Article 1. Seller
ENVYTECH, a SARL à associé unique (French single-member limited company) with a share capital of €100, 184 route de Rambouillet, 78125 Saint-Hilarion, France, RCS Versailles 921 704 946, SIRET 92170494600026, VAT FR64921704946, represented by Robin Debôves, gérant (manager) ("the Seller").
Article 2. Purpose and customers
These terms apply to sales concluded on fridgesurvey.com.
- In France: consumers and businesses.
- Elsewhere in the European Union: businesses only, with a valid intra-Community VAT number, checked when the order is placed.
A consumer is a natural person acting outside their professional activity. The customer accepts these terms by ticking the box provided when ordering. The applicable version is the one in force on the date of the order.
Article 3. Products
The essential characteristics and limits of each product appear on its product page. Technical data comes from the manufacturers, as of the date shown on the page. Photos are not contractual.
Some products require a SIM card, a network, a power supply or a third party's online service. The product page says so. These services remain subject to the terms of those who provide them.
Article 4. Orders and quotes
Orders are placed online. An order becomes final after validation by the customer, acceptance of these terms and payment. A confirmation email is then sent.
Any product may be the subject of a quote request. Going through a quote is required from 10 units per order. Products with no displayed price, including the LoRaWAN pack and its backup battery, can be ordered on quote only. A quote binds the parties only once accepted in writing.
The Seller may refuse a manifestly irregular order, or a VAT number that is not valid for a delivery outside France.
Article 5. Prices and VAT
Prices are in euros. They are displayed excluding VAT and, for France, including VAT, excluding the delivery charges shown before validation. The applicable price is the one displayed on the day of the order.
For a business established in another Member State, with a valid VAT number, the intra-Community delivery is invoiced excluding VAT, under the applicable rules.
Article 6. Payment
Payment is due on ordering, by the means offered at the last step of the order. The Seller keeps no bank data. If a payment term is granted to a business, any delay automatically incurs penalties at the European Central Bank rate plus 10 percentage points, which may not be less than three times the legal interest rate, and a fixed recovery fee of €40 (articles L441-10 and D441-5 of the Code de commerce).
Article 7. Delivery
Delivery areas: mainland France and the European Union. Other destinations: on quote. Charges are shown before the order is validated.
Products are available on order. Unless another date is shown before ordering, the consumer receives delivery no later than 30 days after the contract is concluded (article L216-1 of the Code de la consommation). If this is not met, the consumer may terminate the contract under the conditions of articles L216-6 et seq. of the same code.
Risk passes to the consumer on taking physical possession of the goods, and to a business on handover to the carrier. The customer checks the condition of the parcel on delivery and records any reservations with the carrier.
Article 8. Consumer's right of withdrawal
The consumer has 14 days from receipt of the goods to withdraw, with no reason and no penalty (article L221-18 of the Code de la consommation). For goods delivered separately, the period runs from receipt of the last item.
The consumer gives notice of the decision by an unambiguous statement, by post to the registered office address or through the contact form. The model form appears in the annex. The consumer returns the goods within 14 days of giving notice, at their own expense. The refund is made within 14 days of the notice, by the same means of payment, and may be deferred until the goods are recovered or proof of dispatch is provided. The consumer is liable for any loss in value of the goods resulting from handling other than what is necessary to establish their nature and how they work.
This right does not exist for goods made to the consumer's specifications or clearly personalised (article L221-28), or for businesses.
Article 9. Legal guarantees
The consumer benefits from the legal guarantee of conformity (articles L217-3 et seq. of the Code de la consommation): the Seller is liable for defects existing at delivery and appearing within 2 years. The consumer may request repair or replacement, or failing that a price reduction or termination of the contract.
Every customer benefits from the guarantee against hidden defects (articles 1641 et seq. of the Code civil), to be exercised within 2 years of discovering the defect.
Article 10. What the product does, and limitation of liability
The products monitor and alert. They do not control the refrigeration and do not replace the installation's own probe, its maintenance or on-call cover. They do not by themselves amount to HACCP, EN 12830 or GDP compliance.
An alert requires a mobile network or internet, a power supply, an online service where applicable, suitable settings and a person to receive it. It is for the customer to set the thresholds, to test the alerts at installation and then regularly, and to check network coverage on site. The Seller is not liable for an alert not sent or not received for a cause external to the product, in particular lack of network or power, an inactive SIM card, unavailability of a third-party service or incorrect settings.
For businesses, to the extent permitted by law, and except in the case of gross negligence or wilful misconduct, the Seller is not liable for indirect damage, such as loss of goods or of operations, and its liability is limited to the price paid for the product concerned. For consumers, this article does not limit any statutory right. Nor does it limit the guarantees in article 9.
Article 11. Force majeure
Neither party is liable for a failure due to force majeure within the meaning of article 1218 of the Code civil.
Article 12. Retention of title
The Seller remains the owner of the products until the price has been paid in full.
Article 13. Personal data
See the privacy policy.
Article 14. Consumer mediation
If a dispute is not resolved amicably, the consumer may use a consumer mediator free of charge (article L612-1 of the Code de la consommation). The contact details of the chosen mediator will be given here.
Article 15. Applicable law and courts
These terms are governed by French law, excluding the Vienna Convention on the International Sale of Goods. For a dispute between businesses, failing amicable agreement, the Tribunal de commerce de Versailles has sole jurisdiction. The consumer may bring a claim, at their choice, before the court of the place where they lived when the contract was concluded or the damaging event occurred, or before any other court with jurisdiction under the law.
Annex. Withdrawal form
To be returned only if you wish to withdraw.
For the attention of ENVYTECH, 184 route de Rambouillet, 78125 Saint-Hilarion, France.
I hereby give notice of my withdrawal from the contract for the sale of the goods below:
- Ordered on: ____________ Received on: ____________
- Order number: ____________
- Name: ____________
- Address: ____________
- Date and signature (if sent on paper): ____________