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GENERAL TERMS AND CONDITIONS OF SALE

The following general terms and conditions are liable to be modified at any moment in regard of the French and European legislation. The current version is available on our Internet site www.solarhertz.com or available on request by telephone at +33 486 688 330.

March 19, 2013

1. Purpose

The purpose of the present general terms and conditions of sale are, on one hand to inform any Buyer on the terms and conditions by which the Seller conducts the sale and delivery of the order, and on the other hand to define the rights and obligations of both parties within the context of the sale of products by the Seller to the Buyer. These terms and conditions apply without reserve or restriction to the all sales of items featured on www.solarhertz.com, website of the company Megahertz Wireless, here after the Seller.

Consequently, the fact of ordering an item for sale on this website involves full and whole acceptance of these terms, which the Buyer admits having acknowledged before ordering.

The products are offered for sale on the following geographical territory: see list of countries in the Country field of the purchase order form.

The Buyer declares prior to his order that bearing full legal capacity he is allowed to purchase under the present General Terms and Conditions of sale.

The Seller reserves the right to change at any moment the present General Terms and Conditions of sale.

2. Identity of the Company

Megahertz Wireless SARL
Head Offices
5, avenue Roger Roquefort
66320 MARQUIXANES
France

Trade and Companies Register RCS 484.713.052 Perpignan
European VAT Nr: FR43484713052


3. Access to the Website

The Buyer is responsible for the means giving access to the website www.solarhertz.com and for his telecommunication expenses at the time of his access to the Internet and use of the website.


4. Formation of the contract - orders

4.1. Price

The sale prices of the products on line on the website www.solarhertz.com are indicated in Euros and are those in force at the time of registration of the purchase order by the Buyer.

They do not include the delivery costs which are charged additionally to the price of the products, depending on the amount of the order. The delivery costs will be indicated before the validation of the order by the Buyer.

The prices include VAT (Value Added Tax) , applicable to the day of the order. Any change of applicable VAT rate will be automatically reflected on the price of the products sold by the company on its website.

The selling prices of the products can be changed by The Seller at any time, in particular because of exchange rates fluctuation and change of prices by suppliers. All modifications are activated directly on the website with no effect on accepted quotes and firm orders.

4.2. Product features - Availability

According to article L 111-1 of the French Consumer Code, The Seller has ensured that the Buyer, prior to his order, has been informed of the essential characteristics of the products that he wishes to order. All information is available at www.solarhertz.com

The Buyer selects one or more products among the various categories presented on this website.

The offers presented on the website are valid if available on stock. For products not stored on location, the offers presented by The Seller are valid only if available from the Seller’s suppliers.

The Seller reserves the right to modify the list of products according to the constraints given by its suppliers.

All specifications, photographs, illustrations and indications of weight, dimensions or volume and all other details of the online products are only indicative in the way of a general description of the products and do not engage the Seller by any means. If a supplier modifies a product, the graphic representation of this one cannot engage the Seller's responsibility, nor affect the validity of the sale.

The Seller reserves the right to cease the sale of any product available online and/or modify the characteristics of these products at any time.

4.3. Order

Any order implies adhesion without restriction or reserve to the present General Terms and Conditions.

To do so, the Buyer will review the Terms and Conditions on the first page of the www.solarhertz.com website by clicking Terms, or he can ask to receive them by e-mail in a common electronic format by filling in the Contact form on the first page of the website, or he can ask to receive them in paper form by postal mail by phoning the Seller at the following phone number +33 486 688 330.

From the moment the Buyer confirms his order by clicking on the button ‘Confirm the order’, it is considered that he has accepted with full knowledge of the facts and without reserve the present General Terms and Conditions of sale, as well as prices, volumes and quantities of the ordered products.

The sale will be considered completed only after the Seller has sent the Buyer a confirmation of order and has received payment of the total amount of the order.

The Seller advises the Buyer to save this information on paper or in electronic format.


5. Payment

The payment of the total amount of the order must be carried out by the Buyer when ordering. In no way can any paid out sum be regarded as a down payment or instalment.

Cashing of the total amount of the order will be carried out by the Seller on confirmation of the order or, in the event of payment by cheque or transfer, at the time of reception.

All orders are payable in Euros.

To settle the order, the Buyer can use the following payment means: bank card, check (only if issued by a bank settled on the French territory), bank transfer or online credit memo if available.

The website accepts the following bank cards: Visa and Master Card.

Credit memos are issued exclusively by the Seller and can only be used on the website. They are valid within a period of one year after the date of issuance.

On confirmation of the purchase order, the Buyer guarantees the Seller that he has all necessary authorizations to use the chosen method of payment.

In the event of non-payment of any sum due by the Buyer, or in the event of failure to pay, the Seller reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of completion. As a consequence, any differed payment terms authorised by the Seller will be immediately cancelled.

Penalties of an amount equal to the legal interest rate raised by five points are applicable in totality to the amounts unpaid at the conclusion of a ten day deadline following the date of invoicing, or from notification of the banking rejection of payment for any other means of payment. The delivery of any new order will be suspended in the event of delay of payment of a previous order and this, notwithstanding the state of the current order.

Decree n°2012-1115 of October 2, 2012
Obligation of the professional buyer towards the creditor: fixed penalty charge for recovery costs

Since January 1st, 2013, this decree has determined a fixed penalty charge in the amount of 40 Euros for any professional client in a situation of overdue payment. This penalty adds to the penalty due in the preceding paragraph. If the creditor can justify that the amount of the recovery costs exceeds 40 Euros, he is allowed a complementary compensation.

The Seller reserves the right to ask for a proof of identity from the Buyer for any payment by bank card.

In the context of anti online fraud, all information relating to the order may be passed to any third party for verification.


6. Choice of products

6.1. General Rules

The Buyer having taken knowledge of the products marketed by the Seller and of their characteristics carries his choice of the product/s and orders under his own responsibility and according to his needs.

Furthermore, in full knowledge of the materials, software, configurations and others which he uses, the Buyer is the sole judge of the compatibility of his equipment with the products he has ordered. It is the Buyer's responsibility to seek assistance if he thinks he is not sufficiently qualified.

6.2. Radio regulations

The Seller can in no way be held responsible in the following cases:
- use by the Buyer non-compliant with laws, texts and regulations governing the emission of waves in the electromagnetic spectrum.
- injuries caused to third parties by the effects known or unknown today resulting from the emission of the aforementioned waves, even when they comply with the authorized laws, rules, and operating procedures.


7. Delivery

7.1. General Rules

The products will be delivered to the address specified by the Buyer on the purchase order. It is recommended that he checks the information he has provided.

Unless otherwise specified, the invoices are sent by e-mail to the address indicated by the Buyer upon registration.

The Seller will not accept any claim from the Buyer in the event of non-respect of the procedures stated below.

The Seller delivers to metropolitan France (including Corsica and Monaco) and also to French overseas departments and territories, as well as the whole of the European Union. Deliveries to all other countries listed in the Country field on the purchase order are available after acceptance by the Buyer of a quotation including the shipping costs.

Goods are delivered either by the Colissimo service of the French Post Office, or by Exapaq, or by TNT.

Orders delivered buy TNT are if possible processed the same day if the order is made before 3:00 PM French time (15:00 hours).

Orders delivered by the Post Office are if possible processed the same day if the order is made before 1:00 PM French time (13:00 hours).

Orders delivered by Exapaq are if possible processed the same day if the order is made before 1:00 PM French time (13:00 hours).

All orders including made-to-measure cables or pigtails, customized antennas with cable and connector, or any equipment needing to be electronically configured in advance will be when possible processed the same day. However the delivery can be differed due to overbooking of the Seller’s workshops or availability of the required items in order to produce these made-to-measure equipments.

7.2. Delivery by 'Colissimo Suivi'

The Post Office delivers the merchandise at the Buyer's address, the Buyer signing a certified delivery receipt. In case of absence the Buyer or addressee receives a notice of delivery allowing him to retrieve the merchandise from the Post Office or any other certified delivery point within a fifteen day period.

On delivery, the Buyer must check the state of the package and the contents, in the presence of the Post Office employee or deliveryman.

Should the Buyer have any doubt whatsoever on the state or contents of the parcel, he must:
- apply the Colissimo procedure (report the damages, claims and reserves) and refuse the parcel by immediately notifying the Post Office employee (report n°170)
- report this incident to the Seller.

7.3. Delivery by TNT

TNT delivers the merchandise at the Buyer's address, the Buyer signing a certified delivery receipt. In case of absence the Buyer or addressee receives an ‘attempted delivery’ card asking him to contact TNT in order to make a further appointment.

On delivery, the Buyer must check the state of the package and the contents, in the presence of the deliveryman. Written mentions such as ‘subject to unpacking’ or ‘subject to inspection’ have no value in the event of a dispute and the carrier will not reimburse the items or the shipping costs.

In the event of a claim, the Buyer must not accept the parcel and immediately advise the Seller.

7.4. Delivery by Exapaq

Exapaq delivers the merchandise at the Buyer's address, the Buyer signing a certified delivery receipt. In case of absence the Buyer or addressee receives an ‘attempted delivery’ card asking him to contact Exapaq in order to make a further appointment.

On delivery, the Buyer must check the state of the package and the contents, in the presence of the deliveryman. Written mentions such as ‘subject to unpacking’ or ‘subject to inspection’ have no value in the event of a dispute and the carrier will not reimburse the items or the shipping costs.

In the event of a claim, the Buyer must not accept the parcel and immediately advise the Seller.

7.5. Delivery terms

The delivery terms, after confirmation of the Buyer's order are the following:
- Colissimo by postal mail: 2 to 5 working days
- Exapaq: 1 to 3 working days
- TNT: 1 working day, except for Saturdays. The term is not guaranteed if the Buyer hasn't given a telephone number that he can answer during daytime.

Any order confirmed before 1:00 PM (13:00 hours), from Monday to Friday (except bank holidays) will ship the same day, subject to stock availability and according to conditions of last paragraph of 7.1 Delivery - General Rules.

However, these delivery times are for information only and a possible delay in delivery cannot give cause for damages, deduction or cancellation of the order by the Buyer.

In any event, and according to Part L. 121-20-3 of the French Consumer Code, the products will be delivered within a maximum delay of thirty days, as from the day following the date of registration of the order by the Buyer, on condition of complete payment of the price.

For failure of delivery at expiry of this time, the Buyer will have the possibility to cancel his order. Sums paid by the Buyer will then be restored to him without delay, with exclusion of any other compensation.

In the event of over-extension of delivery terms, the Buyer will have to report it in writing (postal mail or e-mail) to The Seller in order to improve quality of service and to allow the Seller to start an investigation with the carrier.

Investigation with the carrier can take up to 21 working days. If during this time the parcel is found, it will immediately be sent to the place of delivery indicated in the purchase order. The 21 day deadline begins on the day of the claim by the Buyer to the Seller.

However, if the parcel is not found within this 21 day deadline, the Seller will re-send the order at its own expenses.

Should the product not be available at that time, first paragraph of 8 – Product availability will apply (French Consumer Code). In case the product is changed for another one, the shipping costs will be at the Buyer's expenses.

The Buyer receives delivery at the address specified at the time of his order. The Seller is not responsible for any over-extension of delivery period if the address is wrong or incomplete.

7.6. Quality or conformity problems

In the event of delivery of a product not corresponding to the order (defective or not matching), the Buyer must form a claim within 7 days after signing the delivery receipt.

The claims must be addressed by registered letter at the address mentioned in section 2 of the present General Terms and Conditions of sale, and must comprise:
- the Buyer's details.
- the product's part number(s).
- the reasons for the claim.

The products must be returned by the Buyer within seven working days after receiving a Return Material Authorization (RMA) number by one of the Seller’s Customer Service representative. This RMA number is obtained by sending a message to Customer Service by using the Contact form available on www.solarhertz.com. This message must give full detail of the products returned by the Buyer. The Buyer will return the product with a copy of the e-mail showing the RMA number, this RMA number being also legibly written on the outside of the return parcel.

Failing these, the Seller will not exchange or reimburse the ordered items.

Any product returned to the Seller for exchange or refund must be in its original state and packaging and must comprise the whole of the product and its accessories. The product and packaging have to be in salable condition.

All freight charges are the responsibility of the Buyer as well as all risks related to the return of the product.

For lack of respect of the aforementioned procedure and of times indicated, the Buyer will not be able to formulate any claim for non-conformity or apparent defect of the delivered products, these products being then considered in conformity and free from any apparent defect.


8. Product availability

In the event of unavailability of the ordered product, the Seller will inform the Buyer as soon as possible. In this case, and according to Part L121.20.3 of the French Consumer Code, the Seller will provide a product of equivalent quality and price. The forwarding costs will then be the responsibility of the Seller.

The Seller failing to make use of this faculty, the Buyer will be refunded without delay and at the latest within thirty days from his payment.


9. Right of Withdrawal

According to Part L121-20 of the French Consumer Code, the Buyer has seven days from the date of delivery to return the ordered products for exchange or refund. All freight charges are the responsibility of the Buyer.

The products must imperatively be returned to the Seller in a perfect state of resale, in their original state (packaging, accessories, instructions…), duly sealed and looking like new.

Any product that is incomplete, damaged, or with deteriorated packaging will neither be refunded nor exchanged.

In no case can the product be returned before the attribution of a RMA number by a representative of Megahertz Wireless Customer Service. The RMA number is obtained by sending a message to the customer service.


Does not apply to:
Customized or made-to-measure products designed especially for the customer, or products ordered out of catalog especially at the Buyers request are not returnable or refundable for any reason unless they are found to be defective or not in conformity with the ordered products. The right of withdrawal cannot be exerted (French Consumer Code, Part L.121-20-2) in the case of supply of goods produced to the exact specifications of the customer or substantially personalised or which, given the nature thereof, cannot be re-dispatched.


10. General conditions of refund

Any refunding by the Seller will be carried out by re-credit of the bank card used for the transaction, or by bank transfer on the bank account chosen by the Buyer and of which details (IBAN and Swift) have been provided in advance. By accepting the re-credit or transfer, the Buyer agrees not to form any contestation or opposition near his bank or other for the transaction concerned with refunding, and agrees not to do so during a year following the refund.

The Buyer admits being informed that failure to this obligation would expose him to retrocession of the unduly perceived sum, without prejudice of the damages which could be claimed by the Seller.


11. Restraint of property

The Seller preserves the full and whole property of products sold until the total cashing of the price, tax and expenses included.


12. Restrictions relating to software

The Buyer agrees to strictly respect the conditions of use of the software licences such as defined by the editors of the software.

The Buyer agrees to prevent himself from any act likely to carry infringement of the copyright of the authors of the software, of their beneficiaries or of the Seller in its capacity as distributor.


13. Guarantee

13.1. Unless otherwise duly indicated, the Seller guarantees each product sold on his website for a term of one year starting from the date of invoice. Beyond this term the Buyer will contact the manufacturer of the product.

13.2 Conditions for the application of conventional guarantee

The products sold on the website are guaranteed against all operating defects due to mal conception or manufacturing, for a term of one year starting from the date of invoice, and provided the Buyer has made use of the product as it is intended. The guarantee is excluded when the defect is the result of neglect, alteration or lack of maintenance of the product, or is related to an abnormal use.

Some products are guaranteed by the manufacturer, whose general terms vary from one supplier to the other. General terms and duration of guarantee are available on the website of the Seller. The Buyer will be reputed to having consulted and accepted them.

The software is guaranteed by the editor or software distributor, according to the conditions stated in the software specifications. No guarantee whatsoever is granted by the Seller on the software and, in particular, the Seller does not guarantee in any way that the software is exempt of defects or bugs.

13.3. Return of the product

Any return of a product under guarantee must receive prior agreement by the Seller. The Buyer must contact the after-sales Service using the Contact form, no return will be accepted without prior authorization of the Seller.

If the product is recognized as defective, the Seller will issue an RMA number to the Buyer. This RMA number is a decisive and essential condition and is valid seven working days as from its attribution by The Seller to the Buyer. At the end of this period, the Buyer will have to renew his claim, according to the procedure described above.

The faulty product must be returned in its original packaging, comprise the whole of the product and accessories. The RMA number and product serial numbers must be clearly indicated.

Any product returned incomplete, damaged and/or with a deteriorated packaging will not be taken back or exchanged within the context of the guarantee.

All costs and risks related to the return of the product are the responsibility of the Buyer.

The manufacturer decides whether to repair or exchange the product under guarantee.

13.4. In the case of latent defects affecting the delivered products The Seller guarantees only the exchange of the defective product, or defective parts of the product, and cannot be made responsible by the Buyer of the possible detrimental consequences that these latent defects could have involved.

13.5. In any event the guarantee does not cover:
- replacement of the consumables.
- incorrect or abnormal use of the products.
- damages previously made explicit by a Safety mention on the product datasheet.
- defects and their consequences due to the intervention of the Buyer or of a repairer not approved by the Seller.
- defects and their consequences related to improper use of the product.
- products under specific assistance and maintenance contracts.


14. Responsibility

All products offered for sale by the Seller conform to the current European and French legislation.

The Seller cannot be made responsible for the non-performance of the contract in the event of stock shortage, unavailability of the product, force majeure, disturbance or all-out strike or partial, particularly concerning postal services and means of transport and/or communications.

The Seller can not be made responsible of all consequential damages which could occur because of the purchase of the products.

The Seller cannot be responsible for any loss of data or files. It is the Buyer's responsibility to proceed to all the necessary backups.

Total or partial impossibility to use the products, particularly in the event of the purchase of incompatible devices cannot engage the responsibility of The Seller or involve any compensation or refunding.

The www.solarhertz.com website also contains information coming from third parties, and links towards other websites. The Seller will in no case be responsible of damage resulting from use or access or incapacity to use this third party information, or resulting from the contents of other websites.


15. Partial invalidity

If one or more stipulations of these general terms and conditions of sale are invalid or declared as such pursuant to a law or regulation, or following a definite decision by an appropriate court, the other stipulations will remain valid.


16. Non-renunciation

The fact for one of the parties of not prevailing itself of a failure to any one of the obligations stated in the present general terms and conditions of sale cannot be interpreted in the future as a renunciation of the obligation in question.


17. Applicable law - Jurisdiction

Product sales of the company Megahertz Wireless are subjected to French law.

All disputes that may arise from sales operated under these General Terms and Conditions are submitted to the jurisdiction of the Commercial Court of the City of Perpignan, France.


18. Personal Data Protection

The information collected by the Seller at the time of the order is required in the processing of the order by the Seller and its business partners. According to the French law governing personal data protection (Loi Informatique et Libertés n°78-17, January 6th, 1978) the Buyer has a right of access, correction, opposition and removal of any data related to him.

Via the Seller the Buyer can receive commercial propositions. Should the Buyer not wish to receive these propositions, he can inform the Seller by e-mail or postal mail at the following address:

info@solarhertz.com

Megahertz Wireless/Solarhertz
5, avenue Roger Roquefort
66320 MARQUIXANES
France


19. Customer Service

For more information the Buyer can contact the Customer service by using the Contact form available on the www.solarhertz.com website.