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GENERAL CONDITIONS OF SALE MYELI
This document defines, subject to modifications and/or derogations which MYEli and the customer (hereinafter referred to as the "Customer") may agree in writing, the general conditions which establish the terms and conditions which govern the sale of Jewelery by MYELI and the use of the Application by the Customer (hereinafter the "GTC").
MYELI and the Customer are hereinafter individually referred to as the “Party” and collectively as the “Parties”.
ARTICLE 1 – DEFINITIONS
The following terms have the following meaning:
«Application» means the digital application software that can be downloaded free of charge from smartphones running the Android and IOS operating systems (up to version 14.4.2) via the download platform adapted to the operating system (Google Play or App Store) which allows Customer to access and use the Services;
«Bijou» means the jewel connected to the Application and provided by MYELI to the Customer under the Order;
«Client» designates the natural person who places a Jewel Order and accesses the Application via his smartphone for the use of the Services;
"Order" means all the contractual documents which determine the respective obligations of the Parties and consist of the following elements in their descending order of importance:
"Product Sheet" means the written advice and warnings provided by MYELI with the Jewel and describing the method of starting the Jewel via the Application, as well as the recommendations and limits of use;
"Technical sheet" summary of system acceptances (Bluetooth settings, GPS, mobile network) with which the Customer must comply to operate the Jewel;
«MEYELI» means the S.A.S registered under the number 878152008 RCS Bordeaux, whose registered office is located at 381 Boulevard du President Wilson - 33200 Bordeaux;
“App Cookies Policy” means the cookie deposit policy on the Application;
«Services» means the services made available to the Customer through the Application allowing:
«Site» means the website "myeli.fr" owned and published by MYELI;
“Rescue SMS” designates the simple click on the Jewel allowing the sending of an alert message of a dangerous situation by the Customer and GPS position to the pre-recorded emergency contacts;
«SMS HOME SAFE» means the double click on the Jewel allowing the Customer to send a reassuring message to the pre-registered Home Safe contacts.
ARTICLE 2 – FORMATION OF THE ORDER
2.1. All MYELI offers are made in writing. MYELI cannot be bound by a verbal offer.
2.2. The ordering process by the Client is as follows:
The Parties are only considered to be linked from the date the Order confirmation email is sent by MYELI to the Customer.
2.3. The Customer declares to have read the T&Cs before validating the Order, which implies acceptance without restriction or reservation of the T&Cs.
ARTICLE 3 – CHANGES MADE TO THE ORDER
Any modification of the Order is binding on the Parties only after joint validation of a written agreement expressly referring to the Order.
ARTICLE 4 – EXECUTION DEADLINES
4.1. The estimated delivery times of the Jewel and access to the Application are expressed in working days and are specified in the Order and correspond to the average time for preparation and delivery of the Jewel to the Customer's delivery address. specified during the validation of the Order.
4.2. The deadlines are automatically extended in the event of a delay not exclusively attributable to MYELI, such as but not limited to the delay of the supplier(s) or subcontractors of MYELI concerned or in the event of force majeure as defined in article 13 ( force majeure).
4.3. A delay due to MYELI does not constitute a sufficient fact to give rise to termination of the Order.
ARTICLE 5 – PRICES AND PAYMENTS
5.1. Price - Unless otherwise stipulated in the Order, the price displayed for the selected Jewel is expressed in euros, excluding taxes and delivery costs. It is firm and non-revisable. When the Customer validates the Order, the price to be paid is the price inclusive of all taxes (hereinafter price including VAT). If MYELI is unable to debit the price including tax, then the Order is not validated.
The Customer expressly acknowledges that the connection and communication costs (Internet and mobile network) related to the use of the Services are not borne by MYELI and remain entirely the responsibility and responsibility of the Customer.
5.2. Jewel Payment - The price is payable at the Order, by one of the means of payment offered to the Customer on the Site (Bank card or Apple Pay). Payments must be made without deduction of any kind, no compensation being automatically authorized. Any complaint or claim by the Customer can in no way have the effect of deferring or suspending payment.
5.3. MYELI undertakes to implement all means to ensure the confidentiality and security of personal data transmitted on the Site during the validation of the Order. MYELI reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous Order.
5.4. Access to the Services is included in the purchase price of the Jewel defined in the Order.
ARTICLE 6 – DELIVERY AND RECEIPT
6.1. The amount of the delivery costs is indicated before validation of the Order on the Site.
6.2. MYELI must notify the Customer of the date of departure of the transport of the Jewel. Delivery is required to take place under the conditions and within the time limits indicated in the Order. MYELI undertakes to provide the Customer with the Product Sheet and the Technical Sheet at the same time as the delivery of the Jewel. MYELI shall not be held responsible for delays or postponements of delivery which are not directly and exclusively attributable to it, in particular in the event of delivery by carrier.
MYELI undertakes to honor the Order only within the limit of available stocks of Jewellery. In the absence of availability, MYELI undertakes to inform the Customer.
6.3. The Customer must acknowledge receipt of the Jewel by signing the delivery slip. Failing this, receipt of the Jewel must be considered as tacitly pronounced at the end of a period of eight (8) working days from dispatch. The Customer is solely responsible for a lack of delivery due to a lack or an incorrect indication when placing the Order.
6.4. From the day after receipt of the Jewel, the Customer has a withdrawal period of fourteen (14) calendar days to return the Jewel in its original packaging. This right of withdrawal expires as soon as the Jewel is activated by the Customer in accordance with the Product Sheet and the instructions of the Application. Access to the Services is terminated upon receipt of the withdrawal request. The costs of returning the Jewel are the responsibility of the Customer.
ARTICLE 7 – TRANSFER OF RISKS AND OWNERSHIP
7.1. The risks of loss and/or damage to the Jewel must be borne by the Customer upon receipt of the Jewel, according to the procedure defined in article 6.3.
7.2. MYELI remains the owner of the Jewel until full payment by the Customer of the sums due under the Order.
ARTICLE 8 – USE OF THE SERVICES
8.1. The Customer cannot use the Application without logging into his Customer account.
The Customer undertakes not to use the Application and/or the Jewel for fraudulent, illegal, discriminatory purposes or in any way whatsoever to discredit MYELI.
The Customer acknowledges that neither MYELI nor its insurers can be held responsible for the use that the Customer may make of the Application and/or the Jewel. MYELI in its capacity as supplier of the Application cannot carry out any prior verification or qualification of Customers, nor set up any procedure for controlling Customers.
8.2. Services - MYELI reserves the right to make any changes to the Services of its choice relating in particular to technical or functional developments. MYELI reserves the right, without notice or compensation, to temporarily suspend access to the Services to carry out maintenance operations related to technological developments or necessary for the continuity of the Services.
MYELI also reserves the right, without compensation, to terminate the Services definitively. Any permanent closure of the Services is notified to the Customer at least 2 months before effective termination.
8.3. Service Coverage - Coverage of the Services is limited to Android and IOS operating systems (up to version 14.4.2) accessible via the download platform adapted to the operating system (Google Play or App Store) and to the Customer's telephone networks (3G/4G/5G). The Customer acknowledges that MYELI cannot be held responsible for the alteration of the Customer's telephone network and GPS location due to white areas or environments such as, but not limited to, floors, thick walls, parking , a subway or a basement. During the alteration of the Alert Services, only the triggering of the alarm and the audio recording work during the simple click made by the Customer on the Jewel.
ARTICLE 9 – OPERATING CONDITIONS OF THE SERVICES
The proper functioning of the Services is conditioned by the following cumulative operations that the Customer must perform on his smartphone before each possible use of the Jewel:
In addition, if the Customer does not have a mobile internet network (3G/4G/5G) but his Bluetooth connection and his geolocation are activated, only the alarm and/or the audio recording work when the Customer has it. previously programmed and that the Application has remained active in the background of his smartphone. If the Customer does not activate geolocation on his smartphone, but Bluetooth and the Application have remained active, the alarm, the audio recording and the sending of the alert call and/or the Emergency SMS operate without the transmission of the Customer's position and GPS tracking to their Emergency contacts. Consequently, if the Customer has not activated Bluetooth, has run out of battery and/or has not left the Application in the background on his smartphone, the Services will not work given that the communication between the Application and the Jewel is not possible. If the smartphone is correctly charged and turned on, a notification will be sent to the Customer's smartphone to warn him of the inoperative nature of the Jewel and the Services.
ARTICLE 10 – INTELLECTUAL PROPERTY
All the elements of the Application and the Jewel are protected by intellectual property by rights held by MYELI or which it may dispose of by rights of third party contractors. The intellectual property rights are not modified by the provision of the Application and the purchase of the Jewel.
The Customer accesses the elements of the Application, without any right other than access and use and without the right to download, copy, reproduce, publish, transmit, post, distribute in whole or in part, with or without modifications, except for the needs strictly necessary for the proper functioning of the Application and the Services.
ARTICLE 11 – WARRANTY
11.1.2 The warranty only applies to the extent that the defective Jewel has been correctly received, handled, transported, stored, used and maintained by the Customer, under the conditions provided for in the Order and in accordance with the Product Sheet and the Technical sheet. The Customer undertakes to take particular care of the Jewel and to take all necessary precautions to prevent any damage to the Jewel.
11.1.3 The Jewel has CE marking (European Conformity), Bluetooth certification and radio frequency qualification.
11.1.4 Are excluded from the warranty:
11.2.1 MYELI guarantees the conformity of the Services with the Order for the duration of access to the Application.
11.2.2. The equipment and material means allowing access to the Application are independent of MYELI and exclusively at the Customer's cost and risk.
11.2.3 MYELI does not guarantee the continuity of the Services provided by the Application, nor their completeness, nor the intrusion or alteration of the Services operated by a third party (such as a person, virus, etc.).
11.3 The stipulations above in Articles 11.1 and 11.2 define all of MYELI's obligations under the guarantee. Any other warranties and/or remedies not expressly provided, of whatever nature, are expressly excluded.
ARTICLE 12 – LIABILITY
12.1. The Customer expressly admits that the Services being necessarily provided through telecommunications networks, in particular the Internet, geolocation and mobile telephony, the Customer declares to be informed of the constraints and limits of these networks, in particular in terms of coverage. , accessibility, stability. The Customer using his own Internet connection and his own tools for accessing the Services, MYELI cannot under any circumstances be held responsible for malfunctions in the access and/or use of the Services, speeds of opening and consultation of pages of the Services, temporary or permanent inaccessibility of the Services, total or partial temporary non-performance of the Services, and fraudulent use by the Customer or third parties of the information made available on the Application. MYELI cannot be held responsible in the event that the Services offered prove to be incompatible with certain equipment and/or functionalities of the Customer's computer equipment.
12.2. The Customer is responsible for the proper use of the Jewel, the Application and the Services provided by MYELI in accordance with the GCS, the Product Sheet, the Technical Sheet and the operating conditions of the Services provided for in Article 9 (Conditions of operation of the Services).
12.3 MYELI is responsible under the conditions of common law to the extent of compliance by the Customer with the stipulations of article 9 (Service operating conditions), regular checks of the proper functioning of the Jewel and the Application and updates update of the Application.
12.4 The Customer expressly acknowledges that the Services provided by the Application and/or the Jewel are tools that help to alert people to potential danger. Consequently, the information issued by the Jewel via the Application can in no way be sufficient to prevent the occurrence of any damage suffered by the Customer, who must complete the Services by other means of prevention and/or warning of potential danger. The Customer acknowledges that he must exercise vigilance given that the Services cannot replace the observation of rules of caution and safety.
12.5. The Services shall not and are in no way intended for illegal surveillance, spying or harassment, or more generally for the commission of any offence. As such, MYELI cannot be held responsible for any misuse of the use initially planned by MYELI for its Services. As such, the Customer is solely responsible for the use made of the Jewel and/or the Services provided and cannot hold MYELI liable for any claim and/or proceedings against it in this regard. The Customer thus undertakes to be personally responsible for any complaint, claim, or opposition and more generally for any procedure brought against MYELI emanating from any third party and/or user and which would be linked to a misuse of the Jewel and/or or Services.
ARTICLE 13 - FORCE MAJEURE
13.1. None of the Parties may be considered to have breached its contractual obligations insofar as this breach is due to an event beyond its control and which it cannot reasonably avoid or overcome in whole or in part, as well as in the case of natural disasters, bad weather, fires, epidemics, pandemics, strikes (including work stoppages occurring on the premises of MYELI or its subcontractors or suppliers), sabotage, embargo or worsening of embargo, interruptions or delays in transport or means of communication, acts or regulations emanating from public, civil or military authorities (including delays in obtaining authorization or permits of any kind), computer hacking, war, action or breaches of a sub- contractor or supplier involving the postponement of delivery.
13.2. As soon as it becomes aware of it, the Party that invokes force majeure at the origin of a failure in the performance of a contractual obligation, must notify the other Party in writing and the deadlines for performance provided for. are automatically extended by the duration of the event and its consequences.
ARTICLE 14 – APPLICABLE LAW AND DISPUTE RESOLUTION
The law applicable to the T&Cs is French law.
In the event of difficulty in the interpretation or execution of the GCS, the Parties expressly agree that any dispute arising from the interpretation, execution or non-execution of the Order, including in matters of summary proceedings or emergency proceedings, shall be , in the absence of an amicable settlement, the exclusive jurisdiction of the courts of Bordeaux (France).
To be defined using Ludivine (not enough info)?[MP1]