GENERAL TERMS AND CONDITIONS OF SALE OF THE D-SCAN SCANNER
Account Creation: You will need to create a ValueFeet account to purchase the SCANNER. If you create an account on behalf of a company, such as your business or employer, you declare that you have the necessary legal authority to enter into this contract and create the account for said company. When creating your account, you agree not to use or provide any false, inaccurate, or misleading information.
You are not authorized to transfer or disclose your username and password to another user. You remain responsible for all activities performed with your account.
Legal Age: To open or use an account, you must have reached the “age of majority” in force in your country of residence or have valid authorization from a parent or legal guardian to be bound by the Contract.
Contract and Acceptance of Terms: By purchasing the SCANNER, you acknowledge: (i) having read the pre-contractual information provided on the ValueFeet website regarding the Contract content, (ii) agreeing to electronically sign the contract and receive a copy only electronically, (iii) being aware of these general terms and conditions of sale before placing an order, (iv) being aware of the Policy on the Respect for the Protection of Personal Data, applicable to the contract, and (v) irrevocably accepting to be bound by these general terms and conditions of sale, which constitute the purchase contract (“Contract”) between you and ValueFeet.
Formation and Date of Purchase Contract: The sale is concluded from the date of your order.
Price and Payment: The price stated on the ValueFeet website is exclusive of all taxes and any fees potentially due in the customer’s country of residence. According to the commercial conditions announced on the ValueFeet website, you must pay 40% of the sale price when placing the order, with the balance payable when 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 maximum of 12 weeks from the date of the order to the address specified by the customer in their order. All delivery costs will be borne by the customer, including any customs fees that may be required for entry into the destination country. The customer must check the condition of the SCANNER and notify ValueFeet of any operational problems within eight days of receiving the package. If the SCANNER is damaged during transport, ValueFeet will replace it at its expense as soon as possible.
Intellectual Property: This Contract does not constitute a transfer of any intellectual property rights held by ValueFeet on the SCANNER or its components. If you provide ValueFeet with an idea, proposal, or comment (collectively “Suggestions”) regarding possible improvements to the SCANNER, you grant ValueFeet, free of charge and without any entitlement to royalties or other benefits, all intellectual property rights related to these Suggestions, including the right to make or have made modifications to the SCANNER based on your Suggestions.
No Access to Emergency Services: ValueFeet is not obligated to provide emergency services.
Miscellaneous: ValueFeet is authorized to assign, transfer, or otherwise dispose of its rights and obligations under the Contract, in whole or in part, at any time and without notice. However, you are not authorized to assign, transfer, or dispose of the rights arising from the Contract in whole or in part. These terms constitute the entire agreement between you and ValueFeet regarding the sale of the SCANNER. If a competent court determines that we cannot enforce a clause of these terms as formulated, it will be replaced by a clause whose terms are as close as possible to the intent of the clause deemed inapplicable, but the other clauses of these terms will not be modified in any way. These terms are exclusively entered into for the benefit of the parties hereto. They may not benefit any other person, except for the successors and assigns of ValueFeet.
Export Regulations: You agree to comply with all national and international export laws and regulations, including restrictions on end-users, end-use, and destination countries.
Applicable Law and Dispute Resolution: The Contract is subject to French law, excluding conflict of laws rules. Considering that customers domiciled in France purchase the SCANNER for the purposes of their farrier activity, the provisions of the French Consumer Code do not apply, including the right of withdrawal stipulated in Articles L.221-3 and L.221-5 2° of this code. Any dispute concerning the Contract will fall under the exclusive jurisdiction of the Commercial Court of Bordeaux, France.
Warranty: THE LEGAL WARRANTY AGAINST HIDDEN DEFECTS APPLIES TO THIS SALE. YOU ACKNOWLEDGE AND ACCEPT THAT INFORMATION TECHNOLOGY AND TELECOMMUNICATION SYSTEMS ARE NOT DEFECT-FREE, AND SERVICE INTERRUPTIONS MAY OCCUR OCCASIONALLY. WE CANNOT GUARANTEE THAT THE SCANNER WILL NEVER EXPERIENCE FAILURES. WE EXCLUDE ALL WARRANTIES OTHER THAN THOSE EXPRESSLY STATED IN THESE TERMS.
NOT COVERED BY THE WARRANTY: Damage to the SCANNER caused by a third party or resulting from intentional or willful 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 ValueFeet; Loss of data; Replacement of consumable parts and/or wear parts; SCANNERS whose serial number has become illegible, modified, or removed; Damages originating from an external cause. ValueFeet shall not be held liable, in any way, for any damage resulting from the customer’s activity. ValueFeet only undertakes to provide software allowing the customer to model horses’ feet and configure the horseshoes that the customer designs for subsequent manufacturing in accordance with the customer’s specifications.
Security Warning: To avoid potential eye strain, discomfort, or any other health issues, it is advisable to take regular breaks when using computer equipment, especially screens, particularly if you experience any pain or fatigue. In case of discomfort, take a break. Discomfort may manifest as feelings of nausea, motion sickness, dizziness, disorientation, headaches, fatigue, eye strain, or dry eyes. Using applications may distract you and obstruct the environment around you. Avoid obstacles, stairs, low ceilings, valuable and fragile items that could be damaged. A small percentage of people may experience epileptic seizures when exposed to certain images such as flashing lights or patterns appearing on the screen. Even people who have never experienced such seizures may have an undiagnosed predisposition. Symptoms may include dizziness, vision impairment, seizures, contractions, or tremors, disorientation, confusion, or loss of consciousness. If you experience any of these symptoms, stop use immediately and consult a doctor.