General terms and conditions of sales
Conditions of Sales
These general Terms and Conditions of Sales shall exclusively apply to the online sales of the products (hereafter the “Products”) manufactured by UBITHINGS (hereafter the “Seller”) sold to a customer (hereafter the “Buyer”) on the website www.meetprizm.com (hereafter the “Website”).
Any natural person who does not represent a commercial, industrial, handcraft or liberal activity shall be considered as a Buyer.
Article 1 – Seller designation
UBITHINGS is French simplified joint stock company (SAS) whose head office is located at the following address: 12 rue Chabanais – 75002 Paris – FRANCE. The company is registered in the Paris Trade and Companies Register under the number 803 160 629.
Community VAT identification number: FR 86 803160 639
UBITHINGS can be contacted by mail at its headquarters address, at the following phone number 0033 (0)1 44 82 56 46 and by email at: [email protected].
Article 2 – Purpose of the General Terms and Conditions of Sales
The subject matter of these general Terms and Conditions of Sales is to define the legal obligations of the Parties as part of the online sale of the Products by the Seller on the Website.
The Buyer can access these General Terms and Conditions of Sales on the Website.
The Buyer acknowledges and agrees, by checking the provided box, that he is indicating that he has read and that he understands and agrees to be bound by these General Terms and Conditions of Sales. Therefore, it is the Buyer’s responsibility to read carefully these General Terms and Conditions of Sales before placing his order.
By confirming his order, the Buyer accepts these General Terms and Conditions of Sales which storage and copy is done according to French regulations.
These General Terms and Conditions of Sales shall apply to all Products delivered to customers in Metropolitan France (excluding Overseas Departments and Territories) and/or the European Union and/or the United States and/or Switzerland.
Article 3 – Change of the General Terms and Conditions of Sales
The Seller reserves the right to modify these General Terms and Conditions of Sales at any time without prior notification. The modifications shall apply at the time of their publication on the Website.
Nevertheless, the binding version for the Buyer is the one in force at the time of his order. The Buyer may request the Seller to supply a copy of this version to him.
Article 4 – Products
For each of the Products sold online, a description detailing its fundamental characteristics is available on the Website, in accordance with the legal provisions applicable to these General Terms and Conditions of Sales.
The Buyer commits to read carefully these characteristics before placing his order.
The photographs and videos on the Website are not contractual documents and shall not bind the Seller.
The Products comply with the existing French legislation at the time of their release, including the legislation regarding the health and safety of persons, fair trade and consumer protection.
If the order is placed from a country other than France, the Buyer shall make sure that the Products are consistent with the existing legislation in the country of destination and if they can be imported to the said country.
Article 5 – Price
The price of each Product appears in its description on the Website.
The Product’s price is the one in force on the day of the order, except any evident mistake.
The indicated prices do not include delivery charges. The delivery charges will be estimated at the time of the order validation and invoiced in addition to the initial price.
The prices are expressed in euros. If this currency is not the one used in his country of residency, the Buyer acknowledges that additional costs may be charged according to the method of payment used.
European Union Countries
The mentioned prices include all taxes, including the Value Added Tax for the European Union Countries, at the rate in force at the time of the order. Any modification of the VAT rate will apply immediately.
Countries outside the European Union
If the Buyer’s place of residency is located outside the European Union, the prices will exclude taxes. The Buyer shall be charged for eventual direct and indirect taxes applicable in the Buyer’s state of residency that are not due or collected by the Seller, along with possible custom duties. The Buyer shall contact the competent authorities to estimate these costs.
The total sum owed by the Buyer shall appear when validating the order.
Shall any discount be applicable, the Seller commits to apply it to any order placed during the time of the discount.
The Seller reserves the right to alter the prices of the Products at any time and guarantees to apply the due price at the time of the order.
Article 6 – Online order
6.1. Territory and duration
The online sale of the Products provided on the Website is restricted to consumers residing in Metropolitan France (excluding Overseas Departments and Territories) and/or the European Union and/or the United States and/or Switzerland. Likewise, the Products shall only be delivered to these geographic areas.
The online sale of the Products provided on the Website is valid, unless special terms of duration are specified, as long as the Products are displayed on the Website and within the limits of available stocks.
6.2. Conclusion of the contract
To place an order online, the Buyer shall click on the tag “Order” and shall be invited to log in, if he is not already.
The Buyer shall then provide information regarding the delivery and method of payment.
Prior to clicking on the tag “Payment”, the Buyer has the opportunity to check one more time the details of his order and its total price and also to return to previous pages to correct any eventual mistake or modify his order.
Acceptance of the offer by the Buyer is validated, in accordance with the “double-click” process, by the order-validation.
Validation of the order leads to acceptance of these General Terms and Conditions of Sales and brings the contract into force.
Once the order is validated, a web page shall appear confirming that the order has been taken into consideration.
An email acknowledging receipt of the order and its payment shall also be sent by the Seller as soon as possible, provided that the email address the Buyer indicated when he created his user account, is correct.
6.3. Modification of the order
Any modification of the order, after its validation, is subject to acceptance by the Seller.
The Seller reserves the right to modify the ordered Products in accordance with technological developments, as long as there is no price increase or alteration in the quality of the Products or characteristics which lead to the Buyer’s consent.
6.4. Order validation by the Seller
The Seller reserves the right to refuse any order for legitimate reasons, and in particular, if the amount of Products ordered is abnormally high for a consumer. An order is technically limited to 5 items.
6.5. Unavailability of the ordered Products
The Seller commits to honor online orders only within the limit of available product stock.
The unavailability of the Products shall be mentioned, as soon as possible, in the description of the Products on the Website.
However, if the Products prove to be unavailable after the order has been validated, the Buyer shall be informed as soon as possible by email.
The Seller shall propose to maintain the order and postpone the delivery of the Product, and indicate a clear delivery date.
Once the Product is available again, the Seller will deliver the product to the Buyer in priority.
If the Buyer refuses the offer, any sums paid shall be refunded within a maximum of thirty (30) days, according to the chosen method of payment.
Article 7 – Payment
7.1. Terms of payment
The price shall be due in full after confirmation of the order.
The price shall be paid online immediately after placing the order. At no point shall the paid sums be considered as a deposit or down payment.
During the ordering process, the Buyer can choose between two methods of payment:
7.2. Payment default
The Buyer ensures the Seller that he has the required permission to use the payment method he chose.
In the event of non-payment in full or in part, in particular in case of a credit card refusal, the Seller reserves the right to claim payment, suspend the delivery or cancel the order.
Article 8 – Archiving and evidence
The archiving of purchase orders and invoices is made on a reliable and durable medium and can be produced as evidence according to French legislation.
The Buyer can request all these documents to the Seller.
Article 9 – Preorders
The Product, when not available due to a stock out, can be preordered on the Website.
The Buyer has the possibility to preorder the Product with the same process described in Article 6.
The confirmation of the preorder leads the full acceptance of the Terms of Sales. An expected delivery date will be communicated to the Buyer, but shall be considered as indicative only.
Article 10 – Terms of Delivery
10.1. Shipment and delivery schedules
The delivery methods offered is Colissimo.
Delivery time and shipping fees may vary in accordance with the delivery method chosen by the Buyer and the delivery area.
During the ordering process, different delivery methods will be offered to the Buyer.
The delivery time and shipping fees shall be estimated and disclosed to the Buyer in accordance with the chosen delivery method and the delivery area.
Delivery time exclude week-ends and holidays.
The estimated delivery date shall be disclosed to the Buyer at the end of the ordering process and, in any case, before the order validation.
The Seller commits, in any case, to deliver the Products within thirty (30) working days after the order validation.
The Buyer shall be informed of the Products’ shipment by email, provided that the email address indicated by the Buyer is correct.
10.2. Delivery conditions
The Products can be delivered in Metropolitan France (excluding Overseas Departments and Territories) and/or the European Union and/or the United States, excluding any other geographical areas.
The Products shall be delivered to the address given by the Buyer during the ordering process.
Claims for a delivery error shall be addressed to the Seller by the Buyer on the delivery day or, at the latest, on the next working day.
The Seller shall respect the delivery process provided for each delivery method. If an order is returned following an incapacity to deliver due to incorrect delivery details given by the Buyer, the Seller reserves the right to charge all additional fees that re-shipping the order would require.
10.3. Delivery delay
If the Products are not delivered on time or within thirty (30) working days after validation of the order, the Buyer may rescind the contract.
Unless the delivery time was an essential term of the contract for the Buyer, he shall enjoin the Seller to deliver the Products in a reasonable additional period of time, by registered letter with an acknowledgement of receipt or any other durable medium.
The contract shall be rescinded as soon as the Seller receives the said letter, unless the product was delivered meanwhile.
The Seller shall refund any sums paid by the Buyer within fourteen (14) days following the date of rescission.
10.4. Control of the delivered products
On the delivery day, the Buyer shall make sure that the delivered products are consistent with his order, especially if the package was opened or damaged. The Buyer shall record on the delivery note any defect or abnormalities.
In case of degradation or partial loss of the Products, the Buyer shall, without fail, in the following three (3) days of the delivery, confirm/notify those abnormalities to the carrier by registered letter with an acknowledgement of receipt and notify the Seller as soon as possible.
The risk of loss or damage is transferred to the Buyer when he, or a third part designated by him other than the carrier, takes physical possession of the Products.
10.5. Unavailability of the Products
If at the time of the delivery the Products are unavailable, the Seller shall offer a Product of similar quality and price under the conditions laid down in article 6.5 of these General Terms and Conditions of Sales.
10.6. Delivery default
Total non-delivery of the Products shall automatically rescind the contract. Nevertheless, the Buyer shall retain sole responsibility if the delivery default is due to lack of or wrong delivery information.
Article 11 – Withdrawal
The Buyer can withdraw his order, without reasons, within fourteen (14) days following the of day when the Buyer, or a third party designated by him other than the carrier, takes physical possession or the ordered products.
When the order relates to a batch made up of different Products, the withdrawal period shall begin from the day the Buyer, or a third party designated by him other than the carrier, has taken delivery of the final element making up the batch.
11.1. Withdrawal notification
Before expiry of the withdrawal period, the consumer shall inform the Seller of his decision to withdraw his order on a durable medium. For this purpose, the Buyer shall use the standard withdrawal form as set out in Annex 1 or make any other clearly worded statement on a durable medium.
To respect the withdrawal delay, the Buyer shall send his communication to the Seller before expiry of the withdrawal delay.
11.2. Effects of withdrawal
If the Buyer withdraws his order, the Seller shall refund any sums paid including shipping fees up to the value of the least expensive type of standard delivery offered by the Seller and, in any case, no later than fourteen (14) days following the day he received the withdrawal request.
The Seller shall refund the sums by the same method of payment used for the initial transaction, unless otherwise agreed by both Parties. In any case, this refund shall not result in any additional cost for the Buyer.
The Seller may withhold the refund until he has received or collected the Products back or until the Buyer has supplied evidence of having sent the Products back, whichever is the earliest.
If the Buyer returns the Products, he shall only bear the direct costs.
11.3. Conditions of return
The Products shall be returned following the instructions given by the Seller in a conditioning allowing remarketing of the Products, with all the accessories delivered as well as the user manual. The Products shall be returned in their original packaging, or at the least in a packaging ensuring an equivalent protection during transportation.
The Buyer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the Products.
11.4. Exceptions from the right of withdrawal
In accordance with the legislation governing these General Terms and Conditions of Sales, the withdrawal right cannot be exerted as regards the following:
- the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
- the supply of goods made to the consumer’s specifications or clearly personalized;
- the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
- the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
- the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
- the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
Article 12 – Warranties
All products sold by the Seller are covered by the legal warranty of conformity as stipulated in articles L.211-4 to L.211-14 of the French Consumer Code and to the legal warranty of the latent defects in articles 1641 to 1649 of the French Civil Code, regardless of the commercial warranty laid down in article 11.2 of these General Terms and Conditions of Sales.
Except in cases of contrary mandatory legal dispositions, these legal warranties shall apply in lieu of any other warranty, expressed or implied, established by another legislation than the one these General Terms and Conditions of Sales are governed by.
12.1 Legal warranty
- Warranty of conformity
The Seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
To conform to the contract, the product must:
- Be suitable for the purpose usually associated with such a product and, if applicable: correspond to the description given by the Seller and have the features that the Seller presented to the buyer in the form of a sample or model; have the features that a buyer might reasonably expect it to have considering the public statements made by the Seller, the producer or his representative, including advertising and labelling;
- Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the Seller and which the latter agreed to.
Action resulting from lack of conformity lapses two years (2) after delivery of the product.
In the event of lack of conformity, the buyer shall choose between repair and replacement of the product. The Seller may nevertheless elect not to proceed in accordance with the buyer’s choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible.
If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price.
He has the same option if the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer making his claim or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use.
The sale shall not be cancelled, however, if the lack of conformity is minor.
- Warranty of latent defects
The Seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
The Seller is liable for hidden vices even though he did not know of them, unless he has stipulated that he would not be bound to any warranty.
An action resulting from redhibitory defects must be brought by the buyer within two (2) years from the discovery of the vice.
12.2. Limited warranty
The Products are sold under the limited warranty of the Seller, whose contact information appears in article 1 of these General Terms and Conditions of Sales, and are accompanied with a warranty card laying down the conditions and procedure of this warranty.
The provisions of this limited warranty are in lieu of any other warranty, whether expressed or implied, written or oral, including any warranty of merchantability or fitness for a particular purpose, with the exception of the legal warranties as laid down in article 11.1 of these General Terms and Conditions of Sales.
This commercial warranty is provided by the Seller free of charge.
It only applies to the initial Buyer or the person receiving the Products as a gift and shall not be extended to any other person or transferee.
Furthermore, this limited warranty is void if the label bearing the serial number has been removed or impaired.
The Seller warranties the Products against defects in materials and manufacturing for a period of twelve (12) months (24 inside the European Union), provided that the Products are delivered in new condition, in original packaging, by a recognized Prizm retailer, and used in normal conditions.
The warranty starts the day of the purchase by the original buyer. It is recommended that the Buyer keeps an evidence of the purchase to make it easier for UBITHINGS to handle any claim regarding this limited warranty.
Without proof of purchase, the date of manufacture, as registered by UBITHINGS, will be used to determinate the start of the warranty.
During the warranty period, UBITHINGS shall repair or replace any defective parts within a reasonable period of time.
This limited warranty shall not cover:
- Defects resulting from the non-compliance with the user manual, an improper or unreasonable use, unauthorized alteration or modification of original condition, accident, lightening, excess moisture, insects, power surges, connection to improper voltage supply, damaged caused by inadequate packing or shipping procedures;
- Aesthetic damages resulting from normal wear, in particular scratches, notches or broken parts;
- Loss of use;
- Loss of income or potential earnings;
- Loss, deterioration or alteration of data;
- Damages caused by use with non-Prizm products;
- Products purchased from unauthorized retailers;
- Modification or adaptation of the Product to enable it to operate in any country other than the country for which it was designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications.
Shipping fees, insurance or transportation charges to the Seller or any import fees, duties and taxes shall not be covered by this warranty.
THE SELLER MAXIMUM LIABILITY SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID FOR THE PRODUCT.
In no event shall the Seller be liable for loss of, damage to or corruption of stored data, or for special, incidental, consequential, or indirect damages howsoever caused including without limitation the replacement of equipment and property, and any costs of recovering, programming or reproducing any program or data stored in or used with your PRIZM product or used with it.
13.1. Exemption from liability
The Seller’s liability may not be evoked in case of non-performance or improper performance of the Contract induced by whether action of the Buyer (especially in the placement of his order), or unforeseeable and insurmountable fact of a third party to the contract or to a force majeure event as laid down in article 13 of these General Terms and Conditions of Sales.
13.2. Warranty coverage
IN ANY CASE, AND IN THE ABSENCE OF CONTRARY MANDATORY LEGAL DISPOSITIONS, THE SELLER’S LIABILITY SHALL ONLY BE ENGAGED FOR DIRECT AND FORESEEABLE DAMAGES ARISING FROM THE NON-PERFORMANCE OF THE CONTRACTUAL OBLIGATIONS.
INDIRECT DAMAGES AND/OR CONSEQUENTIAL DAMAGES, ACCESSORIES, SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF TURNOVER), FORESEEABLE OR UNFORESEEABLE, AND EVEN IF THE PARTIES WERE NOTIFIED OF SUCH POSSIBLE DAMAGES, SHALL NOT GIVE RIGHT TO AN INDEMNITY.
THE SELLER MAY BE HELD LIABLE ONLY FOR A DEMONSTRATED PREJUDICE, EXCLUDING ANY PUNITIVE DAMAGES OR EQUIVALENT, FOR ANY LEGAL REASON WHATSOEVER THAT SHALL BE AVAILABLE.
CORPORAL DAMAGES AND DAMAGES RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT FROM THE SELLER OR NON-EXECUTION OF ITS CONTRACTUAL OBLIGATIONS, SHALL NOT BE AFFECTED BY THIS LIMITATION OF EXEMPTION FROM LIABILITY.
THE LIMITATION OR EXEMPTION FROM LIABILITY SET OUT ABOVE SHALL NOT BE APPLICABLE TO BUYERS RESIDING IN A STATE WHERE THEY ARE PROHIBITED BY MANDATORY LEGAL DISPOSITIONS.
Article 14 – Force majeure
Force majeure is defined as an unforeseeable, unexpected event outside the Parties control.
Are explicitly considered as force majeure, in addition to those usually retained by the decisions of French courts: supply difficulties, communications and transports disruptions and blockage, strikes, fires, floods, storm and earthquakes.
Upon the occurrence of an event of Force Majeure, the obligations of both Parties will be suspended during the said event. The Parties shall resume their obligations when the event of Force Majeure has disappeared.
Article 15 – Provisions autonomy
If one or several provisions of these General Terms and Conditions of Sales are declared void pursuant to a law, rule or following a final decision of a competent court, other provisions shall remain in full force and scope.
Article 16 – Headings
In the event of a difficulty in interpretation arising in respect of any of the headings above the clauses or any of the clauses to which it refers, the heading will be declared void.
Article 17 – Miscellaneous
No waiver of any term of these General Terms and Condition of Sales shall be deemed a further or continuing waiver of such term or any other term.
Article 18 – Language
In the event of these General Terms and Condition of Sales being translated in another language, the French version shall prevail if any interpretation difficulties arise.
Article 19 – Applicable law
These General Terms and Conditions of Sales shall be governed by French law, in the absence of contrary mandatory provisions.
Article 20 – Dispute Settlements
20.1 Claims and customer service
Any claim shall be addressed to UBITHINGS’ Customer Service [email protected]
If the Customer Service fails to treat the claim or in the absence of answer from the Customer service within two (2) months, the Buyer may refer the dispute regarding his order or these General Terms and Conditions of Sales to the European Consumers Centers by filing the form available at: http://www.europe-consommateurs.eu/en/consumer-topics/enforcing-your-rights/alternative-dispute-resolution/ , or resort to any other alternative dispute resolution in agreement with the Seller.
The mediator shall attempt, in an independent and impartial manner, to bring both parties together with a view to finding an amicable settlement to the dispute.
Both parties remain free to accept or refuse mediation and, in the event of a mediation, the solution proposed by the mediator.
20.3. Territorial competence
In the absence of any mandatory legal dispositions, jurisdictional authority is expressly attributed to French courts for any dispute or all kinds of contesting relative to the forming, interpretation, execution or ending of these Terms and Conditions of Sales, notwithstanding a plurality of respondents, or a guarantee appeal even for urgent proceedings, provisional proceedings, interlocutory proceedings, on-demands proceedings.
Withdrawal form (complete and return this form only if you wish to withdraw from the contract)
To : UBITHINGS 12 rue Chabanais – 75002 Paris – FRANCE [e-mail: [email protected]]:
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) sale contract of the following goods:
Ordered on (*)/received on (*):
Consumer(s) signature (only if this form is notified in writing):
(*) Delete as appropriate.
Address this mail in a registered letter with an acknowledgement of receipt.
Conditions of Use
These General Terms and Conditions of Use determine the rights and obligations of the parties for the use of the website www.meetprizm.com (hereafter “the Website”).
You acknowledge and agree, that by accessing or using this site, you are indicating that you have read and that you understand and agree to be bound by these General Terms and Conditions of Use. If you do not agree to these terms, then you shall not access or continue to use the Website.
Article 1 – Legal notice
The Website www.meetprizm.com is the property of UBITHINGS. A French simplified joint stock company (SAS) with a registered capital of 7.520€.
Head office : 12 rue chabanais – 75002 Paris, FRANCE.
UBITHINGS is registered at the Paris Trade and Companies Register under the number 803 160 629.
Intra-Community VAT Identification Number: FR 86 803160 639
Publishing director: Arthur EBERHARDT – CTO
Host: OVH, a French simplified joint stock company (SAS) with a registered capital of 10.059.500€, and registered at the Lille Trade and Companies Register under the number 424 761 419 – 2, rue Kellermann BP 80157 – 59053 ROUBAIX Cedex 1 FRANCE
Tel: +33 (0)8 203 203 63 – Email: [email protected]
UBITHINGS can be contacted by mail at its head office address, at the following phone number +33 (0)1 44 82 56 46 and by email at: [email protected]
Article 2 – Contractual definitions
In these General Terms and Conditions of Use, the following words and expressions shall have the meanings set forth below:
- Website: shall refer to the Website www.meetprizm.com;
- User: shall refer to any person using the Website;
- Terminal: shall refer to any device used by the User to access the Website,
- Products: shall refer to the products manufactured by UBITHINGS;
- Services: shall refer to the services provided by the Website as laid down in article 5;
- User account: shall refer to the User’s personal account that can be accessed by signing up on the Website and that will give him access to the Services;
- Streaming account: shall refer to the User’s account on any music streaming service compatible with PRIZM.
Article 3 – General Terms and Conditions of Use’s purpose
These General Terms and Conditions of Use govern the Website’s use and shall apply and take precedence over any other terms and conditions.
UBITHINGS reserves the right to unilaterally modify these General Terms and Conditions of Use at any time without prior notice.
The modifications shall apply, and therefore be enforceable, at the time of their publication on the Website.
The User shall check regularly for any modification in these General Terms and Conditions of Use and peruse the updated version.
Article 4 – Access to the Website
Access to the Website and use of the Services are restricted to natural persons, and individuals representing legal entities, over 18 that have the legal capacity to fully abide by the obligations contained in these General Terms and Conditions of Use. Natural persons under 18 and/or persons who do not have the legal capacity to contract shall seek the consent of their legal representatives.
UBITHINGS reserves the right to verify the User’s age by requesting documentary proof, in particular for the use of online payment services.
To access specific services on the Website, the User shall create a User Account allowing him to access a personal space with a username and a password.
To create a User Account, the User shall have to fill in the website’s registration form.
The mandatory or facultative nature of the information shall be indicated. If the User does not fill in the mandatory information, the User Account shall not be created and the User shall not access all the Services offered by the Website.
Furthermore, the User ensures that he gives accurate, honest and timely information. The User commits to update the information regularly through his personal space.
The User shall only have one User Account and shall be held liable of all actions performed using the said User Account. The User is responsible for the confidentiality of his username and password.
However, if the User knows a third party is using his username and password without consent, he shall report it to UBITHINGS as soon as possible using the contact information as laid down in article 1.
Article 5 – Website’s services
The Website’s main purposes are to:
- Display UBITHINGS’ Products and Services;
- Sell the said Products and Services online in accordance with the General Terms and Conditions of Sales.
The Services referred to above are of an indicative nature and UBITHINGS reserves the right to modify and/or delete and/or offer any other services considered appropriate, which the user fully accepts.
Article 6 – User’s obligations
UBITHINGS shall not be held liable for contents of any nature (especially information, texts, comments, photographs, drawings, videos, sounds or music) published, disseminated or transmitted by the User on the Website by any means whatsoever.
The User commits thereby not to publish, diffuse or transmit contents that:
- Would infringe the rights of a third party and in particular a third party’s intellectual property rights;
- Would infringe the right of privacy, the rights attached to the image or the reputation of a third party;
- Could qualify as pornography, obscene, racist, xenophobic or discriminatory;
- Would affect a computer system or database owned by a third party (such as computer virus or computer worm);
- Would in a general manner infringe any laws and regulations in force or public order.The User commits not to use the Website, along with any data or information appearing on the Website, for commercial, political or advertising purposes or for any form of solicitation and in particular for the purpose of sending unsolicited emails.
The User shall not engage in a behavior that may affect the proper operation of the Website and Services including, but not limited to, actions that may impose an unreasonable or disproportionately large load on the Website’s infrastructures, any unauthorized access and fraudulent maintenance in UBITHINGS’ information system and any modification of the data and information in it.
The User commits to abide by the laws and regulations in force and not to infringe a third party’s rights.
If the User does not comply with these General Terms and Conditions of Use, use the Website in an illicit manner or infringe any laws or regulations in force, UBITHINGS shall reserves the right to restrict, suspend or close, without prior notice, the User’s access to all or any part of the Services.
UBITHINGS reserves the right to take any other appropriate measures or to engage in judicial proceedings.
Article 7 – User’s Guarantee
If UBITHINGS were to be engaged in a mutual agreement or judicial proceeding based on the General Terms and Conditions of Use’s infringement, an illicit use of the Website, or more generally, a violation of the laws and regulations in force by the User, UBITHINGS shall held the User liable and seek compensation for all damages, sums, condemnations and charges that may result of such proceedings.
Article 8 – Liability
8.1. Website’s Functioning
UBITHINGS is only bound by best efforts obligation for the performance of these General Terms and Conditions of Use.
UBITHINGS strives to ensure that the Website can be accessed 7 days a week and 24 hours a day, but is not bound by any obligation to achieve this. Therefore, UBITHINGS may not be held liable for the impossibility to access the Website and the Services, fully or partially, an unusual time of response, any abnormality, error, bug or technical malfunction, regarding the Website or the Services arising from a Force Majeure event beyond UBITHINGS’ control, in particular in view of the inherent characteristics of the Internet network, which is acknowledged and accepted by the User.
For the same reasons, UBITHINGS shall not be held liable for any form of hacking, data loss or any damages arising from a third party’s actions. It is the User’s responsibility to protect his Terminal or technical facilities and to back up his data and information.
Access to the Website may therefore be interrupted, at any time and without prior notice or compensation, in particular for maintenance or updating purposes.
UBITHINGS does not ensure the Website’s compatibility with a specific setting or equipment, which the User acknowledges and accepts. UBITHINGS shall not be held liable for any damages, including damages to the Terminal used, resulting of an improper use of the Website by the User.
8.2. Information / Documents liability
Information and/or documents available on the Website originate from sources considered reliable. However, these information and/or documents may contain technical inaccuracies and typing errors.
UBITHINGS reserves the right to correct them if those errors are brought to its knowledge. It is strongly recommended to verify the accuracy or relevance of the information and/or documents on the Website.
The information and/or documents available on the Website may be modified at any time, and might have been updated. By downloading information and/or documents on the Website, the User indicates having the knowledge that the downloaded information and/or documents might have been updated between the time of their download and the time the User accesses his local copy.
The User is sole responsible for the use made of the information and/or documents available on the Website and bear the consequences that may arise from it. UBITHINGS may not be held liable for any of those consequences.
UBITHINGS shall not be held liable for any damages arising from the interpretation or use of the information and/or documents available on the Website.
IN ANY CASE, UBITHINGS’ LIABILITY SHALL ONLY BE ENGAGED FOR DIRECT AND FORESEEABLE DAMAGES ARISING FROM THE NON-PERFORMANCE OF ITS OBLIGATIONS.
INDIRECT DAMAGES AND/OR CONSEQUENTIAL DAMAGES, FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF TURNOVER), SHALL NOT GIVE RIGHT TO AN INDEMNITY.
UBITHINGS MAY ONLY BE HELD LIABLE FOR A DEMONSTRATED PREJUDICE, EXCLUDING ANY PUNITIVE DAMAGES OR EQUIVALENT, FOR ANY LEGAL REASON THAT SHALL BE AVAILABLE.
CORPORAL DAMAGES AND DAMAGES RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT FROM UBITHINGS SHALL NOT BE AFFECTED BY THIS LIMITATION OR EXEMPTION FROM LIABILITY.
Article 9 – Intellectual Property Rights
UBITHINGS shall respect any third party’s intellectual property rights. However, if you, in good faith, believe that elements from the Website infringe your intellectual property rights, you can contact us by using the contact information as laid down in article 1 of these General Terms and Conditions of Use.
The Website’s architecture, as well as the texts, graphics, images, icons, sounds, videos, softwares, databases it contains are the exclusive property of UBITHINGS.
Any decompilation, extraction, representation, replication, modification, adaptation, publication or operation, partly or wholly of the Website or any part of the Website, contents or Services, by any process and on any medium whatsoever, without prior expressed consent of UBITHINGS in writing is strictly prohibited in accordance with the intellectual property legislation in force.
Access to the Website confers no right and, in particular no intellectual property right, on the Website or any of its parts, which are the exclusive property of UBITHINGS, its rightful claimants or partners.
Violation of these provisions may be the subject of any appropriate legal action and in particular an action for infringement.
PRIZM is registered trademark and is UBITHINGS’, and its rightful claimants, exclusive property (trademark registered to the French National Institute of Intellectual Property under the numbers 4111126 and 12948724).
Any other trademark, registered or not, company name, logos and domain names displayed on the website are protected.
Any reproduction, use, apposition or operation, partly or wholly, in any form or on any medium whatsoever, of the trademark (name, logo, or any other distinctive sign), along with other trademarks, company names, logos or domain name displayed on the Website, without UBITHINGS’ expressed prior consent in writing is strictly prohibited, in accordance with the intellectual property legislation in force.
Article 10 – Personal Data
Article 11 – Hyperlinks
The implementation of hyperlinks of any type to the Website or any part of the Website, is strictly prohibited, except with prior written consent of UBITHINGS. This consent shall be solicited by email to the contact information as mentioned here above.
UBITHINGS may refuse to give its consent without any reason needed. Even if UBITHINGS gives its consent, it is only temporarily and may be withdrawn at any time without any reason needed.
In any case, any hyperlink shall be deleted if requested by UBITHINGS.
The Website may contain hyperlinks to other websites, internet pages or mobile application which content is not controlled by UBITHINGS.
UBITHINGS shall not be, in any case, held liable for the content, advertisements, products or services available on those internet pages, websites or mobile applications.
Article 12 – Photographs and products’ representation
UBITHINGS is not contractually bound by the Products’ photographs accompanying their description which are of an indicative nature only.
Article 13 – Termination
These General Terms and Conditions of Use are concluded for a fixed period.
The User can unsubscribe at any time by:
- Sending UBITHING a request using the contact information as laid down in article 1 of these General Terms and Conditions of Use. The unsubscribing shall be effective in a 15 days’ delay after UBITHINGS has received the request.
- Deleting his User account using his personal space. The unsubscribing shall be effective immediately.
This process shall delete the User Account and the associated data permanently.
Article 14 – Provisions autonomy
If one or several provisions of these General Terms and Conditions of Use are declared void pursuant to a law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
Article 15 – Headings
In the event of a difficulty in interpretation arising in respect of any of the headings above the clauses or any of the clauses to which it refers, the heading will be declared void.
Article 16 – Miscellaneous
No waiver of any term of these General Terms and Condition of Use shall be deemed a further or continuing waiver of such term or any other term.
The data collected and recorded in UBITHINGS’ computer system shall be considered by all parties as evidence of the communications between them and User’s use of the Website and Services.
Article 17 – Language
In the event of these General Terms and Condition of Use being translated in another language, the French version shall prevail if any interpretation difficulties arise.
Article 18 – Governing law
These General Terms and Conditions of Use shall be governed by French law, in the absence of contrary mandatory provisions.
Article 19 – Dispute settlements and jurisdiction
Any claim or dispute regarding these General Terms and Condition of Use shall be subject to negotiations in order to reach an amicable settlement.
In the absence of any mandatory legal dispositions, jurisdictional authority is expressly attributed to French courts for any dispute or all kinds of contesting relative to the forming, interpretation, execution or ending of these Terms and Conditions of Use, notwithstanding a plurality of respondents, or a guarantee appeal even for urgent proceedings, provisional proceedings, interlocutory proceedings or on-demands proceedings.