Terms of sale
These terms of sale are conclude between :
On one side, by SYOS SA, SIREN n°822203410. Hereinafter called “Syos” or “ syos.co”.
On the other side, any physical or legal person who wish to buy on syos.co website. Hereinafter “the customer” or “the buyer”.
Article 1 – Object
The following terms of sale aim to define the contractual relationship between Syos and the buyer as well as the applicable conditions to any purchase made through the commercial website of syos.co – whether he is a customer or a professional.
The acquisition of any product or service through this website imply an unreserved acceptance of these terms of sale. These terms of sale apply excluding any other conditions. They will prevail over any other general or particular terms expressly agreed by syos.co.
Syos reserves the possibility to modify these terms of sale at any time. In this case, the applicable conditions will be the current one at the ordering date.
Article 2 - Characteristics of the proposed products and services
The offered products and services are the ones present in the catalogue published by syos.co website. These products are custom-made. The conception then the production are lunched when the order is made. However, it can happen numerous orders are made at the same time which can lead to production delays. In that case the customer will be informed of the delay duration by e-mail.
The catalogue pictures are as accurate as possible but they can’t assure a perfect similarity with the offered product.
Article 3 – Prices
The price of our products delivered in continental France and Europe are indicated in Euros all taxes included out-off expedition and transportation prices. The price of our products delivered in the DOM TOM and beyond Europe are indicated in euros out-off taxes and expedition and transportation taxes. The payment of the applicable VAT as well as duties is made by the customer to the local tax and customs authorities.
Syos reserves the right to modify at any time its prices – understanding that the price announced when the order is placed will be the price to pay by the customer.
Article 4 – Order
On the internet : www.syos.co. The buyer who wish to buy a product or service must necessarily :
- Fill-up the identification form on which he will enter all the asked details as well as any necessary information for the delivery ;
- Fill-up the online order form giving all the references of the selected products and services ;
- Fill-up the online form telling his choices for the mouthpiece customization ;
- Validate the order after verifying it ;
- Pay the bill at the ordering time.
The order confirmation will lead to the acceptation of these terms of sale and to the recognition of having a perfect knowledge of them and to the waiver of his own or others terms. All the given data and the registered confirmation will have the value of transaction proofs.
The confirmation will be worth as signature and acceptation of the carried out operations. Syos will communicate by e-mail the registered order confirmation. Syos wouldn’t be held responsible of the consequences caused by any event independent of its will especially in the case of force majeure which could lead to delays or stop the order made online. Some orders could be subject to additional requests. In this case the customer will be informed by e-mail or phone call of the justification documents to send in order to obtain the definitive order confirmation.
Syos reserves the right to cancel an order in case of no reception of the required documents or the reception of non-compliant documents. The order could be cancel by Syos for any reason including a lack of required shipping information. The customer will be kept up to date by Syos.
Article 5 – Mouthpiece customization
As part of the process of a 299€ (tax included) custom-made mouthpiece, Syos commits to send new improved mouthpieces until the customer is satisfied. However, the customer must respect the following rules:
- Each improvement application must take place under 30 days following the shipping date of the former mouthpiece trough Syos online return questionnaire, by mail ([email protected]) or by phone (01 44 54 92 38)
- The customer cannot ask for a change in the color
- The iterations are made to improve the existing mouthpiece, no drastic change will be allowed
- Once convinced by a mouthpiece, the customer will have to return every former mouthpiece to the following address: SYOS - 3 cité de l'Ameublement - 75011 PARIS. A return label will be provided for a return from France. The customer will pay for the return from every other country except France, but will be able to ask for a refund of the shipment charges if he provides a proof of purchase, within a limit of 15€.
Article 6 – Product Return
If the customer is not satisfied by his product he can ask to be refunded within 30 days as of the day the product has been sent - the postmark will be held as proof. Thus, he will have to send back the product in its original condition - no scratches or any deterioration - in an appropriate packaging which will ensure the product safe transportation at the following address : SYOS – 3 cité de l’Ameublement – 75011 PARIS - FRANCE.
The customer assumes the responsibility of returning the product. In case of controversy he will be asked to give to Syos a proof of shipping.
After reception and verification of the product good condition Syos will proceed to the refund.
Particular case of Special Offers : During special offers with a discount bigger than 30%, the mouthpieces are not exchangeable or refundable. A special page is created by Syos to explain de particular conditions of the offer and a warning is shown when the discount code is used.
Article 7 – Terms of payment
The payment method choice on syos.co website is made by the customer :
- With a credit card of CB, VISA and MASTERCARD networks. The payment is made by credit card through Stripe.com secured website which uses the SSL (Secure Socket Layer) protocol in such a way that transmitted information is encrypted by a software and no outsider can access them during the transmission of data on the Internet network.
- With Paypal.
Article 8 – Delivery
The deliveries are ensured by La Poste from Monday to Saturday.
The delivery is made to the address given by the customer – which can be the customer’s place of domicile or to another natural or legal person (place of work) of its choice. The delivery can’t be made at hostels or post boxes. Orders are prepared as fast as possible after reception of the confirmation. Understood that the product is customized – thus produced specifically for every customer – no production time will be given. However, Syos commits to send the product within 30 days as of the payment date. As of La Poste has taken care of the shipment the product will be delivered at the customer’s place. La Poste doesn’t guarantee any delivery time but says indicatively that they should be delivered from 2 to 3 business days for French deliveries or from 3 to 8 business days for European and international deliveries. In order to respect these delivery times the customer must ensure he gave the right and complete delivery address (such as – particularly : street number, building, stairs, codes, names and/or interphone number, etc.). The indicated time limits are indicative – they correspond to the average time of treatment and delivery. Syos can’t be held responsible of the consequences of the delivery delays which are not its fault.
Article 9 – Right of withdrawal
Syos mouthpieces are custom made for the customer who asked for it – thus he won’t benefit his withdrawal right according to the article L 121-21-8 3° of the French consumer code.
However, Syos engages to exchange the products which don’t match with your order (defective or non-compliant).
Article 10 – Warranty
10.1 Legal compliance and warranty towards defective products and hidden defects
The legal compliance warranty is defined by the articles L 217-4 to L217-14 of the French consumer code and the legal warranty towards non-compliance and hidden defects are defined by the articles 1641 to 1649 of the French civil code.
In case of non-compliance of the product or hidden defects Syos will take over the return costs.
10.2 Contractual warranty
In addition to the legal warranty reminded in article 10.1 Syos ensures to all its customer a two-year-contractual warranty on all its products.
If a defect is noticed by the customer he will have to inform Syos after-sale service by registered letter with an acknowledgement of receipt at the following address : 3 cité de l’Ameublement – 75011 PARIS – FRANCE. Pictures of the product must be sent in the letter.
Before giving its approval to take care of the guaranteed product Syos will proceed to the following verifications :
- The product is conform to the product ordered by the customer without damages or particular modifications ;
- The defectiveness declared by the customer is not a result of a misuse of the ordered product, normal wear and tear of the product or an accidental event possibly caused by an outsider.
In case of confirmation of care decided by Syos in the name of this guarantee Syos engages to exchange the product that is apparently defective.
The returns in metropolitan France can only be done when the after-sale service gives its approval by sending a pre-paid return voucher. After receipting the return voucher sent by e-mail by Syos after-sale service the customer has 30 days to send the product back. After that time the return will be done with his own means. The returns from abroad will be refund as a credit note up to 40 euros maximum.
Thus, Syos will proceed to the exchange with an equivalent-characteristic product or with a credit note valid for one year.
Article 11 – Responsibility
During the online selling process the seller is only obliged to provide an obligation of means – its responsibility can only be engaged for a damage resulting from the Internet network use such as the loss of data, intrusion, virus, service rupture or other involuntary problems. In case of force majeure - in particular the total or partial postal services or carrier strike and catastrophes due to flood or fire - syos.co wouldn’t be held responsible for failing the concluded contract. Syos.co wouldn’t be held responsible for any indirect or direct damages, operating loss, profit loss or supplementary cost resulting from products bought in order to satisfy professional needs.
Article 12 – Copyright
All syos.co website elements remain Syos exclusive intellectual property.
Regardless of his goal nobody is allowed to reproduce, exploit, broadcast or use software, sound or visual elements from this website - even partially.
Article 13 – Privacy protection
In conformity with French data processing law (loi relative à l'informatique, aux fichiers et aux libertés du 6 janvier 1978) customers’ private data can be subject to automatic treatment.
The data given by the customer are dedicated to Syos exclusive use.
Syos engages not to transmit to outsiders personal information given by individuals on its website. These are confidential.
Moreover, the users have the right to access and modify these data in conformity with French law.
Article 14 – Archiving – Evidences
Syos will archive the purchase orders and invoices on a reliable and stable media which constitutes a reliable copy in conformity with the article 1348 of French civil code. Syos.co computerized records will be considered by the parties as proofs for communications, orders, payments and transactions born between the parties.
Article 15 – Dispute resolution
These online terms of sale are submitted to French law. For any conflict or dispute the qualified jurisdiction will be Paris commercial court.