GENERAL CONDITIONS OF SALE AND USE
Article 1 – General
These General Conditions of Sale and Use govern the contractual relations between Chacon, the company that distributes the DiO brand, and any natural person or legal entity, whether or not a consumer (hereinafter referred to as the “Customer”).
- CHACON, hereinafter referred to as “Chacon”, is identified as follows:
with head office located at 1300 Wavre (Belgium), Avenue Mercator, 2,
Company Registration Number 0417.371.006
Telephone: +32 (0)10/68 71 80
Fax: +32 (0)10 68 71 90
E-mail address: firstname.lastname@example.org.
Business hours: Monday and Friday: 8 am to 4 pm; Tuesday to Thursday: 8 am to 5 pm
- The customer is defined below as the “Customer” in the context of:
(i) The sale of equipment (the “Products”) purchased by the Customer directly from Chacon/DiO or one of its dealers;
(ii) The use and subscription to remote monitoring and telesurveillance services (the “Services”), supplied by Chacon to the Customer.
(iii) “Consumer” means any natural person who acquires a Product or Service on one of the sites listed in Appendix 1 for purposes not related to its trade, business, craft or profession (hereinafter referred to as the “CONSUMER CUSTOMER”).
The purpose of the Products and Services is to allow the Customer to facilitate the surveillance and remote monitoring of private premises. To do this, the Customer shall install a central control system called the “Main Unit” or “Box”, which will be connected to a set of accessories, and can be controlled remotely via the Internet. The Customer may use and subscribe to the Services related to the Products, whether they were purchased directly from Chacon or from one of its dealers.
To purchase the Products from Chacon and/or use and subscribe to the Services, the Customer must apply the steps of the process indicated on the brand sites, particularly the sites listed in Appendix 1. The Customer shall complete all the fields concerning its identity, choosing the Products, choosing the Services, and choosing the payment methods. During the process, the Customer must accept the General Conditions of Sale and Use by ticking the relevant box. By accepting them, the Customer fully and unreservedly agrees to all of their contents, to the exclusion of all other documents, such as leaflets or catalogues submitted by Chacon or a third party, which are for information only. The General Conditions of Sale and Use in force between the parties are the most recent ones that the Customer has accepted.
Article 2 – General Provisions Applicable to Products and Services
Article 2.1 – PRIOR CONDITIONS
Before purchasing Products and subscribing to Services, the Customer must ensure that its has the necessary technical prerequisites.
To install the Products and use the Services, its must in particular have the following facilities available on the Box installation site:
– High-speed Internet access,
– A router (standalone or built into a box) with an Ethernet left continuously powered,
– A computer equipped with an operating system (PC with Windows Vista or Windows XP or Windows 7 or Mac OS or Linux) or an iOS (versions 7 and later) or Android (versions 4.0 and later) smartphone
– A web browser (Internet Explorer, Safari, Firefox, Chrome, etc. with the publisher’s latest updates) or the DiO Connected Home mobile application.
The Customer is responsible for checking that its personal equipment (computer(s), smartphone(s), router, switch, powerline adapters, WiFi access point, internet box and internet connectivity, firewall, antivirus, software, etc.) is compatible with the Products and the use of the Services. The placing of an order for Products, their installation, or the use of or subscription to Services implies recognition by the Customer that its equipment complies with the technical prerequisites. Chacon accepts no liability in the event that the Customer’s personal equipment should be inoperative or incompatible with the DiO Services and Products supplied by Chacon. Likewise, no cancellation or termination of the order shall be accepted on the basis of incompatibility.
The Customer must take all necessary measures so that the software and network configurations and the connections to the Internet, telephone, and electrical networks, as well as any other necessary connection, are in a normal operating condition at all times. It should take all appropriate action to protect its own data and/or software from contamination by viruses that are spread via electronic communication networks, particularly on the Internet.
The equipment (computer, software, telecommunications devices, etc.) providing access to the Services is paid for exclusively by the Customer, as are the communication costs arising from its use.
Article 2.2 – CHARACTERISTICS OF THE PRODUCTS AND SERVICES
Information concerning the essential characteristics of the Products and Services supplied is available on the Chacon website and in the documentation supplied by Chacon.
Article 2.3 – PRICES
Prices are quoted in euros excluding delivery charges, but all fees, taxes, duties, contributions collected on behalf of ASBL BEBAT and ASBL RECUPEL and packaging costs are included. The delivery charges are listed separately on the website. The prices include the VAT applicable in Belgium on the date of acceptance of the order by Chacon. Any change in rate is always passed on to the product prices.
Any customs duties or other charges that might be applicable to the order are payable by the Customer.
Chacon reserves the right to change its prices at any time and without notice.
Article 2.4 – PAYMENT
2.4.1. The Customer pays the invoice at the time of ordering. To pay Chacon for the purchase of the Products, the Customer may choose to pay up front:
- by bank card, transfer, or credit card on the website www.getdio.com or www.chacon.be, via secure access;
- in cash, transfer, or credit card by contacting the Chacon customer service department.
Electronic invoicing takes place according to the procedures outlined below, which the Customer expressly accepts. The electronic invoices will be sent to the Customer by email. Chacon guarantees the authenticity of the origin of the invoices issued in this way, the integrity of their contents, and their legibility. The probative force of these electronic invoices is expressly accepted by the Customer. An advice note is enclosed with the package. If the price is less than €125 excluding VAT, a €7 supplement for administrative costs may be demanded. Any person who places an order for Products or Services with the instruction to invoice a third party remains personally responsible for payment in full. Any comment on an invoice must be sent to Chacon by registered letter within five days of the invoice. Otherwise, the invoice and the supply to which it refers are considered to have been accepted without reservation.
2.4.2. Failure to pay an invoice, debit note, or bill of exchange by the due date entails, simultaneously, as of right and without formal notice to pay:
a) the charging of late payment interest at the contractual rate of 12%,
b) the charging of flat rate and irreducible damages to cover administrative costs in an amount equivalent to 15% of the unpaid principal, with a €70 minimum.
2.4.3. Any lateness in paying amounts due under the terms of the present agreement or any other agreement between parties also authorises Chacon as of right and without formal notice to pay:
a) to demand immediate payment, without discount, of all amounts due both under the terms of the present agreement and under the terms of any other agreement,
b) to invoke the resolution of all or part of those same agreements.
2.4.4. Notwithstanding Article 1583 of the Civil Code, the Products remain the property of Chacon until all amounts due as principal, interest, and accessories have been paid in full. From that moment, the Customer solemnly and irrevocably undertakes to refrain from using the Products delivered until the amounts due have been completely and irrevocably paid. In case of late payment, for whatever reason, the Customer undertakes to return the Products at the first and simple request of Chacon, which the customer authorises from now and for the time being to take back as of right and without notice.
2.4.5. Chacon reserves the right to refuse any delivery, provision of Service, or to terminate as of right any agreement between the parties in the event of late payment or a change in the Customer’s situation.
Article 2.5- ARCHIVING AND PROOF OF ELECTRONIC TRANSACTIONS
2.5.1. Purchase orders and invoices are archived on a reliable and durable medium.
2.5.2. The parties accept electronic evidence. In particular, the Customer accepts the use of electronic invoices, purchase orders, and agreements. The Customer renounces any form of challenge concerning the electronic format and the original nature of these documents, including any challenge to the data guaranteeing the authenticity of the origin and the integrity of the contents of the electronic documents.
The computer registers stored in the information systems of Chacon and its partners with reasonable security measures shall be taken as proof of the communications, orders and payments that have taken place between the parties.
Article 2.6 – LIABILITY
The photographs, texts, graphics, information and characteristics reproduced to illustrate the Products and Services presented by Chacon are not contractual. Chacon therefore declines all liability in the event of error or omission in any of these photographs, texts, graphics, information or characteristics of the Products and Services or in the event of modification of the characteristics of the Products and Services by the suppliers.
Chacon declines all responsibility for a failure to execute the contract signed with the Customer in the event of stock shortage or unavailability of the Products and Services, cases of force majeure, disturbance or total or partial industrial action affecting postal services and transportation and/or communications networks in particular, flood, or fire.
Chacon shall not be held liable for any direct or indirect losses, operating downtime, loss of profit, loss of opportunity, losses or expenses that might arise from the purchase of the Products. A total or partial inability to use the products, most notably due to hardware incompatibility, shall not give rise to any compensation or reimbursement or attribution of liability to Chacon.
Chacon does not declare or guarantee that the Products cannot be modified, altered, or be subject to a workaround to circumvent the protective measures, or that the products will prevent any bodily injury or property damage, burglary, theft, fire, etc.; or that the Products and Services will always provide warnings or adequate protection. The Products do not constitute a guarantee against the risk of break-in or fire. In the event of an incident, most notably by burglary with or without break-in, the Customer may not attribute liability to Chacon for the direct and indirect losses it suffers, for any reason whatsoever.
The services provided by Chacon and by the Service Provider must be viewed within the framework of an obligation of means, not an obligation of result. That is why, under common law, liability cannot be attributed to Chacon and/or the Service Provider by the Customer or its insurers except for the harmful consequences of a proven fault.
Chacon and the Service Provider shall not be held liable for the non-execution of the agreement due to a case of force majeure.
THE PRODUCTS AND SERVICES DO NOT CONSTITUTE A GUARANTEE OF ENERGY SAVINGS OR A GUARANTEE AGAINST THE RISK OF BREAK-IN OR FIRE, AND CHACON DOES NOT DECLARE OR GUARANTEE THAT THE PRODUCTS CANNOT BE MODIFIED, ALTERED, OR SUBJECT TO A WORKAROUND TO CIRCUMVENT THE PROTECTIVE MEASURES, OR THAT THE PRODUCTS AND SERVICES WILL PREVENT ANY BODILY INJURY OR PROPERTY DAMAGE, BURGLARY, THEFT, FIRE, ETC., OR THAT THE PRODUCTS AND SERVICES WILL ALWAYS PROVIDE WARNINGS OR ADEQUATE PROTECTION.
Chacon undertakes, within the bounds of its obligation of means, to provide optimum conditions of access and availability of the Products and Services. It cannot be held liable in particular for the following losses and events:
- failure by the Customer and/or persons under its responsibility to comply with the obligations set forth in the present General Conditions of Sale and Use,
- use of the Products or Services not in compliance with the technical characteristics,
- incorrect configuration of the Products or Services,
- any deliberate or accidental damage to the equipment,
- accidents of all kinds affecting the hardware or the telephone, Internet, or electrical networks, such as shock, voltage surge, lightning, flood, fire, and more generally, all events resulting from abnormal use or an abnormal situation,
- failure of the telephone, Internet or electrical networks caused by the operator of those networks or by the Customer,
- failure of the ADSL network used by the Customer, whether the fault of the access provider or due to failure of the router modem used by the Customer or any one of the components positioned between the camera and the ADSL router (cable, switch, etc.),
- fluctuation of the current in the electrical or telephone lines, caused by and/or causing various types of interference of electrical, radioelectric, or electromagnetic origin,
- interruptions or loss of quality of Services when they are used at the same time as an Internet, audiovisual or telephone service by the Customer, because this reduces the effective data rate of the Internet access (e.g. double or triple play offer),
- fortuitous events and cases of force majeure,
- harmful consequences undergone by third parties or by the Customer due to failure to comply with its obligations and the rules or advice for use of the Products and Services as well as the laws in force by the Customer and/or persons under its responsibility.
The User Access and its contents, such as videos, is a strictly personal space. Likewise, any authorisation to broadcast video sequences and their content to trusted persons depends exclusively on the Customer’s decision and responsibility. Moreover, Chacon cannot be held responsible for losses and damage likely to be suffered by the Customer due to the use, whether authorised or not, of its Server login details by a third party.
The Customer declares moreover that it has taken out all necessary insurance policies to cover any incident that might affect its site.
Chacon shall not under any circumstances accept liability if the Products or Services turn out to be incompatible or if they malfunction with certain software, configurations, operating systems or equipment belonging to the Customer if the Customer did not perform a prior check of the necessary technical prerequisites mentioned in Article 2.1 below.
Article 2.7. USE OF THE SITE & OBLIGATION OF MEANS
2.7.1. Chacon, its administrators, agents, and representatives, shall not under any circumstances be held liable for any direct and/or indirect losses incurred by the Customer in the context of the use of one of the sites listed in Appendix 1 and/or their contents, as well as the Internet (including faults and viruses as well as, more generally, any damage to the user’s equipment, loss of data, service interruption, etc.).
2.7.2. The Customer undertakes not to use the Site in a manner likely to carry civil or criminal penalties. The Customer most notably undertakes not to use the Site to divulge any information that is illegal, likely to cause a breach of the peace, or defamatory.
2.7.3. Chacon shall solely decide when to include and/or delete any content and/or functionality presented on the Site.
Chacon reserves the right, at any time and for any reason whatsoever, to modify or temporarily or permanently interrupt any or part of the access to the Site, without any obligation of prior notice to the Customer. This applies, for example, in the event of Site maintenance. Chacon shall not be held liable for any direct or indirect damage related to a modification, suspension, or interruption of Site access, for any reason whatsoever.
2.7.4. The domain name of the sites listed in Appendix 1, their form, and their content are protected by intellectual property laws. This also applies to the brands and logos displayed on these sites. Their mention does not in any manner grant a licence or any user rights to the said brands and logos without prior authorisation from Chacon or its rightholder if any.
Unless expressly authorised to do so by Chacon, the Customer is not authorised to modify, reproduce, hire, lend, sell, distribute or create derived works, including photographs, based in whole or in part on the elements present on these sites.
2.7.5. Chacon sites contain links to sites not belonging to Chacon. Chacon shall not be held liable for the content of those sites or consequences arising from their use.
2.7.6. For accessibility and functionality of the Site, for all the stages of the ordering, delivery, or subsequent service processes, Chacon has only an obligation of means, which the Customer expressly accepts.
Article 2.8. TERMINATION OF THE AGREEMENT
Termination of the present sale detrimentally and adversely to the Customer, for any reason whatsoever, gives rise to the following consequences as of right and without formal notice:
– The immediate return at Customer expense of Products delivered but not yet consumed,
– Customer obligation to compensate Chacon for all prejudice suffered because of or on the occasion of this termination.
Article 2.9 – TRANSFER OF THE AGREEMENT
Chacon reserves the right to transfer at any time the benefit and the costs of the present agreement to any natural person or legal entity at its convenience and without the Customer’s agreement.
Article 2.10 – COMPLIANCE WITH THE LEGISLATION IN FORCE
The Customer undertakes to use the Products and Services in accordance with the applicable national and European laws, and in particular:
- Not to broadcast video sequences that may violate the national or international laws, regulations, user charters or professional ethics in force. Any content aimed most notably at provoking crimes or offences, inciting to racial hatred or suicide, condoning crimes against humanity, or containing elements of child pornography, is strictly prohibited;
- Not to infringe the rights of third parties by disseminating ideas, images or sounds that may constitute libel, an insult, denigration, or a violation of privacy, image reproduction rights, decency, or public order.
Chacon informs the Customer that the installation of cameras in the public domain or the viewing of an area open to the public is subject to prior authorisation in accordance with the Belgian laws in force.
Chacon may not under any circumstances be held liable for any use of the Services by the Customer that in non-compliant with the legislation in force or is illicit. Chacon has the right and not the obligation to monitor the use of the Products and Services by the Customer. If Chacon is informed of an inappropriate use of the Products and Services, the Customer may be notified of this, and the use of the Services may be suspended, if necessary without notice.
Chacon undertakes not to divulge or view the video sequences saved, except to comply with legal proceedings, but shall have the right to delete any content that does not comply with the rules for use.
Article 2.11 – INSTALLATION OF UPDATES
Chacon informs the Customer that technical upgrades or updates likely to improve and refine the Products and Services may be necessary. The Customer shall be notified by email and/or by logging into its personal page, an shall be invited to download them or contact Chacon customer service. Only upgrades or updates given prior certification by Chacon must be accepted. Chacon shall not under any circumstances be held liable for any malfunction, incompatibility of Products or interruption to Services if the Customer does not accept the modifications on offer, or if the Customer accepts modifications that were not certified by Chacon. If Chacon deems necessary, it may also apply remote updates without the need to request Customer permission beforehand.
Article 2.12 – NAMED INFORMATION AND PROTECTION OF PERSONAL DATA
The information sent by the Customer to Chacon’s Sales Department is required to process the order. Chacon undertakes not to divulge this information, which remains confidential, to any third parties.
The Customer authorises Chacon to send it any correspondence and advertising documents, including on behalf of other companies. The Customer may however expressly and in writing oppose the use of the saved data for commercial prospecting purposes.
The Customer undertakes to respond to requests for information allowing the subsequent checking of its identity in the event of a call to the Chacon maintenance departments.
Article 2.13. – USER LICENCE AND INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on the Chacon site have all rights reserved in terms of copyright and intellectual property rights worldwide. With that in mind and in accordance with the provisions of the Intellectual Property Code, the only authorised use is for private use subject to various different or more restrictive provisions of that Code. Any other use constitutes counterfeit and is punishable under Intellectual Property law unless prior authorisation is obtained from Chacon. Any total or partial reproduction of the Chacon catalogue is strictly prohibited.
Certain products, such as software in particular, is subject to personal and specific user rights regulating copies, public distribution, hire, etc. The Customer must observe the General Conditions of Sale for these products and Chacon shall not be held liable for how the products might be used in this context.
For the configuration and smooth operation of the Service, the Customer may be invited to download software from the websites listed in the appendix. Chacon grants a user licence for this free software, which is non exclusive and non transferable, for private non-commercial use. This licence expires on termination or ceasing of the Service. Copying or decompilation, disassembly, reverse engineering, or any other technique that is comparable in its methods or its effects by the Customer is expressly prohibited.
Chacon maintains exclusive ownership of the software and reserves the title of author in accordance with the provisions of the Intellectual Property Code and international treaties, subject to the same rights that could belong to third parties.
Article 2.14 – RIGHT TO WITHDRAW
2.14.1 For Products and Services, subject to Article 2.14.2. below, the Consumer Customer has the right to notify Chacon that it is cancelling the purchase, without penalties and without giving a reason, within 14 calendar days (hereinafter known as “the Deadline”) running from:
- in the case of Product sale agreements, the day when the consumer or third party other than the carrier and appointed by the consumer takes physical possession of the item, or:
- in the case of delivery of multiple items ordered by the consumer in one order and delivered separately, the day when the consumer or a third party other than the carrier and appointed by the consumer takes physical possession of the last item,
- in the case of delivery of an item consisting of multiple batches or parts, the day when the consumer or third party other than the carrier and appointed by the consumer takes physical possession of the last batch or last part,
- in the case of a Service agreement, the day the agreement ends.
The Consumer Customer who exercises this right must notify Chacon via the withdrawal form given in the appendix (or on the website) or by sending an unambiguous declaration explaining the decision to withdraw from the agreement, within the Deadline and to the address of Chacon’s head office as mentioned in Article 1 above.
Moreover, the Consumer Customer must, within the Deadline, bring back or send back at its own cost and its own risk, the Product in its original packaging with all of its accessories if any, all intact and no later than 14 days after notification of the right to withdraw, and the copy of the invoice or delivery note, to Chacon head office as mentioned in Article 1 above.
Within 14 days following the day when Chacon was informed of the decision to retract, in accordance with the above paragraphs, and provided that the Product, its accessories and the original package have been returned intact within the Deadline, Chacon will reimburse the amounts paid by the Consumer Customer, including delivery charges. However, Chacon will not reimburse additional delivery costs due to the Consumer’s express decision to use a delivery mode other than the cheapest standard delivery offered by the company.
In the event that the Product, its accessories and the original packaging are not returned intact, Chacon reserves the right to claim compensation equivalent to 20% of the Product purchase price, with a minimum amount of 5 euros.
2.14.2. Notwithstanding Article 2.14.2 above, when Chacon supplies Products corresponding to the following characteristics, the Consumer Customer does not have the right to withdraw from the purchase:
- Products manufactured according to the Consumer Customer’s specifications, or distinctly personalised specifications.
- Products which, by their nature, cannot be re-shipped or are likely to be damaged or expire quickly.
- Sealed products related to the supply of audio or video recordings or sealed computer software that has been unsealed after delivery,
- Products related to the supply of digital content not supplied on a physical medium if execution began with the express prior agreement of the Consumer, who has also recognised that the right to withdraw will thus be forfeited.
In the context of a service agreement, the Consumer may not avail himself of the right to withdraw if the service has been fully executed or if execution began with the express prior agreement of the consumer, who has also recognised that the right to withdraw will be forfeited when the contracts have been fully executed by the company.
2.14.3. If the Consumer Customer cancels the order after the 14-day withdrawal period mentioned in Article 2.14.1 or when its has no right to withdraw under Article 2.14.2, Chacon reserves the right to demand payment of the full price by the customer, by way of compensation.
2.14.4. By accepting the reimbursement, the Customer expressly renounces the right to take any subsequent legal action or demand compensation from Chacon for any reason whatsoever.
2.14.5. The technical and sales information concerning the Products, supplied by Chacon on its website, and all the documents distributed by the company are not contractual in nature and are subject to modification without notice.
Article 2.15. – SINCERITY OF THE INFORMATION PROVIDED
The information provided at the time of the order for Products and Services, and the information given on the Customer’s personal page, is essential for the proper processing of the order and the execution of Services. The Customer therefore undertakes to provide sincere and correct information and to keep it up to date, and Chacon shall not be held liable for the provision of incorrect information.
Article 2.16 – AFTER-SALES SERVICE
In case of need, an after-sales service is available to the Customer via telephone and email:
- In Belgium: From Tuesday to Thursday from 2 pm to 5 pm and Monday and Friday from 2 pm to 4 pm. The number is 0900 51 100 (national call rate €0.45 per minute).
- In France: From Monday to Friday, on 01 57 32 48 12 (national call rate)
- In Spain: From Monday to Friday, on 00911 899 443 (national call rate)
- In Portugal: From Monday to Friday, on 0221 430 250 (national call rate)
By email: Via a contact form (available on the website).
Article 2.17 – FORCE MAJEURE
Unforeseeable cases or cases of force majeure give Chacon the right to suspend the execution of all or part of its obligations and/or to terminate the agreement, partially or totally, without compensation of any kind whatsoever.
For the purposes of application of the present article, the following are considered to be, or to be comparable to, cases of force majeure on Chacon’s part, in particular: war, mobilisation, siege, riot, public unrest, embargo, quotas, partial or total industrial action due to social, political or other causes, whether internal or external to Chacon and its subcontractors and service providers, whether legal or wildcat, lockouts, breakdown of computer systems and the Internet, epidemic, quarantine, severe weather whether or not considered to be a national disaster, blockage of transportation or supply facilities for whatever reason, fire, explosion, flood, flood, breakage of machines seriously affecting, in Belgium or abroad, the manufacture, supply, or transportation of the goods or materials necessary for their manufacture, blockage of telecommunications and any other case beyond the express control of the parties, preventing the normal execution of this agreement.
Chacon shall not be held liable for the non-execution of the agreement due to a case of force majeure.
Article 2.18 – NULLITY
The provisions that would violate a legal or regulatory public order or imperative provision are deemed to be unwritten, without this nullity affecting the validity of the contract as a whole, unless the provision concerned is decisive of the contract itself.
Each of the parties shall strive to negotiate immediately and with good will a valid provision with an equivalent economic effect or, at least, as close as possible to the effect of the cancelled provision.
Article 2.19 – DOMICILIATION
With regard to the present agreement, its signing, its execution, and all of its results, each of the parties declares their domicile: for Chacon, this is the address of its head office, and for the Customer, this is its home address or its head office in the case of a legal entity, as stated in the invoicing address during the ordering process, where all communication, notification, announcement of judicial or extrajudicial action can validly be carried out.
Article 2.20 – DISPUTES
Any dispute concerning the interpretation, signing, or execution of this agreement is in the jurisdiction of the Nivelles regional courts.
Belgian law shall be solely applicable.
Article 3 – SPECIAL CONDITIONS CONCERNING PRODUCTS
Article 3.1 – ORDERING THE PRODUCTS
The Customer may order the products directly from Chacon, most notably via its websites or from the Customer Service department.
The main characteristics of the Products and Services are shown in the catalogue on the websites listed in Appendix 1. The products are sold according to availability. Any photographs of the Products are as faithful as possible but cannot guarantee a perfect resemblance to the product on offer, particularly with regard to colours.
To take effect and be binding on Chacon, any order placed online must be subject to a confirmation email, summarising the order, sent by Chacon. Chacon shall not be held liable for errors in the data, such as the email address, provided by the Customer.
For any comment, information request, or claim concerning the order, the Customer may contact Chacon by sending an email to email@example.com.
Chacon reserves the right to cancel or refuse any order from a Customer, most notably one with whom there is a dispute concerning a previous payment default, or in case of absence of an email address.
Article 3.2 – AVAILABILITY AND DELIVERY
3.2.1. Unless otherwise specified by Chacon, delivery of orders made via the sites listed in Appendix 1 is performed by a carrier, and the Products are generally dispatched within 10 days following receipt of payment for the total amount of the order. This is an average lead time which corresponds to the order processing and delivery time. A longer lead time may not under any circumstances be used by the Customer as a reason to cancel the order. Delivery times are never compulsory. They are always understood to be provisional, most notably subject to the supply situation. At the end of the agreed delivery time, the Customer may not use the late delivery as a reason unless Chacon fails to deliver within 30 business days of receipt of a formal notification in a registered letter with return receipt sent by the Customer.
If stock runs out, Chacon reserves the right to ship the order in several consignments, without the Customer having the right to use this fact to cancel the order or to claim any compensation, except the right of withdrawal set forth in Article 2.14 of this document.
If Chacon should be incapable of honouring an order, for any reason whatsoever, the Customer is immediately informed and reimbursed for the total amount of the accepted purchase order by bank transfer or via the bank card that was used to pay for the order.
3.2.2. Delivery is made to the address stated by the Customer at the time of ordering. Delivery is arranged by Chacon according to the delivery method of its choice.
The Products are delivered at Customer expense and risk from the moment the Products leave Chacon headquarters as specified in Article 1 above if the Customer is not a CONSUMER CUSTOMER, and according to Article VI 44 of the Code of Economic Law for a CONSUMER CUSTOMER. Chacon may not under any circumstances or for any reason whatsoever be held liable for theft, loss, or damage that may occur because of or at the time of transportation or delivery, for which the Customer solely accepts the consequences.
In the absence of the Customer at the time of delivery, the Products are made available to the Customer at the carrier’s head office, and remain available to the Customer, unless otherwise specified, for one week from the date of delivery. At the end of that time, the Products will be deemed to be abandoned by the Customer, who undertakes to pay the total price by way of compensation.
In the event that a damaged package is received, the Customer is responsible for lodging the usual reservations with the carrier and immediately informing Chacon Customer Service.
The return of products may only be accepted for products in their original condition (packaging, accessories, instruction manual, etc.) with a copy of the purchase invoice.
Article 3.3 – GUARANTEE
3.3.1 Guarantee of products sold to the consumer customer
The Consumer Customer benefits from the legal guarantee of two (2) years from the invoice date. The content of the guarantee is as follows:
a) The guarantee is a hardware guarantee which exclusively covers non-compliances of the Products that exist at the time of delivery and which appear within two years from delivery;
b) The Customer must carefully examine the Products at the time of delivery and at its own expense, and must immediately report any faults to Chacon,
c) The following types of damage, whether direct or indirect, are excluded from the guarantee:
– caused after delivery by the Product and to the Product,
– resulting from inappropriate use (notably use that is not compliant with manufacturer recommendations), transportation, storage or maintenance of the Product, use of materials supplied by the Customer or any action by the Customer that is not compliant with its obligation to act responsibly,
– whose cause is external to the product, such as an act of sabotage, vandalism, terrorism, or a natural disaster (such as flood or earthquake) or any other case of force majeure;
– arising from a failure to perform necessary replacements of components and/or accessories of the Product,
– arising from a commercial or professional use of the Product,
– arising from a modification or repair carried out on the Product by the Customer itself or by a third party,
– when the Product is not directly connected to a power outlet installed in accordance with accepted professional practice and connected to an electrical line wired in accordance with accepted professional practice, with earthing protection (especially if placed in a chain connected in series with other power strips, UPS, other surge protectors or lightning arresters, or if connected to one or more extensions and/or dominoes).
The Customer guarantees Chacon against any legal action or claim which a third party might bring against Chacon due to direct and/or indirect losses it has suffered in one or more of the above-mentioned cases and giving rise to a disclaimer of guarantee.
d) In case of a non-compliance, the Customer must:
– Immediately stop using the Product until the non-compliance concerned has been subject to a report made in the presence of both parties as soon as possible;
– Alert Chacon no later than two months from the date when the Customer noticed the fault, by registered letter with return receipt, giving the following information:
. The Product references,
. A copy of the Product purchase invoice,
. A description of the fault.
– Give Chacon every possibility to observe the non-compliance concerned and, where appropriate, to rectify it.
e) In the event of a non-compliance recognised by Chacon or established at its expense, the Customer has the right to have the Product repaired or replaced, at no charge in either case, unless that is impossible or disproportionate.
If the Customer has the right to a Product repair or replacement, one or more of these two repair modes will take place within a reasonable time. Chacon alone determines what repairs and/or replacements are necessary. At the request of Chacon, or subject to its prior authorisation – these never constituting any recognition of liability – the Customer returns the non-compliant Product to Chacon in its original packaging. The term of the guarantee of the repaired or replaced Product expires at the end of the guarantee term applicable to the purchased Product plus any periods required to repair or replace the Product.
If the Customer has no right to the repair or replacement of the Product, it may request:
– either a reduction of the Product price considering the use of the Product that the Customer has had since its delivery;
– or the cancellation of the sale, except when the non-compliance is minor.
f) The guarantee is valid on the territory of the country of delivery and is not transferable. It most notably does not apply in the event of a change of owner.
g) In all cases, the guarantee is strictly limited in accordance with the present Article 3.3.1, to the exclusion of all other compensation which the Customer, by agreeing to these conditions, expressly waives.
Article 3.3.2. GUARANTEE FOR PRODUCTS SOLD TO THE CUSTOMER OTHER THAN CONSUMERS
The products are guaranteed by Chacon against hidden defects for a maximum duration of six (6) months from their date of delivery.
Articles 220.127.116.11.. b), c) and d) are applicable to the guarantee of products sold to persons other than consumers, except for the deadline stipulated in Article 18.104.22.168. d) second point, which, on the part of the customer other than consumer, is two business days on pain of forfeiture of the guarantee.
In case of liability recognised by Chacon or established as its responsibility, on account of a visible or hidden defect, this liability is strictly limited to replacing the Product concerned.
ARTICLE 3.4 – INSTALLATION OF EQUIPMENT
On receipt of the Products, whether purchased directly from Chacon or from a dealer, the Customer shall take personal responsibility for installing and configuring the Products in accordance with the instructions provided in the packaging and on the websites. The Customer is solely responsible for installation, whether it performs this itself or calls upon a Chacon-approved installer, and for the configuration and use of the Products.
Article 4 – SPECIAL CONDITIONS CONCERNING SERVICES
Article 4.1 – DESCRIPTION OF SERVER ACCESS, REMOTE MONITORING, AND AUTOMATIC SURVEILLANCE SERVICES
4.1.1 – Secure Server Access
Chacon provides the Customer with a User Access to the server, allowing the remote monitoring of the system (hereinafter the “Server”) according to the following conditions of use:
- access to the Server is available around the clock, every day of the year. The Server may however be accidentally down for maintenance. Chacon undertakes to ensure that interruptions to access are resolved promptly by the Hosting Service;
the server is hosted in a secure centre, independent of Chacon, which is compliant with the standards for surveillance, protection and security required to ensure internal and external security and confidentiality of the database contents;
- Access to the Server may be obtained via the Internet or from a mobile phone with Internet access, by connecting to the websites listed in Appendix 1;
- Access to the Server is reserved for persons to whom the Customer has given the login details or using a Unique Random Code (URC) allowing temporary access to the Server.
Access to the Server is subject to acceptance of these General Conditions of Sale and Use by the Customer and by any user to whom the login details have been given.
At the time of Product installation, the Customer is invited to register on one of the sites listed in Appendix 1 and the login details are emailed to the Customer, at the email address given by the Customer or installer. The password is encrypted. The Customer is responsible for keeping it secret. We recommend changing the password regularly. The Customer is solely responsible for choosing the persons to whom it discloses the Server login details and deciding on how these shall be used, particularly in the case of viewing the images sent by any cameras that are installed. In case of a loss of login details or risk of disclosure to unauthorised third parties, the customer must immediately change the password.
4.1.2 – Services
The Services allow holders of login details to the User Access on the Server to use a reserved area most notably allowing them to:
- Remotely actuate a limited number of home automation accessories or groups of accessories,
- Remotely actuate a limited number of personalised action scenarios,
- Configure the system,
- Carry out a remote diagnosis of system status,
- View the images captured in real time by a limited number of DiO cameras that may be installed.
These limited services are free of charge. Chacon may add other services and charge a fee for their use.
The use of the images recorded by the Customer or by the persons to whom the login details were disclosed is the sole responsibility of the Customer, whether this concerns real-time watching or the viewing of recorded images. Chacon shall not under any circumstances be held liable for how these images are used.
Chacon shall not be held liable for an interrupted connection to the server due to a fault by the telecommunications operator. Likewise, the refresh rate and camera image quality can vary according to the level of Internet traffic, and Chacon shall not be held liable for variations from the nominal refresh rate.
Article 4.2 – CUSTOMER OBLIGATIONS
To allow proper execution of the Services, the Customer undertakes to:
- Refrain from using the Products and Services to monitor dangerous equipment, and more generally to evaluate the appropriateness of the Products and Services for their anticipated use,
- Refrain from using the Services in a manner that may damage, disable, encumber, or slow down the Chacon Servers, or hinder the other users of the Services,
- Ensure the compatibility and ongoing proper operation of its personal equipment with the Products and the Service, and particularly the necessary technical prerequisites mentioned in Article 2.1,
- Ensure the compatibility and ongoing proper operation of its equipment and that of its trusted persons to allow messages to be received and video sequences to be played,
- Use the Products and Services in accordance with the recommendations provided in the User Access to the Server,
- Input in the User Access to the Server all the necessary parameters for the use of the Services,
- Keep up to date on payments for subscriptions for access to the Internet, telephone, and electrical networks,
- Take all necessary measures so that the connections to the Internet, telephone, and electrical networks, as well as any other necessary connection, are in a normal operating condition at all times.
- Leave the ADSL router powered at all times,
- Authorise Chacon, in the context of a maintenance or remote assistance service, to access the hardware and perform the necessary settings, modifications, or corrections,
- Take all appropriate action to protect its own data and/or software from contamination by viruses that are spread via electronic communication networks, particularly on the Internet.
- Comply with all current and future legal and regulatory obligations governing the use of the video surveillance and communication networks, privacy, the use of the Products and the Service,
- Guarantee Chacon and the Service Provider protection from any recourse by third parties.
Appendix 1: Websites for the purchase, installation and/or remote control of DiO products