Withings – General Sales Conditions – 15/03/09

 1. Purpose

The purpose of these general sales conditions are, on the one hand, to inform any potential customer of the terms and conditions under which the seller sells and delivers the products ordered and, on the other hand, to set out the rights and obligations of the parties within the framework of the sale of the products by the seller to the customer. They apply, without restriction or reservation, to all products offered by Withings on its Internet website.

Accordingly, the fact of ordering any product offered for sale on the Withings Internet website implies the full and complete acceptance of these general sales conditions by the Buyer, who declares having had prior knowledge of them before placing his order.

These products are offered for sale within the following geographic area: The United States of America.

The Buyer declares, prior to placing an order, that:

- the products purchased on the Withings Internet website are not linked to his professional activities and are strictly for personal use;

- he is legally able to commit himself with regard to these general sales conditions.

Withings reserves the right to change these general sales conditions at any time.

2. Identity of the Company

WiThings Inc is a Delaware registered corporation, located at 16192 Coastal Highway, Lewes DE 19958 USA (No product sent to this address will be accepted. Please refer to the return section)

Withings distributes electronic products and the services associated with these products.

Customer Service can be reached by email at contact-shp@withings.com and by phone at (302)-261-2618.

3. Website Access

The Buyer makes it his personal business to put in place the necessary computer and communications facilities to enable him to access the Withings website.

The Buyer shall bear the telecommunications costs whenever accessing the Internet and using the website.

4. Formation of the Contract and Orders

4.1. Prices

Online product prices available on the Withings Internet website, indicated in US Dollars, are those in force at the moment the Buyer's order is registered. Product prices may be changed by Withings at any time. The Buyer will be informed of any changes before any order is confirmed.

Prices do not include delivery charges, which are invoiced separately, the amount depending upon the destination of the order. The delivery charges are shown prior to the registration of the Buyer's order.

The invoice for the products is attached to the e-mail confirmation of the order.

4.2. Product specifications

Photographs, graphics and descriptions of the products offered for sale are purely indicative and do not commit Withings in any way.

4.3. Order

Any order implies acceptance, without restriction or prejudice, of these general sales conditions.

From the moment that the Buyer has registered his order by clicking on the tab “Confirm order”, he is considered as having made an informed decision and having accepted without prejudice these general sales conditions, the prices, volumes and quantities of the products offered for sale and ordered.

The Buyer's order must be confirmed by Withings, by e-mail.

The sale shall not be considered as final until after the Buyer has received the order confirmation by Withings, and Withings has received payment in full.

Withings recommends that the Buyer keeps a copy of this information either on paper or electronically.

5. Payment

Payment must be made at the time the Buyer places the order. At no time may any sums paid be considered as down payments or advances.

Withings will process the payment for the entire amount due on the order at the time the order is confirmed.

The Buyer can pay for his order using the online Credit Card facilities. At this time, Visa, CB and Mastercard only can be processed by our facility.

The Buyer guarantees to Withings that he has the necessary authorisations for the payment of his order.

Withings reserves the right to suspend or cancel any order and/or delivery, whatever its nature or state of execution, in the event of non-payment of any sum due by the Buyer or in the event 

of a payment irregularity.

Penalties in the sum of an amount equal to the legal rate of interest increased by five points are automatically applied to any sums remaining unpaid ten days after the date of the invoice or immediately from the notification that the bank payment has been rejected for any other means of payment. The delivery of any new order shall be suspended in the event of late payment of an earlier order, and that despite the provisions of this document.

Withings reserves the right to request a photocopy of an ID of the Buyer for any credit card payment.

Within the framework of the fight against Internet fraud, information concerning your order may be forwarded to third parties for verification.

Please ensure that your billing and shipping addresses are exactly correct, to avoid delays in order processing. Incorrect information may cause a delay in the processing of your order. Your order may also be delayed if additional verification of billing information is necessary.

6. Choice of Products

The Buyer, being aware of the products  marketed by Withings and their specifications, has under his sole responsibility and on the basis of his needs, which he has determined prior to placing any order, decided to chose the product(s) that are the subject of his order. Moreover, the Buyer, who alone knows the products he owns and uses, is the sole judge of the compatibility of the products ordered with those used by him.
It is exclusively up to the Buyer, if he deems that he does not have the competence needed to make such a judgement, to seek advice.

7. Delivery and Receipt

7.1. General rules

The products are delivered to the address given by the Buyer in the order, within the territory mentioned in Article 1 of these general sales conditions.

We won't charge your credit card until your order is shipped. In-stock orders normally ship within 5-7 business days.

Domestic orders are handled by the program Fullfillement By Amazon.

You will receive an email in the following days after your order has been placed with a tracking number or an estimated delivery date.

The Buyer is required to check, at the time of delivery, in the presence of the carrier employee, the state of the parcel's packaging and its contents.

Should the Buyer have any doubts whatsoever about the state or the content of his parcel, he must:
- follow the carrier’s procedures (in particular, notify of any damages, claims, and 

reservations) and refuse to accept the merchandise by immediately making a declaration to the carrier worker that the products are not in good order.
- inform Withings of the irregularities with the number of order

7.4 Delivery times

In-stock orders normally ship within 5 to 7 business days.

These times are purely indicative.

No damages may be claimed, sums withheld, or the order cancelled by the Buyer should the delivery take longer than said time.

In any event and in accordance with the Federal Trade Commission Thirty-Day-Rule, the products ordered shall be delivered within a maximum period of thirty days from the date on which the Buyer registered his order, subject to the purchase price having been paid in full.

The Buyer has the possibility of cancelling his order should the order not be delivered within that period. Sums paid by the Buyer shall then be returned to him without delay, any other compensation being excluded.

In the event of a delay in relation to the initial delivery date, the Buyer should inform Withings of the fact in writing (email) in order to enable Withings to improve the quality of service offered to him and to allow it to carry out an investigation with respect to the shipping company.

7.5. Quality and conformity problems

In the event of delivery of products that do not correspond to the order (defective or not in compliance), the Buyer shall forward his claim within a period of 7 days from signature of the receipt of the products. The buyer will then have to follow the return procedure (see paragraph 9)

Failure to respect the return procedure and the specified time periods will result in the Buyer not being able to make any claim for the non-conformity of or defect in relation to the products delivered, said products being then considered as being in compliance and exempt from any apparent defect.

8. Product availability

In the event that the product ordered is unavailable, Withings shall inform the Buyer as soon as possible.

In this case, Withings may suggest alternative products that might meet your needs. If you do not wish to order alternative products, Withings will cancel your order for products Withings cannot supply, and will refund your purchase price for those products.

9. Right to cancel and return policy

The Buyer has seven calendar days from the date of receipt of the products ordered, to return them at his expense for a refund. The return procedure is described as follows:

An email must be sent to the following email address: contact-shp@withings.com

This email must include:

- the order number

- the Buyer's details;
- the product references;
- the reasons for the claim.

Withings will then send an email to the Buyer with a Return Merchandise Authorisation (RMA) number, and with the return address.

The return of the products must take place within seven business days of Withings Customer Service issuing a RMA number.

Failing which, Withings will not exchange or refund the products ordered.

Should you will wish to return a defective product or one that is not in compliance, with a view to exchanging it or seeking a refund, or should you wish to utilize your right to cancel and return, you must comply with all conditions of the strict procedure for returning products.

- The products must imperatively be returned in a perfect saleable condition, in their original state (packaging, accessories, instructions, etc.) duly sealed and accompanied by the invoice relating to the purchase.

- The Product must not have been used incorrectly, in an excessive fashion or in a manner not in conformity with the purpose for which it was meant and, in general, must be in a good state of presentation.

- Any return via the Post Office must be done by receipted registered post. Failure to do so means that we cannot take into account any loss during its return.

- Any return must have Withings prior authorization and the Return Merchandise Authorisation number provided by the Withings Customer Service. The form for returning the product must be printed out and attached to the returned product.

- Any product that has been damaged, or the original packaging of which has deteriorated, will not be refunded or reimbursed. In particular, a product the packaging of which has deteriorated during the return cannot be accepted by Withings.

Withings reserves the right to decide in good faith if all of these conditions have been met. Upon receipt of the Product returned by the Customer, Withings will send an e-mail confirmation of the receipt of said Product.

In the case the Buyer wants to cancel his order, if the products included a warranty form or any other document to be filled out, that document must not have been completed by the Buyer for him to be able to exercise his right of cancel and return.

The exercise of the right to cancel and return will result in a cash refund by a reaccrediting of the credit card used for the initial order.

All costs and risks involved with the return of the products are at the Buyer's expense.

The refund may be made by re-accrediting the credit card account, by bank cheque or by transfer to the bank or postal account used for the original payment of the Product by the Customer, within 30 days at most after issuing the receipt confirmation of the Product to the Customer.

10. Retention of ownership

Withings retains the full and entire ownership of the products sold until such time as payment has been received in full, including the principal, costs and taxes.

11. Warranty

Please refer to the Warranty document available on the website http://shop.withings.net/

12. Liability

The products offered by Withings are in accordance with the current US legislation.
Withings may not be held liable for non-performance of the contract in the event of a product being out of stock or unavailable, for force majeure, disturbance or partial or total strike in particular related to the shipping services and means of transport and/or communications.

Withings may not be held liable for any indirect damages that might arise from the fact of purchasing the products.

Withings may not be held liable for any loss of data and/or files. It is up to the Buyer to take all necessary backup measures.

If it is totally or partially impossible to use the products, because in particular of the incompatibility of the products, Withings may not be held liable for same nor may this give rise to compensation or a refund.

The Withings website also contains information from third parties and links to other Internet websites. Withings may not in any event be held liable for damages arising from the use of, access to, or the inability to use such third party information, or the content of the other Internet websites.

13. Medical liability.

The information available on the Withings website, the services offered in relation to health, and all the comments regarding health questions may not be considered as medical opinions. It is the responsibility of the user to determine, if need be, in consultation with a doctor, dietician or physiotherapist, which products and services may be used.

The Withings weight scale, which uses an BIA (Bioelectrical impedance analysis, is strictly prohibited from being used by people with medical implants, such as pacemakers.

14. Partial invalidity

If any provision of these general sales conditions is held to be invalid or declared as such in accordance with a law, regulation or following a final decision by a competent jurisdiction, the other provisions shall remain in force and effect.

15. Non-waiver

The fact that one of the parties does not insist that the failure by the other party to fulfil any obligation referred to in these general sales conditions be remedied shall not be interpreted in the future as a waiver of the obligation in question.

16. Applicable law

The sales of products by Withings are subject to the regulations concerning distance selling in force in the United States today. In the case of a purchase for export, it is up to the customer to check that the products are in accordance with the rules in force in the country concerned, whether in relation to taxes, statements or specific prohibitions. Any dispute in relation to the interpretation or application of these sales conditions shall be referred to the Paris, France courts.

17. Data Protection

The information collected by Withings at the time of any order being placed by the Buyer is needed for the management of his order by Withings and its business partners. The file containing the information recorded has been the subject of a declaration to the CNIL (French Data Protection Authority) (declaration: nr 1312101). In accordance with the French Data Protection Law nr 78-17 of 6 January 1978, the Buyer has the right to access, request the rectification of, oppose and request the deletion of the data concerning him held by Withings.

Through Withings, the Buyer may receive commercial offers from other bodies or companies, or be informed of Withings offers. If the Buyer does not wish to receive such offers, he may inform Withings to that effect by ordinary post.