Terms of Sales

 

 

Introduction

The sale of an Easydigitalkey® is carried out in accordance with the provisions below. If you do not wish to accept these provisions, you cannot buy Easydigitalkey® or a memory card with the Easydigitalkey® program, nor benefit from the services associated with it. We ask you to read the following text carefully. If you have any questions, please contact our customer service at support@Easydigitalkey.com who will answer your questions.

The site www.Easydigitalkey.com (the “Site”), edited by the company MMPhygital SAS®, allows you to make online purchases of Easydigitalkey® (the “Easydigitalkey®”), display system and multimedia streaming via HDMI which helps facilitate digital access through its personal cloud software "ioconstellation®" (www.ioconstellation.com), in accordance with the provisions of these general conditions (the "General Conditions").

Easydigitalkey® purchased on the Site are exclusively for your personal use and cannot in any way be purchased for resale.

The Site is intended for capable adult Internet users or emancipated minors.

 

Article 1. Purpose

The purpose of the General Conditions is to determine the rules applicable to the online purchase of Easydigitalkey® by detailing the various stages of the purchase process and the rights and obligations of the parties at the end of this sale.

You are fully informed that the use of Easydigitalkey® requires the subscription to an associated service, necessary for its operation (the "Associated Service"), via OVH cloud hosting in roubaix.

The Associated Service refers to all the present and future functionalities of the cloud platform (non-exhaustive list): the identification of the Easydigitalkey®, the fact of being able to modify Easydigitalkey® remotely and to store its personal media (photos , video, music, pdf, .doc, .execl) in Easydigitalkey®, the possibility of sending messages via internal messaging; as well as other services that Easydigitalkey® may offer in the future. Once the Easydigitalkey® has been purchased, certain functions of the Associated Service will also be accessible from the web application.

The General Conditions may be modified and updated at any time.

The essential characteristics of Easydigitalkey® are described in the attached product sheet. This compliance will however be subject to the proper functioning of the required radio frequencies, in particular fixed and mobile internet access with variable coverage areas and of which we do not know the limits; in addition, these frequencies are resources by nature subject to variations in behavior due in particular to the physical environment which are beyond our control and which cannot be predicted. Thus, we must inform you of this vagueness of proper functioning even though we are making our best efforts to allow this compliant operation. You accept this hazard when ordering Easydigitalkey®.

You must use the Easydigitalkey® and the services offered by Easydigitalkey® exclusively in a caring manner, without intending to divert the vocation of the initial product. Easydigitalkey® and its services are devices put in place to help better manage its digital content. They were not designed to protect or monitor humans. MMPHYGITAL SAS® therefore disclaims all liability in connection with this use.

The Easydigitalkey® is not a storage server and cannot guarantee the media and information associated and stored in an Easydigitalkey®. Thus, it cannot guarantee their integrity in the event of loss or theft. The Easydigitalkey® does not behave like a storage disk and is therefore not suitable for holding high volume media or sensitive content.

The electronic products in the “Easydigitalkey®” range are not hermetic or waterproof for short-term or accidental immersion. They do not resist runoff and splashing water. Easydigitalkey® are sold as part of a conventional use of digital objects (smartphone, computer, tablet).

It is recommended to use them under temperature conditions between 0 ° C and 40 ° C. Exposing these devices to more extreme temperatures may damage them or cause them to malfunction.

EasyDigitalKey®, is an additional electronic product. Consequently, it must be switched on and off during its phases of use. The recommended uses are:
- 24H for an EasyDK Box or an EasyDK Pocket "super"
- 5H for an EasyDK Pocket or Box from the "design" range (without fan)

Anyone buying an Easydigitalkey® declares to be aware of its functional and technical characteristics appearing on the product sheet, in particular the fact that the Easydigitalkey® is only compatible with screens benefiting from an HDMI port. < / p>

Thanks to the "cloud" function, Easydigitalkey® can allow you to be used by several people via the communication of access codes; we do not make any commitment on the nature, the quality or the relevance of the contents or negligence which can then intervene because of this intervention of the several people having access to the account on our web platform, or equipped with an Easydigitalkey®. You therefore accept to assume all responsibility in this respect.

Article 2. Articles sold on the site - Price

The Easydigitalkey® offered for sale is only the one appearing on the Site on the day of your consultation; the site will clearly indicate if the Easydigitalkey® is or is not available in stock. Given the large number of requests for Easydigitalkey®, we cannot guarantee the availability of Easydigitalkey® when ordering.

We make our best efforts to show and describe the Easydigitalkey® offered for sale as faithfully as possible while respecting its colors, dimensions and proportions. However, the photographs, videos, texts and any other description of Easydigitalkey® may not fully reflect their true appearance. You know that distance selling, given the related technical constraints, cannot replace physical contact with our products.

Easydigitalkey® price: the prices in force, expressed all taxes included in Euros or in another currency, are those mentioned on the Site at the time of the order. These prices are subject to change at any time.

The amounts of participation in the preparation / logistics / transport costs of the Easydigitalkey® sold are indicated in the summary page of your order, before final validation of the intended purchase.

 

Article 3. Placing an order

To place your order on the Site, you must click on the chosen item.

A summary of the selected Easydigitalkey® and their individual and overall price will appear on the screen. You must ensure the relevance of the information thus summarized before confirming your order. Once your order has been confirmed and payment has been made, you no longer have the possibility of modifying it on the Site.

In the case of a pre-order or an exceptionally extended delivery period if you move between your purchase and the shipment of the product, please notify us with a minimum notice of 7 days before the shipping day . If you do not take this precaution, we will not be held responsible if the delivery is not made to the correct address.

You must identify yourself, using your First Name, Last Name, Gender, Postal Address, mobile phone, email address and postal address to continue your purchases. Addresses with just a PO Box are insufficient. You acknowledge that entering your First Name, Last Name, Gender, Postal Address, mobile phone, email address and postal address validly assumes the authenticity of your identity.

After being correctly identified, the purchase requires your reading and acceptance of the provisions of the General Conditions of Sale, the provisions concerning the protection of personal data and the conditions of use of our Site by reading them on our Site. By doing so, you express your agreement electronically on the thing, the price and the contractual legal terms of the sale envisaged, at the time of placing the order. You give this electronic agreement the same value as an agreement formalized by a handwritten signature; it is particularly proof of the exigibility of the sums due in execution of the order.

Pursuant to article L.134-2 of the Consumer Code, when one of your orders relates to an amount equal to or greater than 120 Euros, we must keep the contractual elements for a period of ten years at from the date of delivery of your order. You have access to these contractual elements from Customer Service according to the methods referred to in article 7.

Article 4. Payment

4.1. Terms

Payment is made exclusively by credit card, CB, Visa or Mastercard by entering the information requested on the relevant page of the Site. The order will be shipped only when your bank details have been verified and authorization to debit your bank card has been received. In the absence of such authorization, the sale cannot take place.

4.2. Payment security

Payment is made via a secure platform operated by the Site's bank. When paying, you are directly directed to the electronic payment server of this bank and no contact details are stored by the company MMPhygital SAS®, publisher of the Site.

4.3. Order acknowledgment

After payment, you will receive an order summary email at the latest before delivery which formalizes the contract between the parties.

However, the unavailability of an item will be notified to you electronically as soon as possible and the purchase price will be credited to the bank account used for the purchase as soon as possible and in any event within thirty days after notification of unavailability.

Article 5. Delivery

We will do our best to ensure that your order is delivered, in mainland France, within an average of 7 working days from the day following that of taking your order into account. It is specified that the orders registered on the Site on Friday afternoon, Saturday or Sunday are processed the following Monday. Orders placed on the Site on a holiday are also processed the next working day. For any destination other than Metropolitan France, the average delay of 7 working days will be increased by the delivery time.

If some of our products are on pre-order, indicative delivery dates will be indicated when setting up your shopping basket and at the time of the basket summary. So our pre-order products can be delivered several months after the act of purchase.

When due to stock management requirements, the Easydigitalkey® ordered is not available for delivery, the site informs you of this unavailability and longer delivery times.

The delivery times are a function of the routing services of external service providers which we do not control: the delivery times are indicative and may be subject to change, even when you have already been able to order.

The amounts of participation in preparation / logistics / transport costs will be displayed on the Site on the summary page of the Easydigitalkey® that you plan to buy.

At the very least, delivery will be made from the list of countries proposed when selecting the delivery location. Orders to be delivered in other countries may, if necessary, be satisfied after validation by our company on a case-by-case basis. Delivery will not be guaranteed in the event of force majeure and / or strike action.

Article 6. Return of non-compliant Easydigitalkey® and right of withdrawal

Upon receipt of the order, you will have to check the compliance of the Easydigitalkey® received during the execution of your order.

6.1. Non-compliant delivery

We make every effort to deliver compliant Easydigitalkey® to you, within the meaning of provisions L.211-4 and L.211-5 of the Consumer Code. However, we cannot prevent any non-conforming delivery.

In the event of major non-compliance, you must notify us and return the non-compliant Easydigitalkey® (damaged item, damaged package, etc.) to Customer Service, within 14 days of receipt, in the manner set out in the item. 6.3.

We will do our best to deliver the conforming product to you within thirty (30) days. Otherwise, we will reimburse the purchase price. Beyond this period of 14 days, complaints for non-compliant delivery will no longer be admissible and we will not be required to make a new delivery.

In the event of abnormal or abusive returns, we may refuse to serve a subsequent order.
In the event of a failure linked to the opening of the Easydigitalkey product, in particular compulsory protection zones (SD card, box) or insertion into the product of an object not provided for in the initial operation (USB key, SD card, connection to an external system via the USB or ethernet port). No refunds will be made.

6.2 Right of withdrawal

You have fourteen (14) days from the date of receipt to notify us of your decision to withdraw. You must return the Easydigitalkey (s) at the latest within fourteen (14) days of the communication of your decision to withdraw and bear the costs of returning the Easydigitalkey (s).

In the event of a failure linked to the opening of the Easydigitalkey® product, in particular compulsory protection zones (SD card, case) or insertion into the product of an object not provided for in the initial operation (USB key, SD card, connection to an external system via USB or ethernet port). No refunds will be made.

6.3 Returns terms

In the event of a non-conforming item or the exercise of the right of withdrawal, the return of the Easydigitalkey® must take place:

in its original packaging, in perfect condition

accompanied by the proof of order

without the article having been used or opened

at the postal address indicated in article 7

accompanied by a return slip (available by clicking on the link below), to print and complete.

In the event of exercise of the right of withdrawal, you will be reimbursed for the full amount paid, with the exception of non-standard shipping costs which you may have chosen, as soon as possible and at the latest within 14 days from the communication of your decision to withdraw and subject to fulfilling the terms of this paragraph 6.3. The communication of decision of withdrawal must take place at the postal address indicated in article 7.

If you have any questions on these points, you can call Customer Service in accordance with the procedures set out in article 7.

Article 7. Customer service

For any question or information concerning the use of the Site or the provisions of the General Conditions, or the Easydigitalkey® listed on the Site, you can contact us by:

e-mail: support@Easydigitalkey.com

single mail, by writing to the following address:

MMPHygital SAS

3 rue pierre blanc
Lyon

FRANCE

Article 8. Computers and freedoms

The personal data concerning you are necessary for the management of your order and for our commercial relations.

Your data is also kept for security purposes, in order to comply with legal and regulatory obligations as well as to allow us to improve and personalize the services we offer to you.

In accordance with the Data-processing Law and Freedoms of January 6, 1978, you have a right of access and of correction and opposition to the personal data concerning you. To do this, simply send a letter to MMPHYGITAL SAS® Consumer Services, 3 rue Pierre Blanc Lyon France 69001 Lyon, indicating your name, first name, e-mail, address and, if possible, your customer reference. In accordance with current regulations, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which the response must be sent. A response will then be sent to you within 2 months of receiving the request.

When you connect to our site, we may install various cookies in your terminal to allow us to recognize your browser during the period of validity of the cookie concerned, as well as to help us,

to establish statistics and volumes of frequentation of our site,

remember information about your shopping cart.

If you do not want us to use cookies when you visit our site, you can disable some or all of them. To obtain more information on cookies, in particular to know which ones have been installed and how to configure or delete them, click on the following link https://en.wikipedia.org/wiki/Cookie_%28informatique%29 , or http://www.allaboutcookies.org/fr/cookies/.

For more information, you can refer to our Privacy Policy available on our mobile applications.

Article 9. Intellectual property

The sale of products does not confer any rights on the buyer on the brands, in particular the EASYDIGITALKEY® brand or on the distinctive signs affixed on the Easydigitalkey®.

The realization by the buyer of any advertising message or promotional operation including the brands or distinctive signs affixed on the Easydigitalkey®, is subject to the prior written authorization of the company MMPHYGITAL SAS.

The company MMPHYGITAL SAS® also reserves the right to refuse the dissemination of advertising messages which would denigrate or damage its brand.

Article 10. Limitations of liability

Given the technical IT and telecommunications constraints of using the Site, we cannot guarantee that there is no malfunction in each of the steps of accessing the site, the ordering process, payment, delivery tracking, in particular due to the inconvenience or damage inherent in the use of the Internet (external intrusion, presence of computer viruses etc.). Furthermore, in accordance with the law, we release our responsibility in the event that the non-performance or poor performance of our obligations as a seller is attributable either to your own behavior or to the fact, unpredictable and insurmountable, from a third party to contract, or in a case of force majeure.

Nous ne sommes pas responsables des dommages indirects, lesquels sont notamment, au sens des présentes, les conséquences de la perte de vos contenus stockés d’un Easydigitalkey® et qui n’auraient été volés ; cette qualification se justifie car le Easydigitalkey® est un objet permettant uniquement de gagner en efficacité dans la gestion de ses contenus digitaux. Il ne saurait se substituer à toutes les autres précautions à prendre pour éviter de perdre vos contenus numériques.

 

Our responsibility for duly proven direct damage cannot in any event exceed the purchase price of an Easydigitalkey® memory card.

However, the Easydigitalkey® limits the risk of content permits using the "ioconstellation®" cloud. The cloud 'ioconstellation® "property of SAS MMPHYGITAL®, ensures the storage and the safeguard of your documents during the time wished by the customer.

Article 11. Force majeure

No responsibility can be sought if the partial or total non-performance of the obligations of one or other of the parties is caused by an event constituting force majeure, that is to say an element irresistible in the sense hereof.

Article 12. Completeness and validity of the general conditions

The General Conditions and the confirmation of your order form a contractual whole constituting, for this distance sale, the entirety of the agreements between the parties.

If one or some of the provisions of the General Conditions were to be declared null in whole or in part, the other provisions nevertheless remain applicable in their entirety, renegotiating in good faith the canceled provision.

Article 13. Applicable law and settlement of disputes

The General Conditions are subject to French law. For the settlement of disputes that may arise in connection with the application of the General Conditions, you are informed of the possibility of using a conventional mediation procedure or any other alternative method of dispute resolution before having to consider a dispute before the courts. In the absence of an amicable agreement according to the specific terms applicable to the search for such an agreement which will be communicated to you in the event of a dispute, only the French Courts will be competent.