Terms and Conditions of Sale - Qista

Preamble - Definitions and Scope

The www.qista.com website is an “e-commerce” sales website (hereafter referred to as the “Site”) which can be accessed via the Internet and is published by TECHNO BAM, a simplified joint stock company with capital of 114,285 Euros, listed on the TARASCON RCS under No. 802 951 467. Its headquarters are located at 130 avenue du Luberon 13560 Sénas - France.

These Terms and Conditions of Sale (hereafter referred to as the “Sales Conditions”) define the terms and conditions under which TECHNO BAM:

- sells mosquito traps and the related consumables, in the form of packs defined below, to individual consumers and professionals (hereafter referred to as the “Customer(s)”);
- and provides Customers which have purchased a mosquito trap on the website (www.qista.com) with one or several bottles of gas (hereafter referred to as the “gas bottle(s)”) compatible with the aforementioned mosquito traps designed and marketed by TECHNO BAM.

The products marketed on the www.qista.com website and to which these Sales Conditions apply are as follows:

  • The “Smart BAM” pack composed of a Smart BAM mosquito trap, a voucher for a 10kg gas bottle , a traditional mosquito lure and/or a tiger mosquito lure, and a prepaid plan for provision of the gas bottle for two months.
  • The mosquito capture net.
  • The TECHNO BAM synthetic lures.
  • A waterproof protective cover.
  • The vouchers for gas bottle refills for those who have purchased a BAM.

Where applicable, if marketing of the products defined above is governed by a different legal system, a distinction is made in these Sales Conditions between providing and refilling the gas bottles, and marketing all the other products.
These Sales Conditions do not apply to orders made by community groups for which specific conditions are applied. These may be requested by emailing the following address: contact@qista.com..

Structure of the Terms and Conditions of Sale

1ère partie : stipulations générales
2ème partie : conditions particulières relatives à l’achat de l’ensemble des produits hors bouteilles de gaz
3ème partie : conditions particulières relatives à la mise à disposition de bouteilles de gaz


Part 1: General provisions

Article 1 – Entire Agreement

1.1 These terms and conditions express all the parties’ obligations. Accordingly, the buyer is considered to accept them unreservedly.

1.2 The vendor and the buyer agree that these terms and conditions govern their relationship exclusively. The vendor reserves the right to occasionally modify its terms and conditions. These modifications shall apply as soon as they are put online.

1.3 In the event a certain sales condition were not present, it would be considered to be governed by the practices in force in the distance selling sector for companies with headquarters in France.

Article 2 – Purpose

2.1 These terms and conditions aim to define the rights and obligations of the parties within the framework of the online sale of goods proposed by the vendor to the buyer.

2.2 These conditions only concern purchases made by buyers located in mainland France and delivered exclusively within France. For all deliveries outside France, please email contact@qista.com.

Article 3 - Order Conditions

Article 3.1 - Creation and Management of an Account

An account needs to be created before ordering an item on the www.qista.com website.

The internet user registers with the www.qista.com website by correctly completing the registration form displayed on the screen.

In particular, the internet user provides the information required for identification (including their surname, first name, a valid email address and a password of their choice) which will be used later to log onto the Site.

Internet users who already have an account must log onto the Site by entering their email address and password in the “Access your account” box.

The internet user accepts that entering these two pieces of information is proof of their identity.

Providing personal information collected within the framework of distance selling is required to process the order and deliver the products, as well as to draw up invoices for customers who undertake to provide sincere information.

This information is strictly confidential.

However, the internet user has the right to access and correct this information, in accordance with Article 11 of these terms and conditions.

An email confirming the creation of an account shall be sent to the internet user at the address they provided when creating the aforementioned account.

As soon as an internet user orders their first item on the website TECHNO BAM completes the Customer's account by registering all the information collected (invoicing address, delivery address and telephone number), as well as the username and password.

If there is a change to the address in a Customer’s account, this modification shall be taken into account in future orders.

If an order is already being processed, the Customer shall contact Customer Services on 08 06 11 06 40 (cost of a local call).

Article 3.2– Order Terms and Conditions

To order an item the Customer must enter the details of the order, log in or create an account (see Article 1) and check that the collection address, the products and quantities ordered, the price of the products, the price of the consignment and the order total are correct.

During the order process the Customer can return to earlier stages at any time to modify the data entered.

Before payment all the data entered by the Customer corresponding to the order is visible on the screen.

After reading their order carefully, and once the Customer has provided all the information required, the latter may only access the next step by confirming that they have read and accepted these terms and conditions by ticking the "I have read and accept the Terms and Conditions of Sale” box.

The Customer can then proceed to the payment procedure in accordance with the rules and conditions set out below in Article 3.4 - Payment.

After confirmation and completion of the payment procedure for their order, the Customer receives an order confirmation email. This summarises all the essential information establishing the contract between the Customer and TECHNO BAM.

TECHNO BAM reserves the right not to confirm the order in the event of existing dispute(s) with the Customer, total or partial non-payment of a previous order by the Customer, card payment not authorised by banking bodies or dispute over the return of products ordered previously.

Article 3.3 - Invoicing

An invoice shall be available in the Customer’s account the day after they take possession of the product.

Invoices are paid in full.

It is recommended that Customers download this document onto a sustainable medium.

Article 3.4 - Payment

The amount due by the Customer is the amount indicated on the order summary the Customer reads before confirming the order. That amount is then recalled after payment in the summary document emailed to the Customer's email address by TECHNO BAM.

To pay for an order online by card the Customer must send the card number, the card’s expiry date and the security code (the 3-figure number indicated on the back of the card) to a secured website).

At that point only a request to authorise payment from the Customer’s account shall be made. Payment made be made with the following cards: debit card, Visa, Mastercard, Maestro E Carte Bleue, JCB, Cofinoga, Illicado, Maxichèque, Aurore, 1EURO.COM, Paypal, Leetchi, and via the E-transactions system set up by Crédit Agricole.

This payment system benefits from the 3DS Secure guarantee and enhanced monitoring system, making it possible to pay for products in three instalments without interest (the conditions for making such a payment in instalments are provided on the E-transactions website and customers may read them by clicking on the hypertext link which can accessed when the order is paid for).

The Customer may also pay for products with a cheque drawn on a French bank account and sent to TECHNO BAM at the address indicated on Page 1.

The Customer may also pay for products via bank transfer. Bank details shall then be provided by email to make payment.

In that instance, the time frame for provision and delivery of products shall only begin once the cheque has cleared or the transfer has been received.

In the event of payment by cheque, TECHNO BAM reserves the right to verify the Customer’s identity.

Within the framework of such verification, the buyer may be asked to send the vendor a fax containing a copy of their ID as well as proof of address.

The order may therefore only be approved after the vendor has received and verified the documentation sent.

TECHNO BAM checks the validity of the payment to be made until the date the products are provided and reserves the right to cancel an ongoing order where applicable.

In the event of card payment, TECHNO BAM shall, as far as possible, seek to ensure that the bank account linked to the customer's card payment is debited with the amounts due within 5 working days of the order.

However, it is specified that the payment authorisation given by the Customer to TECHNO BAM is valid for 365 days following the bank payment authorisation date.

An order shall be considered complete when all the products ordered have been collected or received and the Customer has paid for the Products, as well as any other potential costs they have incurred, in full.

Article 3.5 – Electronic Signature

In accordance with the provisions of the Law of 13 March 2000, by providing their card number online (or sending a cheque to TECHNO BAM's headquarters) and validating the order, the buyer confirms their agreement with regard to the following:

- Payment of the amounts due in line with the purchase order;
Signature and express acceptance of all transactions performed.

In the event of fraudulent use of the bank card, or loss or theft of the cheque, the buyer is invited to contact 08 06 11 06 40 (cost of a local call) as soon as such fraudulent use is observed.

Article 4 - Product Information

The products governed by these terms and conditions are those featured on the vendor's website and indicated as sold and dispatched by the vendor. They are available while stocks last.

The description and presentation of products is as accurate as possible.

However, if errors or omissions have occurred with regard to their presentation the vendor shall not be held accountable.

Photographs of the products are not legally binding.

Article 5 - Price

The vendor reserves the right to modify their prices at any time but undertakes to apply those in force and indicated when the order was placed, subject to availability on that date.

The prices are given in Euros.

They do not take into account delivery costs which are invoiced separately and provided before confirmation of the order. The prices include the amount of VAT applicable on the day of the order and any change in the rate of VAT shall automatically affect the price of products in the online store.

Payment of the price in full must occur when the order is placed. At no time may any amounts paid be considered deposits or down payments.

If one or several taxes or contributions were to be created or their rate increased or decreased, particularly in the field of the environment, such a change may affect the sale price of products.

Article 6 - Partial Non-Validation

If one or several provisions in these terms and conditions are held to be invalid or declared to be such in application of a law, a regulation or following a definitive ruling by a competent court, the other provisions shall retain their full force and scope.

Article 7 - Non-Waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these terms and conditions may not be interpreted in the future as waiving the obligation concerned.

Article 8 - Title

In the event of problems interpreting any of the titles included at the beginning of clauses in relation to any of those clauses, the titles shall be declared to be non-existent.

Article 9 - Force Majeure

9.1 Any circumstances beyond the parties’ control which prevent their obligations from being executed under normal conditions are considered to be reasons for the parties’ obligations to be exempt and shall lead to their suspension.

9.2 The party which invokes the circumstances referred to above must immediately inform the other party of what has occurred, as well as when those circumstances come to an end.

9.3 The following shall be considered cases of force majeure: any compelling events or circumstances beyond the parties’ control which are unpredictable and inevitable, and which cannot be prevented by the latter despite all possible reasonable efforts to do so. As well as those usually retained in French jurisprudence, the following are expressly considered cases of force majeure or exceptional circumstances: blocking of means of transportation or supply chains, earthquakes, fires, flooding, lightening, halting of telecommunication networks or problems related to telecommunication networks beyond those of customers.

9.4 The parties shall come together to examine the impact of the event and agree conditions under which execution of the contract shall be continued. If the case of force majeure lasts for more than three (3) months, these terms and conditions may be terminated by the injured party.

Article 10 – Applicable Law

The language of this contract is French.

These terms and conditions are subject to application of French law, with the exclusion of the provisions of the Vienna Convention. This is true for both form and substance.

In the event of a dispute or a complaint, the buyer shall contact the vendor in the first instance to try to reach an amicable solution.

Failing this, the Customer may initiate legal proceedings in the jurisdiction of their choice. In the event of litigation, the French courts alone shall be competent.

If the Customer is a professional to whom the Consumer Code does not apply, any disputes related to this document shall fall under the competence of the AIX EN PROVENCE (13) Regional and Commercial Courts.

Article 11 - Intellectual Property

All elements of the www.qista.com website are and remain the intellectual and exclusive property of TECHNO BAM. No one is authorised to reproduce, operate, redistribute or use any elements of the site, be they software, visual or sound-based, for any reason, even partially. Any simple or hypertext links are strictly forbidden without express written agreement from TECHNO BAM.

Article 12 - Personal Data

TECHNO BAM reserves the right to collect personal data about the Customer. This is required to manage their order and improve the services and information TECHNO BAM sends them.

It may also be sent to firms which contribute to these relations such as those charged with executing services and orders in terms of management, execution, processing and payment. This data is also held for security purposes to comply with legal and regulatory obligations.

In accordance with the Law of 6 January 1978, the Customer has the right to access, correct and contest their personal data directly via the website.

Part 2 - Special Conditions for All Products Except Gas Bottles

Article 13 – Dispatch and Delivery Conditions

Delivery Deadlines

13.1 Except in the event of a case of force majeure or periods when the online store is closed which shall be clearly announced on the site’s homepage, the delivery deadline shall be fourteen (14) working days from the date the order is registered as indicated on the order confirmation email, while stocks last.

13.2 In the event that the contractual deadlines are not respected, the buyer may terminate the contract in writing, sent by recorded delivery with acknowledgement of receipt, having demanded that the vendor delivery the item(s) or provide the service within an additional reasonable time frame. However, the buyer may, if they so wish, immediately terminate the contract if the dates or deadlines referred to above constitute an essential condition of the contract for them.

13.3 In that instance, when the contract is cancelled the vendor must refund the buyer any amounts already paid at the latest within 14 days of termination of the contract.

Product Unavailability

13.4 If some products are unavailable and revealed to be such after an order has been placed, the Customer shall be informed as quickly as possible by telephone or email and shall be offered a replacement solution by TECHNO BAM's Customer Services department. If the solution proposed is not acceptable to the Customer, the Customer’s order shall be cancelled and any amounts already paid shall be refunded within 14 days at the latest of the cancellation request and no costs shall be invoiced to them.

Delivery

13.5 Items are only delivered after payment has been confirmed by the vendor's banking establishment. For information purposes only, and without TECHNO BAM being held accountable therein, the carrier has undertaken with TECHNO BAM to deliver items to Customers within three (3) working days of dispatch for mainland France, excluding Corsica and islands not connected to the mainland via a bridge.

13.6 The products ordered are delivered by any carrier freely chosen by the vendor.

13.7 The products are delivered to the address indicated by the buyer on the purchase order. The buyer must ensure it is correct. Any package returned to the vendor because of an erroneous or incomplete delivery address shall be dispatched again at a cost to the buyer. The buyer may request that the invoice be sent to the invoicing address and not the delivery address.

13.8 If the buyer is absent on the day of delivery, the carrier shall leave a delivery note in the letterbox which will enable the package to be collected at the place and time indicated.

Condition of Products Upon Delivery

13.9 If the original packaging is damaged, broken or open when it is delivered, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and make a note of their refusal on the delivery form (package refused because open or damaged).

13.10 The buyer must indicate any anomalies concerning the delivery (damage, product missing compared to the delivery slip, package damaged, products broken, etc.) on the delivery slip in the form of written comments accompanied by their signature.

13.11 This type of verification is considered to have been carried out as soon as the buyer or an individual authorised by them has signed the delivery slip.

13.12 The buyer must then confirm these comments with the carrier, sent by recorded delivery, at the latest within two working days of receipt of the item(s) and send a copy of that letter by fax or post to the vendor at the address indicated on the Legal Information page of the website.

13.13 If the products need to be returned to the vendor, a return request must be made to the vendor within 7 days of delivery. Any complaints made beyond that time may not be accepted. Product returns may only be accepted for products in their original condition (packaging, accessories, instruction notices, etc.).

Products Delivered Erroneously or Non-compliance

13.14 The buyer must lodge any complaints about delivery errors and/or non-compliance of products with regard to their type or quality compared to the information on the purchase order with the vendor the same day as the delivery or at the latest the first working day after delivery. Any complaints made beyond that time shall be rejected.

13.15 The buyer can choose to lodge a complaint either by telephone on 08 06 11 06 40 (cost of a local call) or by email: contact@qista.com

13.16 Any complaints not made in accordance with the rules defined above and within the given deadlines may not be taken into account and shall discharge the vendor’s liability vis-à-vis the buyer.

13.17 Upon receipt of the complaint, the vendor shall allocate an exchange number for the product(s) concerned and shall communicate it to the buyer by email. A product may only be exchanged after an exchange number has been allocated.

13.18 In the event of a delivery or exchange error, all products to be exchanged or refunded must be returned to the vendor by Colissimo Recommandé, or any other means compatible with the size or weight of the product, in their entirety and in their original packaging to the following address: 130 avenue du Luberon 13560 SÉNAS.

13.19 Return costs are borne by the vendor and the latter undertakes to refund the buyer within 14 working days of presentation of proof of re-delivery costs.

Article 14 - Product Warranty

14.1 TECHNO BAM, whose headquarters are located at 130 avenue du Luberon 13560 SÉNAS, guarantees the compliance of the goods in this contract, enabling the buyer to request the legal compliance warranty provided for in Articles L 211-4 et seq. of the Consumer Code or the faulty goods warranty within the meaning of Articles 1641 et seq. of the Civil Code.

14.2 In the event of implementation of the legal compliance warranty, it is recalled that:
- The buyer has two (2) years from being issued with the item to act;
- The buyer may choose between repairing or replacing the goods subject to the cost conditions provided for in Article L 211-9 of the Consumer Code;
- The buyer does not have to demonstrate that the goods do not comply for six (6) months after the goods are issued.
It is specified that from 18 March 2016 the abovementioned deadline shall be extended to twenty-four (24) months, except for second-hand goods.

14.3 Further, it is recalled that:
- The legal compliance warranty is applied independently of the commercial warranty referred to below;
- The buyer may decide to implement the hidden defects warranty within the meaning of Article 1641 of the Civil Code. In that instance, they may choose either to cancel the sale or accept a reduced price, in accordance with Article 1644 of the Civil Code.

14.4 The products sold are covered by a commercial warranty seeking to guarantee their compliance and ensure a refund for the purchase price, replacing or repairing the goods. It does not cover faults caused by abnormal or incorrect use or resulting from a cause unconnected to the intrinsic qualities of the products. This warranty may be exercised within two years of issuing the goods in the same way as the legal warranties.

14.5 The abovementioned provisions do not exclude application of the legal compliance warranty of Article 211-4 of the Consumer Code and the faulty goods warranty of Articles 1641 et seq. of the Civil Code.

Article 15 - Right to Withdraw

15.1 In accordance with the provisions of the Consumer Code, the buyer has fourteen (14) working days from the date of delivery of their order to return any items which they do not want and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

15.2 Only products returned intact and in their entirety in their complete original packaging in perfect condition for resale shall be accepted. Any products which have been damaged or whose original packaging has been damaged shall not be refunded or exchanged.

Article 16 – Returns Procedure - Refunds

16.1 Having communicated their decision to withdraw from the contract, the buyer then has 14 days to return the goods.

16.2 The complete, intact product in its original packaging must be returned to the vendor by Colissimo Recommandé, or any other means compatible with the size or weight of the product, to the following address: 130 avenue du Luberon 13560 SÉNAS

16.3 The right to withdraw does not incur any penalties, it being understood that the return costs are the responsibility of the buyer. In the event of an exchange, redelivery shall be paid for by the buyer.

16.4 The vendor must refund the buyer any amounts already paid, including delivery costs, without unjustified delay and at the latest 14 days from the date on which it was informed of the consumer’s decision to withdraw from the contract. However, the vendor may defer the refund until it has recovered the goods or until the buyer has provided proof that the goods have been dispatched, the date retained being the first of those two events.

Part 3 – Special Conditions for the Provision of Gas Bottles

Article 17 - General Framework for Provision

17.1 A full bottle of gas is provided for all purchases of a STARTER KIT Smart BAM. The bottle is a CARBOPUB LN3 (10 kg) one from the AIR LIQUIDE brand.

17.2 The bottle is not sold to the Customer and remains the property of AIR LIQUIDE. Consequently, it may not be lent, borrowed, transferred or alienated by the Customer. Only the gas contained in the bottle is sold to the Customer.

17.3 The gas bottles may only be used to operate the QISTA traps and may not be used to house any products apart from AIR LIQUID ones. The bottles may only be filled by AIR LIQUIDE which guarantees the smooth operation of its equipment and freely replaces any bottle recognised to be defective because of an inherent fault. However, it is the responsibility of the Customer, who is legally responsible for the bottles, to indicate any abnormalities or irregularities in its operation, as well as any faults which might occur during use. The bottles may only be repaired or modified in any way by AIR LIQUIDE.

17.4 When using the gas bottles the Customer must comply with the instructions in the “Safety Information - 018AL001GIS” booklet attached to these terms and conditions.

17.5 TECHNO BAM may not be held responsible for any accidents or physical or material damage which might occur during use of the gas, particularly following incorrect installation or non-observation of the safety instructions recalled in the information notice featured below.

17.6 In the event that the Customer loses or damages the gas bottle, they shall be invoiced for the replacement value in accordance with the current price, either when it is exchanged for a full one or when it is definitively returned. As the equipment remains the inalienable property of AIR LIQUIDE, invoicing lost parts would not constitute a sale.

17.7 Review of CO2 Prices: Prices evolve every year on the basis of negotiations with gas suppliers and the review formula set out below which is representative of the structure of costs and how they change:

P = Po (0,6 ICHTREV TS/ ICHTREV TSo + 0,4 EBIQ / EBIQo

Meaning of the equation:

P = price resulting from the review.

Po = Basic price excluding all taxes.

ICHTREV TS = last known value of the “Cost of Work-Revised - All Employees, Mechanical and Electrical Industries” index.

EBIQ = last known value of the “Energy, Intermediary Goods and Investment Goods” index.

Value of the indices on the date basic prices are set;

Annual indexing of prices in May of each year.

Article 18– Duration of the Provision

18.1 Gas bottles are provided for two months. A deposit of €85, excluding tax, is invoiced to you when you start up your BAM or when you first purchase a pack of consumables at the start. This deposit is refunded upon definitive return of your bottle at the end of the season.

18.2 The 2-month period starts when you purchase a STARTER KIT Smart BAM pack from the date the letter containing the “first collection voucher” is sent, as provided for in Article 19.

18.3 This one-year provision shall be renewed for the same period every time the gas bottle is refilled, as provided for in Article 20.

18.4 The customer has 2 months to return the bottle provided.

The Customer's attention is therefore drawn to the importance of changing their contact details where necessary to enable TECHNO BAM to contact them.

TECHNO BAM may not be held responsible for changes to the Customer's details which have not been communicated to it properly in writing.

18.5 If the Customer does not return the bottles 2 months after their collection, they shall be liable for a fixed penalty payment of four hundred (400) Euros, including all taxes, per unreturned bottle.

Article 19 - Initial Method for Issuing Gas Bottles

Following an order for a STARTER KIT Smart BAM, TECHNO BAM undertakes to send out a “first collection voucher” with the STARTER KIT Smart BAM.

When they place their order, the Customer defines the AIR LIQUIDE distribution point where they would like to collect their product from the list proposed by TECHNO BAM.

This “first collection voucher” must be presented in paper form upon collection at the AIR LIQUIDE distribution point allocated during the order.

Article 20 - Exchange of Gas Bottles

20.1 The Customer may exchange their gas bottle at any moment and an illimited number of times by placing an order via their Customer account on the www.qista.com website in accordance with the prices in force on the website when the order is placed.

20.2 When they place their order the Customer defines the AIR LIQUIDE distribution point where they would like to collect their product from the list proposed by TECHNO BAM.

20.3 An “exchange voucher” is required to collect a bottle. This voucher must be presented in paper form at the AIR LIQUIDE distribution point accompanied by the bottle to be exchanged.

20.4 This exchange voucher is sent by post within 48 working hours of the order.

Article 21 - Returning Gas Bottles

21.1 The Customer may return the gas bottle(s) in their possession at any time. To do this they must present the “return voucher” in paper form in order to return their gas bottle.

21.2 If a Customer does not return the gas bottles concerned they shall be liable to pay a fixed penalty payment of four hundred (400) Euros, including all taxes, per unreturned bottle.

Article 22 - Withdrawal Deadline

As per Article L 121-6-16-2 of the Consumer Code, Section 2 of the first chapter of Title II of the first book of the same Code on contracts concluded remotely and off-premises does not apply to distance selling of gas bottles.

In accordance with the aforementioned provisions of the Consumer Code, the Customer does not have the right to withdraw with regard to the distance purchase of one or several gas bottles.

Article 23 - Confidentiality

TECHNO BAM authorises Google Analytics to collect data on its traffic via login details and Google advertising cookies, as well as information collected via standard implementation of Google Analytics.

TECHNO BAM guarantees not to identify users and does not authorise the combining of data where internet users can be personally identified with anonymous data collected via Google features or advertising products, except with the prior consent of the user of the www.qista.com website (through activation). As regards such identification or combining of data, a Google Analytics feature is expressly responsible for this identification or combination. Irrespective of user consent, TECHNO BAM undertakes not to distribute the data Google collects globally.

Qista - Mosquito Traps
130 Avenue du Luberon
13560 Sénas
Tél. +33 (0) 806 110 640 (cost of a local call)

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