Last revision of these Terms of Sales: November 30, 2018
These Terms of Sales apply without restriction or reservation to all sales concluded by the company "SITHON TECHNOLOGIES" ("The Seller") to buyers ("Customers or Customer "), for a strictly personal use, and wishing to acquire the products proposed for sale by the Seller ("The Products"):
- Connected products
- Software provided on smartphones (and paying software options),
By immediate purchase or by placing an order.
They specify the conditions of immediate purchase, ordering, payment, and delivery or delivery of the Products ordered by the Customers.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are contractual on the day of delivery and does not prejudge on the part of the seller to make any software modifications as well as the product. The photographs and graphics to be presented, as well as the catalog available on the Internet are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its properties and essential characteristics.
Customer is fully aware that use of the Products requires subscription to an associated service via the Apple Store and Google Play platforms.
Product offers are subject to availability.
These Terms of Sales apply to the exclusion of any other terms and conditions, including those applicable to sales on the Internet or through other channels of distribution and marketing. These Terms of Sales are systematically communicated to any Customer prior to the immediate purchase or ordering and will prevail, if applicable, on any other version or other contradictory document.
The Customer declares to have taken note of these Terms of Sales and to have accepted them before its immediate purchase or the placing of its order. As these Terms of Sales may be subject to subsequent modifications, the version applicable to the Purchase of the Customer is that in force on the date of the immediate purchase or the placing of the order.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these Terms of Sales.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The price list is available on the Internet at the following address: https://www.sithon-technologies.com
These prices are firm and not subject to revision during their period of validity, as indicated on the Seller's prices catalog, the latter reserving the right, outside this period of validity, to modify the prices at any time. For Products not withdrawn by the Customer himself, the prices do not include the processing, shipping, transport and delivery costs, which are invoiced in addition, and calculated before the immediate purchase or the placing of the order. The payment requested from the Customer corresponds to the total amount of the sale, including these costs.
Any additional customs duties and local taxes are not covered by the Seller. The Customer is therefore invited to inquire about these aspects with the corresponding local authorities.
The price is payable in cash, in full on the day of the immediate purchase or the order by the Customer, according to the following method of payment (availability of payment methods according to the country of purchase):
- Payment by credit card: Visa, MasterCard, other credit cards
- Payment methods by Paypal
Payments made by the Customer will be considered as final only after actual collection of the sums owed by the Seller.
Products ordered or purchased by the Customer in the event of immediate purchase will be delivered to the address indicated by the Customer at the time of purchase or order and within the time specified by the Seller when placing the order or Fault within one (1) month from the date of order.
Delivery is the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make his best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these deadlines are given for information only.
The transfer of ownership of the Products of the Seller will be realized upon acceptance of the order by the Seller, materializing the agreement of the parties on the thing and on the price and this whatever the date of the payment and the delivery.
The Products offered for sale comply with the regulations in force in USA and are compatible with non-professional uses of a purely recreational nature. The Seller disclaims all liability for the use of the Products for a different purpose than that announced by the Seller.
The functionality of the software provided with our Products does not substitute for any service offered by a third party specialist. These features are only offered for recreational purposes.
The Seller retains ownership of all intellectual property rights relating to presentations, studies, designs, models, prototypes, etc., carried out (even at the request of the Customer) with a view to supplying the Products to the Customer.
The Customer is therefore prohibited any reproduction or exploitation of said photographs, presentations, studies, designs, models and prototypes, etc., without the express prior written authorization of the Seller which may condition it to a financial counterparty.
By express agreement, these Terms of Sales and the transactions arising therefrom are governed by and subject to American law.
These Terms of Sales are written in English.
Should they be translated into one or more foreign languages, only the English text shall prevail in the event of a dispute.
ALL DISPUTES TO WHICH PURCHASE AND SALE OPERATIONS CONCLUDED PURSUANT TO THE PRESENT TERMS OF SALES MAY PROVIDE FOR THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, THEIR CONSEQUENCES AND THEIR SUITES AND WHICH WOULD NOT HAVE BETWEEN THE SELLER AND THE CUSTOMER, WILL BE SUBJECT TO COMPETENT TRIBUNALS UNDER THE CONDITIONS OF COMMON LAW.
The Customer acknowledges having communicated, in a clear and comprehensible way, prior to the immediate purchase or the placing of his order and the conclusion of the contract, of these Terms of Sales and in particular the following information:
- The essential characteristics of the Product,
- The price of the Products and related costs (delivery, for example);
- In the absence of immediate execution of the contract, the date or the time at which the Seller undertakes to deliver the Product,
- Information concerning the identity of the Seller, his postal, electronic and business contacts, if they do not appear in the context,
- Information relating to legal and contractual guarantees and the way in which they are implemented,
- The functionality of digital content and, where appropriate, its interoperability,
- The possibility of resorting to mediation in the event of a dispute.
The fact that a natural person (or legal entity), to make an immediate purchase or to order a Product entails adhesion and full acceptance of these Terms of Sales and obligation to the payment of the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to avail himself of any contradictory document, which would be unenforceable to the Seller.