TERMS OF SERVICE

1. Preamble

These general conditions of sale aim to define the rights and obligations of the company IOT Symphony (marketing the Octavio product) and of the Client of products presented by IOT Symphony SAS on its site www.octavio.fr (hereinafter "the Site") ). They apply exclusively between the company IOT Symphony, 99A boulevard Constantin Descat 59200 Tourcoing, SIRET: 878 303 403 000 17 (hereinafter "IOT Symphony") and any individual consumer visiting or making a purchase via the Site ( hereinafter "the Client"). On the Site, IOT Symphony allows the Customer to order online products of the Octavio brand and products marketed by IOT Symphony (hereinafter "the Product (s)") according to these general conditions. Any order placed with IOT Symphony implies unconditional acceptance by the Customer of these conditions. The Customer is required to read these conditions before placing any order. These general conditions of sale can be modified at any time and without notice by IOT Symphony, the applicable conditions being those in force on the date of the order by the Customer. These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for sales in stores or through other distribution and marketing channels.

These general conditions of sale are permanently accessible at the following address: www.octavio.fr/cgu/ in a computer format allowing them to be printed and / or downloaded, so that the Customer can save or save them. reproduction.

2. Products and compliance

The products offered for sale on the Site are presented with a description. The products comply with the standards applicable in France. Elements such as photographs, texts, graphics and all the characteristics illustrating and / or accompanying the Products are not contractual, which the Customer recognizes. Consequently, IOT Symphony cannot be held liable in the event of an error or omission of any of these elements or in the event of modifications to these elements.

Certain products or services may be available only online on the Site. Some products may have limited quantities. IOT Symphony strives to display the colors and images of the Products as faithfully as possible and cannot guarantee that the color displayed on the Customer's screen will be accurate. IOT Symphony reserves the right to limit the quantities of Products offered and to stop any purchase at any time. All Product descriptions or prices are subject to change without notice at any time, at the sole discretion of IOT Symphony. IOT Symphony does not guarantee that the quality of the Products purchased or obtained by the Customer will meet its expectations.

3. Order

Orders are only validated after acceptance of payment. IOT Symphony reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order. IOT Symphony can accept orders within the limits of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order. If, despite the vigilance of IOT Symphony, the Product is unavailable, IOT Symphony will inform the Customer by email as soon as possible. The customer can then wait for the availability of his product if it is still in production or he can be reimbursed for the sums already paid. The definitive or temporary unavailability of the Products cannot in any way engage the responsibility of IOT Symphony, it cannot open any right to compensation or damages in favor of the Customer.

The order of Products must in no case be intended for resale of any kind. IOT Symphony reserves the right to cancel any order made for this purpose and to refuse to deliver the Customer in future orders. Any Professional Client wishing to negotiate a "professional" or "corporate" rate must inform IOT Symphony before ordering.

These same conditions also apply to pre-orders of Products which may be offered by the company IOT Symphony (except conditions specified in the point "Pre-order").

4. Pre-order

Pre-order periods may take place on an ad hoc and / or temporary basis, without notice and without a fixed deadline. In the case of a pre-order, the following conditions will prevail over the other points (in particular "Prices", "Payment", "Order" and "Delivery"). No deadline or delivery date can be taken into account exhaustively. The deadlines announced are only indicative and determined on an estimated basis, so IOT Symphony cannot be held responsible for failure to meet these deadlines. IOT Symphony keeps the Client informed of the progress of the project and possible delays on the estimated deadlines. Pre-order deliveries will be made in order of priority of purchase by Customers. IOT Symphony reserves the right to offer a reduction code (or to apply a reduction) during a pre-order period. This code, created solely for this purpose, cannot be applied when the pre-order period has ended. Apart from the modifications set out above, the other conditions remain valid and mandatory.

5. Pricing :

The prices displayed on the Site are indicated in euros all French taxes included (French VAT and other taxes if applicable), excluding shipping costs and promotions code.

The prices indicated do not include shipping costs, known as “Delivery”. The delivery costs will be indicated in the Customer's basket, before the final validation of the order. Our Delivery policy is available on the “Delivery and Return” page of the Site: https://www.octavio.fr/shipping-returns. IOT Symphony reserves the right to modify its Delivery policy at any time and without notice.

Any promotion code, delivered in an exceptional and punctual manner by IOT Symphony, must be inserted before the final validation of the order.

The prices of IOT Symphony products are subject to change without notice. IOT Symphony reserves the right, at any time, to modify or discontinue the service (or part of it) without notice. IOT Symphony cannot be held liable to third parties for price changes, suspension or termination of the service.

IOT Symphony can offer a "professional" rate to any Professional Client wishing to equip its premises or installer of audio or home automation equipment. IOT Symphony reserves the right to refuse the negotiation of a `` professional '' rate without engaging the responsibility of IOT Symphony, any more than it can open any right to compensation or damages in favor of the Client '' professional''.

6. Obligations of the customer

The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site. The Customer undertakes to communicate to IOT Symphony the elements of actual information necessary for the performance of the service subject to these general conditions of sale as requested online and depending on their situation, including their name, first name, valid address, telephone and email. The Customer is responsible for the consequences resulting from information transmitted false, inaccurate, erroneous or whose recovery would be illegal. Once the order has been placed, the order IOT Symphony sends the Customer an e-mail confirming it. IOT Symphony informs the Customer when the Products are dispatched. The Customer can modify his data in the "my account" section.

7. Payment

Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or a deposit. The Customer pays for his order by bank card (Visa, Mastercard, American Express), with his PayPal account or via Apple Pay in accordance with the provisions of this article. For any transaction, the Customer will indicate the number on the front of his card, the expiration date of his card and the cryptogram on the back of his card (last three digits). The communication by the Customer of his bank card number authorizes IOT Symphony to debit his account up to the amount of his order. No cash on delivery will be accepted, whatever the reason. IOT Symphony retains ownership of the Product until full payment by the Customer. Purchases are made securely, the payment solutions offered by IOT Symphony are 100% secure. For payments by credit card, all the information that Customers communicate to IOT Symphony is strictly protected and guarantees the compliance and security of each transaction.

8. Shipping

The Delivery policy offered by IOT Symphony is detailed on the “Delivery and Return” page of the Site: https://www.octavio.fr/shipping-returns.

The Products ordered on the Site are prepared by IOT Symphony, several shipments are possible. The delivery costs of a standard delivery (Colissimo) to mainland France (excluding Corsica) are borne by IOT Symphony for any order of an amount greater than 200 € (two hundred euros).

The Products are shipped with the delivery note, to the delivery address indicated by the Customer when ordering. The address indicated must be in the possibility of receiving packages. The delivery times indicated on the site are indicative, corresponding to the average processing and delivery times. In order to meet these deadlines, the Customer must ensure that he has communicated exact and complete information concerning the delivery address (such as: street number, building number, building name, staircase, access codes, names and / or intercom numbers, e-mail, telephone number, etc.).

IOT Symphony undertakes to inform the Customer of the progress of the processing of his order. In case of damaged packages (already opened, missing products, etc.), the Customer agrees to notify the carrier and IOT Symphony, by all means, all reservations within 3 days of receipt of the product.

IOT Symphony cannot be held responsible for the consequences due to a delay in delivery which is not caused by it.

 

IOT Symphony reserves the right to offer delivery costs over specific and punctual periods. Outside the period specified at the time of ordering on the Site, the Customer cannot request an exemption from delivery costs.

9. Returns and refund

The return and refund policy offered by IOT Symphony is detailed on the “Delivery and Return” page of the Site: https://www.octavio.fr/shipping-returns.

Right of withdrawal: The customer may withdraw within 30 (thirty) days from the date of validation of the order for mainland France (excluding Corsica) and within 30 days from the date of receipt of the order for Corsica, the DOM-TOM and the other countries. After this period, IOT Symphony will be unable to refund or exchange the Product.

Return costs are offered from mainland France (excluding Corsica). The Customer will only be reimbursed after receipt of the functional Product and in its original packaging by IOT Symphony.

Sale items cannot be refunded.

For any refund, the Customer must contact the IOT Symphony customer service at the email address contact@octavio.fr. The return of one or more Products is made by the Customer's ticks. The Product must imperatively be returned in its original packaging and in its original state, accompanied if possible by the delivery slip received in the order at the following address:

IOT Symphony

99A, boulevard Constantin Descat

59200 TOURCOING

Failure by the Customer to comply with the return conditions. IOT Symphony cannot refund or issue a credit for the Products concerned. Upon receipt of the return, a confirmation email will be sent to the Customer. The credit or refund will be made within 30 (thirty) days of receiving the Product and after checking its condition. The refund will be automatically made on the account associated with the bank card used during payment or on the PayPal account used for payment. In the case of other means of payment, IOT Symphony will contact the Customer to establish the procedure and the means of reimbursement.

10. Intellectual property

Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.). This Site or any part of this Site must in no case be copied, reproduced, sold or exploited for commercial reasons without the written authorization of IOT Symphony.

In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site and on the Products will remain the whole property of IOT Symphony.

The Customer is therefore required to respect intellectual property rights and may in no way use the brands appearing on the Site and on the Products, or register any brand that would prejudice the holder of the rights, unless otherwise provided in the contract. The same applies to all other intellectual property rights.

11. Personal data

The IOT Symphony policy in terms of Personal Data is detailed on the page: "Privacy Policy": www.octavio.fr/privacy-policy.

IOT Symphony undertakes to use the confidential information of Customers only in the context of the operation of its Site. For the orderly progress, the personal data collected is subject to computer processing, the Customer acknowledges having knowledge of it. In this way, information about him can be transmitted and communicated to technical service providers and IOT Symphony partners. The company IOT Symphony may apply technical means to obtain szq non-personal information relating to Internet users and intended to improve the functionality of the Site, for example by tracking the number of visitors on certain pages.

In accordance with the law of January 6, 1978 modified by the law of August 6, 2004, the Customer has a right of access and rectification of the personal data concerning him appearing in the files of IOT Symphony. All requests must be sent by e-mail to the address: contact@octavio.fr.

12. Guarantees and liability

IOT Symphony has, for all stages of access to the Site, from the ordering process to the dispatch of the parcel or subsequent services, only an obligation of means. The responsibility of IOT Symphony cannot be engaged for any damage or inconvenience inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance to law and jurisprudence.

13. Force majeure

In the event of an event of force majeure, the party concerned must inform the other within 15 (fifteen days from the occurrence of this event, by registered letter with acknowledgment of receipt. Are considered as cases force majeure, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riot, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of transportation or supply for any reason, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to marketing, computer failure , blocking telecommunications, including wired or wireless telecommunications networks, and all other cases beyond the control of the parties preventing normal execution of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation for either party. If the force majeure event continues for more than 3 (three) months, the contract concerned may be automatically terminated without compensation for either party.

14. General provisitions

Updating: These general conditions can be modified at any time and without notice by IOT Symphony, the applicable conditions being those in force on the date of the Customer's order. These general conditions of sale are permanently accessible at the following address: www.octavio.fr/CGU/ in a computer format allowing them to be printed and / or downloaded, so that the Customer can save or save them. reproduction.

Partial invalidity of a clause: If any of the stipulations of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other stipulations.

Applicable law and competent court: These general conditions are subject to French law as regards the substantive rules as the rules of form. Any dispute must be the subject of a prior attempt to settle amicably. In the absence of an amicable agreement, jurisdiction will be assigned to the competent French courts, notwithstanding plurality of defendants or third parties.

Reproduction of applicable texts (ordinance 2005-136 of February 17, 2005, consumer code, civil code):

Art. L. 211-4. From the Consumer Code:

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.

Art. L. 211-4 of the Consumer Code:

To comply with the contract, the product must:

1 ° To be fit for the use usually expected of a similar good and, if necessary: ​​to correspond to the description given by the seller and to have the qualities that it) presented to the Customer in the form of a sample or model; present the qualities that a Customer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling.

2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.

Art. L. 211-12 of the Consumer Code:

The action resulting from the lack of conformity lapses two years after delivery of the goods.

Art. 1641 of the Civil Code:

The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much, that the Customer would not have acquired it, or would have given that a lower price, if he had known.

Art. 1648 paragraph 1 of the Civil Code:

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

You can contact IOT Symphony by e-mail at contact@octavio.fr

Payments methodes

The following payment methods are accepted:

Bank cards by Stripe

PayPal

 

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