If it’s a multi cooker, then it’s REDMOND!

GENERAL TERMS AND CONDITIONS FOR REMOTE SALES

PREAMBLE

The present general terms and conditions shall be applicable to all orders placed by a private or professional client, located worldwide for hardware (including accessories and consumables) and/or services of which the characteristics, references and prices appear on the SIA REDMOND LV online store, accessible at [http://multicooker.com], (hereinafter referred to as the "Website").

The present terms and conditions shall govern all orders placed on the Website, as well as by other remote communication methods (telephone, fax, email, etc.).

Placement of an order shall lead to full and unreserved acceptance by the client of the present general terms and conditions of sale.

Any special conditions indicated in client documentation (including in the order) may not take precedence over the present terms and conditions of sale without the prior written consent of SIA REDMOND LV.

All clauses or conditions appearing in client documentation (including in the order) and which run contrary to the present general terms and conditions of sale shall be expressly excluded.

SIA REDMOND LV is not bound by any declaration or indication not included on its Website, nor by any stipulation not expressly accepted by it in writing.

The present general terms and conditions of sale may not have the object or consequence of depriving consumers fr om the aforementioned European Union countries and Switzerland fr om fundamental legal provisions in force in their own country. In such instance as any of the present terms and conditions should run contrary to any fundamental legal provision fr om which a consumer may benefit under national legislation, said provision shall not be enforceable on these consumers and all other valid provisions shall continue to remain in force.

1. Orders

Orders can be placed with SIA REDMOND LV directly on the Website or by email.

It is hereby indicated that prior to placing any order, the client has been notified to read, on the Website, the fundamental characteristics of the goods or services and all steps to follow so as to conclude the contract of sale in line with the remote communication method sel ected.

Orders placed on the Website:

To place an order on the Website, the client should follow the various order stages appearing on the Website.

Attention of the client is notably drawn to the method for accepting orders placed on the Website. A "double click" and the tick box method for acceptance of the content of the general terms and conditions of sale shall be valid methods for confirming an order. These shall constitute unreserved acceptance of an order by the client.

Order information shall be confirmed by email, on a sustainable medium, in due course and prior to delivery along with communication of the general terms and conditions of sale on the Website. A digital invoice shall additionally be sent by email to the client on a sustainable medium.

Orders placed by email:

Orders placed by email must indicate the following:

  • the exact references of the hardware and/or service ordered, and the unit price, as appearing on the Website at the date on which the order is placed,
  • the quantity,
  • the total order amount,
  • the delivery address (the address must be within one of those countries appearing in the preamble),

Notwithstanding those instances where clients are legal entities, which are already clients of SIA REDMOND LV having opted, at the time of placing an order, for payment upon receipt of invoice, payment of the full order price should reach SIA REDMOND LV by the very latest within ten (10) days following receipt of the order by SIA REDMOND LV

Failing this, the order shall be refused by SIA REDMOND LV and the corresponding contract shall not be concluded.

Upon receipt of the order and payment, order information, including the general terms and conditions of sale, shall be confirmed by email, on a sustainable medium, or by letter if requested by the client, in due course, and prior to delivery.

In all instances for order placement methods: Notwithstanding any proof to the contrary, all data recorded by SIA REDMOND LV shall constitute proof of all transactions placed between itself and its clients.

Information sent by the client at the time of placing an order (notably name and delivery address) shall be binding on the client. Consequently, the liability of SIA REDMOND LV may under no circumstances whatsoever be sought in such instance as any error made at the time of placing an order should prevent or delay delivery.

SIA REDMOND LV hereby reserves the right to refuse any order placed by a client with which there exists or has existed any dispute as to the payment of any previous order.

2. Delivery

The delivery deadline indicated on the Website at the time of the order shall begin to run immediately following payment of the full order price, if payment is made at the time of order.

If ten (10) days following expiry of this delivery period the hardware has still not been delivered (excluding any case of force majeure), the client shall be entitled to cancel the order without any cost by notifying its decision, within 60 working days following the delivery deadline indicated in the order, to SIA REDMOND LV at the following address:

The client shall then be reimbursed by transfer for the total amount already paid for acquisition of the hardware (including shipping costs) within thirty (30) days following receipt of the recorded delivery letter with acknowledgement of receipt by the client.

In the event of an order being placed for several products, SIA REDMOND LV hereby reserves the right to deliver separately.

SIA REDMOND LV shall be released of its obligations for delivery within the deadline indicated in the following instances (and the client shall not be entitled to claim any penalty or compensation fr om SIA REDMOND LV):

a) Default in payment or incomplete payment accompanying the purchase order,

b) Omission or inaccuracy concerning the information to be provided by the client at the time of order,

c) Technical difficulties not attributable to SIA REDMOND LV.

Force majeure and exceptional circumstances.

In such instance as SIA REDMOND LV is unable to supply the product ordered, SIA REDMOND LV shall inform the client and offer the choice of reimbursement within thirty (30) days of all amounts already paid for the order, or delivery of an equivalent product.

Delivery shall be made by the supply of the equipment to the delivery address indicated by the client. Delivery shall lead to a transfer of risks to the client.

It shall be incumbent upon the client upon receipt of the equipment to inspect the condition of the packaging and content thereof at the time of delivery and, where necessary, to indicate on the delivery note issued to the shipping agent or on the bill of lading any duly motivated reservations pertaining to apparent damages and/or defaults.

In all instances, reservations should be confirmed with SIA REDMOND LV by the latest within eight (8) days following the delivery date by recorded delivery letter with acknowledgement of receipt. Failing this, claims and complaints shall not be accepted.

3. Installation – Use

It shall be incumbent upon the client to install the hardware pursuant to the accompanying notice. Under no circumstances whatsoever may SIA REDMOND LV install the hardware.

The client hereby undertakes to use the hardware pursuant to the user manual and not to duplicate or disclose to third parties any knowledge, expertise or documentation acquired from SIA REDMOND LV or any software programmes built in to the hardware. It hereby undertakes moreover to respect and to ensure respect by users of all software licence agreements for software programmes built in to the hardware.

4. Price - Payment terms

Pursuant to regulations in force, and notably fiscal regulations pertaining to remote sales for private clients and intracommunity shipments for commercial clients, prices displayed on the Website for private clients shall be understood as inclusive of VAT and the prices displayed on the Website for professional clients shall be understood as exclusive of VAT.

The prices indicated on the Website are subject to change at any time and without notice by SIA REDMOND LV.

The client should pay the full order price, without any reduction of any sort; the total order price should correspond to the price of the hardware and/or service ordered in addition to packaging and shipping costs, as these prices and costs are indicated on the Website at the date of order.

Payments should be made to SIA REDMOND LV as indicated on the Website, and must be made by bank card, with it being indicated that cards issued by banks must be international, with the exclusion of all other payment methods,

- Either at the time of order,

- Or upon receipt of the invoice, in such instance as the client is a legal entity and is already a client of SIA REDMOND LV and if it has opted, at the time of placing its order, for payment upon receipt of the invoice, with it being indicated that SIA REDMOND LV hereby reserves the right in line with the risks incurred (previous payment issues or unfavourable financial record, for instance) to request payment in full prior to performance of the order received.

All of the potential costs and taxes due for use of the hardware (notably subscription costs and usage) shall be payable solely and exclusively by the client.

Any delay in the payment of an invoice on the agreed due date shall lead, without prejudice for order cancellation, to application of late payment interest amounts equal to three (3) times the legal interest rate in force in mainland France, on the day immediately following the payment date appearing on the invoice and until actual payment; penalties shall be payable upon receipt of the debit instruction sent by SIA REDMOND LV. This clause shall be generally applicable in all instances of late payments of invoices issued by SIA REDMOND LV pursuant to the present general terms and conditions.

All amounts paid in advance do not constitute down payments; SIA REDMOND LV does not offer any discount.

5. Reservation of ownership

SIA REDMOND LV HEREBY EXPRESSLY RESERVES OWNERSHIP OF HARDWARE DELIVERED UNTIL FULL PAYMENT OF THE PRICE.

All intellectual and industrial property rights pertaining to the hardware are and shall remain, in all instances, the full property of SIA REDMOND LV (or of the third party author, wh ere applicable).

6. Termination of the contract

In such instance as the client should default in any of its contractual obligations, the order shall be terminated by rights and without any legal proceedings or formalities if deemed fit by SIA REDMOND LV fifteen (15) days following notice having been served by recorded delivery letter with acknowledgement of receipt remaining without remedy. The client should then immediately return, at its cost and risks, to SIA REDMOND LV all hardware sold to any placed in France as indicated by SIA REDMOND LV. In such instance as the hardware is damaged, the client should pay for repair costs or compensation valued at the price of new hardware on the date of sale if repair appears impossible or too costly or if return of the hardware is not possible. The present clause shall not hinder SIA REDMOND LV from seeking additional compensation for all prejudice suffered.

7. Retraction - Reimbursement – Exchange

Insofar as the client is a consumer, the latter shall be entitled, within a period of fifteen (15) days following the date of delivery of the hardware, to exchange or be reimbursed for any hardware which is not suitable under the condition that this is returned to SIA REDMOND LV as new in its original packaging, with the invoice, and under the condition that this is not an item of bespoke hardware made to consumer specifications or customised.

Concerning software programmes, the consumer is unable to exercise any right of exchange or reimbursement within the aforementioned period of 15 days if said software has been opened. The return costs and risks of shipment shall be borne by the client, with all returns with postage due being refused. The entitlement to exchange or claim reimbursement shall additionally concern services concluded by consumers, albeit under the express conditions that these services have not been performed with the consent of the consumer within the aforementioned period of 15 days.

In order to exercise his/her right of retraction, the client may use the template retraction form which is sent by email or letter along with the order confirmation, also available to download from the Website. To exercise his/her right of retraction, the client shall fully complete and sign the retraction form and send it by registered letter with acknowledgement of receipt, within the aforementioned period of 15 days, to SIA REDMOND LV at the following address:

Returns should be made to SIA REDMOND LV at the address indicated on the delivery note.

Any hardware returned which is incomplete, damaged, without packaging and/or without the invoice shall neither be accepted nor reimbursed or exchanged by SIA REDMOND LV.

Insofar as a consumer exercises its right of retraction, the latter shall receive reimbursement of all amounts already paid for purchase of the hardware concerned (notwithstanding return costs which shall be payable by the client) and by transfer within a period of fourteen (14) days following the date on which it has exercised its right of retraction with SIA REDMOND LV in line with those terms and conditions set forth hereinabove.

8. Technical specifications

The technical characteristics of hardware indicated on the Website may be amended in line with technical developments, even following receipt or confirmation of the order, without however the fundamental characteristics of the hardware, nor those to which the client has expressly conditioned its commitment, being affected, and without there being any increase in the price for the client nor any alteration to the quality.

9. Warranty

Contractuel Warranty

The hardware (accessories excluded) shall be under warranty (parts and labour) provided by SIA REDMOND LV covering any manufacturing defect for a period of one year following the date of delivery. During this period any defective hardware shall be exchanged or repaired at no cost, with the choice being that of SIA REDMOND LV, (with the exclusion of repairing any other prejudice), and the client must return, at its own cost, the defective hardware to the address notified by the after-sales service of SIA REDMOND LV of which the telephone number is indicated on the delivery note. Repair may under no circumstances whatsoever be undertaken on client premises.

Legal Warranty

Independently from the information indicated hereinabove, hardware sold shall benefit on the one hand from any course of action available by virtue of the warranty for compliance of the asset with the contract and, on the other hand, the warranty covering latent defects pursuant to the provisions set forth under articles 1641 et seq of the Civil Code. Consequently, any person duly empowered by law may claim enforcement of the following provisions:

Art. L.211-4 of the Consumer Code: the seller shall be bound to deliver a product which complies with the contract and to respond to any defaults in compliance existing at the time of delivery. It shall additionally respond to any defaults in compliance resulting from packaging, assembly instructions or installation wh ere this has been requested within the contract or performed under its own liability.

Art. L.211-5 of the Consumer Code: so as to comply with the contract, the product should: 1. Be fit for the use typically expected thereof from a similar product and, wh ere applicable, correspond to the description issued by the seller and have all of those qualities as presented to the buyer in the form of samples or as a template; present the qualities which a buyer should legitimately expect in light of the public declarations made by the seller, producer or its representative, notably in publicity or labelling. 2. Or present the characteristics defined mutually between the Parties or be fit for any special use sought by the buyer, and informed to the seller and accepted thereby.

Art.L.211-12 of the Consumer Code: any action resulting from a default in compliance shall have a statute of limitations of two years following delivery of the product.

Art.L.1641 of the Civil Code: the seller shall be bound by the warranty for all hidden defects on the sold product which make it unfit for the intended use, or which reduce this use significantly, and which would have led the buyer to refrain from purchasing or from paying less if it had been aware thereof.

Art.1648 al1 of the Civil Code: any action resulting from latent defects should be initiated by the buyer within two years following discovery of said defect.

The warranty shall be applicable in line with normal conditions of use. Wh ere applicable, the client should, at its own cost, and prior to any intervention, save all personal data stored on the hardware.

Hardware repaired or exchanged during the aforementioned warranty period shall be covered (parts and labour) by SIA REDMOND LV until the latest of the two following dates: expiry of the warranty period indicated above or three (3) moths following the intervention of SIA REDMOND LV.

Services rendered by SIA REDMOND LV shall be covered by a warranty (parts and labour) for a period of three (3) months following the date of performance of said services.

In the framework of the legal warranty for compliance, costs for return of hardware due to any default in compliance accepted and observed by SIA REDMOND LV shall be reimbursed to the client by the latter, as soon as possible, upon presentation of receipts for all costs incurred.

Extended Warranty

For certain types of hardware, SIA REDMOND LV may offer the client, in return for payment of a price supplement at the time of order, the opportunity to conclude, for a fixed period of one or two years following delivery of the hardware, an extended service contact (CSE). In the framework thereof, SIA REDMOND LV shall exchange defective hardware on the premises of the client within twenty four working hours following a call by the client registered with SIA REDMOND LV, when logged prior to four o'clock in the afternoon by calling the telephone number appearing on the delivery note. Calls will be answered between 9am and 6pm Monday to Thursday, and 9am to 5.30pm on Fridays (excluding public holidays). Call outs shall take place from Monday to Friday (excluding public holidays) from 8.30am to 12.30pm and 1.30pm to 5pm (and 4.30pm on Fridays).

The warranty and extended service contracts shall exclude the following:

· any breakdowns or defects due to default in respect of installation instructions or instructions for use, to any cause not related to the hardware (lighting, fire, blow, water damage of all kinds, inappropriate power output, vandalism, malicious acts, etc.), modifications made to the hardware without the written consent of SIA REDMOND LV, any default in maintenance, as described in the documentation issued with the hardware, in supervision or care, improper storage conditions or environment in which the hardware is used (notably related to temperature and humidity for the hardware and consumables, the consequences of variations in electrical power, parasites coming from the electricity network of the earth), or any repair, intervention (opening or attempt to open the hardware) or maintenance performed by people not having been authorised by SIA REDMOND LV.

  • normal wear and tear of the hardware and of its accessories.
  • damage caused by any inadequate packaging and/or poor packaging of the hardware returned to SIA REDMOND LV.
  • the supply of new software versions.
  • any interventions on hardware or software having been modified or added without the written consent of SIA REDMOND LV.
  • any defect or default which is not attributable to the hardware or software used on user workstations to access services offered by the hardware.
  • Communication problems related to a poor environment, and notably:

- problems related to access and/or connection to the Internet such as interruption to the access networks, defect of the line of the subscriber or its correspondent,

- any default in transmission (poor geographical coverage by radio electrical emitters, interference, disturbance, defect or poor quality of phone lines, etc.),

- any default to the local network (cabling, file server, user workstations) and/or default in the transmission network

- any change in parameters of the cellular network after sale of the hardware

  • General adjustment works (as indicated in the user manual accompanying the hardware) as well as any defects following default in performance of these works with it being indicated that the cost of these works shall be borne by the client in all instances.
  • Any defects or damage caused following the use of products, consumables or accessories which does not comply with hardware.
  • Common exploitation works: delivery, implementation or exchange of consumables, etc.
  • Defects resulting from hardware provided or sel ected by the client or any design imposed thereby.

In those instances for the exclusion of the warranty indicated hereinabove and upon expiry of the warranty period, the client shall ask SIA REDMOND LV for an estimate which it should accept prior to the return of any hardware to the after-sales team at SIA REDMOND LV. Repair and shipping costs (outward and return) shall be invoiced to the client.

Enforcement of the warranty shall be subject to full payment of amounts payable for hardware and/or services, at the time of making the request for intervention.

10. Limitation of liability

Hardware offered for sale on the Website shall comply with legislation in force in the country in which they are delivered, as in force at the date of delivery; SIA REDMOND LV shall relinquish all liability if the client uses the hardware and/or service outside of this country and if said hardware and/or service does not respect the legislation in the country in which it is used. It shall be incumbent upon the client to ensure compliance, at its own cost, with all laws and regulations in force in the country of use or delivery of the hardware.

Subject to fundamental legal provisions, notably concerning Product Liability legislation, the total and accumulated liability of SIA REDMOND LV, whatever the cause, shall be limited to the total amount paid by the client to SIA REDMOND LV for the order concerned. This stipulation shall not be applicable to consumer clients.

Under no circumstances whatsoever, shall any entitlement to compensation by SIA REDMOND LV be applicable for any indirect and/or imhardware or moral prejudice, namely financial or commercial prejudice such as loss of profit, loss of orders, operating losses, loss of data, loss of earnings, any harm to reputation and image, suspension to service, and any prejudice of similar nature resulting from legal action for compensation directed against SIA REDMOND LV by the client due to any damages suffered by a third party.

Moreover, SIA REDMOND LV shall be released fr om any commitment to intervene within the indicated timeframe in the event of force majeure or exceptional circumstances (notably strikes, riots, etc.).

The liability of SIA REDMOND LV may not, moreover, be incurred in the event of any damage whatsoever being occasioned to the programmes or data of the client, with the latter being responsible for performing backups thereof at its own cost. Programmes and data shall under no circumstances whatsoever be re-installed by SIA REDMOND LV on hardware in the event of loss.

11. Spare parts

SIA REDMOND LV hereby undertakes, for a period of three years following the end of manufacture of the hardware, to provide spare parts to the client which are fundamental for the use thereof. The price applicable to the client shall be that in force at the date of order of said parts.

12. Applicable law – Dispute resolution

The legislation applicable to the present terms and conditions for orders shall be French law, with the exclusion of the Vienna Convention on International Sales of Goods Contracts.

The Parties hereby undertake to seek to amicably resolve any disputes between them arising fr om the present terms and conditions and orders.

Any claims or complaints pertaining to the present terms and conditions and orders shall be, failing any amicable agreement, referred to the Paris Courts, with the exception of disputes with consumers for whom rules concerning legal jurisdiction apply.

13. Order Monitoring / Exercising the right of retraction / Implementing the commercial warranty, Claims and complaints

Clients wishing to have more information concerning the performance of their order, cancellation within the deadline and conditions outlined above, make a claim or complaint or implement the commercial warranty granted by SIA REDMOND LV may directly the relevant department at the company by sending the request to global@multicooker.com.

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SIA REDMOND LV