General terms and conditions of use of the website
The company N-VIBE offers the provision, via the website www.n-vibe.com, of an itinerary service (hereinafter the “Services”) for visually impaired or blind people via the vibration of bracelets (hereinafter the “Bracelets”) worn on each wrist.
1.1. The website www.n-vibe.com (hereinafter the “Site”) is published by: the company NVIBE, SAS with a capital of 13,165 euros, registered with the Paris Trade and Companies Register under the RCS number: 843 457 763 and whose registered office is located at 7 avenue Parmentier, 75011 Paris (hereinafter the “Company”).
1.2 Its intra-community VAT number is : FR 67 843457763
1.3. The Company can be contacted by email at the following address: firstname.lastname@example.org or by telephone on the following number: +337 82 74 29 53.
1.4. The Director of Publication is: Charlie GALLE.
1.5. The Site is hosted by the company OVH, S.A.S. with a capital of €10,069,020 euros, registered with the Lille Trade and Companies Register under number 424 761 419 00045, whose registered office is located at 2 rue Kellermann – 59100 Roubaix – France. Its telephone number is: +339 72 10 10 07.
2. ACCEPTANCE OF THE CONDITIONS OF USE
2.1. The purpose of this document is to define the terms and conditions (hereinafter the “General Terms and Conditions of Use” or “GTCU”) under which the Company makes available to users (hereinafter the “Users”), the possibility to browse and use the Site.
2.2. Use of the Site implies full, complete and unreserved acceptance of these GTCU.
3. USE OF THE SITE
3.1. Before any use of the Site, the User must ensure that he has the technical and computer resources to enable him to navigate and use the Site. He must also ensure that the computer configuration of his hardware/equipment is in good working order and does not contain any viruses.
3.2. THE SITE MAY ONLY BE USED BY PERSONS AGED FIFTEEN AND OVER. IF A PERSON UNDER FIFTEEN YEARS OF AGE WISHES TO USE THE SITE, HE OR SHE MUST HAVE THE EXPRESS AGREEMENT OF HIS OR HER LEGAL REPRESENTATIVE.
3.3. The Company reserves the right to modify, revise, delete, validate or change, in whole or in part, any content (hereinafter the “Content(s)”) appearing on or displayed on the Site.
3.4. The Company may delete, change or modify the Site and/or the Content at any time and without notice.
4. OBLIGATIONS OF THE USER
4.1 By using the Site, Users agree :
– to refrain from using the Site in an illegal manner, for any illegal purpose or in a manner incompatible with these GTCU ;
– not to use the Site for the publication of offensive, defamatory, harassing, libellous, obscene, pornographic or threatening statements, and/or statements that infringe the privacy of others ;
– not to sell, copy, reproduce, rent, lend, distribute, transfer or grant sub-licences on all or part of the elements, information and Content appearing on the Site and/or allow any third party to use or access the Site for any purpose whatsoever or to decompile, reverse engineer, disassemble, modify, display in a form readable by the User, attempt to discover any source code or use any software activating or comprising any part of the Site ;
– to respect other Users;
– not to collect and store personal data relating to other Users for any purpose;
– not to disseminate content that could constitute incitement to commit crimes or offences; to incite discrimination, racial hatred, and more generally that could be contrary to the laws and regulations in force, to the present rules of use and to good morals and public order;
– not to disseminate information of an ideological, religious, political or ethnic nature;
– not to disseminate content that could endanger minors, in particular the dissemination of messages of a violent or pornographic nature;
– not to attempt to mislead other Users by usurping the name or pseudonym of other people;
– not to display, transmit by email or in any other way any element violating any patent, trademark, trade secret, intellectual property right or any other property right belonging to others;
– not to post, email or otherwise transmit any unsolicited or unauthorised advertising or promotional material (including but not limited to “spam” or any other form of solicitation);
– not to use the Site for abusive purposes by deliberately introducing viruses or any other malicious program and not to attempt to access the Site in an unauthorised manner;
– not to denigrate the Site and/or the Company and/or other Users on social networks or any other means of communication.
4.2. If, for any reason whatsoever, the Company considers that Users do not comply with these GTCU, it may at any time, at its sole discretion, remove their access to the Site and take any measures, including any legal action against them.
5. TIMELINESS AND LAWFULNESS OF INFORMATION
5.1. Each User undertakes to ensure that all the information, in particular that concerning him/her, that he/she provides is adequate, accurate, up-to-date and complete. To this end, he undertakes to update it regularly.
5.2. The User acknowledges that the Company does not have the material means to verify the truthfulness of all the information on the Site. The Company cannot therefore be held liable in the event of identity theft, or for the fact that the information mentioned is false or misleading.
5.3. The Company also does not guarantee the timeliness, legality, probity or quality of the information transmitted by Users.
6. PERSONAL DATA
7. INTELLECTUAL PROPERTY
7.1. By accessing the Site, Users expressly acknowledge that the Site and the Content made available to Users, in particular, images, photographs, design, graphics, drawings, models, layouts, logos, trademarks, texts, etc. are the exclusive property of the Company and are protected by the French intellectual property code as well as by the applicable international treaties and agreements relating to the protection of intellectual property rights. As such, they may not be reproduced without the express authorisation of the Company, on pain of civil and criminal prosecution.
7.2. The Company is the sole owner of all rights, titles and interests in the Site and the Content, including all intellectual property rights including, in particular, all rights relating to copyright, design rights, trademarks, trade names, company names, domain names, technology, know-how, processes, formulas, source codes and executable codes, data and similar rights, including information relating to any application, registration or renewal thereof that may be protected by the laws, regulations or rules on intellectual property of any country.
7.3. The Company grants a non-exclusive licence to Users to use the Site and the Content strictly within the framework of these GTCU.
7.4. Any reproduction, representation, adaptation, exploitation, distribution, broadcasting, commercial use, translation, arrangement, transformation or any creation of derivative or composite works of all or part of the works and/or any other Content appearing on the Site on any medium whatsoever and by any process whatsoever, whether current or future, is expressly prohibited. These actions are likely to constitute acts of counterfeiting punishable under criminal and civil law, engaging the responsibility of their author.
7.5. The systematic and repeated extraction of information and Content appearing on the Site is strictly prohibited and punishable under intellectual property law and the sui generis right of databases. Any illicit extraction may engage the civil and criminal liability of its author.
8.1. The Company declines all responsibility for any damage resulting from fraudulent intrusion by a third party, outside its control, which has led to a modification or alteration of the information/Content appearing on the Site or which has harmed any User of this Site; and more generally for any damage, whatever the causes, origins, nature or consequences, caused by the access of anyone to the Site or the impossibility of accessing it, outside its control.
8.2. The Company cannot under any circumstances be held liable for problems or technical failures related to telephone networks, on-line computer systems, servers, Internet providers, computer equipment and/or User software.
9.1. The hypertext links established on the Site to other Internet sites or other Internet sources or content (hereinafter the “External Sources”) shall not incur the Company’s liability.
9.2. Insofar as the Company cannot control these External Sources, the User acknowledges that the Company cannot be held responsible for making these External Sources available, and cannot bear any responsibility for the content, advertising, products, services or any other material available on or from these External Sources.
10. INFORMATION RELATING TO REGISTERED TRADEMARKS
10.1 “N-VIBE” and all other trademarks and logos of the Company are trademarks protected by French intellectual property law (hereinafter collectively referred to as the “Trademarks”). Unless expressly authorised in writing by the Company, the User undertakes not to use or distribute the Marks in any way whatsoever.
11. APPLICABLE LAW AND JURISDICTION
11.1. These GTCU are governed and interpreted in accordance with French law, without regard to the principles of conflict of laws.
11.2 In the event of a dispute that may arise in connection with the interpretation and/or execution of these GTCU or in relation to these GTCU, the User may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. In particular, the User may contact Medicys by email at the following address: email@example.com or by telephone on +331 49 70 15 93.
11.3. The User is informed that :
– In order for the dispute to be examined by the mediator, the User will have to justify that he has made a written complaint to the Company or its user service department and will have to keep written proof of the steps taken ;
– The claim must be well-founded and legitimate.
11.4. The User may refer the matter to the mediator within a maximum period of one (1) year following its written complaint to the Company.
11.5 Finally, if this mediation procedure fails or if the User wishes to take the matter to court, the rules of the Code of Civil Procedure will apply.
12.1. The Company may be contacted at any time by email at the following email address: firstname.lastname@example.org or by telephone at the following number: +337 82 74 29 53.
General terms and conditions of sale of the website
The General Terms and Conditions of Sale are up to date as of 24 August 2020.
These General Terms and Conditions of Sale are offered by NVIBE, a SAS with a capital of 13,165 euros, registered with the Paris Trade and Companies Register under the RCS number: 843 457 763 and whose registered office is located at 7 avenue Parmentier, 75011 Paris (hereinafter “the Company”).
The Company can be reached at the following telephone number: +337 82 74 29 53 or at the following email address: email@example.com.
The Company is the owner and publisher of the website www.n-vibe.com (hereinafter “the Site”).
These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) govern the contractual relationship (hereinafter referred to as the “Agreement”) between the Company and the client (hereinafter referred to as the “Client”) (hereinafter referred to jointly as the “Parties” and individually as the “Party”), concerning the provision of an itinerary service (hereinafter referred to as the “Services”) for visually impaired or blind persons via the vibration of bracelets (hereinafter referred to as the “Bracelets”) worn on each wrist.
Any provisions deviating from these GTCS shall be by express agreement of the Parties and shall be reflected in the order confirmed by the Company or any other document evidencing the agreement of both Parties.
1. APPLICATION AND ENFORCEABILITY OF THE GTCS
1.1. The purpose of these GTCS is to define all of the conditions under which the Company makes the Services and the Bracelets available to Clients as proposed on the Site. They therefore apply to any order (hereinafter the “Order(s)”) placed on the Site by a Client.
1.2. The Client declares having read and accepted these GTCS before placing an Order. Consequently, the fact of placing an Order implies the Client’s full and unreserved acceptance of the said GTCS, to the exclusion of all other documents.
1.3. The GTCS are regularly updated. The applicable GTCS are those in force on the Site on the date the Order is placed. These GTCS can be downloaded and edited by the Client.
1.4. Any condition to the contrary imposed by the Client would therefore, in the absence of express acceptance, be unenforceable against the Company regardless of when it may have been brought to its attention.
1.5. The fact that the Company does not avail itself of any provision of these GTCS at a given time shall not be interpreted as a waiver of the right to avail itself of any provision of these GTCS at a later date.
1.6. In accordance with the legal provisions, the Client has the status of a consumer defined as any natural person who acts on the occasion of the order for purposes that do not fall within the scope of his professional activity.
2. TECHNICAL MEANS
2.1. Before any use of the Site, the Client must ensure that he has the technical and computer resources enabling him to use the Site and to order the Services on the Site and that his browser allows secure access to the Site. The Client must also ensure that the computer configuration of his hardware/equipment is in good working order and does not contain any viruses.
2.2. THE SITE MAY ONLY BE USED BY PERSONS AGED FIFTEEN YEARS AND OVER. IF A PERSON UNDER THE AGE OF FIFTEEN WISHES TO USE THE SITE, HE/SHE MUST HAVE THE EXPRESS AGREEMENT OF HIS/HER LEGAL REPRESENTATIVE.
3. REGISTRATION AND ORDER
3.1. When registering on the Company’s Website, the Client will be invited to create an account, indicating in particular his/her telephone number. He will then be contacted by the Company in order to validate his order.
3.2. The Company will then send him/her an email with a link enabling him/her to pay for his/her order.
3.3. Upon receipt of payment, the Company will provide the Client with a password allowing him/her to download the Application on the Appstore and the bracelets will be sent to the postal address indicated to the Company.
3.4. The Client’s login and password are strictly personal. In the event of loss or use by an unauthorised person, the Client must inform the Company immediately in order to allow the Company to block access to the Client account and allow the Client to create a new login and password.
4. SUBSCRIPTION AND PAYMENT
■ Use of the Application is subject to payment of a monthly subscription.
■ The initial subscription period is 6 months, 12 months or 24 months depending on the subscription chosen.
■ At the end of the initial term, the subscription to the Services will be tacitly renewed from month to month and the Client may terminate the subscription at any time.
■ The current month will remain due by the Client.
■ The Client may cancel the subscription before the end of the initial term but will have to pay the cancellation fees. The subscription will be considered terminated when the cancellation fee has been collected by N-Vibe and the Bracelets have been returned to N-Vibe.
■ Payment will be made, in due course (payment in advance), when subscribing to the Services and then by direct debit from date to date until termination of the subscription to the Services.
■ The subscription to the Services will be effective from the first payment made by the Client by direct debit.
4.3. The Application uses the security systems of GOCARDLESS and STRIPE for payment by bank card and SEPA direct debit, a service provider specialising in secure online payment. This system guarantees the Client the total confidentiality of his banking information. The banking transaction, carried out between the Client and the chosen secure system is therefore entirely encrypted and protected. The Client’s bank details are not stored electronically by the Company.
5.1. The Services enable Clients to be guided and use the GPS geolocation of the Client’s smartphone to find their way around.
5.2. The Service is made up of 3 menus :
– The “Route” menu allows the Client to enter an address using the smartphone keyboard or by using dictation. Once the address has been entered, simply press the start button to start the route. Once the route is started, the smartphone can be put in the pocket and the guidance information will be felt through the vibration of the bracelets.
– The “Favourites” menu allows the Client to save up to 4 favourite places.
– The “Settings” menu allows the Bracelets to be connected to the smartphone the first time they are used. The left button connects the left Bracelet, the right button connects the right Bracelet. The vibration of the Bracelets indicates that the connection is established and the Bracelets are ready for use. In case the Bracelets disconnect, the procedure will have to be repeated.
5.3. When starting the route, the Service will dictate the approximate travel time. This time is only an indication and the Company will not be held responsible if the actual duration is longer.
5.4. A long vibration on the left bracelet tells the Client to turn left, a long vibration on the right bracelet tells the Client to turn right. A long vibration of both bracelets at the same time indicates arrival at the destination.
6.1. After placing the order, the Bracelets are delivered to the Client.
6.2. The Bracelets are delivered in Metropolitan France, Belgium and the Netherlands.
6.3. The delivery of the Bracelets is carried out by the company: La Poste and UPS.
6.4. The Bracelets ordered are delivered to the delivery address indicated by the Client at the time of his order.
6.5. The Bracelets will be delivered within a period not exceeding 15 days from the date of confirmation of the Order.
6.6. The Client must ensure that the information provided is correct and that it remains correct until the delivery of the Bracelets is complete. The Client therefore undertakes to inform the Company of any change in delivery details that may occur. Failing this, in the event of a delay and/or error in delivery, the Client may not under any circumstances engage the Company’s liability. He must contact the Company’s Customer service department, which will contact the Client for a second delivery at the Client’s expense.
6.7. The Company will also not be liable if the non-receipt of the Bracelets is due to theft.
6.8. If the Bracelets are returned due to the absence of the Client, the Company’s Customer service department will contact the Client for a second delivery at the Client’s expense.
7. LEGAL GUARANTEES
7.1. The Bracelets offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular Articles L.217-4, L.217-5 and L.217-12 of the French Consumer Code, and to the guarantee for hidden defects provided for by Articles 1641 and 1648, first paragraph, of the French Civil Code :
Article L.217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
The seller is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to him by the contract or has been carried out under his responsibility”.
Article L.217-5 of the French Consumer Code: “The goods comply with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable :
– If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the seller’s knowledge and accepted by the latter”.
Article L.217-12 of the French Consumer Code: “The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods”.
Article 1641 of the Civil Code: “The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known of them”.
Article 1648 of the Civil Code, first paragraph: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
7.2. If the Client considers that he has received Bracelets that he considers to be defective or non-compliant (for example: product deteriorated, damaged, opened or pierced), he must contact the Company, within 48 (forty-eight) hours following receipt of the Bracelets, at the following email address: firstname.lastname@example.org, or by telephone at the following number: +337 82 74 29 53, specifying the defect or non-compliance in question.
7.3 It will be up to the Client to provide any justification as to the designation of the apparent defects and/or anomalies observed. The Client must give the Company every facility to proceed with the discovery of these defects or non-conformities. He shall refrain from intervening himself or having a third party intervene for this purpose.
7.4. If the defects and/or anomalies are confirmed by the Company, the Company will then send the Client its instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary, will proceed with the replacement of the Bracelets for which the Company would have been led to note the lack of conformity, or the defect.
8. EXCLUSION OF THE RIGHT OF WITHDRAWAL
8.1. Right of retraction for the Order of Bracelets :
8.2. In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Client has a period of 14 (fourteen) days from receipt of the Bracelets ordered to exercise his right of withdrawal from the Company, without having to justify his reasons or pay any penalty.
8.3. In order to exercise its right to withdraw from the Order, the Client must notify its decision to withdraw by means of an unambiguous statement, without having to justify its reasons. The Client may communicate his decision to withdraw to the Company by any means, in particular by sending it by post to the Company at the following address: 7 avenue Parmentier, 75011 Paris France or by e-mail to the following address: email@example.com.
8.4. The Client has a withdrawal form at the end of these terms and conditions, to be completed. Once completed, the withdrawal form, which constitutes a decision to withdraw, may be sent directly to the Company.
8.5. If the Client notifies the Company of its decision to withdraw, regardless of the means used, the Company will immediately send it an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).
8.6. The Client must return the Bracelets in the same condition as that in which he received them, and with all packaging, accessories and instructions (even if the Bracelets have been unpacked), as soon as possible and no later than 14 (fourteen) days from the notification of the decision to withdraw from this contract, to the following address: 7 avenue Parmentier, 75011 Paris, France. In accordance with the law, the Client shall bear the cost of returning the Bracelets.
8.7. The Client is invited to indicate the reason for return/retraction, in order to help the Company to improve its Bracelets.
8.8. If the Client withdraws, the refund of the Bracelets which were the subject of the right of withdrawal will be made by the Company by the same means of payment as that used for the initial transaction, unless the Client expressly agrees to a different means. In any case, this reimbursement will not incur any costs for the Client. Reimbursement shall be made as soon as possible, and no later than 14 (fourteen) days from the day on which the Company is informed of the Client’s decision to withdraw from the Order.
8.9. In accordance with article L.221-23 of the French Consumer Code, the Client is informed that the Client is only liable to the Company for any depreciation of the Bracelets returned following the exercise of his right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Bracelets.
8.10. Absence of right of withdrawal for the Order for Services:
8.11. In accordance with article L.221-25 of the French Consumer Code, if the Client wishes the performance of the Services to begin before the end of the fourteen (14) day retraction period as mentioned in article L. 221-18 of the French Consumer Code, the Company will receive his express request by any means. The Client therefore acknowledges and agrees not to benefit from the right of withdrawal.
9.1. The Company shall not be liable for any indirect or consequential damage that the Client may suffer in the context of the execution of these GTCS and cannot be held liable in the event of fault arising from an event of force majeure as defined in article 12.1 caused by a third party or by the Client.
9.2. The Company cannot, under any circumstances, be held responsible for any misuse of the Site, the Services and the Bracelets by Clients.
9.3. The Clients are fully aware of the provisions of this article and in particular of the above-mentioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted.
9.4. The accuracy of the GPS may vary depending on the smartphone or the location of the Client. Within the limits provided for by the applicable law, the Company cannot be held liable in the event of a wrong indication due to the inaccuracy of the GPS.
9.5. Within the limits provided for by applicable law, the Company cannot be held liable in the event of an accident suffered by the Client, in particular in the event of a fall or collision with a pedestrian, vehicle or electric scooter or any other object on the public highway.
10. PERSONAL DATA
11. APPLICABLE LAW AND JURISDICTION
11.1. These GTCS are governed and interpreted in accordance with French law, without regard to the principles of conflict of laws.
11.2 In the event of a dispute that may arise in connection with the interpretation and/or execution of these GTCS or in relation to these GTCS, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. In particular, the Client may contact Medicys by email at the following address: firstname.lastname@example.org or by telephone on +331 49 70 15 93.
11.3. The Client is informed that :
– In order for the dispute to be examined by the mediator, the Client will have to justify that he has made a written complaint to the Company or its Customer service department and will have to keep written proof of the steps taken ;
– The claim must be well-founded and legitimate.
11.4. The Client may refer the matter to the mediator within a maximum period of one (1) year following its written complaint to the Company.
11.5 Finally, if this mediation procedure fails or if the Client wishes to take the matter to court, the rules of the Code of Civil Procedure will apply.
12. GENERAL PROVISIONS
12.1. Force majeure
The Parties agree to recognise as a case of force majeure any event meeting the criteria defined by the case law of the Court of Cassation in application of Article 1218 of the Civil Code if such events would prevent the execution of the GTCS by the Party invoking it. It is understood that force majeure cannot be invoked for late payment or non-payment on the part of the Client.
12.2. Autonomy of the clauses
If any provision of these Terms and Conditions or its application to any person or circumstance is found to be invalid, such invalidity shall not affect the other provisions or applications of these Terms and Conditions, which shall remain in force, irrespective of the provision found to be invalid. To this end, the provisions of these GTCS are declared autonomous.
Any notification must be made in writing and must either be delivered by hand, sent by registered letter with acknowledgement of receipt, or made by extrajudicial act to the address indicated in the Order.
The Company may be contacted at any time by email at the following email address: email@example.com or by telephone at the following number: +337 82 74 29 53.
For the attention of :
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the property (*) below :
Ordered on (*)/received on (*) :
Name of the consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s) (only if this form is notified on paper) :
(*) Delete as appropriate.