Terms and Conditions of Sale

The present General Conditions of Sale are up to date on April 05, 2023.

 

This document defines the General Terms and Conditions of Sale (hereinafter referred to as the “Terms and Conditions of Sale”) which govern the contractual relationship between the company Daan Technologies (hereinafter referred to as the “Company”) and its customers (hereinafter referred to as the “Customer” or “Customers”) in connection with the sale of products offered for sale on the website https://sav.daan.tech (hereinafter referred to as the “Website”).

 

The Site offers Customers the opportunity to purchase spare parts developed by Daan Technologies (hereinafter the “Product” or “Products”) through the online store.

 

 

 

1.1. The purpose of these General Terms and Conditions of Sale is to define the terms of distance selling between the Company on the one hand and the Customer making a purchase on the Site on the other hand. They therefore apply to any Order (hereinafter the “Order”) for Products placed on the Site by a Customer.

 

 

1.2. The General Terms and Conditions of Sale govern exclusively the contracts for the online sale of the Company’s products to the Customers and constitute, together with the online order, the contractual documents opposable to the parties, to the exclusion of any other documents, leaflets, catalogs or photographs of products which have only an indicative value.

 

The General Conditions of Sale are exclusively applicable to products delivered to Customers established in metropolitan France, in a member country of the European Union, in the United Kingdom and in Switzerland. 

 

 

1.3. The General Terms and Conditions of Sale are available to Customers on the Site where they can be consulted directly and can also be communicated on request by telephone, e-mail or post.

 

The General Terms and Conditions of Sale are enforceable against the Customer who acknowledges, by checking a box provided for this purpose, having read and accepted them before placing an Order.

 

The validation of the Order by its confirmation implies that the Customer agrees to the General Terms and Conditions of Sale in force on the day of the Order.

 

 

1.4. The Company reserves the right to modify its General Terms and Conditions of Sale at any time. In case of modification of the General Terms and Conditions of Sale, the applicable General Terms and Conditions of Sale are those in force on the date of the order, a copy of which dated to this day can be given to the Customer at his request.

 

 

 

1.5. The nullity of a contractual clause does not entail the nullity of the General Sales Conditions. The temporary or permanent non-application of one or more clauses of the General Terms and Conditions of Sale by the Company shall not constitute a waiver of the other clauses of the General Terms and Conditions of Sale, which shall continue to have effect.

 

 

The Customer is personally responsible for setting up the computer and telecommunication means to access the Site. The Customer shall bear the telecommunications costs of accessing the Internet and using the Site.

 

 

 

 

3.2. The Products offered for sale are described and presented with the greatest possible accuracy. Nevertheless, without this being limitative, a minimal variation in the color or composition of the Product(s) does not engage the responsibility of the Company and does not affect the validity of the sale.

 

The photographs illustrating the Products do not constitute a contractual document.

 

The Company reserves the right to correct the content of the Site at any time.

 

 

3.3. The Products comply with the requirements of French law in force at the time they are placed on the market.

 

 

 

3.4. Availability of Products

 

The spare parts on the Site are available for 10 years.

DAAN TECH reserves the right to change the assortment of parts depending on the continuous improvement of the components.

The Site displays the availability of Products in stock. Only the processing of the order, after validation of the order by the Customer, allows to verify with exactitude the effective availability of the corresponding Products. A Product that is not in stock cannot be ordered by the Customer.

 

 

 

4.1. Steps for concluding the contract – To place an Order, the Customer fills in his virtual shopping cart indicating the selected Products and the desired quantities, then clicks on the “Order” button and provides the delivery and payment information.

 

Before clicking on the “Confirm Order” button, the Customer may check the details of his/her Order and its total price and return to the previous pages to correct any errors or modify his/her Order.

 

The confirmation of the Order implies acceptance of the General Terms and Conditions of Sale and forms the contract.

 

An e-mail acknowledging receipt of the Order and its payment is sent by the Company as soon as possible.

 

 

 

4.2. Order Modification – Any modification of the Order by the Customer after confirmation of the order is subject to the Company’s acceptance. The Company reserves the right to make changes to the Product ordered that are related to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.

 

 

4.3. Order Validation – The Company reserves the right to refuse any order for legitimate reasons.

 

 

4.4. The sales contract is formed when the Customer sends confirmation of his/her Order, via the “Confirm Order” button.

 

 

4.5. The archiving of communications, order forms and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1379 of the Civil Code. These communications, order forms and invoices may be produced as proof of the contract.

 

 

 

 

ARTICLE 5 – PRICES

 

5.1. The prices are mentioned on the Site in the description of the Products, in euros and all taxes included. The selling price of the Products does not include the shipping costs charged. Supplements may apply for destinations outside mainland France, and in particular for deliveries to other European Union member states, the United Kingdom or Switzerland. The prices indicated for Switzerland and the United Kingdom are exclusive of VAT, the VAT is therefore charged at the time of delivery with the customs service of the country concerned.

 

The selling price of the Product is the one in effect on the day of the Order. The Company reserves the right to modify its prices at any time, while guaranteeing to the Customer the application of the price in force on the day of the Order.

 

 

5.2. The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions of Sale, validates the Order, fills in and validates the delivery and, if applicable, the billing information and proceeds to payment. This total amount is indicated including all taxes. The total amount also includes the delivery costs, the amount of which is specified.

 

 

5.3. Orders for Products on the Site are payable in euros, pounds sterling or Swiss francs in full on the date of the Order. No Order can be taken into account without full payment.

 

 

5.4. For payments by credit card, the Site uses the security system of a provider specialized in the security of online payments. This system guarantees the Customer the total confidentiality of his banking information. The bank transaction by credit card, carried out between the Customer and the secured system is thus entirely encrypted and protected. The Client’s bank details are not stored electronically by the Company.

 

 

5.5. The Client warrants to the Company that he/she has the necessary authorizations to use the method of payment chosen when placing the Order.

 

 

5.6. The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount owed by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

 

 

6.1. The Product(s) offered on the Site can be delivered to Metropolitan France as well as to the European Union Member States, the United Kingdom and Switzerland.

 

 

6.2. The Company undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 15 working days after receipt of the Order.

 

 

6.3. The Customer is informed by email, when his Order is ready, of its shipment. The product(s) ordered shall be delivered to the delivery address indicated by the Customer at the time of the Order in accordance with the conditions specified in Article 4.1 of these General Terms and Conditions of Sale.

 

 

6.4. The Customer must ensure that the information communicated in article 4.1 of these General Terms and Conditions of Sale is correct, and that it remains correct until delivery of the product(s) ordered is complete. The Customer therefore undertakes to inform the Company of any change in billing and/or delivery details that may occur between the order and the delivery, by sending, without delay, an email to the following address hello@daan.tech

 

Otherwise, in case of delay and/or error in delivery, the Client may not in any case hold the Company liable for failure to deliver, and the Company’s Customer Service will contact the Client for a second delivery at the Client’s expense.

 

The Company shall not be liable if the non-receipt of the Products is due to a third party outside its intervention or in case of theft.

 

In the event that the Order is returned due to the Client’s absence, the Company’s Customer Service will contact the Client for a second delivery at the Client’s expense.

 

 

6.5. When the Product ordered is not delivered within the time limits provided for in the General Terms and Conditions of Sale, the Customer may, after having unsuccessfully enjoined the Company to perform its delivery obligation within a reasonable additional time, terminate the contract by registered letter with acknowledgement of receipt or by writing on another durable medium.

 

 

6.6. The risk of loss or damage to the Products passes to the Customer at the time the Customer or a third party designated by the Customer takes physical possession of the Product(s), regardless of its nature.

 

 

The Product, which is delivered to the Customer by a carrier chosen by the Company, travels at the Company’s risk. The product, which is delivered to the Customer by a carrier chosen by the Customer, travels at the Customer’s risk from the moment of delivery to the carrier.

 

 

 

 

Spare parts for Daan Technologies products are available for eleven (11) years from the date of purchase of the product.

 

 

 

 

All spare parts supplied by the Company are guaranteed for 1 year from the date of receipt.

 

The Customer may exercise his guarantees by sending his request to : Daan Technologies, ZA Mortier Est, 85610 Cugand (France).

 

 

When acting under the legal warranty of conformity, the Customer :

 

 

The Customer can decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

 

 

 

 

9.1. The Customer agrees to abide by the terms of these General Terms and Conditions of Sale.

 

 

9.2. The Client agrees to use the Site in accordance with the Company’s instructions.

 

 

 

• use the Site in any manner that is unlawful, for any purpose that is unlawful or in any manner that is inconsistent with these Terms and Conditions;
• to sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the contents of the Site or to decompile, reverse engineer, disassemble, modify, display in customer-readable form, attempt to discover any source code, or use any software that enables or comprises all or part of the Site;
• attempt to gain unauthorized access to the Site’s computer system or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance or deteriorates the functionality of the Site
• misuse the Site by intentionally introducing viruses or any other malicious programs and attempt to gain unauthorized access to the Site.
• infringe the intellectual property rights of the Company and/or resell or attempt to resell the products to third parties.
• to denigrate the Site and/or the products as well as the Company on social networks and any other means of communication.

 

9.5 To be able to access the purchase of spare parts on the sav.daan.tech website, the customer must first have ordered at least one product on the daan.tech website and thus proceed to a customer account on the daan.tech website. 

 

11.1. The Company shall take all appropriate measures to ensure that the Customer is provided with quality Product(s) under optimal conditions. However, the Company shall not be held liable for any failure to perform or improper performance of all or part of the services provided for in the contract, which is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure. More generally, if the Company’s liability were to be incurred, it could not under any circumstances agree to compensate the Client for indirect damages or damages whose existence and/or quantum would not be established by evidence.

 

For cross-border contracts within the European Union, the Company cannot be held responsible for the non-conformity of the product with the legislation of the Client’s country, who is responsible for verifying that the product is not prohibited for sale in his country.

 

 

11.2. In the event of damage caused by a safety defect in the Product, the Customer must seek the responsibility of the manufacturer identifiable from the information on the product packaging.

 

 

11.3. The Site may contain links to other sites not edited or controlled by the Company, which shall not be held responsible for the operation, content or any element present or obtained through these sites.

 

 

11.4. The establishment of such links or reference to any information, articles or services provided by a third party cannot and shall not be construed as an express or implied endorsement by the Company of such sites and materials or their contents.

 

 

11.5. The Company is not responsible for the availability of these sites and cannot control the content of these sites nor validate the advertising, product(s) and other information on these websites.

 

 

11.6. It is expressly stipulated that the Company shall in no way be held liable, in any way whatsoever, in the event that the Customer’s computer equipment or electronic mailbox rejects, for example due to anti-spam software, the electronic mail sent by the Company, including but not limited to the copy of the payment receipt, the Order summary or the shipment tracking e-mail.

 

 

11.7. The Client is fully aware of the provisions of this article and in particular of the aforementioned warranties and limitations of liability, essential conditions without which the Company would never have contracted.

 

 

 

 

12.1. Customers are informed that their personal data is used and processed in accordance with the Company’s privacy policy, which is available here.

 

 

12.2. The Customer undertakes not to undermine the security of the Site. To this end, he/she undertakes not to carry out any fraudulent access and/or maintenance in the Company’s information system. The Client may not damage or interfere with the Company’s information system. If he fails to do so, the Company may take any measure against him and, in particular, incur criminal liability under Articles 323-1 et seq. of the French Penal Code.

 

 

All elements of this Site and the Site itself are protected by copyright, trademark, design rights and/or any other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.

 

 

The use of the name and trademark “Daan Technologies”, the name and trademark “Bob”, logos, designs, stylized letters, figurative marks, and all signs represented on this Site is exclusively reserved to the Company.

 

 

No title to or interest in any material or software will be obtained by downloading or copying material from this Site. Customer is expressly prohibited from reproducing (other than for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to, modifying or performing any work based on this Site and the materials and software contained therein, or selling or participating in any sale of this Site, the materials on this Site, or any software related thereto.

 

 

The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and may not be assigned or transferred to any third party. The license is granted for the duration of the use of the Site.

 

 

Any use by the Client of the corporate names, trademarks and distinctive signs belonging to the Company is strictly prohibited without the Company’s express prior written consent.

 

 

 

 

 

 

14.1. These General Terms and Conditions of Sale are governed by and construed in accordance with French law, without regard to principles of conflict of laws.

 

 

The foreign Customer having contracted on a French site will have to demonstrate, in order to obtain from the judge the application of his own law, that the French law is less favorable than that of his country and that the law of his country creates an obstacle to trade in the internal market which is justified by the protection of consumers.

 

 

14.2. In the event of a dispute arising from the interpretation and/or performance of these General Terms and Conditions of Sale, the Client may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.

 

 

14.3. The Customer may visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address, which lists all the approved dispute settlement bodies in France: https://webgate.ec.europa.eu/odr/.

 

 

14.4. In case of failure of this mediation procedure or if the Customer wishes to bring an action before a court, the rules of the civil procedure code will apply.