Skyted Terms and conditions

Skyted Terms and conditions

1. Company Information

These terms and conditions of sale (the “Terms and Conditions of Sale”) are those of SKYTED SAS, a simplified single-member joint-stock company (SASU) with a capital of €138,000, headquartered at 13 Rue Sainte Ursule, 31000 Toulouse, France, registered in the Trade and Companies Register under number 909 541 963.

SIRET number: 909 541 963 00015

APE Code: 7112B – Engineering, technical studies

EU VAT number: FR90909541963

Phone number: +33 6 07 35 67 45

Email address: Info@skyted.io

Website domain: www.skyted.io

Main activity:

The design, development, management, manufacturing, licensing, and marketing of solutions and technologies for mobility, connectivity, and privacy protection in private and professional communications, particularly soundproofing devices such as headsets, earphones, and microphones.

2. General Provisions

These Terms and Conditions of Sale apply to all online sales made by Skyted for products offered on the website www.skyted.io (the “Website”) to end consumers, excluding all other conditions, particularly those applicable in physical stores.

Skyted exclusively sells the products listed on its Website for retail purposes to end consumers; any purchase of products for resale is strictly prohibited.

The applicable Terms and Conditions of Sale are those in effect on the date the order is placed.

It is recommended that customers carefully read these Terms before submitting their order. These Terms allow customers to know Skyted’s identity, how Skyted will provide products, how both Skyted and customers can modify or terminate the contract, the steps to take in case of an issue, and other important information. If customers identify an error in these Terms, they are invited to contact Skyted Customer Service, whose details are provided in Article 20, to discuss the matter.

Any derogatory conditions shall only be valid if mutually agreed upon by both parties.

Skyted reserves the right to amend the Terms and Conditions of Sale at any time. New Terms and Conditions of Sale will apply to any offer or order made after the modification becomes effective.

The Terms and Conditions of Sale in effect are accessible at any time on the Website.

Unless proven otherwise, the data recorded on the Website constitutes proof of all transactions between Skyted and its customers for sales completed on the Website.

The Website is written in French and in English.

3. Order Process

3.1. Product Selection

All orders on Skyted’s online store must be made exclusively via the Website.

The customer adds products to their selection by clicking the “Order Online/Add to Cart” button and continues browsing by clicking “Continue.”

At any time, the customer can view their selected products in the cart by clicking “View Details/My Cart” and access information about payment options, delivery costs, and estimated delivery times.

3.2. Order Registration

After selecting the product(s), the customer must review the order details, check the total price, and correct any errors before confirming the order.

The customer must provide the necessary information to ensure proper delivery of the order (including their name, surname, phone number, delivery address, and email address). They are also invited to carefully read and accept Skyted’s Terms and Privacy Policy before submitting the order.

The customer is then prompted to choose a payment method and enter the corresponding details.

3.3. Final Order Validation

At the end of the ordering process, the customer declares they have read and unconditionally accepted the Terms and Conditions of Sale by ticking the appropriate box and validates their order by clicking the “Proceed to Payment” button. By validating the order, the customer fully accepts the Terms and Conditions of Sale.

Once the customer’s order is confirmed and payment is validated, Skyted sends an electronic confirmation to the customer. The sales contract is then considered finalized.

Any modification to the customer’s order after a price change by Skyted will result in the automatic application of the updated prices.

Skyted reserves the right to refuse or cancel any order for legitimate reasons, such as difficulties in sourcing a product, issues with the accuracy or completeness of the received order (e.g., illegible documents, missing information), or anomalies in the order made on the Website (e.g., excessive quantities for domestic use). In such cases, an email will be sent to the customer using the email address provided, replacing an order acceptance. Skyted will not process payment or will refund any sums already paid for the rejected or canceled order.

4. Right of Withdrawal

4.1. Withdrawal Rights and Period

The customer has the legal right to withdraw from the purchase without providing any reason within fourteen (14) days from the date of receipt of the product(s) ordered on the Website.

The customer can also benefit from an extended withdrawal period up to thirty (30) days from the receipt of the ordered product(s).

If the order consists of multiple products delivered separately, the withdrawal period for all products in that order begins on the date of receipt of the last product.

4.2. Conditions for Exercising the Right of Withdrawal

To exercise their right of withdrawal, the customer must notify Skyted of their intention before the withdrawal period expires. The customer can use the following methods:

• Send a clear and unambiguous declaration expressing their intention to withdraw via letter or email to the following address: Skyted SAS, 13 Rue Sainte Ursule, 31000 Toulouse, FranceEmail: info@skyted.io

For additional information on the withdrawal process, the customer can contact Skyted Customer Service using the contact details provided in Article 20 below.

4.3. Return and Refund Procedures

The customer has fourteen (14) days from notifying Skyted of their intention to withdraw to return the products, at their own expense and responsibility, by mail to the following address:

Skyted SAS, 13 Rue Sainte Ursule, 31000 Toulouse, France

To qualify for a refund, the products must be returned with a copy of the purchase invoice, in their original condition and packaging. The customer is entitled only to inspect the product as they would in a physical store. Products used beyond delivery cannot be returned. The label bearing the serial number must not be removed or altered.

If the above conditions are met, Skyted will send an email to the customer confirming receipt of the returned product and will refund the total amount paid for the returned products, including standard delivery fees, using the same payment method used by the customer. The refund will be processed no later than fourteen (14) days after Skyted receives the returned products or proof of their dispatch.

5. Prices

The customer will be billed according to the prices displayed on the Website in the currency specified and as confirmed during order validation.

Unless otherwise expressly stated by Skyted during final order confirmation, prices are inclusive of taxes and standard packaging fees, with free delivery provided for all orders.

If the customer requests a specific delivery method, this will be subject to a separate agreement and additional charges, with no reduction in the prices of the products.

6. Payment Options

Payment for products is made online by credit card (Visa, Mastercard, American Express, Maestro, etc.).

When paying by credit card, the customer must select their preferred card type and enter the required information, including the card number, expiration date, and the three-digit security code located on the back of the card. The customer guarantees they have the necessary authorization to use the selected payment method at the time of order validation.

Any payment incident will result in the automatic cancellation of the order and/or the immediate suspension of product delivery.

The order will only be shipped after full payment is received.

7. Discount Codes

Discount codes are subject to the following conditions:

• They are only valid for online purchases on the Website.
• A minimum purchase of €150 is required to use a discount code.
• Skyted reserves the right to reject orders if the discount code is deemed invalid for the specific order.
• Discount codes apply only to specific products, subject to availability.
• Only one discount code may be used per order.
• Discount codes cannot be combined with other promotions.
• In the event of a product return, the customer will be refunded the amount paid after applying the discount, excluding any additional costs such as shipping, gift packaging, or gift cards.
• If part of the order is returned, the discount value applied to the order will be proportionally distributed among the items. The remaining amount will be refunded to the customer, less any additional costs.

8. Product Information

In accordance with Article L. 111-1 of the French Consumer Code, customers can review the essential characteristics of the products they wish to purchase on the Website before placing an order.

Skyted ensures the accuracy of all information regarding the characteristics of its products displayed on the Website. Customers are encouraged to refer to each product description for precise details and, in case of doubt or additional inquiries, to contact Skyted Customer Service using the details provided in Article 20.

Skyted takes great care in presenting products on the Website, particularly in accurately representing colors. However, the photographs and graphics are for illustrative purposes only, and minor variations may occur. Skyted cannot guarantee that the colors displayed in product images will perfectly match the actual product. Similarly, product packaging may differ from the images shown on the Website. Skyted cannot be held responsible for discrepancies between product characteristics and their visual representation.

9. Product Availability

Product and price offers are valid as long as they are visible on the Website, subject to stock availability.

Errors or stock updates may occasionally occur. In the event of a product being unavailable after an order has been placed, the customer will be notified promptly via email (or postal mail if no email address is provided) regarding the unavailability of the product(s) and the partial delivery or cancellation of the order.

If an order is fully or partially canceled due to unavailability, the customer’s bank account will not be charged for the unavailable products. If payment has already been processed, the customer will be reimbursed within fourteen (14) days from the date of the order cancellation.

10. Delivery

Products purchased on the Website are available for worldwide delivery to the address provided by the customer during the order process. The customer is responsible for the accuracy of the information provided when placing the order.

Delivery Conditions

France : 2 working days
Europe : 4-5 working days
Rest of the world : 8-10 working days

If the customer is not present at the delivery address on the scheduled delivery date, the carrier will leave a notice in the customer’s mailbox. The notice will include instructions for collecting the parcel from the carrier’s office or arranging a new delivery.

If the parcel is returned to Skyted due to incorrect address information or prolonged customer absence, a new delivery may be scheduled once the customer updates their delivery information.

Delivery Completion

Delivery is deemed completed when the parcel is deposited in the customer’s mailbox, delivered directly to the customer’s address, or collected from the carrier’s office. The carrier’s delivery receipt serves as proof of delivery.

Order Cancellation Due to Delivery Delays

The customer may cancel their order via registered mail with acknowledgment of receipt or any other durable written format if Skyted fails to deliver the products within a reasonable extended timeframe after the customer’s request.

The order is considered canceled once Skyted receives the customer’s cancellation notice, unless delivery is completed in the interim.

If the order is canceled, Skyted will refund the customer the full amount paid for undelivered products within fourteen (14) days of cancellation. Beyond this timeframe, Skyted may be subject to penalties as specified in Article L. 241-4 of the French Consumer Code.

11. Transport – Receipt – Claims

It is the customer’s responsibility to verify the condition of the products and their packaging upon delivery.

In the event of visible damage to the package or any anomaly (damaged or opened package, etc.), the customer must:

1. If the delivery is taken in person from the carrier and the customer can register a claim, note the issue on the delivery receipt provided by the carrier at the time of delivery.
2. Notify Skyted Customer Service (contact details in Article 20) within a reasonable timeframe following the delivery.

Failure to follow this procedure may prevent Skyted from processing a claim, without prejudice to the customer’s statutory warranty rights as outlined in Article 14.

Skyted is committed to refunding or exchanging any products that do not conform to the order. The customer must report any apparent non-conformity and return the products to Skyted, following the return process detailed in Article 14.2.

Returned items will be inspected, and any refund or exchange will be processed after verification. Products that are incomplete, damaged, or excessively soiled will not be accepted. Refunds, exchanges, or returns cannot be handled in-store.

12. Use of Personal Data

Payments made by credit card on the Website are handled by the secure payment provider Stripe. To confirm the transaction, the customer must agree to the transfer and storage of their financial data and any other necessary information by Stripe (name, address, etc.).

The collection of certain personal data is mandatory to facilitate payment. Without this information, the transaction may be delayed or canceled, and the order voided.

This data is intended for use by authorized entities within Stripe, Skyted, and any third parties necessary for processing payments and managing services.

13. Retention of Ownership – Transfer of Risk

Skyted retains ownership of all delivered products until full payment of the purchase price is received. The transfer of risks related to the products occurs upon their delivery to the customer. Until then, Skyted remains responsible for any loss, theft, damage, or destruction of the products during transport.

In the event of non-payment, Skyted reserves the right to reclaim the products concerned.

14. Warranties

14.1. Legal Warranty of Conformity and Warranty Against Hidden Defects

The guarantor of product conformity and hidden defects is Skyted SAS, located at 13 Rue Sainte Ursule, 31000 Toulouse, France. Any requests made by the customer under the legal warranty of conformity or warranty against hidden defects should be addressed to Skyted Customer Service, whose contact details are provided in Article 20 below.

Skyted is liable for defects in conformity under the conditions stipulated in Articles L.217-4 and following of the French Consumer Code and hidden defects under the conditions provided in Articles 1641 and following of the French Civil Code.

When acting under the legal warranty of conformity, the customer:

• Has a period of two (2) years from the delivery date to act.
• Is exempted from proving that the defect existed at the time of delivery for any defects that become apparent within twenty-four (24) months of delivery, unless proven otherwise by Skyted.

The customer can choose between repairing or replacing the product unless one option is disproportionately costly for Skyted compared to the other, based on the value of the product or the significance of the defect. In such a case, Skyted reserves the right to proceed with the less costly option in accordance with Article L.217-9 of the French Consumer Code.

The legal warranty of conformity applies independently of any commercial warranties that may be offered.

Under the warranty against hidden defects (Article 1641 of the Civil Code), the customer may choose:

• To return the product to Skyted for a full refund, or
• To keep the product and request a price reduction as specified in Article 1644 of the Civil Code.

14.2. Conditions for Warranty Claims

To return a product under the warranty, the customer is invited to contact Skyted Customer Service, which will organize the product’s return at no cost to the customer.

Skyted may request proof of purchase, such as a receipt or invoice.

Skyted will provide the customer with a prepaid return label by email within 24 hours. Products must be returned in their original packaging or a suitable protective package using the prepaid label. The customer will then drop off the parcel at the nearest Skyted-designated carrier location. For oversized parcels, Skyted may offer free home collection. In such cases, the designated carrier will contact the customer to arrange a pickup date.

The product’s serial number label must not be removed or altered by the customer.

15. Liability of Skyted

15.1. Product Compliance with Applicable Law

The products offered are compliant with current French legislation and applicable standards in France.

15.2. Scope of Skyted’s Liability

Skyted can only be held liable for the following:

a. Damage or loss resulting from the non-performance or poor performance of its contractual obligations, directly attributable to Skyted or its subcontractors. In such cases, Skyted’s liability is limited to direct damages.

b. Damage or loss resulting from a breach of Skyted’s warranty obligations.

c. Damage or loss resulting from intentional misconduct or gross negligence by Skyted, a legal representative, or an agent.

d. Damage or loss resulting from harm to life, physical integrity, or health caused by intentional misconduct or gross negligence by Skyted, a legal representative, or an agent.

e. Claims based on mandatory legal provisions, particularly those concerning liability for defective products.

This clause does not alter the legal burden of proof.

Skyted is only responsible for the content of web pages it publishes.

15.3. Limitation of Liability

Skyted provides products for domestic and private use by end consumers. If the customer uses the products for commercial or resale purposes, Skyted shall not be held liable for loss of profit, revenue, business interruption, or missed opportunities. Skyted is not liable for any indirect damage suffered by the customer or third parties due to the use of its products.

The inability to use the products in whole or in part for reasons beyond Skyted’s control, such as incompatibility with the customer’s equipment, does not entitle the customer to compensation, reimbursement, or Skyted’s liability.

15.4. Force Majeure

Skyted shall not be held liable for non-performance of its contractual obligations due to force majeure as defined in Article 1218 of the French Civil Code.

16. Intellectual Property

All texts, comments, works, illustrations, or images on the Website www.skyted.io are protected by copyright and intellectual property rights worldwide.

The customer must not modify paper or digital copies of any content they have printed or downloaded and must not use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text. Skyted’s status (and that of any identified contributors) as the author(s) of the Website content must always be acknowledged.

The customer may not use any part of the Website content for commercial purposes without prior authorization from Skyted or its licensors. If the customer prints, copies, or downloads any part of the Website in violation of the terms of use, their right to use the Website will cease immediately. At Skyted’s discretion, the customer must return or destroy all copies of the materials they have made.

17. Personal Data

Skyted complies with all applicable data protection laws in France. For full details on the handling of customers’ personal data, please refer to Skyted’s Privacy Policy.

The Website www.skyted.io is designed to give special attention to the needs of customers, which is why cookies are used. For further details, please consult Skyted’s Cookie Policy.

18. Archiving Contracts

Skyted commits to retaining all sales contracts for a period of ten (10) years for any transaction exceeding €120. Customers may access these contracts upon request by contacting:

Phone: +33 6 07 35 67 45 (local call cost).

19. External Links

The Website www.skyted.io may contain hyperlinks redirecting customers to other websites. Skyted makes no commitment regarding any other site that customers may access through its Website and cannot be held responsible for the content, functionality, services, or accessibility of these external websites.

Skyted may permit other companies to display advertisements on its web pages. These companies may place cookies and action tags (also known as “simple pixel GIFs”) on users’ devices to measure the effectiveness of their advertisements. All data collected through these means is anonymous.

Customers may refuse cookies and action tags by adjusting their browser settings. However, doing so may affect the interactivity of the visited websites.

20. Security

The Website www.skyted.io is secured through SSL encryption technology to protect customer transactions and data.

21. Customer Service – Contact

For any information or questions, Skyted Customer Service is available:

• Phone: +33 6 07 35 67 45 (local call cost)
• Email: info@skyted.io

For any claims relating to products and/or requests to invoke the legal guarantees regarding products purchased on the Website, the customer must submit their request in writing to:

Skyted SAS, 13 Rue Sainte Ursule, 31000 Toulouse, France.

Phone: +33 6 07 35 67 45

Email: info@skyted.io

22. Claims and Mediation

If the customer is dissatisfied with the way Skyted has handled a claim, they have the option to contact an independent consumer mediator provided by the CMAP (Centre de Médiation et d’Arbitrage de Paris) to seek an amicable resolution:

• Online: www.cmap.fr/consommateurs/
• By post: Centre de Médiation et d’Arbitrage de Paris – 39 Avenue Franklin D. Roosevelt, 75008 Paris, France.

23. Applicable Law and Jurisdiction

These Terms and Conditions of Sale, as well as all transactions referred to or related to Skyted’s sales of its products to the customer, are governed, interpreted, and enforced in accordance with French law, excluding the United Nations Convention on Contracts for the International Sale of Goods.

In case of disputes, the customer may bring a claim before the competent court of their place of residence, the place of delivery of the product, or the location where the damage occurred.

24. Miscellaneous

The fact that Skyted does not enforce a right under this contract does not imply that Skyted waives its right to claim or enforce that right later.

If any provision of these terms is deemed illegal, invalid, or unenforceable, it will be considered null and void without affecting the validity and enforceability of the remaining provisions.

Skyted is authorized to transfer this contract to third parties. Skyted may transfer its rights and obligations under these terms to another entity. If this occurs, Skyted will always inform the customer in writing (including via email) and ensure that such a transfer does not affect the customer’s rights under the contract.

No third party has the right to enforce any provisions of this contract (except for individuals to whom the customer has transferred their warranty rights, in which case Skyted may require proof of ownership from the recipient).

This contract is concluded exclusively between the customer and Skyted. No other individual has the right to enforce any of its provisions.

Annex: Reproduction of Legal Warranty Texts

Regarding the Legal Warranty of Conformity:

• Article L.217-4 of the French Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity that exists upon delivery. They are also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when the contract makes them responsible for such or when they are performed under the seller’s responsibility.”
• Article L.217-5 of the French Consumer Code: “Goods are in conformity with the contract if:1° They are suitable for the purpose usually expected of similar goods and, where applicable:– Correspond to the description provided by the seller and have the qualities presented to the buyer in the form of a sample or model;– Have the qualities that a buyer can reasonably expect based on public declarations made by the seller, the producer, or their representative, especially in advertising or labeling;2° Or have the features defined by mutual agreement between the parties or are suitable for any special purpose sought by the buyer, communicated to the seller, and accepted by the latter.”
• Article L.217-12 of the French Consumer Code: “Legal action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.”
• Article L.217-16 of the French Consumer Code (Commercial Warranty): “When the buyer requests from the seller, during the warranty period granted at the time of acquisition or repair of a movable good, a repair covered by the warranty, any immobilization period of at least seven days is added to the remaining warranty period. This period starts from the buyer’s request or the date the good is made available for repair, if this date is later than the request.”

Regarding the Legal Warranty for Hidden Defects:

• Article 1641 of the French Civil Code: “The seller is bound by the warranty for hidden defects in the sold item that render it unfit for the intended use, or which so diminish this use that the buyer would not have acquired it or would have paid a lower price if they had known about the defects.”
• Article 1648, paragraph 1: “Legal action resulting from redhibitory defects must be initiated by the buyer within two years of discovering the defect.”

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