General Sales Conditions for Withings digital health Products and Services
- Relationship between You and Withings
These General Sales Conditions for Withings digital health Products and
Services (hereinafter “Sales Conditions”) apply to the contractual
relationship between You (hereafter the “Buyer”, “You”, the
“Consumer” or the “User”) and Withings SA, a
French corporation (SA) having its registered office at 2 rue Maurice
Hartmann – 92130 Issy les Moulineaux - FRANCE R.C.S Nanterre 504 787 565
– European VAT: FR 65 504 787 565, hereinafter “”Withings” or
“We”).
You can contact our customer support department
These Sales Conditions are a part of the Withings Services Terms and Conditions for Withings digital health Products and Services (“Withings
Services Terms and Conditions”). The Sales Conditions supersede any
other document of theWithings Services Terms and Conditions concerning the
purpose specified below.
Delivery of Products and Services is carried out only within countries
enumerated on this list. The content of the webpage listing the
countries may change and Withings does not guarantee continuous service in
the countries mentioned on the webpage listing.\
These Sales Conditions are also available in the following languages:
As a Consumer of Withings digital health Products, You, acknowledge and
guarantee:
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That You have obtained and read a copy of the Sales Conditions;
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That You will only use the Withings digital health Products and
Services provided by Withings for personal and non-commercial usage,
and that You are not acting in a purpose related to a trade,
business, craft or profession;
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To be in possession of the Sale Conditions on a durable media, for
example by printing them out;
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To be of age required or otherwise authorized under the law of your
country of residence to purchase or acquire such Withings digital
health Product, and aware of the legal regulations applicable to the
Contract;
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That You have the right under the law of Your country of residence
to carry out an order and to receive delivery in Your country of
residence;
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That You agree with, and don’t object to any clause or part of these
Sales Conditions;
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That You acknowledge any order by You as a full acceptance of these
Sales Conditions;
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To be fully aware that the placing of any order leads to an
obligation to pay.
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You understand that Your action of placing an order, or purchasing
or acquiring one or several Withings digital health Products and
Services constitutes Your confirmation that You have read and
understood and that You agree with these Sales Conditions without
reservation, objection or contestation.
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Definitions
It is understood and agreed between the parties that the words written
with a Capital letter are defined as follows:
Buyer: refers to a Consumer complying with all applicable legal
provisions to enter into a Contract and having placed one or several
orders of one or several Withings digital health Products or Services by
means of the Internet and/or Applications published by Withings.
Consumer: means any natural person who is acting for personal,
non-commercial use only, and that is not acting in a purpose related to
a trade, business, craft or profession.
Contract: means each Contract which is formed between the Consumer and
Withings based on the order issued by Consumer, after confirmation of the
order by Withings and the completion of all the necessary actions described
in these Sales Conditions.
Parties: The Buyer or Consumer or User, on one hand, and Withings on the
other hand.
Products or Withings Products and/or Services or Withings Services: refer to a
range of Withings digital health products and services that can be subject
to an order on the Website.
User: means any natural person who is using or interacting with the
Withings digital health Product and/or Services.
Website: refers to the Website available at the following address :
health.Withings.com
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Purpose
These Sales Conditions are applicable to all means, mediums and actions
enabling (1) the presentation of an offer to the Consumer especially
through the Website and through the Applications published by Withings (2)
the acceptation of such offer thereby leading to conclusion of the
Contract and (3) performance of the Contract.
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Modifications of the Sales Conditions
It is understood and agreed between the parties that Withings keeps the
right to modify or change, in any case, all or part of these Sales
Conditions to reflect changes to the law or any applicable regulation,
changes to our Products and Services or any event which is deemed
sufficient by Withings to command such revisions. Any new version of the
Sales Conditions replaces the previous Sales Conditions. Changes will
not apply retroactively, which means that any order is subject to the
Sales Conditions version applicable at the time of placing an order.
We recommend You to frequently consult the Withings Services Terms and
Conditions as well as saving the newest version on durable media; e.g.
paper print.
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Process of the order and formation of the Contract
Description of the Products - Price - constitutive elements of the Offer
Description of the Products
Each Product is subject to a description on the Website. Only the
applicable Sales Conditions, the descriptions, characteristics, features
presentations and price that We publish and that We directly present on
the Website, shall be regarded as constituting the description of the
Product approved by Withings.
You are fully responsible to verify the compatibility of the Product(s)
and Service(s) as they are described in the above mentioned published
materials with your own needs and to the purposes You intend to use the
Product for.
You agree that photography and videos illustrating the Products cannot,
in any case, constitute a contractual document or means of information
and that they are only provided for illustration purposes. Such
photography and videos must not be considered as a determinant element
of Buyer’s consent to place an order.
Price
Prices listed do not include any applicable Delivery and shipping
expenses. Shipping expenses will be mentioned as such before
finalization of the order. They will be clearly expressed as an addition
to the cost of the Products ordered unless otherwise indicated, for
example by means of a reduction voucher, a gift card, or a special
offer.
Depending on where You connect yourself to the Website, it is possible
that the price indicated on the Website does not include any taxes. We
draw your attention to the fact that the sales price never includes
possibly applicable customs duties and related taxes on import. Also,
the legislation applicable to You can impose certain taxation that We do
not collect. It is Your responsibility to pay such taxes and/or customs
duties at Your own expense as well as to fully comply with the
applicable regulations.
The price listed on our Website may be in a currency that does not
correspond to the currency within Your State. Withings will not, in any
case, bear the cost of the exchange of currency. The Buyer must pay
additional costs resulting from such change of currency. It is advisable
to obtain information of the charges and exchange rates applicable when
placing an order, especially as regards to the means of payment that You
wish to use and that We propose to You.
The total price that You have to pay to Withings includes the cost price of
the Product, the related Delivery expenses and, when expressly
mentioned, the aforementioned taxes. Those elements are indicated on the
summary page of the order.
The prices can be modified at any time without prior notice. Only the
prices that are presented at the moment You place an order are
applicable.
Constitutive elements of the order
The above mentioned elements determine the offer by which We are bound
to when accepted by You. The sales offers that We present to You via
internet are valid, within the limits of our available stock, as long as
they are accessible by You on the Website and on the Application
published by Withings or, if so mentioned on the Website or the
Application, until the expiration of their validity.
Withings cannot, in any case, be liable for any other offers than the ones
directly expressed on the Website or through Applications published by
Withings.
We inform You that prior to your Buyer Identification (entering your
order information), You can obtain the details of your shopping cart by
clicking on the icon "shopping cart". You can then redeem coupon codes
and gift cards at Your disposal by entering the code on the same page
and confirming your entry. The price indicated will then include these
reductions.
Buyer Identification - Determining the Delivery address and Invoice
To place an offer, the Buyer shall place an order without creating an
account. It is imperative that the Buyer communicates all requested
information accurately, including but not limited to his/her name,
complete address, and phone number. Such information are needed by Withings
in order to carry out the order and the Delivery.
If You have designated another person to receive the Products or
Services under the order, make sure that this person gives the required
agreement prior to the order and authorize You to communicate us
personal information especially personal data. Withings cannot be held
responsible of information provided without the consent of the final
recipient. By providing erroneous information, the Buyer waives all
his/her rights to claim any related breaches of contracts in case Withings
fails to perform its obligations consequently to Buyer’s failure to
provide correct information about the intended recipient of the Products
or Services.
To facilitate access through the electronic system, We remind You that
your identification can be automated through the use of cookies. The
identification will be automatic unless You clear your history in your
web browser. It is therefore recommended you clear your history in your
web browser when leaving your web browser. Withings cannot be responsible
for any personal data communicated to one or several parties through an
authorization given implicitly or explicitly by You to one or several
parties by leaving your browser without clearing your history.
Prior verification of the offer
When We have the necessary information to (1) establish the invoice for
your order (2) identify You as the person that has placed the order and
(3) enable us to carry out the Delivery, We will propose You different
Delivery modalities. You are requested to choose one of them. The order
will be invoiced according to the indicated cost.
The Delivery means will be set similarly for all the Products included
in the same order, i.e. bought simultaneously on our Website, or the
Application. The indicated cost will be valid for the set of Products.
If You want Products to be shipped following different modalities You
are required to issue multiple orders.
Unless otherwise stated, the reduction vouchers and gift cards are not
applicable to the cost applicable to Delivery.
In order to have full knowledge of the cost of your order, Delivery cost
and Delivery means that You have chosen will be added into your shopping
cart. The total indicating the cost that You will effectively pay based
on your order will be displayed. We remind You that the cost does not
include customs duties or related import taxes and will not include
additional taxes that You might be required to pay according to the
legislation that is applicable to you.
By clicking on the button “Continue” You will be asked to choose the
means of payment. Following this choice, You will be asked to fulfill
the form that will allow us to identify and proceed to the Payment with
the means of payment that You have so chosen.
Payment – Means of payment security – Fraud Prevention Measures
We put at your disposal different means of payment allowing You to pay
your order:
- Credit card (Visa, MasterCard, Discover, American Express)
- PayPal
- Apple Pay
The transactions are carried out through
the transaction encashment platforms allowing the payment to be carried
out through payment means. The payment transaction is carried out by
third party companies - By paying through these services, You could be
asked to have a personal account. Therefore, We never have access to
your bank data. Also, to prevent fraudulent transactions We have set
up procedures for verifying your orders. If a fraud is suspected, these
procedures will allow us to block, and if needed, to cancel your order.
If your order needs to be cancelled, You will be informed by email at
the address that You have indicated without delay. If You want to
contest our decision to cancel your order, please contact our customer support department.
Finalization of the order – Conclusion of the Contract
In order to realize your order, We provide You with a summary of the
relative information of your order allowing You to verify the details
You have entered. Before clicking the button allowing You to place the
order and to express your acceptance, You will be given the possibility
to modify the address of the invoice, the address of delivery, the
desired shipping method, and the Products and Services in your basket.
To complete your order You must click on “place my order”. You are fully
aware that the fact of placing an order implies an obligation to pay.
Payment is direct. The lack of payment prevents formation of the order.
As soon as Your order is completed, You will immediately receive an
identification number of your order summary at the email address that
You have indicated during the order process. Your order confirmation
will entail your commitment to proceed to the conclusion of the Contract
between Withings and You and constitutes:
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Your Acceptance of an offer presented by Withings via our Website, our
Applications (on particular mobile devices) or via any other
organized sale system published by Withings, without the simultaneous
presence of the Parties and by the exclusive recourse of one or
several mediums; and
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Your Acceptance of these Sales Conditions; and
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Unless otherwise expressly allowed by Withings, the acceptance of the
payment of the purchase price of the Products and Services ordered
in its entirety once the Contract is concluded.
Withings may agree to conclude the Contract based on the information
provided by You – or Withings may refuse to conclude the Contract based on
the results of the data processing carried out in order to verify the
compliance of your order with these Sales Conditions such as, but not
limited to verification of delivery location or Fraud prevention
measures. An email with the acknowledgement of the order, its approval
by Withings, your acceptance, and the payment processing will be sent to
You by Withings at the email address that You have indicated during the
order process (“Order Confirmation Email”).
Filing
Communication filing, purchase orders, and invoices are stored on Withings
servers enabling both parties to make a copy of all the elements for the
conclusion of the Contract. <span
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Specific measures to offers with subscription
Certain Products and Services can be offered by Withings through a
subscription. Such a subscription commits You for a determined period of
time (the "Initial Contract Period"). The period of time of the
subscription is indicated in the order. If this subscription concerns a
Service, You grant us your prior express consent to perform the Service
as soon as possible. You acknowledge that You will lose your right of
withdrawal once the Contract has been fully performed by us. By your
subscription, You place a unique order that implies an obligation to pay
the amount of money for the period of your subscription.
Unless You terminate Your subscription according to the below terms,
Your subscription will be automatically renewed for an equal time period
after expiration of the Initial Contract Period. The renewal will be
charged to the applicable price of the date of the renewed subscription.
You will be informed of the automatic renewal by an email at the email
address that You have indicated to Us. The email will be forwarded at
the earliest three (3) months and at the latest one (1) month before the
expiration of the Initial Contract Period.
After the Initial Contract Period You can terminate the Contract at your
will, without prior notice. However, if the subscription concerns a
service on a specific period, the subscription month that has started
prior to the date of termination should be paid in full.
Delivery of the Products
Unless We have notified You otherwise, We will deliver the Products You
have purchased not later than 30 days from the Order Confirmation Email
reception and payment of your order.
Conditions of Delivery– Prerequisite
Delivery (referred to as the “Delivery” in these Sales Conditions) is
defined as the physical possession or control of the Product and/or the
activation of the Product. Delivery will be deemed fulfilled for each
Product on the day on which:
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The Product has been delivered at the postal address You have
notified us; or
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The Product has been physically delivered to You or to a third party
designated by You (other than the carrier); or
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The Product has been activated and linked to an account.
The risk of loss or damage to the Product shall pass to You when You or
the third party designated by You (other than the carrier) has acquired
the physical possession of the Product.
You are required to meet certain pre-requisites related to Delivery
including without limitation those specified in Withings Services Terms and Conditions. Thereby, You or the third party You have designated to
receive Your delivery:
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Must be present at the postal address You have notified us at the
time schedule of delivery notified to You by the carrier or Withings.
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Must proceed to a check-up of the package delivered and notify
immediately, by email or any other means, any anomaly in the
Delivery to Withings.
Any claim relating to an error or defect in Delivery must be made by You
as soon as possible.
Delivery failure
Unless otherwise specified by any mandatory legal provision, We have the
right to charge You for the completion of a new shipment if any failure
of Delivery occurs for a reason for which Withings or the carrier We
designated to make the Delivery is not responsible. Such reasons include
Your failure to fulfil the above pre-requisites related to Delivery.
Delay in Delivery
You shall be entitled to terminate the Contract, if Delivery is not
carried out within thirty (30) days from the Order Confirmation
Email reception and payment of your order, unless We have indicated on
the confirmation of Your purchase of the Product that the Delivery date
will take place more than thirty (30) days after the Order
Confirmation Email reception and payment of your order.
However, prior to such termination of Contract, You shall contact and
require Withings to make the Delivery within an additional period of time
appropriate to the circumstances. If We fail to deliver the Product
within that additional period of time, You shall be entitled to
terminate the Contract by sending us a notification by registered letter
with an acknowledgment of receipt.
Unless We have carried out the Delivery within the additional time
indicated by You, the Contract shall be considered as terminated upon
Our receipt of the letter or written statement notifying us of Your
decision to terminate the Contract.
The hereinabove provision shall not be applicable to Contracts where
delivery within the agreed delivery period is essential taking into
account all the circumstances attending the conclusion of the Contract
or where You have informed us, prior to the conclusion of the Contract,
that Delivery by or on a specified date is essential.
If the Contract is terminated according to the conditions specified in
this article, We will reimburse You all payments received by Us for Your
purchase of the Product(s) and/or the Service(s) under the terminated
Contract without undue delay and in any event not later than 14 days
from the day on which You have communicated us your decision to
terminate the Contract.
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Right of withdrawal by Withings.
The provisions of this section do not limit any of the rights You are
entitled to by the applicable law.
Conditions
We grant You a 30 day trial period during which You can return your
Product and request a refund for your order.
This withdrawal period will expire 30 days after the day on which You
completed Your order of the Product. You can find this date on the
confirmation of your purchase.
The Right of withdrawal granted by Withings does not apply in the following
cases:
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The supply of any digital content;
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In case You are unable to send us back the Product and its
accessories in the original packaging;
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For hosting Withings Services;
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For Withings Services under a subscription;
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When the returned Product is not the Product subject to the right of
withdrawal granted by Withings. This element can be determined using
the serial number (MAC ID) of our Products;
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When the returned Product was used in a way not in compliance with
Withings published guidelines for the Product. This provision shall
apply for any returned Product that is damaged or otherwise in a
state that does not allow us to sell the Product “as is”. In case
any repair or replacement of parts on the returned Product is
required, We will exclude Your Right of withdrawal;
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When the returned Product has been in contact with water while the
Product was not designated as « waterproof » by Withings;
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The supply of goods made in accordance with your specifications or
customised or personalised for You;
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The supply of goods which are liable to deteriorate or expire
rapidly;
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The supply of sealed goods which are not suitable for return due to
health protection or hygiene reasons and were unsealed after
delivery;
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The supply of sealed audio or sealed video recordings or sealed
computer software which were unsealed after delivery;
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The supply of digital content which is not supplied on a tangible
medium if the performance has begun with the Consumer’s prior
express consent and his acknowledgment that he thereby loses his
right of withdrawal.
The right of Withdrawal by Withings only applies to Products purchased on
the Website. If You bought your Product from any other distribution
network, please contact your reseller.
How do I exercise my Right of withdrawal?
To exercise the right of withdrawal, You must inform us of your decision
to withdraw from the Contract by an unequivocal statement (e.g. a letter
sent by post or e-mail) or by contacting our Support. To help us to
improve our Products, We may ask You to explain us your decision.
Consequences
If You exercise your right of withdrawal, You shall send back the
Products and their accessories without undue delay. The return of the
Products is at your own expense. You shall bear all the costs of
returning the Products. The burden of proof in respect of the exercise
of the withdrawal right and return of the Product lies on you. You shall
return the Product and its accessories at the postal address
communicated to You by our customer support department.
As soon as We receive the Product and after checking its proper working
order We shall reimburse You the price of the Product without any delay.
We will not reimburse You the shipping fees, banking charges nor customs
charges. We will carry out such reimbursement using the same means of
payment as You used for the initial transaction, unless You have
expressly agreed otherwise; in any event, You will not incur any fees as
a result of such reimbursement.
However, in case We conclude, when checking the proper working order of
the Product, that Your right of withdrawal does not apply due to any of
the above exclusion provisions, We may nevertheless be able to provide
You with the following choice:
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We send You back the Product at You own expense and risk after
payment of all returning expense.
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Destruction of the Product - Refurbishment of the Product. This
solution will be automatically chosen if You refuse to pay the
returning expense within 14 days from the day We notified You the
fact that the Product is not covered by Withings’ Right of withdrawal.
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Consumer legal Right of withdrawal
Any Consumer domiciled within the European Union will be subject to the
provision attached to Directive 2011/83/EU of the European Parliament
and of the council of 25 October 2011 on Consumer rights, amending
Council Directive 93/13/EEC and Directive 1999/44/EC of the European
Parliament and of the Council and repealing Council Directive 85/577/EEC
and Directive 97/7/EC of the European Parliament and of the Council.
You will find all relevant information attached to your legal Right of
withdrawal in Appendix: Consumer legal Right of withdrawal.
Any provision attached to the “Right of withdrawal by Withings” will apply
to all European Consumers if the provisions of the “Right of withdrawal
by Withings” are more favorable than the one granted by the law of their
country of residence.
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Customer support department
You can contact our customer support departmentt for any question related
to your Product and/or Service.
To provide You an efficient help, your personal data can be temporarily
communicated to a member of our customer support department until We
solve your issue. To protect your Privacy, We ensure that our customer
support department fully complies with our Data Privacy policy.
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Warranties
When purchasing a Product or a Service, You shall verify if there are
any conditions of entrance of the Product into the country in which You
are expecting us to deliver the Product and/or the Service.
Warranty and liability attached to the means of ordering on the Website or through our Applications
In accordance with our Withings Website Terms and our Applications Terms of Use, unless otherwise specified by any mandatory legal provision,
Withings is not liable for any direct or indirect, material or immaterial
damage (such as loss of profits, loss of opportunity, loss of goodwill,
loss of data, loss to your image and reputation) arising when using our
Website and/or Applications and/or any technical means requested to
purchase a Product or a Service on our Website and Applications. THE
Withings SERVICE ATTACHED TO THE MEANS OF ORDERING ON THE WEBSITE OR THE
APPLICATIONS ARE PROVIDED ON AN “AS IS” BASIS. Withings MAKES, AND YOU
RECEIVE, IN CONNECTION WITH THE WEBSITE, THE APPLICATIONS, THE Withings
SERVICE ATTACHED TO THE MEANS OF ORDERING ON THE WEBSITE OR THE
APPLICATIONS, NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Warranty attached to Withings’ Products.
When purchasing on our Website or through our Applications, You will be
granted warranties attached to your Product. Such Warranties may vary
according to the country in which You are residing. Please find the
warranty attached to your Product here.
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Data Privacy
At Withings, protecting the privacy of our Users is of the utmost
importance. You may want to read our Privacy Policy and our Supplement for Withings digital health Product and Services.
We grant You the right of access to and the right to rectify any data
concerning You by contacting our customer support department. You can
also object, at any time on compelling legitimate grounds relating to
your particular situation, to the processing of data related to you.
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General provisions
Force Majeure
Any event that is deemed at once unforeseeable, insurmountable and
external and thereby prevents us from fulfilling our obligations under
these Sales Conditions is considered an event of Force Majeure (“Force
Majeure Event”). The following events are especially considered as
examples of Force Majeure Events: strikes, flood, fire, lock-outs,
disruption and distractions in transport services, supply difficulties
in raw material or energy, any communication interference resulting in
any difficulty to fulfil any order or delivery performance of any act
required by the Contract shall be suspended for the duration of the
Force Majeure Event. The performance of such act shall be immediately
continued once the cause of the Force Majeure Event ceases.
Scope of the Contract.
This version of the Sales Conditions constitutes the entire agreement
between you and us and cancels, excludes and replaces any previous
conditions in its subject matter. You acknowledge that other documents
of the Withings Services Terms and Conditions may also apply to you when
you are subject to these Sales Conditions.
Severability
If any provision of the Sales Conditions is held invalid or
unenforceable by a court of competent jurisdiction, the invalid or
unenforceable part or provision will be deemed as unwritten.
Waiver
Any failure to exercise or delay in exercising any right, power or
privilege under the Contract shall not operate as a waiver; nor shall
any single or partial exercise of any right, power or privilege preclude
any other or further exercise thereof.
Evidence – Electronic communication
Any notification and communication between Withings and You can be realized
by any electronic means of communication such as emails. You hereby
grant us your express consent for sending You by electronic means of
communication any notification through your Withings account.
Governing law – Dispute resolution
In the event of any controversy or dispute between Withings and You arising
out of or in connection with your use of any Withings digital health
Products and Services, the parties shall attempt, promptly, in good
faith and before any judicial action, to resolve the dispute amicably
through alternative dispute resolution.
These Withings Terms and Conditions are governed by French law. In the event that litigation arises out of or in connection with your use of any Products and Services provided by Withings, the Parties undertake to seek an amicable solution before any legal action. In case of dispute, only the French courts will be competent.
If despite all our efforts to meet your expectations you do not get satisfaction after our customer service, you can make free use of a consumer mediator. The Paris Mediation and Arbitration Center will help you in your efforts if you contact them: (i) via their online form (www.cmap.fr), (ii) by email at consommation@cmap.fr. or (iii) by ordinary mail or recommended to the CMAP Mediation Consumption, 39 avenue Franklin D. Roosevelt, 75008 PARIS.
The Parties may agree to resolve their dispute through the online
dispute resolution platform provided by the European Commission. You can
access to the platform here:
Appendix: Consumer legal Right of withdrawal
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Right of withdrawal conditions, time frame
You have the right to withdraw from this contract within 30 days. This
period shall expire from:
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The day on which You or a third party other than the carrier and
indicated by You has been Delivered with the Product.
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The day of the Order Confirmation Email reception in the case of
service contracts.
In the case of contracts for regular Delivery of goods during defined
period of time, the period starts from the day of Delivery of the first
good.
In the case of delivery of a good consisting of multiple lots or pieces
or delivered separately, the day on which the Consumer or a third party
other than the carrier and indicated by the Consumer acquires physical
possession of the last lot or piece.
With your prior express consent, service contract can be performed
immediately. If You want to withdraw from such contract, You will be
charged within the period from the day of conclusion of the contract
until the date we receive your unequivocal statement of withdrawal. The
amount charged will be proportionate to the total price of the service
agreed in the contract.
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Exceptions form the right of withdrawal
You shall not be granted with the right of withdrawal in the following:
Service contracts after the service has been fully performed if the
performance has begun with your prior express consent, and with the
acknowledgement that You will lose your right of withdrawal once the
contract has been fully performed by us;
The supply of goods made in accordance with your specifications or
clearly personalized;
The supply of goods which are liable to deteriorate or expire rapidly;
The supply of sealed goods which are not suitable for return due to
health protection or hygiene reasons and were unsealed after delivery;
The supply of sealed audio or sealed video recordings or sealed computer
software which were unsealed after delivery;
The supply of digital content which is not supplied on a tangible medium
if the performance has begun with the Consumer’s prior express consent
and his acknowledgment that he thereby loses his right of withdrawal.
By accepting this contract, You hereby grant us your express consent for
supplying You digital content which is not supplied on a tangible medium
before the withdrawal period passes. You hereby waives your right of
withdrawal.
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Exercise of the right of withdrawal and Product return.
You have the right to withdraw from this contract within 30 days without
giving any reason. You must inform us of your decision to withdraw from
this contract by an unequivocal statement. Before the end of the
withdrawal period, You may use the attached model withdrawal form, but
it is not obligatory. The burden of proof lies with you, the Consumer.
Therefore, we strongly recommend that You notice us your decision by a
registered letter with an acknowledgment of receipt.
Of course, You can also electronically fill in and submit the model
withdrawal form or any other unequivocal statement on our Website
health.Withings.com . If You use this option, we will communicate to You an
acknowledgement of receipt of such a withdrawal on a durable medium
(e.g. by e-mail) without delay.
If You exercise your right of withdrawal, You shall send back the
Products without undue delay and in any event not later than 14 days
from the day on which You have communicated us your decision to withdraw
from the contract.
The return of the Products is at your own expense. You shall bear the
direct cost of returning the Products. The burden of proof in respect of
the exercise of the withdrawal right and return of the Product lies on
you.
When exercising the right if withdrawal, You shall be liable for any
diminished value of the Products other than what is necessary to
establish the nature, characteristics and functioning of the Products.
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Reimbursement conditions in accordance with the right of withdrawal
When exercising your withdrawal right, we shall reimburse You all
payments received when purchasing the Product or the Service Contract.
However, if You have expressly opted for a type of Delivery other than
the least expensive type of standard Delivery offered by us, we shall
not reimburse the supplementary costs You agreed to pay. We shall prove
the type of Delivery You opted by all appropriate means.
We may withhold the reimbursement until we have received the Products
back or until You supplied evidence of having sent back the Products,
whichever is the earliest.
We will carry out the reimbursement using the same means of payment as
You used for the initial transaction, unless we expressly agree
otherwise. Your consent to such can be notified by any electronic means
of communication such as emails. You shall not incur any fees as a
result of such reimbursement.
Model instructions on withdrawal
Download the Withdrawal Form as a PDF file
Right of withdrawal
You have the right to withdraw from this contract within 30 days without
giving any reason.
The withdrawal period will expire after 30 days from the day on which
you acquire, or a third party other than the carrier and indicated by
you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us of your decision
to withdraw from this contract by an unequivocal statement (e.g. a
letter sent by post, fax or e-mail). You may use the attached model
withdrawal form, but it is not obligatory. You can inform us of your
decision at the following address:
Withings SA : 2 rue Maurice Hartmann, 92130 Issy les
Moulineaux FRANCE
You can also join us :
By telephone : +44 (800) 044-3253
By email: retractation@Withings.com
You can also electronically fill in and submit the model withdrawal form
or any other unequivocal statement on our website www.withings.com.
If you use this option, we will communicate
to you an acknowledgement of receipt of such a withdrawal on a durable
medium (e.g. by e-mail) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your
communication concerning your exercise of the right of withdrawal before
the withdrawal period has expired.
Effects of withdrawal
If You withdraw from this contract, we shall reimburse to you all
payments received from you, including the costs of Delivery (with the
exception of the supplementary costs resulting from your choice of a
type of Delivery other than the least expensive type of standard
Delivery offered by us), without undue delay and in any event not later
than 14 days from the day on which we are informed about your decision
to withdraw from this contract. We will carry out such reimbursement
using the same means of payment as you used for the initial transaction,
unless you have expressly agreed otherwise; in any event, you will not
incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or
you have supplied evidence of having sent back the goods, whichever is
the earliest.
You shall send back the goods or hand them over to us, without undue
delay and in any event not later than 14 days from the day on which you
communicate your withdrawal from this contract to us. The deadline is
met if you send back the goods before the period of 14 days has expired.
(Please, complete and return this form if you want to exercise your
right of withdrawal)
To the attention of
Withings SA
Service rétractation
2 rue Maurice Hartmann Tel: +44 (800) 044-3253
92130 Issy les Moulineaux – France Email to : retractation@withings.com
I hereby give notice that I withdraw from the contract of sale concerning the following Goods:
Ordered on(*) / Received on(*) _ _ / _ _ / _ _ _ _ (dd/mm/yyyy)
I am\
\
Name: First name:\
My address is:\
City: Postal code\
Country\
\
(*) Delete as appropriate
Signature
Date
_ _ / _ _ / _ _ _ _ (dd/mm/yyyy)
Updated on 12 Sep 2018.