Article 8. Warranty / Liability / Insurance
8.1. Product warranty
The Customer is responsible for the accuracy, sincerity and veracity of the information provided to EMITY. EMITY cannot be held responsible for any error in the input of this information.
The Customer may not claim any exchange, repair or refund of the Products, nor even take advantage of any guarantee if the damage or defect is apparent on the day of delivery and the Customer nevertheless accepts the Product in question.
The Products are subject, under the conditions set out below, to the legal warranties in force concerning hidden defects (Articles 1641 et seq. of the French Civil Code) and defective products (Articles 1245 et seq. of the French Civil Code). However, this warranty will be limited, with respect to the Customer, to the price of the Product in question, under the conditions defined in article 1245-14 paragraph 2 of the French Civil Code.
EMITY guarantees the Products delivered against any manufacturing or operating defect under the conditions and within the limits set out below.
The warranty only applies if the customer has fulfilled his general obligations and, in particular, his payment conditions.
To be able to invoke the benefit of the warranty, the Customer must notify EMITY in writing of the defects he attributes to the Product and provide any justification as to the content of these defects.
The Customer establishes that the defect manifested itself under the conditions of use normally foreseen for the type of Product or indicated by EMITY in writing, and in the course of normal use and usage.
The customer must give EMITY every opportunity to ascertain and remedy any defects. After having been duly notified of the defect in the material, EMITY will remedy the defect as soon as possible, reserving the right, where applicable, to modify all or part of the Product, in order to meet its obligations and in compliance with the specifications of said Product.
The warranty does not apply in the event of faulty storage, fault on the part of the customer or a third party, negligence, carelessness, lack of supervision or maintenance, misuse of the product (contrary to its intended purpose), failure to observe assembly or operating instructions, or use in extreme conditions.
The warranty will not apply if the Product has been modified, repaired or adapted without EMITY’s agreement and/or parts have been changed (as part of an upgrade, for example) and the malfunction is the result of such operations.
Finally, the warranty is excluded for incidents resulting from transport provided by or on the initiative of the Customer, as well as for deterioration, replacement or repair resulting from normal wear and tear of the Product.
In any event, the warranty provided by EMITY is limited to the obligation to provide, at its own expense and as quickly as possible, the repair or replacement of the Product recognised as defective by EMITY’s technical services with regard to the specifications of said Product and the performance agreed at the time of the Order.
Replacement of defective Products or parts will not extend the warranty period.
The warranty period is specified in the Product description. On expiry of this period, the warranty automatically ceases.
8.2. Responsibility for use of the Platform
EMITY is not responsible for any costs or expenses related to the use of the Platform, and in particular the fees charged by the access provider for network use and data sharing.
The Customer is solely responsible for the use he makes of the Platform and the content he enters or distributes via the Platform. In this capacity, he is responsible for :
- of the content produced by him or on his behalf through the medium, and in particular of the respect of good morals of the said content;
- its compliance with laws and regulations, in particular those concerning the protection of minors, the repression of apology for crimes against humanity, incitement to racial hatred and child pornography, incitement to violence, in particular incitement to violence against women, as well as offences against human dignity and respect for the human person, and ;
- respecting the rights of third parties, particularly in terms of intellectual property.
EMITY is solely responsible for the content produced by it and integrated into the Platform, and for its functionality under the conditions of the attached SLA.
In any event, it is bound by an obligation of means, except where specific results are expected and expressly specified.
Given the technical hazards associated with the decentralized operation of the Internet network, EMITY provides no guarantee of continuity of service or absence of errors on the Platform.
EMITY cannot be held responsible if any malfunction of the Platform, beyond its control, prevents access to the Account.
The same applies if the correct operation of the Platform is prevented due to the presence of a virus, malware, Trojan horse or other malicious program installed on or transferred through the User’s equipment.
EMITY will not be liable for any damage suffered or caused by the use of the Platform under these conditions, whether material or immaterial, consequential or non-consequential. In this respect, it is the User’s responsibility to take all appropriate measures to protect their hardware, data and software from contamination by computer viruses and other invasive elements harmful to the proper functioning of their hardware and computer system.
In addition, EMITY cannot be held responsible for damages of any kind, whether material or immaterial, direct or indirect, which may result from improper use of the Platform or from an adaptation or modification carried out at the sole initiative of the User or on his/her behalf.
8.3. General provisions
EMITY excludes all liability, for whatever reason, for indirect damage such as loss of profit, commercial or financial loss, increase in overheads, the consequence of recourse by third parties or loss originating from or resulting from the Subscription or the use of the Products, even if EMITY has been previously informed, as well as damage caused to persons or property distinct from the object of the Subscription or the Products.
In any event, should EMITY be held liable in any way whatsoever, the total amount of compensation that EMITY may be required to pay the Customer may not exceed the amount (excluding tax) received by EMITY for the Subscription or Product concerned, whatever the legal basis of the claim and the procedure used to bring it to a successful conclusion.
Each of the Parties declares that it is insured with a solvent insurance company for all the consequences of acts for which it may be held liable under the Subscription or the Products.