GENERAL TERMS AND CONDITIONS OF SALE AND USE
Scope of application
Service
These GTCU apply, without restriction or reservation, to all purchases by Customers of Services made on the Site "prk-1u.com" owned by the limited company EWO Infinite Developments SA whose registered office is located at Route de Cossonay 5, 1031 Mex, Switzerland, and registered in the Trade Register of the Canton of Vaud under number, CHE-275.611.890.
By visiting this Site and/or purchasing any of the Services, the Customer agrees to be bound by the following terms and conditions including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. These TOS apply to all users of the Site, including, but not limited to, users who browse the Site, are sellers, consumers, merchants, and/or content contributors.
The Customer declares that he/she has read and accepted these GTCU before proceeding with the online ordering procedure.
The Customer declares that he/she has the full legal capacity to enter into any commitment hereunder and that he/she is not suffering from any psychological or psychiatric disorder.
All new features and tools added to the Site at a later date will also be subject to these GTCU. You can consult the most recent version of the TOU at any time on this page. We reserve the right to update, change or replace any part of these TOU by posting updates and/or changes on our Website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of those changes.
Placing an order on the Site implies acceptance without restriction or reservation of these GTCU; they form an integral part of the contracts of EWO Infinite Developments SA with sub-licensees.
Pre-contractual information
The Customer acknowledges that, prior to placing the order and entering into the contract, he/she has been provided, in a clear and comprehensible manner, with these Conditions and with all the information listed in article 3, paragraph 1, let. S of the Swiss Federal Act against Unfair Competition (UWG) and in accordance with the applicable provisions of European law, and in particular the following information:
- Identity and contact address of EWO Infinite Developments SA
- Various technical stages leading to the conclusion of the contract
- Appropriate technical tools to detect and correct input errors before sending an order
- Immediate confirmation of the Customer's order by e-mail
- Information on the main features of the Services
- Choice of Services and, where applicable, options
- Customer identification using personal data
- Checking order details and correcting any errors
- Acceptance of these GTCU
- Choice of payment methods
- Actual prices of Services selected by the Customer at the time of ordering
- Sending access codes for remote connections
- Information on legal and contractual guarantees
- The possibility of recourse to a consumer ombudsman in the event of a dispute
- Any relevant interoperability of the content on the Site with certain hardware
In addition, these GTCU apply to all Services offered on the Site by EWO Infinite Developments SA.
Acceptance of the GTCU is a prerequisite to the subscription, use and accessibility offered by the Company, notably accessible on the Site, as part of the Order. No Order shall be accepted and validated unless the Customer has previously accepted the GTCU in force.
By ticking the box: "I certify that I have read and accept the general terms and conditions of sale" of the Site, the Customer acknowledges that he/she has been fully informed and is bound by all the provisions of the Site's GTCU.
- Object
EWO Infinite Developments SA, via its website www.prk-1u.com distributes, among other things, Sub-licences relating to concentration development technologies (hereinafter "Sub-licence").
- Applicability
The Customer acknowledges having read these GCSU, and accept them in their entirety, when placing an order and that this order is accepted by EWO Infinite Developments SA after signing the protocol of experimentation validated The acceptance of the order can be done by sending an order confirmation, by delivery or billing services ordered. The GTCU can be consulted on the EWO Infinite Developments SA website (www.prk-1u.com). EWO Infinite Developments SA reserves the right to modify these GTCU at any time.
- Ordering
Products and services can be ordered via the prk-1u.com. EWO Infinite Developments SA reserves the right to refuse an order, for example in the event of insolvency, or unresolved disputes relating to previous invoices or an unapproved experience session (Immersive Experience) or failure to sign the contract.
EWO Infinite Developments SA may delegate all or part of the marketing of certain services on the site to companies directly or indirectly linked by capital ties.
This marketing delegation has no impact on the Customer.
3.1. Placing an order
System requirements for using sub-licences :
System requirements for PC and MAC
- Internet connection - wired or wireless broadband (3G or 4G/LTE)
- Mac OS X with Mac OS 10.9 or later
- Windows 7, Windows 8 or 8.1, Windows 10
Tablets
Surface PRO 2 or later running Win 8.1 or later
Remarque : pour les tablettes qui utilisent Windows 10, elles doivent être équipées de la version Windows 10 Home, Pro ou Enterprise. Le mode S n’est pas pris en charge.
System requirements for iOS, iPadOS, and Android
- An Internet connection - WiFi (a/g/n/ac) or wireless (3G or 4G/LTE)
- Operating system :
- iOS 8.0 or later :
- iPhone 4 or later, iPad Pro, iPad Mini, iPad 2 or later, iPod touch 4th generation, iPhone 3GS (without front camera)
- iPadOS 13 or later
- Android 5.0x or later
3.1.1 Online or face-to-face experimentation session (Immersive Experience)
The Customer carries out an experimentation session prior to any order relating to intellectual property sub-licences. As soon as the results are conclusive, the order will be eligible.
3.1.2 Rights of use for PRK-1U by remote connection and/or provision of a physical device, parameterised
Once the Immersive Experience has been validated, the Customer can place an order for the selected Services; the Customer is redirected to the relevant sales page containing the description of the good and its price, where he/she can purchase the Services if he/she wishes.
Customers are then redirected to a page where they fill in an order form indicating the price and conditions of sale.
Customers must enter their surname, first name(s), date of birth, e-mail address, postal address if purchasing Services and any other information required to process their Order. The Customer will then choose their method of payment by clicking on "Submit".
The Customer will then be taken to a page on which they must choose (i) their type of payment and (ii) their method of payment. To finalise their order, Customers must validate their Order.
Confirmation of the sale by this " double-click "The contract of sale is deemed to have been concluded subject to the approved trial protocol.
Before proceeding with the payment of their Order, Customers must read these GCU and tick the " " box. I acknowledge that I have read the general terms and conditions of sale and accept them. ".
As soon as the Services have been paid for, the Customer will receive an email confirming the purchase with an invoice attached to the email address sent during the purchase process.
With regard to the provision of the physical deviceIn the case of a sub-licence, the customer will receive two invoices: the first relating to the security deposit and the second relating to the sub-licence contract.
Provisions relating to ordering Services
The Service ordered is a service provided (sub-licensed) on a digital medium, for remote connections the Customer will receive an access code and password so that he/she can access a reserved area enabling him/her to view the Service(s) purchased. They are personal, confidential and non-transferable.
With regard to settings individualised for himself (and possibly for the seven (7) people on the list he will have provided to EWO Infinite Developments SA) on the physical device made available to the Customer against a deposit, the Customer will receive the device (PRK-1U) at the delivery address mentioned. This service is personal, confidential and non-transferable except to seven (7) persons according to the list provided to EWO Infinite Developments SA under the Customer's responsibility.
Any Order placed on the Site by the Customer constitutes the formation of a contract concluded remotely between the Customer and EWO Infinite Developments SA.
Contracts are signed using an electronic signature system called Zoho Sign.
You will carefully read the information concerning Zoho Sign's terms and conditions and accept them if you agree by clicking on the "I accept" button before your electronic signature.
Electronic documents
Please note that prk-1u.com will send all documents to you electronically to the e-mail address you have provided unless you instruct us otherwise in accordance with the procedure explained herein. When you sign a document electronically, you may request to receive a PDF version of the document.
Request for paper copies
You are entitled to ask us for paper copies of documents sent to you electronically. You may also download and print documents sent to you electronically. If you would like to receive paper copies of documents sent to you electronically, please send an e-mail to contact@prk-1u.com.
Withdrawing your consent
During the course of our business relationship, you will have the right, at any time, to withdraw your consent to receive documents in electronic format. If you wish to withdraw your consent, you may send an e-mail to contact@prk-1u.com informing us that you wish to receive documents in paper format only. On receipt of your request, we will stop sending documents using the Zoho Sign electronic signature system.
To inform us of your new e-mail address
If you need to change the e-mail address you use to receive our notifications and disclosures, please write to us at contact@prk-1u.com.
System requirements for Zoho sign :
Compatible with recent versions of popular browsers such as Chrome, Firefox, Safari and Internet Explorer. Zoho Sign is also available for iOS and Android devices.
The information provided by the Customer when placing the Order is binding. Therefore, EWO Infinite Developments SA cannot be held liable in the event that an error in placing the Order prevents or delays the execution or delivery of the Services.
3.1.3 Online or face-to-face seminars
Les séminaires d’une durée de 10 jours organisés par la société EWO Infinite Developments SA ont lieu sous deux formes, en ligne et/ou en présentiel, à Belgrade, en Serbie. Pendant cette période, les séminaristes sont paramétrés sur 22 dispositifs PRK-1U simultanément.
3.1.4 Online events
Online events are organised by EWO Infinite Developments SA on an ad hoc basis and can be found on our website under the Agenda tab: https://www.prk-1u.com/evenements/
3.2 Order confirmation
The sale of the Services will only be considered final after EWO Infinite Developments SA has sent the Customer confirmation of acceptance of the Order by e-mail and after the Customer has paid the full price.
4.3. Modifying the order
Concerning the rights to use the PRK-1U by remote connection and/or provision of the physical device and taking into account their nature and customised settings, no change of the Order by the Customer will only be possible after confirmation thereof by EWO Infinite Developments SA, which is expressly accepted by the Customer, subject to the provisions of Article 11 hereof.
3.4 Order cancellation
EWO Infinite Developments SA reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute relating to the payment of a previous order on the Site or in the event of an unapproved trial session or failure to sign the contract.
Given the nature of the Services, which require personalised settings, no cancellation of the Order by the Customer will only be possible after confirmation thereof by EWO Infinite Developments SA or after sending the access codes to the platform and/or access to a download link and/or parameterisation of the physical device which is expressly accepted by the Customer, subject to the provisions of article 11 hereof.
- Delivery
Remote connections :
Les Sous-licences de propriété intellectuelle à la connexion à distance nécessitent l’envoi d’identifiants par mail sous trente (30) jours au maximum à réception de l’attestation signée pour la séance d’expérimentation validée, de la réception du paiement et du renvoi du contrat de sous-licence signé. Il est de la responsabilité du Client de communiquer une adresse email personnelle, active et fonctionnelle, dans le champ libre réservé à cet effet sur le formulaire de renseignements du processus d’achat.
La réception par le Client de l’accusé de réception de la commande vaut pour livraison du service numérique commandé et payé.
EWO Infinite Developments SA is not responsible in case of unavailability or malfunction of the Customer's Internet network or malfunction of the Customer's computer equipment. This remote connection is valid for a period of four (4) years.
Rights of use for making the Physical Device available :
The intellectual property sub-licences include a remote connection for eight (8) people for a period of four (4) years and the provision, under security deposit, of a PRK-1U physical device requiring its customised configuration. It is delivered as a physical support for the concentration development technology. This physical device is made available to the customer and delivered within a maximum of 60 days, subject to a security deposit, upon receipt of payment, return of the signed sub-licence agreement and signature of the certificate of the validated experimentation session.
Customers have the choice of keeping their physical device for as long as they wish. The device is guaranteed for 4 years.
EWO Infinite Developments SA s’engage à rendre le dépôt en garantie versée par le Client (if he decides to return the equipment at his own expense after four (4) years) et lors de la restitution du matériel, si aucune dégradation ne venait justifier la retenue d’une partie ou de l’intégralité de ce dépôt en garantie.
After four (4) years the Customer will therefore waive reimbursement of the deposit. The Customer is aware that the guarantee for the physical device lapses after four years and that the guarantee deposit is retained.
Responsibility and physical and legal custody of the PRK-1U physical device are transferred to the Sub-Licensee when it is made available. The Sub-Licensee assumes this custody against theft and/or damage under its full and sole responsibility.
He undertakes to take out the necessary insurance to cover the risks (in particular theft, water damage, fire, natural events or any act of vandalism) associated with the use of the equipment. The customer is solely responsible for any damage caused to the equipment or by the equipment, whatever the cause or nature.
Tout matériel manquant ou dégradé devra être remplacé ou réparé par et à la charge du Client. En cas de casse, de perte ou de vol, il s’engage à prévenir, sans délai, EWO Infinite Developments SA et à effectuer les démarches nécessaires à la prise en charge du dommage par sa compagnie d’assurance. Le Client s’engage à utiliser le matériel conformément à la notice d’utilisation et à en respecter les règles de sécurité.
The equipment remains the property of its inventor.
The sub-licensing of intellectual property rights does not imply any transfer of rights to the material.
No modifications or alterations may be made to the equipment provided.
The Customer does not have the right to transfer this equipment.
Le Client s’engage à ne confier la manipulation du matériel qu’aux personnes désignées selon la liste qu’il aura fournie à EWO Infinite Developments SA. Le Client (sous-licencié) est seul responsable du matériel.
In the event of death, disability or for any other reason, the heirs, representatives, executors, administrators or any other person acting on behalf of the Customer undertake to inform EWO Infinite Developments SA of their wish to keep the physical device made available or to return it.
Si cette restitution a lieu avant les quatre (4) ans à dater de la signature du contrat, EWO Infinite Developments SA s’engage à restituer le dépôt en garantie versée et lors de la restitution du matériel aux frais du client, si aucune dégradation ne venait justifier la retenue d’une partie ou de l’intégralité de ce dépôt en garantie.
After these four (4) years the security deposit is retained by EWO Infinite Developments SA.
Special offers and promotions Orders for specific offers and/or promotional offers will be processed while stocks last.. They cannot be cancelled or refunded.
4.1 Force majeure
EWO Infinite Developments SA cannot be held responsible for delays or failures in delivery due to force majeure or any other reason beyond its control, such as, but not limited to, strikes, bad weather, accidents, official bans, .....
- Prices
Prices for current services can be consulted on the www.prk-1u.com. The Customer can obtain the price of all services from EWO Infinite Developments SA. All public prices are quoted in Swiss francs and euros, including VAT. Any postage, packaging or delivery costs (excluding customs duty and local import taxes) are included in the prices announced by EWO Infinite Developments SA. EWO Infinite Developments SA reserves the right to change the prices of its services at any time. The prices charged to the Customer are those in effect at the time the order is received by EWO Infinite Developments SA. The physical device has a legal guarantee of conformity and warranty for defects of four (4) years.
This remains set beyond the four (4) years but without guarantee.
- Terms of payment
Payment is due when the order is placed.
Dans certains cas, un paiement fractionné peut être consenti (dans ce cas il est rappelé au Client qu’il est dans l’obligation de pourvoir à tous les paiements prévus par l’échéancier).
The Customer may pay by credit card. Secure online payment by bank card is carried out by our Payment Service Provider. The information transmitted is encrypted and cannot be read during transport over the network.
Once the payment is initiated by the Customer, the transaction is immediately debited after verification of information. By communicating his banking information at the time of the sale, the Customer authorizes EWO Infinite Developments SA to debit his card of the amount relating to the price indicated.
The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled and the order cancelled.
Nous attirons votre attention sur le fait qu’en validant votre commande, vous vous engagez à la payer en intégralité. Aucun remboursement ou arrêt des prélèvements ne sera possible.
6.1 Banking and transaction fees
Pour tout règlement, en fonction de votre banque et du type de carte que vous utilisez, des frais supplémentaires peuvent être appliqués lors des opérations. Ces frais sont variables selon les organismes, nous vous invitons à vous rapprocher de votre conseiller bancaire ou de la personne de contact au sein de votre établissement afin qu’il puisse vous renseigner précisément. Notre société est basée en Suisse. Les frais bancaires sont à la charge exclusive du Client.
6.2 Penalties
EWO Infinite Developments SA reserves the right, in the event of non-compliance with the aforementioned payment conditions, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations as well as access to the platform, prk-1u.com. Under no circumstances will the Customer be entitled to claim any compensation or reimbursement in this respect.
6.2.1. Late payment
In case of late payment and payment of sums due by the Customer, penalties for late payment calculated at the rate of 10% of the total amount including VAT or excluding VAT when the service is not subject to VAT, the price of Services, will be automatically acquired by EWO Infinite Developments SA, without formality or prior notice. Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that EWO Infinite Developments SA would be entitled to bring, on this basis, against the Customer.
The Customer shall not be charged any additional costs beyond the costs incurred by EWO Infinite Developments SA for the use of a payment method.
- Operating licence
The purchase of a sub-licence corresponds to the acquisition of a licence to exploit intellectual property rights. By acquiring this sub-licence, the Customer is authorised to use the sub-licence under the conditions defined below:
- the Customer alone is authorised to use this sub-licence and may not transfer it to third parties;
- The Customer is not authorised to sell, hire out, lend, redistribute or make this sub-licence available to third parties in any way whatsoever, except to the persons on the list that he will have provided to EWO Infinite Developments SA beforehand in order to be configured on the device that is made available to him; these persons must give the Customer their agreement to the personalised configuration and therefore to the transfer of their personal data (their surname(s), first name(s), date of birth, e-mail address, postal address) in order to carry out this configuration. However, the Customer will remain the sole signatory and responsible for this contract and the transfer of this personal data.
- The Customer undertakes to use this sub-licence in accordance with the usage agreed at the time of ordering and/or renewal of this sub-licence for remote connections. By installing this sub-licence, the Customer confirms that he/she has read the above terms and accepts them in full and without restriction. Under no circumstances does the Customer become the owner of this sub-licence but benefits from its use.
- Sub-Licence
The acquisition of this sub-licence is evidenced by :
For Remote Connections :
Receipt (via the e-mail address provided by the Customer) of the identifier and password issued to the Customer against payment of the invoice. These enable the Customer to activate the remote connection to the PRK-1U device, which has been configured for the Customer for this purpose. The Customer undertakes never to pass on his identifier to a third party.
For the provision of the physical device and the remote connection :
1) receipt (via the e-mail address provided by the Customer) of the identifier and password issued to the Customer against payment of the invoice. These enable him to activate the remote connection to the PRK-1U device configured for him and for the other beneficiaries designated on the list provided by the Customer (and after their agreement).
2) receipt of the PRK-1U device, made available as a guarantee deposit, set up personally for the Customer (and possibly for the other beneficiaries designated on the list provided by the Customer and with their agreement) at the address provided by the Customer.
The trial sessions will be offered to the beneficiaries mentioned on the list provided by the Customer, up to a maximum of seven (7) people.
- Services
The various services offered by EWO Infinite Developments SA are rights to use intellectual property (remote connection and/or settings on a physical device), technical support, training, seminars and access to teaching libraries.
- Social networks
EWO Infinite Developments SA, via its website Prk-1u.com ,has a presence on social networks, enabling Customers to talk to each other and to the people involved about the Services and any requests they may have.
The Customer undertakes not to make any mistakes or publish any content, comments, photos or videos that are disparaging, racist, discriminatory, insulting or that damage the image or reputation of www.prk-1u.com.
Failing this, the Customer acknowledges and accepts that www.prk-1u.com. may withdraw, at its own discretion and assessment, its publications, comments, photos and videos and exclude the Customer from the Facebook Group without prior information or notice, as well as from all communication areas. The Customer may not obtain any reimbursement or compensation in this respect.
- Withdrawal period
For Customers who have ordered the Services exclusively for professional purposes, the provisions relating to the right of withdrawal apply. do not apply contracts with EWO Infinite Developments SA.
11.1. Individual settings for user rights for the remote connection and the PRK-1U physical concentration development device :
The Services marketed on the Site and any other digital content are for instant use and / or requiring custom settings. Thus, the Customer acknowledges and expressly accepts that the performance of the service of EWO Infinite Developments SA begins upon validation of payment and expressly waives its right of withdrawal for intellectual property sub-licensing agreements.
11.2 Face-to-face seminars.
The Customer is aware that the preparation of these seminars requires personalised settings. The Customer may exercise his right of withdrawal within the time limits set out below by contacting https://www.prk-1u.com/ without cause by sending a written request to the following address:
EWO Infinite Developments SA, Route de Cossonay 5 CH - 1031 Mex - Switzerland or by email at the following address contact@prk-1u.com.
The refund of the Customer will be made by any means of payment deemed appropriate by EWO Infinite Developments SA within thirty (30) days of receipt by it of the request for withdrawal.
Due to the limited number of places available at face-to-face events, variable reimbursements will be made in the event of cancellation of registration, subject to the following deadlines:
- 1 month before the event, a full refund will be made.
No refunds will be made if less than one month's notice is given.
11.3 Online seminars.
The customer is aware that the preparation of these seminars requires a custom setting. The Customer may exercise his right of withdrawal, within the time limits mentioned below, from EWO Infinite Developments SA without giving any reason by sending his request in writing to the following address
EWO Infinite Developments SA, Route de Cossonay 5 CH - 1031 Mex - Switzerland or by email to contact@prk-1u.com.
The refund of the Customer will be made by any means of payment deemed appropriate by EWO Infinite Developments SA within thirty (30) days of receipt by it of the request for withdrawal.
Due to the limited number of places available in the online seminars, variable refunds will be applied in the event of cancellation of registration within the following deadlines:
- 1 month (30 days) before the event, the refund is 100% of the total amount.
No refunds will be made if less than 1 month's (30 days') notice is given.
11.3 Online events.
The Customer may exercise his right of withdrawal, within the time limits set out below, from EWO Infinite Developments SA without giving any reason by sending his request in writing to the following address:
EWO Infinite Developments SA, Route de Cossonay 5 CH - 1031 Mex - Switzerland or by email to contact@prk-1u.com.
The refund of the Customer will be made by any means of payment deemed appropriate by EWO Infinite Developments SA within thirty (30) days of receipt by it of the request for withdrawal.
Due to the limited number of places available for online events, variable refunds will be applied in the event of cancellation of registration, subject to the following deadlines:
- 15 days before the event, the refund is 100% of the total amount.
No refunds will be made if less than 15 days' notice is given.
- Guarantees
The Customer acknowledges and accepts the support of https://www.prk-1u.com/This is particularly the case when it comes to answering questions via communication channels.
In any case the Customer will not be able to engage the responsibility of EWO Infinite Developments SA in the event of late answer nor to obtain any refunding.
In the event that EWO Infinite Developments SA is held liable, its guarantee will be limited to the amount paid by the Customer for the Services, excluding VAT.
The PRK-1U physical device is delivered with a four (4) year legal warranty.
12.1. Damage resulting from use of the website
https://www.prk-1u.com/ se réserve le droit de modifier, suspendre ou interrompre le Site, la plateforme et les Services à tout moment, avec ou sans préavis et ce, sans que la responsabilité de EWO Infinite Developments SA ne puisse être engagée par le Client ou des tiers, du fait de l’exercice de ses droits. Veuillez noter qu’un dysfonctionnement du site prk-1u.com n’altère pas les prestations à distance qui vous sont fournies.
EWO Infinite Developments SA nevertheless implements means to ensure that the Site and the platform are functional and accessible at all times, except in case of voluntary or involuntary interruption, including for maintenance or force majeure. In case of anomaly discovered by the Customer, it undertakes to notify EWO Infinite Developments SA as soon as possible so that it can remedy.
12.2. Disclaimer of warranties and limitation of liability
EWO Infinite Developments SA does not guarantee that the use of the Site and the platform will be without interruption or error. The Customer accepts that EWO Infinite Developments SA may periodically remove access to the Site or the Platform for indefinite periods, or cancel the Site or the Services at any time without notice.
EWO Infinite Developments SA does not warrant that the Site and the Platform will be protected against loss, corruption, attack, viruses, interference, hacking or other breaches of security.
EWO Infinite Developments SA accepts no liability in this respect.
EWO Infinite Developments SA shall not be held liable for total or partial breach of contract caused by an act of God or an event of force majeure beyond its control.
Provision of the physical device :
La garantie sur le dispositif physique mis à disposition par EWO Infinite Developments SA est de quatre (4) ans. La garantie prend effet à la date de livraison de l’article, justifiée par le document d’accompagnement (facture du dépôt en garantie payée) que nous vous demandons de conserver soigneusement. Ne sont pas couverts l’usure normale de la chose, une mauvaise utilisation due au non-respect du mode d’emploi ou autres interventions extérieures (chute, choc ou humidité par exemple),…
Return of the PRK-1U physical device at the sub-licensee's request
L’article doit être renvoyé intact et complet dans son emballage d’origine (avec les étiquettes comportant ses références), accompagné du bordereau de livraison, dans un délai de quatre (4) ans après signature du contrat. Les frais de port liés au retour sont à la charge du Client.
Toutefois celui-ci est conscient que EWO Infinite Developments SA s’engage à lui rendre le dépôt en garantie versée (si celui-ci décide de restituer le matériel à ses frais au bout de quatre (4) ans) et lors de la restitution du matériel, si aucune dégradation ne venait justifier la retenue d’une partie ou de l’intégralité de ce dépôt en garantie.
After these four (4) years, the Sub-Licensee will no longer be entitled to the reimbursement of its security deposit.
The Customer is aware that the guarantee for the physical device expires after four years and that the deposit is retained.
Legal warranty for a period of four (4) years.
It is the Customer's responsibility to check the condition of the goods delivered without delay to exclude obvious material and manufacturing defects, as well as damage due to transport. In accordance with the law, the Customer is obliged to report any defects or anomalies affecting the goods delivered to enable us to remedy them. He is aware that he must contact EWO Infinite Developments SA as soon as possible via its email address: : contact@prk-1u.com.
12.3. Psychological/physical/medical damage
https://www.prk-1u.com/ does not offer any "professional" medical or psychological advice and does not claim to be a substitute for a doctor. All of the content present in any form whatsoever on the Site is not a substitute for the opinion and/or intervention of a professional duly authorised by the competent authorities.
As a result, EWO Infinite Developments SA and its affiliated partners or suppliers can in no way be held responsible, in any way whatsoever, for damages of any nature whatsoever and in particular personal injury, illness, death,...
https://www.prk-1u.com/ is only bound by an obligation of best endeavours, and consequently cannot under any circumstances be held liable for failure to achieve the objectives set (concentration development technologies) by the Services, the latter depend solely on the Customer's behaviour and use.
- Claims
If necessary, the Customer may submit any complaint by contacting the Company using the following details by email contact@prk-1u.com.
- Force majeure
EWO Infinite Developments SA shall not be held liable for total or partial breach of contract caused by an act of God, an event of force majeure, beyond its control, making it impossible to provide and deliver the Services ordered by the Customer.
The following circumstances are deemed to be cases of force majeure when they paralyse the performance of the contract: strikes, labour disputes, lock-outs, shortages of raw materials, transport strikes, acts of God, insurrection, terrorist attacks, war, destruction of manufacturing and production sites, acts of God such as earthquakes, fire and floods.
The performance of the contract is suspended for the duration of the force majeure without any compensation to the Customer. EWO Infinite Developments SA will normally resume performance of the contract, and will once again be bound to respect all the obligations contained therein, once the disappearance of the event of force majeure has been duly noted.
- Intellectual property rights
The trademarks, domain names, images, videos, texts, know-how or more generally any information subject to intellectual property rights in connection with the Services and/or Products are and remain the exclusive property of EWO Infinite Developments SA and therefore of EWO Infinite Developments SA. https://www.prk-1u.com/. No intellectual property rights are transferred under these GTCU. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
As the Services purchased by the Customer on the Site are exclusively for personal use, the Customer undertakes in particular not to communicate his connection identifiers to third parties (not mentioned in the contract) or to allow access to the Services by any other means.
Users who have a personal or professional website and who wish to place a simple link on their site, for any purpose whatsoever, directly to the homepage of the Site, must request permission from EWO Infinite Developments SA. In any case, any link, even tacitly authorized, must be removed upon request of EWO Infinite Developments SA. Hyperlinks may lead to sites other than the Site. EWO Infinite Developments SA disclaims any liability in the event that the content of these sites contravene the laws and regulations in force.
Consequently, the Customer only has the right to use the Services made available on the platform, without being authorised to reproduce, represent, adapt, distribute or exploit them for personal purposes or for the benefit of third parties. In addition, the Customer expressly undertakes not to use the Services made available on the platform to market the methods offered, in any capacity whatsoever.
The Customer expressly acknowledges that any breach of this clause may cause financial loss to EWO Infinite Developments SA for which the Customer may seek compensation.
- Partial nullity
If any provision of these GTCU is invalidated for any reason whatsoever, such invalidation shall have no effect on the validity of the other provisions hereof.
- Personal data
Protecting customers' personal data is important for https://www.prk-1u.com/. And so, https://www.prk-1u.com/ will do its utmost to minimise the collection, protection and security of Customer data in accordance with General Data Protection Regulation no. 2016/679.
The Customer is referred to the confidentiality policy on the Site, which contains all the information concerning the data controller, data collection, purpose, legal basis, retention period, data recipients and the exercise of the Customer's rights.
- Dispute resolution - Consumer mediation.
In the event of a dispute, the consumer or non-professional Customer whose usual place of residence is in a country of the European Union benefits from rights that protect them by virtue of the mandatory provisions of the law applicable in their country of residence.
For all disputes arising from the existing commercial relationship that do not fall within the exclusive jurisdiction of the courts of the city of Lausanne, an action may be brought in the country of the European Union in which the Customer concerned resides.
The European Commission provides an online dispute resolution platform which the Customer can access here : https://ec.europa.eu/consumers/odr/.
If the Customer is a professional, the place of jurisdiction is Lausanne (Switzerland). In this case, exclusive jurisdiction is expressly attributed to the courts of Lausanne.
- Applicable law - Place of jurisdiction
These GTCU are governed by Swiss law.
If the Customer is a consumer or non-professional, the application of Swiss law is without prejudice to the application of the mandatory consumer law provisions of the country in which the consumer or non-professional is domiciled.
