Pay

Transactions are conducted through transaction collection platforms that allow for the collection of payments by means. The payment transaction is edited and performed by third party companies - When making a payment through our Services, You may be required to have a personal account. Therefore, we do not have access to your banking data. Also, in order to fight against fraud, We have implemented procedures to verify orders. These means may allow Us to block and, if necessary, cancel an order if fraud is detected. You will then be notified by email at the address You have provided. If this cancellation is not necessary, do not hesitate to contact our customer service.


FINALIZATION OF THE ORDER - CONCLUSION OF THE CONTRACT


In order to finalize your order, we provide you with a summary of the information relating to your order allowing you to check the details of your order. Thus, before clicking on the button allowing you to finalize the order and express your acceptance, You have the possibility to edit and modify the billing address, the shipping address, the desired shipping method and the Products and Services in your cart.


To finalize the order you will need to click on "Confirm my order". You acknowledge that placing an order implies an obligation to pay. The absence of payment prevents any formation of the order. You will then be immediately sent an order number to the e-mail address you provided during the ordering process. Your confirmation of the order leads to the conclusion of a contract between Invoxia and You, and implies :


  • Your firm acceptance of an offer presented by Invoxia through the Site or its Applications (including mobile) or any other organized sales system published by Invoxia, without the simultaneous physical presence of the Parties, by the exclusive use of one or more techniques of remote communication; and
  • The acceptance of these General Conditions of Sale; and Unless otherwise stated, the acceptance of immediate payment of the sale price of the Products and Services once the contract is concluded.
  • Invoxia may conclude the Contract with You based on the information You have provided - or Invoxia may refuse to conclude the Contract with You based on the analysis of data made in order to verify the compliance of your order with these Terms and Conditions of Sale, including the place of delivery and measures to fight fraud. An email acknowledging receipt of the order, its acceptance by Invoxia, your acceptance, and payment of the order will be sent by Invoxia to the email address You provided to Us during the ordering process ("Order Confirmation Email").

ARCHIVING


The archiving of communications, purchase orders and invoices is carried out on Invoxia's servers in such a way as to allow both Parties to constitute a copy of the elements allowing the conclusion of the contract.


PROVISIONS SPECIFIC TO OFFERS WITH SUBSCRIPTION


Certain Products and Services may be offered to You through a subscription, with or without a time commitment. The price of subscriptions varies according to the nature and quantity of the Product(s) and Service(s) provided. The rates evolving during the course of the contract will be communicated before application.


Provisions relating to subscriptions with commitments


This type of subscription commits You for a specific period of time (the "Initial Contract Period"). This period is specified in the order that You place. If this subscription concerns an Invoxia Service, You acknowledge that You expressly request that this Invoxia Service be executed as soon as possible. Consequently, You will not be able to benefit from your right of withdrawal if the Invoxia Service is fully executed. By subscribing to a subscription, You make a single order that obliges You to pay the amount attached to the duration of your subscription.


Unless You terminate Your subscription in accordance with the conditions set forth below, Your subscription will be automatically renewed for the same duration after the expiration of the initial contractual period. The renewal will be invoiced at the price applicable on the day of the renewal of the subscription. You will be notified of the arrival of this automatic renewal by a dedicated e-mail to the e-mail address that You have indicated to Us. This e-mail will be sent to You at the earliest three (3) months and at the latest one (1) month before the end of the initial contractual period. After the expiration of the initial contractual period, You may terminate the Contract for the supply of Products and Services with a subscription at any time and without notice. However, if the subscription is for an Invoxia Service offered over a period of time, We shall consider that any month started shall be paid.


Non-committal Subscription Provisions


If this subscription concerns an Invoxia Service, You acknowledge that You expressly request that this Invoxia Service be executed as soon as possible. Consequently, You will not be able to benefit from your right of withdrawal if the Invoxia Service is fully executed. You may terminate at any time and without notice the Contract for the supply of Products and Services with subscription. However, if the subscription concerns an Invoxia Service offered over a given period of time, We must consider that any month started must be paid.


DELIVERY OF PRODUCTS

Delivery time


In the absence of any indication or agreement to the contrary as to the delivery date, We undertake to deliver the Products that You have ordered within thirty (30) calendar days of the conclusion of the contract and payment of the order.


Delivery Conditions - Prerequisites


Delivery (hereinafter "Delivery" in these Terms and Conditions) is achieved by the transfer of physical possession and/or control of the Product. Delivery of the Products shall be presumed to have been made when:


  • The delivery of the Product(s) will be made to the address that You have indicated to Us; or
  • The delivery of the Product(s) will be made either to You or to the third party that You have designated (other than the carrier); or
  • The Product has been activated through an account.

All risk of loss or damage to the Product(s) passes to You at the time You, or Your designated third party, takes physical possession of the Product(s). You are required to respect certain prerequisites attached to the delivery, in particular those indicated in the General Terms of Use of Invoxia Services. Thus, You or the person You have designated to receive the delivery:


  • You must proceed immediately upon delivery, to a verification of the Products delivered and notify Invoxia immediately, including by means of an email, any anomaly on the items delivered.

You will be notified of the arrival of this automatic renewal by a dedicated email to the email address that You have given Us. This e-mail will be sent to You at the earliest three (3) months and at the latest one (1) month before the end of the initial contractual period. After the expiration of the initial contractual period You may terminate the Contract for the supply of Products and Services with subscription at any time and without notice.


Any claim in relation to an error or anomaly in the Delivery must be made as soon as possible.


Failure to deliver


In case of return of an order due to an impossibility of delivery which is not attributable to Us or to the company that We have entrusted with the delivery, We may, without prejudice to the other rights that You have in your capacity as Consumer and Buyer, claim from You the costs necessary for the realization of a new shipment. Such could be the case in particular if You do not respect the requirements attached to the delivery.


Delayed Delivery


You may terminate the Agreement if We fail to deliver to You within thirty (30) calendar days after receipt of the order confirmation email and payment for your order, unless We have indicated in your order a date greater than thirty (30) calendar days after receipt of the order confirmation email and payment for your order.


However, prior to such termination of the Contract, You must instruct Us to make delivery within a reasonable further period. The termination may only occur if We fail to deliver to You within such period. Your rescission of the Contract must be made by registered letter with acknowledgement of receipt or by a writing on another durable medium.


The Contract shall be deemed to be terminated when We receive such letter or writing informing Us of such termination, unless your order has been delivered to You in the interim. You may, however, terminate the contract immediately if We fail to comply with the above-mentioned time limits and compliance with the applicable time limit constitutes an essential condition of the contract for You. This essential condition results from the circumstances surrounding the conclusion of the Contract or from an express request made by You before the conclusion of the Contract. If the Contract is terminated under the conditions indicated above, We will reimburse You for all sums paid, at the latest within fourteen (14) days following the date on which the Contract was terminated.


  1. RIGHT OF WITHDRAWAL FROM INVOXIA


The provisions of this section shall not take away any rights guaranteed to You by law.


TERMS


You have a period of thirty (30) days from the date of ordering the Product to withdraw.


This thirty (30) day period expires after the date You place Your order. The date of order of the Product is indicated on the order confirmation. This commercial retraction granted by Invoxia is not applicable in the following cases:


  • For all digital content;
  • When You cannot return the Product and its accessories in their original packaging; For Services offered by Invoxia such as hosting solutions; For Invoxia Services subject to a subscription;
  • When the returned Product does not correspond to the Product subject to the present commercial retraction. This element can be established by means of the MAC number of our Products;
  • When the returned Product has been used in conditions that do not comply with the indications given by Invoxia for the use of the Product. This may be the case in particular if the Product is returned broken or in a condition that does not allow us to resell the Product as is. Thus, any repair requiring the change of one or more components of the Product excludes the right to commercial retraction;
  • When the Product has been put in contact with water and We do not mention the "waterproof" or "impermeable" character of the Product; In case of supply of goods made according to the specifications of the Buyer or clearly personalized;
  • In case of supply of goods likely to deteriorate rapidly;
  • In case of supply of goods which have been unsealed by You after delivery and which cannot be returned for reasons of hygiene or health protection;
  • In case of supply of audio or video recordings or computer software when they have been unsealed by You after delivery;
  • In case of supply of digital content not provided on a physical medium whose execution has begun after your prior express agreement and express waiver of your right of withdrawal;
  • Any product that has not been purchased through the Site Invoxia can not benefit from this option of withdrawal. The User is invited to contact the person or distributor who sold him the Product.

HOW TO EXERCISE YOUR RIGHT OF WITHDRAWAL ?


The decision to retract must be communicated to Us through an unambiguous statement in which You clearly express Your will to retract (e.g. letter sent by post or e-mail) or by contacting our customer service. For business management purposes and to improve our Products and Services, We may ask You to explain your decision.


CONSEQUENCES


By expressing your decision to withdraw, You commit Yourself to return the Product(s) which are the object of the withdrawal as well as all their accessories as soon as possible. The return of the Product(s) is done at your expense. You will bear all costs of returning the Product(s). The burden of proof of the exercise of this commercial retraction and of the return of the Product(s) lies with You. The Product(s) and their accessories must be returned to the addresses that will be communicated to You by our customer service department.


As soon as We receive the Product(s) and after verification of the latter, We will reimburse You as soon as possible, the price of the Product(s), excluding delivery charges, excluding bank charges and excluding customs charges. We will make this refund using the same payment method that You used for the initial transaction. With your agreement, We may offer You to make the refund through another means of payment; in any case, You will not incur any costs due to the refund.


However, if the verification of the returned Product(s) reveals a condition of exclusion of the present commercial retraction, We will be able to propose You these various choices: To return the Product to You at your expenses and risks following preliminary payment of the expenses of return; The destruction of the Product - Repair of the Product. This last one intervening if You refuse to pay the expenses of return of the Product within fourteen (14) days as from our notification according to which your Product is not covered by the commercial retraction.



Consumers located within the European Union will be subject to the provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.


You will find specific information on this legal right of withdrawal in the appendix to these General Conditions of Sale.


European Consumers will always be able to benefit from the provisions applicable to the commercial withdrawal granted by Invoxia, if the provisions relating to the "Invoxia right of withdrawal" are more favorable than those granted by the law of their country of residence.


  1. AFTER-SALES SERVICE


We provide you with an after-sales service for any question related to our Products and/or Services.


In order to respond to your support request, some of your personal information may be temporarily transferred to our customer service department until the problem is resolved. We ensure that our service department strictly adheres to our privacy policy.


  1. WARRANTIES


It is Your responsibility to verify that the Product and/or Service You wish to order complies with the legislation of the country of delivery and the conditions applicable to the entry of Products and/or Services into the country of delivery.


GUARANTEE AND RESPONSIBILITY ATTACHED TO THE MEANS ALLOWING TO PLACE THE ORDER ON THE SITE OR ON OUR APPLICATIONS


In accordance with the Terms of Use of the website and the Terms of Use of the Applications and unless otherwise provided by law and imperative, particularly due to the occurrence of a physical injury, the responsibility of Invoxia related to the use of the Site and / or Applications and technical means to place an order, can not be committed because of direct or indirect damage, material or immaterial, including loss of profit, loss of opportunity, loss of customers, loss of data, loss of image that You suffer.


THE SERVICE ATTACHED TO THE MEANS TO PLACE AN ORDER ON THE SITE OR APPLICATIONS, IS PROVIDED "AS IS", "AS AVAILABLE" AND "IF AVAILABLE". Invoxia DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND WITH RESPECT TO THE SITE, THE APPLICATIONS, THE SERVICE ATTACHED TO MEANS OF ORDERING ON THE SITE OR THE APPLICATIONS. Thus, Invoxia DOES NOT GUARANTEE THE MARKET QUALITY, THE FITNESS FOR A PARTICULAR PURPOSE, THE NON-INFRINGEMENT.


WARRANTY ATTACHED TO INVOXIA PRODUCTS


By placing an order on the Site and/or through our Applications, You benefit from the guarantees applicable to each Product. These warranties may vary depending on the State where You have your usual residence.



The legal warranties apply independently of any commercial warranty that may have been granted (Invoxia extended warranty). In accordance with French law, if You are a consumer within the meaning of the Consumer Code and provided that Invoxia is the seller from whom You acquired the good or service, Invoxia is liable for defects in conformity of the good to the contract under the conditions of Article L 217-4 and following of the Consumer Code and for hidden defects of the thing sold under the conditions provided for in Articles 1641 and following of the Civil Code.



The seller is obliged to deliver goods that conform to the Contract and is responsible for any defects in conformity that exist at the time of delivery. The Seller shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made responsible for by the Contract or has been carried out under its responsibility. To comply with the Contract, the goods must:


  • 1° Be fit for the purpose usually expected of similar goods and, where applicable, correspond to the description given by the seller and possess the qualities that the seller has presented to the Buyer in the form of a sample or model, have the qualities that a Buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
  • 2° Or have the characteristics defined by mutual agreement between the Parties or be fit for any special purpose sought by the Buyer, brought to the attention of the Seller and accepted by the latter.

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the goods.


You may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. You are exempted from proving the existence of the defect of conformity of the good during the six months following the delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for used goods.



The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the Buyer would not have acquired it, or would have given only a lesser price for it, if he had known of them. The action resulting from redhibitory defects must be brought by the Buyer within two (2) years from the discovery of the defect. You will then be able to choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.


  1. PROTECTION OF PERSONAL DATA


For Invoxia, the protection of the privacy of its Users is of the utmost importance. We invite You to read our Privacy Policy, our Terms of Use for Invoxia Services and our Terms of Use for Applications related to Invoxia Products and Services.


You have the right to access, rectify and object to the information concerning You. You may also, for legitimate reasons, oppose the processing of Personal Data concerning You.


  1. GENERAL CONSIDERATIONS


FORCE MAJEURE


Any event which is deemed to be both unforeseeable, irresistible and external and which prevents Us from fulfilling our obligations under the Terms of Sale shall be considered a Force Majeure event ("Force Majeure Event"). The following events are specifically considered Force Majeure Events: strikes, floods, fires, lockouts, disruptions and defects in transportation services, difficulties in the supply of raw materials or energy, any communication interference resulting in difficulties in fulfilling an obligation or performing any obligation required by these Terms and Conditions of Sale which shall then be suspended for the duration of the Force Majeure Event. Performance of any such obligation shall be immediately continued once the cause of the Force Majeure Event ceases.


ENTIRE AGREEMENT


These Terms and Conditions constitute the entire agreement between You and Us, and supersede, exclude and replace any prior undertaking in relation thereto. You acknowledge that other Invoxia Services Terms and Conditions documents may also apply when You are subject to these Terms and Conditions.


SURVIVAL


If any provision of these Terms and Conditions of Sale is found to be invalid or unenforceable by any court or tribunal of competent jurisdiction, the invalid or unenforceable portion or provision shall be deemed unwritten.


NON-WAIVER


No failure, delay or partial performance by Invoxia of one or more rights under any provision of these Terms and Conditions of Sale shall be construed as a waiver by Invoxia of its right to invoke such provision at a later time or to rely on any failure of the other party to perform such provision.


EVIDENCE - ELECTRONIC COMMUNICATION


Any notice or communication between You and Invoxia may be made by any electronic means. Thus, You are fully aware that Invoxia may communicate information to You by any electronic and dematerialized means that may be directly or indirectly linked to your Invoxia account for the Connected Health Products and Services.


APPLICABLE LAW - DISPUTE RESOLUTION


In the event of a dispute or litigation between Invoxia and You arising out of or in connection with Your use of an Invoxia Product or Service, the Parties shall in good faith, as soon as possible and prior to any legal action, attempt to resolve the dispute through an amicable procedure or through alternative dispute resolution. The Parties may agree to resolve their dispute using the online dispute resolution platform provided by the European Union. You can access the platform here: Access the platform



APPENDIX: LEGAL RETRACTION



  1. Conditions and deadlines for the right of withdrawal


You have a period of fourteen (14) days to exercise your right of withdrawal from the Contract concluded with Us. The fourteen (14) day period shall run from:


  • From the receipt of the Product by the Buyer or by a third party, other than the carrier designated by Invoxia or designated by the Buyer. Receipt (hereinafter "Receipt") of the good by the Purchaser means the delivery of the Product or the activation of the latter.
  • From the conclusion of the contract for contracts for the provision of services

For contracts providing for the regular delivery of goods during a defined period, the period shall run from the receipt of the first good.


In the case of an order for multiple goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period of time, the withdrawal period shall run from receipt of the last good or lot or part.


In the context of the provision of services, You can ask Us to execute the contract immediately. If You have exercised your right of withdrawal from a contract for the provision of services, the performance of which has begun, at Your express request, before the end of the withdrawal period, You must pay Us an amount corresponding to the service provided until receipt of the communication of Your decision to withdraw; this amount is proportional to the total price of the service agreed in the contract.


  1. Exclusions from the right of withdrawal


The right of withdrawal cannot be exercised for contracts:


  • Of supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the consumer and express waiver of his right of withdrawal;
  • The supply of goods made to the specifications of the Buyer or clearly personalized;
  • Supply of goods that are likely to deteriorate rapidly;
  • Supply of goods that have been unsealed by the Consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
  • The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • The supply of digital content not provided on a physical medium whose performance has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
  • The Consumer and/or the Buyer hereby gives his express agreement for the supply of digital content independent of any material support before the expiration of the withdrawal period. In this case, the Consumer and/or Buyer waives the right to exercise his right of withdrawal.

  1. Terms and conditions for exercising the right of withdrawal and returning the Product


The decision to retract does not have to be motivated and must be communicated to Us through a statement devoid of ambiguity and expressing Your will to retract. To this end, and before the expiry date of the deadline, You can communicate your decision through the model withdrawal form attached below (but this is not obligatory). The burden of proof of the exercise of the right of withdrawal lies with You as the Buyer. This is why We advise You to notify Your decision to withdraw by registered letter with acknowledgment of receipt.


Of course, You can also fill out and send the model of withdrawal form or any other unambiguous statement on our website Invoxia.com. If You use this option, We will promptly send You an acknowledgement of receipt of the withdrawal on a durable medium (for example, by email).


The exercise of the right of withdrawal obliges You to return to Us the Product(s) subject to withdrawal within a maximum period of fourteen (14) days from the date of communication of its decision to withdraw.


The return of the Product is carried out at your expense. You shall only bear the direct costs of returning the goods. The burden of proof of the exercise of the right of withdrawal and the return of the Product(s) shall be borne by the Buyer.


In the context of the implementation of the right of withdrawal, your responsibility may be engaged in case of depreciation of the goods resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of these goods.


  1. Refund conditions after exercising the right of withdrawal


The exercise of the right of withdrawal allows Invoxia to reimburse the full amount paid when You purchased the Product(s) and/or Service(s).


However, the reimbursement of delivery costs will be made on the basis of the standard delivery method proposed by Invoxia. The standard mode of delivery corresponds to the least expensive mode of delivery proposed to the Consumer before he/she proceeds with his/her order. The proof of this delivery cost can be brought by any means by Invoxia.


No refund will be made before Invoxia receives the Products or communicates the proof of shipment of the Product(s) that are the object of the exercise of the right of withdrawal.


Invoxia will make this refund using the same payment method that You used for the initial transaction. However, and with your prior agreement, another means of payment may be used. Your agreement may be notified to Us by means of computer communications such as e-mail. The refund shall not result in any cost to the consumer.


RIGHT OF WITHDRAWAL


You have the right to withdraw from this Agreement without giving any reason within fourteen (14) days.


The withdrawal period expires fourteen (14) days after the day on which You, or a third party other than the carrier and designated by You, takes physical possession of the good or the last good. To exercise the right of withdrawal, You must notify Us of your decision to withdraw from this contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail). You can use the model withdrawal form but it is not mandatory. You can communicate your decision to Us at the following address


Invoxia SA : 8 Esplanade de la Manufacture, 92130 Issy-les-Moulineaux, FRANCE


You can also contact Us :



You can also fill in and transmit the model withdrawal form or any other unambiguous statement on our Website Invoxia.com If You use this option, We will send You without delay an acknowledgement of receipt of the withdrawal on a durable medium (for example, by email). In order for the withdrawal period to be respected, it is sufficient for You to transmit your communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.


EFFECTS OF WITHDRAWAL


In the event of your withdrawal from this contract, We will refund all payments received from You, including delivery charges (except for additional charges arising from the fact that You have chosen, where applicable, a method of delivery other than the less expensive standard method of delivery offered by Us) without undue delay and, in any event, no later than fourteen (14) days from the day on which We are informed of your decision to withdraw from this contract. We will proceed with the refund using the same means of payment that You used for the initial transaction, unless You expressly agree to a different means; in any case, this refund will not incur any costs for You. We may defer the refund until We have received the goods or You have provided proof of shipment of the goods, whichever comes first.


You must return the goods to Us without undue delay and, in any event, no later than fourteen (14) days after You have informed Us of Your decision to withdraw from this contract. This period is deemed to have been respected if You return the goods before the expiry of the fourteen-day period. You will be responsible for the direct costs of returning the goods.


Please complete and return the following form if you wish to withdraw.


To the attention of
Invoxia SAS, Retraction Service
8 Esplanade de la Manufacture 92130 Issy les Moulineaux - France


E-mail. : contact@Invoxia.com


I hereby notify you of my withdrawal from of the contract for the sale of the following goods:


Ordered on ____ / ____ (DD/MM/YYYY)



First Name / Last Name



Address



City / Postal Code / Country



Date


____ / ____ (DD/MM/YYYY)


Signature




Reference: sales-conditions/2019-02


Updated on February 28, 2019