I. General 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 registered office located at 10, Place Vendôme 75001 Paris, France, registered at Paris Trade and Companies Register under number 502 155 682.

Devialet’s Terms and Conditions of Sale (the “General Terms of Sale”) create a contract between you as the customer (the “Customer”) and Devialet. The Customer shall be defined as a user who is a physical person (at the exclusion of companies) that purchases Devialet’s products, Phantom I (108dB and 103dB in Classic, Silver, Gold, Gold Phantom Opéra de Paris), Phantom II (98dB and 95dB in White, Black and Opéra de Paris), Devialet Gemini and the associated accessories (the “Product(s)”) for purposes not related to a professional activity, resale or distribution. All purchases intended for a professional use, a resale or a distribution are strictly prohibited and any person who does not qualify as a Customer shall contact Devialet’s Help Center at https://help.devialet.com/hc for further information about Devialet’s selective distribution and its authorized dealers.

Please read these General Terms of Sale carefully to ensure that you, the Customer, understand each provision. By placing an order to purchase Products and/or services (the “Services”) from Devialet through this Website or at one of Devialet’s retail stores, you are entering into a binding contract with Devialet and you accept and agree to be bound by these General Terms of Sale. In addition agree to Devialet’s General Terms of Use and Privacy Policy, which apply to your use of the Website generally.

Devialet reserves the right to modify the present General Terms of Sale at any time and in its sole discretion. The updated General Terms of Sale will be in effect as of the “Last Updated Date” posted at the end of this page and will apply to any offer or order placed, whatever the previous relation between Devialet and the Customer.

The Customer should review these General Terms of Sale prior to purchasing any Products through this Website. Your continued use of this Website and your purchase of any Products after modifications to these General Terms of Sale are posted will constitute your acceptance of an agreement to such modifications.

Unless proved otherwise, all information registered on the site https://www.devialet.com will be used as proof of all transaction(s) between Devialet and the Customer.

II. Order and payment
Placing an Order/Confirmation:

2.1. Orders can be placed on the website https://www.devialet.com

2.2. The Customer is responsible for verifying 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. After an order is placed, Devialet will send the Customer an electronic confirmation of the order (the “Order Confirmation”) to the e-mail address provided by the Customer. The Order Confirmation confirms receipt of the Customer’s order but does not automatically result in its acceptance by Devialet. Devialet reserves the right at any time after receiving an order placed by the 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 the 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. Devialet will send the Order Confirmation to the Customer by electronic mail.

2.5. 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.

2.6. 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 cancelled, Devialet will promptly issue a refund in the amount of the incorrect price.

Stock and fraud control:

2.7. The Customer acknowledges that the Products offered for sale are subject to availability.

2.8. If a Product is out of stock, Devialet will endeavor to inform the Customer prior to sending the Order Confirmation.

2.9. 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 with. 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.

2.10. Receipt of an Order Confirmation does not automatically result in an acceptance by Devialet. 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:

2.11. Various secured methods of payment are available for the purchase of Products made on 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 indicated in the currency of the country of residence of the Customer, all sales taxes included.

All orders must be paid online in the currency of the country of residence of the Customer (except for the UAE where payments are made 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 to through the Website. The list of eligible countries is subject to modification 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 Customer’s country of domicile. All fees for a Product return to Devialet shall be borne by the Customer in the event where the Customer places the order from a country where he is not domiciled or in the event where the Customer purchases the Product in one country but transports the Product to another country which is not the country of original purchase. Such returns must initially be made by informing Devialet’s Customer Care who will inform the Customer on how to do a proper return. All returns by the Customer are to be made with an accredited shipper that provides a tracking number. The Customer is solely responsible for ensuring that the Product arrives safely at Devialet’s return center.

Delivery:

3.2. An order will be generally delivered by the indicative delivery date stated in the Order Confirmation. Delivery dates are estimates only and may change depending 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 cancelled order.

3.3. The delivery will be fulfilled when the Products are delivered to the delivery address provided by the Customer at its own responsibility.

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 the 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 the carrier.

3.5. If the Customer fails to pick up the order or 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.

3.6. Notwithstanding the legal warranties of any Product based on applicable law, the Customer shall verify that the order and Product delivered conforms with the order, as shown in the Customer’s Order Confirmation.

3.7. If the Product or the packaging of the Product is damaged on delivery or in case of non-conformity of the Product with the Customer’s Order Confirmation, it is the Customer’s responsibility to decline the delivery and promptly inform Devialet that the 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 – Customer Service – 35 rue la Boétie, 75008 Paris, France

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 and/or, in any case, according to Devialet’s instructions and requirements, notwithstanding the application of clause 5.5 of these General Terms of Sale.

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.

V. Returns
Return Period:

5.1. The Customer has the right to return a Product for any reason 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 end of 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 the Product has been damaged , 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 –Customer Service– 35 rue la Boétie, 75008 Paris, France

The request to return will be deemed effective from the date of confirmation by Devialet 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.

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. Furthermore, the Customer has at all times the responsibility of the Products until properly returned to Devialet.

5.6. Except for a return under Article 5.5, 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 fourteen (14) days starting from the receipt of the Product by Devialet, provided that the returned Products are in accordance with Article 5.2. A refund will be credited to the same payment method used by the Customer for the original order, as indicated in the Order Confirmation.

Return period for certain products:

For purchases of a Devialet Phantom I, Phantom II or Devialet Gemini product, the Customer benefits from the 14 Day trial period which allows a Customer to return a product within 14 days from the date of receipt. The conditions of the 14 Day Trial period and a list of the specified products covered are available at: HTTPS://WWW.DEVIALET.COM/LEGAL/GENERAL-TERMS-OF-SALE/

The 14 Day period does not apply to Products purchased via Amazon or FNAC.

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. Notwithstanding any legal warranty attached to any Product based on applicable laws, 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. The Warranty Period only applies to such Products purchased on the Website, and from Devialet’s retail stores and from its authorized dealers.

7.2. This warranty does not cover damage resulting from normal wear and tear, as well as damage inflicted on or resulting from accidents, 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 or date of purchase for purchases at a Devialet retail store, and will not be extended following any exchange or replacement of the original Product during such Warranty Period.

7.4. As part of Devialet’s environmental initiatives, Devialet reserves the right to use, without any effect on the quality or warranty of its products, recycled components for the manufacturing of new models, which will be controlled and certified, of the products Phantom I and Phantom II. Such recycled components can represent up to 20% of the total value of one product.

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://www.devialet.com/phantom-speaker/phantom-accessories/care-phantom-i/

7.6. Devialet Care shall be valid from the commencement of the date stated in Article 7.3, independent of when Devialet Care was purchased or activated.

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) the refund of the purchase price of 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 Devialets’ 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. For Products purchased on Devialet’s Website, the maximum liability of Devialet shall not exceed the actual purchase price of the Product. In compliance with the previous paragraph, Devialet shall not be liable for any indirect damages suffered by the Customer.

8.4. 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).

8.5 Devialet is not responsible for any products sold by non-authorized resellers or for products that are considered as counterfeits. For a full list of Devialet’s authorized resellers, please see here: https://www.devialet.com/en-eu/store-locator/

IX. Data protection
SEE OUR PRIVACY POLICY.

X. Anti-fraud measures
As part of the fight against fraud on the Internet and to ensure the security of the Customer’s transactions, the information related to placed orders are subject to an automated data processing where the responsible data processor is Oneytrust. This automated processing of data is intended to define a level of analysis of a transaction and to fight against payment fraud and especially against credit card fraud.

Oneytrust and Devialet are the recipients of the data related to the Customer’s order. Non-transmission of data in connection with the Customer’s order prevents the execution and analysis of a transaction.

To learn more about how Oneytrust manages your data and your rights click here: HTTPS://ONEYTRUST.COM/MENTION-INFORMATION-SCORE-ET-REVIEW/

XI. Governing law – Mediation – Jurisdiction
These General Terms of Sale shall be governed by and construed in accordance with French law.

In the event of a dispute between a Customer and Devialet concerning the interpretation, performance or termination of these General Terms of Sale. Devialet strongly encourages a Customer to contact Devialet in the first instance to attempt to resolve the disagreement amicably. Devialet hereby notifies clients that there are alternative dispute settlement options such as mediation or arbitration.

In case of a dispute between a Customer and Devialet which is not resolved by the Customer Service, the Customer may contact free of charge the mediation department of DEVIGNY, to which Devialet adheres to, through is website www.devignymediation.fr or by mail, address: MEDIATEUR DE LA CONSOMMATION AGREE DEVIGNY MEDIATION, 9 avenue René Gasnier, D01, 49100 Angers, France.

The Customer might also contact the platform for amicable solutions provided by the European Commission available at: http://ec.europa.eu/consumers/odr/

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 General Terms of Sale to the exclusive jurisdiction of the competent Courts of Paris, France, without limiting a Customer’s rights under applicable law.