Terms and Conditions
These terms and conditions govern the contractual relationship between:
- DEXXON Groupe, a limited company, with its head office located in GENNEVILLIERS (92230), 79 avenue Louis Roche, France, with a share capital of €48,805,054 – registered at the Register of Commerce and Companies of Nanterre under number RCS NANTERRE 380 586 834, owner of the brand EMTEC under which products are sold, hereinafter referred to as the “Seller”.
- And, any individual acting as a consumer, hereinafter referred to as the “Purchaser” wishing to make a purchase on the website www.emtec-gembox.com, hereinafter referred to as the “Website”.
These Terms and Conditions apply to all orders placed by the Purchaser on the website http://www.emtec-gembox.com.
These terms and conditions constitute the entire obligations between the parties. Any order placed on the website by a Purchaser implies the irrevocable and without restriction acceptance of these Terms and Conditions.
These Terms and Conditions become applicable as soon as they are published online. The Seller reserves the right to change the Terms and Conditions at any time. The applicable Terms and Conditions are those in effect on the site at the time the Purchaser places the order
By placing an order, the Purchaser declares he or she has the legal capacity to enter into this contract, not to purchase products in order to sell them on, not to act as a professional or representative of a corporation, and placing an order for private, normal and reasonable use of the products.
Article 1 – Products
The products offered for sale are those listed on the site www.emtec-gembox.com on the day the user consults the Website.
The products are offered for sale within the limits of available stocks. The inventory management system does not allow for continuous and immediate updates, it is therefore possible that products appearing as in stock are in fact no longer available, in this case, the Purchaser may then cancel the order as per Article 7.
Article 2 – Product features
The products are described and presented with the greatest accuracy possible. However, if errors or omissions were to occur in this presentation, the Seller could not be held liable. The photographs and texts illustrating the products only have indicative and no contractual value. The characteristics of the products sold on the Website may be changed by the Seller at any time.
Article 3 – Order
Products are ordered online, through the website www.emtec-gembox.com.
Any order implies the full, complete and unrestricted acceptance of these Terms and Conditions. The Purchaser declares having read and accepted these Terms and Conditions before placing an order. Validating the order implies express acceptance of the Terms and Conditions.
The Purchaser shall choose the delivery address and method, and lastly validate the payment method. Any order implies acceptance of the prices and descriptions of the products. The Seller undertakes to inform the Purchaser of the availability of the product as soon as the order is validated on the Website, within the provisions if Article 7. Should the ordered product be unavailable, the Purchaser shall be informed by email or by phone of the new lead- time and of the possibility to exchange the product or obtain a refund.
For any question regarding the the tracking of an order, the Purchaser can call the Seller at +33 (0)1 41 32 22 20 (price of a local call if calling from France. Additional charges may apply when calling from another country ).
Orders shall only be taken into account after final acceptance of the payment. Seller reserves the right to refuse an order placed by a Purchaser when there is an ongoing dispute relating to a previous order, an unauthorised payment or any other dispute related to payment. The Seller reserves the right to refuse all or part of an order that might be deemed abnormal with regards, inter alia, to the quantity of products usually ordered by the Purchaser.
Customer may, in some cases, pre-order on the website a product that is not yet available for sale in order to reserve it for the day of its official release. Said product is then made available or delivered to the Customer under the conditions set out in Article 8 of the General Terms.
If, in very exceptional cases, the pre-order cannot be honored by Dexxon, the Customer will be fully refunded by bank transfer without any additional charge for the Customer.
Article 4 – The steps of placing an order
Adding products to the basket
The Purchaser chooses the products he or she wishes to purchase by clicking on the button “PREORDER” or “BUY” appearing next to each product and on the header of the website. The “cart” page summarizes all the products selected by the Purchaser, their prices and quantities. On this page, the Purchaser can change the quantity or remove products from the basket. The “cart” page reloads itself automatically to take account of the changes made by the Purchaser. The Purchaser can then confirm the order by clicking on the button “PROCEED TO CHECKOUT”.
Creation of a personal account
Once the order is validated, the Purchaser is redirected to an identification page where the Purchasercan:
– Enter e-mail address and password to log in if he/she is an Existing customer
– Purchase as a guest by indicating the essential details to place his order. If the Purchaser wishes so, he/she will be able to register and save his/her details by creating an account.
The information form invites the Purchaser to indicate his or her title, name, address, phone number and email address. The Purchaser agrees to provide accurate information and notify the Seller of any changes.
To validate the creation of his or her personal account, the Purchaser must choose a password. The email address and password chosen by the Purchaser allow him or her to access his or her personal account.
The Purchaser can modify information about him or her by connecting to his or her personal account using his/her username and password.
The Purchaser must not disclose or assign their username or password to a third party. The purchaser is responsible for the use, safe-keeping and non-disclosure of his or her username and password. If the user notices unauthorized use of his or her personal account, he or she undertakes to immediately notify the Seller at the following address email@example.com. The Seller shall not be held liable for fraudulent use of a Purchaser’s personal account.
Payment of the order
Once the personal account created and validated, the Purchaser is redirected to a page summarising his or her billing and delivery address(es). The Purchaser is then invited to choose the delivery mode according to the country of shipping. After validation, the Purchaser is redirected to a page summarising the order. This page indicates the billing address, the delivery address, the content of the cart and delivery charges. The Purchaser is invited to tick the box “I have read the return policy and the Terms and Conditions and accept them without reservations”. The Purchaser is then invited to pay for the order via the button “Pay by card”. and will be redirected to the secured payment page or to the PayPal page.
The Purchaser is invited to enter the type of bank card, card number, CVV number (last 3 digits of the number at the back of the card), expiry date, and to confirm payment. The Purchaser confirms to the Seller that he or she is the card holder. The provision of this information constitutes acceptance for the debit of the bank account up to the amount of the products ordered under the provisions of the n°2000-230 Act of March 13th, 2000 regarding electronic signatures and adapting the Law of Evidence to information technologies.
Purchaser may cancel the order and return to the Website before the final validation of the order.
After confirmation of the payment by the Purchaser, the data is transmitted to a secured payment organization that validates the data or not. If payment is accepted, the bank addresses an email to the Purchaser with the payment receipt. If payment is refused, the Purchaser is automatically informed of the refusal and redirected to the Website.
The Seller also addresses an email to the Purchaser confirming the order and summarising the details of the cart (ordered products and prices), the cost of delivery, web order number, delivery address and billing address. All data related to the order is retained by the Seller with the exception of bank information.
Article 5 – Price
Product prices may be modified at any time. However, the products shall be charged at the price listed on the Website at the time of confirmation of the order, subject to availability of the product on that date and subject to the price displayed on the Website not being ridiculously low and/or obviously wrong.
Prices are indicated in different currencies and inclusive of taxes (French VAT and / or other local taxes), excluding shipping costs which are charged separately and indicated before the validation of the order. Prices are inclusive of French VAT at the rate applicable at the date of the order and any change in the VAT rate shall be reflected in the price of products. The full price must be paid in full when ordering. At no time, payments can be considered as deposits. The Seller retains ownership of the products until full payment of the order by the Purchaser.
If the purchased product is shipped outside the European Union, the Purchaser may be subject to custom duties and import taxes. Customs duties, other local taxes, import duties, or state taxes may also be payable. These duties and amounts are to be borne by the Purchaser who is responsible both in terms of declaration and payment to the authorities and relevant bodies in the Purchaser’s country. We advise you to seek information about these issues from local authorities.
Article 6– Means of Payment
The product can be purchased with:
– Bank card: Debit card, e-bank card, Visa, Mastercard. The bank account of the Purchaser shall be debited after validation of the order via the payment platform PayPal.
In order to ensure the safety of payments, DEXXON uses the secured payment service PayPal. Bank data is encrypted (SSL security standard). By Selecting PayPal, the Purchaser is automatically redirected to the PayPal page.
The Seller reserves the right to suspend any order and delivery in case of unauthorised payment or if a payment dispute is ongoing.
Article 7 – Availability of the products
Delivery lead times are set for guidance only and provided the products are available. Shipping lead times run from the date of recording of the order indicated on the order confirmation email. In case the ordered product is or becomes unavailable, the Purchaser will be immediately informed of the next date the product will become available again. The Purchaser will have the option to ask for the reimbursement of the sums paid within 14 calendar days of the payment.
Products available for preorder will be labeled as such on the website with « PRE ORDER » and are available within the limit of available stock. In case of price modification, the valid price will be that of the day the order is placed. Preordered products will be delivered starting from September 2016. The Customer will receive their purchases pre-ordered within the time specified in Article 8.
Article 8 – Delivery
Delivery can only made after confirmation of payment by the bank to the Seller. All our deliveries are handled by our service provider Chronopost*. DEXXON cannot be held liable for any late delivery regardless of the reason.
The products are delivered to the address specified by the Purchaser when placing the order on the Website, the Purchaser shall ensure this address is accurate. Any package returned to the Seller due to an incorrect or incomplete delivery address may be reposted at the expense of the Purchaser.
For deliveries in France: The Purchaser has the choice between a classic or an express a home delivery via Chronopost* (depending on the Purchaser’s choice of). When the order is placed, the Seller indicates the date at which the purchased product shall be delivered at home. The delivery lead-times, provided the products ordered are in stock and without force majeure, are the following**:
France: Next day delivery before 1pm for any order placed and confirmed before 1pm. Someone will have to be at home to sign for the delivery.
For deliveries in Europe:
The Purchaser has the choice between a classic or express home delivery via Chronopost*. When the order is placed, the Seller indicates the date at which the purchased product shall be delivered at home.
Except in cases of force majeure, and when products are in stock, indicative delivery lead times shall be as follow**:
– Classic: Fast delivery to 27 European countries (from 2 to 6 business days). For example, delivery to Berlin, Brussels or London in 3 days for any order placed and confirmed before 1pm.
– Express: Delivery between 1 to 3 business days for any order placed and confirmed before 1pm.
The Purchaser can track his or her parcel from the Chronopost website*: (http://www.chronopost.com) by entering the 13 digits tracking number. This number is communicated to the Purchaser in the dispatch confirmation email and is also available in the personal account page on our Website.
Regardless of whether it is a classic or an express home delivery, The client is informed of the date of delivery, by SMS or email sent by Chronopost*.
For home deliveries, the Purchaser must be at home on the day of the delivery to sign the delivery note. If the Purchaser is absent, the delivery person shall leave a note in the letter box. This note can then be used to pick up the parcel at the location and during the period stated on the note. It is the responsibility of the Purchaser to pick up the parcel within the stated period. Should the pick-up period expire, the parcel shall be returned to the Seller. The Seller shall then contact the Purchaser.
In case of delayed shipment, the Seller shall contact the Purchaser and propose possible changes to the delivery date. In case of delayed delivery, the Purchaser is invited to contact the Seller by phone on the non-premium rate number given in the order confirmation, or by email at the following address: firstname.lastname@example.org . The Seller will then indicate to the Purchaser the procedure to follow.
If at the time of delivery, the original packaging is damaged, torn or opened, the Purchaser must refuse the delivery of the parcel and indicate his/her reasons for refusal on the delivery note (parcel refused because it is opened or damaged). The Purchaser must then contact the Seller within 14 days from receipt of the product, by phone on the non-premium rate number given in the order confirmation, or by mail at the following address email@example.com to inform the Seller of the situation. The Seller will then indicate to the Purchaser the procedure to follow for an exchange or a refund.
If the Purchaser decides to keep an opened or damaged parcel, no claim or reimbursement request can be made to the Seller.
*Deliveries will be provided by Chronopost, unless technically not feasible. In that case, deliveries will be provided by another authorized carrier.
**Preordered products will be delivered starting from September 2016.
Article 9 – Compliance of the products
The Purchaser benefits from all legal warrantees provided by the Law. The Seller agrees to refund or exchange defective products or products that do not match the order of the Purchaser. For inquiries please email us at firstname.lastname@example.org, or contact us via the Twitter account of our after-sales service (@EMTEC_Support) stating your order number, to know the details of the procedure.
The product shall be returned to the following address, DEXXON Groupe – 79 avenue Louis Roche – 92230 Gennevilliers – FRANCE, with all provided accessories, packaging and manual. The cost of return and any additional charges are the responsability of the Purchaser. A proof of purchase in the form of an invoice, as well as the delivery note must also be sent. The EMTEC serial number on the product should be intact and readable for the warranty to be applicable.
The status of each returned product (failure upon unpacking or other product failure) will be valid only after full diagnosis from our technical department.
After diagnosis, DEXXON shall replace or repair the defective product. DEXXON’s decision to either replace or repair the Product is final. Products without a confirmed failure status will be returned at the Purchaser’s expense.
Not being able to use the service because of poor DTTV coverage, low ADSL bandwidth, or bad Wi-Fi reception is not considered to be a failure. DEXXON shall in no way be held liable for access conditions services related to the internet, links to Services and any malfunction relative to the supply of links and Services. Speeds are theoretical maximums speed and are only given as a guide only with the mention “up to”, they cannot under any circumstances give rise to a claim.. Depending on the method of calculating the GB and the type of formatting (low and high) there is always a gap between the value of gross memory displayed on the packaging and the formatted capacity. This difference in value shall not give rise to a claim.
The following are excluded from warranty:
• Damages resulting from installation or start-up non-compliant with the manufacturer’s instructions, carried out negligently (connection errors, antenna failures, etc.), or resulting from the incompatibility of the equipment used with EMTEC Products.
• Damages due to the intervention of a repair company non-authorised by the manufacturer, alteration or repair carried out without the agreement of EMTEC. EMTEC products should be used with equipment meeting the standards of the computer industry.
• Malfunctions caused by the use of the product in abnormal, excessive, or inadequate conditions, or resulting from the lack of maintenance or cleaning of the device.
• Damages due to accident, improper operation or negligence.
• Damages caused by a third party, resulting from wilful misconduct, fraud, or an act of vandalism.
• Damages resulting from a force majeure event (fire, lightning, storm) or a power surge.
• Damages resulting from slow corrosive oxidation.
• Direct and indirect, material and immaterial damages resulting from the failure of the device.
• Damages resulting from unreasonable and abnormal use of the device.
• Damages regarding the loss or destruction of stored data, as well as damage to the software. The customer is responsible for the regular backup of the data on his or her hard drive or on the internal memory of the device, and before sending the device to the After-Sales Service.
• Cosmetic damage such as scratches, chipping, cracks, torn or detached elements which are not detrimental to the operation of the device.
• The replacement of accessories, removable elements and consumables such as: batteries, remote controls, cables, headphones, etc.
• Virus infections or use of the product with software not provided by EMTEC and any resulting damage.
The replaced or repaired product shall be shipped at EMTEC’s expense, and the remaining warranty conditions shall continue from the original purchase date stated on the invoice.
The Purchaser is expressly informed that the Seller is not the manufacturer of the products within the meaning of Act No. 98-389 of 19 May 1998 concerning liability for defective products.
Legal compliance warranty:
Article L211-4 of the French Consumer Code
“The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.”
Article L211-5 of the French Consumer Code
“To be compliant to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, when appropriate:
– Match the description given by the seller and have the features that the seller presented to the Purchaser in the form of a sample or model;
– have the features that a Purchaser might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;”
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the Purchaser which was made known to the seller and which the latter agreed to.”
Article L211-12 of the French Consumer Code
« Actions resulting from a defect in conformity lapses two years after delivery of the Product.”
Legal warranty against latent defects
Article 1641 of the French Civil Code
“.”A Seller is bound to a warranty on account of the latent defects of the good sold which render it unfit for the it was intended for, or which impairs that use to such extent that the buyer, if he had known about the defects, would have never acquired it or would have given a much lesser price for it.
Article 1648 of the French Civil Code
“The action resulting from redhibitory vices must be brought by the Purchaser within a period of two years following the discovery of the vice”
Article 10 – Right of cancellation
In accordance with legal provisions, the Purchaser shall have 14 days from receipt of the order, to exercise his right of cancellation. After this period, the products will be deemed compliant and accepted by the user and DEXXON reserves the right to refuse an exchange or refund.
In case of cancellation, the Purchaser is invited to contact the Seller by email at email@example.com, or by phone on the non-premium rate number provided during the order confirmation, or via the Twitter account of our after-sales service (@EMTEC_Support) stating your order number, to know the details of the procedure.
The product shall be returned to the following address, DEXXON Groupe – 79 avenue Louis Roche – 92230 Gennevilliers – FRANCE, in its original packaging and with all parts, accessories and manuals, in perfect resale condition. Any product that has been damaged, or with damaged original packaging, shall not be refunded or exchanged, subject however to a damaged delivery as described in article 8. The product must be sent alongside the invoice, the delivery note and the cancellation form (template provided below) or any unambiguous statement expressing willingness to cancel.
Only the price of the product purchased and shipping costs shall be reimbursed. The cost of return for cancellation and any additional charges (custom duties for example) are the responsibility of the Purchaser.
After receipt and verification of the returned product, it shall be refunded directly to the bank or PayPal account used for the payment as soon as possible and no later than within 30 days of the cancellation.
Cancellation form template:
DEXXON Groupe – 79 avenue Louis Roche – 92230 Gennevilliers – FRANCE.
I hereby inform you of my decision to cancel the purchase contract of the following item:
Ordered on… and received on…
Article 11 – Severability of the terms and conditions
If one or more provisions of these Terms and Conditions are declared invalid by a final decision of a competent court, the remaining provisions shall remain in full force and effect.
Article 12 – Personal data
Personal data collected on this website is handled by computer processing for order management and prospecting purposes.
In accordance to the Loi Informatique et Libertés (the French Data Protection Act) of January 6th, 1978, Users have a right of access and rectification to his/her personal data.
Any User who wished to correct his/her personal data may do so by sending a mail at firstname.lastname@example.org. User must make sure that his/her request includes his/her GEMBOX account, the personal data to be modified and the data to be replaced with. Any User who wishes to delete his/her personal data on the GemBox website must send a written notice to the following address:
79 avenue Louis Roche
The request must include the following:
- The URL link where the data is stored
- Date of request
- User’s name
- User’s email
- User’s postal address
- User’s signature
Any User may, for legitimate reasons, refuse to have his/her personal data collected. For more information, make sure to visit https://www.cnil.fr
Article 13 – Non Waiver Provision
The fact for either party not to claim a breach by the other party of any of the obligations contained in these Terms and Conditions shall not be construed in the future as a waiver of the requirement in question.
Article 14 – Applicable law
These Terms and Conditions are governed by French law, excluding the provisions of the Vienna Convention. The language of the Terms and Conditions is French. In case of dispute concerning the validity, interpretation, execution of the Terms and Conditions the parties shall, before any court proceedings, try to find an amicable solution. Otherwise, the Court of Nanterre (92) is the only competent court.