Terms and Conditions of Sale for ICARE Technologies Products and Services

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Terms and Conditions of Sale

For ICARE Technologies Products and Services

1. Relationship between You and ICARE Technologies

These ICARE Technologies Terms and Conditions of Sale for ICARE Technologies Products and Services (hereinafter the "Terms and Conditions of Sale") apply to the following "General Terms and Conditions of Sale) form the contractual conditions between You (hereinafter referred to as the "Buyer") and ICARE Technologies. "Buyer, "You", "Consumer or « the User ») and ICARE Technologies SAS, whose registered office is Immeuble Castellani, 4 Avenue du Mont Thabor, 20090 AJACCIO, FRANCE / R.C.S Ajaccio 819 695 396 / N° TVA FR 12 819 695 396 (hereinafter "ICARE Technologies or or "we".).

You can contact our customer service by email at support@icaretech.fr

The General Terms and Conditions of Sale prevail as to their subject matter over any other document of the Terms and Conditions of Use. tion.

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Delivery of the Products and Services is only only in the countries listed on this page. The content of this page listing the countries that We deliver to may change at any time and ICARE Technologies cannot guarantee continuous service to the countries listed on this page. These Terms and Conditions are available in the following languages:

  • French

  • English

As a consumer, You acknowledge and warrant that:

  • You have obtained and read a copy of these Terms and Conditions; and,

  • That you will use the ICARE Technologies Products and Services provided by ICARE Technologies for

    personal and non-commercial use onlyand that you are not acting in the context of any commercial, industrial, artisanal or

    or professional activities; and,

  • You are in possession of these General Terms and Conditions of Sale on a durable medium, in particular by physically printing them

    physically; and,

  • Be of legal age or authorized under the laws of your country of residence to enter into these Terms and Conditions

    Terms and Conditions of Sale; and,

  • That the laws of your country of residence authorize You to purchase and have delivered to You a Product or Service

    from ICARE Technologies; and,

  • That You have no reservations about the provisions of the Terms and Conditions of Sale and,

  • That the fact of placing an order shall be interpreted as an unreserved acceptance of the Terms and Conditions

    General Terms and Conditions of Sale; and

  • To be fully aware that placing an order on the Site entails an obligation to pay; and

  • That placing an order or purchasing a productthat placing an order or purchasing one or more Products and Services from ICARE Technologies

constitutes confirmation that You have read, understood and agree to the present Terms and Conditions of Sale without reservation, dispute or Terms and Conditions of Sale without reservation, objection or rejection.

2. Definitions

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Sometimes We use certain words with a capital letter as the first letter. This capital letter indicates that the word has the following meaning:

  • Buyer (hereinafter " Buyer ») means a Consumer who has placed one or more orders for one or more Products Product(s) or Service(s) from ICARE Technologies whose purchase is possible through the Site and/or the Applications published by ICARE Technologies and who has all the necessary rights to enter into a Contract and place an order.

  • An Application (hereinafter referred to as an "Application Application An Application (hereinafter "Application") is a software application developed by or for ICARE Technolo- gies, consisting of a graphical interface (and other Application Components as defined below), accessible by(and other Application Components as defined below), accessible in particular from your Smartphone, and from which you interact with the various functions provided by the Application.

You may interact with the various functions provided by the Application, allowing you to record, store, access and use your data, including personal data. The ICARE Technologies Applications are in particular- the following:

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General Terms and Conditions of Sale

For ICARE Technologies' Products and Services

o Aeklys®;
o Aeklys Demo®;

o Aeklys® Xp ; o Finger Sizer;

  • Consumer (hereinafter "Consumer Consumer (hereinafter "Consumer") means any natural person who is acting for personal and non-commercial purposescommercial purposes that do not fall within the scope ofcommercial, industrial, artisanal or liberal activities.

  • Contract (hereafter " Contract "means any Contract that is established between the Consumer and ICARE Technologies on the basis of the order placed by the Consumer.

    the basis of the order placed by the Consumer, after compliance of the order by ICARE Technologies and the completion of all actions required in these General Terms and Conditions of Sale.

  • We, Us or Our: means ICARE Technologies.

  • Your identification through an ICARE Technologies account for ICARE Technologies' Products and Services (hereinafter the "Account"). Account account") is required prior to logging in, accessing and using use of an Application. You are reminded that you must declare your true identity when creating your Account.

  • Parties (hereinafter the " Parties ») lthe Buyer or the Consumer or the User, on the one hand and ICARE Technologies, on the on the other.

  • Product or Products and/or Services or ICARE Technologies Services (hereinafter " Product ") refers to all goods and services from ICARE Technologies that may be the subject of a the subject of an order on the Site or on the the Application.

  • User (" Users "): refers to a natural person who uses or interacts with the Products and/or Services of ICARE Technologies.

  • Site (hereinafter the " Site "): refers to the Internet site available at the following address icaretechnologies.com

  • You, Your or Yours: refers to the person who accepts the Terms and Conditions and who uses a Product.

  1. Subject

  2. Modifications to the General Sales Conditions

  3. Order process and formation of the Contract

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The present Terms and Conditions of Sale are applicable to all means and actions allowing (1) the presentation of an offer to the Consumer, notably through the Site and the applications published by ICARE Technologies, (2) the acceptance of this Offer through the conclusion of the Contract and (3) the execution of this Contract.

The Parties understand and acknowledge that ICARE Technologies has the right at any time to modify all or part of these of these General Terms and Conditions of Sale, to incorporate changes required by law, or any other applicable regulation, any change in our

ICARE Technologies acknowledges that it has the right at any time to modify all or part of the present Terms and Conditions of Sale, to incorporate modifications required by law or any other applicable regulation, any modification of our Products and Services, or any event considered sufficiently appropriate by ICARE Technologies to require such modifications. Any new version of the General Terms and Conditions of Sale will replace the previous General Terms and Conditions of Sale. However, all orders are subject to the version of the General Terms of Sale applicable at the time of the order. We recommend that You consult the General Terms and Conditions of Sale frequently and save each version on a durable medium.

Description of the Products - Prices - Elements of the Offer

Description of the Products

The Products presented on the Site are each the subject of a description that We establish. Only the present General Terms and Conditions General Terms and Conditions of Sale, the descriptions, characteristics, presentation of functionalities and prices implemented on the sup- Only the present General Terms of Sale, the descriptions, characteristics, functionalities and prices used on the sup- ports that We publish and that We present directly to You, constitute the descriptions of the Products approved by ICARE Technologies.

It is Your responsibility to verify the compatibility of the Product(s) and Service(s) as described in the elements listed above with Your own needs.

You are responsible for verifying the compatibility of the Product(s) and Service(s) as described in the elements listed above, with your own needs or those for which You intend to use the Products.

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General Terms and Conditions of Sale

For ICARE Technologies Products and Services

You acknowledge that the photographs and videos illustrating the Products do not constitute contractual documents and are presented for illustration purposes only and not for information purposes. They should not be considered as a determining factor in the

They should not be considered as a determining factor in the Buyer's consent to place an order.

Prices

The prices are always indicated excluding possible delivery and transport costs. The latter are mentioned before the order is validated. They will be clearly invoiced in addition to the price of the Product ordered unless otherwise indicated. contrary. This indication may take the form of a discount coupon, a gift card or a special offer.

Depending on where you are connected to the Site, the prices indicated on the Site may not include taxes. We draw your attention to the fact that the sale price never includes any customs fees. Also the legislation applicable to You may provide for certain direct or indirect taxes that We do not collect. Any tax not indicated during the ordering process remains in any case payable, with regard to the applicable legislation and at your exclusive charge.

The prices indicated on the Site may be offered to You in a currency that does not correspond to the currency used in your country. ICARE Technologies will not under any circumstances bear the costs of currency exchange. The Buyer must The Buyer must pay any additional fees related to the change of currency. You should inform Yourself of the exchange rates and fees applicable at the time

applicable at the time You place the order, particularly with regard to the means of payment that You wish to use and that We offer You.

The amount that You will have to pay includes the sale price of the Product, the related delivery costs and, if applicable, the taxes mentioned above.mentioned above. All these elements are indicated on the summary page of the order. The prices that We present to You can be modified at any time. Only the price that is presented to You on the summary page at the time You place the order is applicable.

Elements of the Offer

The above elements determine the offerabove determine the offer by which We are bound when You have accepted it. The online sales offers that We present to You are valid, within the limits of available stocks, as long as they are accessible on the Site and on the available on the Site and on the Applications published by ICARE Technologies or until the expiry of their period of validity if they are mentioned on the Site or the Applications.

Thus, ICARE Technologies can only be bound by offers that are directly presented to You by ICARE Technologies on the Site or through the Applications.

We inform You that prior to your identification as a Buyer (by entering your order information), You will be able to find out order), You may view the details of your basket by clicking on theby clicking on the "Basket" icon. You can then integrate the discount codes and gift cards you have by entering the code on the same page and confirming. The price indicated will then take these discounts into account.

Identification of the Identification of the Buyer - Determination of the delivery and billing address

To place an order you can do so without creating an ACCOUNT.account. It is imperative that the Buyer provides us with true and updated information.

It is imperative that the Buyer provides us with true and updated information, in particular his/her name, complete physical address, and telephone number. This information allows ICARE Technologies to properly process and deliver the order.

If You have designated another person to receive your order, always make sure to give them Your prior consent to receive Your order and for them to receive it.your order and for them to be to receive your order and for them to be authorised to communicate information about you to us, in particular your personal data. ICARE Technologies cannot be held responsible for information provided without provided without the recipient's consent. By providing erroneous information, the Buyer is giving up his/her right tothe Buyer waives his right to to allege a breach of the Contract by ICARE ICARE Technologies in the event that ICARE Technologies cannot fulfil its obligations due to the Buyer's failure to provide correct information about the recipient of the order. the order.

In order to facilitate communication by electronic means, We remind You that your identification can be self through the use of cookies. The identification will be automatic unless You delete the history of your Internet browser. It is therefore recommended that You erase the history of Your Internet browser when You leave it. when you exit your browser. ICARE Technologies cannot be held responsible for any communication of personal data that may be known to one or more of the parties.

be known to one or more third parties third parties as a result of the express or implied authorization that You have given to such third by leaving your Internet browser without deleting your history.

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General Terms and Conditions of Sale

For ICARE Technologies Products and Services

Order - – Pre-checking the order

When We have the information (1) the invoice for your order, (2) to identify You as the person who placed the order

(2) to identify You as the person who placed the order and (3) to enable Us to make the delivery, We will offer You different delivery methods. You will be offered different delivery methods. It will be up to You toYou will be able to choose one of them and You will be charged for it at the price indicated. The order will be invoiced in accordance with the price indicated. The delivery method will apply to all the Products in your basket The delivery method will apply to all the Products in your shopping cart, i.e. the Products ordered on our Site and/or on an Application. The price indicated beingvalid for all the Products. If You want the Products to be delivered in different ways, You must place multiple orders.

Unless otherwise specified, coupons and gift cards do not apply to theUnless otherwise specified, discount coupons and gift cards do not apply to delivery charges.

In order for You to know the price of your order, the delivery rate and the delivery method You have chosen will be added within the will be added to your shopping cart, with the total indicating the price You will the total price that You will actually pay for your order. your order. We remind You that this price does not include customs fees and may not include all taxes that You may have to pay. We remind You that this price does not include customs duties and may not include all the taxes that You may have to pay according to the legislation that applies to You.

By clicking on "continue" We will indicate to You the proposed means of payment. After having proceeded to the choice payment method, You will be invited to complete a form allowing You to identify the payment method You wish to use.

You wish to use.

Payment- – Security of payment methods - – Fight against fraud

We provide you with different means of payment allowing you to pay your order:

  • Credit card (Visa, MasterCard, Discover, American Express)

  • PayPal

Transactions are carried out through transaction collection platforms that allow us to collect payments. The payment transaction is edited and performed by third party companies - – When making a payment through our ServicesWhen making a payment through our Services, You may be required to have a personal account. Therefore, we do not have access to your bank details. Also, in order to fight against fraud, We have implemented procedures for verification of orders. These means may allow Us to block and, if necessary, cancel an order if fraud is detected. You will then be notified by email to the address You have provided. If this cancellation is not necessary, do not hesitate to contact our customer service.

Finalization of the order - – Conclusion of the Contract

In order to finalize your order, we provide you with a summary of the information relating to your order allowing you to check the details of your order. Thus, before clicking on the button allowing to finalize the order and to express your acceptance, You have the possibility to edit and modify the billing address, the shipping address, the desired shipping method and the Products andand the Products and Services in your basket.

To finalize the order you must click on "Confirm my order". You acknowledge that placing an order order implies an obligation to pay. The absence of payment prevents any formation of the order. You will then be You will then be immediately sent an order number to the e-mail address that You indicated during the

during the ordering process. Your confirmation of the order leads to the conclusion of a contract between ICARE Technologies and You, and implies :

  • Your firm acceptance of an offer presented by Your firm acceptance of an offer presented by ICARE Technologies, in particular through the Site or its Applications (in particular mobile) or any other organised sales system published by ICARE Technolo- gies, without the simultaneous physical presence of the Parties, by the exclusive use of one or more remote communication techniques; and

  • Acceptance of these General Terms and Conditions of Sale; and

  • Unless otherwise stated, the acceptance of the immediate payment of the price of the Products and Services.of the sale price of the Products and Services once the

    the Contract.

ICARE Technologies may enter into the Contract with You based on the information You have provided - – or ICARE Technologies may refuse to enter into the Contract with You based on data analysis performed to verify the compliance of your order with these General Terms and Conditions of Sale, in particular the place of delivery and anti-fraud measures. An e-mail acknowledging receipt of the order, its acceptance by ICARE Technologies, your acceptance, and payment of the order will be sent by ICARE Technologies

to the e-mail address address that You provided to Us during the ordering process ("Email of confirmation of the command").).

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General Terms and Conditions of Sale

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Archiving

Communications, purchase orders and invoices are archived on ICARE Techno-

logies in such a way as to enable both Parties to make a copy of the elements that enabled the conclusion of the agreement.

Provisions specific to subscription-based offers

Certain Products and Services may be offered to You through a subscription. This subscription commits You for a specific period of time (the " Initial Contractual Period »). This period is specified in the order that You place. If this subscription concerns an ICARE Technologies Service, You acknowledge that You expressly request that this ICARE Technologies Service be performed as soon as possible. Consequently, You will not be able to benefit from your right of withdrawal if the ICARE Technologies Service is fully executed. By subscribing to a subscription, You are placing a single order that obliges You to pay the amount attached to the duration of your subscription.

Unless You terminate Your subscription in accordance with the conditions set forth below, Your subscription will be automatically renewed for the same duration after the expiration of the initial contractual period. The renewal will be billed at the price applicable on the day of the renewal of the subscription.

You will be notified of the arrival of this automatic renewal by a dedicated email to the email address that You- have indicated. address that You have indicated to Us. This email will be sent to You at the earliest three (3) months and at the latest one (1) month one (1) month before the end of the initial contractual period.

After the expiration of the initial contractual period, You may terminate at any time and without notice the Contract for the supply of Products and Servicess with subscription. However, if the subscription concerns a Service However, if the subscription concerns an ICARE Technologies Service offered over a given period, We must consider that any month started must be paid for.

Delivery of Products Delivery time

In the absence of any indication or agreement to the contrary as to the delivery date, We undertake to deliver the Products that You have ordered, within thirty (30) calendar days after conclusion of the contract and payment of the order.

Terms of Delivery - – Prerequisites

The delivery (hereinafterhereinafter the "Delivery"in these Terms and Conditions of Sale) is achieved by the transfer of physical possession and/or and/or control of the Product. Delivery of the Products shall be deemed to have been made when:

  • The delivery of the Product(s) will beThe delivery of the Product(s) will be carried out at the address that You have indicated to Us; or

  • The delivery of the Product(s) will be made either to You or to the third party that You have designated (other than the carrier); or

    other than the carrier); or

  • The Product(s) is linked to an Aeklys Account®.

All risk of loss or damage to the Product(s) passes to You at the time You, or Your nominated third party, take physical possession of the Product(s).

You are required to comply with certain requirements attached to the delivery including those indicated in the Terms of Terms and Conditions of Use. Thus, You or the person You have designated to receive the delivery:

  • You must be present at the address indicated by You at the time of passage of the persons You must be present at the address indicated by You at the time of arrival of the persons in charge of the delivery if these times have been indicated by ICARE Technologies or the carrier proposed by ICARE Tech- nologies;

  • You must proceed immediately upon delivery to verify the Products delivered and notify ICARE Tech- nologies, nimmediately notify ICARE Tech- nologies of any anomaly on the delivered items, in particular by means of an email.

Any claim related to an error or an anomaly of the Delivery must be made as soon as possible.

Defect of Delivery

In case of return of an order due to an impossibility of delivery which is not attributable to Us or to the company that We have entrusted to make the delivery, We may, without prejudice to other rights that You have as a Consumer and Buyer, claim from You the costs necessary for the realization of a new of a new shipment. This could be the case, in particular, if You do not respect the requirements for delivery.

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6. Right of withdrawal of ICARE Technologies.

General Terms and Conditions of Sale

For ICARE Technologies' Products and Services

Delay in Delivery

You may terminate the Contract if We do not deliver to You within thirty (30) calendar days after receipt of the order confirmation email and payment for your order, unless

receipt of the order confirmation email and payment of your order, unless We have indicated in your order a your order a date greater than thirty (30) calendar days after receipt of thethe receipt of the order confirmation email and payment of your of the order and the payment of your order.

However, prior to such termination of the Contract, You must instruct Us to make delivery within a reasonable further period. The termination can only take place if We do not deliver to You within this period. Your termination of the Contract must be made by registered letter with acknowledgement of receipt or by a written document on another durable medium.

The contract is considered to be terminated when We receive this letter or writing informing Us of this termination, unless your order has been delivered to You in the meantime.

You may, however, terminate the contract immediately if We do not comply with the above-mentioned time limits and if compliance with the applicable time limit is an essential condition of the contract for You. This essential condition arises from the circumstances surrounding the conclusion of the Contract or from an express request made by You before the conclusion of the Contract.

If the Contract is terminated in the conditions indicated above, We will reimburse You for all sums paid, at the latest within fourteen (14) days following the date on which the Contract was terminated.

The provisions of this section shall not deprive You of any rights guaranteed to You by law.

Conditions

You have a period of fourteen (14) days from the date of receipt of the Product or Service to withdraw. This withdrawal period expires fourteen (14) days after the date on which You receive your Product or Service. The date of receipt of the Product is indicated on the delivery note.

You have the right to cancel your order, return a Product or cancel a You have the right to cancel your order, return a Product or cancel a Service for any reason, subject to the provisions of the law.

To return a product purchased from our Site or online or to cancel a service contract, please notify Us within 14 days of your desire to return or cancel.your wish to return or cancel within 14 days of the date on which you, or a person nominated by you, physically designated by You, took physical possession of the Product, or following the date of the conclusion of the Services contract.

Please note that the following Products cannot be returned unless they are defective or non-conforming:

  • For all digital content;

  • Lsubscription to one of the Services of the Productt activated or installed with Your prior and express consent, and

    and with Your consent to the loss of Your right of withdrawal;

  • As soon as You link Your Product to an Aeklys account® and You have given Your consent to the loss of Your right of withdrawal;

  • As soon as the Product undergoes a customization (hardware or software) in order to be adapted to You; In this case You expressly waive prior to the customization, the benefit of Your right of withdrawal;

  • When You cannot return the Product and its accessories to Us in their original original packaging;

  • For Services offered by ICARE Technologies such as hosting solutions;

  • For ICARE Technologies Services services that are subject to a subscription;

  • When the returned Product does not correspond to the Product subject to this commercial retraction. This

    When the returned Product does not correspond to the Product subject to the present cancellation. This element can be established by means of the MAC number of our Products;

  • When the returned Product has been used in conditions that do not comply with the instructions given by ICARE

    Technologies for the use of the of the Product. This may be the case in particular if the Product is returned broken or in a condition that does not allow us to resell the Product as is. Thus, any repair requiring the replacement of one or more change of one or more components of the Product excludes the right tothe right to commercial retribution;

  • When the Product has been put in contact with water and We do not mention the "waterproof" or "wa-

terproof" or "waterproof" character of the Product;
- • In case of supply of goods made according to the specifications of the Buyer orIn case of supply of goods made to the specifications of the Buyer or clearly personalized

;

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7. Legal withdrawal

General Terms and Conditions of Sale

For ICARE Technologies' Products and Services

  • In case of supply of goods likely to deteriorate rapidly;

  • In case of supply of goods that have been unsealed by You after delivery and that cannot be returned

for reasons of hygiene or health protection health protection;

  • In case of supply of audio or video recordings or computer software when they have been unsealed by You after delivery

    by You after delivery;

  • In case of supply of digital content not supplied on a physical medium whose execution has started

    after your prior express agreement and express waiver of your right of withdrawal;

Any Product that has not been purchased through the Any Product that has not been purchased through the ICARE Technologies Site cannot benefit from this right of withdrawal. The User is invited to contact the person or distributor who sold him the Product.

The decision to withdraw must be communicated to Us by means of an unambiguous statement in which You clearly express your desire to withdraw (example: letter sent by post or e-mail) or by contacting our customer service department on https://icaretechnologies.com. For commercial management purposes and to improve our our Products and Services, We may ask You to explain Your decision.

By expressing your decision to retract, You commit Yourself to return the Product(s) that are the object of the retraction as well as all their accessories as soon as possible. the Product(s) that are the object of the withdrawal as well as all their accessories as soon as possible. The return of the Product(s) is carried out at your

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at your expense. You will bear all the costs of returning the Product(s). The burden of proof of the exercise of this The burden of proof of exercising this right of withdrawal and of returning the Product(s) lies with You. The Product(s) and their accessories must be returned to the address(es) given to You by our customer service department.

You also have 14 days following the notification of Your will to return a Product or to cancel a cancel a You also have 14 days from notification of Your wish to return a Product or cancel a Service contract to return Your Product or arrange for its collection.

As soon as We receive the Product(s) and after verification of the Product(s), We will promptly refund You the price of the Product(s), excluding delivery charges, bank charges and customs duties. We will make this refund using the same payment method that You used for the initial transaction. With your agreement, We may offer to make the refund using another means of payment; in any event, You will not incur any costs as a result of the refund.

However, if the verification of the returned Product(s) reveals a condition ofHowever, if the verification of the returned Product(s) reveals a condition of exclusion of the present retraction However, if the verification of the returned Product(s) reveals a condition of exclusion of the present commercial retraction, We will be able to propose You these various choices:

  • To return the Product to You at your expense and risk following prior payment of the return costs;

  • The destruction of the Product - – Repair of the Product. This last one intervening if You refuse to pay the expenses of return of the Product within fourteen (14) days as from our notification according to which your

    Product is not covered by the commercial retraction.ommercial withdrawal.

Consumers located within the European Union will be subject to the provisions of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.

European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.

You will find specific information on this legal right of withdrawal in the appendix to these General Terms and Conditions of Sale.

European Consumers will always be able to benefit from the provisions applicable to commercial withdrawal granted by ICARE Technologiesif the provisions relating to the "right of withdrawal of ICARE Technologies "are more favourable than those granted by the law of their country of residence.

8. After-sales service

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We provide an after-sales service for any questions regarding our Products and/or Services.

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9. Guarantees

General Terms and Conditions of Sale

For ICARE Technologies Products and Services

In order to respond to your support request, some of your personal information may be temporarily transferred to our customer service department until the problem is resolved. We ensure that our service department strictly adheres to our

We ensure that our service department strictly adheres to our privacy policy.

It is Your responsibility to verify that the Product and/or Service You wish to order complies with the laws of the country of delivery and the conditions applicable to the country of delivery and the conditions applicable to the entry of Products and/or Services within the country of delivery.

Warranty and liability attached to the means of placing the order on the Site or on our Applications

In accordance with the Terms of Use of the Website and the Terms of Use of the Applications and unless otherwise provided for by law, in particular in the case of a breach of the terms of the Website or of the Applications, the Customer shall not be liable for any loss or damage arising from the use of the Website or the Applications.Unless otherwise provided by mandatory law, in particular due to the occurrence of physical injury, ICARE Technologies shall not be held liable for any damages. ICARE Technologies for the use of the Site and/or the Applications and the technical means used to place orders, ICARE Technologies shall not be held liable for any direct or indirect, material or immaterial damage, in particular loss of profit, loss of opportunity, loss of customers, loss of data, loss of image that You suffer.

THE SERVICE ATTACHED TO THE MEANS OF PLACING AN ORDER ON THE SITE OR THE APPLICATIONS, IS PROVIDED "AS IS", "AS AVAILABLE" AND "IF AVAILABLE". ICARE Technologies MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND TO YOU

IMPLIED IN CONNECTION WITH THE SITE, THE APPLICATIONS, THE ATTACHED SERVICE AND THE MEANS AND THE MEANS BY WHICH YOU MAY PLACE ORDERS ON THE SITE OR THE APPLICATIONS. ICARE Technologies makes NO WARRANTY TO YOU OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONCOUNTERFEIT.

Warranty attached to ICARE Technologies Products

By placing an order on the Site and/or through our Applications, You benefit from the guarantees applicable to each Product. each Product. These warranties may vary depending on the State in which You have your usual residence. You will find the commercial guarantees corresponding to your Product on the site icaretechnologies.com that we invite you to read.

LEGAL WARRANTIES

The Legal Warranties apply independently of the commercial warranty that may have been granted (ICARE Technologies extended warranty). In accordance with French law, if You are a consumer within the meaning of the Consumer Code and provided that ICARE Technologies is the seller from whom You acquired the good or service, ICARE Technologies is liable for defects in conformity of the good with the contract under the conditions of Article L 217-4 et seq. of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.

LEGAL GUARANTEE OF NON-CONFORMITY

The seller is obliged to deliver goods that conform to the Contract and is liable for any defects in conformity that exist at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the Contract or was carried out under his responsibility.

To comply with the Contract, the goods must

  • 1° Be fit for the purpose usually expected of similar goods and, where applicable, correspond to the description given by the seller and possess the qualities that the seller has presented to the Buyer in the form of a sample or model, have the qualities that a Buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or on the label advertising or labelling tage;

  • 2° Or have the characteristics defined by mutual agreement between the Parties or be suitable for any special use sought by the Buyer, brought to the attention of the Seller and accepted by the latter.

The action resulting from the defect of conformity is prescribed by two (2) years as from the delivery of the good.

You may choose between repairing or replacing the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. You are exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.

LEGAL WARRANTY FOR HIDDEN DEFECTS IN THE ITEM SOLD

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The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the Buyer would not have acquired it, or would only have paid a lesser price for it, had he known of them.

price, if he had known about them.

The action resulting from redhibitory defects must be brought by the Buyer within two (2) years from the discovery of the defect. You may then choose between the cancellation of the sale or a reduction of the sale price in accordance with Art. in accordance with art.icle 1644 of the civil code.

  1. Protection of personal data

  2. Lost or stolen product

For ICARE Technologies, the protection of the privacy of its Users is of the utmost importance. We invite You to read our Privacy Policy and our Supplement for ICARE Technologies Products and Services.

You have the right to access, rectify and object to information concerning You. You may also, for legitimate reasons, object to the processing of Personal Data concerning You.

In case of loss or theft You must both file a complaint at the police station as described below but also make a declaration of loss or theft through Your Aeklys Account®.
From the moment You become aware of the loss or theft of Your Product or of one of the other cases of opposition, You must react quickly and immediately make opposition. In the event that You delay in making a stop payment, the use of Your Product may not be recognized as fraudulent. The date on which the objection is taken into account is very important, as it legally specifies the day from which you will no longer be considered responsible for the activities of your Product. In case of loss or theft, it is mandatory to file a complaint at the police station or at the gendarmerie, which will give You a copy of the report that You will keep.

You will be asked to send a copy of the complaint or loss report made at the police station or gendarmerie by email to support@icaretech.fr. Please note: If the theft takes place abroad, it is also recommended that you make a declaration to the local police authorities or consulate.

As the holder of of an ICARE Technologies product, you must stop the transaction if you suspect:

  • Loss, or,

  • Theft, or,

  • misappropriation, or,

  • fraudulent use, or

  • Compromise of the data linked to it, or,

  • When the beneficiary of the payment is put into receivership or liquidation.

    When You validate Your declaration of opposition in the the application, the use of the Product linked to Your Account will be impossible. ICARE Technologies will proceed within a maximum period of 48 hours to block all its functionalities con- nected and accessible from the Application. the Application.

    ICARE Technologies has set up a service allowing you to reactivate Your Product declared lost or stolen. From Your Aeklys Account® and with using Your password You can reactivate it and cancel the declaration of of oppositionon made previously. This service can be be subject to an additional charge.

12. General Provisions

Force Majeure

Any event that is deemed to be both unforeseeable, irresistible and external and that prevents Us from fulfilling our obligations in accordance with the Conditions of Sale is considered to be an event of Force Majeure (" Force Majeure Event »). The following events are specifically considered as Force Majeure Events: strikes, floods, fires, lockouts, disruptions including those caused by a state of emergency (pandemics or natural disasters).

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(e.g. epidemics) and defects in transport services, supply difficulties supply difficulties of raw materials or energy, any communication interference resulting in difficulties in fulfilling an obligation or performing any obligation required by these General Terms and Conditions Terms and Conditions of UseICARE Technologies Services, which will then be suspended for the duration of the the Event of of Force Majeure. The performance of such an obligation shall be immediately continued once the cause of the Force Majeure Force Majeure Force Majeure Event ceases.

Entire Agreementof the agreement

These Terms and Conditions constitute the entire agreement between You and Us, and supersede, exclude and replace any prior undertakings in this regard. You acknowledge that other documents in the Terms and Conditions of Useilization may also apply when You are subject to these Terms of Use.

Survival

If any provision of these Terms of Use is found by a court or tribunal of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable portion or provision shall be deemed to be unwritten.

Non-Waiver

No default, delay or partial performance by ICARE Technologies of one or rights under any of the by one of the stipu- of these General Terms and Conditions of Sale shall be interpreted as implying a waiver by ICARE Technologies of any subsequent invocation of this stipulation to invoke this stipulation at a later date, nor to take advantage of any default by the other party to this party to this stipulation.

Proof - – Electronic Communication

Any notification or communication between You and ICARE Technologies may be made by any electronic means. Thus, You are fully aware that ICARE Technologies may communicate information to You by any electronic and dematerialized means that may be directly or indirectly linked to Your Aeklys Account for ICARE Technologies' Products and Services.

Applicable law - – Dispute resolution

In the event of a dispute or litigation between ICARE Technologies and you arising out of or in connection with your use of an ICARE Technologies Product or Service ICARE Technologies, the Parties shall, in good faith, as soon as possible and prior to any legal action, attempt to resolve the dispute throughtry to resolve the dispute as soon as possible and prior to any legal action, by means of an amicable procedure or an out-of-court settlement. settlement of disputes.

The Parties may agree to resolve their dispute using the online dispute resolution platform provided by the European Union. You can access the platform here : Access the platform

Reference: sales-conditions/20201001

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Last Update: 10 January 2020 Previous Versions: 7 July 2019

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Annex to the

General Terms and Conditions of Sale

Annex: Legal withdrawal
1. Conditions and deadlines for the right of withdrawal

You have a period of fourteen (14) days to exercise your right of withdrawal from the Contract concluded with Us. The fourteen (14) day period runs from :

  • From receipt of the Product by the Buyer or by a third party, other than the carrier designated by ICARE Technologies or designated byFrom the receipt of the Product by the Buyer or by a third party, other than the carrier designated by ICARE Technologies or designated by the Buyer. The receipt (hereinafterhereinafter " Receipt ") of the good by the Buyer is understood to be the delivery of the Product or the activation of the latter.

  • From the conclusion of the contract for contracts for the provision of services

In the case of contracts for the regular delivery of goods over a defined period of time, the period shall run from the time of receipt of the first good.

of the first good.

In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts of which the In the case of an order for multiple goods delivered separately or in the case of an order for a good consisting of multiple batches or parts whose delivery is staggered over a defined period, the withdrawal period shall run from the receipt of the last good, batch or part.

In the context of the provision of services, You can ask Us to execute the contract immediately. If You have exercised your right of withdrawal from a contract for the provision of services whose execution has begun, at your express request, before the end of the withdrawal period, You must pay Us an amount corresponding to the service provided until receipt of the communication of your decision to withdraw; this amount is proportional to the total price of the service agreed in the contract.

2. Exclusions from the right of withdrawal

The right of withdrawal can not be exercised for contracts :

The right of withdrawal cannot be exercised for contracts for the supply of services fully performed before the end of the withdrawal period and whose performance has begun after express prior agreement of the consumer and express waiver of his right of withdrawal;

  • Supply of goods made to the specifications of the Buyer or clearly personalized;

  • Supply of goods likely to deteriorate rapidly;

  • Supply of goods that have been unsealed by the Consumer after delivery and that cannot be returned

    for reasons of hygiene or health protection;

  • The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery

The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

- • The supply of digitalsupply of digital content not provided on a tangible medium, the performance of which has begun after The supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.

The Consumer and/or the Buyer hereby expressly agrees to the supply of digital content independent of any material support before the expiry of the withdrawal period. In this case, the Consumer and/or Buyer waives the right to exercise his/her right of withdrawal.

3. Modalities of exercising of the right of withdrawal and return of the Product

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The decision to withdraw does not have to be motivated and must be communicated to Us through a statement that is free of ambiguity and expresses Your desire to withdraw. expressing your wish to withdraw. To this fAt the end of this period, and before the expiry date, You can communicate- You can communicate your decision by using the attached sample withdrawal form (but notattached (but this is not mandatory). The burden of proof of the exercise of the right of withdrawal lies with You as the Buyer. This is why We advise You to notify your decision to withdraw by registered letter with acknowledgment of receipt.

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Of course, You may also fill in and send the model withdrawal form or any other unambiguous statement. or any other unambiguous statement on our website icaretechnologies.com. If You use this option, We will send You without

without delay an acknowledgement of receipt of the withdrawal on a durable medium (for example, by email).

The exercise of the right of withdrawal obliges You to return to Us the Product(s) being the subject of a withdrawal within a maximum of fourteen (14) days from the date of communication of its decision to withdraw.

The return of the Product is at your expense. You shall only bear the direct costs of returning the goods. The burden of The burden of proof of the exercise of the right of withdrawal and the return of the Product(s) lies with the Purchaser.ector.

Within the framework of the implementation of the right of withdrawal, your responsibility may be engaged in case of depreciation of the goods resulting from handling other than that of the Customer. of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods.

4. Conditions of reimbursement after exercising the right of withdrawal

Exercising the right of withdrawal allows ICARE Technologies to reimburse the totality of ICARE Technologies, of the total amount paid

when You purchased the Product(s) and/or Services. However, the reimbursement of delivery costs will be made on the basis of the standard delivery method proposed by ICARE Technologies. The standard delivery method corresponds to the least expensive delivery method offered to the Consumer.The standard delivery method corresponds to the least expensive delivery method offered to the Consumer before he/she places his/her order. Proof of this delivery cost ICARE Technologies may provide proof of this delivery cost by any means.

No reimbursement may be made before ICARE Technologies has received the Products or has provided proof of shipment of the Product(s). proof of dispatch of the Product(s) for which the right of withdrawal has been exercised.

ICARE Technologies will make this refund using the same means of payment that You used for the initial transaction. However, and with your prior agreement, another means of payment may be used. Your agreement may be notified to Us by means of computer communications such as email. The refund must not result in any costs to the consumer.

Standardised information on withdrawal

Download the withdrawal form in PDF format

Right of withdrawal

You have the right to withdraw from this contract without giving any reason within thirty (30) days.

The withdrawal period expires fourteen (14) days after the day on which You, or a third party other than the carrier and designated by You, takes physical possession of the good or the last good.

To exercise the right of withdrawal, You must notify Us of your decision to withdraw from this contract by means of

an unambiguous statement (for example, letter sent by post, fax or e-mail). You you can use the model withdrawal form, but this is notform but it is not obligatory. You can send your decision to Us at the following address

ICARE Technologies SAS Immeuble Castellani, 4 Avenue du Mont Thabor, 20090 AJACCIO, France You can also contact Us :

By email: support@icaretech.fr

You can also fill in and send us the model retraction form or any other unambiguous statement on our of ambiguity on our website icaretechnologies.com If You use this option, We will send You without delay an acknowledgement of receipt of the withdrawal on a durable medium (for example, by email). For the withdrawal period to be respected You can use this option to cancel your order by sending us a notice of cancellation in a durable medium (e.g. by e-mail) without delay.i- ration of the withdrawal period.

Effects of withdrawal

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In the event of your withdrawal from this contract, We will refund all payments received from You, including the delivery costs (except for the costs of delivery). (with the exception of any additional costs resulting from the fact that You have chosen, if applicable, a different delivery method),

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(a) You may withdraw from this contract (i.e. by any means of delivery other than the less expensive standard delivery method proposed by Us) without undue delay and, in any event, no later than fourteen (14) days from the day on which We are informed of your decision to withdraw from

of this contract. We will proceed with the refund using the same means of payment that You used for the initial transaction, unless You expressly agree to a different method; in any case, this refund will not incur any costs for You. costs to You.

We may defer the refund until We have received the goods or You have provided proof of shipment of the goods, whichever is earlier.
You must return the goods to Us without undue delay and, in any event, no later than fourteen (14) days after You have informed Us of your decision to withdraw from this contract. This period is deemed to be respected if You return the goods before the expiryof the fourteen day period. You shall bear the direct costs of returning the goods.

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Please complete and return this form if you wish to cancel.

To the attention of

ICARE Technologies SAS, Service rétractation

Immeuble Castellani, 4 Avenue du Mont Thabor, 20090 AJACCIO, France
Mail. : support@icaretech.Fr
I hereby notify you of my withdrawal from the contract for the sale of the goods below: Ordered on (*) (*) __ / __ / ____ (DD/MM/YYYY)
First name Last name My address: City: Zip code Country (*) Delete if necessary
Signature

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Date

__ / __ / ____ (DD/MM/YYYY)

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