General terms and conditions 

ARTICLE 1 - GENERAL CLAUSES

These terms and conditions apply to all orders for products or services (excluding rentals) placed by a professional customer with Multinnov, RCS ROUEN n°828 863 282.

The customer's general terms and conditions of purchase cannot cancel all or part of these terms and conditions, which therefore remain the only ones valid and applicable in the relationship between the customer and our company, except in the case of special terms and conditions expressly agreed between the parties.

The fact that one of the parties does not avail itself of any of the present conditions at a given time may not be interpreted as a waiver of the right to do so at a later date. The invalidity of any clause of these conditions shall not affect the validity of the conditions as a whole.

ARTICLE 2 - ORDERS

2.1 Our company's sales or services may be the subject of an offer, a quotation or a contract (hereinafter referred to as "special conditions"). Special terms and conditions issued by our company are valid for thirty (30) days from the date of issue. The benefit of special conditions is strictly personal to the customer and cannot be transferred without the agreement of our company.

2.2 The customer's order is taken into account on receipt of the customer's order form. Once the order has been transmitted to our company, no total or partial cancellation or quantitative or qualitative modification may be made without the written agreement of our company. Such modifications may, if expressly accepted, result in an adjustment of prices and lead times, in addition to compensation for any loss suffered by our company. In the event of cancellation, compensation may not be less than the amount of the products or services cancelled.

2.3 As an independent company, our company reserves the right to subcontract all or part of the customer's order.

ARTICLE 3 - PRODUCTS

3.1 Our company takes the utmost care in communicating information relating to the essential characteristics of products and services, in particular by means of technical descriptions provided by its partners and suppliers and photographs illustrating the products. The photographs are not contractual.

In any event, our company cannot be held liable for any changes or errors in the description of the characteristics of the product purchased, unless the essential characteristics of the product or service are affected.

In view of the specific nature of certain products marketed, our company draws the attention of customers on its Site to their conditions of use, applicable regulations, authorizations, etc., in particular:

- Concerning the use of drones:

https://www.service-public.fr/particuliers/vosdroits/F34630

The use of a drone is subject to specific rules and legislation. Over and above the rules of common sense, respect for the safety of people and property, and privacy, which prohibit flying over any public place, people or animals, you need to make sure you have all the authorizations, diplomas, insurance or approvals required to use your equipment in compliance with the law. You can find all the information you need on the French government's sustainable development website at the above address.

- Lithium batteries: Lithium batteries must be used under special conditions and in accordance with the manufacturer's recommendations. It is necessary to use a specific charger/balancer for Lithium batteries (Lipo or Li-Ion). Never charge a battery at more than 4.20V per cell (8.40V for a 2S, 12.60V for a 3S, 16.80V for a 4S, etc....). In the same way, you should never over-discharge a battery, i.e. below 3V per cell, otherwise you risk damaging it permanently, or worse, starting a fire. So if you're using a peripheral that doesn't have a charge detection system (such as a video transceiver, monitor, glasses, LED, etc....), it's essential to monitor your battery's discharge level. Finally, to maximize the life of your batteries, we recommend that you leave them to stand and/or cool down for about twenty minutes after discharge, before recharging them again. Any battery which has been used outside these recommendations, or which shows signs of impact, swollen cells or a replaced original connector, will not be covered by the warranty. The same applies to any battery purchased after 3 months. Finally, we strongly recommend that you store your batteries in special protective bags.

The Customer is invited to read carefully and to scrupulously respect the instructions enclosed (some instructions are enclosed digitally) with the products sold by Multinnov. In the absence of instructions, upon delivery, Multinnov undertakes to provide them to the Customer upon written request.

In any event, use of the products is the sole responsibility of the Customer. Under these conditions, the Customer is responsible for maintaining the product in good condition and for using it in accordance with its intended purpose, in particular by complying with the applicable provisions and with the instructions provided by Multinnov and the manufacturer. In this respect, the Customer is advised not to make any modifications to the product, install accessories, ancillary parts or any other non-conforming devices on the product. The Customer undertakes to use the products in accordance with current regulations and to comply with all legal obligations. Multinnov shall in no event be liable for any defects or deterioration of the products delivered resulting from abnormal or non-conforming use after delivery of the products.

3.2 Unless otherwise specified by Multinnov, products are new.

ARTICLE 4 - PRICES - TERMS OF PAYMENT

4.1 The prices charged are those in force at the time of signature of the special conditions. They are stipulated exclusive of taxes, transport costs and any ancillary costs, VAT being that in force at the time of invoicing.

4.2 Unless otherwise agreed between the parties, invoices are payable in cash. No discount is granted for early payment.

In the event of a deterioration in the customer's financial situation, our company reserves the right to demand guarantees, even after partial execution of an order. The customer expressly undertakes to inform our company of any financial difficulties, in particular in the event of a threat or implementation of enforcement measures.

4.3In the event of non-payment of an overdue invoice, our company shall be entitled, after prior notice, to suspend all orders or services in progress, without prejudice to any other course of action. In application of legal provisions, the customer will automatically be liable to pay a penalty for late payment calculated by applying an annual interest rate of fifteen point twenty one (15.21) % to the total outstanding sums, after prior formal notice, as well as a fixed indemnity for collection costs of forty (40) euros, without prejudice to the payment of all legal, court, action or collection costs duly justified by our company.

ARTICLE 5 - PERFORMANCE - DELIVERY - RISKS

5.1 Delivery or performance deadlines may be specified in the special conditions. In such cases, delivery or performance deadlines only apply from receipt of the customer's written acceptance of the special conditions and payment of the deposit. These deadlines are indicated as accurately as possible, but are determined in particular according to our company's supply possibilities.

In any event, they are given as an indication only, unless our company gives an express written commitment to firm dates. Exceeding deadlines may not give rise to damages, withholding or cancellation of orders in progress, except in the case of gross negligence on the part of our company. In general, our company undertakes to inform the customer as soon as possible of any difficulties encountered in the performance of the obligations entrusted to it.

5.2 Our company is authorized to carry out its deliveries or services in whole or in part.

5.3 Delivery and the transfer of risks take place upon receipt of the products by the customer when the carrier is appointed by our company; or when the products are made available at the location specified in the special conditions when the customer is responsible for transport. In the event of damage or shortage, it is the customer's responsibility to make all necessary observations on the delivery document and to confirm these reservations by registered letter with acknowledgement of receipt to the carrier within three (3) days of receipt of the products, with a copy to our company, without prejudice to the measures to be taken under article 7.1 hereof.

5.4 In all cases, the customer is responsible for taking delivery of the products and services. It must therefore be present or represented at the place and on the day of acceptance. In any event, the signature of any person present on the day of receipt is deemed to bind the customer, who must make the necessary arrangements.

If this clause is not respected, no dispute will be accepted.

ARTICLE 6 - CUSTOMER OBLIGATIONS

6.1 All of our company's commitments can only be fulfilled in close collaboration with the customer and on the basis of the information provided by the latter. The customer thus enters into an obligation to provide our company with information, and undertakes in particular to forward any useful document or information enabling our company to fulfil its obligations. This information must be sufficiently explicit to enable our company to fulfill its obligations in accordance with the customer's needs. The customer also undertakes to make every effort to facilitate its availability to our company, so as to enable the latter to perform its obligations under the best possible conditions.

6.2 It is the customer's responsibility to check that the product or service ordered is suitable for his or her purpose or intended use.

The customer undertakes to use the product as a careful professional in accordance with its intended use. The customer undertakes to use and/or store and/or resell the products or services in accordance with current regulations, and to comply with all legal obligations. Our company cannot be held responsible for defects resulting from abnormal or non-compliant conditions of use, storage, conservation, maintenance or resale... subsequent to receipt.

6.3 If, during the performance of the contract, the customer is requested by our company to give its agreement, it must make its response known as soon as possible, the performance period being suspended until such agreement is obtained. In the absence of a reply within this time limit, our company cannot be held responsible for exceeding the deadline or for changes in the conditions of execution of the order.

6.4 If, during the performance of the contract, the customer requests a quantitative or qualitative modification of the order from our company, such a request will be subject to an adjustment of prices and lead times; our company cannot be held responsible for exceeding lead times or for changes in the conditions of execution of the order resulting from additional requests from the customer.

6.5 Our company cannot be held liable for errors attributable to the customer or originating from information or documents supplied by the customer, nor for the harmful consequences of any decision taken by the customer or by a third party appointed by the customer. Likewise, our company cannot be held responsible for projects or decisions submitted to the customer and for which it has obtained the customer's agreement.

6.6 In the event of failure by the customer to comply with its contractual obligations, our company reserves the right to suspend performance of its obligations, following formal notice. In such a case, any delay in delivery or performance due to the customer's failure to comply with its obligations shall not, by express agreement, give rise to compensation for the customer.

ARTICLE 7 - GUARANTEES - CLAIMS - RETURNS

7.1 Multinnov is bound by the legal warranties in force, i.e. the legal warranty of conformity (articles L. 217-4 et seq. of the French Consumer Code) and the legal warranty of hidden defects provided for in articles 1641 et seq. of the French Civil Code. If you are claiming under the legal warranty of conformity :

- You have 2 years from the date of delivery to take action.

- You can choose between repair and replacement, subject to the cost conditions reviewed in article L. 217-9 of the French Consumer Code.

- You are exempt from having to prove the existence of a lack of conformity for 24 months following delivery of the goods, this period being 6 months in the case of goods sold second-hand.

The legal warranty of conformity applies independently of any commercial warranty that may have been granted.

You may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, you may choose between rescinding the sale or reducing the purchase price in accordance with article 1644 of the French Civil Code.

7.2 Except in the case where the complaint is formulated within the framework of the legal guarantee of conformity, it is up to the Customer to provide any justification as for the reality of the defects or anomalies noted. The Customer must allow Multinnov every facility to proceed with the observation of these defects or anomalies.

Subject to the possible exercise of the right of withdrawal, any return of products must be subject to the express agreement of Multinnov and will give rise, depending on the case, to the repair, replacement of products, the establishment of a credit note or a refund of the Customer, after qualitative and quantitative verification of the returned products.

Products must be returned with all accessories and instructions. The costs and risks of return are the responsibility of the Customer. If Multinnov does not receive the product, no repair, replacement, credit note or refund will be granted, as Multinnov is unable to observe any anomalies.

In the case of a guarantee requested by a customer residing in Metropolitan France, Multinnov will provide a prepaid transport voucher upon request to ensure the return of the goods.

Special case of batteries: Batteries are consumables, whose lifespan is directly linked to their conditions of use. As their actual lifespan is well under 24 months, the nature of these products does not appear compatible with the duration of the legal warranty of conformity. Consequently, Multinnov guarantees its batteries for a period of 3 months from the date of purchase. Please note that the warranty is excluded when the battery has been used outside Multinnov's instructions indicated in article 3.1 above, or when the battery shows signs of impact, swollen cells, or when the original connector has been replaced.

ARTICLE 8 - GUARANTEES - LIABILITY

8.1 Our company undertakes to perform, in accordance with the laws and regulations in force in France, the obligations defined in the special conditions. Our company undertakes not to interfere in the customer's commercial choices. Our company cannot guarantee the impact of its interventions on the customer's sales. The customer remains responsible for the resources he uses, which are neither supplied nor made available by our company.

8.2 Without prejudice to the measures to be taken with regard to the carrier, claims concerning any defects or non-conformity of the products or services must be made in accordance with the following conditions.

In the case of apparent defects or non-conformity of the products or services delivered with the products or services ordered, in addition to the copy of the reservations made with the carrier which the customer must send to our company within three (3) days of receipt, the customer has a period of seven (7) calendar days from receipt to make a complaint to our company by registered mail with acknowledgement of receipt.

With regard to hidden defects, complaints must be made within seven (7) days of discovery of the defect, and in any event within twelve (12) months of receipt of the products in question, to our company by registered mail with acknowledgement of receipt.

It is up to the customer to provide any justification as to the reality of the defects or non-conformities observed. He/she must allow our company every facility to proceed with the observation of these defects or anomalies.

Customers are reminded that they have no right of withdrawal. Any return of a product must therefore be justified and, in any event, be subject to the express agreement of our company. Products are returned at the customer's risk and expense. In the event of non-compliance with the present clause, no claim will be accepted. In the event of a product defect attributable to our company, the latter may, at its discretion, either replace the product, repair it, or reimburse the customer in full or in part.

8.3 Our company accepts no liability if the product malfunctions as a result of normal wear and tear; if the product has been modified, incorporated or repaired by the customer or a third party.); failure to comply with any recommendations for product use that may have been issued, and/or with specific regulations relating to the products sold; failure to comply with conditions of use, storage, conservation, maintenance, etc.; malicious acts by the customer or third parties; or if the defective operation is the result of force majeure as defined below.

Our company's liability is also excluded in the event of improper or inappropriate use of the product, or in the event of the product's unsuitability to meet the customer's special requirements not expressly accepted by our company when the order was placed.

8.4 When our company is held liable as a result of a proven fault on its part, compensation shall apply only to direct, personal and certain damage suffered by the customer, to the express exclusion of compensation for all indirect and intangible damage and/or loss, such as financial loss, damage to image, loss of production, etc. The amount of damages that our company may be required to pay under the aforementioned conditions is in any event limited to the price of the products or services in question, as defined in the special conditions. The parties agree that the present clause is accepted in view of the price negotiated between the parties and in view of the customer's foreseeable damages in the event of fault on the part of our company.

8.5 In the event of force majeure, the other party will not be held liable and its obligations will be suspended. A case of force majeure is defined as any event making it either impossible or manifestly more difficult to perform an obligation due to the unforeseeable, irresistible or external nature of the event, these three criteria being alternative, such as war, riots, fire, floods, total or partial strikes, paralysis of road or other transport routes, energy supply disruptions, telecommunications and computer network blockages, changes in regulations, delays or failures in the intervention of external partners such as our company's suppliers or subcontractors... as well as any other event considered by law or jurisprudence as a case of force majeure. Either party may terminate the contract in question by registered letter with acknowledgement of receipt in the event that a case of force majeure continues for more than 30 days. Our company shall then be duly paid for all deliveries and services rendered and costs incurred in the performance of its obligations.

8.6 In order to cover their responsibilities, the parties undertake to take out civil liability insurance and damage insurance in respect of the performance of the present contract, and to justify to the other party at any time the existence of the insurance policy and the payment of premiums.

8.7 Special cases :

Special case of drones :

As the causes of a drone crash may be numerous and subject to interpretation, Multinnov may, if necessary, request prior agreement from the manufacturer in order to determine whether or not to take responsibility. In the event of a warranty claim for a drone, Multinnov will offer to replace defective parts, but does not warrant sensors, cameras, accessories, nacelles, landing gear or any other accessory which may have been damaged in the crash, but which is not a direct part of the product. In any event, the product must be returned to Multinnov with its prior agreement.

Special case of camera accessories: As in the case of drones, should Multinnov be held liable for a camera attachment or accessory (e.g. camera boom), this liability applies strictly to the product in question, and does not extend to the attached camera.

Special case of batteries: As batteries are subject to wear and tear and their lifespan is clearly linked to their conditions of use, Multinnov grants the Customer a contractual warranty of 3 months from the date of purchase (except for DJI batteries, for which the warranty is extended to 12 months from the date of purchase), valid in Metropolitan France.

ARTICLE 10 - INTELLECTUAL PROPERTY - CONFIDENTIALITY - PERSONAL DATA

10.1 In the context of its design and engineering services, the services, studies, projects, models and documents of any kind produced, delivered or sent by our company always remain its property. Our company retains the intellectual property rights to its creations (know-how, patentable inventions, copyrights, trademarks, databases, etc.), which may not be used, represented, communicated, performed, adapted or translated without its prior written authorization, or as otherwise stipulated in the special conditions.

As part of the fulfillment of its obligations, our company grants the customer, who accepts it, a non-exclusive and non-transferable license to use its products for the sole purpose of use within the scope of the special conditions.

Our company gives the customer no other guarantee in respect of the intellectual property of its obligations than that of disturbances of enjoyment resulting from its own actions. In the event of a complaint by a third party relating to the use of these rights, our company may temporarily suspend its obligations without any compensation being claimed in this respect, until the dispute with the third party has been definitively resolved.

10.2 The parties mutually undertake to respect the strictest confidentiality and undertake not to communicate to third parties, except as required by law, any information or intelligence of which they may become aware in the performance of their obligations hereunder. They undertake to ensure strict compliance with this obligation by their staff and agents.

10.3 In order to process orders and manage its customer file, our company is required to collect, process and transfer customers' personal data. Customers have the right to access, modify, rectify and delete data concerning them, in accordance with applicable regulations.

10.4 The customer expressly authorizes our company to use the customer's name or company name as a reference in all advertising and/or promotional documents produced by our company in any medium whatsoever. However, our company shall refrain in this context from any action likely to damage the customer's image or reputation.

ARTICLE 11 - APPLICABLE LAW - JURISDICTION

The parties agree that the present conditions and their consequences are subject to French law. The language of the present conditions and of the relations between the parties is French.

In the event of any dispute between the parties or of any other nature relating to the formation, interpretation, execution or termination of the order or the relationship between the parties, the Tribunal de Commerce de ROUEN (FRANCE - 76) shall have sole jurisdiction. This jurisdiction shall apply even in the event of summary proceedings, incidental claims or multiple defendants, and regardless of the method or terms of payment.

ARTICLE 12 - CONTACT

Seller identification : Multinnov SAS- 14 bis rue de l'église - 76460 NEVILLE - FRANCE

Company share capital: €1,000

SIRET number: 828 863 282 (RCS Rouen) - Intracommunity VAT number: FR968863282

For any question or claim related to products and services, to his order, to his personal data, to the right of withdrawal, to the application of the guarantee of the products the Customer can contact Multinnov at the following coordinates:

Postal address: Multinnov SAS- 14 bis rue de l'église - 76460 NEVILLE - FRANCE

E-mail address: sav@Multinnov.com

Telephone: Monday to Friday, 9 a.m. to 5 p.m.: 09 70 93 78 37