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General Terms and Conditions of sale

The purpose of these General Conditions of Sale (referred to as the “GCS”) is to govern all contractual relations between Domosystem, an SAS with a capital of EUR 160,000, registered with the RCS Paris B 388 885 246 (intra-Community VAT identification number: FR84388885246), whose registered office is located at 5 rue Le Brun, 75013 Paris, represented by Mr. Le Doujet (referred to as “Domosystem”), and any Customer (referred to as the “Customer”) wishing to purchase the products distributed by Domosystem, in particular via its website domosystem.fr.

1. Scope


1.1. Customers concerned

The GCS are intended for consumers who are private persons and professionals. In all cases, the sale must be concluded by a person having the legal capacity to enter into contracts governed by French law. Customers not meeting these conditions undertake not to make any purchases from Domosystem.

1.2. Products concerned

The GCS refer to the sale of measuring instruments (referred to as the "Product") supplied or distributed by Domosystem which, depending on the functions selected by the Customer, are used to measure: comfort parameters, such as relative humidity, air temperature, and carbon dioxide, dew point temperature, surface and core moisture content of materials and matters, humidity and temperature of plants to optimize biomass management.
As Domosystem is able to obtain supplies from various suppliers or to manufacture its Products itself, Customers are advised that the photographs displayed on the domosystem.fr site have no contractual value and the Product descriptions are subject to modification.

1.3. Priority of the GCS

Any order placed by a Customer constitutes the Customer’s overall and unconditional acceptance of Domosystem’s offer and of the GCS. It is expressly agreed between the parties that the GCS prevail over any general conditions of purchase which may be asserted by the Customer, except as otherwise expressly and formally accepted by Domosystem.

2. Payments


2.1. Payment

Payments are made upon ordering by bank card (secure payment), wire transfer, bank cheque or postal cheque, in accordance with the conditions defined hereafter:

- Payment by bank card: all data entered which relate to the bank card’s identification to be able to make payment are encrypted immediately via the secure on-line payment service provided by Banque Populaire, which is the exclusive recipient of the data (Domosystem or its employees do not at any time have access to this information).

- Payment by wire transfer: payment made at the Customer’s expense on the basis of the applicable rates of the Customer’s banks; Domosystem’s bank account particulars are indicated in the confirmation e-mail sent to the Customer after the final validation of the order.

- Payment by bank or postal cheque: payment made by cheque made out to Domosystem SAS, dated, signed and duly completed by the Customer with the amount of the order. The payment, accompanied by a copy of the confirmation e mail, is sent by ordinary mail at the Customer’s exclusive expense to the following address: Domosystem 5 rue Le Brun 75013 Paris.

- Payment by administrative payment order: send your order form bearing the stamp of the public paying agency to the following address: Domosystem 5 rue Le Brun 75013 Paris.


2.2. Invoicing

An invoice will be enclosed with the Customer’s package or sent to the Customer separately within 30 days of receipt of payment.
The Customer keeps the invoice; the invoice is the Customer’s guarantee.
Unless otherwise indicated, the customer is deemed to have opted to receive the invoice by e mail at the e mail address indicated in his customer account.

2.3. Sanctions for non-payment

Late payment penalties are payable from the day following the payment date indicated in the invoice when the amounts due are paid after that date. The rate of the late payment interest corresponds to three times the legal interest rate applied to the amount, including all taxes, of the unpaid invoice.
In addition to the late payment penalties, a lump sum is automatically payable to cover liquidation costs. The amount of this sum is 40 Euros per invoice (Order n°2012-1115, 2nd October 2012)
Both penalties and lump sum are payable without any reminder being necessary.
If at the time of a previous order the Customer failed to perform one of his obligations in breach of the GCS (for example, non-payment or late payment), Domosystem will be entitled to demand, in the five days following the receipt of the order, that the Customer provide satisfactory guarantees or make a cash payment as a prior condition to the sale. No rebate for a cash or early payment is granted and no discount for an early payment is granted.

2.4. Prices

The prices of the measuring instruments are expressed in euros and are indicated as excluding taxes (HT).
The prices indicated do not include the shipment or delivery expenses, particularly the cost of the transport, defined in Article 3.6.
The applicable price lists are available upon request sent to Domosystem, 5 rue Le Brun 75013 Paris and are subject to modification during the year. They contain particular conditions depending on the status of the Customers (Private Persons, Professionals, Professional Resellers, Professional Distributors) and describe the method of calculating the prices and of any reductions, rebates or discounts.

3. Delivery conditions


3.1. Delivery times

The Customer’s order is delivered by Chronopost or DPD in the time indicated on the order summary sent to the Customer.
The usual delivery time is a maximum of 6 days for all destinations, except for products available to order, where the usual delivery time is four weeks. These delivery times are not a firm commitment and do not include weekends and public holidays.
The delivery time starts on the day following Domosystem’s receipt of payment and any of its guarantees as provided in Article 2.3, subject to their acceptance.
For a payment by administrative payment order, the delivery time starts from Domosystem’s receipt of the order form bearing the stamp of the public agency.
The Customer is informed that delivery times may vary depending on the stock of products available on the day of ordering. For an order for products with different delivery times, the entire order will be delivered on the basis of the latest delivery date.

3.2. Suspension of deliveries

Domosystem reserves the right to suspend making one or more deliveries to a professional Customer if such Customer has failed to pay sums of money still owed for any of its orders. In this case, Domosystem undertakes to inform the Customer by any and all means.

3.3. Failure to respect the delivery times

If the delivery has still not been made more than fifteen (15) days after the agreed date delivery and if this situation is due to force majeure, the Customer may give notice of termination of the sales contract by means of the contact form under the heading "Contact" on the domosystem.fr site, or by e-mail sent to the address commercial@domosystem.fr. The sale will then be deemed to have been cancelled, unless the shipment was made before this e-mail was received. In a case of termination for failure to respect the delivery date, the Customer is refunded the amount of his order within eight (8) days following receipt of his e mail.

3.4. Receipt

The number of packages and the condition of the goods must be checked upon receipt.
If there is any damage, precise and clear reservations must be made by the Customer at the time of receipt. These reservations must be confirmed by registered letter by the Customer to the Transport-Delivery company (with a copy to Domosystem) in the three (3) days following the delivery.

3.5. Complaints

More generally, any complaint must be made by registered letter in the eight (8) days following receipt of the shipment, otherwise the Customer forfeits his rights.
If the Customer refuses the goods on delivery for reasons not attributable to Domosystem, the Customer will have to pay the transport costs.

3.6. Cost of deliveries

The net prices are provided to the Customer with his order summary.
The Customer is informed of the delivery costs before he validates his order.
The delivery costs are calculated by the following method:

- Metropolitan France
Orders via the www.domosystem.fr site: flat rate cost of EUR 12 excl. tax (VAT at 19.6% in addition)
Orders by fax or correspondence: flat rate cost of EUR 22 excl. tax (VAT at 19.6% in addition)

- Outside Metropolitan France
The exact amount is calculated automatically depending on the content of your order and the delivery address.

3.7. Ordering outside France

For any order or Product coming from another country than Metropolitan France, the Customer is deemed to be the importer (or intra-Community acquirer) of the Product(s) concerned. The Customer will then have sole responsibility for paying the customs duties, local taxes, importation duties or State taxes which may be payable. In this respect, the Customer must contact the local authorities of his residence to obtain information about the entry conditions of the Products ordered and undertakes to make any corresponding declaration and/or payments to the competent agencies of the country concerned. The Customer also undertakes to check with the local authorities whether he is able to import or use the products or services he is contemplating having ordered. The Customer undertakes to ascertain that the manufacturer’s own specific technical characteristics are in compliance with the legislation of the country concerned.
Domosystem may not be held liable for any infringement of the legislation of the country into which the Customer has introduced the Products.
In particular, if the Customer has deliveries made to him other than on French territory, he is required to pay to the authorities of this territory any taxes, fees or remunerations (in particular in conformance with private copy right or more broadly with intellectual property rights). The Customer must therefore enquire as to whether the product he has ordered will be liable for any tax, fee or remuneration, its amount and the method of declaring and paying it to the authorities designated by the laws of his place of delivery.

4. Product warranty


4.1. Contractual warranty

All Domosystem’s measuring instruments are covered by a minimum one-year warranty for parts and labour from the date the invoice is issued. The warranty does not cover the normal wear of a Product (ex: batteries, cartouches or refills, lamps, accumulators, etc.). This contractual warranty is limited to the repair or replacement of the part recognised as being defective by Domosystem, excluding any damages for any cause whatsoever.
To be able to benefit from the warranty, the Customer is invited to contact the Domosystem After-Sales Service (Art .5 GCS).


4.2. Legal warranty against non-conformities

In accordance with Articles L211-4 to L211-11 of the Consumer Code, a non-professional Customer benefits from a warranty against non-conformities of the products purchased on the domosystem.fr site.
For the item to be in conformity with the Customer’s order, it must actually correspond to the description given on the site and possess the qualities presented or the qualities which a purchaser can legitimately expect in view of the public statements made by the seller, the producer or its representative, particularly in advertisements or the labelling. In this case the Customer is invited to describe the defects observed in writing and to return the Product(s) to Domosystem which, according to the applicable law, will exchange, repair or reimburse the Product (in accordance with Article L211-11 of the Consumer Code, the costs of the return will be refunded to the Customer upon presentation of invoices, after the Product has been returned if the non-conformity is confirmed).

5. After-Sales Service


Domosystem’s After-Sales Service can be reached:
- by telephone: +33(0) 1.45.87.22.99 (price of an ordinary call, from Mondays to Thursdays, from 9.00 am to 12.30 pm and from 1.30 pm to 6.00 pm, on Fridays from 9.00 am to 12.30 pm and from 1.30 pm to 4.00 pm – GMT+1);
- by e-mail to the address customercare@domosystem.fr or by using the link for this purpose indicated on the domosystem.fr site.

6. Retraction period


Pursuant to Article L121-20 of the Consumer Code, if the Product sold by distance selling was purchased for non-professional purposes by a Customer who is a consumer, the Customer has a legal retraction period of seven (7) working days from receiving his order.

To exercise his right to retract, the Customer is invited to contact Domosystem before the end of the legal time period:
- by telephone: +33(0) 1.45.87.22.99 (price of an ordinary call, from Mondays to Thursdays, from 9.00 am to 12.30 pm and from 1.30 pm to 6.00 pm, on Fridays from 9.00 am to 12.30 pm and from 1.30 pm to 4.00 pm– GMT+1));
- by e-mail sent to commercial@domosystem.fr.

The Product will have to be returned immediately to Domosystem (5 rue Le Brun 75013 Paris) in perfect condition, in its original packaging and accompanied by all accessories and instruction leaflets and the invoice. Domosystem will not accept any return by carriage forward, any returns of incomplete Products or any Products returned without the invoice. Upon receipt of the above and after technical verification of the Product by the After-Sales Service (all returned products have to be tested), Domosystem undertakes to refund the Customer the purchase and delivery costs of the Product (excluding the return costs which are to be borne exclusively by the Customer).

7. Title retention


It is expressly agreed that the Product remains Domosystem’s property until full payment of its price in principal and interest. If the Customer fails to make payment on the due payment date, as in the case of judicial recovery or liquidation of assets, Domosystem’s decision to assert this title retention clause will be validly notified to the Customer by registered letter with acknowledgment of receipt. The goods concerned will have to be returned to Domosystem at the Customer’s expense immediately following this notification; it is understood that the Customer will assume the risks of loss, theft and deterioration of the product as from the delivery.

8. Intellectual property


Humitest®, Domosec® and Domosystem® are registered trademarks of Domosystem and may not be used without Domosystem’s prior written authorization; the purchase of a Product does not confer any right on the Customer in such trademarks.

9. Disclaimer


Domosystem may not be held liable for any non-performance of its obligations under these general conditions of sale caused by events outside of Domosystem’s control and/or resulting from a force majeure event recognized as such by the French Courts and Tribunals.

Domosystem may not be held liable for material or intangible damage resulting directly or indirectly from (i) a wrong use of the Product, (ii) its user’s lack of experience, (iii) the incorrect maintenance of the Product or (iv) a failure of the Product which occurred after the end of the warranty period.

In all cases Domosystem’s liability may not be incurred for the intangible damage resulting indirectly from the order or the use of the Product by the Customer or third parties.

10. Waste professional electrical and electronic equipment


In accordance with the provisions of the decree No. 2005-829 of July 20, 2005, Domosystem draws the attention of its Professional Customers to the fact that the purchase of professional electrical and electronic equipment places obligations on the user to organize and finance the removal and treatment of the waste. The Customer must therefore organize its collection and treatment in compliance with the conditions defined in Article 21 of the decree and particularly guarantee the transmission of this information to all successive users of such equipment. The law has accompanied this obligation with a criminal fine in Article 25.

Domosystem draws the attention of its consumer Customers to the fact that they are not allowed to throw away any used Products or Products which they no longer wish to keep with the unsorted household waste. The decree No. 2005-829 of July 20, 2005 requires consumers to use the selective collection system made available to them to allow the recycling and/or disposal of the Products. Consequently, it is possible to opt between the different neighbourhood collection systems, such as municipal collections, waste collection centres, other channels of the social economy.

11. Modifications


Domosystem may modify these general conditions of sale at any time; we therefore invite Customers to always read them carefully before making any purchase.

12. Interpretation


If one or more stipulations of the GCS were declared to be invalid under any law or regulation or following a final decision of a competent court, the other stipulations will remain in full force and effect, provided that the GCS are not distorted and it does not result in a significant inequality in the obligations to be borne by the parties.
A party’s failure to assert a breach by the other party of any one of the provisions of the GCS may not be construed as a waiver by such party of asserting any such subsequent breach.

13. Governing law and jurisdiction


All the stipulations of these general conditions of sale are governed by French law. If no amicable agreement can be reached between the parties, any dispute which might arise between them as to their formation, performance or interpretation will be submitted to the exclusive jurisdiction of the Paris courts.



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