II. Orders on the Website and payment
- Placing an order 2.1. Orders are made on our Website. 2.2. Devialet only accepts orders for delivery in countries where Devialet sells on its Website. The list of eligible countries may be subject to changes by Devialet. Orders for countries not included in this list cannot currently be fulfilled by Devialet. 2.3. The Customer must check that the details of its order and the prices mentioned are correct at the time of validating the shopping cart. Once the order has been placed, it cannot be modified, and the Customer will be responsible for its order. A placed order will be followed by an electronic confirmation of the order by Devialet to the email address provided during the order (the "Order Confirmation"). The Order Confirmation confirms receipt of the order by Devialet but not its acceptance. Devialet reserves the right to accept or refuse an order, after it has been placed, at any time and for any reason, including the reasons mentioned below. 2.4. Devialet reserves the right to change the price of the Products at any time and to correct any pricing errors. When the price displayed on the Website for a Product is incorrect, Devialet reserves the right to refuse or cancel orders for that Product, even if the Customer has received an Order Confirmation and/or if payment has been made for the order. If the Customer has paid for an order at an incorrect price and the order is canceled, Devialet will refund the amount paid. 2.5. If the Customer provides incorrect information during the order, delays in processing are to be expected. Devialet will not be responsible for any delay caused by the Customer. Devialet also reserves the right to cancel or refuse any invalid or incomplete order (e.g., invalid or missing email and/or billing or postal address, lack of essential information), in case of the Customer's insolvency or if there have already been payment issues or conflicts with the Customer. In this case, a notification email of order cancellation or refusal will be sent to the Customer. - Availability of Products and fraud control. 2.6. The Customer acknowledges that the Products are offered for sale on the Website subject to availability. 2.7. In the event of unavailability of a Product, Devialet undertakes to make its best efforts to inform the Customer before the Order Confirmation is sent. 2.8. To prevent fraud, Devialet reserves the right to (i) request additional information from a Customer and/or (ii) reduce an abnormally high quantity of ordered Products. - Online payment 2.9. Various secure payment methods are available for the purchase of Products available on the Website, depending on the geographic area where the Product is ordered from, such as payment by debit or credit card, bank transfer, PayPal, Klarna, Affirm or by Devialet E-gift card. The list of the different payment methods may be modified at any time by Devialet. The Customer will only be charged once the order is received by Devialet, and the Customer has received the Order Confirmation by email. Devialet will not fulfill any Product orders until it has validated and received full payment. 2.10. The prices of the Products displayed on the Website are indicated in the national currency of the Customer's country of residence, including all taxes. Any online order must be paid in the currency of the country where the Customer has its residence (except for the United Arab Emirates, Bahrain, Oman, and Qatar, where payment is made in US dollars, and Liechtenstein, Poland, Serbia, Bulgaria, the Czech Republic, Hungary, and Romania, where payment is made in euros) and using the authorized and proposed payment methods on the Website.
III. Delivery and receipt of Products ordered on the Website
3.1. Delivery costs are covered by Devialet, unless the Customer opts for a non-standard delivery method offered during the ordering process, in which case additional fees will be charged to the Customer. The amount of these fees will be communicated to the Customer prior to the validation of the order.
3.2. The delivery dates indicated in the Order Confirmation are indicative and may vary if an event independent of Devialet occurs, such as a delay caused by the carrier responsible for delivery or due to the Customer's location. If the estimated delivery dates cannot be met, Devialet will contact the Customer to propose alternative delivery dates. Moreover, if the delivery does not take place within thirty (30) days from the date of the Order Confirmation, the Customer is entitled to cancel its order and will be refunded the amount of the canceled order as well as any fees related to a chosen non-standard delivery method.
3.3. Delivery will be deemed to have been made when the Product is delivered by the carrier, under its sole responsibility, to the address indicated by the Customer. In case of a problem with the delivery, Devialet will contact the carrier to conduct an investigation that can take up to thirty (30) days. After this period, Devialet will make a decision based on the results of the investigation and at its sole discretion.
3.4. If no one is available at the Customer's address to receive the delivery, the carrier will leave a delivery notice containing instructions for rescheduling the delivery within a specific period or for the Customer to pick up the order at a nearby collection point.
3.5. If the Customer cannot pick up the order at the collection point or does not accept rescheduling of the delivery, Devialet reserves the right to cancel the order, refund the Customer, and put the Product back on sale.
3.6. Without prejudice to the legal warranty of the Products resulting from local applicable law, the Customer must verify the conformity of the ordered and delivered Product upon receipt of the order. 3.7. If the Product and/or its packaging is damaged at the time of delivery or if the Product is non-compliant with the Order Confirmation, it is solely the responsibility of the Customer to refuse delivery and to inform Devialet immediately. Any Product that is damaged during transport or is non-compliant with the Order Confirmation, and whose delivery has been refused by the Customer, will be replaced or refunded by Devialet without additional charge, according to the conditions set out in these GENERAL TERMS & CONDITIONS.
3.8. The Client must verify the compliance of the Product within a maximum of five (5) days from the date of receipt and submit any claim to Devialet via the Help center tab under the Support section on our Website, or by sending a letter to: DEVIALET S.A - Customer Service - 35 rue la Boétie, 75008 Paris, France.
3.9. If the Client does not refuse delivery of a damaged or non-compliant Product, or a Product with damaged packaging, within the five (5) day period, a replacement or refund of the Product may only be made at the entire discretion of Devialet and may result in additional costs for the Customer.
IV. Title and transfer of risks
4.1. Unless otherwise agreed in writing, ownership and title of the Products sold is transferred to the Customer after Devialet has received full payment, including any delivery charges and taxes. In the event of non-payment of the order by the Customer, Devialet reserves the right to take back the Products, at the expense of the Customer, or to suspend the delivery.
- Transfer of risks
4.2. The transfer of risks relating to the Products to the Customer occurs upon receipt of the Products by the Customer at the address indicated in the Order Confirmation.
V. Right of withdrawal
- Right of withdrawal period 5.1. The Customer has a right to withdraw from a purchase within a period of fourteen (14) calendar days from the day after receiving the Product purchased on the Website. In the case of an order for several Products delivered separately, the period runs from the receipt of the last Product by the Customer. If the withdrawal period of fourteen (14) days expires on a Saturday, Sunday or public holiday, it is extended until the first following business day. - Conditions of the right of withdrawal 5.2. To exercise the right of withdrawal, the Customer must contact Devialet, at the latest within fourteen (14) days following the receipt of his/her order, via the Help center tab under the Support section of our Website by completing the contact form, or by sending a registered letter expressing his/her wish to withdraw to the following address: DEVIALET S.A - Customer Service - 35 rue la Boétie, 75008 Paris, France. The withdrawal will be deemed effective from the date the Customer completes the contact form or sends the letter to Devialet. The burden of proof of the usage of the right of withdrawal lies with the Customer. 5.3. For the Customer to exercise his/her right of withdrawal as provided for in Article 5.1., the Product, its packaging and accessories must be returned following Devialet's Customer Service instructions and in their original packaging. The original packaging includes the original box, the cover box and the protective bag that were delivered with the Product. Devialet covers, under certain conditions, the return of the Product. The Customer may request a return kit from Customer Service to send back its Product. If the Product’s serial number or original packaging is missing, or if the Product is damaged, Devialet reserves the right to refuse the refund or to reduce its amount. 5.4. If the Customer exercises the right of withdrawal for a Product ordered and delivered outside the country where it has its residence, it will be exclusively responsible for all return costs, customs duties, and various taxes, as well as costs related to any damage or loss of the Product. Any return made at the Customer's initiative must be carried out after prior acceptance and instructions from the Customer Service and through an approved carrier that provides the Customer with a tracking number for the package. If the Product is lost or damaged during transport, the Customer must resolve the issue directly with the chosen carrier. In addition, the Customer is responsible for the Product until it is properly received at the Devialet return center. 5.5. In the event that the Customer does not wish to use the carrier chosen by Devialet and wishes to organize the return of the Product themselves, the following fees are also exclusively at its expense: shipping costs, return charges, including possibly customs duties, shipping insurance, and costs related to any damage or loss of the Product. Any return made at the Customer’s initiative must be carried out after prior acceptance and instructions from the Customer Service and through an approved carrier that provides the Customer with a tracking number for the package. If the Product is lost or damaged during transport, the Customer must resolve the issue directly with the approved carrier it has chosen. In addition, the Customer is responsible for the Product until it is properly received at the Devialet return center. 5.6. If Devialet, in good faith and at its sole discretion, deems that the Customer may be involved in fraudulent activities related to the purchase or order of a Product, then Devialet reserves the right to ask the Customer to bear all the return costs of the Product. The return must be made according to the instructions of the Customer Service and through an approved carrier that provides the Customer with a tracking number for the package. If the Product is lost or damaged during transport, the Customer must resolve the issue directly with the chosen carrier. In addition, the Customer is responsible for the Product until it is properly received at the Devialet return center. 5.7. A return is complete when Devialet receives the Product with the original box, the cover box and the protective bag. If Devialet receives anything other than the Product or if the returned order is empty, the return is considered incomplete and Devialet will not refund the Customer. It is understood that the Customer is at all times responsible for the return of the Product, and that Devialet and/or its service providers are never responsible for a return that does not include the Product. 5.8. The Product must in all cases be returned to the Devialet return center within fourteen (14) days following the date of the Customer’s request to withdraw and according to the instructions given by Devialet's Customer Service. 5.9. Subject to compliance with the conditions set out in this section, Devialet will refund the purchase price of the Product to the Customer. The refund will be made by Devialet as soon as possible and at the latest within fourteen (14) days of receipt of the Product by Devialet or the proof of shipping of the Product by the Customer to Devialet, with the date of the first of these events being the one retained. The refund will be made using the payment method used by the Customer when placing the order, as indicated in the Order Confirmation, unless Devialet and the Customer agree otherwise. 5.10. Devialet also offers the Customer the opportunity to discover all Devialet Products purchased in one of the Devialet stores during a free trial period at home and, if not satisfied, the right to return the Product to the Devialet return center. To consult the conditions for returning Product purchased in one of Devialet’s stores, please refer to the following link: https://www.devialet.com/legal/14-days-return-policy/
VI. Force Majeure
Devialet's liability is expressly excluded, and a failure to fulfill its obligations or a violation of these GENERAL TERMS & CONDITIONS may not be invoked against Devialet in case of losses, damages, or delays suffered by the Customer resulting from causes beyond Devialet's control, including but not limited to force majeure events, wars, invasions, insurrections, riots, civil or military wars, floods, fires, natural disasters, explosions, government actions, threats and terrorist acts, national emergencies, revolutions, epidemics, lockouts, strikes, and other labor disputes (whether related to Devialet's workers or not), constraints or delays affecting the carrier, inability or delay in obtaining adequate and suitable materials, telecommunication failures or power outages.
- The Devialet warranty
7.1. Not withstanding any legal warranty attached to any Product based on applicable laws, Devialet warrants the Products for a period of twenty-four (24) months, against any manufacturing and material defects, subject to normal use of the Product (the "Devialet Warranty"). The Devialet Warranty offered to the Customer applies only to Products purchased on the Website, in Devialet’s stores, and from its authorized dealers.
7.2. The Devialet Warranty starts from the date of receipt of the Product or the date of purchase of the Product made in one of Devialet’s stores or from an authorized dealer, regardless of whether the Product has been exchanged or replaced during the Devialet Warranty period.
7.3. The Devialet Warranty does not cover any damage resulting from normal wear and tear of the Product, an accident, improper handling, inappropriate or negligent use, lack of maintenance and care, or abuse by anyone other than Devialet.
7.4. In the event that a Customer wishes to make a claim under the Devialet Warranty, the Customer must contact Devialet via the Help center tab under the Support section on our Website or by sending a registered letter to: DEVIALET S.A - Customer Service - 35 rue la Boétie, 75008 Paris, France. The Product as well as its packaging and accessories must be returned following the instructions of Devialet's Customer Service and in their original packaging. The original packaging includes the original box, the cover box and the protective bag that were delivered with the Product. Devialet covers, under certain conditions, the return of the Product. The Customer can request a return kit from Customer Service to send back its Product. If the Product’s serial number or the original packaging is missing, or if the Product is damaged, then Devialet reserves the right to refuse repair or replacement.
7.5. If the Customer purchases or orders a Product and has it delivered outside of the country where the Customer resides, or if the Customer does not wish to use the carrier chosen by Devialet, or if Devialet, in good faith and at its sole discretion, deems that the Customer may be involved in fraudulent activities related to the purchase or order of a Product, then Devialet reserves the right to request that the Customer bear all costs of returning the Product. Any return made at the initiative of the Customer must be carried out after prior acceptance and instructions from the Customer Service and through an approved carrier that provides the Customer with a tracking number for the package. If the Product is lost or damaged during transport, the Customer must resolve the issue directly with the chosen carrier. In addition, the Customer is responsible for the Product until it is properly received at the Devialet return center.
7.6. Devialet, at its sole discretion, will either repair the Product or replace it with a replacement product of the same model (or, with the Customer's consent, a Product that has the same or essentially similar characteristics as the initial Product). Parts and spare parts that are taken out from the Product become Devialet’s property and parts and spare parts added back to the Product becomes the Customer’s property after the repair of a Product. Devialet may, at its own discretion, use recycled spare parts for the repair of a Product.
7.7. Devialet currently does not provide or sell spare parts for its amplifiers, speakers, soundbars, and accessories. Spare parts can be purchased, upon request and availability, for Gemini II, for any inquiries about the availability and pricing, please contact our Customer Service. As part of its policy on environmental impact, Devialet reserves the right to use, without any impact on product quality, recycled components from identical models that have been inspected and certified for the manufacture of Phantom I, Phantom II, and the Expert Pro range. Devialet also has a unique CITEO identifier: FR216910_01VRVF.
7.9. Devialet Care cannot be purchased or applied to a Product whose delivery or purchase date is more than thirty (30) days ago. The Devialet Care coverage starts from the date of delivery or purchase of the Product.
- Legal warranty
7.10. Devialet is liable for manufacturing defects of the Product under the conditions provided for under applicable law (the "Legal Warranty").
7.11. If a Customer discovers that a Product purchased online on the Website or in a Devialet store has a manufacturing defect or hidden defect, the Customer must contact Devialet via the Help center tab under the Support section on our Website or by sending a letter addressed to: DEVIALET S.A - Customer Service - 35 rue la Boétie, 75008 Paris, France.
7.12. The Customer Service will verify that the conditions provided for by applicable laws on the Legal Warranty are met. If it is found that the conditions provided for by applicable laws on the Legal Warranty are met, the Customer will be entitled to obtain from Devialet the repair or replacement of the non-conform Product free of charge, unless the requested choice is objectively impossible or constitutes a cost that is manifestly disproportionate to other options, taking into account the value of the product, the nature of the defect, and the possibility of implementing alternative solutions without major inconvenience to the Customer. In such an event where Devialet accepts a repair, then such parts and spare parts that are taken out from the Product become Devialet’s property and parts and spare parts added back to the Product becomes the Customer’s property after the repair of a Product. Devialet may, at its own discretion, use recycled spare parts for the repair of a Product.
7.13. The Product, as well as its packaging and accessories, must be returned following the instructions of Devialet's Customer Service and in their original packaging. The original packaging includes the original box, the cover box and the protective bag that were delivered with the Product. Devialet will cover the cost of returning the Product. The Customer can request a return kit from Customer Service to send back its Product.
VIII. Limitation of Devialet’s liability
8.1. Devialet shall not be held liable for any loss or damage suffered by the Customer or third parties as a result of misuse of the Products. In any event, Devialet’s liability is limited to (i) the refund of the price of the Products, (ii) their repair, or (iii) their replacement, as decided by Devialet, provided that the Products are returned to the Devialet return center in accordance with the provisions of these GENERAL TERMS & CONDITIONS. Devialet is not liable for any indirect damages suffered by the Customer. 8.2. The Customer’s rights are not limited by these GENERAL TERMS & CONDITIONS. None of these provisions shall limit or exclude Devialet's liability (i) in case of death or personal injury caused by Devialet's negligence, (ii) for fraud, (iii) for any breach of its obligations resulting from any mandatory legal provision, or (iv) for any liability that cannot be excluded by law. 8.3. Devialet is not liable for damages beyond its control, such as services provided by third parties for the execution of an order (such as the carrier or online payment provider). 8.4. Devialet is not responsible for products sold by unauthorized resellers or products that are considered counterfeit. For a complete list of Devialet's authorized dealers, please see this link: https://www.devialet.com/store-locator/
10.1. As part of the fight against fraud on the Internet and to ensure the security of transactions made by our customers: Information related to orders is subject to automated data processing for which Forter is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to combat payment fraud, particularly credit card fraud. 10.2. Forter and Devialet are the recipients of the data related to the Customer's order. The non-transmission of data related to the Customer's order prevents the realization and analysis of a transaction. To learn more about how Forter manages your data and your rights, click on the following link: https://www.forter.com/services-privacy-policy/ 10.3. Devialet may ask the Customer for additional information and documents in the context of executing, managing the order or disputes with the Customer. In case of failure to send the information and/or documents within the deadline notified in advance by Devialet during the request, Devialet could be forced to cancel the order and block the Customer's Devialet account.
XI. Applicable Law, Meditation, Jurisdiction
11.1. These GENERAL TERMS & CONDITIONS shall be governed by and construed in accordance with French law. 11.2. In the event of a dispute between a Customer and Devialet regarding the interpretation, performance, or termination of these GENERAL TERMS & CONDITIONS, Devialet strongly encourages the Customer to contact Devialet first to attempt to resolve the disagreement amicably. Devialet hereby notifies customers that there are alternative dispute settlement options such as the one stated in Article 11.3. 11.3. The Customer can also contact the online dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ . 11.4. In the event where Devialet and the Customer are not able to reach an amicable settlement of their dispute, Devialet and the Customer agrees to submit all and any dispute arising from the conclusion, construction, performance or termination of these GENERAL TERMS & CONDITIONS to the exclusive jurisdiction of the competent Courts of Paris, France, without limiting a Customer’s rights under applicable law.