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TERMS AND CONDITIONS OF SALE





ARTICLE 1 – COMPANY 

DOMADOO is a simplified joint-stock company (société par actions simplifiée) with headquarters at 1691 Avenue de l’Hippodrome, RILLIEUX-LA-PAPE 69140, France, registered with the Trade and Companies Register of Lyon under number: 482 106 606.


ARTICLE 2 – DEFINITIONS

The definitions have the same meaning in their singular and plural forms.

Bank card : Means of payment made available to the holder by a banking establishment.

Customer : A user who places an Order on the Website of the DOMADOO company.

Order : The  Customer’s  agreement  with  the  DOMADOO  company  to  purchase  Product(s)  available  on  the Website.

Smart Home : All techniques aimed at integrating automated devices into the home,whether for purposes of security, energy management, or communication.

Personal data : Refers to any and all information pertaining to an identified or identifiable natural person who can be identified, whether directly or indirectly, particularly by reference to identifying information such as a name,  identification  number,  location  data,  an  internet  login,  or  one  or  more  specific  elements  of  his/her physical, physiological, genetic, psychological, economic, cultural, or social identity. The data we collect may include your strictly personal data, which can be used to identify you as a specific individual. Conversely, certain data cannot be used to identify you directly, such as your profession or web browsing data (browser, device, operating system, browsing activity on the Website, etc.), but are still considered Personal Data because they are (or can be) linked to the previous types of data.

Delivery : Delivery of the product to the address provided by the Customer upon placement of the Order.


Product(s) : All items offered for Sale on the Website.

Refurbished product(s) : Used product offered for Sale after refurbishment by DOMADOO.

Website : All web pages introducing the DOMADOO company and displaying the Products sold by the said company via the following link: https://shop.smarthome-europe.com/en

User : An internet user who visits the Website and has access to the content of the Website.

Sale : A finalized Order, following payment to DOMADOO and delivery of Products.


ARTICLE 3 – SCOPE AND ACCEPTANCE OF TERMS AND CONDITIONS OF SALE (T&C) 

These Terms and Conditions of Sale apply, without limitation or qualification, to all Orders placed with DOMADOO (“The Seller”) by a purchaser (“The Customer”) of one or more Products offered for Sale by the Seller (“The Products”) on the Website or, in exceptional circumstances, via email.

In particular, they specify the terms of Orders, payments, Deliveries, and the handling of any returns of Products ordered by the Customers.

These Terms and Conditions of Sale apply to the exclusion of all other terms, particularly those terms applicable to Sales made in stores or through other marketing and distribution channels.

They are accessible at all times on the Website and will prevail over any other version or any conflicting document, if applicable.

As these Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer’s purchase is the version in force on the Website as of the date on which the Order is placed.

Changes to these Terms and Conditions of Sale are enforceable against Users of the Website as of the moment they are put online and cannot be applied to previously completed transactions.

By placing an order on the Website, a natural person (or legal entity) indicates full and unrestricted acceptance and adherence to these Terms and Conditions of Sale and accepts the obligation to pay for the Orders placed. This acceptance is expressly recognized by the Customer, who waives any assertion of any conflicting document, which would not, under any circumstance, be enforceable against the Seller.


ARTICLE 4 – PRODUCTS OFFERED FOR SALE

The Website offers for Sale new or refurbished Smart Home, security, and digital entertainment Products.

The main characteristics of the Products, in particular their specifications, illustrations, and size or capacity, are displayed on the Website and provided by the product manufacturers.

In the event that a description is provided or rephrased by DOMADOO, the Product description will make note of this by includingthe following sentence: “This description was provided and/or rephrased by DOMADOO.”

The Customer is obligated to refer to and take note of the description of each Product so as to understand its properties and essential features, as well as the Delivery times.

The selection and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics displayed on the Website are not contractual, and the Seller cannot be held liable on their account.

The contractual information is displayed in French and is subject to confirmation no later than the moment when the Customer confirms the Order.

This confirmation constitutes acceptance.The Products sold on the Website are in compliance with the regulations in force in France.


ARTICLE 5 – AVAILABILITY OF PRODUCTS

The availability of a Product is specified in its description.When a Product is unavailable, the description provides an anticipated availability date, which is intended as a guideline and does not constitute a commitment on the Seller’s part.


ARTICLE 6 – ORDERS

6.1 – PLACING AN ORDER

On the Website, Customers may select the Products they wish to order by clicking on:

-“Add to cart”

The Customer has the opportunity to verify the details of his/her order and the total price, and to correct any errors prior to confirming acceptance. It is the Customer’s responsibility to check the accuracy of the Order and to rectify any error immediately by DOMADOO via the following email address: support@smarthome-europe.com

An Order on the Website is recorded when the Customer accepts these Terms and Conditions of Sale by checking the box provided for that purpose and confirms the Order. This confirmation entails acceptance of these Terms and Conditions of Sale in their entirety.

The Sale is finalized once the Customer is sent a confirmation of Order acceptance by the Seller, via email. The Order is sent as quickly as possible following final payment from the Customer to the Seller, subject to the provisions of the article “AVAILABILITY OF PRODUCTS.”

When the Customer orders multiple items, one or more of which are unavailable as of the Order date, the items will be sent in a single shipment. However, if the Customer wishes to request separate shipments as items become available, the Customer must contact DOMADOO via the following email address: support@smarthome-europe.com

Any Order placed on the Website and confirmed by both the Customer and the Seller under the terms and according to the methods described hereinabove constitutes a contract entered into remotely by the Customerand the Seller.

The data recorded in the Seller’s computer system constitute evidence of all transactions entered into with the Customer.

The Customer may monitor the progress of his/her Order after receiving an email that contains a tracking number.

6.2 – MODIFYING AN ORDER

Once confirmed and accepted by the Seller according to the terms described hereinabove, the Order cannot be modified by the Customer.


ARTICLE 7 – PRICES

The Products are provided at the applicable Prices displayed on the Website, as of registration of the Order by the Seller.

The Prices are expressed in Euros (€) and include the French VAT applicable as of the transaction date. They also include any current promotions and the indicated terms.

The Prices displayed on the Website do not include shipping, handling, and Delivery charges, which are calculated and shown prior to final confirmation of the Order.


ARTICLE 8 – TERMS OF PAYMENT  

The price is payable immediately and in full on the date when the Customer places the Order, via a secure payment method from the list below:

- via Bank Card: page redirects to the Caisse d’Epargne secure payment platform

- Transfert 

Payment via Bank Card is irrevocable.

The payment data are exchanged using the SSL encryption protocol.

Payments made by the Customer are considered final only after the transaction is approved by the banking establishment.

No additional fee greater than the costs incurred by the Seller for the use of a payment method can be billed to the Customer.

No discount will be granted in the event of prepayment.


ARTICLE 9 – DELIVERY

The Products purchased on the Website are delivered within Metropolitan France, Corsica, Monaco, the Overseas Departments and Territories of France, and Europe.

Delivery is made to theDelivery address specified by the Customer upon placement of the Order. Delivery will be made using Colissimo service (trackable, requiring signature upon delivery) from La Poste (for packages weighing no more than 30 kg) or a carrier (DPD or Chronopost).

Should the Customer make a specific request regarding the packaging or transport of the Products ordered, which request is duly accepted by the Seller in writing, the associated costs will be billed separately, based on an estimate accepted beforehand by the Customer in writing.

This bill will be issued only after the Order is confirmed by the Customer and payment is made in full.

The Delivery charges are borne by the Customer and are displayed in the cart during the Order process. All Delivery prices and times are available via the following link: https://shop.smarthome-europe.com/en/content/1-livraison

Unless there are exceptional circumstances or one or more Products are unavailable, the Products ordered will be delivered in a single shipment.

The delivery times indicated on the Website are for information purposes only. If the Products ordered have not been delivered within thirty (30) days after the approximate date of Delivery, for any reason other than the Customer’s doing or force majeure, DOMADOO will issue a refund to the Customer in the form of store credit or a check.

The Customer is responsible for checking the condition of the Products delivered. The Customer must address any claims or reservations regarding lack of conformity or obvious defects in the Products delivered (for example, an opened and damaged box), along with all relevant supporting documents (photos in particular) within fourteen (14) days of Delivery.

The Seller will provide a refund or replacement, at its expense and as quickly as possible, for delivered Products for which a lack of conformity or obvious or latent defects have been duly proven by the Customer, under terms established by law and in these Terms and Conditions of Sale.


ARTICLE 10 – FORCE MAJEURE

Neither Party shall be held liable to the other Party if the execution of this Contract is delayed or prevented due to an instance of force majeure, as defined in Article 1218 of the French Civil Code.

By express agreement, the Parties recognize the following cases of force majeure, aside from those habitually recognized by French courts: lockout, strike, attack, bad weather, epidemics, pandemics, the blockading of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, cybercrime, and government restrictions. During the force majeure event, the Parties will make their best efforts to minimize the effects thereof on the proper execution of the Contract. They undertake to notify each other, as quickly as possible, of anything affecting the resumption of the Contract, including but not limited to a regulation or decree applicable to one of the Parties.

If the case(s) of force majeure last longer than two (2) months, each Party may choose to cancel their Order by contacting DOMADOO via the following email address: support@smarthome-europe.com

In the event of force majeure as described in Article 1218 of the French Civil Code or exceptional circumstances (natural disaster, epidemic, strikes, etc.) that delay or prohibit the Delivery of goods, the company Domadoo SAS will not be held liable.


ARTICLE 11 – OWNERSHIP TRANSFER – RISK TRANSFER

The transfer of ownership of the Products from the Seller to the Customer will be made only after the Customer pays the price in full, regardless of the Delivery date of the said Products.

Regardless of the date of ownership transfer for the Products, the transfer of loss and damage risks pertaining thereto will occur only upon Delivery. Therefore, the Products travel at the Seller’s risk.


ARTICLE 12 – PERSONAL DATA PROTECTION

All information transmitted to the company Domadoo SAS will remain strictly confidential and will never be sold or communicated to third parties (unless agreed by the Customer), with the exception of those third parties who directly contribute to the execution of the Order.

In accordance with the French Law of January 6, 1978, on Information Technology, Data Files and Civil Liberties, and the recommendations of the French data protection agency (CNIL, Commission Nationale Informatique et Libertés), any User has the right to access his/her personal data and call for it to be modified or deleted. All requests must be made by mail and addressed to Domadoo SAS, 1691 avenue de l'Hippodrome, 69140, Rillieux-la-Pape, France, indicating your full name, email, mailing address, and your customer number, if possible.

Your personal data and details are necessary for the administration of your Order and for our business relationships.


ARTICLE 13 – WEBSITE

The content of the Website is the property of the Seller and its partners. Itis protected by French and international laws governing intellectual property.

Any reproduction of this content, in whole or in part, is strictly prohibited and may constitute criminal counterfeiting. The Seller reserves the right to pursue any remedy against the Customer and/or User in the event of a violation of this clause.


ARTICLE 14 – APPLICABLE LAW - LANGUAGE

These Terms and Conditions of Sale, and the transactions arising therefrom, are governed by French law.

They have been drawn up in French. In the event that they are translated into one or more other languages, only the French text will be admissible in the event of a legal dispute.


ARTICLE 15 – DISPUTES 

Any and all disputes arising from Sale and purchase transactions concluded in application of these Terms and Conditions of Sale, regarding the validity, interpretation, execution, termination, consequences and results hereof, and which could not be resolved between the Seller and the Customer, will be subject to mediation in accordance with the mediation regulations of the Federation of E-Commerce and Distance Selling (FEVAD).

If mediation fails, disputes described hereinabove will be submitted to the competent courts under ordinary law.





Updated: 25/04/2021.