Digiplant SAS (“Digiplant”) is a limited company with a capital of 3000€ whose registered office is at 31 Avenue de Ségur, 75007 Paris, France.

Company registration number : 882 013 667
EU VAT registration number: FR 32 882 013 667

Phone number (+Whatsapp) : +33 7 67 26 51 80
Mail address: contact@digiplant.com

These general Terms of Sale (« ToS ») are intended to define the terms & conditions of products and services sold by Digiplant, the owner of www.digiplant.com, to all persons making a purchase through this website as a consumer.

They apply to all purchases of Digiplant products made by consumers, subject to the legal provisions stipulated by foreign law that may be applicable to these purchases and that shall prevail over these ToS.

For clarity, it should be pointed out that these ToS do not apply to purchases of Digiplant products from distributors or resellers. They only apply to purchases made directly to Digiplant from www.digiplant.com

Digiplant intend to sell to general public (household appliance) as well as professionals (greenhouse farming, horticulture) via its online store.

 Any order implies acceptance of these ToS.

Digiplant sells the products which are described and presented on its website as accurately as possible.

Product and service selection and use of the product(s) are your sole responsibility.

By placing your order, you represent that you have informed yourself about and are aware of Digiplant’s products and their services and their characteristics.

Before placing an order, you are solely responsible for:

• selecting the product(s) and service(s) forming part of your order as dictated by your needs
• determining whether the product(s) ordered are compatible with the product(s) you are already using.

Our product offers are valid to the extent of available stocks as indicated in each product description sheet. If despite all our efforts a product becomes unavailable after your order has been approved, or if the time necessary for its delivery should be extended, Digiplant will so inform you by e-mail. As appropriate, Digiplant may offer that you accept a new delivery time.

If this solution is not possible, does not suit you or if you provide no response, Digiplant will immediately cancel your order. In such a case, you will be fully refunded as soon as possible and, in any case, no later than 30 days following your payment.

All prices are denominated in Euro.
For EU: taxes and delivery included.
For UK, US, CA: taxes excluded and delivery included.

For EU: Prices include value added tax (VAT) at the rate in effect on the day the order is placed. Digiplant will automatically apply any change in the VAT rate to the prices indicated on its website.

Digiplant reserves the right to modify at any time the price for the products and services offered on its website. Your invoice will be based on the prices in effect at the time your order is registered.

When you place an order on Digiplant’s website, you acknowledge:

               (a) that you have read these ToS before placing the order;
               (b) that you accept these ToS without exception;
               (c) that you have full legal capacity to bind yourself under these ToS and to conclude the sale;
               (d) that your decision to purchase the product(s) or service(s) is based on an informed decision and that you have accepted without reservation the prices and quantities of the products offered for sale and ordered;

The placement of your order therefore constitutes your acceptance of these ToS.

Digiplant reserves the right to not accept your order for any legitimate reason, notably if:

               – your order does not comply with these ToS;
               – a dispute relating to payment for one of your previous orders is being processed;
               – several serious and consistent factors create a suspicion that your order is fraudulent.

After your order is approved by our services, you will receive an order confirmation at the e-mail address you provided at the time of the order. Keep this message.

You can pay in two different ways:

               (1) At the moment of order (credit card)
               (2) In a 3 days delay (bank transfer)

In case (1), the full amount will be debited at the time of the order confirmation.

A mail will be sent to you when your order is shipped.

By using our payment systems, you warrant to Digiplant that you have the necessary authorizations to pay for your order.

The products delivered remain Digiplant’s property until the settlement of all amounts due in respect of the order, i.e., the price and delivery charges for the products and the applicable taxes.

If payment is not made on the agreed date, the sale will be cancelled by Digiplant.

8.1. Country of delivery

The products can be delivered in all 27 countries of the European Union :

Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Lettonia, Lituania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden.

As well as UK, Canada and USA.

8.2. Delivery address

The products will be delivered to the delivery address provided at the time of the order. In the event of an error in the address details, Digiplant shall not be held liable for being unable to deliver the product or for any delay in processing orders. You are responsible for transport costs, and the amount thereof is indicated in the order summary.

In order to ensure quality service, we use a transport company that is appropriate in light of the delivery address provided. Our orders may be carried by transport companies such as Colissimo, UPS, Fedex, or DHL (non-exhaustive list).

Information regarding product delivery and receipt

For the purpose of tracking your order’s delivery status, you will receive several e-mails informing you of your order tracking number and of your delivery status.

Upon receipt of your order, we ask that you carefully check the condition of the parcel, its packaging and its contents in the presence of the transport company’s employee. If you notice the slightest anomaly, whether actual or suspected, you must:

1. Comply with the transport company’s procedure designed for such cases (in particular, report any damage or anomaly (e.g., an open package) or make any complaint or reservation) and refuse the goods by making an immediate declaration to the transport company’s employee that the products are not in good condition or present an anomaly.
2. Inform Digiplant of such irregularities, specifying the order number.

Where necessary, it should be pointed out that the procedure relating to the right of withdrawal defined in this article only applies to purchases of Digiplant products and services made directly from Digiplant. If you wish to exercise your right of withdrawal for a product or service purchased from a distributor or reseller, we would ask that you contact them directly.

In order to exercise your right of withdrawal in relation to the purchase of one or more products, the three steps below must be followed:

Step 1: Return request

Under the provisions of the French Consumer Code, you have a statutory period of 14 days as from the date the ordered product is received to exercise your right of withdrawal without having to give a reason for your decision or incur costs. The return costs shall be borne by you.

In the case of an order covering several products that were delivered separately, the period begins to run upon receipt of the last product received.

To exercise your right of withdrawal and return your product(s), you can send the duly completed withdrawal form below by e-mail to support@digiplant.com.

_____________________________________________________________________________________________________________________________
Date

Dear Sir,

I, (your name), hereby notify you of my withdrawal from the contract regarding the sale of (product name and order #), ordered on (date) and received on (date).

I undertake to return the contents of this order to you within fourteen days.

Consumer’s name:

Consumer’s address:

_____________________________________________________________________________________________________________________________

Step 2 : Product return

Once we have been notified of your withdrawal request, we will send you an e-mail containing the address where the product(s) are to be returned and a Return Merchandise Authorization (RMA) to be attached to your return.

You have 14 days following the issuance of the Return Merchandise Authorization (RMA) to return the product(s) covered by the withdrawal.

Return costs are yours. We strongly recommend returning any product by registered mail with advice of receipt in order to ensure that the return is delivered to the address provided.

You must ensure that the following conditions are met:

• The exercise of your right of withdrawal must have been previously notified to DIGIPLANT in accordance with the above conditions and the return must be accompanied by the Return Merchandise Authorization Form (RMA) provided by our Customer Service Department, printed, completed and attached to the returned product.
• The product must be in its original condition (adhesives, packaging, accessories, manual, etc.) so that it can be resold as new.
• you will not be able to claim the benefit of the right to withdraw if the product has been depreciated due to handling other than handling that was necessary to establish its nature, or, in the event of unsuitable or improper use of the product, a deterioration in its appearance, or, more generally, in the event of any use that is inappropriate in view of the normal conditions of use foreseen for the product in question, the product’s characteristics and proper functioning of the product.

10.1. Statutory warranty (2 years)

All of our products benefit from the statutory warranty of conformity. If a sold product is non-conforming, it may be returned, exchanged or refunded.

It is noted that, within the framework of the statutory warranty of conformity:

• you benefit from a period of two years as from delivery of the good to act;
• you may choose between a repair or the replacement the product, subject to the cost conditions contemplated by article L. 217-12 of the French Consumer Code;

You will be liable for the costs incurred in returning the product to be replaced or returned to the address provided by Digiplant. Digiplant will be liable for the costs incurred in sending the repaired or replaced product to the address which you have provided.

The aforementioned provisions are those applicable under French law. If the law of a different country is applicable to the purchase of Digiplant products, the mandatory provisions under such country’s law will be respected by Digiplant: for example, the legal warranty period will be 3 (three) years for consumers residing in Spain or Portugal.

The statutory warranty of conformity applies independently of any commercial warranty that may cover your product.

In order to benefit from the statutory warranty of conformity, please contact our customer service by sending an e-mail to support@digiplant.com

In all cases, in the absence of a determined breakdown or in the event of an abnormal use of your product (in particular, without this list being exhaustive: broken product, oxidation, use that does not conform with the manufacturer’s recommendations or the product’s intended use), Digiplant will neither repair nor exchange the product.

Example : defect from TH sensor (made for air measurement) following a non-conform use (sensor immersed in water or soil).

10.2. Commercial warranty (2 years)

In addition to statutory warranty that you can, in any case, benefit under the conditions set out in paragraph 10.1 above, you may also benefit from commercial warranties within the meaning of articles L 217-15 and 217-16 of the French Consumer Code, the purpose of which is to offer “the refund of the purchase price, the replacement or repair of the product, in addition to the legal obligations intended to guarantee the good’s conformity.”

This warranty is separate from the statutory warranty of conformity provided for in articles L. 217-4 to L. 217-14 of the French Consumer Code.

For every new product purchased, Digiplant guarantees the product at no extra cost against all material and/or manufacturing defects during its use in accordance with the documentation provided by Digiplant for a period of two (2) years from the date of purchase of the product.

If all the terms and conditions for the implementation of the Free Commercial Warranty defined in this paragraph are fulfilled, Digiplant undertakes at its discretion, (i) to repair the product free of charge (including parts and labour) which you have already returned to Digiplant at your own expense, (ii) to replace the product with an identical product.

You will be liable for the costs incurred in returning the product to be replaced or returned to the address provided by Digiplant. Digiplant will be liable for the costs incurred in sending the repaired or replaced product to the address which you have provided.

In the case of a product replacement, the Free Commercial Warranty will nonetheless continue to apply until the end of its term (i.e. two (2) years from the date of purchase of the product).

The Free Commercial Warranty will not apply in the following cases:

• the product does not display any material and/or manufacturing defect,
• the product has :

(a) undergone changes, adaptations, repairs or corrections by a party other than Digiplant;
(b) been handled, stored, installed, tested or used without respecting the documentation;
(c) been damaged due to abuse, negligence, lack of care, accident or incorrect use;
(d) been affected by breakdowns, fluctuations or interruptions in the electricity or telecommunications network, in particular due to lightning ;
(e) been damaged during a natural disaster, including fire, flooding, tornadoes, earthquakes and hurricanes.

The Free Commercial Warranty only applies to the individual named in the purchase invoice and cannot be transferred. It can therefore not benefit any subsequent owners of the product.

To benefit from the Free Commercial Warranty, please contact our Customer Service Department by sending an e-mail to support@digiplant.com

When you notify us of your intention to avail of the Free Commercial Warranty, you must provide a copy of the purchase documents together with a description of the problem or fault encountered.

If, after analysing the returned product, it is determined that the conditions for benefiting from the Free Commercial Warranty have not been fulfilled, Digiplant will not be required to grant the benefits under the Free Commercial Warranty.

Digiplant shall not be liable for the non-performance of one of its obligations under these ToS if such non-performance is tied to the occurrence of a force majeure event. Epidemics and pandemics are expressly accepted by the parties as being force majeure events.

If any of the provisions of these ToS operates separately. If any of the provisions of these ToS is declared to be null the nullity of such provision shall not affect the validity of the other provisions, which shall remain in full force and effect.

A party’s failure to rely on one of the provisions of these ToS, at whatever time and irrespective of the duration of such non-performance, shall not constitute a waiver of such stipulation.

You may submit any claim by contacting Digiplant’s Customer Service Department using the following e-mail support@digiplant.com

These ToS are subject to French law. In the event of a dispute, the French courts shall have exclusive jurisdiction.

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