Article 1 Définitions:
The client is defined as the individual purchasing the products ; ORDISSIMO is a trademarked brand of the ORDISSIMO S.A. society. It is a range of computer products baring the ORDISSIMO name and includes all components, programs and accessories so labeled; third-party products : specific products that do not bare the ORDISSIMO name and are not fabricated by ORDISSIMO but are provided by clients or sold by the ORDISSIMO society ; proof of purchase : the order confirmation sent by ORDISSIMO ; The seller is ORDISSIMO or its authorized providers ; services : service provision or technical support undertaken by ORDISSIMO or one of its authorized providers ; home installation : the computer must have been received by the client in order for a provider to install it and/or set up the user’s internet account if necessary. This is not a home computer course.
Article 2 Pricing:
Product prices are indicated on the order form. Clients must fill out the VAT based on the rate indicated on the order form. Delivery charges, when applicable, are payable by the client and detailed on the bill. The client may also collect his product from the providers’ show-room at the address indicated on the order form, as long has the store-delivery option was checked on the order form during purchase.
Article 3 Payment:
Payment is possible by credit card, check or via Paypal. Payment using a credit card may take place over the phone, online or by mail. Concerning payment by check, ORDISSIMO will neither prepare nor deliver the order until the check has been cashed. If we have not received the check within 14 days of order placement, we will contact you by telephone and cancel the order if necessary. Concerning payment by credit card, ORDISSIMO will neither prepare nor deliver the order until after receiving confirmation of valid payment from the card issuer.
Article 4 Order delivery:
There are specific fees for all delivery outside of mainland France that can be easily obtained upon request. ORDISSIMO will deliver products to the address and name indicated on the client’s order form. The ORDISSIMO society will do everything in its power to ensure delivery to the client as quickly as possible. As a reference, order delivery time is estimated to be 10 working days. Under no circumstances is this a contractual time frame. Property of the products and their associated risk will be transferred to the client upon delivery in the case of home delivery to the address indicated on the order. If the client chose in store pick-up, property of the products and their associated risks will be transferred to the client once he/she has signed for them during pick up.
Article 5 Home installation:
To proceed with home installation, a provider will contact the client by telephone in order to arrange the visit. ORDISSIMO reserves the right to charge for transportation expenses if the client or person responsible for meeting the installer is not present at the time previously arranged with the provider. Additionally, ORDISSIMO reserves the right to cancel a meeting under the condition that the client or person responsible for meeting the installer is given 48 hours notice. The installer will do everything in his power to establish a functional internet connection. This requires setting up the modem with login details provided by the client. Concerning the internet connection, the installer has an obligation of procedure and not an obligation to achieve the desired result. If there is still no internet connection after the installer has set up the modem, he must diagnose the problem, record it in his installation report and attempt to solve it. ORDISSIMO is in no way responsible for instances of non-functioning internet that are outside of its power. This includes cases where the modem was not provided by ORDISSIMO and is incompatible, the ADSL line has yet to be opened by the ISP, or the client’s telephone installation is defective. Regardless, the installation is the responsibility of the client who cannot claim reclamation from ORDISSIMO except by means of the installation report. In the case of non-functioning internet outside of ORDISSIMO’s power, ORDISSIMO reserves the right to charge for transportation costs if the client would like a second meeting to finalize installation and/or instruction.
Article 6 Internet connectivity problems:
ORDISSIMO is not responsible for the successful functioning of the client’s internet connection. It is the internet service provider who should be able to fix the problem. Nevertheless ORDISSIMO provides clients with the information necessary for independently performing elementary verification. If the problem persists, the client should claim reclamation from his internet service provider. As with internet connection, successful functioning of the messaging service is the responsibility of the internet service provider and not ORDISSIMO who will not be held responsible for messaging related problems.
Article 7 Client withdrawal rights:
In accordance with existing regulations (law n° 2014-344 dated March 17th 2014 concerning consumption), if some or all of an order is unsuitable to the client, he may return the product(s) and obtain a refund for the price of the product(s) if the following conditions are respected :
7.1: The client has a delay of fourteen (14) calendar days including the day he/she received the Ordissimo material to signal his desire to return the product(s). In order to do so, he must send a clearly stated request or the refund form available below along with the delivery confirmation to:
Service Client -ORDISSIMO S.A.- 33 Avenue Leon Gambetta - 92120 Montrouge.
7.2: The client must wait for a reply containing the return authorization number. If the reason for return is the fault of ORDISSIMO, the client should make this clear. After verification, ORDISSIMO will send the procedure for preventing the client from paying shipping fees.
7.3: The client may return the product with Colissimo Suivi uniquely after having received ORDISSIMO’s authorization which will contain necessary postage. The returned package should be clearly labeled with the return authorization number and sent to the following address:
Service des Retours - ORDISSIMO S.A. - 33, Avenue Leon Gambetta - 92120 Montrouge - France.
7.4: ORDISSIMO will carry out product refunds by check within 14 days of reception of the refund request. In some cases, if the contract concerns a purchased product, ORDISSIMO maintains the right to refund the client starting from the date it receives the returned product.
- ORDISSIMO can only refund a product if it is returned intact and in its original packaging.
- ORDISSIMO is not held responsible for any damage brought on during transportation.
- Shipping and installation costs will not be reimbursed if they have already taken place.
- For the terms of withdrawal from the internet provider, the client should refer to his contract.
Article 8 Guarantee:
8.1 Legal Guarantees :
Independently of the contractual guarantee sited below, the ORDISSIMO society remains responsible in instances where its products do not meet the contractual conditions outlined in articles L.217-4 of the code of consumption as well as for hidden product defects, according to the predefined conditions in article 1641 of the civil code.
While acting under the legal conformity guarantee framework :
- you have two years from the date of delivery to take action
- you may choose either a refund or replacement of the product, within the cost conditions predefined by article L. 217- 9 of the consumption code
- you are required to show proof of a product’s failure to meet the conformity guarantee during the six months following its delivery. This period will be increased to 24 months from March 18th, 2016 onward except in the case of used goods.
You may decide to act upon the guarantee against the selling of products with hidden defects within article 1641 of the civil code. In this case, you may choose between canceling your purchase or a price reduction in accordance with article 1644 of the French civil code.
8.2 Contractual guarantees and paid services:
Paid services (for the countries concerned)
|Nothing to pay in addition to the price of the sale||Upon intervention : following pricing made known to the buyer.
By purchase of a warranty extension (a 2+2 A,B or C card) that bares the contractual guarantee , valid from the date of reception/ pickup until the date outlined on the bill.
|Our products have a two-year warranty with the exception of:
||Our products are guaranteed for the length of time outlined on the bill (this contractual guarantee has a maximum duration of 4 years).|
||Delivery or pickup||Either with failure to meet the contractual guarantee or once the product is sent back, if the original bill so allows.|
|Depending on the nature of the problem, post-sales services will inform you of the expected response time.|
Replacement or compensation for a product
|If your device is deemed irreparable, ORDISSIMO will take action according to your wishes:
-either to replace your device with an identical product(new or refurbished) if the model is still sold, regardless of the replacement product’s price the day of replacement,
-or to replace your device with an equivalent substitute(new or refurbished) in terms of quality, function and technical nature, regardless of the replacement product’s price the day of replacement,
-or to compensate you based on the original value of your item with a dilapidation deduction fixed at 1% per month from the purchase date indicated on the item’s receipt, to be used on a replacement device purchased from ORDISSIMO.
8.3 Conditions of the contractual guarantee and paid services:
. This contract applies to all customers, as indicated by the European directives, notably “all physical persons acting for a purpose outside their commercial, industrial, artisanal and/or liberal activities.”.
. This contract guarantees compensation for a device following internal damage affecting its performance. As a result, ORDISSIMO is committed to ensuring optimal performance from devices subject to internal damage.
Article L. 217-16 of the consumption code : “If during the warranty period that was defined at the moment of acquisition or repair of an item a buyer should request that his device be repaired by the seller, an extension of at least seven days will be added to the warranty. This period includes the date of the request of the repair or the date the device is made available for repair, if the latter occurs after the initial request.”
8.3.1 This warranty covers:
- the replacement of defective parts
- cost of labor
8.3.2 Für die Produkte von Drittanbietern wird die Garantie wie folgt geltend gemacht:
- The client must deliver his product to ORDISSIMO – 33 Avenue Léon Gambetta – 92120 Montrouge,
- The client must reach out to Ordissimo customer service at 512 703 513 (cost of a local call from a home telephone) from Monday to Friday (not including holidays) between 9:30 – 12:30pm and 2:00 – 6:30pm, equipped with his/her original billing number.
In the case that the customer is unable to deliver an item in person, depending on the brand, nature and location of the product, Ordissomo customer service may request that the customer return the product to ORDISSIMO-Service retour-33 Avenue Léon Gambetta – 92120 Montrouge.
Initial shipping costs are to be covered by the client and the cost of returning the product to the client will be covered by ORDISSIMO.
In this case, as shipping an item carries its own risk, ORDISSIMO recommends that the client is equipped with the appropriate shipping insurance and that measures be taken to ensure the product’s optimal protection.
8.4 Validation of a warranty extension :
8.4.1Application of the contractual guarantee and extension of that guarantee requires the original receipt number (with proof of name and payment to justify the extension of the warranty), as well as the device’s serial number.
8.4.2 Any repairs and interventions should be solicited through Ordissimo’s post-sales department at 512 703 513 and must be carried out by authorized sellers or Ordissimo’s post-sales department to avoid cancellation of the warranty.
8.4.3 Extension of the warranty is neither transferable nor renewable.
8.4.4 Excluded from the warranty
THE FOLLOWING ARE NOT COVERED :
- Damages resulting from a third-party and or/intentional damages
- Damages resulting from power usage, installation not in accordance with the instruction manual, and/or negligence.
- Errors while plugging in a device and/or third-party installation
- Damages resulting from external causes such as electric shock, a fall, a blown fuse, fire, water, hurricanes and/or vandalism (we recommend plugging your Ordissimo into an outlet equipped with a surge protector).
- Broken or damaged screen due to incorrect use of the device
- Material and immaterial damage resulting from device malfunction (personal inconvenience, application content, etc.)
The aforementioned terms will in no uncertain terms reduce or erase:
- the legal guarantee against hidden defects
- the contractual guarantee of the maker
If facing difficulties with the application of the contractual obligation and post-sales services, the customer has the possibility to look for more pleasant solutions before taking legal action and can seek help from:
- a customers association
- a professional organization in the sector
- any other council of choice.
Note that time spent looking for a simpler solution affects neither the time frame for legal action nor the duration of the contractual guarantee.
In general terms and subject to the court’s opinion, respect for the stipulations of the current contractual guarantee assumes:
- that the buyer honors his financial obligation to the seller
- that the buyer uses his product in a normal manner
- that, for any operations requiring professional intervention, the buyer does not solicit a third-party non-authorized by ORDISSIMO to repair or modify the device.
Article 9 Problems linked to Ordissimo products :
Updates to Ordissimo programs are part of a free-service provided by the ORDISSIMO society. ORDISSIMO reserves the right to revoke access to this service at any time, without warning. The client should therefore save his data regularly as the ORDISSIMO society will not be held responsible for the loss of any data nor event linked to the loss of data, nor for interrupted use of the Ordissimo resulting from malfunction. If the client is unable to install his Ordissimo smartphone, computer and/or his internet connection despite all of the resources made available to Ordissimo clients:
a. Instructions provided in the ORDISSIMO user-manual (delivered with every Ordissimo computer or smartphone)
b. the LEARN option, available on ORDISSIMO devices
c. the website www.ordissimo.com/utilisateurs where the client can find complementary information, then ORDISSIMO offers clients the possibility for home or remote installation. These services are part of the ORDISSIMO offer for which pricing is indicated on the bill or upon request. The client may contact customer service at 01 40 84 72 00 (cost of a local call) or post-sales services at 01 76 74 01 84 (0.15€ /min).
Article 10 Seller responsibilities:
The seller is freed from responsibility in cases of absolute necessity or third-party intervention. Responsibility of the seller is only subject for questioning in cases of damage resulting directly from its actions or lack thereof. Indirect damage suffered by the client is excluded from possible compensation. Indirect damage includes, but is not limited to, the loss of sales revenue, the loss of operations, the loss of ability to earn or salary expectations related to a third-party that may be harmful to the client. The client accepts that the amount of compensation for any damage directly linked to product failure will not exceed the total amount paid to the seller.
Article 11 Data protection:
While the client is placing an order, he agrees that ORDISSIMO has the right to stock, process and use collected information in order to complete the order. This information may be communicated to the providers who will carry out home-delivery, the internet service provider responsible for establishing an internet connection, or any society that undertakes product delivery. In accordance with Law n 2004 – 801 dated August 6 th, 2004, the client maintains right of access to his information and the right to modify it by sending a request to the following address:
ORDISSIMO S.A.-Data protection-33 Avenue Leon Gambetta-92120 Montrouge.
Article 12 Different applicable laws and jurisdiction:
This contract is subject to French law. The Vienna convention concerning the international sales of merchandise is not applicable to this contract. The authoritative court on litigation is the Court of Commerce of Paris.
Article 13 Miscellaneous:
Should one or several these terms and conditions of sale be revoked under the law, the remaining conditions will remain valid.