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NETATMO:
TWO
YEAR
LIMITED
GUARANTEE
(PRODUCTS BOUGHT VIA THE SHOP BENEFIT FROM AN
ADDITIONAL YEAR'S GUARANTEE)
NETATMO (SAS) guarantees, at no additional cost,
the hardware components of the product ('Product')
against any material or workmanship defects when it is
used in accordance with the NETATMO documentation
('Documentation'), for a period of two (2) years after
the date when the product was originally purchased
('Guarantee Period') from NETATMO or an authorised
NETATMO dealer by the original buyer ('Customer', 'you'
or 'your'), the invoice dates providing proof of this.
Parts subject to wear and tear (batteries, etc.) are
guaranteed for 6 months from the date when the Product
was purchased.
This guarantee applies to any consumer as defined by the
European directives, namely «any natural person who is
acting for purposes which are outside his trade, business,
craft or profession ».
IMPLEMENTATION OF THIS GUARANTEE
If NETATMO finds that the Product does not comply
with this commercial guarantee, NETATMO shall be
entitled, at its sole discretion and upon submission of a
valid guarantee claim, to (i) use commercially reasonable
efforts to replace the faulty Product with new or repaired
equipment offering equivalent functions to the Product to
be repaired; (ii) refund the original purchase price of the
Product in exchange for the faulty Product.
Any returned or repaired Product shall be covered by the
commercial guarantee for the remainder of its term. The
commercial guarantee may not be transferred from the
Customer to any other subsequent owner of the Product,
and the Guarantee Period may not be extended in the
case of such a transfer.
The commercial guarantee is limited to the actions listed
in the first paragraph of this article and expressly excludes
any additional compensation, for any reason whatsoever,
with the exception of the implementation of legal or
regulatory provisions in force.
IMPLEMENTATION CONDITIONS
The implementation of the NETATMO guarantee is subject
to the Customer complying with the following points : (i)
inform NETATMO, by logging on to the website https://
www.netatmo.com during the Guarantee Period, of any
Product fault, providing a detailed description of the
presumed fault, (ii) comply with the current Returns Policy
provided by NETATMO (cf. General Terms and Conditions
of Sale, 'Right of Cancellation and Return' article), (iii) send
back the Product concerned, at the Customer's expense,
so that NETATMO can repair or replace it, and (iv) present
NETATMO with proof of purchase for the Product.
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If NETATMO considers, after having examined the
returned Product, that the Product is an Ineligible Product
(cf. 'Exclusions' article in this documentation), NETATMO
shall no longer be subject to any guarantee obligation.
NETATMO shall reimburse the Customer for the return
shipping costs, except if a Product has been declared
Ineligible, in which case the Customer shall pay the return
shipping costs.
EXCLUSIONS
NETATMO shall not be subject to any guarantee obligations
in the following cases ('Exclusions') ('Ineligible Product') : (i)
the Product does not have any material or workmanship
defects (ii) the Product has defects for which NETATMO
is not responsible (iii) the words 'sample' or 'sold as is' are
on the Product (iv) the Product serial number is illegible or
missing, or (v) the Product (a) has undergone alterations,
adjustments, repairs or corrections by any party other than
NETATMO or an authorised representative of NETATMO;
(b) has been handled, stored, installed, tested or used
without complying with the applicable Documentation;
(c) has been damaged by abuse, negligence, lack of
care, an accident or improper use; (d) has been subject
to outages, fluctuations or interruptions in the electricity
or telecommunications networks; (e) has been damaged
by any natural disaster including fire, floods, tornadoes,
earthquakes, hurricanes, heavy snowfall, lightning, riots,
uprisings, acts of war or any other disaster.
GUARANTEE DISCLAIMER
Subject to the limitations set out above, the products
are provided 'as is'. Netatmo disclaims all guarantees
and conditions relating to the products, be they express,
implied or statutory, including the implied guarantees of
merchantability, fitness for a particular purpose, title, non-
infringement of third parties rights, peaceful enjoyment
and precision. Netatmo does not guarantee that the
operation of the product will be error-free or will never be
interrupted or that the product will always process data
correctly.
LIMITATION OF LIABILITY
Under no circumstances (a) may Netatmo be held liable
for incidental, exemplary, special or indirect damages,
including damage related to loss of data or loss of profit,
arising from this limited guarantee or the products, even
if Netatmo knew or should have known of the possibility
of such damage, and (b) Netatmo's total cumulative
liability arising from this limited guarantee or the products,
whether founded on a contractual obligation, tort or
otherwise, may not exceed the cost actually paid by
the customer to Netatmo or to an authorised NETATMO
dealer for the product in question in the previous 12
months (where appropriate). This limitation is cumulative
and shall not be increased by the existence of more than
one incident or claim. Netatmo disclaims all liability of any
kind whatsoever regarding Netatmo's suppliers.
Netatmo's online services ('services') provide information
('product
information')
on
internal
and
external
measurements. Without limiting the general scope of the
above disclaimers, all information relating to the product
is provided for your convenience, 'as is' and 'upon
availability'. Netatmo cannot claim or guarantee that the
information relating to the product shall be available,
accurate or reliable. Use of the information relating to the
product, the services or the product is done at your own
discretion and risk. You shall be solely liable (and Netatmo
accepts no responsibility) for any loss, responsibility or
damage arising from your use of the information relating
to the product, the services or the product.
CONSUMER PROTECTION
Some states do not allow the exclusion of implied
guarantees or the exclusion or limitation of incidental
or consequential damages. Consequently, the above-
mentioned limitations or exclusions may not apply to
you. This guarantee gives you specific rights which may
vary from state to state. The disclaimers, exclusions and
limitations of liability under this limited guarantee shall not
apply where prohibited by the applicable law.
In this regard, it is recalled that independently from this
commercial guarantee, if the sale is governed by French
law, the seller remains bound vis-à-vis the consumer by
the legal guarantee of conformity for the goods and the
hidden defects guarantee under the terms and conditions
provided for by Articles L. 217-4 to L 217-12 of the French
Consumer Code and Articles 1641 of the French Civil
Code, the content of which is set out below:
Article L.217-4 of the French Consumer Code:
The seller must deliver goods in accordance with the
contract and is liable for any defects in conformity found
at the time of delivery. The seller shall also be liable for
defects in conformity resulting from packaging, assembly
instructions or installation when the latter has been
charged to the seller by the contract or carried out under
the seller's responsibility.
Article L.217-5 of the French Consumer Code:
The goods are in accordance with the contract:
1. If they are suitable for the purpose usually associated
with such a product and, if applicable:
-if it corresponds to the description given by the seller and
possesses the qualities that the seller has presented to
the buyer in the form of a sample or a model;
-if it possesses the qualities that a buyer might reasonably
expect given the public statements made by the seller, the
manufacturer or its representative, particularly with regard
to advertising or labelling;
2. Or if they comply with the characteristics defined by
mutual agreement by the parties or are suitable for any
particular purpose for which the buyer requires them and
which he has made known to the seller and that the seller
has accepted.
Article L.217-12 of the French Consumer Code:
Any action resulting from a lack of conformity shall lapse
two years after the delivery of the goods.
Article L.217-16 of the French Consumer Code:
When the buyer asks the seller, during the course of
the commercial guarantee which has been granted to
him upon the procurement or the repair of a movable
property, for a restoration covered by the guarantee, any
period when the goods are out of use of at least seven
days is added to the remaining term of the guarantee. This
period runs from the request for intervention by the buyer
or the provision for repair of the property in question, if this
provision is subsequent to the request for intervention.
Article 1641 of the French Civil Code:
The seller must guarantee against hidden defects in the
object sold which render it unfit for the use for which it
was intended, or that reduce this use to the point that the
buyer would not have purchased it, or would have paid a
lower price, if they had known about their existence.
Article 1648 paragraph 1 of the French Civil Code
Any action resulting from latent defects must be brought
by the purchaser within two years from discovery of the
defect.
In the case provided for by Article 1642-1, the action must
be brought, under penalty of foreclosure, in the year
following the date on which the seller may be discharged
for any apparent defects or lack of conformity.
NETATMO : GARANTIE LIMITEE DE 2 ANS (LES
PRODUITS ACHETÉS SUR LE SHOP BÉNÉFICIENT D'UNE
EXTENSION DE GARANTIE D'UN AN)
NETATMO (SAS) garantit sans coût complémentaire les
composants matériels du produit ('Produit') contre tout
défaut de matériaux et de fabrication lors de son utilisation
en conformité avec la documentation de NETATMO
('Documentation'), pour une période de deux (2) ans
suivant la date d'achat du produit d'origine ('Période de
Garantie') auprès de NETATMO ou d'un revendeur agréé
de NETATMO par l'acheteur initial ('Client', 'vous' ou 'votre/
vos'), les dates de factures faisant foi
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