Please read this document carefully. It contains important information regarding your legal rights and obligations, as well as conditions, limitations, and exclusions. These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By purchasing products or services through this website, you accept and are bound by these terms. If you do not agree with these terms, do not purchase products or services through this website.
II. Order and payment
Placing an Order/Confirmation: 2.1. Before placing an order on the Website, the Customer is responsible to verify that the details of the order and the prices in the shopping cart are accurate. Once the Customer places the order, the order cannot be modified, and the Customer is responsible for it. 2.2. After an order is placed, Devialet will send an electronic confirmation of the order (the “Order Confirmation”) to the e-mail address provided by Customer. The Order Confirmation confirms receipt of the Customer’s order by Devialet, but does not automatically result in its acceptance by Devialet. Devialet reserves the right at any time after receiving an order placed by Customer to accept or refuse the order for any reason, including but not limited to the reasons set forth in these General Terms of Sale. 2.3. Devialet reserves the right to modify the prices of Products at any time and to correct pricing errors that may inadvertently occur. The purchase price of a Product will be the price listed on the Website at the time the Customer places an order for such Product, as confirmed in the Order Confirmation issued to the Customer. 2.4. Invalid information provided by the Customer when placing an order may result in a delay in the processing of the order. Devialet will not be held liable for any delays caused by the Customer. 2.5 In the event that a Product is listed at an incorrect price due to an error, Devialet shall have the right to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the Customer has received an Order Confirmation and/or whether the Customer’s payment method has been charged. If you have been charged for an incorrectly priced Product and your order is canceled, Devialet shall promptly issue a refund in the amount of the incorrect price. Stock and fraud control: 2.6. The Customer acknowledges that the Products offered for sale are subject to availability. 2.7. If a Product is out of stock, Devialet will endeavor to inform the Customer prior to sending the Order Confirmation. 2.8. Devialet reserves the right to cancel or to refuse to carry out any order containing incomplete or invalid information from the Customer (e.g., invalid or missing e-mail address, billing or shipping address, or other essential information), or any order placed by an insolvent Customer or a Customer with whom Devialet has had prior payment issues or disputes. In such event, an e-mail will be sent to the Customer with notification of the order cancellation or refusal. In order to prevent fraud cases, Devialet is entitled to (i) request further information from a Customer and/or (ii) to limit an abnormally high number of orders. 2.9. Devialet reserves the right to limit the quantity of Products ordered and the right to refuse to sell Products to any Customer under the circumstances described in the aforementioned provisions. If an order cannot be carried out or is cancelled or refused by Devialet, Devialet will notify the Customer by using the e-mail address provided by the Customer. The Customer will not be charged if his order has been cancelled or refused by Devialet. If the Customer was already charged for an order which is later cancelled or refused, Devialet will make a total refund. Payment: 2.10. Various secured methods of payment are available for the purchase of Products through the Website, including payments by credit cards and debit cards. Devialet will not charge the Customer until after he has placed an order for a Product through the Website, and the order has been received by Devialet, as confirmed by the Order Confirmation. Devialet will not fulfill a Product order until payment in full has been validated and charged by Devialet. The prices of the Products appearing on Devialet’s Website are shown in USD, all sales taxes included. All orders must be paid online in USD by one of the authorized means of payment offered on the Website.
III. Delivery and Shipment
Territories covered for Delivery: 3.1. Devialet only accepts orders for delivery in the territories to which it sells through the Website. The list of eligible countries is subject to modification from time to time by Devialet. Orders for delivery to countries not included in the list cannot be processed by Devialet at this time. The Customer is solely responsible for any shipping fees, custom duties, and miscellaneous taxes for the return of a Product transported outside the United States. The Customer is solely responsible for ensuring that the Product arrives safely at Devialet’s return center. Delivery: 3.2. An order will generally be delivered by the delivery date stated in the applicable Order Confirmation. Delivery dates are estimates only and may depend on events outside of Devialet’s control, such as the carrier in charge of the delivery and the Customer’s location. Devialet is not liable for any shipment delays. If Devialet is unable to meet an estimated delivery date, Devialet will contact the Customer with a revised estimated delivery date. If Devialet is unable to deliver an order within thirty (30) days from the date of the Order Confirmation, the Customer is entitled to cancel his order, upon which he will be refunded the amount of the canceled order. 3.3. The delivery will be fulfilled when the order is delivered to the delivery address provided by the Customer. 3.4. If no one is available at the Customer’s address to sign for the delivery, the carrier will leave a delivery note with instructions for Customer to reschedule delivery within a time period specified by the carrier or alternatively to pick up the order at the local depot as instructed by carrier. 3.5. If the Customer fails to pick up the order or to accept a rescheduled delivery within the time period specified by the carrier or by Devialet, then Devialet reserves the right to terminate the order, and to subsequently reimburse the Customer and resell the Product, unless the Customer notifies Devialet before the last day specified by the carrier of his intent to agree on a new and final delivery date. 3.6. The Customer shall verify that the order delivered conforms with the order placed, as shown in the Customer’s Order Confirmation. 3.7. If the order delivered does not conform with the Customer’s Order Confirmation (e.g., the wrong Product was received), or if the Product or the packaging of the Product is damaged on delivery, it is the Customer’s responsibility to promptly inform Devialet that Customer is declining the delivery. 3.8. The Customer shall verify the Product’s conformity within five (5) days from the date of delivery and shall express any claim to Devialet via https://help.devialet.com/hc/en-us/requests/new or by sending a letter addressed to: DEVIALET – Support – 92 Greene Street, New York 10012 NY 3.9. Any Product which has been damaged during transportation or any non-conformity of the Product with regards to the Order Confirmation, and whose delivery has been declined by the Customer will be replaced or refunded by Devialet at no additional cost. Such return of the Products shall be made through Devialet’s Customer Service or as otherwise instructed by Devialet. 3.10. If the Customer fails to decline the delivery of a damaged or non-conforming Product or a damaged packaging within the five (5) day period, a replacement or a refund of the Product will be at Devialet’s discretion and might incur extra charges for the Customer.
IV. Risk and Title
Retention of title: 4.1. Unless otherwise specified by Devialet in writing, title to the Products shall pass to the Customer when all sums due by the Customer to Devialet are paid, including all applicable delivery charges. Devialet reserves the right to retake Products at the Customer’s expense or suspend a delivery, in case of payment default. Transfer of risks: 4.2. Risk of loss will pass to Customer upon the delivery of the Products to the delivery address stated in the Order Confirmation.
Return period: 5.1. The Customer has the right to return a Product within fourteen (14) calendar days, starting from the order delivery date. In case of multiple Products ordered in a single order, the return period will end on the 14th day after the date the Customer has received the last Product in the order. Conditions of Returns: 5.2. The Products to be returned under Article 5.1 above must be returned in their original condition with their original packaging. Original packaging shall include the original box, the box cover, and the Product’s dust bag that was delivered with the Product. In the case where the serial number is missing or if the original packaging of the Product is missing or where there has been damage to the Product, Devialet reserves the right to refuse the refund or to reduce the amount of the refund. 5.3. To request a return, the Customer must contact Devialet via https://help.devialet.com/hc/en-us/requests/new or send a letter addressed to: DEVIALET – Support– 92 Greene Street, New York 10012 NY The request to return will be deemed effective from the date of the email confirmation of the request or from the date the letter was posted by the Customer to Devialet. 5.4. The Product must be returned to Devialet without excessive delay, through Devialet’s Customer Service and/or, in any case, according to Devialet’s instructions and requirements for shipment which will be communicated by Devialet’s Customer Service. 5.5 If the Customer decides to arrange shipment on his own (rather than as instructed by Devialet), it is his responsibility to cover the shipment fees, to prepay any charges related to the return including customs duties, insurance of the shipment and accept the risk in case of a damaged or lost Product during transit. In case of a lost/damaged shipment, it is the Customer’s responsibility to solve the problem directly with the carrier that he has chosen. 5.6. Provided that the conditions set forth under this Article 5 are fulfilled, the purchase price of the Products and any applicable charges paid by the Customer will be fully refunded by Devialet, except for the shipping fees and other associated fees incurred by the return to Devialet, such fees being at the expense of the Customer. 5.7. A refund will be processed by Devialet as soon as possible, and in any case, no later than thirty (30) days starting from the date the Customer makes the return request to Devialet, provided the returned Product has been received by Devialet in accordance with Section 5.4. A refund will be credited to the same payment method used by the Customer for the original order, as indicated in the Order Confirmation. Extended return period for certain products: For certain specified Devialet Products, the Customer benefits from a 45 Day Phantom Risk-Free Trial which allows a Customer to return the products within 45 days from the date of receipt, rather than the normal 14 days. The conditions of the 45 Day Phantom Risk-Free Trial and a list of the specified Products covered are available at: https://store.devialet.com/eu_en/45-day-free-trial/ The 45 Day Phantom Risk-Free Trial may only be applied to one occasion per Customer and may not be repeated, regardless of the quantity of Products ordered. The 45 Day Phantom Risk-Free Trial does not apply to Products purchased via Amazon, FNAC or Apple.
VI. Force majeure
Devialet shall not be responsible or liable to Customer, nor shall Devialet be deemed to have defaulted on or breached these General Terms of Sale, for any failure or delay in its performance under these General Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Devialet, including, but without limitation, acts of God, war, invasion, insurrection, riot, order of any civil or military authority, flood, fire, natural disasters, explosion, governmental actions, terrorist threats or acts, national emergency, revolution, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. The acceptance of the delivery of the Products by the Customer shall be deemed as a renunciation of all complaints against Devialet for loss or damages due to any delay.
VII. Limited Warranty and Devialet Care
LIMITED WARRANTY 7.1. Devialet warrants that upon delivery and for a period of 24 months from the date of delivery (the “Warranty Period”) the Products purchased hereunder will conform in all material respects to the applicable manufacturer’s specifications for such goods and will be free from material defects in workmanship, material and design under normal use. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. 7.2. This warranty does not cover damage resulting from normal wear and tear, as well as damage inflicted on or resulting from accident, mishandling, improper use, negligent handling, lack of reasonable maintenance and care, or abuse by anyone other than Devialet. 7.3 The 24 month Warranty Period shall commence upon the date of delivery of the original Product, and will not be extended following any exchange or replacement of the original Product during such Warranty Period. 7.4 Costumer’s sole and exclusive remedy under the Warranty Period, and Devialet’s sole and exclusive responsibility under the Warranty Period is that Devialet will, at Devialet’s option, either repair or replace the defective Products. Any replacement may be, at the option of Devialet, a new or remanufactured Product. For all warranty inquires, the Customer must contact Devialet via https://help.devialet.com/hc/en-us/requests/new or by sending a letter addressed to: DEVIALET – Support – 92 Greene Street, New York 10012 NY Devialet Care 7.5 In addition to the warranty described above, a Customer may purchase “Devialet Care” to obtain additional protection for certain products, subject to the terms set forth on the Website at the following link: https://store.devialet.com/eu_en/devialet-care.html 7.6 Devialet Care shall be valid from the commencement of the date stated in Article 7.3, provided that it was purchased in accordance with the terms set forth in the link provided in Section 7.5 above.
VIII. Limitation of Liability
8.1. Devialet shall not be held liable for any loss or damage caused to the Customer or third parties due to misuse of the Products. In any case, Devialet’s direct liability is limited to (i) refund of the purchase price for the Product(s), (ii) repair of the Product(s) or (iii) replacement of the Product(s), as decided by Devialet; provided, however that such Product(s) must be returned to Devialet according to the provisions of these General Terms of Sale. Devialet shall not be liable for any indirect damages suffered by the Customer. 8.2. The Customer’s statutory rights based on applicable law are not superseded by any limit contained in these General Terms of Sale. Nothing in these General Terms of Sale shall limit or exclude Devialet’s liability (i) for death or personal injury caused by Devialet’s negligence, (ii) for fraud, (iii) for any breach of the obligations implied by applicable compulsory national laws or (iv) any liability which cannot be excluded by law. 8.3. Devialet shall not, in any case, be liable for damages arising out of its control, such as services which are rendered by third-parties for the execution of an order (such as the carrier or the company in charge of the online payments).
IX. Data protection
X. Governing law / Jurisdiction
These General Terms of Sale shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
XI. Waiver of Jury Trials and Binding Arbitration
11.1 YOU AND DEVIALET ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 11.2 The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures (“Commercial Rules”). The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 11.3 You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR DEVIALET WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
XII. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
Last Updated Date: 15 November 2017