General Terms of sale and delivery

Planetwatch®

Article 1 – Scope

These General Terms of sale and delivery (“Terms of Sale”) govern the sale of the Products and Services offered by Planetwatch to its Customers via the Website and Apps.

These Terms of Sale apply to all purchases of Products and/or Services made through the Website or App by Planetwatch.

Article 2 – Information on products and services

The descriptions of the Products and Services offered on the Website and Apps are based on the information and documents made available by Planetwatch’s suppliers. The photographs, graphic or iconographic representations and videos related to the Products and Services, as well as trade names, trademarks or distinctive signs of any nature contained in the Website, are intended to provide as much information as possible to the Customer.

In the event that, due to circumstances of force majeure or due to reasons attributable to Planetwatch, the Product or Service is not available after the purchase has been made, Planetwatch will contact the Customer to notify partial or complete cancellation of the order and to proceed with the refund of the amount paid by the Customer (total or partial as applicable).

Given that invoices are issued in Euros or Dollars, but payments can be made in PLANETS or other cryptocurrencies, the User is exposed to an exchange rate risk when seeking refunds. The refund will always be based on the invoiced euro or dollar amount, so if the original payment was made via cryptocurrencies, the amount of refunded cryptocurrency will be computed according to the average exchange price calculated 48 hours after the opening of the first ticket request, provided by Coingecko’s API.

If a Product forming part of orders consisting of sets of Complementary Products or Products is not delivered or is not available after the order, the Customer may cancel the entire order and return any other products already delivered, at no extra cost.

Since Planetwatch also distributes Sensors and Products from third parties, some promotions may be subject to special conditions of sale, as well as these Conditions of Sale. These special conditions of sale will be visible in the description of the product and the campaign. In this case, the Customer, before purchasing the Product or Service, must check the description and characteristics of the Products and Services and all the special conditions (all terms and conditions, as well as the prices provided). In case of conflict or discrepancy, the individual special conditions of sale shall prevail over the present.

Therefore, the Customer, in addition to the General and Sales Conditions, must read carefully the special conditions of sale, which will be deemed accepted at the time when the Customer purchases the Product or Service.

Article 3 – Purchase of products, orders, products not available

Seller is Planetwatch sas, with registered office in Technoparc, 50 rue Gustave Eiffel, 01630 St. Genis-Pouilly, France, SIREN 880 415 724 R.C.S. Bourg-En-Bresse.

Sales Agreement is concluded between the Customer and Planetwatch after choosing one of the available products, via the website, the app or third-party links.

To conclude the contract, the customer must complete an order through the channels indicated, accept the general conditions of use, fill out an order form, choose a payment method, confirm the delivery method, then confirm and send the order by pressing the payment button.

Pressing the payment button means an order with a payment obligation and the signing of a sales contract according to the Terms of Service.

1. Orders shipped outside the European Union area may be subject to customs duties. In order to determine the amount, the Customer must contact directly the appropriate customs office at his place of residence.

2. Planetwatch will only start the delivery process after receiving the full price of the product and shipment, as specified in the order confirmation.

3. After placing an order, the Customer should check the order status on the “my orders” page within 48 hours, since the order might be cancelled due to a technical error of the system or for reasons not dependent on Planetwatch. In this case, the Customer must immediately open a ticket and report the cancellation to customer service. If the order is cancelled and the Customer fails to open a ticket to communicate it, a refund will be initiated at the beginning of the following month.

Any refund of cancelled orders will be sent to the same Algorand blockchain address from which the payment was made at the time of the order. Under no circumstances Planetwatch can make refunds to other Algorand addresses, even in cases of a lost passphrase.

All refunds are made during the month following the cancelled order or refund request.

Article 4 – Payment of the product

The Customer can pay using the methods accepted by Planetwatch and communicated at the time of completion of the order. The document proving the purchase corresponding to the order of the Products will be available in the “My Account” section.

The Customer must communicate to Planetwatch, through the Section: “Support“, any debit not due or fraudulent on the card used for purchases on the Website, in the shortest time possible, in order to allow Planetwatch to implement the appropriate procedures.

Planetwatch uses the highest commercially available security measures in the industry. In addition, the payment procedure takes place on a secure server that uses the SSL (Secure Socket Layer) protocol.

The secure server establishes a connection that allows the transmission of encrypted information through algorithms of 128 bits, which ensure that they are intelligible only for the Customer’s computer and for that of the Website. In this way, using the SSL protocol guarantees:

(i) That the Customer is communicating its data to the Planetwatch central server and no one else.

(ii) That data between the Customer and the central server of Planetwatch are transmitted in encrypted form, avoiding the possible reading or manipulation by third parties

In addition, Planetwatch declares that it has no access and does not record data relating to the payment method used by the Customer. Only the entity processing the payment shall have access to this data for payment and collection management purposes. Once the purchase procedure is completed, an order summary is generated by the Customer with which the contract is formalized and it is stored in the Section: “My Account“.

Planetwatch has implemented a program to detect possible fraudulent transactions and reserves the right to request additional information, confirmations and/or documents from Customers, even after they have made one or more purchases on the Website, by telephone call or e-mail addressed to the number or account indicated by the Customer, in order to receive confirmation that the Customer has actually realized and authorized said/i purchase/s and/or that the delivery or the return of the Products has happened correctly, thus definitively authorizing the/e corresponding/i transaction/s. In this context, by way of example and not limiting, Planetwatch may request by telephone confirmation of the Customer’s identity, or request:

(a) a confirmation or written authorization signed by the Customer responsible for the/s/s purchase/s; and (b) a copy of the valid identity document and bearing the photograph of the Customer, to confirm the it identity.

Planetwatch is required to retain such information and documents with the highest security measures at its disposal, in accordance with the provisions of the applicable data protection rules. In the event that the Customer does not confirm his identity or does not send to Planetwatch the documentation and information requested within 48 hours of the telephone request or the sending of the email message, the/and transaction/s referred to in the above communication and the order/orders/s, may/may be cancelled/s without the need for subsequent notice, if applicable, Planetwatch will automatically refund the/amount/s paid/s by the Customer for said/s purchase/s. The purpose of this procedure is to ensure the safety of Planetwatch’s Customers, and therefore the Customer, by accepting these Terms of Use and Sale, agrees to submit to the above mentioned procedure of detection of possible fraudulent transactions, and in the same way authorizes Planetwatch to use – for future transactions carried out by the Customer – the additional information and documents that the Customer has provided in accordance with the above.

Article 5 – Price of products and delivery charges

The discounts applied to the products offered on the Website and the Apps are calculated on the basis of the original retail price that the suppliers indicate to Planetwatch (hereinafter “original price”). Planetwatch cannot be held liable if other parties selling identical products indicate a lower or different original price than that indicated by Planetwatch. In any case, Planetwatch decides the selling price of the Products or Services to its Customers. Planetwatch reserves the right to change the sales prices to the public at any time (even during a sales campaign already started). The Products or Services will be charged to the Customer at the price indicated at the time of receiving the order. Planetwatch will not be liable in the case of sales where the final amount appears to the average consumer to be manifestly incorrect, where this error is due to technical errors. In such cases, Planetwatch will inform the Customers as soon as possible and cancel the order, returning the amount paid to the Customer. If the Customer has already received the Product, he must return it to Planetwatch (Planetwatch will bear the cost of the return). In such cases, Planetwatch will not be obliged to complete the sale or deliver the Product concerned. The prices of the Products offered through the Website and Apps include VAT and any other applicable tax, but do not include shipping charges. Shipping costs may vary depending on the shipping method, delivery address, weight and volume of the product purchased. The Customer may check the final price of the shipping costs before starting the payment. If the Customer is Entitled to a promotion to a special promotion or a discount on shipment the system will notify the Customer before the purchase confirmation. Shipping costs must be accepted by the Customer at the time of sending the order.

If the place of Sensor delivery is in UK or outside the customs territory of the European Union, the Client may need to bear other, additional costs associated with the obligation to pay the so-called customs debt specified by the regulations of the country concerned. Any additional charges must be fulfilled by the recipient, we do not collect this beforehand, and cannot give you an estimate of the cost – charges vary around the world.

If customs fees and charges are refused at the time of delivery, your order will be returned and you will not receive a refund for shipment costs.

Article 6 – Delivery of products

(i) Deadlines for delivery

Planetwatch and/or third parties in charge of the shipment, will inform the Customer, by sending an e-mail to his email address, of the date of departure of the Products from their warehouses and the contact details of the carrier that will carry out the delivery. The Product will be delivered to the address indicated by the Customer within seventy-two (72) hours from the estimated arrival date, except in cases of force majeure or in cases of delay not attributable to Planetwatch but due to the Supplier and/or the Manufacturer. In these cases, Planetwatch or third parties in charge of the delivery will commit to a new delivery date.

Planetwatch will not be liable for delays caused directly or indirectly by customs practices or controls or airport procedures. In this case, no compensation will be due to the Customer for the period of non-use, without prejudice to the right of withdrawal.

In case of multiple orders, the Products could be delivered on different dates. The delivery is deemed to be made from the moment the Product is made available to the Customer at the place of delivery indicated by the Customer or at the corresponding point of collection.

In some cases, the Products may be sent directly by the Supplier. This information will be indicated in the description of the product. The risk of the Products (among others, loss, compromise or theft) is transferred to the Customer from the moment the Products are made available to the Customer at the place of delivery.

(ii) Place and conditions of delivery

Planetwatch and/or third parties in charge of the shipment, undertake to deliver the Product in perfect conditions to the address indicated by the Customer which, in any case, must be placed in the countries indicated in the previous paragraph “Scope”.

In order to optimize the delivery process, the address indicated by the Customer must be one where it is possible to deliver during normal working hours. If at the time of delivery of the Product to the address indicated the Customer (or qualified person) is not present, Planetwatch and/or third parties in charge of the shipment, will contact the Customer indicating the procedure that will be followed to finalize the delivery.

If after the deadline indicated by the date of the notice the Customer will not have contacted Planetwatch and/or third parties in charge of the shipment, to agree on a new delivery date, the Products will be returned to the warehouses of Planetwatch. In this case, Planetwatch will refund the price of the Products to the Customer after deducting return costs. If the Customer requests another shipment, he must bear the costs incurred for the new shipment.

The address will be indicated by the Customer at the time of purchase. In the event that the Customer wishes to change the delivery address after the purchase has been made, he may do so provided that the order status is “Confirmed” and that this option is not excluded from the special conditions of the sales campaign, which are visible by accessing the Planetwatch website. In the event that the Customer requests the change of the delivery address for illicit purposes, Planetwatch reserves the right to cancel the order and refund the amount paid. Planetwatch will not be liable if the goods are correctly delivered to an incorrect address indicated by the Customer at the time of purchase, even if the address in question does not correspond to the place of delivery later requested by the Customer. If an order includes more than one Product, Planetwatch may deliver such Products on different dates, subject to the delivery date notified pursuant to paragraph (i) above.

At the time of delivery, the Customer must show an ID and sign the delivery note in the format proposed and report any observations or problems, such as obvious Product defects or faults connected with handling or packaging of the Products. If the bill is delivered in paper format, the Customer must request a copy of the delivery note to the carrier. In the event that, after receiving the ordered Products, the Customer realizes that the packaging is damaged or that the Products are damaged, or different from those ordered, the Customer must notify Planetwatch as soon as possible within a period of 5 (five) calendar days from delivery, to allow Planetwatch to report the defect to the carrier.

Article 7 – Special Conditions of Use of Sensors

IN THE CASE OF THE PURCHASE OF SENSORS FOR THE COLLECTION OF AIR QUALITY DATA, THE CUSTOMER UNDERTAKES TO USE THE PRODUCT IN ACCORDANCE WITH THE FOLLOWING INDICATIONS:

A) TO CONNECT THE PRODUCT TO THE ELECTRICITY GRID IN ORDER TO ENABLE IT TO BE OPERATED AND/OR RECHARGED;

B) CONNECT THE PRODUCT, WHERE POSSIBLE, TO INTERNET, FOR THE TRANSMISSION OF DETECTED ENVIRONMENTAL QUALITY DATA AND FOR REMOTE CONNECTION BY THE COMPUTER SYSTEM;

C) AVOID TAMPERING WITH OR MANIPULATING AIR QUALITY DETECTION EQUIPMENT IN ANY WAY AND/OR BY ANY MEANS.

Article 8 – Ownership of the data collected and the rights of holder.

IN THE CASE OF THE PURCHASE OF EQUIPMENT FOR THE COLLECTION OF INDOOR/OUTDOOR AIR QUALITY DATA, THE CUSTOMER DECLARES THAT HE ACCEPTS THE FOLLOWING CONDITIONS:

1) ALL ENVIRONMENTAL DATA COLLECTED BY THE EQUIPMENT ARE THE EXCLUSIVE PROPERTY OF PLANETWATCH AS WELL AS THE FUTURE ECONOMIC USE AND EXPLOITATION THAT MAY RESULT.

2) UNDER NO CIRCUMSTANCES MAY THE CUSTOMER MAKE ANY CLAIM AND/OR CLAIM ON THE DATA OWNED BY THE PLANETWATCH, EVEN IF IT IS GENERATED BY ITS OWN SENSOR.

3) THE CUSTOMER SHALL HAVE THE RIGHT TO DISPLAY, STORE AND PUBLISH THE DATA GENERATED BY HIS SENSORS FOR PERSONAL USE ONLY, WITH EXPRESS PROHIBITION OF USE FOR PROFESSIONAL AND/OR COMMERCIAL PURPOSES.

Article 9 – Rewards

The Planetwatch Sensors sold, constantly record data on air quality and air pollution, accumulating, according to an algorithm, a number of “Planet” tokens on the customer’s account.

The purchase of the Sensor and its successful installation and operation according to the instructions provided by PlanetWatch entitles you to participate in the Rewards Program, without any recognition of certain quantities of “Planet”.

The actual amount of tokens earned through the rewards program may vary both for causes dependent on PlanetWatch, such as changes in its reward policy and for causes not dependent on Planetwatch, such as power outages or disconnection from the power grid, insufficient battery charge, device malfunction, lack of internet connectivity, etc.

In all these cases, Planetwatch is not responsible for a reduced amount of tokens accumulated on the Customer’s account, who cannot claim any compensation. In case a sensor regularly activated and functioning on the Planetwatch network for a period of least 20 days, ceases to function during the warranty period specified in the General Terms and Conditions of Sale (1 or 2 years), due to SIM card malfunction, product malfunction or other hardware and software problems encountered, Planetwatch may offer the Customer an extension of the license for a length of time equal to the period of malfunction.

The Customer expressly declares to know and approve the rewards system published on the Planetwatch website which may be updated from time to time.

PlanetWatch reserves the right to disconnect from its network and terminate participation to its rewards program for any sensor which appears to be installed in unsuitable locations and/or operated for the sole purpose of earning rewards. Examples include:

Sensors meant for outdoor use which appear to be installed indoors, or vice versa,

More generally, all sensors which appear to be installed in unsuitable locations, e.g. in close proximity of pollution sources, in places with reduced air circulation, etc.

Two or more sensors of the same type operated by a single user in close proximity to one another, so that their aggregate data provide essentially the same information as obtained from the data of a single sensor

Article 10 – Return of products

(i) Right of withdrawal

The Customer has a maximum of fourteen (14) calendar days from the date of delivery of the Product (or the date of conclusion of the contract if it is a Service), to communicate its withdrawal, total or partial, from the contract with which you purchased the Product or Service, in accordance with current legislation. The Customer has 14 calendar days from the notice of withdrawal to return to Planetwatch the Product (or Products). If the return does not take place within this period, the withdrawal becomes ineffective. The return of the Products or the withdrawal from the Service does not entail any penalty for the Customer. Without prejudice to the foregoing, the Customer shall bear the costs of returning the Products.

In any case, the Customer – in order to allow Planetwatch to identify the returned Products – will take care to include in the package the duly completed Withdrawal Form. The Customer shall not have the right of withdrawal if he has purchased products packaged in accordance with the Customer’s specifications or clearly customized.

To facilitate the return procedure, Planetwatch makes available to the Customer the “Refund” option, which can be activated in the Section: “Support”, with which the Customer can manage the returns in a more convenient and quicker. To use the “Refund” system, the Product must be in the same condition in which it was delivered, with the original packaging. The Customer must send the Product in the same packaging in which he received it, or in a similar format. In case the Product is not sent in the original packaging, the Product may be subject to devaluation. The return bubble of the Products must be inserted in the package. Once the return procedure is completed in the “Refund” option in the Support section, Planetwatch will send the Customer a confirmation summary email with the date and time of receipt of the return request. The Customer may also exercise the right of withdrawal by autonomously sending the Product to be returned to the address indicated on the Withdrawal Form. In this case, please the Customer to fill in the Withdrawal Form and send the package with the Product to be returned to the address indicated on the form, following the procedure indicated in that Section.

(ii) Refunds

In the event that the Customer exercises the right of withdrawal, the latter will be entitled to a refund of the price of the returned Products, in addition to shipping costs, provided that the requirements laid down in the Conditions of Use and Sale are met and the returned Products are in the same condition in which they were delivered and have not been used (except as necessary to verify compliance with their description) or damaged.

If a Product refund is granted, Planetwatch will refund the Customer in respect of the price of the Product and shipping costs minus the expenses of the “Returns” service. Once the Product has arrived at its warehouse, Planetwatch will check the conditions for reimbursement.

(iii) Return of defective products

The Customer shall be entitled to reimbursement of the price, shipping costs and return costs for the return of defective Products, in accordance with applicable law. In such cases, the return of the Products to Planetwatch may be made in the manner provided for in the paragraph “RIGHT OF WITHDRAWAL”, or on the page “Support”. In the event of a return of defective Products, Planetwatch will bear the shipping costs for returning the Products.

Article 11 – Legal guarantee of conformity for defective or non-compliant products

(i) Content of the Legal Guarantee

The Products sold are covered by the legal guarantee in case of non-conformity of the same if it occurs within a period of two (2) years from the date of delivery, as established by current legislation.

The Customer must inform Planetwatch of the non-compliance within 30 days of its discovery.

In the case of products sold by Planetwatch as used or reconditioned, the warranty will be one (1) year from the delivery date.

The guarantee of conformity provided by Planetwatch is the one provided by the code de la consommation. The duration and the procedures for exercising this guarantee are described in detail in the descriptive sheet of the Products.

(ii) Obligations of the Customer regarding the legal guarantee of conformity

The Customer shall, at all times, observe the provisions of the information sheet of the manufacturer of the Product (or official distributor in Italy) and the instructions for its proper use and installation, as well as all information relating to the warranty. The Customer may make use of the guarantee of conformity on a Product according to current legislation. In case of doubts, the Customer may contact Planetwatch through the forms on the Website to receive assistance regarding the steps to be followed and the information necessary for the submission of complaints relating to the guarantee of compliance.

(iii) Exclusions

The warranty does not cover defects caused by negligence, impact, improper use or handling, improper mains voltage, installation and/or use not in accordance with the instructions for use or not carried out by the authorised technical service, nor damage from normal wear of perishable materials or products.

Products modified or repaired by the Customer or by any other person not authorized by the manufacturer or supplier are also excluded from the warranty.

Article 12 – Completeness of the conditions of use and sale

These Conditions of Sale, in addition to the conditions published in the description of the Product on the Website and Apps, constitute the sole and explicit will of Planetwatch and the Customer in relation to the object of the same and annul and replace any other agreement or contract, verbally or in writing, previously concluded between the parties.

Any changes must be made in writing and by mutual agreement between the parties involved.

Planetwatch reserves the right to modify, at any time and without notice, the layout and configuration of the Website, as well as the Conditions of Sale, also in order to adapt them to current legislation. Customers and Users will always have access to these Terms of Sale on the Website and on the App of Planetwatch and can freely access them for any consultation they wish to make. Whenever Customers and Users access the Website and Apps, they must carefully read these Terms of Sale. In any case, by registering on the Website and/or the App of Planetwatch as well as making any purchase through the Website and/or the App of Planetwatch, the Customer fully accepts the Terms and Conditions of Sale. Acceptance is a preliminary and indispensable step for the request of any Product or Service available through the Website and/or Apps.

Article 13 – Applicable law and jurisdiction

These Terms of Use and Sale are governed by French law. In the event of any dispute or dispute arising out of the purchase of Products and/or Services through the Website and Apps and/or from these Terms of Use and Sale and for the resolution of any conflict, Planetwatch and the Consumer Customer are subject to the jurisdiction of the city where the Consumer Customer or the Consumer User has his own residence or domicile. For the purposes of these Conditions of Sale, we consider as “consumer” the natural person who acts for purposes unrelated to the business, commercial, craft or professional activity possibly carried out, pursuant to the… It is also noted that the European Commission provides consumers with a means of resolving disputes amicably online (Article 14 para. 1 Reg. EU No. 524/2013, available on the website http://ec.europa.eu/odr.

Updated 01/07/2022