Terms & Conditions
AMIKEO General Terms and Conditions of Sale (private customers)
Clause 1: Purpose and main definitions
The General Terms and Conditions of Sale (hereinafter referred to as the ” CGV “) described below detail the rights and obligations of Auticiel SAS, a company with share capital of €12,923, registered in the Evry Trade and Companies Register under number B795 088 633 (hereinafter “Auticiel”). Company “) and the purchaser (hereinafter referred to as the “Customer”) in connection with the sale of the following goods, merchandise and services, forming part of the ” AMIKEO “:
- The rental license, granting the right to use the ” Software ” consisting of Android/iOS applications and associated services (including Web and e-mail notification services), hereinafter referred to as ” AMIKEOAPPS “, for a defined period (specified in the offer description).
- The supply of “Hardware”: a tablet and its OS (Operating System by default) and a reinforced shell, as well as any other hardware elements (different brands and models are available, these being specified in a discriminating manner in the descriptive elements of the offer presented), hereinafter collectively referred to as ” AMIKEOTAB “.
- Commissioning” (installation and pre-configuration) of AMIKEOAPPS on the AMIKEOTAB, and delivery of the resulting package.
- The optional provision of ” Training ” services relating in particular to the use of AMIKEOAPPS, but which may be of a more general nature.
These terms and conditions apply exclusively to non-trading individuals.
The most up-to-date presentation of the AMIKEO offer and its components is available on the Company’s website https://auticiel.com (hereinafter referred to as the “Site”). The Company makes every effort to ensure the accuracy and updating of the information available on the Site, which is the sole reference for the description of the offer at the time of purchase. However, the Company cannot guarantee the accuracy, precision or completeness of the information, nor its suitability for the Customer’s needs.
All services rendered, all materials and goods supplied by the Company, or all orders placed with the Company, therefore imply the Customer’s unreserved acceptance of these GCS. In the absence of written acceptance on the part of the Company, any conditions set by the Customer to the contrary shall be deemed unenforceable against the Company.
Clause 2: Subscription period and license
The ” Subscription Period” is “The activation date is the date AMIKEOAPPS is commissioned on the AMIKEOTAB for the Customer (less than 10 working days before delivery to the Customer); the deactivation date is calculated from the activation date plus the duration of the license obtained by the Customer. This period refers to an ” Initial Subscription Period “, linked to the online purchase of the AMIKEO offer as well as any possible re-subscriptions.
Outside the Subscription Period, the Customer does not have the right to use the “Software”, but retains full ownership and right of use of the “Hardware”, which is neither protected nor blocked. In particular, outside this period, the Company disclaims all responsibility for the use of the “Equipment”, with the exception of the Warranty clauses (see below).
At the end of the initial Subscription Period, the Customer may request an extension of his subscription, either for a period of one year, or for a monthly period. This request is made directly on the Google Play Store (hereafter “Store”) from the tablet. To do so, the customer will be asked to enter his or her credit card details in order to validate the subscription order. Please note that from the date of your first re-subscription on the Google Play Store, these terms and conditions no longer apply and are replaced by those offered by Google on the Store within the applications of the AMIKEOAPPS suite. Auticiel also ceases to operate as the Customer’s direct supplier from this point onwards, and is therefore no longer responsible for any purchasing issues between the Customer and its new direct supplier, Google.
If the Customer has not re-subscribed within one month of the end of the initial Subscription Period, the Company shall not be liable for any loss of access to AMIKEOAPPS or for any loss of data and settings made during the Subscription Period.
The ” Beneficiary ” is the main user of the AMIKEO offer, who is generally not very autonomous and has cognitive or mental disorders. The ” Helper ” is the secondary user(s) of the AMIKEO offer, usually a relative or close friend of the Beneficiary, who guides the Beneficiary in its use; the Helper may be the same person as the Customer.
The AMIKEOAPPS license entitles one and the same Beneficiary to use the Software for the entire Subscription Period. Several caregivers can interact with the Beneficiary in this way.
During the subscription period, the AMIKEOAPPS license also entitles you to :
- contact Customer Service by e-mail (firstname.lastname@example.org) for assistance in using AMIKEOAPPS.
- access by download (requires an Internet connection) to new applications in full version (excluding applications treated as options), published by the Company as part of the AMIKEO offer (information also available on the Site).
Clause 3: Prices, rebates and discounts
The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day of the order.
The Company reserves the right to modify its prices at any time. However, it undertakes to invoice the goods, merchandise and services ordered at the prices indicated when the order is registered (subject to the order being valid).
The prices quoted include any discounts and rebates that the Company may grant on the basis of its results or the assumption by the Customer of certain services. No discount will be granted for early payment.
Clause 4: Order and transfer of ownership
Except in the case of special conditions linked to the availability of the items ordered, the Customer’s order is deemed to have been accepted once the Company has received a complete order (using the form provided for this purpose), signed by the Customer (including these General Terms and Conditions), and full payment, identifiably from the Customer, of the price in principal and accessories. If the Customer has specified a valid contact e-mail address, the Customer will receive notification by e-mail that the request has been received, followed by notification that the Order has been validated by the Company.
Orders are generally paid for by bank transfer (RIB specified on the order form) or by cheque (made payable to Auticiel SAS), which is enclosed with the order form and cashed by the Company in order to verify that the funds have been properly deposited.
Acceptance of the order seals the transfer of ownership of the hardware to the customer (excluding the OS integrated into the hardware, for which only a user license is transferred to the customer). As the Software is leased to the Customer, it remains the property of the Company: only a license to use it for a specific period is granted to the Customer.
Invoicing (paid invoice) takes place at the time of commissioning, and the invoice is enclosed with the delivery.
Clause 5: Late payment
In the event of total or partial non-payment for goods delivered on the date of receipt, the Customer must pay the Company a late payment penalty equal to three times the legal interest rate. The legal interest rate is that in force on the day of delivery of the goods. As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20, 2014). This penalty is calculated on the amount due, inclusive of tax, and runs from the due date of the price without the need for prior notice.
In addition to late payment penalties, any sum not paid by the due date will automatically give rise to the payment of a fixed penalty of 40 euros to cover collection costs. Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
If, within fifteen days of late payment, the Customer has not paid the outstanding sums, the sale will be automatically cancelled and the Company may be entitled to claim damages.
The Company retains ownership of the AMIKEOTAB until full payment of the price, principal and accessories.
Clause 6: Delivery
Delivery is made to the place indicated by the purchaser on the order form. The delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of products shall not entitle the Customer to claim damages; nor shall it entitle the Customer to cancel the order. Transport risk is borne entirely by the customer.
In the event of missing or damaged goods in transit, the customer must make all necessary reservations on the delivery note upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt.
Clause 7: Withdrawal period
The Customer has a period of fourteen (14) clear days after the day on which he or she, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods, to exercise his or her right of withdrawal without having to justify his or her reasons or pay any penalties, with the exception of the cost of returning the goods.
The Customer must state his wish to return the Product(s) by means of an unambiguous declaration (e-mail to Customer Service email@example.com).
In order for the withdrawal period to be respected, it is sufficient for the Customer to transmit to the Company his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Returns are at the customer’s expense and must be made within fourteen days of communication of the customer’s decision to withdraw. Once the return request has been received, Customer Service will contact the customer to inform them of the procedure to follow.
Returned items must be new and in their original packaging. Damaged items will not be accepted for return.
The Product(s) returned will be reimbursed in full, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method proposed by the Company), within a maximum period of fourteen (14) days from the date on which the Company is informed of the consumer’s decision to withdraw.
In accordance with article L.121-21-4 of the French Consumer Code, the Company may defer reimbursement until the goods have been recovered or until the consumer has provided proof of shipment of the goods. The Company will reimburse the Customer by bank transfer.
Clause 8: Product availability and cancellation
The Hardware or Software may not (in the sense of a reasonable delivery time), or may no longer (in the sense of the end of commercialization), be available at the time of the Customer’s order. If this is the case, the Company will inform the Customer as soon as possible at the e-mail address specified in the order form. The Customer will then have 5 working days to decide between :
- Accept a similar offer that may be proposed by Customer Services and pay any additional costs.
- If the Customer refuses the proposed offer, the order will be immediately cancelled and the Customer will be reimbursed for all sums paid within 10 working days of his reply.
Clause 9: Guarantees and coverage
Equipment resold by the Company comes with a standard manufacturer’s warranty (parts and labor in the workshop for the tablet) for 24 months from the date of purchase. During the Subscription Period, a “Return Authorization” is sent to the customer if Customer Services determines that the probable cause of the malfunction is such that the Hardware Warranty is activated.
The return slip sent by e-mail to the Customer will specify the pick-up addresses. Outside the Subscription Period, the Customer is invited to contact the Manufacturer directly in order to invoke the warranty, in particular with regard to the tablet (instructions and contact points provided on delivery).
Any failure or malfunction attributable to the customer is excluded from the warranty and therefore from coverage.
Clause 10: Liability
Whether for pre-installed software, AMIKEOAPPS, downloaded third-party applications or any other form of use of the AMIKEO offer, the Company expressly disclaims all liability for any incident involving the Beneficiary, the Customer or a third party in connection with the use of these products. The customer is advised always to ensure that the tablets are used in a “normal” context, and to pay attention to the specific clauses of each application or those of the manufacturers (attached to the delivery), in particular and non-exhaustively with regard to epilepsy, or driving while using a digital tool.
Clause n°11: Nullity of a clause
Should any of the provisions of these GCS be invalidated (to the exclusion of this one), such invalidity shall not invalidate the other provisions of the said GCS, which shall remain in force between the Company and the Customer.
Clause 12: Data confidentiality
The information requested from the Customer is necessary to process the order. In the event that the customer agrees to communicate individual personal data, he/she has an individual right of access, withdrawal and rectification of this data under the conditions laid down by law no. 78-17 of January 6, 1978 relating to information technology, files and freedoms. The customer must address any written request to the Company’s head office.
Clause 13: Force majeure
The Company may not be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
Clause 14: Jurisdiction
In the event of any difficulty in the interpretation or execution of these GCS, the Company and the Customer expressly agree that the Commercial Court of Paris shall have sole jurisdiction. These General Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of France.