General terms and conditions of sale of the D-Scan scanner
Create an account: You will need to create a Delysis by ValueFeet account to purchase the SCANNER. If you are creating an account on behalf of a company, such as your business or employer, you represent that you have the legal authority to enter into this Agreement and to create the account for such company. When creating your account, you agree not to use or provide any false, inaccurate or misleading information.
You may not transfer or disclose your user name and password to any other user. You remain responsible for all activities that occur under your account.
Legal Age: To open or use an account, you must be of the age of “majority” in your country of residence, or have valid permission from a parent or legal guardian to be bound by the Agreement.
Agreement and Acceptance of Terms: By purchasing the SCANNER, you acknowledge that:
(i) you have read the prior information provided on the Delysis by ValueFeet website regarding the contents of the Agreement, and
(ii) you have agreed to sign the Agreement electronically and to receive a copy of the Agreement solely by electronic means, and
(iii) to have read these general terms and conditions of sale before placing an order, and
(v) irrevocably agree to be bound by these terms and conditions, which constitute the purchase agreement (the “Agreement”) between you and Delysis by ValueFeet.
Formation and Date of the Purchase Agreement: The sale is complete from the date of your order.
Price and Payment: The price indicated on the Delysis by ValueFeet website is exclusive of any taxes and fees that may be payable in the customer’s country of residence. In accordance with the commercial conditions announced on the Delysis by ValueFeet website, you must pay 40% of the sales price at the time of ordering, the balance being payable when Delysis by ValueFeet notifies the Customer that the SCANNER is ready for delivery. Payments are made by credit card or bank transfer.
Delivery: The SCANNER will be delivered within a period not exceeding 12 weeks from the date of the order to the address indicated by the customer in the order. All delivery costs will be borne by the customer, including any customs duties that may be required for entry into the destination country. The Customer must check the condition of the SCANNER and notify Delysis by ValueFeet of any malfunctioning within eight days of receiving the package. If the SCANNER is damaged during transport, Delysis by ValueFeet will replace it at its own expense as soon as possible.
Intellectual Property: This Agreement does not constitute an assignment of any intellectual property rights held by Delysis by ValueFeet in the SCANNER or its components. If you provide Delysis by ValueFeet with an idea, proposal or comment (together “Suggestions”) regarding possible improvements to the SCANNER, you grant Delysis by ValueFeet, free of charge and without the right to any royalty or other benefit whatsoever, all intellectual property rights in such Suggestions, including the right to make or cause to be made modifications to the SCANNER based on your Suggestions.
No access to emergency services: Delysis by ValueFeet is not required to provide emergency services.
Miscellaneous:. Delysis by ValueFeet is entitled to assign, transfer or otherwise dispose of its rights and obligations under the Agreement, in whole or in part, at any time and without notice to you. However, you may not assign, transfer or otherwise dispose of the rights under the Agreement in whole or in part. These terms constitute the entire agreement between you and Delysis by ValueFeet with respect to the sale of the SCANNER. If a court of competent jurisdiction finds that we cannot enforce any provision of these Terms as written, it will be replaced with a provision that most closely matches the intent of the provision found to be unenforceable, but the remaining provisions of these Terms will not be affected. The present conditions are concluded exclusively for the benefit of the parties to the present. They shall not inure to the benefit of any other person, except for the successors and assigns of Delysis by ValueFeet.
Export Regulations: You agree to comply with all applicable national and international export laws and regulations, including restrictions on end users, end uses and countries of destination.
Governing Law and Dispute Resolution: . The Agreement is subject to French law, excluding conflict of laws rules. Considering that customers domiciled in France purchase the SCANNER for the purposes of their farriery activity, the provisions of the French Consumer Code are not applicable, in particular the right of withdrawal stipulated in articles L.221-3 and L.221-5 2° of this code. Any dispute concerning the Contract shall be under the exclusive jurisdiction of the Commercial Court of Bordeaux, France.
Warranty: THE LEGAL WARRANTY AGAINST CONCEALED DEFECTS APPLIES TO THIS SALE. YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATION SYSTEMS ARE NOT FREE OF DEFECTS AND THAT INTERRUPTIONS IN SERVICE MAY OCCUR FROM TIME TO TIME. WE CANNOT GUARANTEE THAT THE SCANNER WILL NEVER FAIL. WE EXCLUDE ALL WARRANTIES OTHER THAN THOSE EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. THE WARRANTY DOES NOT COVER: Damage to the SCANNER caused by a third party, or resulting from intentional or malicious misconduct; Maintenance costs and repair of damage resulting from improper maintenance, use or installation not in accordance with the instructions for use, modification to the SCANNER or intervention by a third party not authorized by Delysis by ValueFeet; Loss of data; Replacement of consumable parts and/or wearing parts; SCANNERS whose serial number has been made illegible, modified or removed; Damage originating from an external cause. Delysis by ValueFeet shall not be liable in any way whatsoever for any damage arising as a result of the Customer’s activity. Delysis by ValueFeet only undertakes to provide software that allows the Customer to model the horses’ feet, and to configure the shoes that the Customer designs, for subsequent manufacture to the Customer’s specifications.
SAFETY WARNING: To avoid possible eye strain, discomfort or other health problems, it is advisable to take regular breaks when using computer equipment, especially monitors, especially if you experience any pain or fatigue. If you experience discomfort, take a break. Discomfort may include feelings of nausea, motion sickness, dizziness, disorientation, headaches, fatigue, eyestrain or dry eyes. Using applications can distract you and obstruct the environment around you. Avoid obstacles, stairs, low ceilings, valuable and fragile objects that could be damaged. A small percentage of people may experience seizures when exposed to certain images such as flashing lights or patterns on the screen. Even people who have never had a seizure may have an undiagnosed predisposition. Symptoms may include dizziness, blurred vision, convulsions, twitching or shaking, disorientation, confusion or loss of consciousness. If you experience any of these symptoms, discontinue use immediately and seek medical attention.