General Terms and Conditions of Fractal Energy
By using our Products or Services, you agree to these Terms and Conditions. These Terms and Conditions are governed by French law.
Definitions
“User”
If you use the Fractal Energy Products, Services or Apps, you (the “User”) must adhere to and acknowledge the terms and conditions set by Fractal Energy.
“Product”
All Fractal Energy Products offered via the Fractal Energy website or through third parties related to the Fractal Energy platform.
“Services”
All software and services that Fractal Energy provides to support its Products, such as websites, accounts, iOS and Android apps, browser-based apps, FlexHome series, customer service, and related functionality.
Additional Documents
The following documents form part of the General Terms and Conditions. By accepting these General Terms and Conditions, you declare that you have read, understood, and accepted the following documents:
– Terms and Conditions (this document): Describe what the User must adhere to when using our Products and Services.
– Privacy Policy: see link below to the dedicated page. If you do not agree to these Terms and Conditions and the additional documents, you are not entitled to use our Products or Services. You may return your product in accordance with the Terms of Sale.
Conditions
Your Fractal Energy Account
Users must create a Fractal Energy account if required, providing accurate data at all times. Users are responsible for maintaining their account and the accuracy of the information provided. Users must not misuse another person’s account, impersonate another person, or use another person’s account without permission. Users are responsible for keeping their login details private by using a strong password and safeguarding it to prevent unauthorized access. Users declare that they are legally authorized to create an account and meet the age requirements or have appropriate parental or guardian consent where applicable. Unauthorized access or misuse of accounts must be reported immediately by contacting Fractal Energy. Fractal Energy reserves the right to delete, suspend, or deactivate accounts at its discretion, without prior notice. Fractal Energy is not responsible for any loss or damage resulting from non-compliance with the above provisions.
Application and Use of Products and Services
Users agree to use Products and Services only for their intended purposes, as described in the User Agreement.
Misuse or modification of Products or Services may void warranties and result in malfunction, inaccuracies, or potential safety risks. Users bear full responsibility and risk for improper use.
Users are responsible for correct installation and use of Products and Services. Fractal Energy does not guarantee functionality if installation deviates from provided documentation.
Fractal Energy is not liable for Products or Services that fail to comply with specific country regulations or legal requirements.
Users are granted a license to use Services associated with their Products, but ownership remains with Fractal Energy, as described in the Terms of Use. Fractal Energy may utilize third-party facilities to deliver Services but cannot guarantee their availability or functionality.
In cases of force majeure or technical failure, Fractal Energy is not liable for disruptions to Products or Services.
Users must not commercially exploit Fractal Energy Products or Services without prior written consent. Fractal Energy may refer Users to third-party services or websites, but use of such services is at the User’s own risk.
Personal Data
Fractal Energy processes personal data to offer Services. Details on data collection and usage are available in our Privacy Policy. Users are responsible for the content they upload, share, or distribute. Fractal Energy reserves the right to remove harmful or offensive content. Fractal Energy prioritizes data security but cannot guarantee complete protection against unauthorized access. Users provide personal data at their own risk. Fractal Energy is not liable for the loss of personal data or its recovery.
Linking Third-Party Products
Users may connect third-party devices or services to Fractal Energy Products. However, Fractal Energy cannot guarantee their functionality. Connecting third-party devices or services may involve data exchange. Users acknowledge and accept this risk. Fractal Energy refers Users to the respective developers for the terms governing third-party products or services.
Confidentiality and Intellectual Property
Users must treat all information and materials provided by Fractal Energy as confidential and may not disclose them without written permission. Suggestions or feedback provided by Users to Fractal Energy regarding Products or Services waive intellectual property rights associated with such feedback.
General Provisions
Fractal Energy strives to keep information accurate and up-to-date but is not responsible for errors or outdated content. These Terms remain in effect as long as Users utilize Products or Services. Termination of the agreement will automatically deactivate associated accounts and rights. Fractal Energy will notify Users of substantial changes to these Terms, which will become effective unless Users object within six weeks.
Terms and Conditions of Purchase
Scope and Definitions
When ordering on the Fractal Energy website, the purchase conditions apply in the version applicable at the time of the order. These purchase conditions apply only to products or services (“Products”) purchased via the Fractal Energy website. When ordering via another party, the purchase conditions of the selling party apply. Insofar as this document refers to “Consumers,” these are natural persons whose orders are not placed in the context of commercial, independent, or freelance activities. “Entrepreneurs,” on the other hand, are natural or legal persons or legally competent partnerships whose orders are placed in the context of commercial, independent, or freelance activities. “Customer” within the meaning of these Terms of Sale refers to both Consumers and Entrepreneurs. If a term is expressed in working days, this means all weekdays with the exception of Saturdays, Sundays, and public holidays.
Formation of the Agreement
All offers from Fractal Energy are without obligation and non-binding. In the event that the Customer places an order via the web shop, telephone, or other ordering channel, the purchase agreement is accepted by the Customer as soon as the Customer has received an order confirmation by email from Fractal Energy. As soon as you have received the order confirmation, the order can no longer be changed or canceled. Fractal Energy has accepted the purchase agreement as soon as the Customer has received a shipping confirmation by email. When purchasing Fractal Energy products through third parties, this purchase agreement does not apply.
Prices and Payment Terms
The prices displayed on the website at the time of ordering apply. If shipping costs are charged, Fractal Energy will inform the Customer of this during the ordering process. All prices displayed on the website include the VAT rates that are legally applicable. Prices and offers may differ per country. Fractal Energy offers payment options via external payment providers. The purchase price must be paid within 14 days after the purchase agreement unless otherwise stated. If the Customer has overdue payments, Fractal Energy has the right to charge a fixed amount for the reminder costs per reminder. For each unpaid, returned direct debit order or credit card payment, Fractal Energy has the right to charge a fixed amount for costs or damages incurred, unless the Customer can demonstrate that they were not responsible for the event that caused the damage. The Customer reserves the right to demonstrate that Fractal Energy did not have to incur any costs or costs that were significantly lower than the stated fixed amount. For purchases via the Fractal Energy apps, the General Terms and Conditions of Google or Apple apply. The aforementioned parties are the selling Entrepreneur in this case.
Delivery and Retention of Title
The delivery date “expected delivery” stated with the order during the ordering process is indicative, and no rights can be derived from it. Fractal Energy makes an estimate based on delivery time at the external shipping partner and current payment methods and terms. Fractal Energy strives for delivery on the stated delivery date with a maximum delivery period of 14 days from the order.
Deliveries will be made to delivery addresses within the countries to be specified in the agreement. It is the Customer’s responsibility to ensure that the goods can be delivered during the reasonably expected delivery times.
In case of force majeure, the delivery period will be extended accordingly. Force majeure means unforeseen or unusual obstacles. In case of force majeure, Fractal Energy will inform the Customer about an extension of the delivery period no later than 2 weeks after payment.
In the event of a delivery delay of more than 2 weeks after the stated delivery date, the Consumer has the right to cancel the agreement. In that case, Fractal Energy has the right to terminate the agreement. In both cases, Fractal Energy will refund the payments already made by the Consumer within 5 working days. The Customer has no right to claim compensation for delivery delay.
For business orders for Entrepreneurs, the incoterms stated on the invoice apply.
Fractal Energy reserves the right to terminate the agreement after delivery has failed twice due to the Customer. In that case, payments already made by the Customer will be refunded within 5 days.
If products are delivered with visible damage to the packaging or the contents, the Customer must report this – without prejudice to their warranty rights – via the usual contact channels within 7 days of receipt of the products, so that Fractal Energy can request compensation for the transport damage from the logistics service provider.
In principle, the Customer bears the costs for a return shipment. This does not apply to returns that are the result of a revocation.
Ordered products become the property of the Customer after full payment has been made and all obligations have been fulfilled.
Reflection Period and Returns
If you, as a Consumer, place an order with Fractal Energy via the website, you can make use of our 30-day reflection period.
The cooling-off period is effective from the day on which the Consumer has received the equipment of the order (in its entirety). Within this cooling-off period, the Consumer can cancel the purchase and return the purchased products to Fractal Energy. The burden of proof for timely use of the cooling-off period lies with the Consumer.
If the Consumer uses the cooling-off period, shipping costs for the return of products are for the Consumer. The full purchase price of the products, including shipping, will be refunded as soon as possible, but no later than within 14 working days after receipt by Fractal Energy. This refund will take place via the payment method that the Consumer used for the original transaction.
Products must be returned undamaged in reasonably original packaging within 14 days after the cooling-off period has been put into use. The product must only be used to the extent necessary to determine the properties and functioning of the product. In the event of returning incomplete or damaged products, Fractal Energy may refuse to refund the purchase price or reduce the amount to be refunded.
For selected products, such as the FlexHome series, the 30-day reflection period expires as soon as the product is put into use and cannot be restored to new condition by certified meter readings.
Upon delivery to an Entrepreneur, the Entrepreneur must check the received products for compliance with the purchase agreement. The Entrepreneur is obliged to submit a written report of any deviation from the purchase agreement within 24 hours after delivery and to give Fractal Energy the opportunity to determine the validity of the report on site. The right to replacement or credit expires if the products have already been used. Return shipments are at the expense of the Entrepreneur and are only accepted if agreed in advance.
Warranty
For purchased equipment by a Consumer, the product warranty is valid for 24 months after the order date. If the equipment is purchased by an Entrepreneur, the warranty expires after 12 months from the order date unless otherwise stated on the purchase agreement. Fractal Energy can terminate the warranty term prematurely at any time if the Customer has not complied with the General Terms and Conditions.
Final Provisions
If any provision of this document is invalid, the remaining provisions will remain in full force and effect. If the Customer does not have a general court of jurisdiction within the European Union or is a merchant, a legal entity under public law, or a special fund under public law, the court of the place of business of Fractal Energy shall be the competent court for all disputes arising from the contractual relationship. However, Fractal Energy shall also be entitled to bring legal proceedings at the general court of jurisdiction in the place of business of the Customer. Only the laws of the Dutch state apply, with the exclusion of the UN Convention on Contracts for the International Sale of Goods, also in the case of cross-border deliveries. In addition, the mandatory consumer protection legislation applicable in the country where the Customer has their habitual residence applies to Consumers, insofar as it offers the Customer more extensive protection. Fractal Energy has the right to unilaterally amend these documents – insofar as they have been declared applicable in the contractual relationship with the Customer – if this is necessary to eliminate a subsequent disruption of the balance of the agreement or to adapt the agreement to changed legal or technical preconditions.
Contact
For questions about this document, please contact Fractal Energy at shop@fractalenergy.io Fractal Energy SAS 1, impasse du Palais 37000 Tours, FRANCE
