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General Terms of Sale and Services

 

These General Terms of Sale and Services (hereinafter the “GTSS”) are intended to define the terms and conditions of sale and service applicable to any natural person, of legal age and capacity, having the status of consumer within the meaning of the law and case law (hereinafter the “Customer“) who buys on the website www.nearsens. com, Products and/or subscribes to a Service offered by NEARSENS, a simplified joint stock company with a capital of 50,000 euros, whose registered office is located at ZAC Saint-Philippe II-Quartier Des Templiers 400 Avenue de Roumanille – 06410 BIOT, registered in the Antibes Trade and Companies Register under number 837 900 778, represented by its Chairman, Mr Cyril VANNIER, duly authorised for the purpose hereof (hereinafter “NEARSENS”). Hereinafter referred to individually as the “Party” or collectively as the “Parties

 

ARTICLE 1 – PRE-CONTRACTUAL INFORMATION OF THE CONSUMER CUSTOMER

The Customer acknowledges having received communication of these GCS, prior to the Order of the Product(s) and/or Service(s), in a legible and comprehensible manner, and of all the information listed in article L. 221-5 of the French Consumer Code, and in particular the following information:

– The essential characteristics of the Product(s) and/or Service(s), as well as the technical prerequisites necessary for the installation of the Products and/or the provision of the Services ;
– The price of the Product(s) and/or Service(s);
– The date or the deadline by which NEARSENS undertakes to deliver the Product(s) or to provide the Service(s);
– Information relating to NEARSENS, its postal, telephone and electronic contact details, and its activities;
– The conditions of implementation of the legal guarantee of hidden defects and the legal guarantee of conformity;
– Information relating to the contractual guarantees, and their terms and conditions of implementation;
– Information on the right of withdrawal (existence, conditions, time limit, manner of exercising this right), cancellation and other important contractual conditions;
– The possibility of recourse to a consumer ombudsman;
– The means of payment accepted.

 

ARTICLE 2 – DEFINITIONS

The following terms, whether used herein in the singular or plural, shall always have the following definition:
 
Subscription : means any subscription to the Services taken out by the Customer, detailed in the Order Confirmation;
 
Anomaly : means any malfunction of the Software Solutions incorporated into the Products and/or the Application.
 
Application : designates the Nearsens application developed and published by NEARSENS, which holds the exclusive property, allowing the Customer to access the Services;
 
Assistance : refers to the assistance services provided by NEARSENS to the Client and consisting of advice and assistance in the use of the Product(s) and/or the Application;
 
Commande: désigne tout acte d’achat et de souscription effectué par le Client sur le Site, précisant la nature, le prix et la quantité de Produits et/ou l’Abonnement aux Services souhaités ;
 
Order : refers to any purchase and subscription made by the Client on the Site, specifying the nature, price and quantity of Products and/or the Subscription to the desired Services;
 
Agreement : means these GCS and any appendix that is added to the General Terms and Conditions of Use of the Site and the Application;
 
Personal Data: refers to all types of information, data and content, collected and processed in the context of the use of the Product(s) and/or Service(s) which, in the sense of the French Data Protection Act of 6 January 1978 as amended and Regulation (EU) 2016/679 of 27 April 2016, allow a natural person to be designated or identified, directly or indirectly;
 
Maintenance : means the services including corrective, adaptive and evolutionary maintenance of the Software Solutions and/or the Application;
 
Products : refers to the Nearsens connected products ordered by the Customer. The Products are detailed and described on the Site, the Order Confirmation, and/or in the technical documentation (user manual, installation manual, etc.) sent to the Customer.
 
Services : refer to :
a. the services associated with the installation of the Product that NEARSENS undertakes to provide to the Customer, namely :
i. the service of configuration and commissioning of the Product(s) and the Software Solutions integrated into the Product(s) ;
ii. support and maintenance services for the Application and Software Solutions integrated into the Products;
b. the services provided, whether or not in the form of a Subscription, by means of the Software Solutions integrated into the Product(s) and the Application connected to the Product(s):
i. remote connection (cloud) and backup (eSIM) services
ii. remote surveillance, concierge services, secure home delivery, etc., depending on what the Client has subscribed to at the time of the Order.
 
Site : refers to the website www.nearsens.com on which the Customer places the Order;
 
Software Solutions : designates the software solutions integrated into the Products, developed by NEARSENS, which holds the exclusive property. The use of the Software Solutions integrated into the Products is granted to the Customer in accordance with article 14;
 
Third Parties : refers to all persons (natural or legal person) other than the Parties.

 

ARTICLE 3 – ACCEPTANCE

The GCS are concluded between NEARSENS and the Customer who wishes to purchase Products, subscribe to Subscriptions and take advantage of the Services offered by NEARSENS via the Application. The GCS constitute a contract between NEARSENS and the Client. The purchase of Products and/or the subscription of Services is subject to the acceptance and observance of the GTCS by the Client. Any Order on the Site is subject to the acceptance of the GCS by the Customer by ticking the box provided for this purpose. By ticking the box for acceptance of the GTCS in order to finalise an Order, the Customer acknowledges having read the GTCS and having fully understood them and undertakes to comply with their content.

NEARSENS reserves the right to modify the GCS at any time and without notice. In case of modification, the GCS applicable to the Customer are those in force at the date of his Order.

In the event that one of the clauses of the GCS are invalid due to a change in legislation or regulations or declared as such by a final court decision, this will in no way affect the validity and respect of the other clauses of the GCS.

The General Terms and Conditions of Sale are directly accessible on the Site by clicking on the “General Terms and Conditions of Sale” tab appearing on all pages of the Site. They can be downloaded free of charge.

 

ARTICLE 4 – PLACING AN ORDER

4.1 Products and Services offered

The Site allows the Customer to purchase Products and subscribe to Services online. The Customer can have the Products delivered in France or abroad (see Article 6 “Delivery”).

Each Product is accompanied by a description sheet, simply click on the Product to display its description. The Services are detailed on the Site.

The prices of Products and Services are valid as long as they are visible on the Site, within the limit of available stocks.

Errors or modifications may exceptionally occur, in particular in the case of simultaneous orders of the same Product by several Customers. In the event of the unavailability of a Product after the order has been placed, NEARSENS will inform the Customer by email or telephone as soon as possible, offering the Customer either to order another Product presented on the Site as a replacement, or to cancel the order.
 
4.2 Ordering

4.2.1 Selection of Products and Services

The Customer goes to the Site, chooses the Products he wishes to purchase and the Services he wishes to subscribe to.

The Products and Services are listed by category in the various tabs of the Site.

By clicking on the Product or Service, the Customer accesses its description sheet and selects it by clicking on “Add to basket”.

The Customer can access his basket where all the Products and Services selected are displayed (hereinafter the “Basket”).

The Customer may choose to continue shopping or complete the Order.

The Customer can consult his selection by clicking on “Shopping Basket”: the photo(s) of the Product(s), the quantity(ies) chosen, their unit price(s), the price of the Service(s) and the total of the selection.

4.2.2 Finalisation of the Order

Completion of the Order requires the Customer to create an Account (hereinafter the “Account”). To create an Account, the Customer must have a valid email address.

The Customer can create an Account by clicking on the “Login” tab and then “Create your Account” on the home page of the Site, then by entering his email address and a password.

The Customer is invited to read the general terms and conditions of use of the Site then, if he accepts them, to click on “Validate” to finalise the creation of his Account.

The Customer then receives an email confirming the opening of the Account, to the email address he has indicated.

The Client is then invited to fill in all the information required in the form. Mandatory information is indicated with an asterisk.

The Customer accesses a summary of the delivery and invoicing address, he is invited to specify if the addresses are different and, if necessary, to make changes accordingly.

The Customer then chooses the method of shipment of the Order, as specified in article 6 hereof.

The Customer then has access to the summary and the total price of his Order. It is up to the Customer to check that there are no errors, after which he confirms that he has read and accepted these GCS by ticking the box “I have read and accept the GCS” and indicates his wish to proceed with the Order by clicking on the payment method he wishes to use to pay for his Order and by proceeding with payment as specified in article 5 hereof.

At any time, before proceeding with payment, the Customer may return to the previous pages to correct any errors.

Once payment of the total price has been made, an email acknowledging receipt of the Order is sent to the Customer by NEARSENS (hereafter “Order Confirmation”). This email also reminds the Customer of the methods of payment of the price of the Order.

The sale will only be considered final after NEARSENS has sent the Client this Order Confirmation email and the full price has been paid in full.

The Customer will be able to access his Order on the Site from his Account.

The Customer accepts the use of electronic mail for the transmission of the information he requests concerning the conclusion and/or execution of the Services and/or the GCS.

 

ARTICLE 5 – FINANCIAL CONDITIONS

5.1 Prices

The price of each Product and Service is displayed on the Site in the description corresponding to the Product and Service. It is indicated in euros, including all taxes, the applicable VAT being that applicable on the date of the Order. The price of the Product and/or Service is that in force on the date of the Order.

Unless otherwise stated, the sale price of the Product does not include delivery and shipping costs.
 
5.2 Payment

Online payment by credit card is accepted on the Site. Credit and debit cards are accepted.

The Customer will be redirected to the payment page of the partner payment provider. The bank details entered by the Customer on this page are encrypted. They are collected and processed solely by the payment service provider, in compliance with the applicable regulations on the protection of personal data. Payment shall be made in accordance with the general terms and conditions applicable to the payment service provider’s secure payment service, which are accessible on its website.

Should it prove impossible to debit the Price, the sale and/or subscription shall be immediately cancelled and the Order cancelled.
 
5.3 Late payment

By express agreement and except in the case of a postponement requested in time and granted by NEARSENS in a particular and written manner, the total or partial non-payment on the due date of any sum due under the contract will automatically and without prior formal notice lead to the application of interest until the day of effective payment corresponding to three times the legal interest rate per day of delay as well as a fixed compensation for collection costs of 40 €.

NEARSENS may also suspend the granting of any License and any service provided via the Application, after formal notice by registered letter with acknowledgement of receipt has remained without effect, without prejudice to NEARSENS’ right to terminate the agreement.

 

ARTICLE 6 – DELIVERY – INSTALLATION OF THE PRODUCT(S)

6.1 Delivery date

The estimated delivery times for the Product(s) are indicated in the Order Confirmation.

NEARSENS will immediately inform the Customer of any event that may have an influence on the delivery and installation of the Order.
 
6.2 Place of delivery – installation

The Product(s) will be delivered, together with the technical documentation, to the place specified in the Order Confirmation.

NEARSENS cannot be held responsible for the impossibility to deliver the Product in case of erroneous information provided by the Customer on his delivery details.
 
6.3 Methods of delivery

NEARSENS offers the following delivery methods:

– Colissimo : delivery within 2 days from Monday to Saturday.
– Colissimo expert international: delivery within 1 to 5 days depending on the destination.
– DHL domestic express: delivery within 1 day from Monday to Saturday,
– DHL worldwide express: delivery within 1 to 5 days depending on the destination.

The method of delivery is specified in the Order Confirmation.
 
6.4 Apparent defect of the parcel

The Customer is obliged to check the apparent condition of the package upon delivery.

At the time of delivery, if the Customer finds that the package containing the delivered Product is damaged or open, the Customer shall have the right to :
– to refuse the package and will notify the delivery person of this refusal.
– to make an observation to the delivery person.

If, on opening the package, the Customer notes any damage, he may make a written claim to the carrier no later than the first working day following receipt of the Product (hereinafter the “Claim Period”).

In the absence of a reservation made at the time of delivery or within the Claim Period, the Product may no longer be subject to the procedure for claiming against the carrier, as described above, and will then be considered to have been accepted without reservation by the Customer.
 
6.5 Apparent defect of the Product

In the event that the Customer notices a defect in the quality and/or conformity of the Products delivered by NEARSENS with respect to the Order, a request for exchange or reimbursement of the Products for non-conformity may be sent to the following address www.nearsens/support, within the withdrawal period stipulated in the article Withdrawal. NEARSENS will bear the cost of returning the Products at its own expense.

Beyond the time limit for return or exchange, the Customer must send NEARSENS, in writing to the following e-mail address www.nearsens/support, a request for repair or replacement in accordance with the guarantee article.
 
6.6 Physical installation of the Product

NEARSENS will not physically install the Products.

It will be up to the Customer to install the Products alone, or if he wishes to do so, to call upon any service provider of his choice, at his own expense.
NEARSENS cannot be held responsible in the event of incorrect installation of a Product by the Customer, or in the event of malfunction of the Product due to incorrect installation of the Product by the Customer.
 
6.7 Delivery of technical documentation

The delivery and installation of the Product(s) will be accompanied by the handing over by NEARSENS of the technical documentation associated with the Product(s).
 
6.8 Transfer of risk

The risks of damage to the Product(s) are transferred to the Customer at the time of complete delivery by the carrier of the Product(s) concerned.
 
6.9 Transfer of ownership

The transfer of ownership takes place upon full delivery of the Product subject to full payment of the price by the Customer.

 

ARTICLE 7 – AVAILABILITY AND ACCESS TO THE APPLICATION

NEARSENS will make the Application available to the Customer. This availability will take place within the time limit specified in the Order Confirmation.

NEARSENS will create a Customer account on the Application, the Customer undertakes to communicate to NEARSENS all the information necessary for the creation of his account within the time limits required by the latter.

NEARSENS will send the Client an email indicating the connection parameters (login and password) enabling him to access his account.

The login and password can be modified the first time the Client connects to his Account.

The Customer is informed that access to the Application will be subject to acceptance of the General Terms and Conditions of Use.

The Customer is also informed of the technical prerequisites necessary to be able to access the Application and use the Services, i.e. having Internet access with sufficient speed or sufficient cellular network coverage (3G or 4G).

 

ARTICLE 8 – SUPPORT AND MAINTENANCE

NEARSENS undertakes to provide the Customer with standard Support and Maintenance of the Software Solutions and/or the Application.

The Customer may contact NEARSENS from Monday to Friday, from 9:00 am to 6:00 pm, excluding public holidays, by telephone on the following telephone number: +33 9 8008 3008 or by email at the following address: [email protected]

In the event of an anomaly, NEARSENS will make its best efforts to correct it as soon as possible.

During the duration of the contract, NEARSENS may ensure evolutionary maintenance of the Software Solutions and the Application and provide functional updates and evolutions enabling (i) to maintain the Software Solutions and/or the Application in conformity with the French legislation and regulations in force, (ii) to adapt the Software Solutions and/or the Application to the technological evolution of networks and computer equipment and/or (iii) to improve the use of the Software Solutions and/or the Application. NEARSENS will inform the Customer accordingly.

NEARSENS shall not be obliged to provide Assistance or Maintenance in the following cases:
– anomalies or problems directly or indirectly related to (i) incorrect use of the Software Solutions and/or the Application by the Customer (ii) use of defective equipment or (iii) any cause external to the Software Solutions and/or the Application granted by NEARSENS ;
– modification or action by the Customer on all or part of the Software Solutions and/or the Application when this modification renders the Product unfit for its use;
– attempt by the Customer to solve the problem himself;
– delay in payments due under the terms hereof in accordance with the conditions of article 5.3.

 

ARTICLE 9 – INTELLECTUAL PROPERTY – LICENCE

The Customer acknowledges and accepts that all rights, entitlements and interests in intellectual property rights relating to the Products, the Application, the Software Solutions integrated into the Products and/or associated with the Services, as well as Nearsens names and logos are and will remain the exclusive property of NEARSENS or third parties having authorised NEARSENS to exploit them.

The Agreement does not confer on the Customer any right, entitlement or interest in the intellectual property rights to the Products, the Application, the Software Solutions and the Nearsens names and/or logos, but only a limited right to access and use the Application and the Software Solutions integrated into the Products and/or associated with the Services, under the conditions defined below.

Subject to full payment of the Price by the Customer, NEARSENS grants the Customer, for the duration of the Agreement, for the whole world, a non-exclusive, non-transferable, non-sublicenseable, non-assignable, non-sublicenseable license to access and use the Product, the Application, and the Software Solutions integrated into the Products and/or associated with the Services, for its own needs related solely to the field of the connected home and intelligent buildings (hereinafter the “License”).

The Customer undertakes not to use the intellectual property rights granted on the Products, the Application, the Software Solutions integrated into the Products and/or associated with the Services, other than within the limits authorised by the Agreement.

Furthermore, the Customer undertakes not to perform one or more of the following acts, nor allow a third party or authorise a third party to perform one or more of the following acts:
(i) copy all or part of the Products, of the Software Solutions integrated into the Products and/or associated with the Services, of the Application ;
(ii) decompile or disassemble all or part of the Products, the Software Solutions integrated into the Products and/or associated with the Services, the Application, reverse engineer them or attempt in any other way to obtain their source codes, except as expressly authorised by the legislation in force;
(iii) to modify, alter, adapt all or part of the Products, the Software Solutions integrated into the Products and/or associated with the Services, the Application;
(iv) create derivative works based on the Products, the Software Solutions integrated into the Products and/or Services, the Application, adapt, modify, translate or make changes to them in whole or in part, or allow all or part of one or more of its elements to be combined or incorporated into other works, including software;
(v) rent, sub-license, sell, lend or transfer the Software Solutions embedded in the Products and/or Services and/or the Application to a third party or allow a third party to access and use such Software Solutions, in whole or in part, without the prior written consent of NEARSENS.

 

ARTICLE 10 – OBLIGATION OF THE CUSTOMER

The Customer undertakes, in good faith :
(i) To comply with the stipulations of the present document and in particular with the Licence granted,
(ii) To respect the rules of use of the Products;
(iii) To respect public order and good morals;
(iv) To pay the Price for the Products and Services provided by NEARSENS.

 

ARTICLE 11 – DROIT DE RETRACTATION DU CLIENT CONSOMMATEUR

11.1 Withdrawal from the Sale of Products

CIn accordance with article L 221-18 of the French Consumer Code, the consumer Customer has a period of fourteen (14) days from the day after the delivery date of his Order to exercise his right of withdrawal, without having to give reasons for his decision.

If the period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.

To exercise his right of withdrawal, the Customer must inform NEARSENS of his decision to withdraw by means of :
– either the online form via the following link: www.nearsens/subsidiary
– or the following standard form sent to the postal address ZAC Saint-Philippe II-Quartier Des Templiers 400 Avenue de Roumanille – 06410 BIOT or to the email address www.nearsens/support

Model withdrawal form
For the attention of NEARSENS, whose head office is located at ZAC Saint-Philippe II-Quartier Des Templiers 400 Avenue de Roumanille – 06410 BIOT, France; e-mail address: www.nearsens/support
I hereby notify you of my withdrawal from the contract for the sale of the product below:

Ordered on: ….. (complete)
Order reference :
Receipt of the product on: ….. (complete)
Consumer’s name: ….. (to be completed)
Consumer address: ….. (to be completed)
Consumer signature ….. (only in case of notification of this form on paper)
Date: ….. (to be completed)
The Customer may also exercise his right of withdrawal by sending an unambiguous declaration by post to ZAC Saint-Philippe II-Quartier Des Templiers 400 Avenue de Roumanille – 06410 BIOT, or by e-mail to www.nearsens/support.

The Customer who makes a request for retraction will be able to follow the processing of the return by NEARSENS directly from his Account in the tab “My Returns”.

The Customer must return the Product to NEARSENS no later than 14 days after informing NEARSENS of his decision to withdraw.

The Customer must return the Product, in the same conditions as those in which he received it, i.e. in its original packaging, or failing this, in packaging guaranteeing equivalent protection, accompanied by its original label.

The Product will be refunded to the Customer within a maximum period of 14 days from its receipt by NEARSENS.

NEARSENS will proceed with the refund using the same payment method as that used by the Customer for the initial transaction, unless the Customer expressly agrees to another method. This refund will not incur any costs for the Client.

NEARSENS reserves the right to refuse the return if the Product is unsuitable for re-sale (Product returned incomplete, damaged, for example).

 

11.2 Withdrawal on subscription to the Service

In accordance with article L 221-18 of the French Consumer Code, the consumer Customer has a period of fourteen (14) days from the date of his Order to exercise his right of withdrawal, without having to give reasons for his decision.

If the period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.

To exercise his right of withdrawal, the Customer must inform NEARSENS of his decision to withdraw by means of :
– either the online form via the following link: www.nearsens/subsidiary
– or the following standard form sent to the postal address ZAC Saint-Philippe II-Quartier Des Templiers 400 Avenue de Roumanille – 06410 BIOT or to the email address [email protected]:

Model withdrawal form

To the attention of NEARSENS, whose head office is located at ZAC Saint-Philippe II-Quartier Des Templiers 400 Avenue de Roumanille – 06410 BIOT, France; e-mail address: [email protected]
I hereby notify you of my withdrawal from the contract relating to the subscription to the service below:

Order from: ….. (complete)
Order Reference: ….. (complete)
Consumer’s name: ….. (to be completed)
Consumer address: ….. (to be completed)
Consumer signature ….. (only in case of notification of this form on paper)
Date: ….. (to be completed)

The Customer may also exercise his right of withdrawal by sending an unambiguous declaration by post to ZAC Saint-Philippe II-Quartier Des Templiers 400 Avenue de Roumanille – 06410 BIOT, or by e-mail to: [email protected]

In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal may not be exercised when the Services have been fully executed before the end of the withdrawal period and the execution of which has begun after the Customer’s prior express agreement and express renunciation of his right of withdrawal.

In the event that the right of withdrawal is exercised, NEARSENS will refund the Customer all payments received from the Customer without undue delay and in any case no later than fourteen (14) days from the date of receipt of the withdrawal decision. NEARSENS will proceed with the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to another means. This refund will not incur any costs for the Customer.

 

ARTICLE 12 – GUARANTEE

All Customers benefit from the legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code) allowing them to return the defective or non-compliant Product delivered free of charge. Customers also benefit from a commercial guarantee described below.

Consumer Customers benefit from their own guarantee, the legal guarantee of conformity (articles L217-4 and following of the Consumer Code).

 
12.1 Legal guarantee of conformity (for Consumer Customers)
The Consumer Client benefits from the legal guarantee of conformity, as defined in articles L217-4, L217-5 and L217-12 of the Consumer Code, hereafter reproduced.
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. He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility under 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:
– if it is fit for the use usually expected of a similar good and, where appropriate :
– 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, by the producer or by his representative, particularly in advertising or labelling;
– 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 knowledge of the seller 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”.
When acting as a legal guarantee of conformity, the Customer :
– has a period of two years from delivery of the Product to take action;
– may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L. 211-9 of the French Consumer Code;
– is exempt from having to provide proof of the existence of the Product’s lack of conformity during the 6 months following delivery of the Product (for a second-hand product).
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

 

12.2 Guarantee against hidden defects
Article 1641 of the Civil Code: “The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them”.
Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
The Customer may implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

 

12.3 Commercial guarantee
NEARSENS undertakes, for a period of two (2) years from the final receipt of the Product, to provide a commercial guarantee covering defects, malfunctions and breakdowns affecting the Products which have been the subject of an Order and rendering them unfit for use.
To exercise this guarantee, the Customer must notify NEARSENS of the breakdown affecting the Product within FIVE (5) days following the occurrence of the breakdown by email to the following address: [email protected]
If NEARSENS considers the Customer’s request to be justified, it will confirm, in writing, its acceptance of the Customer’s request and the handling of his claim, at its own expense.
The guarantee is limited to the repair or replacement, as soon as possible, of the defective Product by a new or reconditioned Product, at NEARSENS’ sole discretion.
The replacement or repair of the defective Product or parts will not extend the duration of the above described guarantee.
The commercial guarantee is excluded in case of defects or deterioration of the Product occurring as a result of :
– abnormal use of the Product, or use that does not comply with the recommendations and instructions for use, by the Customer or a Third Party
– an accident, water damage, lightning, fire, power failure or any other external cause;
– a modification of the Product by the Client or a Third Party;
– negligence or lack of maintenance of the Product by the Client.

 

ARTICLE 13 – PERSONAL DATA

In the context of the sale of the Product and/or subscription to the Services, NEARSENS will have access, as data controller, to personal data of the Customer.
NEARSENS undertakes to process the Customer’s personal data in strict compliance with the regulations applicable to the protection of personal data and in particular Regulation (EU) n°2016/679 of the European Parliament and of the Council of 27 April 2016 known as “RGPD”, and French law n°78-17 of 6 January 1978 as amended known as the “Data Protection Act” (hereinafter together the “Regulations applicable to the protection of personal data”).

Collected data. The personal data that is collected is as follows:
– surnames, first names of the Client;
– postal and electronic address of the Customer;
– Customer’s telephone number
– Customer’s installation address
– Customer’s identifier
– dynamic IP address of the Customer.
NEARSENS will also be likely to collect the following data associated with the events:
– sensor data from detectors
– motion detector motion data
– disconnecting, switching alarm systems on and off
– entry and exit of the lock connected to the system.
– images used as illustration in the NEARSENS application
– event-based images from motion detectors with camera.
– video from cameras connected to the system.
Purposes. NEARSENS will process the Customer’s personal data for the following purposes:
– to enable the creation of the Customer’s Account,
– deliver the Products,
– ensure the delivery of Services ;
– assist the Client and provide the necessary technical support;
– manage any disputes with the Client;
– and, more generally, for the proper management and execution of the GCS.
– as well as for statistical purposes.
NEARSENS may also send the Customer who has ordered a Product or subscribed to a Service, commercial prospecting for products or services similar to those ordered.
Shelf life. The data collected will be kept for the duration of the Contract.
Beyond this period, personal data will be archived by NEARSENS, in a secure environment, for the legal period of prescription for the purposes of proof for the establishment, exercise or defence of a right in court.
Hosting. Personal data is hosted on servers located in the European Union.
Sharing with Third Parties. NEARSENS undertakes not to disclose, transfer, rent or transmit the Customer’s personal data to third parties other than (i) technical service providers (such as hosting providers) and (ii) subcontractors providing Services or delivering Products. The latter act as subcontractors of NEARSENS in the sense of the applicable Regulations on the protection of personal data, on the instructions of NEARSENS and in accordance with the contractual conditions signed with NEARSENS which cannot derogate from the present article and which comply with the applicable Regulations on the protection of personal data.

The Recipients are :
o Zendesk: customer support request management service.
o Amazon.com INC: host of the Application
In addition, if NEARSENS is involved in a merger, acquisition, asset disposal or other capital transaction, the Customer is informed that his personal data may be transferred or shared with a Third Party. In this case, the Customer will be informed before the personal data is transferred to a Third Party.
Security and confidentiality. NEARSENS implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, please note that the Internet is not a completely secure environment and the Application cannot guarantee the security of the transmission or storage of information over the Internet.
In the event of a violation of personal data, NEARSENS will notify the competent control authority (the CNIL) of the incident as soon as possible and, if possible, no later than 72 hours after becoming aware of it, unless the violation in question is not likely to create a risk for the rights and freedoms of natural persons.
Transfer of personal data outside the European Union. The Client acknowledges having been informed and accepts that the personal data concerning him/her may be communicated to subcontracting service providers located outside the European Union:
– Zendesk stores personal data outside the European Union. Zendesk is Privacy Shield certified and undertakes to offer an adequate level of protection by complying with the standard contractual clauses approved by the European Commission: https://www.zendesk.fr/company/customers-partners/privacy-policy/

Rights of the persons concerned. In accordance with the Regulations applicable to the protection of personal data, the Customer has the right to access, rectify, erase, limit and carry its personal data. The Customer also has the right to oppose the processing of his data for commercial prospecting purposes by NEARSENS, the right to the deletion of his personal data, as well as the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL) if he considers that the processing carried out by NEARSENS constitutes a violation of his personal data.
The Customer’s rights to his personal data can be exercised at any time by contacting NEARSENS by email at the following address: [email protected]
In the event of difficulty in exercising his rights, the User may lodge a complaint with the CNIL, online at https://www.cnil.fr/fr/plaintes or by post at the following address CNIL – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07
Cookies. NEARSENS uses cookies for the proper functioning of the Application.
The information collected by means of cookies is solely and strictly intended for NEARSENS, in compliance with the regulations applicable to the protection of personal data. It is never transmitted to third parties.
NEARSENS uses the Google Analytics cookie to track and analyse traffic on the Application. This cookie makes it possible to differentiate between visitors and to produce statistics on the use of the Application by visitors, such as the number of pages visited, frequency, duration and recurrence of visits. The use of this cookie is limited to the duration of the session with automatic deletion when the Customer leaves the Application. The Customer may set his browser to automatically accept this cookie or deactivate it.
Cookies are stored in the Customer’s browser for a maximum period of thirteen (13) months after they are first deposited in the terminal equipment.
In accordance with the applicable regulations on the protection of personal data, the Customer may, at any time, oppose the storage of cookies. The Customer can exercise this right by contacting NEARSENS by email at the following address: [email protected]

 

ARTICLE 14 – LIABILITY

NEARSENS can only be held liable to the Customer in the event of a proven contractual breach committed in or during the execution of the obligations under the Contract.
In compliance with the applicable regulations, NEARSENS cannot be held liable under any circumstances:
– in case of delay or impossibility to deliver the Products and/or to provide the Services, due to erroneous or incomplete information in the data entry concerning the Client when creating his Account;
– in the event of fault or failure by the Customer in accessing his Account and/or using the Services, in accordance with the general terms and conditions of use of the Application.
The use made by the Customer of the Services can in no way engage the responsibility of NEARSENS, for any reason whatsoever. The connection of the Client to the Application and his use of the Services is under his entire responsibility.
NEARSENS cannot be held responsible for damages attributable to :
– negligence or the Client’s failure to comply with his legal, regulatory or contractual obligations;
– the use of the Product and/or Services by the Customer contrary to NEARSENS’ recommendations and the technical documentation given to the Customer; – negligence or failures of third party service providers;
– a case of force majeure.
– the unavailability of a telecommunication network or internet service;
– the unavailability of the Services due to :
o a power cut at the Client’s premises;
o a planned maintenance of the Software Solutions integrated into the Product and/or the Application;
o a volume of telephone or internet traffic on the part of the Customer resulting in saturation of its infrastructure.

 

ARTICLE 15 – FORCE MAJEURE

The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described in these GCS are due to a case of force majeure within the meaning of the law and jurisprudence.
The Party affected by the event of force majeure shall immediately inform the other Party and shall do everything in its power to avoid, reduce or eliminate the causes of the delay and resume the performance of its obligations as soon as the event invoked has disappeared.
In the event of the occurrence of an event of force majeure, the obligations of this Contract shall be suspended. If the case of force majeure continues for a period of more than one (1) month, the Contract may be terminated by either Party by registered letter with acknowledgement of receipt.

 

ARTICLE 16 – INSURANCE

NEARSENS certifies that each Party has taken out professional civil liability insurance with a reputable company for damage caused to the other Party or Third Parties by itself, its staff or its employees in the performance of the Contract.

 

ARTICLE 17 – SUBCONTRACTING

By express agreement between the Parties, NEARSENS may, at its sole discretion and subject to informing the Customer, have recourse to one or more sub-contractors for the supply of Products, the design and development of Software Solutions, and/or for the supply of Services.
NEARSENS shall remain jointly and severally liable to the Customer for the Products delivered and the proper execution of the Services entrusted to the said subcontractor(s).

 

ARTICLE 18 – DURATION – TERMINATION

Les CGVS demeureront en vigueur :
The GTCS will remain in force:
– with regard to the provisions relating to the sale of Products, until complete receipt of the Products that were the subject of the Order and the extinction of the respective obligations of the Parties arising therefrom,
– with regard to the provisions relating to the Services and the Subscription, for the period(s) specified in the Order Confirmation.
If one of the Parties fails to comply with any of its obligations, the other Party may, thirty (30) clear days from the date of receipt, or failing the date of first presentation of a registered letter of formal notice with acknowledgement of receipt that has remained unsuccessful, terminate the contract by operation of law, without notice or judicial or other formality and without prejudice to any other rights or actions, in particular with a view to claiming any damages to which it may be entitled.
As a consequence of the termination or the expiry of the subscription or Subscription to the Services, the Client’s access to the Services will be immediately halted on the effective date of the termination or expiry:
– all rights of use granted hereunder will cease immediately;
– the Customer’s account on the Application will be closed by NEARSENS.

 

ARTICLE 19 – MISCELLANEOUS PROVISIONS

The GTCS constitute the entire agreement of the parties with respect to its subject matter and supersede any prior or current agreement, whether oral or written, between the parties with respect to such subject matter.
The GTCS are concluded intuitu personae. The rights and obligations resulting from them may not under any circumstances be assigned or transferred by the Customer, for any reason whatsoever, without the prior written approval of NEARSENS.
In the event that one or more provisions of the General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a decision of a competent court which has become final, the validity and respect of the other clauses of the General Terms and Conditions of Sale will not be affected in any way.
The failure of either party to avail itself, at any given time, of any of the provisions of the GTCS shall not be interpreted in the future as a waiver of its rights hereunder.
The headings and subheadings of the articles of the GCS are for reference purposes only and shall not limit the scope of application of the corresponding articles.

 

ARTICLE 20 – APPLICABLE LAW – SETTLEMENT OF DISPUTES

This Contract is subject to French law.
The Parties declare their intention to seek an amicable solution to any difficulty that may arise concerning the validity, interpretation or execution of the contract. In the absence of an amicable solution, all disputes relating to this contract will be brought to the attention of the competent courts.
In accordance with the provisions of article L.616-1 of the French Consumer Code, the Customer is informed that he may in any event have recourse free of charge to conventional mediation (L612-1 of the French Consumer Code) or to any other alternative dispute resolution method in the event of disputes. To do so, the Customer may contact the MEDICYS mediation service by e-mail (https://medicys-consommation.fr) or by post: Concord, 73 Boulevard de Clichy, 75009 Paris. The referral to the mediator must be made within a maximum period of one (1) year from the date of the written complaint sent by registered mail with acknowledgement of receipt to NEARSENS.