General Sales Conditions

1. Relationship between You and Withings

The General Sales Conditions aim at managing the contractual relationship between You (hereafter the “Buyer”, “You”, the “Consumer” or the “User” ) and Withings (hereafter « Withings » or « we »).

Withings Inc, having its Business office located at 101 Main Street, Floor 14, Cambridge, Massachusetts, 02142, United States of America (USA).

You can contact us:
By fax: 09 56 83 90 32
Online: withings.com/support

The General Sales Conditions are a subset of the Withings Services Terms and Conditions. The General Sales Conditions supersede any other document of the Withings Services Terms and Conditions concerning its purpose.

Delivery is carried out only within countries enumerated on this list. The content of the webpage listing the countries can change and Withings is not bound to assure continuous service in the countries once mentioned.
Those General Sales Conditions are also available in the following languages:

• French

As a Consumer of Withings Product, You, acknowledge and guarantee:

• That You have obtained and read a copy of the General Sales Conditions;
• That You will only use the 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
• To be in possession of the General Sale Conditions on a durable media especially, but not limited to, by printing them out;
• To be of age or authorized under the law of your country of residence to purchase or acquire such Product, and aware of the legal regulations framing this contract;
• That You have the right under the law of your country of residence to carry out an order and to receive delivery in the indicated venue;
• That You agree with, and don’t object with any clause or part of the General Sales Conditions;
• The Parties must understand any order as a full acceptance of the General Sales Conditions;
• To be fully aware that any order implies an obligation to pay.

You understand that your action of placing an order, purchasing or acquiring one or several Withings Products involves that You read, understood and agree with the General Sales Conditions (hereafter “Conditions”) without reserve, objection or contestation.

2. Glossary

It is understood between the parties that the words written with a Capital letter are to be defined as follow:

Buyer : refers to a Consumer complying with all legal provisions requested to enter into this agreement and having placed one or several orders of one or several Products or Services by means of the Internet and/or Applications published by Withings. The Buyer is asked to provide accurate information when personal information is requested before placing an order. You can be the one designated by this word.

Consumer : means an individual who seeks or acquires any goods or services, primarily for personal family or household purposes, including credit transactions associated with such purchases.

Parties : The Buyer or Consumer or User and Withings.

Product and /or Services: designate a range of goods and services that can be subject to an order on the web site.

User : means any natural person who is using or interacting with the Product and/or Services. You can be the one designated by this word. Product and /or Services: designate a range of goods and services that can be subject to an order on the web site.

3. Purpose

The General Sales Conditions complete the Website Terms of Use and the Applications Terms of Use. They are applicable to all means, mediums and actions enabling (1) the presentation of an offer to the Consumer especially through the website and the Applications published by Withings (2) the acceptation of this offer through the Contract conclusion and (3) performance of the Contract.

4. Modifications of the General Sales Conditions

It is understood between the parties that Withings keeps the right and possibility to modify or change, in any case, all or part of these General Sales Conditions to reflect 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 General Sales Conditions replaces the previous General Sales Conditions. Changes will not apply retroactively, which means that any order is subject to the General Sales Conditions version applicable at the time of placing an order.

We recommend to frequently consult theWithings Services Terms and Conditions as well as saving the latter version on durable media; e.g. paper print.

5. Process of the order and formation of the Contract

a. Description of the Products - Price - constitutive elements of the Offer

1. Description of the Products

Each Product is subject to a description on Withings’ Website or any website, owned by Withings. Only the applicable General Sales Conditions, the descriptions, characteristics, features presentations and price that we publish and that we directly present, shall be seen 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 listed elements with your own needs or to those You intend to use the Product for.

Both parties 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. These must not be considered as a determinant element of Buyer’s consent to place and order.

2. Price

Prices listed do not include any possible 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. This indication could be a reduction vouchers, a gift card, or a special offer.

According from where You connect yourself to Withings’ Website or any website, owned by Withings, it is possible that the price does not include any taxes. We draw your attention on the fact that the sale price never includes possible customs duties and related taxes on import. Also, the legislation applicable to You can impose certain taxation that we do not collect. It is the entire responsibility of the Buyer to pay such taxes or customs duties at his own expenses as well as fully complying with applicable regulation.

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 relative 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. Only the prices that are presented at the moment You place an order are applicable.

3. Constitutive elements of the order

The above mentioned elements determine the offer by which we are bound to when accepted by the Buyer. The sales offers via internet that we present to You are valid, within the limits of our available stock, as long as they are accessible on the Website and on the Application published by Withings or, if it is mentioned, until the expiration of their validity duration.

Withings cannot, in any case, be liable for any other offers than the one directly expressed on its 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 (Step 1)

b. Buyer Identification - Determining the Delivery address and Invoice

To place an offer, the Buyer can use an existing account, create a new account, or 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 adequately the order and Delivery (Step 2)

If You have designated another person to receive 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 receiver. 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.

Should You create an account, You are requested to follow a set of requirements in order to avoid that a third party will have access to your account. Therefore, You have to verify that your password is sufficiently secured (composed with enough characters, mixed cases, varied alphanumerical characters, etc.), disconnect your session when You disconnect from the Site. Withings cannot be held responsible of Buyer’s failure to provide a sufficiently secured password in case this password is hacked or violated by any third party.

Access to your account and/or any other means at your disposal to get connected to the Web Site is made under your own liability. We remind You that access to your account can provide access to You personal data.

Withings cannot be held liable in case any third party access to your data by using your private associated login and password. Any Connection to your account from a third party is your own responsibility. We cannot be responsible for all the personal data communicated to one or several parties through an authorization given implicitly or explicitly by You to one or several parties. Leaving the Website without logging out, must be considered as an implicit authorization.

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 expressly log out from our website or application. It is therefore recommended to do so when You have realized the activities wished.

c. Order – Prior verification of the offer

When we have the 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 (Step 3).

The Delivery means will be set similarly for all the Products bought simultaneously on our website, application. The indicated cost will be valid for the set of Products. If You want Products to be shipped following different modalities You are requested to operate 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 in the framework of 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. (Step 4)

d. Payment – Means of payment security – Fraud Prevention Measures

We put at your disposal different means of payment allowing You to pay your order. These are indicated during the order process.

You have the option to pay for your order with a payment card and/or credit card. The transactions are carried out through the transaction encashment platforms allowing the payment to be carried out through payment means such as Master Card, Visa Inc., Discover and American Express.

You can also pay your order through “PayPal”, “Square” services. By paying through these services, You could be asked to have a personal bank account.

The whole means of payment are published and carried out by third party companies. 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 was to be cancelled, You would be informed by email at the address that You have indicated within best delay. If You want to contest our decision to cancel your order, please contact our customer service department.

e. 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 goods in your basket.

To complete your order You must click on “place an 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 You order is completed, You will immediately receive an identification number of your order (Step 5)`

Your order confirmation will entail the conclusion of the contract between Withings and you.

The conclusion of this contract implies:

• Your Acceptance of an offer presented by Withings via our Website, our Applications (on particular mobile devices) or of 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;
• Acceptance of these General Sales Conditions;
• Unless otherwise expressly allowed by Withings, the acceptance of the immediate payment of the sale cost in its integrality.

An email with the acknowledgement of the order, your acceptance, and the payment of the order is forwarded by Withings at the earliest convenience at the email address that You have indicated during the order process.

A second mail will be forwarded to the same address enabling You to have access to the follow-up of the parcel shipping details.

f. 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. You can have access to all elements of the order via your personal account.

6. Specific conditions for prerequisite orders (Pre-Orders)

We might allow pre-purchase by a restricted number of customers of certain Products or Services prior to the launching date. The launching date is the date whereby the Product can be ordered on our web site by all the Internet Users (hereinafter "launching date"). In this way we allow You to be the first to place orders of our Products and Services. When we allow You to make such prior order (hereinafter “pre-order”) of a Product, we undertake to prioritize your order, except if we do not receive your payment in due time for the order to be completed.

We use different means of payments for pre-orders. Pre-orders are to be paid following a withdrawing process, where You allow Withings to withdraw the agreed amount from your bank account when your Product is shipped. It is understood between the parties that the price of the Product might change between the moment where the pre-order was made and the moment of the shipping when this change. The Buyer will be expressly informed of such change and will have to reconfirm his/her order.

In case we are unable to withdraw the payment, we will keep aside the Product. We will do so for a duration that will be indicated to You by an email notifying You of the situation. Unless You place a new order during the period that we indicated in the email, we would be compelled to cancel your pre-order. You would then be able to order the Product or Service at the launching date or through placing another pre-order.

Withdrawal of payment funds will only take place once the Product or Service will be ready for Delivery. No Product or Service can be sent or delivered without your prior payment. Payment before delivery will be considered as a deposit, cancellation of prerequisite orders will lead to the refund of the price already withdrew with your agreement.

Also, by placing a prerequisite order, You will immediately benefit from the entire rights that You are granted by these Conditions. This is the reason why, the date of dispatch of the Product or Service must be considered as your date of order.

7. Specific measures to offers with subscription

Certain Products and Services can be proposed through a subscription. This subscription commits You for a determined period of time (the "contractual initial period"). This period of time is indicated in the order. If this subscription concerns a Service, You grant us your prior express consent to perform the Service within best delay. 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.

So as not to lose your subscription benefit, your subscription will be automatically renewed for an equivalent duration period after expiration of the initial contractual 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. This email will be forwarded three (3) months at the earliest and one (1) month at the latest before the termination of the initial contractual period.

After the initial contractual period You can terminate the contract at your will, without prior notice. However if the subscription concerns a service on a specific period, we will then consider that the month being started has to be paid.

8. Delivery of the Products

a. Time of delivery

Unless we have notified You otherwise, we will deliver the Products You have purchased not later than 30 days from the conclusion of the contract and payment of your order.

b. Conditions of Delivery– Prerequisite

Delivery (hereinafter the “Delivery”) may be understood as the physical possession or control of the Product and/or the activation of it. Delivery will be deemed fulfilled the day on which:

• The Product will be delivered at the postal address You have notified us;
• The Product has been physically delivered to You or to a third party other than the carrier and indicated by you;
• The Product, individually considered, 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 indicated by You and other than the carrier has acquired the physical possession of the Product.

You are required to meet certain pre-requisite attached to Delivery. Thus, without this list being limited and unless otherwise specified, You or the third party You have designated to receive delivery:

• Must be present at the postal address You have notified us and at the time schedule of delivery notified to You by the carrier or Withings.
• Must proceed to a check-up of the packaged delivered and notify immediately, by email or any other means, any anomaly to Withings.

Any claim relating to an error or defect in Delivery must be made as soon as possible.

c. Delivery failure

Unless otherwise specified by any mandatory legal provision, we would be held 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 charged to make the delivery is not responsible.

This could occur if You do not fulfil the hereinabove pre-requisite attached to Delivery

d. Delay in Delivery

You shall be entitled to terminate the contract if Delivery it not carried out:

• Within thirty (30) days from the conclusion of the contract and payment of your order;
• As we have indicated on the purchase of the Product while this date was more than thirty (30) days after the conclusion of the contract and payment of your order.

However, prior to this contract resolution, You shall call upon 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 proceeded to the Delivery, in the meantime, the contract may be considered as terminated when receiving the letter or written statement notifying us of your decision to terminate the contract.

The hereinabove provision shall not be applicable to sales 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 in the conditions specified in this article, we will reimburse You all payments received when purchasing the Product or the Service 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.

9. Right of withdrawal by Withings.

At Withings, we want You to have faith in our Products. This means that You have to test our Product to be fully aware of its nature, characteristics and functions. That is why we grant You our Right of withdrawal when You purchase a Product on our Website or through our Applications.

The provisions of this section does not withdraw the rights You are entitled to by law.

a. 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 after 30 days from the day on which You acquire the Product. You can find this date on the confirmation of your purchase.

The Right of withdrawal by Withings does not apply in the following cases:

• The supply of any digital content;
• In case You are unable to send us back the Product and its accessories in the original packaging;
• For hosting services provided by Withings;
• For services under a subscription;
• 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;
• When the returned Product was used in a way not supported by Withings’ published guidelines attached to the Product. This provision shall apply for all returned Product that is damaged or in a state that does not allow us to sell the Product “as is”. Any repairing or replacing pairs on the returned Product exclude the Right of withdrawal by Withings;
• When the returned Product has been in contact with water while the Product was not designated as « waterproof » by Withings;
• The supply of goods made in accordance with your specifications or clearly personalised;
• 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.

The right of Withdrawal by Withings only applies to Products purchased on Withings’ Website. If You bought your Product in any other distribution network, please contact your reseller.

b. How do I exercise my Right of withdrawal?

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) or by contacting our Support. To help us to improve our Products, we may ask You to explain us your decision.

c. Consequences

If You exercise your right of withdrawal, You shall send back the Products 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 Service.

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 nor banking charges and 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, when checking the proper working order of the Product any exclusion provision occurs, we may be able to provide You the following choice:

• We send You back the Product at You own expense and risk after payment of all returning expense.
• 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.

10. Customer Service

You can contact our customer service department for any question related to your roduct and/or Service.

To provide You an efficient help, your personal data can be temporarily communicated to a member of our customer service until we solve your issue. To protect your Privacy, we ensure that our customer service fully complies with our Data Privacy.

11. Warranties

When purchasing a Product or a Service, You shall verify if it complies with all applicable law and 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.

a. Warranty and liability attached to the means of ordering on the Website or through our Applications.

In accordance with our Website Terms of Use 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 SERVICE ATTACHED TO THE MEANS OF ORDERING ON THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. WITHINGS MAKES, AND YOU RECEIVE, IN CONNECTION WITH THE WEBSITE, THE APPLICATIONS, THE SERVICE ATTACHED TO THE MEANS OF ORDERING ON THE WEBSITE, NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

b. 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.

At Withings, we want You to have confidence in our Products. That is why we automatically grant You with our “Withings Extended Warranty” when You purchase a Product on our Website or through our Applications

Withings extended Warranty

1. What is covered?

This warranty covers any Withings branded Product (“Withings Product”) against defects in materials or workmanship, when used normally in accordance with Withings’ published guidelines. Withings’ published guidelines include but are not limited to information contained in technical specifications, safety instructions and quick start guide.

2. What is not covered?

This warranty does not cover:

• Any use of the Withings Product that does not fit the expected use of the Withings Product;
• Any use of the Withings Product that is not supported and explicitly permitted in Withings’ published guidelines attached to your Withings Product; -Damage caused by accident, abuse, misuse, corrosion flood, fire, earthquake or other external causes;
• Natural wear and tear;
• The lifetime of the battery
• Accessories and consumable components (such as bracelets, batteries, chargers, cables) unless they are the main subject of the order;
• Cosmetic damage, including scratches;
• Damages caused by use with another product;
• Withings Products not purchased on our website
• The fact that the operation of the Withings Product will be uninterrupted or error-free.

Withings is not responsible for damage arising from failure to follow instructions relating to the Withings Product’s use.

Withings Extended Warranty does not cover any contact with water for Products that are not expressly designated as « waterproof »

3. How long does the coverage last?

Withings Extended Warranty runs for ONE YEARS (12 months) from the date You initially purchased the Withings Product on our Website www.withings.com.

4. How to get Service?

You may contact our customer service department and fill out the requested information. We may require that you furnish proof of original retail purchase details.

5. What Withings will do?

If your Withings Product is covered by Withings Extended Warranty we will provide You with a free replacement Product and we will bear the cost of returning the Withings Product and shipping of the replacement Product. The replacement product may be a refurbished product. The Replacement Product will be sent to you after reception of the Withings Product under Warranty.

The Replacement Product is warranted for the remainder of the original product’s warranty period.

Such replacement may have an impact on information stored in Withings Product. Such information may be lost or altered. It is your responsibility to backup any data, software, or other materials you have stored on the Withings Product.

However, if after checking the returned Withings Product any exclusion provision occurs, we may be able to provide You the following choice:

• We send You back the Withings Product at You own expense and risk after payment of all returning expense.
• Destruction of the Withings 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 extended Warranty.

WITHINGS Extended Warranty is valid only in countries where Withings Product are sold by Withings through its Website.

6. How does State Law Apply?

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

7. Limitation of liability

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW WITHINGS IS NOT LIABLE FOR ANY DIRECT, INDIRECT (SUCH AS LOSS OF USE, LOSS OF REVENUE, LOSS OF OPPORTUNITY, LOSS OF REPUTATION etc.), SPECIAL, CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WITHINGS EXTENDED WARRANTY OR FROM ANY MISUSE OF THE PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO PERSONAL INJURY.

12. Data Privacy

At Withings, protecting the privacy of our Users is of the utmost importance. You can read our Statement on Data Protection and our Privacy Policy.

When using our Website, creating an account and/or purchase a Product Withings will collect data in order to provide its services. Shall be considered as a Personal data (hereinafter “Personal Data”) any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.

Any collection and proceeding of personal data will be carried out with your prior and freely given consent.

We grant You the right of access to and the right to rectify any data concerning You by contacting our customer service department or:

By Mail: Withings – 2 rue Maurice Hartmann, 92130 Issy les Moulineaux

By email: privacy@withings.com

You can also object, at any time on compelling legitimate grounds relating to your particular situation, to the processing of data related to you.

13. General provisions

a. Act of God

Act of god (“Act of God”) shall result of any event that is at once unforeseeable, insurmountable and external. The following are especially considered as Act of God: 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 ort delivery Performance of any act required by this contract shall be suspended for the duration of the event determined as Act of God. The performance of such act shall be immediately executed once the cause of Act of God ceases.

b. Scope of the Agreement.

The General Sale Conditions are a sub-set of the Withings Services Terms and Conditions. The General Sale Conditions prevails, supersede in their subject matter and their effect any other document of Withings Services Terms and Conditions. This version of the General Sale Conditions constitute the entire agreement between us and cancel, exclude and replaces any previous conditions in its subject matter.

c. Severability

If any provision of this General 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.

d. Waiver

Any failure to exercise or delay in exercising any right, power or privilege under this Agreement 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.

e. 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.

f. Governing law – Dispute resolution

This General Sales Conditions and all any action related thereto shall be governed, controlled, interpreted by and construed in accordance with the laws of the State of Massachusetts (USA) without regard to principles of conflict of laws.

Any dispute, claim or controversy arising out of or relating to this Withings General Sales Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Withings General Sales Conditions to arbitrate, shall be determined by arbitration rather that in court, except that you may assert claims in small claims court if you claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted on an individual basis – class arbitrations and class actions are not permitted -, in the hometown area of the consumer, using the English language, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators.

Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction