General terms and conditions of sale – 2021/06/01

For consumer customers

NB: The general terms and conditions for professionals appear at the end of this document.

These General Terms and Conditions of Sale (also referred to hereinafter as the “GTC“) are concluded between OLYTHE, a company registered with the Tours Trade and Companies Register under number 791 392 236, whose contact details are given in the legal notice on the Website, hereinafter referred to as “OLYTHE”, and any natural person acting for non-professional purposes and having the quality of consumer within the meaning of the Consumer Code, who, after having carefully consulted and accepted these General Terms and Conditions of Sale, decides to purchase an OCIGO Product on the Website or via a direct order, hereinafter referred to as the “Customer”.
OLYTHE and the Customer are hereinafter referred to individually as the “Party” or collectively as the “Parties”.

ARTICLE 1. DEFINITIONS

The following terms, whether used in the singular or in the plural herein, shall always have the following definition:

Application: refers to the mobile application for evaluating and monitoring alcohol consumption called “OCIGO”, available via the download platforms of the corresponding operating systems, developed, edited and hosted by OLYTHE, which holds exclusive ownership of it, for which a right of use is granted in accordance with the GTC, used with the OCIGO Product;
Order: means any act of purchase made by the Customer to OLYTHE on the Website or via a direct order, specifying the nature, the price and the quantity of products desired;
General Terms of Use or GTU : designates all the rules and modalities for the provision of the Application;
Agreement: means these GTC, to which are added the General Terms of Use as set out on the Application and the Order, these documents together forming an indivisible whole;
OCIGO Product: means the device connected by Bluetooth to the user’s smartphone as marketed by OLYTHE to the Customer and described on the Website, allowing, together with the Application, the measurement in real time of the alcohol level as well as the mouthpieces which are offered for sale by OLYTHE and, where applicable, depending on the context, the calibration services;
Website: refers to the website published by OLYTHE accessible at the address www.olythe.io on which the Customer can order the OCIGO Product

ARTICLE 2. PURPOSE

The purpose of these GTC is to define the legal and financial conditions under which :

The Customer orders one or more OCIGO Products from OLYTHE and pays the price;
OLYTHE delivers the OCIGO Products to the Customer and makes the Application available.

The GTC are completed by the GTU which determine the conditions of use of the Application and the Order which determines the particular terms agreed between the Parties.

The Contract shall prevail over any condition of purchase or any other document issued by the Customer.

The GTC shall be brought to the attention of these customers with the offer prior to any validation of the Order.

These GTC cancel and replace any previous document and any exchange between the Parties prior to the validation of the Order.

OLYTHE reserves the right to modify its GTC at any time. In case of modification of the GTC, the applicable GTC are those in force at the date of the Order.

ARTICLE 3. DESCRIPTION OF THE OCIGO PRODUCT

Characteristics of the OCIGO Product and mouthpieces

OLYTHE markets a connected breathalyzer designed and marketed by OLYTHE as well as its accessories, namely the replaceable mouthpieces allowing to blow into the OCIGO and the calibration services.

The technical specifications of the OCIGO are specified on the OLYTHE website at www.olythe.io as well as on the user manual, with mention of the essential characteristics.

OLYTHE pays particular attention to the presentation of the OCIGO Products offered on the Website. Due to the colour settings of each computer, the colours of the products displayed on the photos of the Website may differ slightly from their true colours. OLYTHE cannot be held responsible for such minor or insubstantial differences.

The instruction manual is provided with the OCIGO Product at the time of delivery or is available upon request at contact@olythe.com.

OCIGO complies with applicable regulations.

OCIGO Products are offered and delivered while stocks last.

Characteristics of the Application

The Application is more fully described in the GTU. The Customer acknowledges that the Order implies a right to use the Application under the conditions described in the GTU, to the exclusion of any transfer of ownership or intellectual property rights over it.

ARTICLE 4. ORDERING AND PAYMENT

Placing an order

Orders can be placed by the Customer on the Web Site or by returning the order form attached to the offer which will have been either directly requested by the Customer or issued by OLYTHE in the context of a direct canvassing campaign.

Ordering on the Website

To place an order on the Website, the Customer must:

– Select the OCIGO Product and indicate the number of copies desired
– Either add it to the basket, or directly select a means of payment, enter their details and then pay;
– If the OCIGO Product has been added to the basket, the Customer may modify the basket and must then validate the order, enter his/her details and pay.

Direct orders by the Customer

To order directly, the Customer may send an email or telephone to OLYTHE who will confirm the Order by sending an email.

Each offer or order form will include the General Terms and Conditions of Sale as an annex.

The sending of a signed and dated order form or an email confirmation is equivalent to an Order and to the acceptance by the Customer of the GTC in force on the day of the Order.

The order form following an offer sent by OLYTHE following an email or telephone request from the Customer must be returned, signed and dated, before the expiry of the period indicated on this offer. Otherwise, the offer will lapse and OLYTHE will have no obligation to honour the Order, unless expressly confirmed in writing.

Any Order received directly is only final when the signed and dated order form by the Customer is confirmed in writing by OLYTHE via email.

Order Confirmation

Once the full price of an Order has been paid, an email acknowledging receipt of the Order is sent to the Customer by OLYTHE (hereinafter the “Order Confirmation”).

The sale will only be considered final once OLYTHE has sent the Customer an Order Confirmation and the full price has been paid.

In case of unavailability of the OCIGO Product, OLYTHE will inform the Customer as soon as possible and will proceed to the reimbursement of the missing items within a maximum of 14 days after the order.

Means of payment

Payment by credit card
Online payment by credit card is accepted on the Platform. The following are accepted: Carte Bleue, Visa, Mastercard, American Express.
All payments are secured via the payment service provider STRIPE, which is the sole recipient of the Customer’s bank details.
In the event that it is not possible to debit the full price, the sale will be immediately cancelled and the Order cancelled.

PayPal account
Payment via a PayPal account is accepted on the Platform. By choosing to pay via PayPal, the Customer is automatically directed to his/her PayPal account.
In the event that it is not possible to debit the total Price, the sale will be immediately cancelled and the Order cancelled.

Payment by bank transfer
Payment by bank transfer is authorised to the following bank account of OLYTHE: IBAN number: FR76 3000 3021 3000 0208 5962 893
The wording of the transfer must include the Customer’s name and the order number.

ARTICLE 5. DELIVERY

Delivery times

The delivery times for OCIGO Products are indicated at the time of the Order on the Web Site.

Place of delivery

OCIGO Products are shipped to the delivery address indicated by the Customer when placing the Order. OLYTHE shall not be held responsible for the impossibility of delivering the OCIGO Product in case of erroneous information entered by the Customer in the delivery address.
OLYTHE can ship the Product(s) to Metropolitan France (including Corsica).

Delivery Method

OCIGO Products will be dispatched according to the method chosen by the Customer to make the Sales Order.
As an indication, the delivery methods proposed by OLYTHE can be the following:

– Colissimo: delivery within 3 to 5 days from Monday to Saturday;

– Carriers such as UPS, DHL…

Transfer of risks

The risks of loss or damage to the OCIGO Products are transferred to the Customer at the time of receipt of the OCIGO Products concerned.

Apparent defect in the package

The Customer is advised to check the apparent condition of the package upon delivery.

At the time of delivery, if the Customer finds that the package containing the OCIGO Products delivered is damaged or open, the Customer shall have the right to:

– to refuse the package and notify the deliverer of this refusal;

– to make an observation to the deliverer.

Defect of the OCIGO Product

In the event that the Customer notices a defect in the quality and/or conformity of the OCIGO Products delivered by OLYTHE in relation to the Order, he/she must send OLYTHE, in writing to the following e-mail address contact@olythe.com or on the Internet Site from the tab provided for this purpose, a request for non-conformity under the conditions of guarantee provided below.

ARTICLE 6. RETRACTION

In accordance with article L 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from the day after the date of delivery of the Sales Order to return the ordered OCIGO Products, without having to justify his decision.

If the period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
To exercise his right of withdrawal, the Customer must inform OLYTHE of his decision to withdraw by any means. In particular, he may use the following standard form sent to the postal address 240 rue Louis de Broglie, Les Méridiens B, 13100 Aix-en-Provence, France or to the email address contact@olythe.com :

For the attention of the company OLYTHE whose head office is located 240 rue Louis de Broglie, Les Méridiens B, 13100 Aix-en-Provence, France.

I hereby notify you of my withdrawal from the contract for the sale of the goods below:

Ordered on: ……………………………… (to complete)

Received on: ……………………………….. (to complete)

Name of consumer: ……………………………………………. (to complete)

Consumer’s address: …………………………………………………………………………………………………………………………………………….. (to complete)

Signature of the consumer (only if this form is notified on paper)

Date: ……………………………. (to complete)

Model withdrawal form

The Customer may also exercise his right of withdrawal by sending an unambiguous statement by post to 240 rue Louis de Broglie, Les Méridiens B, 13100 Aix-en-Provence, France, or by e-mail to contact@olythe.com.

The Customer must return the OCIGO Product to OLYTHE no later than fourteen (14) days after having communicated to OLYTHE his decision to withdraw.

Procedure for returning the OCIGO Product

The Customer is invited to return the OCIGO Product, in the same conditions as those in which he/she received it, i.e. in its original packaging, or failing that, in a packaging guaranteeing equivalent protection, accompanied by its original label.

Procedure for returning or exchanging the OCIGO Product

The Customer is invited to :

– Go to the support page of the website www.olythe.io

– Enter the information relating to the return of the OCIGO Product

– Follow the instructions sent to the customer’s e-mail address

– Pack the OCIGO Product to be returned with care.

The Customer shall return the package by his own means, i.e. with the carrier of his choice (Colissimo, Chronopost…). The OCIGO Product is returned at the Customer’s risk and expense.

Refunds

The OCIGO Product will be refunded to the Customer, including the initial delivery costs, within a maximum of fourteen (14) days from its receipt by OLYTHE.

OLYTHE will reimburse the Customer by the same means of payment as the one used by the Customer for the order (bank transfer, bank account, Paypal account).

The Customer may be held responsible in case of depreciation of the OCIGO Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the OCIGO Product.

Exclusion of the withdrawal period

In accordance with article L221-28 5° of the Consumer Code, the right of withdrawal cannot be exercised for goods (in particular mouthpieces) which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.

ARTICLE 7. WARRANTY

All OCIGO Products (material goods, with the exception of services) benefit from the legal guarantee of conformity (articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code) allowing the Customer to return defective or non-conforming products at no cost.

When acting under the legal guarantee of conformity, the Customer

– has a period of two years from the delivery of the OCIGO Product to act;

– may choose between repair or replacement of the OCIGO Product, subject to the cost conditions provided for in article L. 211-9 of the Consumer Code;

– is exempted from proving the existence of the lack of conformity of the OCIGO Product during the 2 years following the delivery of the OCIGO Product.

The legal warranty of conformity shall apply independently from any commercial warranty that may have been granted.

The Customer may invoke the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he/she may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

OCIGO’s Products benefit from the legal guarantees provided that they have been used normally and that the maintenance advice has been followed.

This warranty does not cover damage resulting from improper use of the OCIGO Product or normal wear and tear due to its use. In order to benefit from the warranty on OCIGO Products, it is recommended that you keep the purchase invoice for the OCIGO Product as well as the delivery note.

The Customer is informed that the OCIGO Products sold by OLYTHE are subject to annual calibration. Some products (mouthpieces, etc.) are said to be “consumable” and their replacement is necessary after each use.

As a manufacturer or responsible for placing the product on the market, OLYTHE ensures the safety of its OCIGO products and has compiled a technical file that meets the legislative and regulatory requirements and is available to the national control authorities. In particular, it is guaranteed that no prohibited substances have been used in the manufacture and composition of OCIGO Products.

Although OLYTHE can guarantee the quality and conformity of the OCIGO Products, it cannot, as a measuring instrument, guarantee the result and effectiveness, as the results may vary from one individual to another.

In any case, the warranty will not apply in the event of use contrary to the instructions in the user manual or in the event of non-compliance with the legislation of the country to which the OCIGO Products are delivered, which it is the Customer’s responsibility to verify.

IMPORTANT INFORMATION ON CALIBRATION

To ensure that the OCIGO Product continues to perform well, it is advisable to perform a calibration at least once a year.

At the Customer’s request, OLYTHE will proceed with the calibration of the OCIGO Product under the financial conditions indicated on the quotation or on the Website.

The calibration service is not covered by the warranty and must always be quoted.

Nevertheless, in the event that the OCIGO Product returned for calibration is defective, OLYTHE will offer to replace it if the warranty is applicable. Otherwise, OLYTHE will propose the replacement of the OCIGO Product at the rates in force on the day of this proposal.

As soon as the Customer validates the calibration estimate, the Customer will ship the OCIGO Product to be calibrated at its own expense.

Once the calibration has been carried out, OLYTHE will return the OCIGO Product to the Customer at its own expense.

ARTICLE 8. LIABILITY

OLYTHE is automatically responsible to the Customer for the proper execution of its obligations.

OLYTHE will not be held responsible for any damage caused by the Customer himself, or by major force.

ARTICLE 9. INTELLECTUAL PROPERTY

The present GTC cannot be interpreted as operating any transfer of intellectual property rights to the Customer.

All graphic elements such as information, texts, images, copyrights, trademarks, photographs, videos, sounds, logos, as well as any computer applications distributed by OLYTHE on the Platform are the exclusive property of OLYTHE and are protected by intellectual and industrial property rights. They may not be used, reproduced, imitated or adapted in any way without the prior written authorisation of OLYTHE.

The Customer acknowledges and accepts that, unless otherwise stated in the present GTC, he/she does not acquire any right on these elements belonging to OLYTHE.

ARTICLE 10. PERSONAL DATA

The provisions relating to the collection and processing of the Customer’s personal data in connection with the Order are detailed in the Privacy Policy.

ARTICLE 11. MISCELLANEOUS STIPULATIONS

Tolerance

It is formally agreed that any tolerance or waiver by one of the Parties in the application of all or part of the undertakings set out in this Contract, however frequent and however long, shall not be deemed to constitute a modification of this Contract, nor shall it generate any right whatsoever.

Entirety

The present provisions constitute the entirety of the Parties’ Contract and reproduce in all respects the previous agreements, letters of intent, correspondence and proposals between them, whatever their form or designation and relating to the same subject matter, with the exception of those listed herein.

Divisibility

If any of the non-essential provisions of the Contract are invalidated in the whole or in part, the validity of the remaining provisions of the Contract shall not be affected. In such a case, the Parties shall, if possible, replace the cancelled provision with a valid provision corresponding to the spirit and purpose of the Contract.

ARTICLE 12. APPLICABLE LAW – SETTLEMENT OF DISPUTES

Applicable law – Jurisdiction

This Contract is subject to French law.

In the absence of an amicable resolution, any disputes relating to this Contract shall be referred to the competent courts.

Mediation

In accordance with the provisions of article L.616-1 of the French Consumer Code, the Customer is informed of his right to resort to mediation to settle amicably any dispute between him and a professional.

Prior complaint

The Customer must send his complaint by registered mail with acknowledgement of receipt to the following postal address: 240 rue Louis de Broglie, les Méridiens, Bâtiment B, 13100 Aix-en-Provence or by e-mail to the following address contact@olythe.com.

Request for mediation

In the event that the complaint is not followed up or that the solution proposed by OLYTHE does not satisfy the Customer within a period of 2 months, the Customer may submit the dispute to a mediator who will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution.

In order to submit a request for mediation, the Customer may use a complaint form accessible on the mediator’s website.

The parties to the Contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

The Customer may use the online dispute resolution platform accessible at: ec.europa.eu/consumers/odr to contact an e-commerce mediator.

GENERAL TERMS AND CONDITIONS OF SALE OCIGO OF 2021-06-01

For professional customers

These General Terms and Conditions of Sale (hereinafter referred to as the “GTC“) are concluded between OLYTHE, a company registered with the RCS of Aix en Provence under the number 791 392 236, whose contact details appear in the legal notice on the Website, and any legal or natural person acting for professional purposes who, after having carefully consulted and accepted these General Terms and Conditions of Sale, decides to purchase an OCIGO Product on the Website or by direct order, hereinafter referred to as the “Customer”.

OLYTHE and the Customer are hereinafter referred to individually as the “Party” or collectively as the “Parties”.

OLYTHE has developed and operates a product called OCIGO which allows the Customer to instantly measure his alcohol level.

ARTICLE 1. DEFINITIONS

The following terms, whether used in the singular or in the plural, shall always have the following definition:

Application: means the mobile application for evaluating and monitoring alcohol consumption called “OCIGO”, available via the download platforms of the corresponding operating systems, developed, edited and hosted by OLYTHE, which holds exclusive ownership of it, for which a right of use is granted in accordance with the GTC, in exchange for the purchase of the OCIGO Product;
OCIGO Order: means any order of OCIGO Product(s) made by the Customer to OLYTHE on the Website or through a quotation or order form accepted by the Parties;
General Terms of Use or GTU : refers to all the rules and conditions for the provision of the Application;
Agreement: means these General Terms and Conditions of Sale (hereinafter referred to as the “GTC”), to which are added the General Terms and Conditions of Use as communicated on the Application and the Order, these documents together forming an indivisible whole;
OCIGO Product: means the device connected by Bluetooth to the user’s smartphone as marketed by OLYTHE to the Customer and described on the Website, allowing, together with the Application, the measurement in real time of the alcohol level as well as the mouthpieces which are offered for sale by OLYTHE and, where applicable, depending on the context, the calibration services;
Website: refers to the website published by OLYTHE accessible at www.olythe.io where the Customer can order the OCIGO Product.

ARTICLE 2. OBJECT

The purpose of these GTC is to define the legal and financial conditions under which :

The Customer orders the OCIGO Product from OLYTHE and pays the price;
OLYTHE delivers the OCIGO Product to the Customer and makes the Application available.

The GTC are completed by the GTC which determine the conditions of use of the Application and the Order which determines the particular terms agreed between the Parties.

The Contract shall prevail over any condition of purchase or any other document issued by the Customer.

The GTC shall be brought to the attention of these customers with the offer prior to any validation of the Order.

These GTC cancel and replace any previous document and any exchange between the Parties prior to the validation of the Order.

OLYTHE reserves the right to modify its GTC at any time. In case of modification of the GTC, the applicable GTC are those in force at the date of the Order.

ARTICLE 3. DESCRIPTION OF THE OCIGO PRODUCT

Characteristics of the OCIGO Product and mouthpieces

The OCIGO Product is a connected breathalyzer designed and marketed by OLYTHE as well as any purchase of accessories, namely the replaceable mouthpieces allowing you to blow into the OCIGO.

The technical specifications of the OCIGO Product are specified on the OLYTHE website at www.olythe.io as well as on the user manual, with mention of the essential characteristics.

The product presentation photographs are provided for information purposes only.

The instructions for use are supplied with the OCIGO Product at the time of delivery or are available on request at contact@olythe.com.

The OCIGO Product complies with applicable regulations.

OCIGO Products are offered and delivered while stocks last.

Characteristics of the Application

The Application is more fully described in the GTC. The Customer acknowledges that the Order implies a right to use the Application under the conditions described in the GTC, to the exclusion of any transfer of ownership or intellectual property rights over it.

ARTICLE 4. FORMATION OF THE CONTRACT – ORDER

Placing an order

Ordering on the Website

To place an order on the Website, the Customer must:

– Select the OCIGO Product and indicate the number of copies desired

– Either add it to the basket, or directly select a means of payment, enter their details and then pay;

– If the OCIGO Product has been added to the basket, the Customer may modify the basket and must then validate the order, enter their details and pay.

The Order shall become firm and definitive once the Customer has paid for the Order.

Direct Orders (by the Customer or following an offer from OLYTHE)

Each offer or order form will include the GTC as an annex.

By signing and dating the order form, the Customer accepts the GTC in force on the day of the Order.

The purchase order following an offer sent by OLYTHE must be returned, signed and dated, before the expiry of the deadline indicated on the offer. Otherwise, the offer will lapse and OLYTHE will have no obligation to honour the

Order, unless expressly confirmed in writing.

The Order placed following a prior offer must conform in all respects to it. In the event of an Order not conforming to the offer, OLYTHE reserves the right not to apply the special conditions of the offer.

Any Order received directly is only final when the signed and dated order form by the Customer is confirmed in writing by OLYTHE via e-mail.

ARTICLE 5. PRICE

The price for the provision of the OCIGO Product is displayed on the Website or in the commercial offers distributed by OLYTHE or its authorized partners.

OLYTHE reserves the right to modify the prices at any time until the Order is placed.

The minimum amount of the Orders accepted is 30€ HT (thirty euros). OLYTHE reserves the right to refuse any Order below this amount.

Prices are displayed in Euros and are exclusive of tax. Consequently, they will be increased by the rate of VAT and transport costs applicable on the day of the Order.

ARTICLE 6. PAYMENT METHODS

In the event of an Order being placed on the Web Site, payment shall be made in cash at the time of the Order by the means of payment offered on the Web Site (credit card or Paypal account) and the Order shall not be validated in the absence of payment.

Payment by credit card: Online payment by credit card is accepted on the Platform. The following are accepted: Carte Bleue, Visa, Mastercard, American Express.

All payments are secured via the payment service provider STRIPE, which is the sole recipient of the Customer’s bank details.

In the event that it is not possible to debit the full price, the sale will be immediately cancelled and the Order cancelled.

PayPal account: Payment via a PAYPAL account is accepted on the Website. By choosing to pay via PayPal, the Customer is automatically directed to his/her PayPal account.

In the event that the full price cannot be debited, the sale will be immediately cancelled and the Order cancelled.

For live Orders, unless otherwise expressly agreed, payment shall be made by cheque or bank transfer to the account opened in the name of OLYTHE SAS (IBAN & BIC shown on the order form). Payment will be due on the date of payment agreed upon by the Parties in the Order.

Any complaints do not suspend the obligation to pay. The offsetting of claims is prohibited.

In the event that the Parties have agreed on payment upon receipt of the OCIGO Products or according to other terms that do not imply payment prior to shipment, any late payment shall result in the application of a fixed recovery indemnity, the amount of which shall be set by decree, as well as daily late payment penalties corresponding to the rate applied by the European Central Bank during its last refinancing operation plus ten (10) points, calculated on the amount, including tax, of the balance of the price appearing in the offer or on any invoice. The said sums will be automatically and by right acquired by OLYTHE, without any formality or prior notice, and will be applicable without prejudice to any other action that OLYTHE may be entitled to take against the CUSTOMER in this respect.

The payment of an invoice after the expiry of the payment term will lead to the application of a fixed compensation for collection costs. The amount of this indemnity has been set at €40. If the collection costs actually incurred are higher than this fixed amount, additional compensation may be requested from the Customer on justification.

In the event of non-payment or if there is justified doubt as to the payment of the price, OLYTHE reserves the right to demand an advance payment on first demand or the provision of guarantees. If this payment is not made or if these guarantees are not provided, OLYTHE reserves the right to consider the order as cancelled immediately and by right, without prior notice or judicial formality, and without prejudice to all our rights to damages.

ARTICLE 7. RETENTION OF TITLE CLAUSE

In the event that the Parties have agreed on a payment method that does not imply payment before shipment, the transfer of ownership of OCIGO Products is subject to full payment of the price by the Customer without prejudice to the transfer of risks to the Customer upon Delivery as defined in Article 8. The Customer shall provide proof at the first request that it has taken out adequate insurance. In the event of non-payment within the stipulated period, OLYTHE reserves the right to take back the delivered OCIGO Products and unilaterally cancel the order, without prior notification. OLYTHE may demand the return of the OCIGO Products at the Customer’s expense and risk.

ARTICLE 8. SHIPPING – DELIVERY TIMES – TRANSPORT

The Customer undertakes to provide OLYTHE with a correct delivery address. OLYTHE shall in no way be held responsible for any failure to deliver due to the Customer providing an incorrect delivery address.

Unless expressly agreed between the Parties and included in the Order, the day of delivery is the day when the OCIGO Products leave the OLYTHE warehouse or when they are ready for shipment and held at the disposal of the Customer in Europe.

The shipment is always at the Customer’s risk, even in case of carriage paid delivery. OCIGO Products are deemed to be sold “ex works”, even if the price is established free of charge, the expression “free of charge” indicating only that OLYTHE bears the transport costs, but without taking charge of the risks. The transfer of risks to the Customer takes place on the date of availability of the OCIGO Products (notwithstanding the retention of title clause).

Delivery times are given as an indication only and may depend in particular on manufacturing times when current orders exceed available stocks. Orders are recorded as they are received and are fulfilled according to OLYTHE’s possibilities and the availability of the products.

ARTICLE 9. RECEPTION, RESERVATIONS AND NON-CONFORMITY

The Customer is required to check the apparent condition of the products upon delivery. In the absence of any reservations expressly made by the Customer at the time of delivery, the products delivered by OLYTHE will be deemed to be in conformity with the order in quantity and quality.

Reservations are only admissible if they are formulated by registered mail with acknowledgement of receipt within three (3) working days following the receipt of the OCIGO Products by the Customer from the carrier and duly confirmed to OLYTHE, and accompanied by all supporting documents: samples, packaging labels, etc. In any case, the reservations formulated by the Customer must be precise and detailed.

Failing this, the delivery shall be deemed to have been made in conformity and without reservation.

In any case, any return will be subject to the prior written agreement of OLYTHE and the cost of return will be charged to the Customer. If OLYTHE confirms the non-conformity of the OCIGO Products, OLYTHE will replace as soon as possible and at its own expense, the delivered OCIGO Products whose non-conformity will have been duly proven by the Customer and approved by OLYTHE. In the absence of replacement, OLYTHE will reimburse the Customer.

OLYTHE’s approval or rejection will be communicated to the Customer in writing and will be determined according to the level of detail of the reservations and the analysis of OLYTHE’s technical services.
Returns of OCIGO Products accepted by OLYTHE will only be replaced (or refunded) if the OCIGO Products are returned in their original, unused condition and after verification and acceptance by OLYTHE’s after-sales service.

ARTICLE 10. CALIBRATION

To ensure that the OCIGO Product continues to perform well, it is recommended that a calibration be carried out at least once a year.

At the Customer’s request, OLYTHE will proceed with the calibration of the OCIGO Product under the financial conditions indicated on the quote or on the website.

The calibration service is not covered by the warranty and must always be quoted.

As soon as the Customer validates the calibration estimate, the Customer will ship the OCIGO Product to be calibrated at its own expense.

Once the calibration has been carried out, OLYTHE will return the OCIGO Product to the Customer at its own expense.

ARTICLE 11. WARRANTIES

The OCIGO Products are guaranteed for a period of one (1) year from the day of their delivery.

The warranty covers any material or manufacturing defect. Interventions under the warranty shall not have the effect of extending the duration of the warranty.

OLYTHE is the only one authorized to carry out disassembly, calibration, maintenance, overhaul and repair operations on the OCIGO Product. As such, it is the only one able to supply the original spare parts, accessories and consumables. Failing this, the warranty in this clause shall no longer apply.

Under this warranty, the only obligation incumbent on OLYTHE will be, at its choice, the free replacement or repair of the OCIGO Product or of the element recognised as defective by its services, unless this method of compensation proves impossible or disproportionate. In order to benefit from the warranty, any product must first be submitted to OLYTHE’s after-sales service, whose agreement is indispensable for any replacement or repair. The Customer is responsible for any shipping costs and will not be entitled to any compensation in case of immobilization of the goods due to the application of the warranty.

ARTICLE 12. INSURANCE

Each of the Parties certifies that they are insured for all the obligations and consequences of this Contract with a company that is known to be solvent. Each Party undertakes to provide a certificate of insurance on first request.

ARTICLE 13. RESPONSIBILITIES

OLYTHE will not be responsible for any indirect or immaterial damage suffered by the Customer. The liability of OLYTHE is limited, all causes included, to the contractual price paid by the Customer for the OCIGO Product which generated the damage.

OLYTHE will in any case not be responsible for damages resulting from a use of the OCIGO Product that does not comply with the rules of the art, nor for deteriorations resulting from a bad handling, a defective storage or a use in unfavourable or unsuitable physical or chemical conditions.

ARTICLE 14. MAJOR FORCE

OLYTHE will not be held responsible towards the Customer for the non-performance or delays in the performance of an obligation of the present Contract which would be due to the occurrence of a case of major force as defined below.

In the event of the occurrence of an event of major force, the obligations of this Contract shall be suspended. If the case of major force continues for a period of more than one (1) month, these general conditions may be terminated by operation of law under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

In particular, fortuitous or major force events or events arising from economic circumstances (in particular wars, popular movements, epidemics, interruptions or disruptions of transport or postal services, industrial disputes, atmospheric disasters and natural disasters, major incidents affecting suppliers or subcontractors, etc.) which may affect the performance of the contract, or which may result in the cancellation of the contract, legal or governmental measures, etc.) which may cause a total or partial interruption of OLYTHE’s activity, shall entitle the Customer not only to delay delivery, but also to cancel all or part of the Order, without the Customer being able to claim any compensation for this, or to refuse partial performance.

ARTICLE 15. INTELLECTUAL PROPERTY

These GTC shall not be construed as a transfer of any intellectual property rights of OLYTHE to the Customer.

The OCIGO Product is the exclusive property of OLYTHE, protected by intellectual and industrial property rights, and more particularly, all the graphic elements such as information, texts, images, copyrights, brands, photographs, videos, sounds, logos, as well as any computer applications distributed by OLYTHE on its Website or the Application. They may not be used, reproduced, imitated or adapted in any way without the prior written authorisation of OLYTHE.

The Customer acknowledges and accepts that, unless otherwise stated in the present GTC, he/she does not acquire any right on these elements belonging to OLYTHE.

ARTICLE 16. PERSONAL DATA

The provisions relating to the collection and processing of the Customer’s personal data in connection with the Order are detailed in the Privacy Policy.

ARTICLE 17. NOTIFICATIONS

Exchanges between the Parties may be made by any means, including electronic mail.

A paper printout of an e-mail shall be valid proof of the content of the exchanges.

ARTICLE 18. MISCELLANEOUS STIPULATIONS

– Tolerance

It is formally agreed that any tolerance or waiver by one of the Parties, in the application of all or part of the undertakings provided for in this Contract, whatever the frequency and duration, shall not be deemed to constitute a modification of this Contract, nor to generate any right whatsoever.

– Entirety

These provisions (including the GTU, the Order and any appendix referred to as such) constitute the entire agreement between the Parties and reproduce in all respects the previous agreements, letters of intent, correspondence and proposals between them, whatever their form or designation and relating to the same subject matter, except for those listed herein.

– Severability

If any of the provisions of the Contract are invalidated in whole or in part, the validity of the remaining provisions of the Contract shall not be affected. In this case, the Parties shall, if possible, replace the cancelled provision with a valid provision corresponding to the spirit and purpose of the Contract.

ARTICLE 19. APPLICABLE LAW – SETTLEMENT OF DISPUTES

In the event of a dispute, French law alone shall apply, to the exclusion of the provisions of the Vienna Convention of 11 April 1980 on contracts for the international sale of goods.

For any dispute arising from the validity, interpretation, execution or termination of the contract, the Commercial Court of Aix-en-Provence shall have jurisdiction, regardless of the place of delivery, the geographical location of the

Customer or the method of payment, even in the event of a guarantee appeal or multiple defendants or summary proceedings.

Nevertheless, any dispute arising between the parties shall be subject to an attempt at amicable resolution prior to any legal action. The plaintiff shall bear the burden of proof of this attempt.