It is specified that the present conditions exclusively govern the sales by EMIOTA of designs products and tools that track everyday health and fitness to empower and inspire users to lead healthier, more active lives "Products" purchased in France through the online store (the "Store") on the Site www.wearbelty.com. All sales, payments processing, refunds, retro billings, and disputes relating to the Products purchased on the store are processed by the Emiota company ("Emiota"), registered with the RCS Paris 794 254 474 with headquartered located to 24 impasse Mousset, 75012 Paris, France.
Queries relating to the Products purchased on the online shop must be address to the following point of contact: Customer@wearbelty.com
You acknowledge having read and accepted these Terms and Conditions before placing your order. The checkout process is acceptance of these Terms and Conditions.
Our product offers are valid until they are visible on the site, within the limits of available stocks out promotional campaigns mentioned as such on the sites. In the event of unavailability of product after placing your order we will notify you by mail. Your order will be canceled and no bank debit will be made. For information flow occurs only upon shipment of the parcel (Excluding presales specific operations).
The products are delivered to the delivery address you indicated during the ordering process, except delivery restrictions in the "delivery conditions" within the time specified on the validation page of the order by the customer.The delivery time is the combination of :
In case of delivery by a carrier that requires making an appointment with the customer, they will contact you as soon as possible to agree with you an appointment for delivery, 30 days later after the date of your order validation. EMIOTA cannot be responsible for late delivery due exclusively to a client's unavailability after several proposals for appointment by the carrier.
In case of delayed shipment, an email will be sent to inform you of a possible impact on the delivery time that was indicated to you. In case of late delivery, we will propose a new mail delivery.
In any event, in accordance with the law, in case of delay in delivery, you have the possibility to terminate the contract under the conditions and procedures defined in Article L 138-2 of the Consumer Code. In this case, if you received the product after your cancellation, we will reimburse the cost of the product and "go" under the conditions of Article L 138-3 of the Consumer Code.
We also invite you to regularly check your order status and contact Customer Service with any questions or if problems arise. In case of payment by bank or private card and split deliveries, only the dispatched products are debited (Excluding presales specific operations).
We remind you that when you (or a third party designated by you) physically take possession of the ordered products, the risk of loss or damage to the products will be transferred.
You must notify the carrier and EMIOTA all reserves on the delivered product (eg damaged package, already open ...).
We remind you that to validate your order implies an obligation to your burden of paying the quoted price. The payment of your purchases can be made according to the means of payment accepted by EMIOTA listed under "Payment Methods".
The speed of the card is made at the time of shipment of the order (excluding pre-sales operations).
Our site is the subject of a security system.
We have adopted the SSL encryption process, but we have also strengthened the overall process of scrambling and encryption to protect more efficiently all the sensitive data related to payment.
If you are unsatisfied with your purchase from wearbelty.com for any reason, you have 14 days from the date of purchase to request a full refund. You may return any product purchased on wearbelty.com (“Product”).To qualify for a refund, all the following conditions must be met:
In accordance with legal guarantees of conformity and hidden defects, we will refund or we will exchange the apparently defective products or not corresponding to your order. If you request a refund, thank you to send us an email to Customer@wearbelty.com.
The products must be returned in the condition in which you received them with all the elements (accessories, packaging, instructions ...). Please contact our customer service to Customer@wearbelty.com in order to receive a Return Merchandise Document to cover the shipping cost exclusively for this guarantee purpose.It is recalled that in the context of the legal guarantee of conformity, the consumer:
The provisions of this Article shall not prevent you from benefiting from the right of withdrawal provided for in Article 8.
This Limited Warranty applies only to the Product manufactured by or for Emiota that can be identified by the "Emiota" or “Wearbelty” trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) Emiota products and services other than the Product, (b) non-Emiota hardware product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Product or embedded in the Product.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Emiota or if the Product is inserted or installed in a casing not provided by Emiota. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Emiota products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Emiota or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Emiota. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
No Emiota reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
Emiota does not warrant that the operation of the Product will be uninterrupted or error-free. Emiota is not responsible for damage arising from failure to follow instructions relating to the Product's use.
To obtain warranty service, you must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Emiota. In accordance with applicable law, Emiota may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and Emiota will not be responsible for any such damage or loss. For specific instructions on how to obtain warranty service on your Product, visit the Emiota website (www.wearbelty.com/help).
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR REASON) SHALL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of implied warranties and the above limitation may therefore not apply to you.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, FITBIT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF FITBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
All the texts, comments, works, illustrations and images reproduced works or represented at the sites of EMIOTA society, including wearbelty.com and BELTY are strictly reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the Code of Intellectual Property, only use for private use subject to different rules even more restrictive code of intellectual property is allowed. Any reproduction or total or partial representation of the site EMIOTA, including wearbelty.com or some or all of the elements found on the sites of the EMIOTA, including wearbelty.com is strictly prohibited.
Company names, trademarks and distinctive signs reproduced on the websites of the EMIOTA society, including wearbelty.com are protected under trademark law. Reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and is subject to prior written approval of the trademark owner.
Some products such as software are subject to personal and specific usage rights regulating copies, public broadcasts, and rentals. You must respect the general sales conditions of these products and EMIOTA company cannot be responsible for any use that may be made of products in this context.
The products offered comply with French legislation. Responsibility for EMIOTA cannot be engaged in case of non-compliance with the legislation of the country where the product is delivered (eg in case of prohibition of a title or a product). It is your responsibility to check with local authorities the possibilities of importation or use of products or services you plan to order.
Photos are for illustrative purposes. Please refer to the description of each product to know the precise characteristics; and in case of doubt or if you wish further information do not hesitate to contact us Customer@wearbelty.com. EMIOTA is not responsible for the content of pages it publishes.
If professional purchases, EMIOTA not be liable for all damages because of present, trading loss, loss of profit, loss of chance, damage or expense that might arise from the purchase products. We remind you that it is prudent to backup data contained in the products purchased. EMIOTA cannot be responsible for any loss of data, files or damage defined in the previous paragraph. The total or partial inability to use the products, particularly due to incompatibility of equipment, cannot give rise to any compensation or reimbursement or questioning the responsibility of EMIOTA.
Our products have performance consistent with professional use although EMIOTA company does not intend to sell to professionals through wearbelty.com on. EMIOTA may accordingly not see held liable for any damage whatsoever arising from work activity. Similarly EMIOTA the company can not in any way be responsible for damage resulting from improper use of the device by the customer.
The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of France without regard to its conflict of laws principles.
For any claim, please contact the customer service at the following address customer service - 24 impasse mousset - 75012 - Paris - France
The registered personal data and information about you is necessary to manage your order and our trade relations. They can be sent to companies that contribute to these relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also stored for security purposes, to meet legal and regulatory obligations as well as to allow us to improve and personalize the services we offer and the information we send you.
Under the Data Protection Act of January 6, 1978, you have a right of access and rectification and opposition to your personal data. Simply write us online at Customer Service or mail to EMIOTA 24 Impasse mousset - 75012 - Paris - France, indicating your name, email address and if possible your customer reference. Under current regulations, your request must be signed and accompanied by a photocopy of an identity document bearing your signature and specify the address to which you must reach the answer. A response will then be sent within two months of receipt of the request.
Depending on your choices made when creating or consulting your account, you will be likely to receive offers from our company, as shown when creating your account. If you no longer want, you can always give us a request specifying the My Account section in "Personal Information".
Existence of an opposition to the telephone canvassing list: If your phone number is collected during the account creation or placement of your order, we inform you that your phone number will only be used for proper execution of your orders or to contact you to offer you new services. Without limiting the foregoing, in accordance with the law, you are informed that you can, if you wish, you register on the opposition list to the telephone canvassing. You can register for free on this list that is imposed on all professionals except those with whom you have already concluded a contract.