GENERAL CONDITIONS OF SALE AND USE
These General Terms and Conditions of Sale and Use («TC’s») apply, without restriction or reservation, to the sale and use of all the Products (hereinafter the «Products») sold by NOVO SENSO, SAS with a capital of 2,000 €, whose registered office is at 1733 route du Salève - 74560 MONNETIER-MORNEX, FRANCE registered with the trade and companies registry of THONON-LES-BAINS under number 852 126 150 («NOVO SENSO») with individual customers (“Customer(s)”) wishing to use the Products.
These TC’s are not applicable to sales made to Professionals (separate specific terms and conditions apply to them).
These TC’s are systematically communicated to all Customers prior to any sale and will prevail, where applicable, over any other version or any other contradictory document. They may, if necessary, be supplemented or modified by special conditions mentioned in the estimate. They are accessible at any time on the website: www.novostable.com. Changes to these TC’s are binding on users of the www.novostable.com website from the time they are put online and cannot be applied to transactions concluded previously.
The validation of the order by the Customer constitutes acceptance without restriction or reservation of these TC’s which the Customer declares to have read before his order and which he declares to accept. These terms & conditions may be subject to subsequent modifications, the applicable version is that in force on the date of the order.
The provisions hereof relating to the subscription and use of the Application are likely to change following changes in our services and/or regulations. The Customer can access the most recent version of these TC’son the Application. Any user of the Products will be informed of developments in order to be able to use the NOVO SENSO services with full knowledge and will have the possibility of accepting or rejecting them.
If the Customer no longer agrees with these TC’s, he has the option of terminating his subscription under the conditions referred to herein.
2. Definition of Products
The Products offered for sale by NOVO SENSO are smart cameras - to be installed in horse boxes equipped with software («the Software») allowing:
To make videos of the box in which the horse is located and to access the said videos via the mobile application in real time, to access the videos taken in the previous month,
To detect certain abnormal behaviors of the horse,
To have certain statistical data (time spent by the horse in and out of the box),
To take the temperature and humidity of the box.
These cameras are intended only to be installed in horse boxes. The Customer must either be equipped with a wifi internet connection or purchase Products equipped with a 3G / 4G key.
The internet connection methods differ depending on the configuration and the option chosen by the Customer (wifi or 3G/4G key). The Customer’s attention is drawn to the fact that a Product sold for a wifi connection cannot be used with a 3G/4G key and vice versa.
Once the Products have been installed, the Customer can consult at any time the data and videos collected by the sensors on the NOVOSTABLE mobile application (hereinafter «the Application»), which can be downloaded on his mobile phone. NOVO SENSO thus grants the Customer a license to access the Smart Cam One solution (the «License»).
The purchase of a Product automatically entitles you to one month’s free (License) subscription to the NOVO SENSO Application.
Any license is granted on a strictly personal basis to the Customer who may nevertheless share their Application access codes with a maximum of 5 other users, at no additional cost. It is up to the Customer to request through his Customer account a modification of said access codes if he no longer wishes to allow one of said users to access the Application.
3. Product characteristics
The main characteristics of the Products and in particular the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the website www. novostable.com.
The Customer is required to read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website www.novostable.com are not contractual and cannot engage the responsibility of NOVO SENSO.
The Customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract.
Provisions common to all orders
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website and that he is over 16 years of age.
It is the Customer’s responsibility to check before any order whether the internet configuration available to him allows him to use the Products ordered with wifi internet access or with a 3G / 4G key. NOVO SENSO does not refund or exchange Products ordered by the Customer with an internet configuration that does not correspond to his needs / internet access possibilities.
It is up to the Customer to select on the website www.novostable.com the Products and subscriptions he wishes to order, according to the following terms:
On the Website, at any time, the Customer can:
choose one or more types of “Smart Cam One WIFI” or “Smart Cam One 3G / 4G” Products
obtain the details of the Products he has selected, by clicking on «see the product»
continue to select Products by clicking on «continue shopping»,
complete his selection of Products and order these Products by clicking on «order».
To order the Products he has thus chosen, after having clicked on “order”, the Customer can identify himself by clicking on “identify me”, either by entering his email address and his confidential password and then clicking on “log in”, if he has already created his account, or by filling out the order form otherwise. In the latter case, the Customer must accurately complete the form made available to him, on which he will include in particular the information necessary for his identification and in particular his name, first name, postal delivery and billing address. In addition, the Customer must provide his e-mail address and a password of his choice which will be personal and confidential and which he will need to subsequently identify himself on the Site. The Customer is informed and accepts that entering these two identifiers constitutes proof of his identity and manifests his consent. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is their responsibility to verify the accuracy of the order and to immediately report or rectify any errors.
The registration of an order on the website www.novostable.com is carried out when the Customer accepts these TC’s by checking the box provided for this purpose and confirms his order. This validation implies acceptance of all of these as well as the general conditions of use of thewww.novostable.com website.
The sale is final only after the sending to the Customer of the confirmation of the acceptance of the order by NOVO SENSO by e-mail, which must be sent without delay and after receipt by the latter of the full price.
Any order placed, validated by the Customer and confirmed by NOVO SENSO, under the conditions and according to the methods described above, on the website www.novostable. com constitutes the formation of a contract concluded off-premises between the Customer and NOVO SENSO.
Unless proven otherwise, the data recorded in the NOVO SENSO computer system constitutes proof of all transactions concluded with the Customer.
NOVO SENSO reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the website www.novostable. com if he has created an account.
Once confirmed and accepted by NOVO SENSO, under the conditions described above, the order cannot be modified or canceled, except for the exercise of the right of withdrawal or force majeure.
It is up to the Customer who has to equip himself with all internet connections necessary for the use of the Products, which cannot operate without an internet connection (except for Products equipped with a 3G / 4G key).
ONLY A SUBSCRIPTION TAKEN WITH NOVO SENSO ALLOWS THE CUSTOMER, AFTER THE FIRST MONTH OF SUBSCRIPTION, TO CONTINUE TO ACCESS THE APPLICATION.
THE CUSTOMER WILL NOT BE ABLE TO OBTAIN ANY REFUND FOR THE MATERIALS ACQUIRED IF THE CUSTOMER NO LONGER WANTS TO USE THE MATERIAL AFTER THE FIRST MONTH OF SUBSCRIPTION.
THE MATERIALS ARE NOT INTENDED FOR CUSTOMER USE WITH APPLICATIONS OTHER THAN THOSE PROVIDED BY NOVO SENSO AND MAY NOT BE USED WITH APPLICATIONS PROVIDED BY ANY THIRD PARTY.
The Customer will have the possibility to create on the website www.novostable.com, his strictly personal client’s account to which he will have access on computer, tablet or mobile allowing him:
follow his order,
manage your subscription,
cancel their subscription.
The Customer will have the possibility of creating on the Mobile Application his strictly personal Customer space to which he will have access on tablet or mobile allowing him:
To initialize the Products and to reinitialize them in the cases referred to herein,
And to have real-time access to videos and data collected by the Products under the
conditions referred to herein.
The Mobile Application does not allow the Customer to have access to his customer account and conversely, the Customer’s customer account accessible on the website www.novostable.com does not allow the Customer to have access to the content accessible only via the Application.
5. Duration of the Subscription
The purchase of the Product automatically gives the right to one month of subscription allowing the Customer to access the Application for a period of one month, a period which begins to run from the first commissioning of the Product by the Customer.
The Customer has the option, when ordering the Product or at any time during the first month of use, to subscribe to a subscription allowing him to continue to access the Application after this first month. If he does not take out a subscription, the Customer will no longer be able to access the Mobile Application after this first month.
In the event of the purchase of several Products, the Customer must subscribe to as many subscriptions as there are Products, the subscription to a subscription giving access to the Application only for a single Product and the data recorded by this only one Product.
Each subscription is taken out on a monthly basis and for an indefinite period, and takes effect on the date of subscription.
The Customer has the option to terminate a subscription for one or more Products at any time, the termination automatically taking effect at the end of the current month. This termination can be made only via the Customer account which the Customer can access on the website www. novostable.com or by registered letter with acknowledgment of receipt sent to NOVO SENSO.
In the event of termination during the month by the Customer, the subscription remains due for the current month.
The end of the subscription results in the loss of the right to access the Application both for the Customer and for all other users authorized by the Customer to access the Application.
6. Prices and invoicing
Product sales prices are established on the basis of the number of Products ordered by the Customer and the Internet configuration chosen by the Customer (wifi or 3G / 4G).
The Mobile Application subscription prices are established on the basis of the number of subscriptions subscribed by the Customer and on a monthly or annual basis, it being reminded that the Customer cannot access the Application for a Product. Mobile only if it has taken out a subscription for the said Product.
The prices are mentioned in the estimate previously established by NOVO SENSO and accepted by the Customer.
The prices are expressed in Euros, HT and TTC. These prices are firm and not revisable during their period of validity, as indicated on the quote, NOVO SENSO reserves the right, outside this period of validity, to modify the prices at any time.
In the event of an order to a country other than mainland France, the Customer is the importer of the Product (s) concerned. For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility and are the sole responsibility of the Customer.
The subscription price for the Mobile Application is revisable annually, on the date mentioned on the quote, or failing a date mentioned on the quote, on the anniversary date of the effective date of the subscription. These modifications will be notified to the Customer, by e-mail and / or by post, at least one month before their date of application. If the Customer does not contest these new prices within this one month period, they will be deemed to have been definitively and irrevocably accepted by the Customer. In the event that the Customer does not accept the new NOVO SENSO prices, he is free to terminate his subscription within this one month period.
Unless the Customer terminates in accordance with this paragraph, the new rate will apply automatically on the effective date indicated in the warning.
The prices do not include delivery (this will be calculated during the purchase process, at the verification stage and before validation of the order by the Customer). They do not include the installation of the Products or their connection to the Internet. The delivery costs are indicated to the Customer before validation of his order and must be paid at the same time as the Products ordered. The Customer has the option of choosing between the different delivery methods and prices offered to him on the website, to the exclusion of any other delivery method.
It is the Customer’s responsibility to install and connect the Products to the Internet in accordance with the installation and connection instructions provided and then to attach, in accordance with said notices and the instructions appearing on the Application, the Products to his Customer account in order to enable him to have access to the data provided by the Products via the Application. Otherwise, no credit or refund will be made by NOVO SENSO.
For the subscription, an invoice is established by NOVO SENSO and given to the Customer on a monthly basis at the beginning of the month.
7. Subscription payment conditions
The subscription allowing access to the data collected by a Product is payable monthly or annually.
In the event of monthly payment, this is made in advance no later than the 1st day of the month in question, by credit card. The card used is the card entered when taking out the e-commerce subscription.
In the event of annual payment, this is made in advance when subscribing to the annual subscription and the customer benefits from a reduction equal to 2 months of subscription (the price displayed when ordering takes account of this reduction). The renewal of the annual subscription is automatically made on the anniversary date if the customer fails to terminate his subscription. In the event of annual payment, the customer always has the right to terminate his subscription at any time. In the latter case, the Customer will be reimbursed by NOVO SENSO for the cost of the subscription for the period between the last day of the month in which the termination took effect and the end of the current annual period.
It is the Customer’s responsibility to ensure that their card is sufficiently funded and valid.
Without prejudice to the provisions of these general conditions, any unpaid sum, any unpaid (rejection of direct debit or transfer) or any delay in payment will result in the immediate suspension of the Customer’s access to the Mobile Application and to the data collected by the Products pending the regularization of the situation. The reinstatement of this access will be carried out upon receipt of payment.
From the suspension, NOVO SENSO will instruct the Client to rectify the situation within two weeks of receipt by the Client of the written notice informing him of the suspension for non- payment.
In the absence of regularization by the Customer and after reminder by registered letter with acknowledgment of receipt (or electronic registered letter), NOVO SENSO reserves the right to take any legal action. All costs incurred by NOVO SENSO will be borne by the Customer. No additional costs, higher than the costs borne by NOVO SENSO for the use of a means of payment can be charged to the Customer.
NOVO SENSO reserves the right to permanently terminate any subscription of a Customer who has not settled all unpaid bills for all subscriptions taken out by said Customer within 2 months.
Payments are only considered final after actual receipt by NOVO SENSO.
NOVO SENSO reserves the right, in the event of non-compliance with the above payment conditions, to suspend or access to the Application.
Any exchange rate charges will be borne by the Customer.
8. Deliveries and reception of the Products sold
The Products sold are delivered to the Customer at the address and on the date mentioned in the quote and are the subject of a delivery note signed between the Customer and the carrier mentioning the list of said Products. Delivery consists of the transfer to the Customer of physical possession or control of the Product.
Unless otherwise stated in the order form, the delivery period begins to run from the receipt by NOVO SENSO of the order and confirmation of payment.
The date of delivery of the Products mentioned in the order form is given for information only.
NOVO SENSO undertakes to make its best efforts to deliver the rented Products within the deadlines specified above but cannot be held responsible for delays in deliveries caused by force majeure, weather conditions, customer delay or any fact or event attributable to the Customer or suppliers of NOVO SENSO.
NOVO SENSO cannot be held liable towards the Customer in the event of a delay in the delivery of the Products - If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any other cause that force majeure, the sale may be resolved at the written request of the Customer under the conditions provided for in articles L 216-2 L216-3 and L241-4 of the French Consummer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, excluding any compensation or withholding.
In the event of non-compliance with the delivery deadline, a Customer cannot request a price reduction or compensation for any damage.
The Customer is required to verify that the Products delivered comply with the order form. In the absence of reservations expressly made by the Customer upon delivery or in writing within 48 hours of delivery, the Products delivered by NOVO SENSO will be deemed to comply with the order.
For the reservations to be admissible, the Products must not have been used by the Customer except for functional tests. Any other use constitutes acceptance without reservation.
NOVO SENSO will correct as soon as possible any product conformity defects which have been duly proven by the Customer.
9. Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from NOVO SENSO, without having to justify reasons or pay a penalty, at the end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 30 days of notification to NOVO SENSO of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice or the return document (downloadable from the site, in the Assistance / return section).
Damaged, soiled or incomplete Products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the website www.novostable.com in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by NOVO SENSO, or any another declaration, unambiguous, expressing the will to retract.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product (s) purchased will be reimbursed; the return costs remaining the responsibility of the Customer.
The refund will be made within 14 days of notification to NOVO SENSO of the withdrawal decision.
10. Transfer of risk and ownership
Upon delivery of the Products, the burden of risk is transferred to the Customer who assumes legal custody under his responsibility.
The transfer of ownership of the Products occurs upon delivery.
11. Installation and use
The installation of the Products in the horse boxes is carried out under the responsibility of the Customer who undertakes to be aware of the assembly, operation and safety rules prescribed by regulations and NOVO SENSO. NOVO SENSO’s obligation is limited to providing the operating instructions available on the website www.novostable.com or install.novostable.com.
The Customer undertakes to install and use the Products reasonably, in accordance with their destination and the regulations in force, with caution, to respect the instructions and instructions for use and safety set by the regulations and by NOVO SENSO and to maintain them. in good working order. It is prohibited from any modification, arrangement or transformation of the Products.
In particular, the Customer is not authorized to open the Products for any reason whatsoever.
For the Products to function optimally, they must be installed in the exact locations indicated on the installation and assembly instructions. NOVO SENSO cannot be held responsible for any problem in the operation of the Products which are not installed in strict accordance with the said instructions.
12. Observation period, initialization, reset and change of horse
Each Product is «intelligently» designed on a self-learning basis for an initial period of 7 days.
Each Product is designed to adapt to the horse present in the box where the Product is installed. Therefore, from its activation, and for a period of 7 days from its activation, each Product is configured in «observation» mode for the purpose of analyzing the behavior of the horse during this period. This observation period will then serve as a «reference» for the Product for self- detection by the latter of «abnormal» behavior on the part of the considered horse.
It is therefore up to the Customer, during this period of 7 days from activation:
Not to move the Products,
Not to change the horse present in the box,
To note any suspicious or out of the ordinary behavior of the horse without using the Product
or the data collected by the latter during this period,
Not to use the Product for a horse showing signs of disease, infection or any other pathology.
In case of doubt, the Customer can contact NOVO SENSO customer service through your customer account on the website.
It is up to the Customer to restart (via the “reset” button on the camera) a new observation period:
At each change of horse followed,
If during the observation period abnormal or suspicious behavior has been detected by the
If during the observation period or in the following fifteen days, the horse is affected by any
diseases, infections or pathologies,
If during the observation period or during the preceding weeks, the horse has taken
medication or has suffered from pathologies that may have an impact on its behavior during
the observation period,
If more generally during the observation period or in the preceding weeks, any fact or event
could directly or indirectly modify the behavior of the horse,
The Product can only function optimally if the Customer complies with all of the aforementioned recommendations.
The use of a Product during the observation phase for a horse exhibiting abnormal behavior compared to its usual behavior, suffering from any disease, infection or pathologies whatsoever will not allow the Product to perform this intelligent learning and may therefore following hide the detection of abnormal behavior or lead to detection errors (in particular «false positives»).
The Product’s detection of abnormal behavior is carried out exclusively on the basis of data collected during this observation period then serving as a reference period.
The data collected during the observation phase must not be used by the Customer or be used by the latter as a basis for determining abnormal behavior, the Product not having been designed to function optimally during this phase of observation.
13. Use of the Products for unintended purposes
The Products must not be used for animals other than horses or on humans.
A Product must not be used for more than one horse at a time and cannot be used when a mare shares a stall with a foal.
The Products may only be used indoors, they may not be used in means of transport.
The Products must not be used in the event of any malfunction or breakdown.
The Customer is required to protect the Products against any degradation other than that which may result from normal use and in accordance with their intended purpose. He undertakes to immediately inform NOVO SENSO of any anomaly observed in the Products, of any malfunction of the Products.
Any repair or replacement costs resulting from the lack of maintenance incumbent on the Customer remain at their expense.
Product maintenance is the responsibility of NOVO SENSO, including the replacement of common wear parts in the normal course of use.
The Products are not waterproof. It is therefore recommended not to wash them under water.
It is necessary to clean the lens regularly for better visibility and correct detection of abnormal behavior, using a microfiber wipe. Otherwise, the Product will not be able to function normally.
15. Seller’s liability in connection with the sale of the Products - Guarantee
The Products offered for sale comply with the regulations in force in France and have performance compatible with non-professional uses.
The Products supplied by NOVO SENSO benefit as of right and without additional payment, in accordance with legal provisions,
• the legal guarantee of conformity, for products that are apparently defective, damaged or damaged or do not correspond to the order or immediate purchase,the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use,
under the conditions and according to the modalities referred to in the box below.
It is recalled that within the framework of the legal guarantee of conformity, the Customer: - has a period of two years from the delivery of the goods to act against the Seller;
- can choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product, except for second-hand goods, the period of which is extended to six months (art. 217-7 of the French Consumer Code).
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
CONFORMITY GUARANTEE - LEGAL GUARANTEE AGAINST HIDDEN DEFECTS
Article L217-4 of the French Consumer Code
NOVO SENSO is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the French Consumer Code
To be in conformity with the contract, the good must:
- Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by NOVO SENSO and have the qualities that it presented to the buyer in the form of a sample or model
- have the qualities that a buyer can legitimately expect given the public statements made by NOVO SENSO, by the producer or by his representative, in particular in advertising or labeling - Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the Seller and which the latter has accepted.
Article L217-12 of the French Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article L217-16 of the French Consumer Code
When the buyer asks the Seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of ‘at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer’s request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the French Civil Code
NOVO SENSO is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from crippling defects must be brought by the purchaser within two years of discovery of the defect.
In order to assert his rights, the Customer must inform NOVO SENSO, in writing, of the non-confor- mity of the Products within the above-mentioned deadlines and return or return defective Pro- ducts in the condition in which they were received with the all the elements (accessories, pac- kaging, instructions, etc.).
NOVO SENSO will reimburse, replace or have repaired the Products or parts under warranty deemed to be non-compliant or defective. In the event of delivery, the shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed on presen- tation of supporting documents.
Refunds for Products deemed to be non-compliant or defective will be made as soon as pos- sible and at the latest within 14 days of the finding by NOVO SENSO of the lack of conformity or the hidden defect.
The refund will be made by credit to the Customer’s bank account or by check sent to the Cus- tomer.
The responsibility of NOVO SENSO cannot be engaged in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure,
problem related to the Customer’s internet connection,
installation of the Products ordered carried out not in accordance with the installation instructions provided by NOVO SENSO (in particular, but without this list being exhaustive, in the event of installation of the Products in places other than those recommended by NOVO SENSO),
opening of the Products by the Customer or by any person other than NOVO SENSO or a repairer approved by NOVO SENSO,
damage resulting from a cause external to the product, such as shock, accident ... causing knocks, scratches, scratches, dents, crushing, broken glass ...
damage to the Products by horses,
damage resulting from the use of unsuitable products or materials or not recommended by
NOVO SENSO or the instructions (detergents, chemicals, solvent, abrasive materials, washing with water, etc.) or the failure to regularly clean the lens,
modification of the color or visual appearance of the Products or their components resulting from their natural properties and natural aging,
damage resulting from the addition of accessories not recommended by NOVO SENSO,
damage caused by improper packaging by the Customer or the user, by frost, hail, snow or rain, by an alteration or modification of the Products, by the replacement of parts carried out without the prior agreement of NOVO SENSO ,
error in the assembly, fixing, adjustment and / or commissioning of its products,
damage caused by electrical failure or electrical surge,
NOVO SENSO cannot be held liable for services performed by third parties other than NOVO SENSO or its subcontractors, intervened at the Customer’s request and with whom the Customer contracts directly, even if they have been recommended by NOVO SENSO.
The NOVO SENSO guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
This warranty does not apply to Products subject to professional use (i.e. in the event of use of the Products by a customer who is not a consumer) - only the guarantees provided for sales to Professional Customers then being applicable.
NOVO SENSO cannot be held responsible for the direct or indirect consequences, material or immaterial, of a shutdown or a malfunction of the Products which is not due to a proven defect existing at the time of delivery of the Products, and is not liable for any compensation. NOVO SENSO’s liability is in any event limited to the amount of the rental of the Product in question due during the period of failure or replacement of the Product, whatever the problem and whatever the consequences for the Customer or his animals.
16. Obligations and liability of NOVO SENSO in connection with the use of the Products and the Subscription - Guarantees
NOVO SENSO is bound by an obligation of means, and undertakes to provide all means, efforts and diligence to the performance of its missions.
NOVO SENSO cannot be held responsible:
i. breakdowns, line cuts, incorrect configurations of Products or equipment not under its direct control, and in particular connections of any type provided by third-party Internet access providers,
ii. any contamination and virus damage to Customer data and / or software for which the Customer is responsible,
iii. loss or alteration of content hosted by NOVO SENSO insofar as NOVO SENSO is not bound by any obligation to safeguard the data collected by the Products,
iv. interruptions or unavailability of access to the Application or to the data,
v. misappropriation of means of authentication or identification by the Customer’s staff, agents or by any person to whom the Customer has given access to the Application,
vi. fraudulent or abusive use of the Application, of the data collected or of the Products by the persons referred to above - NOVO SENSO being in this case authorized to suspend or terminate access to the Application without notice or compensation,
vii. all other cases referred to in paragraphs 1 to 13 of Article 15 such as cases in which NOVO SENSO cannot be held liable.
NOVO SENSO SHALL NOT BE HELD RESPONSIBLE FOR THE NON-DETECTION BY THE PRODUCTS OF A PROBLEM OR ABNORMAL BEHAVIOR OF A HORSE.
NOVO SENSO reserves the right to suspend access to the Application and / or data at any time and without notice in the event of danger, security risk, hacking or computer breach.
NOVO SENSO can not be held responsible in the event of computer hacking of the Customer’s equipment, misappropriation or theft of Products, systems of access and identification to the Application, misuse by the Customer of the Products or the Application or non-use. in accordance with the recommendations made by NOVO SENSO, interruption of telecommunications services, total or partial destruction of data stored in the Customer’s equipment, following errors attributable to the Customer, his agents and more generally errors not attributable to NOVO SENSO.
NOVO SENSO’s liability, if established, is limited to direct damage suffered by the Customer, to the exclusion of any indirect damage and / or suffered by third parties.
Operating losses are never covered by NOVO SENSO, as are damage suffered by the animals for which the Products are used or by the Customer as a result of the use of the data collected.
The liability of NOVO SENSO is in any case capped at the amount of the subscription paid by the Customer for the rental of the Products during the month in which the damage was noted.
17. Data collected by the Products
The Customer has, throughout the rental period, a right of access to the data collected by the Products via the Mobile Application, the data thus collected remaining the exclusive property of NOVO SENSO.
It is hereby specified that the data collected by the Products are the following: images and timelapses of the horse, temperature, humidity and brightness of the box, positional metadata of the horse in real time, profile of the horse including its name, date of birth, race as well as his profile picture. To this is added the user’s profile including his profile picture, last name, first name, phone number and email address.
It is also specified that the images and videos collected are not blurred on the Application and that by giving access to other people to the Application, the Customer also gives them access to videos and photos of all people entering the field of vision of the Products.
It is therefore up to the Customer to obtain the prior written consent of all persons entering the field of vision of the Products so that the latter expressly authorize the Customer to give access to said videos and images to other users to whom the Customer has given access to the Application.
NOVO SENSO reserves the right to store and use the data collected for its own use and / or for any use of its choice, including for commercial purposes. NOVO SENSO undertakes before any use of said data, to anonymize all the data it collects concerning both the customer and the exact place of installation and the name of the horse and to blur all faces, if necessary.
The use by the Customer of the Application and the Products entails the transfer by the latter of all property rights to said data collected for the benefit of NOVO SENSO.
At the end of the subscription, the Customer will no longer have any right to access the data or the Application.
The Customer is not authorized to use the data collected by the Products for purposes other than the use for which the Products are intended, and in particular for the surveillance of other animals or people. He is not authorized to use the data collected for any use other than strictly personal and in particular cannot transfer them free of charge or against payment.
THE PRODUCTS ARE NOT A MEDICAL DEVICE AND CANNOT SUBSTITUTE A MEDICAL ADVICE OR REPLACE A MEDICAL ADVICE.
THE PRODUCTS ARE ONLY A TOOL FOR DATA COLLECTION AND AID IN THE DETECTION OF ABNORMAL BEHAVIOR. IT IS UP TO THE CUSTOMER TO ANALYZE THE DATA ON ITS SOLE RESPONSIBILITY, TO VERIFY THEM FOR ITSELF OR TO HAVE THEM VERIFIED BY A MEDICAL ADVICE.
NOVO SENSO DOES NOT GUARANTEE THE TRUTH, RELIABILITY OR COMPLETENESS OF THE DATA COLLECTED OR THEIR TRANSMISSION IN REAL TIME. Like any device of this type, the data collected by the Products can lead to «false positives» or not allow the detection of certain pathologies only the intervention of the Customer and a professional (veterinarian) makes it possible to verify the cases of «False positives» or «no detection».
Although the Products may be equipped with an alert system allowing the Customer to directly receive, via the Application, the data collected in real time, NOVO SENSO MAKES NO GUARANTEES:
AS REGARDS DATA TRANSMISSION TIMES,
AS REGARDS THE CORRECT AND COMPLETE OPERATION OF THE PRODUCTS, SOFTWARE AND APPLICATION,
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRODUCTS DO NOT DETECT ALL POTENTIAL PROBLEMS OR ALL ABNORMAL BEHAVIORS OF THE HORSE. NOVO SENSO SHALL NOT BE HELD RESPONSIBLE FOR THE NON-DETECTION BY THE PRODUCTS OF ANY ABNORMAL BEHAVIOR OR ANY PROBLEM.
NOVO SENSO DOES NOT GUARANTEE THE CUSTOMER AGAINST MALFUNCTIONING OF THE PRODUCTS OR SOFTWARE nor against interruptions in data collection and transfer, regardless of the duration.
The Products are not an anti-intrusion alert device, they are not designed for such use and are not intended to replace an alarm or any anti-intrusion alert device.
18. Obligations and responsibility of the Client
The Customer will be solely responsible for the consequences of non-compliance with the obligations imposed on him by this article. The responsibility of NOVO SENSO cannot be brought into play in the event of non-compliance by the Customer with its obligations.
The Customer is responsible, as guardian, for the safety of the Products, animals, people and other equipment present in the boxes where the Products are installed. The Customer undertakes to take all measures to prevent any damage whatsoever resulting for him from any possible damage to the Products.
The Customer is solely responsible for the content of the information transmitted, disseminated or collected by himself or his IT tools.
The Customer is solely responsible for verifying the data collected by the Products and the use he makes of said data.
The Customer is solely responsible for the installation of the Products and for compliance with the conditions relating to the observation phase referred to above.
19. Assignment of contract
The Customer may not, without the prior written consent of NOVO SENSO, assign all or part of the rights at his disposal and the obligations imposed on him under these terms.
In the event of a change in unforeseeable circumstances during the conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume a risk of excessively onerous performance may request a renegotiation of the contract. to its co-contracting party.
21. Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the French Civil Code.
22. Intellectual property - right to image
NOVO SENSO will remain the sole owner of all intellectual property rights on the Products and their components as well as on the result of all new developments of said Products (patentable or non-patentable) as well as of the corresponding source codes.
To this end, NOVO SENSO retains all its rights of ownership, reproduction and representation, right of adaptation, arrangement, translation, right of distribution, right of rental, right of exploitation in all its forms.
The Customer has a simple right of use for his personal use of the Products and the Software.
It may not adapt, modify, or sublet the Products, their components or the Software equipping the Products, or merge it with other software.
NOVO SENSO remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, etc., produced by NOVO SENSO, subject only to the right to the image of persons entering the field of vision of the Products (which NOVO SENSO undertakes to blur in the event of external use). The Customer therefore refrains from any reproduction or use of said photographs, presentations, studies, drawings, models, etc., without the express, written and prior authorization of NOVO SENSO.
Any notification made by one Party to the other Party must be made to be valid by registered letter with acknowledgment of receipt sent:
For NOVO SENSO: at the address mentioned at the top of this document,
For the Customer: at the postal and / or email address mentioned on the order.
24. Applicable law - Language
These General Conditions of Sale and the operations resulting from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
ALL DISPUTES TO WHICH THE PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THESE GENERAL CONDITIONS OF SALE MAY GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR PERFORMANCE, THEIR TERMINATION, THEIR CONSEQUENCES AND THE FOLLOWING, AND WHICH FOLLOWS MAY BE RESOLVED AMICABLY BETWEEN NOVO SENSO AND THE CUSTOMER, WILL BE SUBMITTED TO COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
The Consumer Client is informed that he can in any case resort to conventional mediation, in particular with the Commission for consumer mediation (French Consumer Code. Art. L 612-1) or with the following mediator SAS MEDIATION Solution whose address is 222 chemin de la bergerie, 01800 Saint Jean de Niost and whose website is https://sasmediationsolution-conso.fr or to any alternative dispute resolution method (conciliation, for example) in the event of dispute.
26. Personal data
Pursuant to French Law 78-17 of January 6, 1978 amended by French Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices. , especially.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the website www.novostable.com meets legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website www.novostable.com.
27. Pre-contractual information - Customer acceptance
The Customer acknowledges having communicated, prior to the immediate purchase or to the placing of his order and the conclusion of the contract, in a clear and understandable manner, of these General Conditions of Sale and of all the information listed in the Article L.221-5 of the French Consumer Code, and in particular the following information:
the essential characteristics of the Product,
the price of the Products and ancillary costs (delivery, for example);
in the absence of immediate performance of the contract, the date or time limit at which
NOVO SENSO undertakes to deliver the Product,
information relating to the identity of the Seller, its postal, telephone and electronic contact
details, and its activities, if it is not apparent from the context,
information relating to legal and contractual guarantees and their implementation methods,
the functionalities of the digital content and, where applicable, its interoperability,
the possibility of resorting to conventional mediation in the event of a dispute.