Between the company Eolia Tech SAS, 58 rue Lucie, 94600 Choisy-le-Roi, with a share capital of €42,100, registered with the Créteil Trade and Companies Register, under SIRET number 88026767900020, represented by Mr. Pierre-Emmanuel Lépicier as Chairman, duly authorized for the purposes hereof.
The company can be contacted by email by clicking on the contact form accessible via the website's homepage.
Hereinafter the "Seller" or the "Company".
On the one hand,
And the natural or legal person purchasing products or services from the company,
Hereinafter, the "Buyer" or "Customer"
On the other hand,
The following has been stated and agreed:

PREAMBLE

The Seller is the publisher of SmartWaypoints Products and Services for consumers, marketed through its websites (https://www.smartwaypoints.com). The list and description of the goods and services offered by the Company can be viewed on the aforementioned websites.

Article 1: Purpose

These General Terms and Conditions of Sale govern the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

Article 2: General Provisions

These General Terms and Conditions of Sale (GTC) govern the sales of Products or Services made through the Company's websites and are an integral part of the Contract between the Buyer and the Seller. They are fully binding on the Buyer, who accepted them before placing an order.

The Seller reserves the right to modify these General Terms and Conditions at any time by publishing a new version on its website. The applicable GTC are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order.

The Company also ensures that their acceptance is clear and unconditional by providing a checkbox and a validation click. The Customer declares that they have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.

The Customer acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs.

The Customer declares that they are able to enter into a legal contract under French law or validly represent the natural or legal person for whom they are engaging.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3: Prices

The prices of services and products sold through the websites are indicated in euros excluding tax and are precisely determined on the Product description pages. They are also indicated in euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. The telecommunications costs necessary to access the Company's websites are the responsibility of the Customer. Where applicable, also the delivery costs.

Article 4: Conclusion of the Online Contract

In accordance with the provisions of Article 1127-1 of the French Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to place their order: – Information on the essential characteristics of the Product; – Choice of the Product, and its options, if applicable; – Provision of the Customer's essential contact information (identification, email, address, etc.); – Acceptance of these General Terms and Conditions of Sale; – Verification of the order details (double-click formality) and, if necessary, correction of errors. Before confirming the order, the Buyer has the opportunity to check the details of their order, its price, and to correct any errors, or cancel their order. Confirmation of the order will constitute the formation of this contract. – Then, follow the payment instructions, payment for the products, and delivery of the order. The Customer will receive confirmation of payment by email, as well as an acknowledgment of receipt of the order confirming it. The customer will receive a PDF copy of these General Terms and Conditions of Sale.

During the ordering process, the customer will have the opportunity to identify any errors made in data entry and correct them. The language proposed for the conclusion of the contract is French.

The terms of the offer and the General Terms and Conditions of Sale are sent to the buyer by email upon ordering and are archived on the Seller's website. Where applicable, the professional and commercial rules to which the offeror intends to abide are available in the "Additional Rules" section of these General Terms and Conditions of Sale, which can be viewed on the Seller's website at the following address: https://smartwaypoints.com

The archiving of communications, the order, order details, and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the French Civil Code. This information may be produced as proof of the contract.

For delivered products, delivery will be made to the address indicated by the Customer. To ensure the proper execution of the order, the Customer agrees to provide truthful identification details. The Seller reserves the right to refuse the order, for example, for any abnormal request, made in bad faith, or for any legitimate reason.

Article 5: Products and Services

The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, the product's usage instructions. In accordance with Article L112-1 of the French Consumer Code, the consumer is informed, by means of marking, labeling, display, or any other appropriate process, of the prices and specific conditions of sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The product's sale price is the one in effect on the day the order is placed, excluding any additional shipping costs. These possible costs are indicated to the Buyer during the sales process, and in any event at the time the order is confirmed. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information regarding the delivery dates of the products or services is provided on the product presentation page. The Customer confirms having received a breakdown of the delivery costs as well as the terms of payment, delivery, and execution of the contract, as well as detailed information regarding the Seller's identity, postal, telephone, and email contact details, and its activities in the context of this sale. The Seller undertakes to fulfill the Customer's order only within the limits of available Product stocks. Failing this, the Seller will inform the Customer; if the order has been placed, and in the absence of an agreement with the Customer on a new delivery date, the Seller will reimburse the customer.

For digital services, provision is immediate via the user account; no physical shipment applies.

The contractual information is presented in detail and in French. The parties agree that illustrations or photos of the products offered for sale have no contractual value. The validity period of the Product offer and their prices are specified on the Company's websites, as well as the minimum duration of the proposed contracts when they relate to the continuous or periodic supply of products or services. Unless otherwise stated, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address provided).

Article 6: Compliance

In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these General Terms and Conditions comply with the applicable regulations relating to the safety and health of individuals, fair commercial transactions, and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.

In accordance with Article L.217-4, the Seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The Seller is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when this was the responsibility of the Seller under the contract or was carried out under its responsibility.

In accordance with the legal provisions regarding conformity and hidden defects (Art. 1641 of the French Civil Code), the Seller will refund or exchange defective products or products that do not correspond to the order. A refund may be requested as follows: by sending an email with a description of the reason for the refund request.

Article 7: Retention of Title Clause

The products remain the property of the Company until full payment of the price.

Article 8: Delivery Terms

Digital products and services are made available to the Customer immediately after payment, via their user account or by download link. The Customer acknowledges that the execution begins upon access to the service.

Article 9: Availability and Presentation

If an item is unavailable for a period exceeding 5 business days, you will be immediately notified of the expected delivery time, and the order for this item may be canceled upon request. The Customer may then request a credit note for the amount of the item or a full refund and cancellation of the order.

Article 10: Payment

Payment is made through a secure connection provided by our payment service provider (e.g. Stripe), which uses SSL/TLS encryption and complies with PCI-DSS international standards to protect payment data.
Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their banking information during the sale, the Customer authorizes the Seller to debit their card for the amount corresponding to the indicated price. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error or inability to debit the card, the Sale is automatically terminated immediately and the order is canceled.

Article 11: Withdrawal Period

The right of withdrawal may be exercised within 14 days by emailing contact@smartwaypoints.com or by sending the withdrawal form below to: Eolia Tech SAS – 58 rue Lucie, 94600 Choisy-le-Roi, France. In accordance with Art. L.221-28 of the French Consumer Code, no withdrawal for digital content/services supplied on an intangible medium when execution has begun with the consumer’s prior express consent and express waiver of the right of withdrawal. By validating the order, the Customer agrees that access to SmartWaypoints begins immediately and waives the right of withdrawal.

Standard withdrawal form
(Please complete and return only if you wish to withdraw)
— To: Eolia Tech SAS, 58 rue Lucie, 94600 Choisy-le-Roi, France – contact@smartwaypoints.com
— I/We hereby notify withdrawal from the contract for the following order: (…)
— Ordered on / received on: (…)
— Name of consumer(s): (…)
— Address of consumer(s): (…)
— Date: (…) – Signature (paper only)

Article 12: Guarantees

The Customer benefits from the legal guarantee of conformity and the guarantee against hidden defects. For goods, the presumption of prior existence of the lack of conformity is 24 months from delivery (12 months for second-hand goods). How to claim: send an email to contact@smartwaypoints.com with: order number, description of the issue, screenshots/logs where applicable. We will acknowledge receipt and propose a remedy (repair, replacement, update, or refund/partial refund as applicable by law).
This is without prejudice to the hidden-defects warranty (Civil Code art. 1641 et seq.).

Article 13: Complaints and Mediation

If a complaint to customer service remains unresolved after two months, the consumer may refer the matter to:
Médiation Solution – 222 chemin de la Bergerie, 01800 Saint-Jean-de-Niost – www.sasmediationsolution-conso.fr.
Access to the mediator is free for the consumer.
Online dispute resolution platform (ODR): https://ec.europa.eu/consumers/odr/

Article 14: Termination of the Contract

The order may be terminated by the buyer by registered letter with acknowledgment of receipt in the following cases: — delivery of a product that does not conform to the specifications of the order; — delivery exceeding the deadline.

Article 15: Intellectual Property Rights

The trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions. Any total or partial reproduction, modification, or use of these assets for any reason whatsoever is strictly prohibited.

Article 16: Force Majeure

The performance of the seller's obligations hereunder is suspended in the event of the occurrence of an unforeseeable event or force majeure that prevents its performance. The seller will notify the customer of the occurrence of such an event as soon as possible.

Article 17: Nullity and Amendment of the Contract

If any of the provisions of this contract were to be voided, this nullity would not entail the nullity of the other provisions, which will remain in force between the parties. Any contractual amendment is only valid following a written and signed agreement by the parties.

Article 18: Protection of Personal Data

In accordance with Regulation 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, the Seller implements a personal data processing process for the purpose of the sale and delivery of products and services defined in this contract. The Buyer is informed of the following: the identity and contact details of the data controller and, where applicable, the representative of the data controller: the Seller, as indicated at the top of these General Terms and Conditions; - the contact details of the data protection officer: Data Protection Officer: not designated – you can contact the data controller directly at contact@smartwaypoints.com . - the legal basis for the processing: contractual performance - the recipients or categories of recipients of the personal data, if they exist: the data controller, its marketing departments, the IT security departments, the department responsible for sales, delivery and ordering, the subcontractors involved in delivery and sales operations and any authority legally authorized to access the personal data in question - no transfer outside the EU is planned - the data retention period: the time of the commercial prescription - the data subject has the right to request from the data controller access to personal data, rectification or erasure of such data, or a limitation of the processing relating to the data subject, or the right to object to the processing and the right to data portability - The data subject has the right to lodge a complaint with a supervisory authority - the information requested when ordering is necessary for the preparation of the invoice and delivery of the ordered goods, otherwise the order cannot be placed. No automated decision-making or profiling is implemented through the ordering process.
Supervisory authority: CNIL (www.cnil.fr). Rights requests: contact@smartwaypoints.com. Hosting and processors: data are hosted within the EU/EEA; main processors include hosting providers (infrastructure) and payment provider (payments). For marketing communications, processing is based on consent; the Customer may withdraw consent at any time.

Article 19: Applicable Law and Clauses

Where the Customer is a consumer residing in another EU Member State, the mandatory consumer protection rules of that Member State remain applicable.
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to French law.

In the event of a dispute, and failing an amicable agreement, jurisdiction is expressly attributed to the competent French courts, in accordance with ordinary law.

The invalidity of a contractual clause does not invalidate these general terms and conditions of sale.

Article 20: Consumer Information

For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:

Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of them.

Article 1648 of the French Civil Code: An action resulting from latent defects must be brought by the purchaser within two years of discovering the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.

Article L. 217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's responsibility.

Article L. 217-5 of the French Consumer Code: The good conforms to the contract: 1° If it is suitable for the use normally expected of a similar good and, where applicable:

• If it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
• If it possesses the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling; 2° Or if it possesses the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L. 217-12 of the French Consumer Code: Actions resulting from a lack of conformity are time-barred after two years from delivery of the good.

Article L. 217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.

Article 21: Digital content and services conformity

The Company provides a digital service as defined by the French Consumer Code. The Company delivers a service conforming to the contract and maintains such conformity throughout the provision, in accordance with Articles L.224-25-12 to L.224-25-26. In case of lack of conformity, the consumer is entitled to bring the service into conformity or, failing that, to a price reduction or termination, under legal conditions.

Article 21 bis – Updates & compatibility (après Art. 21)

The Company provides functional and security updates necessary to maintain conformity of the digital service, for the duration of the contract, as required by Articles L.224-25-25 and L.224-25-26 of the French Consumer Code. The Customer must install such updates promptly; failure to do so may affect conformity for which the Company cannot be held liable. Prior to contract, the Company informs the Customer of any technical requirements and interoperability constraints materially affecting the service.

Article 22: Governing language

These Terms are provided in English for convenience. In case of discrepancy, the French version prevails.