1. Legal Information and Scope of Application
AZOTH SYSTEMS, hereinafter referred to as the “Service Provider” or the “Seller”, has specialised for many years in providing diving safety services.
The company offers tailor-made programs to support industrial groups and businesses that deploy divers and wish to optimise their performance in matters of safety.
AZOTH SYSTEMS also meets the needs of divers by developing O’DIVE, a patented technological innovation based on professional practices and many years of research in the field of development and validation of diving procedures.
O’DIVE consists of an acoustic sensor connected to a personalised application allowing divers to objectify their choices of procedures and to optimise their practice taking into account gas microbubbles detected in the venous system after diving.
- “Access”: services that provide access to the Service hosted by Service Provider.
- “Internet”: all of the interconnected IT and telecommunications networks, worldwide, that provide users with access to content, through servers; each component of this network is owned by private and public bodies and operated cooperatively, without any bilateral quality obligation.
- “Service” refers to all of the services as described herein.
- “Software Solutions”: IT programs hosted on the servers of Service Provider, which can be used remotely by User.
- “User” refers to any person authorised to connect to the Services, in accordance with the provisions of the Agreement.
1.3. Legal information
AZOTH SYSTEMS, a société par actions simplifiée with a share capital of EUR 290,124.00, having its registered office at 93 Forum de la Méditerranée, 83190 Ollioules, France, registered with the Toulon Trade and Companies Register since 18th August 2008 under number 507 719 698, represented for the purposes hereof by its current Chief Executive Officer Axel Barbaud, acting in this capacity and duly authorised, hereinafter referred to as “AZOTH SYSTEMS” or the “Seller”.
1.4. Scope of application
- To any order, purchase or any other means allowing to obtain the following:
- O’DIVE sensor and customised measurement packs provided directly via the AZOTH SYSTEMS sales platform; and
- O’DIVE sensor through a reseller.
- To Buyer’s Account and upon creation thereof;
- To loading and/or use of User Data and/or to access to such User Data.
Any order of products or of the Service implies Buyer’s unreserved acceptance of and full adherence to these Terms and Conditions of Sale, it being further specified that such Terms and Conditions of Sale shall prevail over any of Buyer’s other documents, including over any terms and conditions of sale, unless expressly agreed to otherwise by AZOTH SYSTEMS.
Any document other than these terms and conditions of sale, including catalogs, prospectuses, advertisements, leaflets, are provided for guidance and information purposes only and are non-contractual.
These Terms and Conditions of Sale are provided to any Customer who so requests, to allow them to place an order with AZOTH SYSTEMS
They are available on the website: https://o-dive.com and shall prevail, where necessary, over any other version or any other contradictory document.
2. Pre-contractual Information
12.2. Force majeure
Neither party shall be liable for breach of its contractual obligations resulting from a case of force majeure, as such term is usually defined by the case-law of French courts.
First, the subscription shall be suspended for a period of one month.
Should the case of force majeure exceed one month, the contractual relationship may be terminated by either party at any time by registered letter with acknowledgement of receipt sent to the other party, without notice nor compensation for either party.
Events considered as force majeure, other than those usually considered as such by case-law in France, include: wars, civil unrest (strikes or lock-outs), acts of terrorism, extreme weather, epidemics, earthquakes, floods, water damage, fires, blockades affecting means of communication, transport or supply (including telecommunication networks) etc.
The party invoking a case of force majeure shall inform the other party as soon as possible by registered letter with acknowledgement of receipt. This letter shall include a brief description of the event presenting the characteristics of force majeure as well as an estimation of its duration and shall further inform the other party of the foreseeable consequences of such force majeure on the performance of the agreement.
Each party undertakes to take all measures necessary to limit the adverse impact of the force majeure on the other party.
13. Claims, Termination and Right of Withdrawal
13.1. Termination at the initiative of AZOTH SYSTEMS
AZOTH SYSTEMS has a unilateral termination right, which it can exercise by sending a registered letter with acknowledgement of receipt, subject to one month’s prior notice.
13.2. Termination at the Initiative of User
The termination conditions of the subscription taken out by User are set out in the Terms and Conditions of Use relating to the AZOTH SYSTEMS services.
13.3. Right of Withdrawal
In accordance with legal provisions in force, Customers who expressly fulfill the conditions laid down in Article L.221-8 of the French Consumer Code have a period of 14 (fourteen) days as of the Product being delivered to exercise their right of withdrawal vis-à-vis the Seller, without having to justify reasons nor pay penalties, for the purposes of an exchange or a refund, subject to the Products being returned in their original packaging and in perfect condition within 14 (fourteen) days as of Seller receiving notification of Customer’s decision to withdraw.
Returns are to be made in their original condition and in full (packaging, accessories, leaflet…) for resale in their unused condition, accompanied by the purchase invoice.
Products that are returned incomplete, damaged or dirty will not be taken back
Such right of withdrawal can be exercised online, using the withdrawal form available on the website, in which case an acknowledgement of receipt on a durable medium shall immediately be sent to Customer by Seller, or by any other statement expressing unambiguously Buyer’s intention to withdraw.
Should a right of withdrawal be exercised in the aforementioned timeframe, only the price of the Product(s) purchased and the delivery costs shall be refunded; return costs are borne by Customer.
Exchanges (subject to availability) and refunds shall be carried out within 14 (fourteen) days as of Seller receiving the Products sent back by Customer under the conditions set out in this Article.
13.4. Exception to Right of Withdrawal
In accordance with the provisions of Article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised in the case of supply of services agreements that are immediately enforceable and for agreements pertaining to the supply of goods that have been unsealed by the consumer further to delivery and cannot be sent back on the grounds of health protection and hygiene.
AZOTH SYSTEMS may transfer its rights and obligations hereunder to any company, organisation or person at any time as long as such transfer does not significantly affect Buyer’s rights.
Buyer cannot transfer its rights and obligations hereunder without the prior written consent of AZOTH SYSTEMS.
14.2. Applicable Law
These Conditions and the order contract shall be governed by French law with respect to all provisions and consequences.
In the event of a dispute that cannot be resolved amicably, the competent court shall be that of the place of residence of the defendant. If, however, the proceedings are brought by Buyer, the latter has the possibility of doing so in the court of its place of residence, providing such place of residence is in France.
The Parties elect domicile at the addresses set out in the order contract and notifications shall be sent thereto, save in the case of change of address, which shall be notified to all other parties as soon as practicable. In case of change of address, any notification sent to the addresses set out in the contract or to the latest address for which notification was made shall be deemed valid, unless demonstrated that the party having sent the notification was aware of the effective address of the party to whom such notification was sent.
14.3. Entire Agreement
If one or more provisions of the Terms and Conditions of Use are found to be null and void or invalid under any rule of law or regulation or as a result of a legal or regulatory decision that is final, all other provisions shall remain fully in effect.
AZOTH SYSTEMS shall make its best efforts to substitute for such provision a valid provision that most closely approximates the intent of these terms and conditions.
No failure by either party to require the application of any clause contained herein, whether temporarily or permanently, may be construed as a waiver thereof.
These Terms and Conditions and any other document expressly referred to herein constitute the entire agreement between AZOTH SYSTEMS and Buyer and supersede all previous exchanges, correspondence and negotiations relating to the subject matter hereof.
Headings and sub-headings contained herein are for ease of reference only. The parties expressly agree that such headings and sub-headings shall not affect the interpretation of any provision contained herein.
14.4. Pre-contractual Information – Customer Acceptance
Customer acknowledges having been provided with these Terms and Conditions of Sale in a legible and understandable form prior to placing the order and entering into the agreement along with all the information set out under Article L.221-5 of the French Consumer Code, including the following information:
- the Product’s essential characteristics, taking into consideration the communication medium used and the Product concerned;
- the price of Products and of related costs (delivery, for example);
- in the absence of immediate implementation of the contract, the date or timeframe within which Seller undertakes to deliver the Product;
- information relating to Seller’s identity, its telephone, post and electronic contact details, and its activities, if not already apparent from the context,
- information relating to the legal and contractual warranties and the practicalities of their implementation;
- the functionalities of the digital content and, where applicable, its interoperability,
- the possible to have recourse to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, timeframe, ways in which such rights can be exercised and standard withdrawal form), to the cost for returning the Products, to the terms governing termination and other important contractual conditions;
- accepted methods of payment.
Customer expressly acknowledges that any order by a natural or legal person on the AZOTH SYSTEMS website shall imply unreserved acceptance of and full adherence to these Terms and Conditions of Sale, and the obligation to pay the ordered Products. Customer relinquishes the right to use any contradictory document, which would be unenforceable against Seller.