General terms and conditions of sale of the D-Scan scanner
Creating an account:You will need to create a Delysis by ValueFeet account to purchase the SCANNER. If you are creating an account on behalf of a company, such as your business or employer, you represent that you have the legal authority to enter into this agreement and to create such company's account. When creating your account, you agree not to use or provide any false, inaccurate or misleading information.
You are not allowed to transfer or reveal your username and password to another user. You remain responsible for all activities performed under your account.
Legal age:To open or use an account, you must have reached the age of "majority" in your country of residence, or have valid authorization from a parent or legal guardian to be bound by the Agreement._cc781905-5cde -3194-bb3b-136bad5cf58d_
Contract and acceptance of the conditions:By purchasing the SCANNER, you recognize:
(i)having read the prior information provided on the Delysis by ValueFeet website, relating to the content of the Agreement, et
(ii)have agreed to electronically sign the contract, and to receive a copy only electronically, et
(iii)have read these general conditions of sale before placing an order, et
(v)irrevocably agree to be bound by these Terms and Conditions, which constitute the purchase agreement (the “Agreement”) between you and Delysis by ValueFeet.
Formation and date of Purchase Agreement:The sale is perfect from the date of your order.
Price and payment:The price indicated on the Delysis by ValueFeet website is exclusive of all taxes and fees that may be payable in the customer's country of residence. In accordance with the commercial conditions announced on the Delysis by ValueFeet website, you must pay 40% of the sale price with the order, the balance being payable when Delysis by ValueFeet notifies the customer that the SCANNER is ready for delivery. Payments are made by credit card or bank transfer.
Delivery:The SCANNER will be delivered within a period not exceeding 12 weeks from the date of the order, to the address indicated by the customer in his order. All delivery charges will be borne by the customer, including any customs charges that may be payable for entry into the country of destination. The customer must check the condition of the SCANNER and notify Delysis by ValueFeet of any operating problem within eight days of the date of receipt of the package. If the SCANNER is damaged during transport, Delysis by ValueFeet will replace it at its expense as soon as possible.
Intellectual property :This Agreement does not in any way constitute an assignment of any intellectual property rights held by Delysis by ValueFeet in the SCANNER or its components. If you communicate to Delysis by ValueFeet an idea, a proposal or a comment (together the "Suggestions"), concerning possible improvements to the SCANNER, you grant to Delysis by ValueFeet, free of charge and without right to any royalty or other benefit , all intellectual property rights relating to these Suggestions, including the right to make or have made changes to the SCANNER based on your Suggestions.
No access to emergency services:Delysis by ValueFeet is under no obligation to provide emergency services.
Various :. Delysis by ValueFeet is authorized to assign, transfer or otherwise dispose of its rights and obligations under the Agreement, in whole or in part, at any time and without notice. On the other hand, you are not authorized to assign, transfer or dispose of all or part of the rights resulting from the Contract. These Terms constitute the entire agreement between you and Delysis by ValueFeet with respect to the sale of the SCANNER. If a court of competent jurisdiction finds that we cannot enforce any provision of these conditions as worded, it will be replaced by a provision whose terms approximate as closely as possible the intention of the provision found to be unenforceable, but the other clauses of these conditions will not be modified in any way. These Terms are entered into exclusively for the benefit of the parties hereto. They may not benefit any other person except the successors and assigns of Delysis by ValueFeet.
Export regulations:You agree to comply with all national and international export laws and regulations, including restrictions on end users, end uses and destination countries.
Applicable law and resolution of Disputes:. The Contract is subject to French law, excluding conflict of law rules. Considering that customers domiciled in France buy the SCANNER for the purposes of their farriery activity, the provisions of the French consumer code are not applicable, in particular the right of withdrawal stipulated in articles L.221-3 and L.221- 5 2° of this code. Any dispute concerning the Contract will fall under the exclusive jurisdiction of the Commercial Court of Bordeaux, France.
Warranty: THE LEGAL WARRANTY AGAINST HIDDEN DEFECTS APPLIES TO THIS SALE. YOU ACKNOWLEDGE AND AGREE THAT THE COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FREE FROM DEFECTS AND THAT INTERRUPTIONS OF SERVICE MAY OCCUR FROM OCCASIONAL. WE CANNOT GUARANTEE THAT THE SCANNER WILL NEVER HAVE MALFUNCTIONS. WE DISCLAIM ALL WARRANTIES OTHER THAN THOSE EXPRESSLY STATED IN THESE TERMS. ARE NOT COVERED BY THE WARRANTY: Damage to the SCANNER suffered by a third party, or resulting from intentional or fraudulent fault; Maintenance costs and repair of damage resulting from poor maintenance, use or installation not in accordance with the instructions for use, modification to the SCANNER or intervention carried out by a third party not approved by Delysis by ValueFeet; Data loss; The replacement of consumable parts and/or wear parts; SCANNERS whose serial number has been defaced, altered or removed; Damage originating from an external cause. Delysis by ValueFeet cannot be held liable in any way for any damages arising as a result of the client's activity. Delysis by ValueFeet undertakes only to provide software enabling the customer to model the horses' feet, and to configure the shoes that the customer designs himself, for their subsequent manufacture in accordance with the customer's specifications.