DEVIALET REPAIR PROGRAM TERMS AND CONDITIONS

The website of Devialet, which can be found at http://devialet.com (the “Website”), is a platform created, developed and operated by Devialet (”Devialet” or “us” or “we” ), a French company having its registered offices located at 10, Place Vendôme 75001 Paris, France, registered at the Paris Trade and Companies Register under number 502 155 682.

These Terms and Conditions of the Devialet Repair Program (the “Terms and Conditions”) create a contract between you as the customer (the “Customer”) and Devialet. The Customer shall be defined as a final user who is a physical person that currently owns a Devialet Phantom I product or a Devialet Phantom II product (the “Product”).

I. The Program
The Devialet Repair Program (the “Devialet Repair Program”) is a service which is available on the Website and consists of:

• A paid repair program in which Devialet may, at its own discretion, repair technical or/and esthetical damages (the “Repair”) of a Product that is either under warranty or without a warranty.

The Devialet Repair Program is at cost for which a fee is communicated by Devialet to the Customer in advance of Devialet confirming the Repair of the Product. The validity of Devialet’s offer to include the Product in the Devialet Repair Program is subject to the advance payment of the fee, stated in Article 4, by the Customer. Devialet reserves the right to reject or/and cancel a Product confirmed for the Devialet Repair Program if payment in full has not been made. The Customer has a right to withdraw from the Devialet Repair Program up until complete payment of the applicable fee. Once the payment for the Devialet Repair Program has been completed by the Customer, then the Customer explicitly acknowledges that he/she will not have the right to withdraw from the Devialet Repair Program.

Devialet only makes available the Devialet Repair Program in the territories to which it sells to through the Website. The list of eligible countries is subject to modification from time to time by Devialet. Devialet cannot perform a Repair on a Product that is located in a country not covered by the territories available on the Website.

II. Term
The Devialet Repair Program will continue in effect, under the present Terms and Conditions, until the 30 June 2022.

The Devialet Repair Program is limited in time and upon the availability of stock. Devialet reserves the right to, at any time, modify, change, add or remove portions of the Devialet Repair Program.

III. Order of the Devialet Repair Program and Shipment
The Customer can benefit from the Devialet Repair Program by contacting the Customer Service and Support of Devialet to conduct an initial diagnosis of the damages noticed on the Product. Devialet may, at its own discretion, reject a Repair of a Product if a Repair is deemed not possible, in such event where a Repair is deemed not possible then Devialet can offer the Customer to exchange his/her Product with the then applicable exchange fee. Such exchange fee will be communicated by Devialet to the Customer.

In such event where Devialet confirms that a Product is eligible for the Devialet Repair Program, then the Customer is requested to provide photos of the Product to Customer Service and Support and to further inform Devialet about the need for the packaging for the shipping. In any case, Devialet will provide the Customer with additional packaging for the shipping of the Product to Devialet. Devialet will cover the shipping fees and the pick-up of the Product with an accredited shipper and will provide the Customer with a shipping label. Customer shall properly package the Product as per the instructions given by Devialet to the Customer. In such event where the Customer ships the Product in another packaging or by another means of shipping than that offered by Devialet, then any damage or loss occurred to the Product is not the responsibility of Devialet. The Customer has fourteen (14) business days to contact the accredited shipper and plan the pick-up of the Product as from receipt of the shipping label and packaging issued by Devialet. After this delay the Devialet Repair Program is no more available for the Product and the Customer will be reimbursed for the Repair fee exclusive of any shipping fees incurred by Devialet.

The Repair may take between 5-20 business days, depending on the Repair needed for the Product and the territory in which the Customer is located. Devialet will provide the Customer with an estimated date for completion of the Repair of the Product. Devialet cannot be held responsible for any delays related to the Devialet Repair Program or for any delays related to the shipment of the Product.

Once the Product has been repaired, then the Customer Service and Support of Devialet will communicate photos to the Customer of the repaired Product before shipment of the repaired Product to the Customer.

IV. Fees of the Devialet Repair Program
Devialet applies flat fee structures for the Devialet Repair Program. The fees are confirmed in writing by Devialet to the Customer once Devialet has accepted the Product for the Devialet Repair Program. See the fees here: https://www.devialet.com/repair-program/

V. Reporting obligations of Customer and liabilities
The Customer will be responsible for the Product until delivery and handover of the Product at Devialet’s premises. The Customer is obliged to inform Devialet in detail about the model of the Product and the condition and exterior appearance (the “Exterior Conditions”) of the Product or internal damages of the Product (the “Internal Damages”).

Upon the delivery and handover of the Product, Devialet will inspect the exterior appearance and the technicalities of the Product and inform the Customer of any discrepancies between the Exterior Conditions or/and the Internal Damages reported by the Customer and the conditions found during the inspection by Devialet. Devialet cannot be held responsible for any damage caused to the Product during the shipping and for any discrepancy between the Exterior Conditions or/and Internal Damages reported by the Customer and the conditions found by the inspection performed by Devialet.

In such events, where the model of the Product declared is different from the model of the Product received or where the damages reported by the Customer are different from those damages found on the Product, then Devialet will inform the Customer per email about the discrepancy between the declarations made by the Customer and the Product received. If there is a shortcoming of the received payment for the Repair, then Devialet may either request the Customer to pay the applicable difference for the Repair that he has ordered or Devialet may, at its own discretion, ship back the Product to the Customer’s address indicated on the customer’s account on the Website. In such event, the Customer will be reimbursed for the Repair fee exclusive of any shipping fees incurred by Devialet.

VI. Warranty
A warranty of one (1) year is applicable to a Product having undergone a Repair as per the Devialet Repair Program and such warranty shall commence from the date of delivery of the Product after the Repair has been performed by Devialet. The one (1) year warranty excludes the following damages:
- Damages caused to the Product as a consequence of an accident caused by the Customer or a third-party that damages the Product and/or its components;
- Damages related to the appearance of the Product, such as the state of cleanliness of the Product, scratches, bumps; and
- Theft or loss of the Product.

VII. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with French law. In the event where Devialet and the Customer are not able to reach an amicable settlement of their dispute, Devialet and the Customer agrees to submit all and any dispute arising from the conclusion, construction, performance or termination of these Terms and Conditions to the exclusive jurisdiction of the competent Courts of Paris, France, without limiting Customer’s rights under applicable law.

Last date of update: 11 March 2022