General Terms and Conditions of Sales

The current General Terms and Conditions of Sales are contracted between on the one hand VoxWave, joint-stock company with variable capital 6000 euros which head office is located at 14, rue Alexandre Chevrier, 77250 Veneux les Sablons, France, and immatriculated under the RCS number 805 316 825 at Melun, thereafter named "VoxWave SAS" and on the other, any physical or moral entity wishing to buy something via Internet website of "VoxWave SAS", thereafter named "the buyer".

Article 1 : Object

The current General Terms and Conditions of Sales aim to define contractual relations between VoxWave SAS and the buyer, and conditions which can be applied to any buying made through commercial website of VoxWave SAS, the buyer being a professional or consumer.

Acquiring a good or service through the current website implies an acceptation without reservation by the buyer of the current General Terms and Conditions of Sales.

Those Terms will prevail on any other General or Particular Terms non expressely agreed by VoxWave SAS.

VoxWave SAS can change their Terms of Uses at any time. In this case, applicable conditions will be those enforced at the time of the order made by the buyer.

 

Article 2 : Characteristics of the goods and services

The proposed products and services are those which are in the catalogue published on VoxWave SAS' website.

Those products and services are offered within the limits of available stocks.

Every product is accompanied by a description established by VoxWave SAS or the provider. For some of them, which uses the "DF" mention, the buyer can have access to the provider' documentation.

Some products (especially softwares) may imply to accept General Terms of Uses once delivered so as to be used.

Pictures on the catalogue are as faithful as possible, but they cannot ensure a perfect similarity with the offered product, especially as regards colors.

 

Article 3 : Prices

Prices in the catalogue include all taxes in euros, including VAT on the day of the order (VAT is non applicable according to art. 293B of CGI -French General Tax Code). Any change may be transferred to the price of the product or the services.

VoxWave SAS can change prices on any time, implying nevertheless that the price on the catalogue on the day of the order will be the only one to be applied to the buyer.

Prices do not order, transport and delivery processes, nor custom tariffs.

 

Article 4 : Geographic area

Online sales of products and services on the website is available for worldwide buyers. Some products may nevertheless be restricted to a geographic area, according to VoxWave SAS' decisions. The geographic area of delivery is indicated on the description of the product.

 

Article 5 : Order

The buyers, who want to buy a product or a service, have to: 

- Create their account on online shop shop.voxwave.fr, or to log in on online shop shop.voxwave.fr, if they already have an account ;

– Fill in their identification form in which they will register their contact information or indicate their customer number, if they have any; 

– Fill in their order form online by indicating references of the chosen product or services;

– Confirm their order after checking it;

- Pay according to the terms of payment;

– Confirm their order and payment.

Confirming an order implies accepting the present Terms and Conditions of Sales, the recognition of having perfect knowledge, and renunciation to any other Terms of Buying or any other Terms. 

All data recorded and recorded confirmation are a proof of transaction. Confirming is an equivalent of signature and acceptation of operations. 

VoxWave SAS will provide an electronic confirmation of the recorded order. 

Article 5bis : Pre-order

Some products may be proposed in pre-order on our catalogue according to:

-their official release date, with minimum treshold of product necessary to order the product to our suppliers.

This pre-order is done with the indication of a release date which we announce at the moment of the pre-order phase. The final sending date is communicated to the buyer once VoxWave SAS has received the product from their supplier. 

If the minimum treshold is not reached within a month, you are refunded of your purchase with no cost. 

Dans l’hypothèse où certains produits seraient précommandés sur notre site, la totalité de la commande sera alors mise en attente jusqu’à ce que le(s) produit(s) soi(en)t disponible(s).

-the indication that the product is being replenished. In such case, the product is sent as soon as it is replenished.

If the order has one (or more) product(s) in pre-order, and one (or more) available product(s), the whole order will be backlogged, and sent when all products are available. If you want to receive all available product(s) immediately, the buyer has to make two separate order on the Website.  

The delivery time limit of an order is based on an article which delivery delay is the longer.

The pre-order buying is subject to same conditions than the order buying described in article 5.

Article 6 Loyalty Program

Fidelity programme is proposed within your shop account, or with you buyings within our punctual physical selling places. It corresponds to 1 euro including VAT, for 1 point. Once the buyer reaches 20 points (20 euros including VAT), the buyer may benefit a discount corresponding to 0,5 euro (including VAT) per point on their Loyalty Program.  The buyer has to convert his loyalty points into a voucher before to use them, according to the ratio available by the time of his conversion.

This ratio can be changed at any time by VoxWave, though customers will be advised of that change seven days before.

Article 7 : Availability

Unless mentioned otherwise, Products available on Website are available for order or pre-order (according to article 5 and article 5B). If products are not available, VoxWave SAS will advise the buyer by any means (including digital), and proceed to refund the buyer.

The unavailability of a product does not give any right to compensation, excepted the refunding of amounts already paid in case of cancelling of the order.

Article 8 : Retractation

Buyers, non-professional physical entities, benefits a sevent working days starting the date of their order to return the product to VoxWave SAS for exchange or refund without penalty, excepted return fees.

To use this right, the buyer has to send a request at

VoxWave SAS

14 rue J.A Chevrier 

77250 Veneux les Sablons, France

ou à l'adresse contact@voxwave.fr.

You have to send or give back product(s) at late seven days after communication of your retractation request of the present contract.

Refund will be done within seven days dating of the reception of product(s) by VoxWave SAS, or after receiving a proof of sending of involved product(s)

Article 8bis : Return process

No return will be accepted if concerned product(s) is not returned in its original packaging, which has to be sent nondeteriorated.  

Such concerned goods will be refunded or exchanged according to available stocks. The buyer will have to recall their name, first name, address, and order number in the package. 

Article 9 : Terms of Payment

Price is payable at the time of order. Payment is in euro. Prices in dollar are given as an indication.

Payment can be done:

-by credit card: they will be done through secured system Paypal using SSL protocol (Secure Socket Layer), so that forwarded data are encrypted by a software and no third party can learn that data during its transit on network.  Buyer's account is charged according to Paypal Terms of Uses.

-by cheque adressed to VoxWave SAS and sent to 14, rue Alexandre Chevrier, 77250 Veneux les Sablons.  Payment by cheque are possible only for cheques in euros, in France-located banks. In case of payment by cheque, the buyer's account will be first charged, and then order will be sent in quick delays. 

Invoice will be adressed to the buyer by email via a secured authentification protocol. 

If the buyer requests it, a paper invoice indicating VAT can be sent.

Article 10 : Delivery

For France, orders are usually shipped in 48 hours after payment. For any international shipping, the delay can be from one to four weeks. The standard shipping method is La Poste's service International Priority Parcel, without tracking, with aknowledgment of receipt.

Shipping delays are only an indication. If these delays excess 30 days from the ordering day, the contract can be terminated and the buyer refunded.

If you validate this option during your order, we will send you a link to track your purchase online as soon as possible. Morover, the carrier will send a copy of this link to the email adress indicated during your ordering. Please verify your spam box if this email is still missing thirty minutes after your payment.
Regarding your residence, your purchase tracking could stop at a border. In this case, VoxWave SAS cannot be hold accountable.

Your purchase will be shipped at the adress indicated on your purchase order. This adress must respect the geographic localisation indicated during the ordering.  The shipping costs will be payed by the buyer.

At the moment the products leave VoxWave SAS' location, all the risks will be hold by the buyer. If  the products was to be damaged, any contestation should be adressed to the carrier in a delay of three days after receipt. VoxWave SAS cannot be hold accountable for the abscence of tracking possibilities if the buyer haven't validated this option during the order.

We reserve ourselves the possibility to refuse a payment if it appears obvioulsy fraudulent or if the client do not proves it's authenticity.

Shipping costs include packaging, the handling and the postal costs. They can include a stable and a variable part, regarding cost and weight of your purchase. We recommend to our clients to group all their orders. We may not be able to group multiples orders and you will have to pay the shipping costs of each packages. Your order is sent at your own risks, a special care is given to any fragile packages. If the nature of ordered products requires it, they will be packed and shipped in as much packages as necessary to protect them.

The packages are oversized and protected.

Article 10bis: Personal Delivery

Personal delivery is also available for buyers. When VoxWave SAS is present during an event, personal delivery may be available for buyers. In order to get their order, buyers have to present an ID card and/or a physical or digital copy of their invoice. Buyers will then be given their order after a signature. 

This service is proposed to the buyer for free. 

VoxWave SAS denies any responsibility if buyes were not present in order to get their order. VoxWave SAS nevertheless commits to refund the buyer on his request.  

Article 11 : Guarantees

All products sold by VoxWave SAS benefit the legal guaranty as defined by articles 1641 et sec of French Civil Code (Code Civil). T

In case of nonconformity of a sold product, it can be sent to the buyer which will take it in, exchange it or refund it. 

Any contestation, exchange request or refund has to be made by mail to VoxWave SAS, 14 rue J.A Chevrier, 77250, Veneux les Sablons, after 30 days of delivery. 

 

Article 12 : Responsibility

VoxWave SAS, in the process of online sales, is only subject to an obligation of means. VoxWave SAS' responsibility cannot be engaged for a damage resulting of an use of Internet network such as data loss, intrusion, virus, out of services, or any other unvoluntary trouble. 

We are responsible in case of grave error or physical injuries caused by a normal use of our products. 

We decline any responsibility as regards following hypotheses: 

  • Force majeure cases preventing the good termination of the contract
  • Loss of turnover or profit in case of delays in the delivery
  • Products, not in compliance with legislation and regulation of the delivery country
  • Physical damage related with an abnormal use of our products.Dommage corporel causé par une utilisation anormale de nos produits
  • Non physical damages caused by the use of our products
  • Cessation of business activity
  • In case of non-substantial differences with our products' descriptions. Pictures and images are not contractual

 

Article 13 : Custom duties

 Any order made on Website and shipped outside of France can be subject to taxes and custom duties imposed on the package once delivered. Custom duties and taxes related with the delivery of such an article are charged to the buyer and are his responsibility. VoxWave SAS has no obligation to check and notify the buyer of their applicable taxes and Custom duties.  

Article 14 : Intellectual Property

All elements on VoxWave SAS' website are and remain the intellectual and exclusive property of VoxWave SAS and partners. 

Nobody is allowed to reproduce, exploit, broadcast, or use for any reason, even partially, elements from the website, be they software, visual or sounds, for commercial purpose. Simple reproduction of content is allowed for non-profit purpose. 

Article 15 : Personal data and privacy

According to the law related the French law onprivacy, data protection anfreedom of information of January 6th, 1978, users can access, rectify and remove their data.

VoxWave SAS can collect data on buyers, including by using cookies, and if needed, to forward them to commercial partners (if agreed by buyers).

Buyers can oppose the disclosure of their details by notifying it to VoxWave SAS. Users can also access and rectify data about them, according to French law of January 6th, 1978.

Automatized data treatment, including the email address of users of  website was declared to CNIL on October 27th, 2014, Monday, registered under number  1805128V0.

 

Article 16 : Archiving system and proofs

VoxWave SAS will archive orders and invoices on a reliable and long lasting support, which will be a faithful copy according to article 1348 of Civil Code.

Computerized VoxWave SAS register will be considered by parties as proofs of communications, orders, payment and transactions during parties. 

Article 17 : Partial invalidity

In case part or all of one or more articles of the current text was challenged by a jurisdiction, the construction of such article, still being legal, has to stay as close as possible of the meaning of the original text.

Any modification or invalidity of one or more article of competent jurisdiction do not challenge, unless decided by justice, the enforcement of other articles. 

Article 18 : Amendments of the terms and opposition

VoxWave SAS can modify the current Terms and Conditions of Sales anytime. Any contestation can be sent to VoxWave SAS, 14 rue J.A Chevrier 77250 Veneux les Sablons, France , or by email, contac@voxwave.fr.

Article 19 : Applicable legislation in case of dispute

The present Terms and Conditions of Sales are subject to French law. A translation of the present contract for sales can be proposed in English language to the buyer.  

In case of dispute, juridisction is granted to the court of competent jurisdiction of Paris,  En cas de litige, compétence est attribuée aux tribunaux compétents de Paris, notwithstanding concurrent defenders or third party complaint.