General terms and conditions of use

Article 1. Subject

The purpose of these general terms and conditions is to define the terms and conditions of use of the services offered on the https://fb-solutuions.tech website (hereinafter: the “Services”), as well as to define the rights and obligations of the parties in this context.

In particular, they are accessible and printable at any time via a direct link at the bottom of the site’s home page.

They may be supplemented, if necessary, by terms of use specific to certain Services. In the event of contradiction, the special terms and conditions shall prevail over these general terms and conditions.

Article 2. Operator of the Services

The Services are operated by FB SOLUTIONS SARL with a share capital of 334 euros, registered with the Paris Trade and Companies Register under no. 841 611 692, whose registered office is located at 2 square Claude Debussy, 92160 Antony (hereinafter: “FB SOLUTIONS”).

FB SOLUTIONS can be contacted at the following address and telephone number:

• Postal address: 2 square Claude Debussy, 92160 Antony
• E-mail address: contact@fb-solutions.tech

Article 3. Access to the site and Services

The Services are accessible, subject to the restrictions set out on the site:

• to any natural person with full legal capacity to commit under these general terms and conditions. The natural person who does not have full legal capacity can only access the Site and Services with the agreement of his legal representative ;
• to any legal entity acting through the intermediary of a natural person having the legal capacity to contract in the name and on behalf of the legal entity.

Article 4. Acceptance of the general terms and conditions

Acceptance of these general terms and conditions is evidenced by a tick box in the registration form and the order form. This acceptance can only be full and complete. Any membership with reservations is considered null and void. The User who does not accept to be bound by these general terms and conditions must not use the Services.

Article 5. Registration on the site

Article 5.1

Use of the Services requires the User to register on the site, by filling in the form provided for this purpose. The User must provide all the information marked as compulsory. Any incomplete registration will not be validated.

Registration automatically entails the opening of an account in the name of the User (hereinafter: the “Account”), giving him access to a personal space (hereinafter: the “Personal Space”) which enables him to manage his use of the Services in a form and according to the technical means that FB SOLUTIONS deems most appropriate for rendering said Services.

The User guarantees that all the information he or she provides in the registration form is accurate, up-to-date and truthful and is not misleading.

It undertakes to update this information in its Personal Space in the event of any changes, so that it always corresponds to the above-mentioned criteria.

The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User is binding upon him/her as soon as it is validated

Article 5.2

The User may access his Personal Space at any time after having identified himself using his login and password.

The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he bears full responsibility for doing so.

He is equally responsible for maintaining the confidentiality of his login and password. He must immediately contact FB SOLUTIONS at the contact details mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. He acknowledges the right of FB SOLUTIONS to take all appropriate measures in such a case.

Article 6. Description of the Services

The User has access to the Services described on the site, in a form and according to the functionalities and technical means that FB SOLUTIONS deems most appropriate.

Article 7. Paid services

Article 7.1 – Prices

The price of the Services is indicated on the website. Unless otherwise stated, they are expressed in euros and exclusive of tax.

FB SOLUTIONS reserves the right, at its own discretion and according to terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.

Article 7.2 – Price revision

The price of Services may be subject to revision by FB SOLUTIONS at any time at its discretion.

The User will be informed of these modifications by FB SOLUTIONS by email with a notice period of at least 30 days before the new prices come into force.

The User who does not accept the new prices must terminate his use of the Services in accordance with the terms set out in article 18. Failing this, he will be deemed to have accepted the new prices.

Article 7.3 – Invoicing

The Services are the subject of invoices which are communicated to the User by any useful means.

Article 7.4 – Methods of payment

The methods of payment for the price of the Services are described on the site.

Payment is made by direct debit from the User’s bank card number or from the bank details provided by the User.

The direct debit is implemented by the payment service provider designated on the site, which alone keeps the User’s bank details for this purpose. FB SOLUTIONS does not retain any bank details.

The User guarantees to FB SOLUTIONS that he has the necessary authorisations to use the chosen method of payment. He undertakes to take the necessary measures so that the price of the Services can be debited automatically.

Article 7.5 – Payment delays and incidents

The User is informed and expressly accepts that any delay in payment of all or part of a sum due on its due date will automatically, without prejudice to the provisions of article 12 and without prior formal notice, result in the User being liable for any delay in payment:

• the forfeiture of the term of all sums due by the User and their immediate payability ;
• the immediate suspension of the Services in progress until full payment of all sums due by the User ;
• the invoicing to the benefit of FB SOLUTIONS of late payment interest at a rate of 10% the legal interest rate, based on the amount of all the sums owed by the User.

Article 8. Data

The User expressly acknowledges and accepts:

• that the data collected on the site and on FB SOLUTIONS’ IT equipment is proof of the reality of the operations carried out within the framework of the present document ;
• that this data constitutes the only method of proof admitted between the parties, in particular for the calculation of the sums due to FB SOLUTIONS.

The User may access this data in his Personal Space.

Article 9. Obligations of the User

Without prejudice to the other obligations set out herein, the User undertakes to respect the following obligations:

Article 9.1

The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

In particular, he is solely responsible for the proper completion of all formalities, particularly administrative, fiscal and/or social formalities, and for all payments of contributions, taxes or duties of any kind incumbent upon him, where applicable, in relation to his use of the Services. FB SOLUTIONS may under no circumstances be held liable in this respect.

Article 9.2

The User acknowledges having read the characteristics and constraints, in particular technical constraints, of all the Services on the site. He is solely responsible for his use of the Services.

Article 9.3

The User is informed and accepts that the implementation of the Services requires that he/she is connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.

Article 9.4

The User is also solely responsible for the relations that he/she may establish with other Users and the information that he/she communicates to them within the framework of the Services. It is incumbent upon him to exercise the appropriate prudence and discernment in these relations and communications. The User also undertakes, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.

Article 9.5

The User undertakes to make strictly personal use of the Services. Consequently, he shall refrain from assigning, conceding or transferring all or part of his rights or obligations hereunder to a third party in any manner whatsoever.

Article 9.6

The User undertakes to provide FB SOLUTIONS with all the information necessary for the proper execution of the Services. More generally, the User undertakes to cooperate actively with FB SOLUTIONS with a view to the proper execution of the present Terms and Conditions.

Article 9.7

The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and/or image possibly chosen by the User to identify him or her on the site) that he or she disseminates as part of the Services (hereinafter referred to as: the “Content”).

He guarantees FB SOLUTIONS that he has all the rights and authorisations necessary for the distribution of this Content.

It undertakes to ensure that the said Content is lawful, does not undermine public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is not in any way liable to give rise to the civil or criminal liability of FB SOLUTIONS.

The User thus refrains from disseminating, in particular and without this list being exhaustive:

• Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist,
• infringing Content,
• Contents that are detrimental to the image of a third party,
• Content that is false, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
• Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
• and, more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner and in any form whatsoever.

Article 9.8

The User acknowledges that the Services offer him/her an additional but not alternative solution to the means that he/she already uses elsewhere to achieve the same objective and that this solution cannot replace these other means.

Article 9.9

The User must take the necessary measures to safeguard by his own means the information in his Personal Space that he deems necessary, no copies of which will be provided to him.

Article 9.10

The User is informed and accepts that the implementation of the Services requires that he/she is connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.

Article 10. User’s guarantee

The User indemnifies FB SOLUTIONS against any complaints, claims, actions and/or demands whatsoever that FB SOLUTIONS may suffer as a result of the breach by the User of any of its obligations or guarantees under the terms of these general terms and conditions.

It undertakes to compensate FB SOLUTIONS for any damage it may suffer and to pay it all the costs, charges and/or sentences it may have to bear as a result.

Article 11. Prohibited behaviour

Article 11.1

It is strictly forbidden to use the Services for the following purposes:

• the exercise of activities that are illegal, fraudulent or that infringe the rights or security of third parties,
• breach of public order or violation of the laws and regulations in force,
• Intrusion into the computer system of a third party or any activity likely to harm, control, interfere with, or intercept all or part of a third party’s computer system, violate its integrity or security,
• the sending of unsolicited emails and/or canvassing or commercial solicitation,
• manipulations intended to improve the referencing of a third party site,
• aiding or abetting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
• and more generally any practice that diverts the Services for purposes other than those for which they were designed.

Article 11.2

Users are strictly prohibited from copying and/or diverting the concept, technologies or any other element of the FB SOLUTIONS website for their own purposes or those of third parties.

Article 11.3

The following are also strictly prohibited:

• any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services,
• any intrusion or attempted intrusion into the systems of FB SOLUTIONS,
• any diversion of the system resources of the site,
• any action likely to impose a disproportionate burden on the infrastructures of the site,
• any breaches of security and authentication measures,
• any acts likely to harm the financial, commercial or moral rights and interests of FB SOLUTIONS or the users of its site, and finally more generally
• any breach of these general terms and conditions.

Article 11.4

It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or to the site, as well as to the information hosted and/or shared therein.

Article 12. Penalties for breaches

In the event of failure to comply with any of the provisions of these general terms and conditions or, more generally, of infringement of the laws and regulations in force by a User, FB SOLUTIONS reserves the right to take all appropriate measures and, in particular, to:

• suspend or terminate the access to the Services of the User, author of the breach or infringement, or having participated in it,
• delete any content posted on the site,
• publish on the website any information message that FB SOLUTIONS deems useful,
• notify any relevant authority,
• initiate any legal action.

Article 13. Liability and guarantee of FB SOLUTIONS

Article 13.1

FB SOLUTIONS undertakes to provide the Services diligently and in accordance with the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.

Article 13.2

FB SOLUTIONS has no knowledge of the Content put online by Users within the framework of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it only acts as a hosting service provider.

Consequently, FB SOLUTIONS may not be held liable for the Content, the authors of which are third parties, and any possible claim must be directed in the first instance to the author of the Content in question.

Content that is prejudicial to a third party may be notified to FB SOLUTIONS in accordance with the procedures set out in article 6 I 5 of Law no. 2004-575 of 21 June 2004 for confidence in the digital economy, FB SOLUTIONS reserving the right to take the measures described in article 12.

Article 13.3

FB SOLUTIONS declines all liability in the event of the possible loss of information accessible in the User’s Personal Space, the User must save a copy of this information and may not claim any compensation in this respect.

Article 13.4

FB SOLUTIONS undertakes to carry out regular checks in order to verify the operation and accessibility of the site. In this respect, FB SOLUTIONS reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, FB SOLUTIONS shall not be held liable for momentary difficulties or impossibilities of access to the site due to circumstances beyond its control, force majeure, or due to disturbances in the telecommunications networks.

Article 13.5

FB SOLUTIONS does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way proposed solely for the benefit of a given User according to his or her own personal constraints, will specifically meet his or her needs and expectations.

Article 13.6

In any event, the liability likely to be incurred by FB SOLUTIONS hereunder is expressly limited to the direct damage suffered by the User.

Article 14. Intellectual property

The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) used by FB SOLUTIONS within the website are protected by all intellectual property rights or database producer rights in force. All disassembly, decompilation, decryption, extraction, reuse, copying and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of FB SOLUTIONS are strictly prohibited and may be subject to legal proceedings.

Article 15. Data of a personal nature

FB SOLUTIONS has a policy for the protection of personal data, the characteristics of which are explained in the document entitled “Confidentiality Charter”, which the User is expressly invited to read on the site.

Article 16. Advertising

FB SOLUTIONS reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions of which FB SOLUTIONS shall be the sole judge.

Article 17. Links and third party sites

FB SOLUTIONS may under no circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) which the User may access via the website.

FB SOLUTIONS accepts no responsibility for the content, advertising, products and/or services available on such third party sites and mobile applications, which are governed by their own conditions of use.

FB SOLUTIONS is also not responsible for transactions between the User and any advertiser, professional or merchant (including any partners) to which the User may be directed via the site and shall under no circumstances be party to any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.

Article 18. Duration of the Services, unsubscription

The Services are subscribed for an indefinite period.

The User may unsubscribe from the Services at any time, by sending a request to this effect to FB SOLUTIONS by email, to the contact details mentioned in article 2.

Unsubscription is effective immediately. It entails the automatic deletion of the User’s Account.

Article 19. Modifications

FB SOLUTIONS reserves the right to modify these general terms and conditions at any time.

The User will be informed of these modifications by any useful means.

The User who does not accept the modified general terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in article 18.

Any User who makes use of the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.

Article 20. Language

In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute as to the meaning of a term or provision.

Article 21. Applicable law and jurisdiction

These general conditions are governed by French law.

In the event of a dispute concerning the validity, interpretation and/or execution of these general conditions, the parties agree that the Paris courts shall have exclusive jurisdiction to judge, unless mandatory procedural rules to the contrary exist.

Article 22. Coming into force

These general terms and conditions came into force on 1 January 2021.

The purpose of these general terms and conditions is to define the terms and conditions of use of the Emlid Assistance (hereinafter: the “Services”), as well as to define the rights and obligations of the parties in this context.

In particular, they are accessible and printable at any time via a direct link at the bottom of the site’s home page.

They may be supplemented, if necessary, by special conditions of use. In the event of contradiction, the special terms and conditions shall prevail over these general terms and conditions.

As a reminder, it is specified that the general conditions of use to which the customer has been subject since the acquisition of his Emlid Reach RS2 receiver remain applicable hereunder, including for the firmware updates that he will apply.

Any subscription by the customer to an Emlid Assistance contract implies the customer’s acceptance of the following conditions.

Operator of the Services

The Services are operated by FB SOLUTIONS SARL with a share capital of 334 euros, registered with the Paris Trade and Companies Register under no. 841 611 692, whose registered office is located at 2 square Claude Debussy, 92160 Antony (hereinafter: “FB SOLUTIONS”).

FB SOLUTIONS can be contacted at the following address and telephone number:

• Postal address: 2 square Claude Debussy, 92160 Antony
• E-mail address: contact@fb-solutions.tech

Article 1. Phone assistance

In the context of telephone assistance, FB SOLUTIONS will endeavour, within the framework of an obligation of means, to answer as quickly as possible any questions of interest to the customer and related to the use of the Emlid Reach RS2 receiver covered by an Emlid Assistance contract. The number of telephone calls is not limited. Total call time is limited to 4 hours per year. Only the owner of the Reach RS2 receiver is entitled to contact the hotline.

In no way can FB SOLUTIONS compensate for a lack of training on the part of the customer if it appears that the customer does not have the skills required to use the receiver.
The phone assistance is provided by qualified technical personnel.

The hours of intervention are from Monday to Friday inclusive from 9.00 am to 5.00 pm, Paris time in France, with the exception of public holidays of FB SOLUTIONS. FB SOLUTIONS reserves the right to modify its opening hours and will inform the client of the new opening hours by any means at its convenience.

The support services are carried out on the basis of the latest major version N of ReachView (the major version is distinguished by a change in the 2nd digit of the version number) or at most on the version N-1 of the software being marketed on the day of the support request.

This service does not include the Customer’s on-site visit, which may only take place by mutual agreement with FB SOLUTIONS, after having exhausted all the usual remote diagnosis operations.

The on-site intervention will give rise to invoicing at the rate conditions in force, and after acceptance by the Client of an estimate provided.

The services described above are provided by FB SOLUTIONS on condition that the malfunctions are reproducible, are not due to firmware not covered by the Emlid Assistance contract, that the software has not been modified and that it is used in accordance with its documentation and the recommendations indicated by Emlid on the Internet sites https://emlid.com and https://docs.emlid.com .

Article 2. Updates

FB SOLUTIONS shall inform the customer, by any means at its convenience, of the availability of an update of ReachView.

These updates include corrective updates characterised by the correction of malfunctions, minor updates which include changes in functionality, major updates which include new features and/or changes to the essential internal structure of the previous version.

A software update is accompanied by an update of the electronic manual.

The customer will install software updates under his own responsibility.

If necessary, he may be assisted by FB SOLUTIONS.

Article 3. Duration and termination

The assistance contract is concluded for a period of one year from the date indicated in the “designation” part of the invoice sent to the customer, unless otherwise stipulated in the invoice. Unless denounced by FB SOLUTIONS or by the client, by registered letter with acknowledgement of receipt, at least one month before its expiry, the assistance contract will be automatically renewed by tacit agreement. Termination, or the end for any reason whatsoever, of this contract shall not give rise to the reimbursement of the sums collected by FB SOLUTIONS.

FB SOLUTIONS reserves the right to suspend or limit access to the services subscribed to by the client, after having notified the latter by any means:

• In the event of non-performance of one of its obligations under this contract.
• In the event of exceeding the customer’s consumption limit.
• In the event of non-payment by the client of the sums due, and after sending a reminder letter that has remained without effect, FB SOLUTIONS may suspend the services to which the client has subscribed.

The suspension of services does not result in the suspension of invoicing; it renders all sums invoiced to the client immediately payable.

Article 4. Annual subscription

In return for the services provided, the customer undertakes to pay, on the date of the invoice, the price in force on the day the contract is subscribed or renewed. The payment of the invoice implies acceptance by the client of the conditions of the Emlid Assistance contract. FB SOLUTIONS reserves the right to immediately suspend the execution of the contract in the event of non-payment, until the price has been paid in full. FB SOLUTIONS reserves the right to revise the price of the contract by applying the new tariff in force, particularly in the event of a change in the services offered.

Unless otherwise instructed by the client sent by registered letter with acknowledgement of receipt, before the expiry date of the current period, the contract will be renewed under the new conditions. In the event of non-payment on the due date, penalties of a sum equal to 10% of the legal interest rate will be applied 15 days after the payment deadline, without the need for a reminder.

Article 5. Liability

FB SOLUTIONS shall not be held liable for any delay in the execution of the aforementioned services. Furthermore, FB SOLUTIONS may not be held liable in the event of the ill-considered application or lack of application of the advice for use provided within the framework of the telephone assistance or advice that does not emanate from FB SOLUTIONS itself. Under no circumstances may FB SOLUTIONS be held liable for the destruction or deterioration of files or programmes. It is the responsibility of the client to protect himself against these risks by making the necessary backups. If the liability of FB SOLUTIONS is engaged hereunder, the compensation that may be claimed from it is expressly limited to the amount of the price received by FB SOLUTIONS, for the 12-month period in progress at the time of the occurrence of the damage. The provisions of these conditions establish a distribution of risks between FB SOLUTIONS and the client. The price reflects this distribution as well as the limitation of liability described.

This contract is subject to French law. In the event of a dispute, express jurisdiction is attributed to the Commercial Court of Paris, notwithstanding plurality of defendants or appeal in warranty, even for emergency or conservatory procedures.

The following terms and conditions apply to all sensors, devices and other equipment supplied by FB SOLUTIONS SARL (“FB SOLUTIONS”) for assistance.

Article 1. Conclusion of the contract

The contract shall come into effect as soon as FB SOLUTIONS receives the general terms and conditions signed by the contracting party and as soon as the payment, including the deposit, has been received.

Article 2. Deposit

A deposit of X € – see values at the end of the document – will be charged for the appliances and items supplied. If the contracting party returns the products supplied to FB SOLUTIONS in due time, the total amount of the deposit will be returned to the bank account provided by the contracting party within ten working days.

Article 3. Liability

FB SOLUTIONS is obliged to supply the items ordered. If FB SOLUTIONS – for any reason whatsoever – is unable to supply the goods ordered, FB SOLUTIONS shall be entitled to replace the articles ordered with equivalent or better quality goods.

All claims for damages and compensation by the contracting party, for whatever legal reason, whether direct or indirect damage (incidental or consequential damage), damage to property, damage to assets or personal injury, are excluded, unless it is proved that FB SOLUTIONS has acted intentionally, through gross negligence or in breach of a major contractual obligation. FB SOLUTIONS shall not be liable in cases of force majeure, nor for the consequences that may arise if the equipment cannot be used or used in time because of material damage.

If defects appear during use, FB SOLUTIONS will be notified by the contracting party. In this case, FB SOLUTIONS shall be obliged to set a reasonable period of time to carry out the error handling procedure or to provide a replacement device.

Prior to delivery, the overall functionality shall be tested. Pre-existing damage and wear and tear must be notified to the contracting party in writing.

Article 4. Obligations

The contracting party is obliged to examine the equipment for recognisable defects as soon as it is received and – unless otherwise stated on the delivery and/or deposit slip of the items supplied – to notify these defects to FB SOLUTIONS. Subsequent notifications of defects are excluded and will not be recognised by FB SOLUTIONS. The contracting party may be liable for any damage discovered subsequently.

The contracting party undertakes to handle the articles/items supplied and their packaging correctly and with care. The contracting party undertakes to ensure that the property of FB SOLUTIONS is not altered/compromised by a third party during the rental period; any seizure, damage or loss of the material supplied must be immediately communicated to FB SOLUTIONS.

The contracting party is fully responsible for any damage or loss of the supplied items until the end of the rental period. The contracting party shall bear the costs of repairing reparable damage and, in the case of non-repairable damage, shall bear the replacement value. At the end of the rental period, the Contracting Party shall be obliged to return the items supplied in the same condition as received.

All items that were in the original packaging must be returned to FB SOLUTIONS. The missing material (cable, accessories…) will be invoiced to the contracting party.
In case of stains and impurities, FB SOLUTIONS reserves the right to charge the contracting party additional cleaning and examination costs. The contracting party undertakes to bear all additional expenses, risks and charges arising from the use of the equipment. The contracting party is responsible for organising the timely return delivery at its own expense.

Article 5. Withdrawal from the contract

The contracting party has the right to terminate the contract in written form after reservation and before provision. In the event of termination, the official notice must have been received prior to dispatch, otherwise the contracting party is obliged to pay a commitment fee of € 50.00.

Article 6. Amendments and changes to contracts

Amendments and modifications to this Agreement shall be binding only if they are in writing and signed by the authorised representatives of both parties. Oral agreements are not valid.

Article 7. Severability clause

If only one of the provisions of these general terms and conditions is considered to be wholly or partially ineffective and inapplicable, all other provisions will not be affected and will remain in force. The place of jurisdiction is Paris.

The following terms and conditions apply to all sensors, devices and other equipment supplied by FB SOLUTIONS SARL (“FB SOLUTIONS”) for rental purposes. They apply irrespective of any separately agreed rental or provision charges and also apply, in particular, to uneconomical and free arrangements for test and demonstration purposes.

Article 1. Conclusion of the contract

The contract shall take effect as soon as FB SOLUTIONS receives the general terms and conditions signed by the contracting party and as soon as the deposit is received. The general terms and conditions, any rental conditions and the fees are agreed individually and in writing.

Article 2. Deposit

A deposit of X € – see values at the end of the document – will be charged for the appliances and items supplied. If the contracting party returns the products supplied to FB SOLUTIONS in due time, the total amount of the deposit will be returned to the bank account provided by the contracting party within ten working days.

Article 3. Liability

FB SOLUTIONS is obliged to supply the items ordered. If FB SOLUTIONS – for any reason whatsoever – is unable to supply the goods ordered, FB SOLUTIONS shall be entitled to replace the articles ordered with equivalent or better quality goods.

All claims for damages and compensation by the contracting party, for whatever legal reason, whether direct or indirect damage (incidental or consequential damage), damage to property, damage to assets or personal injury, are excluded, unless it is proved that FB SOLUTIONS has acted intentionally, through gross negligence or in breach of a major contractual obligation. FB SOLUTIONS shall not be liable in cases of force majeure, nor for the consequences that may arise if the equipment cannot be used or used in time because of material damage.

If defects appear during use, FB SOLUTIONS will be notified by the contracting party. In this case, FB SOLUTIONS shall be obliged to set a reasonable period of time to carry out the error handling procedure or to provide a replacement device. Prior to delivery, the overall functionality shall be tested. Pre-existing damage and wear and tear must be notified to the contracting party in writing.

Article 4. Obligations

The contracting party is obliged to examine the equipment for recognisable defects as soon as it is received and – unless otherwise stated on the delivery and/or deposit slip of the items supplied – to notify these defects to FB SOLUTIONS. Subsequent notifications of defects are excluded and will not be recognised by FB SOLUTIONS. The contracting party may be liable for any damage discovered subsequently.

The contracting party undertakes to handle the articles/items supplied and their packaging correctly and with care. The contracting party undertakes to ensure that the property of FB SOLUTIONS is not altered/compromised by a third party during the rental period; any seizure, damage or loss of the material supplied must be immediately communicated to FB SOLUTIONS.

The contracting party is fully responsible for any damage or loss of the supplied items until the end of the rental period. The contracting party shall bear the costs of repairing reparable damage and, in the case of non-repairable damage, shall bear the replacement value. At the end of the rental period, the Contracting Party shall be obliged to return the items supplied in the same condition as received. All items that were in the original packaging must be returned to FB SOLUTIONS. The missing material (cable, accessories…) will be invoiced to the contracting party.

In case of stains and impurities, FB SOLUTIONS reserves the right to charge the contracting party additional cleaning and examination costs. The contracting party undertakes to bear all additional expenses, risks and charges arising from the use of the equipment. The contracting party is responsible for organising the timely return delivery at its own expense. At the client’s request, FB SOLUTIONS shall organise the delivery and provide the corresponding return labels at the contracting party’s expense. Shipping costs related to other shipping routes cannot be refunded.

Article 5. Withdrawal from the contract

The contracting party has the right to terminate the contract in written form after reservation and before provision. In the event of termination, the official notice must have been received prior to dispatch, otherwise the contracting party is obliged to pay a commitment fee of € 50.00.

Article 6. Amendments and changes to contracts

Amendments and modifications to this Agreement shall be binding only if they are in writing and signed by the authorised representatives of both parties. Oral agreements are not valid.

Article 7. Severability clause

If only one of the provisions of these general terms and conditions is considered to be wholly or partially ineffective and inapplicable, all other provisions will not be affected and will remain in force. The place of jurisdiction is Paris.