Article 1 - Preamble

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These General Terms and Conditions of Sale (GTC) apply to all sales concluded between the company SQUIDDY and its customers. The company SQUIDDY is a French company specializing in the online sale of connected objects. The products offered on the website www.squiddy.fr are intended for private or professional use. The customer declares that they have read and accepted these General Terms and Conditions of Sale and the return and refund conditions without reservation.

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Any other document than these general terms and conditions of sale and return and refund conditions, including catalogs, brochures, advertisements, and notices, has only informative and indicative value, and is not contractual.

These general terms and conditions of sale and return and refund conditions are communicated to any customer who requests them, to enable them to place an order with SQUIDDY, as well as to any distributor before the conclusion of a single agreement referred to in Article L. 441-7 of the Commercial Code, within the legal deadlines.

SQUIDDY reserves the right to deviate from certain clauses of these terms and conditions, depending on the negotiations conducted with the customer, by establishing specific sales conditions.

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These general terms and conditions of sale and return and refund conditions are applicable from 01/11/2018.

 

Article 2 - Products

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The products offered for sale on the website www.squiddshop.com/shop are described with the greatest possible accuracy. However, the company SQUIDDY cannot be held responsible for differences in color or material between the product photo presented on the website and the delivered product.

The products offered for sale on the website www.squiddy.fr are those listed on the website on the day of the order. SQUIDDY reserves the right to modify its product catalog at any time. The photographs of the products presented on the website are not contractual.

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Article 3 - Prices

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The prices of the products are indicated in euros, all taxes included and excluding delivery costs. The delivery costs are indicated on the website at the time of the order. SQUIDDY reserves the right to modify its prices at any time, but the products will be invoiced based on the rates in effect at the time of the order validation.

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Article 4 - Orders

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The customer can place an order on the website www.squiddshop.com/shop 24 hours a day, 7 days a week. The company SQUIDDY reserves the right to refuse any order for legitimate reasons, especially in case of dispute with the customer or non-payment of a previous order. The order is placed on the website www.squiddshop.com/shop.

It is considered firm and final upon validation of payment by the customer. The order can only be canceled in cases provided by law.

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Any sale is only perfect upon the express and written acceptance of the order by SQUIDDY. By this order, it is understood any order for our products or services listed in our prices, and accepted by SQUIDDY, accompanied by the payment of the deposit, if any, provided on the order form.

The order must be confirmed by SQUIDDY in writing, including by fax or email. Upon receipt, it becomes irrevocable.

 

Article 5 - Payment

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The payment of orders is made online by credit card (via Stripe) or PayPal. Online payments are secure thanks to a data encryption system, secured by an SSL protocol. The company SQUIDDY does not retain any banking data of its customers.

In case of payment refusal by the banking institution, the order is automatically canceled.

The validation of full payment of the order will serve as confirmation of said order with the customer.

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Article 6 - Delivery

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The company SQUIDDY undertakes to ship the ordered products as quickly as possible. The delivery times indicated on the website www.squiddshop.com/shop are given for information purposes only. The company SQUIDDY cannot be held responsible for delivery delays attributable to the carrier. The customer is required to check the condition of the package and the products upon receipt of the order and to report any anomaly within 48 hours following receipt.

Any possible delays do not give the customer the right to cancel the sale, refuse the merchandise, or claim damages and interest. The products travel at the customer's own risk.

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In case of damage to delivered goods or missing items, the customer must make all necessary reservations with the carrier.

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Any product that has not been subject to reservations by registered letter with acknowledgment of receipt within three (3) days of its receipt by the carrier, in accordance with Article L. 133-3 of the Commercial Code, and of which a copy will be simultaneously sent to SQUIDDY, will be considered accepted by the customer.

In case of full non-payment of an invoice due, after a notice remaining ineffective for 48 hours, SQUIDDY reserves the right to suspend any current and/or future deliveries.

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Article 7 - Right of Withdrawal

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The customer has a period of fourteen (14) days from the receipt of the products to exercise their right of withdrawal without having to justify reasons or pay penalties. The product must be returned in its original packaging, in perfect condition, and accompanied by all accessories if any. The return costs are borne by the customer.

The countdown of the fourteen (14) day period begins on the day following the conclusion of the contract or the delivery of the goods. If this period expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day: meaning all days of the week except the weekly rest day (usually Sunday) and the usual non-working public holidays in the company following.

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Article 8 - Warranty

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The products sold by the company SQUIDDY benefit from the legal guarantee of conformity and the guarantee against hidden defects provided for in Articles L. 211-4 and following and Articles 1641 and following of the Civil Code.

The warranty is void in the following case: total or partial disassembly of the item and/or repair of it during the warranty period by a party other than SQUIDDY.

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The products are delivered with a contractual warranty of two years, on all our products, from the date of delivery, subject to the use of the goods under normal conditions of use.

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This warranty covers non-compliance of the products with the order and any hidden defect resulting from a defect in material, design, or manufacture affecting the delivered products and making them unsuitable for use.

In these conditions, SQUIDDY will replace, repair, or refund the products or parts under warranty.

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The products must be checked by the customer upon delivery, and any claim, reservation, or dispute regarding missing items and apparent defects must be made under the conditions set out in the above articles. In case of apparent defects, defective parts will be replaced by SQUIDDY, subject to verification of the alleged defects. The customer must provide any justification for the reality of the defects observed, and SQUIDDY reserves the right to carry out, directly or indirectly, any investigation and verification on-site.

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The denunciation of existing defects at the time of delivery, and revealed after receipt of the products, must be made by the customer by postal mail to the registered office of SQUIDDY within ten (10) days following the date of delivery.

No action for non-compliance can be taken by the customer more than 10 days after the delivery of the products. It is expressly agreed by the acceptance by the customer of these general terms and conditions of sale that after the expiration of this period, the customer cannot invoke the non-compliance of the products or oppose it in counterclaim to defend themselves in the event of an action for the recovery of claims brought by SQUIDDY. In the absence of compliance with these conditions, the responsibility of SQUIDDY with respect to the customer, due to a hidden defect, cannot be invoked.

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Defects and damage to delivered products resulting from abnormal storage and/or conservation conditions at the customer's premises, particularly in the event of an accident of any kind, cannot give rise to the warranty owed by SQUIDDY.

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As part of the warranty for hidden defects, SQUIDDY will only be obliged to replace defective goods at no cost, without the customer being entitled to damages, for any reason.

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SQUIDDY guarantees its products against hidden defects in accordance with the law, usages, case law, and under the following conditions:
 

• The warranty applies only to products that have become the regular property of the customer; it only applies to products entirely marketed by SQUIDDY;

• It is excluded when our products have been used in conditions of use or performance not provided for.

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The SQUIDDY warranty only covers hidden defects. Our customers being individuals and professionals, the hidden defect means a defect in the realization of the product making it unsuitable for its use and not detectable by the customer before its use. A design defect is not a hidden defect, and our customers are deemed to have received all information relating to our products. SQUIDDY does not cover damages and wear resulting from any adaptation or special, abnormal, or non-mounting of its products, except if it was carried out under its supervision. The warranty is limited to the replacement or repair of defective parts. The warranty is limited to 24 months of use. The parts are deemed to be used by customers no later than 2 months after availability.

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In any case, our customers must justify the date of the start of use. Our warranty ceases automatically if the customer does not notify us of the alleged defect within ten (10) clear days from its discovery. It is the customer's responsibility to prove the day of this discovery.

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The contractual warranties do not cover:

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• The replacement of consumables (batteries)

• The abnormal or non-compliant use of the product. The customer is invited in this regard to carefully read the user manual provided with the product,

• Defects and their consequences due to the intervention of a repairer not approved by the product manufacturer,

• Defects and their consequences related to the non-compliant use for which the product is intended.

• Defects and their consequences related to any external cause.

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The commercial warranty can only be applied to products in good cleanliness condition and in impeccable condition.

In case of a defective product, and if the said product is no longer available, the manufacturer may offer the customer a similar model as a replacement.

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Article 9 - Liability

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The company SQUIDDY cannot be held responsible for indirect damages caused by the use of the product, such as loss of business, loss of profit, missed opportunity, damages, or losses suffered by third parties. The liability of the company SQUIDDY is limited to the amount of the order.

The products offered comply with the French legislation in force and applicable standards in France. The liability of SQUIDDY cannot be engaged in case of non-compliance with the legislation of the country where the product is delivered (for example, in the case of a product's prohibition). It is up to the customer to check with the local authorities the possibilities of importing or using the products or services that they intend to order.

SQUIDDY shall not incur any liability for all indirect damages arising from these, loss of business, loss of profit, missed opportunity, damages, or costs that may arise from the purchase of the products.

SQUIDDY shall not be liable for any loss of data, files, or the damages defined in the preceding paragraph.

 

Article 10 - Intellectual Property

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The website www.squiddy.fr and its content (texts, images, logos, videos) are the exclusive property of the company SQUIDDY. Any reproduction, even partial, is prohibited without the prior authorization of the company SQUIDDY.

All technical documents, products, and photographs provided to our customers remain the exclusive property of SQUIDDY, the sole holder of the intellectual property rights to these documents, and must be returned to it upon request.

Our customers undertake not to make any use of these documents likely to infringe the industrial or intellectual property rights of SQUIDDY and undertake not to disclose them to any third party.

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Article 11 - Personal Data

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The personal data collected by the company SQUIDDY when placing the order are used only in the context of order management and follow-up of the commercial relationship. In accordance with the European regulation on the protection of personal data, the customer has a right of access, modification, opposition, rectification, and deletion of their personal data. This right can be exercised by contacting the company SQUIDDY in writing.

By agreeing to these general terms and conditions of sale, you consent to the collection and use of this data for the execution of this contract.

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Article 12 - Disputes and Applicable Law

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These General Terms and Conditions of Sale are subject to French law. In the event of a dispute, an amicable solution will be sought as a priority. In the absence of an amicable solution, the French courts will have jurisdiction to settle the dispute.

Any question relating to these general terms and conditions of sale and to the sales they govern, which is not covered by the present contractual stipulations, will be governed by French law, to the exclusion of any other law, and, in a supplementary manner, by the Vienna Convention on the International Sale of Goods. In the absence of an amicable resolution, the dispute will be brought before the commercial court at the registered office of the seller.

They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.

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Article 13 - Force Majeure

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Events that are beyond the parties' control and which they could not reasonably have foreseen, and which they could not reasonably have avoided or overcome, to the extent that their occurrence makes the performance of obligations totally impossible, are considered to be cases of force majeure or fortuitous events.

Events that will be considered as cases of force majeure or fortuitous events discharging SQUIDDY from its obligation to deliver within the initially agreed deadlines include: strikes by all or part of its personnel or its usual carriers, fire, flood, war, production stoppages due to fortuitous breakdowns, the impossibility of being supplied with raw materials, epidemics, thaw barriers, roadblocks, strikes or supply disruption by EDF-GDF, or supply disruption for reasons not attributable to SQUIDDY, as well as any other cause of supply disruption that is not attributable to other suppliers.

In such circumstances, SQUIDDY will notify the customer in writing, including by fax or email, within 72 business hours of the date of the occurrence of the events, and the sales contract between SQUIDDY and the customer will be suspended as of right without indemnity, from the date of the occurrence of the event.

If the event lasts for more than thirty (30) days from the date of its occurrence, the sales contract concluded by SQUIDDY and its customer may be terminated by the most diligent party, without either party being able to claim damages.

This termination will take effect on the date of the first presentation of the registered letter with acknowledgment of receipt denouncing the said sales contract.

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Article 14 - Jurisdiction

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The choice of domicile is made by SQUIDDY at 6384 Rue Obsidienne, 13510 Éguilles.

Any dispute concerning the application of these general terms and conditions of sale and their interpretation, their execution, and the sales contracts concluded by SQUIDDY, or the payment of the price, will be brought before the commercial court of Aix-en-Provence, regardless of the place of the order, delivery, payment, and the payment method, and even in the event of warranty or plurality of defendants.

Bills of exchange do not create any novation or derogation from this jurisdiction clause.

Furthermore, in the event of legal action or any other action for the recovery of claims by SQUIDDY, the costs of summons, justice, as well as attorney and bailiff fees, and all ancillary costs will be borne by the defaulting customer, as well as the costs related to or resulting from the customer's non-compliance with the payment or delivery conditions of the order in question.