Terms and Conditions of Sale

LAST UPDATE : OCTOBER 17, 2022

GENERAL CONDITIONS OF SALE APPLICABLE TO SALES MADE ON OUR SITE

The present conditions of sale are concluded on the one hand by the ARCHOS S.A. company whose head office is at 12 rue Ampère Igny 91430, registered in the Trade and Companies Register of Evry under the number RCS EVRY 343 902 821, and on the other hand, by any natural person wishing to proceed to a purchase via the Internet site.

1. PURPOSE

The present conditions of sale aim to define the contractual relationship between ARCHOS S.A and the Buyer and the conditions applicable to any purchase made through the ARCHOS S.A. website.

The purchase of a good through the present site supposes the reading and an acceptance without reserve by the Buyer of the present conditions of sale.

ARCHOS S.A. reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the Buyer.

2. CHARACTERISTICS OF THE GOODS OFFERED

The products offered are those that appear in the catalog published in the store located on the ARCHOS S.A. website. These products are offered while stocks last.

The Products offered for sale are described and presented on the site with the greatest possible accuracy and the photos are as faithful as possible to reality, however, it is possible that the perception of the Product by the Buyer through its visual presentation does not allow him to apprehend the reality of it, particularly because of the modalities of shooting (lighting, visual effects, sets, characters, background screens, staging, etc.). We remind you that in case of difference between the perception of the product by the Buyer and its reality, the Buyers, non-professional individuals, benefit from a withdrawal period of fourteen (14) days from the receipt of their order to exercise their right of withdrawal on a product that would not fully meet their expectations. (see article 9 of these GTC).

3. RATES

The prices appearing in the web store are prices including all taxes in euros taking into account the VAT applicable on the day of the order, any change of the rate could be reflected on the price of the products. The prices indicated also take into account the amount of the WEEE (eco tax).

ARCHOS S.A. reserves the right to modify its prices at any time, it being understood however that the price appearing on the web store on the day of the order will be the only one applicable to the Buyer. The price of the products as indicated is exclusive of transport costs. The total price including the transport costs is indicated before the validation of the order.

4. ORDERS

To place an order, you must follow the following steps:

• Add one or more products available on the store to your cart;
• Log in to your Archos account with your login and password or register
• Accept the terms and conditions.
• Validate your order after having checked it.
• Make the payment of your order online.

A confirmation e-mail will be sent back to you after the payment of your order.

ARCHOS S.A. reserves the right to cancel the order of a customer for whom there is a dispute over payment of a previous order.

The products are offered within the limits of available stocks. The available products are delivered within a maximum of 7 working days from the date of payment of the order by the customer.

5. DELIVERY

The products are delivered to the address mentioned by the customer when ordering. The shipping costs are chosen by the customer and included in the total amount to be paid. We invite you to check the conformity of the goods and their general condition upon receipt. If the packaging appears to have been damaged during transport, the customer must make a reservation on the transport note. Whatever the carrier and in the presence of an apparent anomaly, you must refuse the package.

If you choose to accept the product with damaged packaging, you must:

• Unpack the package in the presence of the delivery person; and
• Write detailed handwritten reservations and have the delivery person sign beside them. Reservations made by the consignee upon delivery shall constitute evidence of the existence and extent of the damage. Make sure you are accurate and complete in your writing; and
• Inform ARCHOS S.A. by e-mail at e-commerce@archos.com within three (3) business days following the delivery of your package. ARCHOS will then inform you of the procedure to follow for the replacement or refund of the product.

In any case, these precautions do not prevent the benefit of legal guarantees and the exercise of the right of withdrawal. Nevertheless, to avoid any dispute relating to the condition of the product that you return to us within the framework of the exercise of your right of withdrawal, you must have informed us of the anomaly beforehand.

6. PAYMENT

The only method of payment accepted by ARCHOS S.A. for purchases on the online store is by credit card. Full payment for the order, including the market value of the products and the shipping costs, must be paid before the goods are shipped. The products remain the property of ARCHOS S.A. until full payment is received. Online purchases are secured by a Secure Socket Layer (SSL) system.

7. PRIVACY

By placing an order on the ARCHOS S.A. online store, the customer authorizes ARCHOS S.A. to collect certain information about the customer that will be used only by ARCHOS S.A. to process the order, to ship the order and for marketing purposes.

In accordance with the law on Data Processing and Freedoms n°78-17 of January 6, 1978, you have the right to access, modify, rectify and delete your personal data, which you can exercise by writing to e-commerce@archos.com.

We inform you that we do not share your customer account information with third parties for commercial purposes and that you can also register on www.bloctel.gouv.fr . to restrict unsolicited telephone solicitation.

As part of the fight against Internet fraud, information about your order may be transmitted to analysis companies for verification.

8. RETRACTION

The Purchasers, non-professional individuals, have a withdrawal period of fourteen (14) calendar days from the receipt of their order to exercise their right of withdrawal on a product that would not fully meet their expectations.

You must notify us of your decision to withdraw from this contract by means of an unambiguous statement by email to e-commerce@archos.com or by downloading the withdrawal form ( Form_of_withdrawal) and sending it by email to e-commerce@archos.com.

After verification and acceptance, a procedure will be communicated to you in return. The retracting party shall return the product(s) only upon issuance of the return number. The customer has 14 calendar days to return the product(s). This period runs from the day the return procedure is issued.

Only products returned complete and in their original packaging will be accepted and refunded. Any damaged or deteriorated product that cannot be resold as is will not be refunded or exchanged.

In case of withdrawal from this contract, we will refund the totality of the sums that you have paid to us, including delivery costs, if you return the totality of your order under the conditions indicated above. In case of partial return of your order you will get a refund of the returned products and the shipping costs will be refunded in proportion to the value of the returned items. In accordance with the provisions of Article L-221-23 of the Consumer Code, the reimbursement will only cover the price of the product(s) and shipping costs, except for return shipping costs and will not be subject to any penalty clause.

All refunds will be made to the payment method used at the time of purchase.

9. WARRANTY AND RETURN OF GOODS

The scope of the commercial warranty for each product is defined on the website under “Support” in “Terms and Conditions” or click on the following link: https: //archos.com/service-apres-vente/

In general, ARCHOS shall not be liable for damage to the product caused by acts of God, fire, lightning, misuse, abuse, neglect, improper handling, unauthorized repair, modification or accident.

The warranty does not apply:

–Batteries and all consumables delivered with the device

–To the replacement of parts whose wear is normal or due to an abnormal use of the product.

–Damage or problems resulting from misuse, abuse, accident, alteration or incorrect electrical current or voltage.

–To any product without warranty

–Products for which the customer cannot justify the purchase

–Products with broken screens

Implementation of the Guarantee

All returns must be approved by ARCHOS S.A. A copy of the invoice, the delivery note and a note detailing the reasons for the return must be included. The procedure described in the service section of the ARCHOS website must be followed in its entirety by the customer.

To benefit from this guarantee, you should contact us in writing through our web page https://archos.com/service-apres-vente/ or by sending an email to info@archos.com in order to inform us of the defects observed.

The return is at the expense of the customer except for products purchased in France and still under warranty, a prepaid shipping label will be sent to you to return your products free of charge. If the defect found is covered by our warranty and is confirmed by the tests of the After Sales Service, we will proceed with the exchange or repair.

10. FORCE MAJEURE

ARCHOS S.A. shall not be liable for the non-performance of its obligations if such non-performance results from an event beyond its control. Will be considered as fortuitous or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, inevitable, independent of the will of the parties.

11. RESPONSIBILITY

The Seller in the process of selling online, is bound only by an obligation of means, its responsibility can not be engaged for damage resulting from the use of the Internet such as data loss, intrusion, viruses, disruption of service, or other unintended problems.

The manufacturer assumes no liability for direct, special, incidental damages that result from the use of the products, programs and data stored or processed with the product. Furthermore, no liability is assumed for the costs of repair, replacement or restoration of hardware, programs or data.

12. INTELLECTUAL PROPERTY

All elements of the ARCHOS S.A. website are and remain the exclusive intellectual property of ARCHOS S.A.

13. APPLICABLE LAW AND JURISDICTION

Any dispute relating to the use of the Archos S.A. website is subject to French law.