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GENERAL TERMS AND CONDITIONS OF SALE
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 whole of the sales of items featured on www.solarhertz.com, website of the company Megahertz Wireless.
Consequently, the fact of ordering a product for sale on the 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 on the purchase order.
The Buyer, acting as a private individual, declares prior to his order :
- that the product purchased on www.solarhertz.com is without direct connection with any professional activity, and is limited to a strictly personal use
- that having full legal capacity he is allowed to purchase under the present general terms and conditions of sale
The company Megahertz Wireless reserves the right to modify at any moment the present general terms and conditions of sale.
2.Identity of the Company
Megahertz Wireless Limited
Head Office
5, avenue Roger Roquefort
66320 MARQUIXANES
France
RCS 484.713.052 Perpignan
3. Access to the Website
The Buyer is responsible for the telecommunications 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 and orders
4.1. Price
The sale prices of the products on line on the website www.solarhertz.com, indicated in Euros, 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 in supplement of 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 V.A.T, applicable to the day of the order, and 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 Megahertz Wireless at any time. Any modification will be announced to the Buyer before any order.
4.2. Product features - Availability
According to article L 111-1 of the French Consumer Code, Megahertz Wireless 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 on the solarhertz.com website.
The Buyer selects one or more products among the various categories presented on the www.solarhertz.com website.
The products presented on the website is available from stock. For products not stored on location, the offers presented are valid but subject to availability from the suppliers of Megahertz Wireless.
Megahertz Wireless reserves the right to modify the set of products according to the constraints given by its suppliers.
The photographs and graphics of the online products are only indicative 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.
4.3. Order
Any order implies adhesion without restriction or reserve to the present general terms of sale.
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 regarded as final only after the Seller has sent the Buyer a confirmation of order and received payment of the total amount of the order.
Megahertz Wireless advises the Buyer to save these informations on paper or in electronic form.
5. Payment
The payment of the total amount of the order must be carried out by the Buyer while ordering. In no way can any payed out sum be regarded as a down payment or installment.
Cashing of the total amount of the order will be carried out by Megahertz Wireless 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 methods of payment : credit card (see detail below), cheque, postal order, bank transfer.
The website accepts the following credit cards : Visa and Master Card.
On confirmation of the purchase order, the Buyer guarantees Megahertz Wireless 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, Megahertz Wireless reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of completion.
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 could be suspended in the event of delay of payment of a previous order and this, notwithstanding the state of the current order.
Megahertz Wireless reserves the right to ask for a proof of identity from the Buyer for any payment by bank card.
The informations related to the Buyer's order can be transmitted to a third party for checks against Internet fraud.
6. Choice of products
6.1. General Rules
The Buyer having taken knowledge of the products marketed by Megahertz Wireless and of their characteristics, has carried his choice on the product/s and has ordered under his own responsibility and according to his needs.
The Buyer knowing himself the materials, software, configurations and others which he uses is the only 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 company Megahertz Wireless can in no way be made responsable in the following cases :
- Misuse by the Buyer of laws, texts and regulations governing the emission of waves in electromagnetic spectrum.
- Injuries caused to third parties by the known or unknown effects to this date resulting from the emission of the aforementioned waves, even when they conform with the authorized laws, rules, and procedures.
7. Delivery
7.1. General Rules
The products will be delivered to the address specified by the Buyer on the purchase order.
The invoices are sent to the e-mail address indicated by the Buyer on registration.
Megahertz Wireless will not accept any claim from the Buyer in the event of non-respect of the procedures stated below.
7.2. Characteristics of delivery by 'Colissimo Suivi de La Poste'
The Post delivers the merchandise at the Buyer's address, the Buyer signs 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 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 the 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 (report 170)
- report these incidents to Megahertz Wireless.
7.3. Characteristics of delivery by France Express
Delivery by France Express is only for shipping in Metropolitan France and Monaco.
The parcel is delivered to the Buyer by the deliveryman of the Company France Express, the Buyer signs the delivery receipt.
In case of absence of the Buyer or addressee, a notice of delivery is issued allowing the Buyer to contact the carrier so that another delivery can be organized.
The Buyer must check the state of the parcel and the quantities delivered.
If in doubt, the Buyer must open the parcel in front of the deliveryman because mentions such as 'subject to control and verification' or 'parcel damaged or torn' that may be indicated on the Delivery Receipt have no legal value and will not permit the assumption of responsibility of the litigation and the refunding of the order and shipping costs.
In the event of a notified litigation (material lost or damaged), the Buyer is then obliged to refuse the parcel and to report the incident to Megahertz Wireless without delay .
7.4. Delivery terms
The delivery terms, after confirmation of the Buyer's order are the following :
- 'Colissimo Suivi de La Poste' : 2 to 5 working days
- France Express : 1 working day, except for saturdays (Metropolitan France and Monaco only). The period is not guaranteed if the Buyer hasn't left a telephone number.
Any order confirmed before 13:00, from Monday to Friday (except bank holidays) will ship the same day, subject to stock availability.
These deadlines are non-conditional.
An over-extension of terms will not permit to give way to damages, reserve 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 (mail or email) to Megahertz Wireless in order to improve quality of service and to allow Megahertz Wireless 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 Megahertz Wireless.
On the other hand, if the parcel is not found within this 21 day deadline, Megahertz Wireless will re-send the order at its own expenses.
Should the product not be available at that time provisions stated in Part 8. will apply (French Consumer Code)
7.3. Characteristics of delivery by France Express
Delivery by France Express is only for shipping in Metropolitan France and Monaco.
The parcel is delivered to the Buyer by the deliveryman of the Company France Express, the Buyer signs the delivery receipt.
In case of absence of the Buyer or addressee, a notice of delivery is issued allowing the Buyer to contact the carrier so that another delivery can be organized.
The Buyer must check the state of the parcel and the quantities delivered.
If in doubt, the Buyer must open the parcel in front of the deliveryman because mentions such as 'subject to control and verification' or 'parcel damaged or torn' that may be indicated on the Delivery Receipt have no legal value and will not permit the assumption of responsibility of the litigation and the refunding of the order and shipping costs.
In the event of a notified litigation (material lost or damaged), the Buyer is then obliged to refuse the parcel and to report the incident to Megahertz Wireless without delay .
7.4. Delivery terms
The delivery terms, after confirmation of the Buyer's order are the following :
- 'Colissimo Suivi de La Poste' : 2 to 5 working days
- France Express : 1 working day, except for saturdays (Metropolitan France and Monaco only). The period is not guaranteed if the Buyer hasn't left a telephone number.
Any order confirmed before 13:00, from Monday to Friday (except bank holidays) will ship the same day, subject to stock availability.
These deadlines are non-conditional.
An over-extension of terms will not permit to give way to damages, reserve 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 (mail or email) to Megahertz Wireless in order to improve quality of service and to allow Megahertz Wireless 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 Megahertz Wireless.
On the other hand, if the parcel is not found within this 21 day deadline, Megahertz Wireless will re-send the order at its own expenses.
Should the product not be available at that time provisions stated in Part 8. will apply (French Consumer Code)
In case of an exchange of product, the shipping costs will be at the Buyer's expenses.
The Buyer receives delivery at the address specified at the time of his order. Solarhertz is not responsible for any over-extension of delivery period if the address is wrong or incomplete.
7.5. Quality or conformity problems
In the event of delivery of a product not corresponding to the order (defective or not corresponding), 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 paragraph 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 attribution of a Return Material Authorization number by a Megahertz Wireless Customer Service representative.
This RMA number is obtained by sending a message to Customer Service by using the contact form available on the www.solarhertz.com website. This message must give full detail of the products returned by the Buyer.
Any product returned to Megahertz Wireless 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 saleable 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 delivered products, products being then considered in conformity and free from any apparent defect.
8. Product availability
In the event of unavailability of the ordered product, Megahertz Wireless will inform the Buyer as soon as possible.
In this case, and according to Part L121.20.3 of the French Consumer Code, Megahertz Wireless will provide a product of equivalent quality and price. The forwarding costs will then be the responsibility of Megahertz Wireless .
Megahertz Wireless failing to make use of this faculty, the Buyer will be refunded without delay and at the latest within thirty days from payment of the sums he has paid.
9. Right of Withdrawal
According to Part L121-20 of the French Consumer Code, the Buyer has seven days from the date of reception 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 Megahertz Wireless 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 not be refunded or 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.
Custom or made to measure products, designed especially for the customer, 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 Megahertz Wireless will be carried out by bank transfer or check. By accepting the refund cheque 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 Megahertz Wireless.
11. Restraint of property
Megahertz Wireless preserves the full and whole property of products sold until the total cashing of the price, tax and expenses included.
12. Restrictions relating to the software
The Buyer agrees to strictly respect the conditions of use of the software licences such as defined by the editors of these softwares
The Buyer agrees to prevent himself from any act likely to carry infringement the copyrights of these softwares, of their beneficiaries or of Megahertz Wireless in its capacity as distributor.
13. Guarantee
13.1. Some products benefit from a guarantee 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 Megahertz Wireless. 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 Megahertz Wireless on the software and, in particular, Megahertz Wireless does not guarantee in any way that the software is exempt of defects or bugs.
Any return of product under guarantee must receive prior agreement by Megahertz Wireless. The Buyer must contact the after-sales service, no return will be accepted without prior authorization of Megahertz Wireless.
11. Restraint of property
Megahertz Wireless preserves the full and whole property of products sold until the total cashing of the price, tax and expenses included.
12. Restrictions relating to the software
The Buyer agrees to strictly respect the conditions of use of the software licences such as defined by the editors of these softwares
The Buyer agrees to prevent himself from any act likely to carry infringement the copyrights of these softwares, of their beneficiaries or of Megahertz Wireless in its capacity as distributor.
13. Guarantee
13.1. Some products benefit from a guarantee 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 Megahertz Wireless. 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 Megahertz Wireless on the software and, in particular, Megahertz Wireless does not guarantee in any way that the software is exempt of defects or bugs.
Any return of product under guarantee must receive prior agreement by Megahertz Wireless. The Buyer must contact the after-sales service, no return will be accepted without prior authorization of Megahertz Wireless.
If the product is recognized as defective, Megahertz Wireless 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 Megahertz Wireless 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, 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 wether to repair or exchange the product under guarantee.
13.2. In the case of latent defects affecting the delivered products Megahertz Wireless 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.
13.3. In any event the guarantee does not cover :
- replacement of the consumables.
- incorrect and improper use of the products.
- damages 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 Megahertz Wireless.
- defects and their consequences related to improper use of the product.
- products under specific assistance and maintenance contracts.
14. Responsibility
Products offered for sale by Megahertz Wireless conform to the actual French legislation.
Megahertz Wireless cannot be made responsible of the inexecution of the contract in the event of stock shortage, unavailability of the product, major force, disturbance or all-out strike or partial, particularly concerning postal services and means of transport and/or communications.
Megahertz Wireless can not be made responsible of all consequential damages which could occur because of the purchase of the products.
Megahertz Wireless 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 incompatible devices cannot engage the responsibility of Megahertz Wireless or involve any compensation or refunding.
The www.solarhertz.com website also contains information coming from third parties, and links towards other websites. Megahertz Wireless will in no case be responsible of damage resulting from use and/or access to its website, or damage resulting from incapacity to use this third information, or 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
16. 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
Product sales of the company Megahertz Wireless are subjected to French law.
18. Personal Data Protection
The information collected by Megahertz Wireless at the time of the Buyer ordering are necessary for management of the order by Megahertz Wireless 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 disposes of a right of access, correction, opposition and suppression on any data related to him.
Via Megahertz Wireless the Buyer can receive commercial propositions from Megahertz Wireless. Should the Buyer not wish to receive these propositions, he can inform Megahertz Wireless by mail at the following address :
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, 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 wether to repair or exchange the product under guarantee.
13.2. In the case of latent defects affecting the delivered products Megahertz Wireless 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.
13.3. In any event the guarantee does not cover :
- replacement of the consumables.
- incorrect and improper use of the products.
- damages 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 Megahertz Wireless.
- defects and their consequences related to improper use of the product.
- products under specific assistance and maintenance contracts.
14. Responsibility
Products offered for sale by Megahertz Wireless conform to the actual French legislation.
Megahertz Wireless cannot be made responsible of the inexecution of the contract in the event of stock shortage, unavailability of the product, major force, disturbance or all-out strike or partial, particularly concerning postal services and means of transport and/or communications.
Megahertz Wireless can not be made responsible of all consequential damages which could occur because of the purchase of the products.
Megahertz Wireless 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 incompatible devices cannot engage the responsibility of Megahertz Wireless or involve any compensation or refunding.
The www.solarhertz.com website also contains information coming from third parties, and links towards other websites. Megahertz Wireless will in no case be responsible of damage resulting from use and/or access to its website, or damage resulting from incapacity to use this third information, or 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
16. 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
Product sales of the company Megahertz Wireless are subjected to French law.
18. Personal Data Protection
The information collected by Megahertz Wireless at the time of the Buyer ordering are necessary for management of the order by Megahertz Wireless 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 disposes of a right of access, correction, opposition and suppression on any data related to him.
Via Megahertz Wireless the Buyer can receive commercial propositions from Megahertz Wireless. Should the Buyer not wish to receive these propositions, he can inform Megahertz Wireless by mail at the following address :
Megahertz Wireless
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.
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.