GENERAL TERMS AND CONDITIONS OF SALES – INTUITIVE INSTRUMENTS SAS

Valid from April 1st 2019

1. General

These General Terms and conditions of Sale (“GTS”) are those of the company INTUITIVE INSTRUMENTS SAS, registered in the Trade and Companies Register under n° 849 495 460, which head office is located at 2 Rue Roussel, 93200 Saint Denis, FRANCE.

The GTS are applicable to all online orders for INTUITIVE INSTRUMENTS products (“Products”) made on the E-commerce website of INTUITIVE INSTRUMENTS, accessible at https://dualo.com/ (“Website”) by a final consumer physical person (“Customer”) located in the countries listed in paragraph 12 (“Countries of Sale”), excluding any other conditions, including those applicable to the sales in stores and those which can appear on the purchase orders.

The Customer declares to have taken knowledge and to have unconditionally accepted the GTS before the confirmation of his order by ticking the box provided for this purpose, any order confirmation is worth full and complete acceptance by the Customer of the GTS.

The GTS applicable to the order are those in force on the date of the order placement, accessible at any time on the Website. INTUITIVE INSTRUMENTS reserves the right to modify these general conditions of sale at any time and in its sole discretion. The modified terms will apply to any new offer and order, without regard to the previous relationship between INTUITIVE INSTRUMENTS and the Customer. Any waiver of the GTS will be valid only with the prior written agreement of INTUITIVE INSTRUMENTS.

Specific conditions may, however, apply to a specific offer proposed to the Customer by INTUITIVE INSTRUMENTS on the Website, it being specified that the said special conditions will prevail over the present GTS in the event of contradiction.

Subject to contrary proof, the data recorded on the site https://dualo.com/ establish the proof of all the transactions intervened between INTUITIVE INSTRUMENTS and the Client.

2. Orders

2.1. Product Selection

All orders are made on the website https://dualo.com/. The Customer is invited to select the Products of his choice and place them in the basket by clicking on the “Add to Cart” button. By accessing his cart, the Customer can view the selected Products, the price to pay and take note of payment methods accepted by INTUITIVE INSTRUMENTS as well as fees, terms and delivery times.

INSTRUMENTS INSTRUMENTS gives the greatest care to the presentation of the Products on the Website. Nevertheless, the photographs or graphics illustrating the Products are only illustrative and variations may occur, the responsibility of INTUITIVE INSTRUMENTS can not be engaged in this respect.

2.2. Summary of the order

The Customer provides his delivery and billing addresses, necessary for the proper shipment of his order, and selects the method of delivery and payment.

The Customer can at any time change his choices and check the details of his order and than the price to be paid in the “Shopping Cart” page and correct any errors.

2.3. Confirmation of the order

At the end of the ordering process, the Customer accepts the GTS by clicking on the box “I declare to have read and accepted without reserve the general conditions of sale” envisaged for this purpose, then definitively validates his order by clicking on the “Continue to payment” button, “Continue”, “Pay by credit card” or “Pay by Paypal” depending on the payment method chosen.

This entails the final validation of the order by the Customer, subject to the actual payment from the Customer

The price to be paid by the Customer is the current price indicated on the Website at the time of confirmation of the order by the Customer. The conditions applicable to an offer (including the price of the Products) may be modified by INTUITIVE INSTRUMENTS as long as the Customer has not confirmed his order.

After confirmation of the order and payment by the Customer, INTUITIVE INSTRUMENTS will send the Customer a acknowledgment of receipt of the order electronically. The sale is then finally formed.

2.4. Products available on pre-order

INTUITIVE INSTRUMENTS proposes at certain periods Products available for pre-order. In this case INTUITIVE INSTRUMENTS clearly states on the pages of each Product concerned that it is available for pre-order and gives an estimation of the delivery date. In the case of a pre-order purchase of a Product, the Customer acknowledges having taken note of this specificity and accepts the specific conditions described in these General Terms and Conditions of Sale.

2.5. Availability of Products

In the case of an order not carried out for pre-order, the Customer acknowledges that the Products are offered for sale on the Website in the limit of the available stock. INTUITIVE INSTRUMENTS reserves the right to cancel or refuse any order in case of unavailability of the Products. In case of unavailability of one or more Products after confirmation of the order by the Customer, the Customer will be notified by e-mail to the e-mail address indicated during the order and the price corresponding to the Product(s) will not be debited or, where applicable, will be refunded to the Client’s bank account.

2.6. Refusal of order

INTUITIVE INSTRUMENTS reserves the right to cancel or refuse any order for a legitimate reason, for example due to a difficulty of supply of a Product, a problem concerning the order received (for example: unreadable order, defect of essential information, abnormally high quantity of Products ordered for an end user,…), in the case of an order made by an insolvent Customer or with which there have been previous payment problems or a conflict in the context of a previous order.

In this case, an email will be sent to the Customer using the email address provided by the Customer. To avoid any attempt of fraud, INTUITIVE INSTRUMENTS reserves the right to (I) request additional information from a Customer and / or (II) to limit an abnormally high quantity of Products ordered.

The Customer will not be charged if his command has been canceled or can not be performed by INTUITIVE INSTRUMENTS. If the Customer has already been billed for an order that is subsequently canceled or can not be made, INTUITIVE INSTRUMENTS will refund the amounts paid by the Customer in full.

3. Rate of Products and Payment

3.1. Product Price Currencies

The prices of the Products appearing on the Site are shown in three currencies (Euro, US Dollar, British Pounds). The Website offers, based on the geographic origin of the IP address of the Customer detected by the Website, a currency among the three above-mentioned. The Customer can change the currency using the drop-down menu on the specific pages for each product.

3.2. Applicable taxes on the prices of the Products

During the visit by the Customer of the Website, the price of the Products on the Site includes or not the taxes according to the geographical origin of the IP address of the Customer detected by the Website. The display of the prices on the Site clearly specifies, by the mentions “ATI” (All Taxes Included) or “WT” (Without Taxes), if the price includes taxes or not. On the “Shopping Cart” and “Validation” pages, the order total has the mention “including € / $ / £ XXX VAT” if the price contains taxes.

Regardless of the geographical detection carried out by the Website according to the IP address of the Customer, and in particular if it is incorrect, the inclusion or not of the taxes in the display of the price of the Products is updated when the Customer informs the country of destination for the delivery of the Products on the “Basket” page or on the “Validation” page of the Site. Thus, during the validation of the order, the calculation of the taxes depends only on the country of destination of delivery of the order.

The taxes applicable on the Site are those applicable to the European exchanges, so-called intra-community acquisition. For all other destinations, the price of the Products does not include taxes.

3.3. Payment of Products

All orders, whatever their origin, must be paid online and according to the authorized means of payment offered on the Website.

The Customer guarantees that he has the necessary authorizations to use the method of payment chosen at the time of order confirmation. Any payment incident will result in the automatic cancellation of the order and / or the immediate suspension of the delivery of the Product(s).

The payment pages of the https://dualo.com/ site are secured by the SSL protocol. and the information relating to the payments made by the Customer are encrypted. The payment can also be made via the Paypal system according to the General Conditions induced by this payment method. The Customer is requested to ensure, according to the Internet browser used, that a security pictogram (key or padlock) is present on the browser window that displays the payment page. It is also advisable for the Customer to check that the address of the payment page begins with the letters “HTTPS”.

INTUITIVE INSTRUMENTS will not proceed to any shipment of Products before the method of payment has been validated.

4. Delivery of Products

INTUITIVE INSTRUMENTS only accepts order deliveries in the countries designated in paragraph 12, “Countries of sale”. The list of eligible countries may be subject to change by INTUITIVE INSTRUMENTS.

4.1. Delivery Time

The Products are delivered to the delivery address indicated by the Customer during the ordering process. Unless otherwise specified on the Website, the order is sent no later than two working days after the order date. Added to this is a delivery time that depends on the shipping method chosen by the Customer during the order process.

In the event of an early and abnormal delivery delay, more than three days, INTUITIVE INSTRUMENTS will contact the Customer to communicate a revised delivery date. Moreover, in the absence of delivery within thirty (30) days from the order confirmation email, the Customer is entitled to cancel the order and will be refunded the amount of the order canceled.

INTUITIVE INSTRUMENTS may be held liable in the event of late delivery, loss of the Product or impossibility of delivery due to an error by the Customer in the information provided at the time of the order. In this context, the expenses incurred for the re-routing of the order will be the sole responsibility of the customer.

If no one is available at the Customer’s address to receive the delivery, the carrier will leave a notice in the mailbox, inviting the Customer to contact the carrier to agree on a new delivery date or to move to the post office specified on the notice of passage.

4.2. Delivery time for pre-orders

INTUITIVE INSTRUMENTS undertakes to contact the Customer by email or, if applicable, by telephone, at least one (1) week before the date of dispatch of the Products to confirm with the Customer the delivery address indicated by the Customer during the order process.

Notwithstanding the “estimated delivery date” on the Website at the time of the order, INTUITIVE INSTRUMENTS undertakes to do its utmost to deliver the pre-ordered Products a maximum of six (6) months after the date of the order.

In the event that INTUITIVE INSTRUMENTS fails to respect this deadline, it will refund in full the sums paid by the Customer to his bank account, if he asks him by any written, digital or paper communication.

5. Receipt and return of Products

It is the responsibility of the Customer to check the condition of the packaging of the Product(s) and their conformity at the time of delivery. Therefore, if the Product or the packaging of the Product is damaged at the time of delivery or in case of non-compliance of the Product with respect to the order confirmation of the Customer, the Customer must imperatively indicate it on the delivery note and communicate its reserves to INTUITIVE INSTRUMENTS within a maximum of five (5) days from the date of delivery, by sending a complaint to:

support@dualo.com or by sending a cancellation request by post to INTUITIVE INSTRUMENTS – 86 rue Voltaire, 93100 Montreuil, FRANCE.

Any Product damaged during transportation or non-compliant with the order confirmation and which the Customer has refused delivery will be replaced or refunded by INTUITIVE INSTRUMENTS at no additional charge. Any return of Products will be made through the Customer Service of INTUITIVE INSTRUMENTS and / or, in any case, according to the instructions and requirements of INTUITIVE INSTRUMENTS.

6. Retention of title and transfer of risks

INTUITIVE INSTRUMENTS reserves the entire ownership of the Products sold until receipt by INTUITIVE INSTRUMENTS of their complete payment, delivery charges and taxes included. The transfer to the Customer of the risks related to the Products occurs upon receipt of the Products by the Customer, INTUITIVE INSTRUMENTS remains responsible in case of loss, theft, damage or destruction during transport.

7. Right of retraction

7.1. Period of exercise of the right of retraction

The Customer, if he resides in the European Union, has a legal right to retract within fourteen (14) calendar days, beginning on the day of receipt of the Product. ordered on the Site, without having to justify reasons. In case of multiple Products ordered in a single order, the withdrawal period will end at the end of the 14 days following the day the Customer received the last package of Products.

To exercise his right of withdrawal, the Customer must contact INTUITIVE INSTRUMENTS in writing by sending an email to support@dualo.com or by mail to INTUITIVE INSTRUMENTS – 86 rue Voltaire, 93100 Montreuil, FRANCE, expressing clearly his desire to retract. The cancellation will be deemed effective on the date the Customer sends the email or letter to INTUITIVE INSTRUMENTS.

7.2. Conditions of exercise of the right of retraction

After the notification of its intention to retract in the conditions provided above, the Customer has a complementary period of fourteen (14) days to return, at its expense and under its responsibility the Product(s) by post to the following address: 8 place de la liberté, 24220 Saint Cyprien, FRANCE.

The Products as well as the packaging and accessories must be returned in their original conditions. In case of missing serial number, or original packaging and missing accessories, INTUITIVE INSTRUMENTS reserves the right to refuse the refund or to reduce the amount of it.

If the conditions set out above are met, all sums paid by the Customer for the Products, including any delivery charges calculated according to a standard delivery method, will be fully reimbursed by INTUITIVE INSTRUMENTS by transfer to the Customer’s bank account used when ordering, within fourteen (14) days from receipt by INTUITIVE INSTRUMENTS of the returned Product or receipt of proof of shipment of the Product.

7.3. Period of exercise of the right of retraction in the case of a pre-order

In the case of a pre-order, by way of derogation from the period of exercise of the right of withdrawal of an order, the Customer may request the cancellation of its pre-order at any time between the validation of its pre-order on the Website and one (1) week before the delivery of the Products.

To exercise its right of retraction, the Customer must contact INTUITIVE INSTRUMENTS in writing by sending an email to support@dualo.com or by mail to INTUITIVE INSTRUMENTS – 86 rue Voltaire, 93100 Montreuil, FRANCE, expressing clearly his desire to retract. The cancellation will be deemed effective on the date the Customer sends the email or letter to INTUITIVE INSTRUMENTS.

7.4. Conditions of exercise of the right of retraction in the case of a pre-order

As of the notification of its intention to retract under the conditions envisaged above, INTUITIVE INSTRUMENTS will refund, by transfer on the bank account of the Customer used during the order, all the sums paid by the Customer for the Products, including any delivery charges calculated according to a standard delivery method, less an administration fee of thirty (30) euros.

Once the delivery of the Product is carried out at the Customer’s premises, the Customer leaves the pre-order period and, in accordance with the legislation in force, the Customer has a withdrawal period of fourteen (14) days from receipt of the Product in the conditions described in paragraphs 7.1. and 7.2. of these General Conditions of Sale.

7.5. Warranty

INTUITIVE INSTRUMENTS remains liable for product conformity defects under the conditions set out in articles L.217-4 and following of the Consumer Code, as well as for hidden defects of the item sold under the conditions set out in articles 1641 and following of the French Civil Code.

When the Customer acts within the framework of the legal guarantee of conformity:
– He has a period of two years from the delivery of the property to act;
– He can choose between the repair or the replacement of the property, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
– It is not necessary to prove the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months for Products purchased as of March 18, 2016, excluding second-hand goods.

The Customer may also decide to implement the guarantee against hidden defects of the thing sold to the buyer. meaning of Article 1641 of the Civil Code within two years from the discovery of the defect. In this case, the Customer can choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.

Reproduction and translation in English of articles L. 217-4, L. 217-5, L. 217- 12 and L.217-16 of the Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, in accordance with Article L. 217-15 of the Consumer Code:

Art . L.217-4 of the Consumer Code:

“The seller delivers a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or of the installation where the latter was charged to it by the contract or was carried out under its responsibility.”

Art. L.217-5 of the Consumer Code:

“The property is in accordance with the contract:

1. If it is fit for the customary use of a similar good and, if applicable:
– If it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model
– If he has the qualities that a buyer can legitimately expect given the public statements made by the seller by the producer or his representative, in particular in advertising or labeling

2. Or if he has the characteristics defined by mutual agreement by the parties or is fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.”

Art. L.217-12 of the Consumer Code:

“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”

Art. L.217-16 of the Consumer Code:

“When the buyer asks the seller, during the course of the commercial guarantee which has been granted to him during the acquisition or repair of a movable property, a discount of covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the request for intervention of the buyer or the provision for repair of the property in question, if such provision is subsequent to the request for intervention.”

Art. 1641 of the Civil Code:

“The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish so much this use, that the buyer would not have not acquired, or would have given a lower price, if he had known them.”

Art. 1648 paragraph 1 of the Civil Code:

“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”

8. Limitation of the liability of INTUITIVE INSTRUMENTS

INTUITIVE INSTRUMENTS can not be held responsible for any loss or damage suffered by the Customer or by third parties due to misuse of the Products.

INTUITIVE INSTRUMENTS guarantees the conformity of the Products with French law in force but can not be held responsible in case of non-compliance with the legislation of the country of delivery of the Products.

INTUITIVE INSTRUMENTS can not be held responsible in case of non-fulfillment of the order because of a case of force major, such as disruption, total or partial strike including means of transport and / or communication, fire, flood, etc.

INTUITIVE INSTRUMENTS does not guarantee that the Website is available continuously without interruption or error. INTUITIVE INSTRUMENTS can not be held responsible in the event of loss of data occurring during the use of the Website, interruption or malfunction of the Website or any manifest error in the information contained on the Website.

INTUITIVE INSTRUMENTS can not be held responsible for any direct or indirect damage, regardless of the causes or consequences, including losses of profits, customers or data that may occur due to the use of the Website, the inability to access or the information contained therein.

With regard to the Products purchased on the Site, the maximum liability of INTUITIVE INSTRUMENTS shall not exceed the actual purchase price of the Product. In accordance with the preceding paragraph, INTUITIVE INSTRUMENTS will not be held responsible for any indirect damage suffered by the Customer.

9. Data protection

The company INTUITIVE INSTRUMENTS SAS collects personal data necessary for (I) the registration on its website, (II) the execution and processing of orders. In accordance with Law No. 78-17 of January 6, 1978, the Customer has the right to access rectification and withdrawal for personal data provided to INTUITIVE INSTRUMENTS SAS by writing to: INTUITIVE INSTRUMENTS – 86 rue Voltaire, 93100 Montreuil, FRANCE. List of data collected: name, first name, addresses, email, phone numbers. For the purposes of its activities and services and in particular to facilitate their smooth operation, the https://dualo.com/ website uses a system of cookies. These cookies may contain data relating to the identification and browsing of Clients on the site. In accordance with Law 78-17 of 6 January 1978 and Article 32, it is clear to the Customer that he may block or delete these cookies.

For Mozilla firefox:

• Click on the menu button and select “Preferences”
• Select the “Privacy and security” panel and go to the “Cookies and site data” section Click on the “Manage data” button and delete the data about the desired site

For Microsoft Edge:

• Click on the top button on the right “More Actions”
• Click Settings
• Under “Clear browsing data”, click on the “Choose data to delete” button
• Check the “Cookies and website data saved” box “then click” Clear “.

For Google Chrome:

• In the top right, click on “More”
• Click on” More tools “, then” Clear browsing data “
• At the top of the page, choose a period
• Check the boxes in front of “Cookies and Site Data” and “Images and Cached Files”
• Click “Clear Data”

For Safari:

• In the Safari app on your Mac, choose “Safari” > “Preferences”, click on “Privacy”
• To delete stored data and cookies: click on “Manage website data”, select one or more websites, then click “Delete” or “Delete all”.

Note: For the needs of certain services, the activation of cookies may be necessary.

10. Applicable Law

These General Terms and Conditions of Sale shall be governed by and construed in accordance with French law, and shall be governed by French law.

In case of impossibility to settle the dispute amicably, INTUITIVE INSTRUMENTS and the Client agree to submit any conflicts arising from the conclusion, the legal formulation, the execution of these terms or the termination of these General Terms and Conditions of Sale to the applicable rules on jurisdiction.

In the event of litigation relating to our sales and services and the interpretation or execution of our general conditions of sale, the version written in French prevails over any other translation hereof.

All disputes relating to our sales and services and the execution or interpretation of our Terms and Conditions of Sale will be the exclusive jurisdiction of the Commercial Court of Bobigny, even in case of as a guarantee or plurality of defendants.

11. INTUITIVE INSTRUMENT Customer Service

For any question relating to the purchase of Products and their use, request for advice or complaint, the Customer may contact the Customer Service INTUITIVE INSTRUMENTS:

– By email at: support@dualo.com

– By mail to: INTUITIVE INSTRUMENTS – 86 rue Voltaire, 93100 Montreuil, FRANCE.

12. Countries of sale

The countries in which INTUITIVE INSTRUMENTS offers the sale are (the list may be edited) :

Albania
Algeria
Andorra
Angola
Anguilla
Argentina
Armenia
Australia
Austria
Bahamas
Belgium
Bosnia and Herzegovina
Brazil
British territory of the Indian Ocean
Bulgaria
British Virgin Islands
Canada
Cap Vert
China
Croatia
Cyprus
Czech Republic
Denmark
Ecuador
Finland
France
French Guiana
French Polynesia
Germany
Greece
Grenade
Guadeloupe
Guatemala
Guernsey
Guyana
Hong Kong
Hungary
Iceland
India
Israel
Italy
Jamaica
Japan
Jersey
Latvia
Liechtenstein
Lithuania
Luxembourg
Macao
Macedonia
Malta
Martinique
Mauritius
Mayotte
Mexico
Monaco
Montenegro
Morocco
Netherlands
New Caledonia
New Zealand
Norway
Poland
Portugal
Republic of Ireland
Réunion
Romania
Russia
Saint Barthelemy
Saint Martin (Dutch)
Saint Martin (French)
Saint Pierre et Miquelon
Saint Vincent et les Grenadines
Saoudi Arabia
Serbia
Singapore
Slovakia
Slovenia
South Korea
Spain
Sweden
Switzerland
Taiwan
Trinidad and Tobago
Tunisia
Turkey
Turks and Caicos Islands
United Arab Emirates
United Kingdom
United States of America
United States Minor Outlying Islands
Virgin Islands of the United States