DevialetTerms and conditions of Upgrade to Expert Pro with Core Infinity
Date: 16 July 2020
The website of Devialet, which can be found at https://www.devialet.com/ (the “Website”) is a platform created, developed and operated by Devialet (”Devialet” or “us” or “we” ), a French corporation having its principal offices located at 10, Place Vendôme 75001 Paris, France, registered at Paris Trade and Companies Register under number 502 155 682.These Devialet Terms and Conditions of the Upgrade to Expert Pro with Core Infinity (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 Expert device (the “Device”).
1. The Offer
The Upgrade to Expert Pro with Core Infinity offer (the “Offer”) is available on the Website and
consists of:
• the mandatory replacement of the entire electronics except for the phono stage board (the “Replacement of Electronics”);
• the choice of changing the casing (the “Change of Casing”);
• the choice of installing a pre-out board (the “Pre-out Install”)
All these options are part of the Offer available for the Device (the “Upgrade”).
The Offer is at cost for which the price is communicated by Devialet to the Customer. The validity of the Offer is subject to the advance payment by the Customer. Devialet reserves the right to reject or/and cancel a confirmed Offer if payment in full has not been made. The Customer has a right to withdraw from a placed Offer up until the day the Device has been picked up by the accredited shipper. Once the product has been picked up by an accredited shipper to the attention of Devialet, the Customer explicitly acknowledges that he/she will not have the right to withdraw from the Offer.
Devialet only makes available the Offer 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 an Upgrade on Devices located in a country not covered by the territories available on the Website.
2. Term
The Offer will continue in effect until 31 December 2021. The Offer 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 Offer.
3. Order of the Offer
The Customer can benefit from the Offer by accessing his customer account on the Website and insert the serial number of his Device and inform Devialet about the need for packaging for the shipping. Devialet will provide the Customer with the necessary packaging for the shipping of the Device to Devialet. Devialet will cover the shipping fees and the pick-up of the Device with an accredited shipper, subject to the Customer having properly packaged the Device as per the instructions given by Devialet to the Customer.
4. Reporting obligations of Customer and liabilities
The Customer will be responsible for the Device until delivery and handover of the Device at Devialet’s premises. The Customer is obliged to inform Devialet in detail about the model of the Device and the condition and exterior appearance (the “Exterior Conditions”) of the Device.
Upon the delivery and handover of the Device, Devialet will inspect the exterior appearance of the Device and inform the Customer of any discrepancies between the Exterior Conditions reported by the Customer and the conditions found during the inspection by Devialet. Devialet cannot be held responsible for any damage caused to the Device during the shipping and for any discrepancy between the Exterior Conditions reported by the Customer and the conditions found by the inspection performed by Devialet.
In such events, where the model of the Device declared is different from the model of the Device received, then Devialet will inform the Customer per email about the discrepancy between the declaration made by the Customer and the Device received. If there is an excess of received payment for the Upgrade, then Devialet will reimburse the Customer. If there is a shortcoming of the received payment for the Upgrade, then Devialet will request the Customer to pay the applicable difference for the Upgrade that he has ordered. In such event where the Customer refuses to pay the difference for the Upgrade ordered, then the Customer will be charged for the return and the shipping of the Device to the Customer at the address indicated on his/her customer account on the Website.
5. Warranty
The Devialet Warranty of two (2) years applicable to Devialet Expert products having undergone an Upgrade as per the Offer shall commence from the date of delivery of the Device after the Upgrade has been performed by Devialet. The Devialet Warranty of two (2) years is only covering functional aspects of a Devialet Expert who has undergone an Upgrade.
6. 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.
