General Terms and Conditions of Sale Products and Solutions
1. Preamble
SPORT QUANTUM (a French limited company with share capital of €66,073, registered in the Evry Trade and Companies Register under number 829 079 292, headquartered at 4 rue René Razel 91400 Saclay, France) is developing a range of electronic target systems for club and competition shooting sports, whose features are described on the https://sportquantum.com/ website.
SPORT QUANTUM and the French Atomic Energy Authority (CEA) have researched and registered international patents for the technologies involved, in particular for localizing the impact of shooting on targets in real time. The software solutions and ergonomics of the Products have been designed and developed by SPORT QUANTUM and are its property.
The present General Terms and Conditions of Sale detail the rights and obligations of SPORT QUANTUM and its Customers in connection with the sale and use of the Products and Solutions marketed by SPORT QUANTUM. Any acquisition of Products and Solutions licenses therefore implies the Customer’s unreserved acceptance of these General Terms and Conditions of Sale, supplemented, where applicable, by the General Terms and Conditions of Services – SQ Care. The Order signed by the Customer or validated by email, or the payment of a deposit, materializes the acceptance of the present General Sales Conditions, completed, in the event of subscription by the Customer, by the General Conditions of Services – SQ Care. These documents together form a Contract between SPORT QUANTUM and the Customer. All other legal documents, in particular the Customer’s general terms and conditions of purchase, are excluded from the present contractual relationship.
The Customer declares that he/she is at least 18 (eighteen) years of age or has parental authorization to place an Order, or has the legal capacity to be the legal representative of a legal entity.
For greater clarity, the following table of definitions applies to the entire Contract. Defined terms, whether used in the singular or plural, have the meanings specified herein.
Client: Refers to the natural or legal person who places an order for Products and Services from SPORT QUANTUM under the terms of the Contract.
Order: Refers to the document embodying the acquisition of Products, precisely describing the Products subject to the order, as well as the subscribed Solutions and/or SQ Care Services.
General Terms of Sale: Refers to this document framing the rights and obligations of SPORT QUANTUM and its Clients in the context of the sale and use of the Products and Solutions marketed by SPORT QUANTUM to the Client.
General Terms of Services – SQ Care: Refers to the document framing the rights and obligations of SPORT QUANTUM and its Clients in the context of the Client’s subscription to SQ Care Services.
Contract: Refers collectively to the General Terms of Sale, supplemented, if applicable, by the General Terms of Services – SQ Care and their Order.
Products: Refers to the Products listed in the article “Description of Products and Solutions” below and marketed by SPORT QUANTUM under the terms of the Contract.
SQ Care Services: Refers to the additional services offered by SPORT QUANTUM under the terms of the Contract.
Solutions: Refers to the Solutions listed in the article “Description of Products and Solutions” below and provided by SPORT QUANTUM under the terms of the Contract.
User: Refers to individuals authorized by the Client to use the Products and Solutions marketed by Sport Quantum.
2. Description of Products and Solutions
SPORT QUANTUM sells the following Products and Solutions:
2.1 Products :
– SQ Air 10: Interactive electronic target for shooting compressed air at 10 meters;
– SQ Fire 25: Electronic target for shooting 22LR, 9mm, 32mm, 38mm calibers, from 25 to 50 meters;
– SQ Fire 50: Electronic competition target for shooting 22LR at 50 meters;
– SQ Air PanoramiQ: interactive electronic target configured for air pellet shooting for speed and Olympic speed disciplines at 10 meters;
– SQ Touch: 10″ hybrid Wifi/Ethernet tablet with touchscreen and integrated swivel stand. Configured with SQ App software and including target management management application.
2.2 The Solutions :
– SynQro: supervision software for training and competition;
– SQ App: application for training, competition and fun learning on targets.
The installation and use of Products and Solutions may require the purchase of accessories or equipment such as jumpers, routers, cables, Wifi networks, printers or television sets. Only the accessories and equipment necessary for the installation, connection and operation of electronic targets are supplied by SPORT QUANTUM and indicated in the Order. For proper use of the Products and Solutions, the Customer must (i) have the necessary viewing or printing equipment and, where applicable, a Wifi subscription with an Internet access provider (ii) comply with the prerequisites indicated by SPORT QUANTUM.
2.3 Requirements
The prerequisites and instructions for installation and use are detailed for each Product and Solution on the SPORT QUANTUM website:
– SQ Air 10: https://sportquantum.com/produits/sq-air/
– SQ Fire 25: https://sportquantum.com/produits/sq-fire-25/
– SQ Fire 50: https://sportquantum.com/produits/sq-fire-50/
– SQ Air PanoramiQ: https://sportquantum.com/produitspanoramiq/
– SynQro: https://sportquantum.com/produits/synqro/
3. Delivery and transport
Principle.
SPORT QUANTUM proposes to apply Incoterm 2020 DAP – Delivered At Place. This Incoterm means that goods are considered delivered when they are made available to the buyer at destination on the arriving means of transport, without being unloaded. In accordance with this rule, SPORT QUANTUM, the Vendor, is operationally responsible for transporting the goods (as evidenced by the carrier’s acceptance note) to the agreed delivery point indicated by the Customer, in the country of destination. The Customer, as purchaser, is responsible for customs formalities, payment of import duties and taxes, and unloading the goods at destination.
The carrier is chosen by SPORT QUANTUM through a transport broker. The customer has access to a delivery tracking system set up by the carrier.
By exception specifically indicated in the Order, the Incoterm 2020 EXW – Ex Works (at the factory) may be applied – the Products are then available to the Customer at SPORT QUANTUM’s premises. The Customer shall bear all costs and risks inherent in loading and transporting the goods until they reach their destination. Packaging materials will not be taken back and must be retained by the Customer for all packaging purposes, and in particular for after-sales service purposes. Failure to do so will give rise to additional invoicing, including a transport box and shipment.
Product inspection
In the event of missing or damaged goods in transit, the customer must make all necessary reservations to the carrier. These reservations must be confirmed in writing within five (5) calendar days of delivery, by registered letter with acknowledgement of receipt. The Customer also undertakes to inform SPORT QUANTUM of any difficulties relating to the carrier or delivery by e-mail: contact@sportquantum.com.
Delivery times
The delivery time indicated by SPORT QUANTUM when the Order is registered is given as an indication only and is in no way binding. The delivery date is also the responsibility of the carrier and is fixed according to the place of delivery. Any reasonable delay in the delivery of the Products from the date of the acceptance order shall not give rise to any claim for damages or cancellation of the Order on the part of the Customer.
Any fixed delivery times must be expressly requested, very precisely specified in writing and accepted by SPORT QUANTUM.
The delivery date presupposes that the Customer fulfills his contractual obligations, and in particular that he pays the agreed down-payments, provides the documentation and authorizations that may be required for delivery of the Order, and meets the conditions and requirements of the acceptance facility. Otherwise, the delivery date will be postponed accordingly.
If delivery is delayed by more than three (3) months, for whatever reason, either party is entitled to cancel the order free of charge.
4. Warranty and maintenance
4.1 Legal Warranty of Conformity
If you are a consumer based in the European Economic Area, EEA consumer protection laws provide you with a legal warranty covering Products and Solutions supplied by SPORT QUANTUM. Under this warranty, SPORT QUANTUM is liable for any lack of conformity that a consumer Customer may observe.
4.1.1 Warranty and duration
The Warranty applies to Products and Solutions. It does not cover parts affected by normal wear and tear or consumables outside of their guaranteed lifetime, if such a lifetime exists, and their standard, conforming use.
SPORT QUANTUM guarantees that all Products delivered are free from any material or manufacturing defect and that they correspond to their description. The warranty covers operating faults or defects in conformity with standard use of the Products. In the event of installation by SPORT QUANTUM, installation is also guaranteed.
The warranty period is :
– For new Products: Two (2) years from the date of pick-up by the carrier.
– For repaired Products: Six (6) months on repaired Products and replaced spare parts, from the date on which the carrier takes delivery of the repaired Products.
repaired Products.
– In the case of subscription and “continuous” supply of Solutions: at any time during the subscription period.
It is the Customer’s responsibility to return the Product in its original packaging and to take great care in its transport to SPORT QUANTUM’s workshops. Deterioration resulting from poor packaging or faulty transport will not be covered by the warranty and will be subject to a specific quotation.
4.1.2 Warranty exclusions
Application of the present warranty is excluded in the event of use of the Products and Solutions contrary to the present General Terms and Conditions of Sale, in particular in the event of non-compliance with the Rules of Use or prerequisites, and generally in the event of alteration, inappropriate use or negligence in the handling or use of the Products and Solutions.
Furthermore, the warranty is excluded if, at any time:
– The Customer or third parties appointed by the Customer modify the Product in any way;
– The Customer or third parties appointed by the Customer improperly install or commission the Product;
– The Customer fails to carry out the necessary maintenance operations, as defined below;
– The use of a weapon with a power rating exceeding the limits specified in the Products’ “Rules for Use”;
– Damage is caused by humidity or temperature (low or high) in the surrounding environment, by chemical, electrochemical or electrical influences (including but not limited to the power & current supplied) and fire;
– An external peripheral is connected by the Customer or a third party;
– The product’s serial number plate is removed or defaced;
– The Customer has not paid his invoices.
The warranty does not cover continuity of service. This continuity of service takes the form of either:
– Option Swap – Product exchange: the target is permanently replaced by a target with similar characteristics. This target need not necessarily be new, but the Customer must not suffer any degradation of service;
– Courtesy target option: SPORT QUANTUM provides a courtesy target while the customer’s target is being repaired.
This continuity of service is provided either by quotation or as part of SQ Care Services.
4.1.3 Limited warranty
The warranty offered by SPORT QUANTUM is limited to the repair or replacement of non-conforming or defective Products or parts.
SPORT QUANTUM may decide, at its discretion, to replace (with an equivalent Product) or repair (with refurbished or new replacement parts) the Product or its components. In the event of failure of a third party component, SPORT QUANTUM may be required to return the equipment to the third party concerned and cannot be held responsible for the third party’s processing times.
The Customer must allow sufficient time and opportunity for repair or replacement.
Processing
– The customer must contact Customer Service as soon as possible after identifying any non-conformity in order to request the application of the warranty.
– A duly completed After-Sales Service Form, downloadable from www.SportQuantum.com, must be attached to all requests. It must include all the information required for SPORT QUANTUM to deal with the request. In the absence of this form, or if it is incomplete, diagnostic fees may be charged.
invoiced. The Customer must also enclose the original invoice indicating the date of purchase, the type of Product and, if applicable, the name of the Product’s distributor.
– Depending on the nature of the fault and the diagnosis made, SPORT QUANTUM will arrange for a technician to visit the site or for the Product to be returned to the workshop, at its discretion. The cost of the technician’s on-site visit (travel and labor time) and/or the return to the workshop will be borne by the Customer. The visit of a
technician must be the subject of a visit slip co-signed by the Customer and the technician, detailing the operations carried out.
– The intervention period is two (2) months from receipt of the Product in the workshop.
– SPORT QUANTUM is responsible for repairing and returning the Product to the Customer, if this is indeed a case covered by the warranty. If it is not a warranty case (see warranty exclusions), the request will be treated as an unjustified claim. – For the return of products to Sport Quantum, if the customer no longer has the original carton, Sport Quantum can, at the customer’s request, supply the carton with its cushioning foam and the shipping label at the current rate.
– At the customer’s request, Sport Quantum can supply a return label at the current rate if the customer has the original carton and foam.
4.1.4 Unjustified claim
If the claim or warranty request is unjustified, the customer will be required to pay all costs incurred by the claim (in particular transport costs, administrative costs, labor time). If it is determined that the damage to be repaired was caused by non-compliance with the necessary maintenance operations or negligence on the part of the Customer, its agents, employees or its own customers or Users, the Customer undertakes to pay the costs associated with the repair as part of the maintenance operations.
SQ Care
Customers who have subscribed to the SQ Care service cumulate the protection granted under the present warranty with the support services defined in the SQ Care General Service Conditions.
4.2 Maintenance requirements
Necessary maintenance operations :
In order to guarantee optimum operation of the Products, the Customer undertakes to :
– Respect the maintenance operations indicated in the target’s user manual
– Use the repair and maintenance equipment recommended by SPORT QUANTUM, in particular the impact plates marketed by SPORT QUANTUM.
– Update the Solutions whenever SPORT QUANTUM provides information.
Failure to follow maintenance rules may lead to faster deterioration of the Products and, above all, to loss of warranty.
The Customer is responsible for carrying out the necessary maintenance operations as defined, at regular intervals and in a professional manner. To this end, the Customer must employ competent personnel for the operation and maintenance of the Products.
4.3 Hotline and Maintenance
4.3.1 Hotline – Customer Service
SPORT QUANTUM provides the Customer with a hotline which can be reached by telephone or email, from 9am to 5pm, Monday to Friday (excluding public holidays).
Telephone number: +33(0)9 80 087 087
Email : support@sportquantum.com
The customer may contact this hotline with any questions relating to installation, use of the Products and Solutions, rules of use and necessary maintenance operations. SPORT QUANTUM will use its best endeavours to answer the Customer’s calls and emails as quickly as possible and to provide a clear answer.
4.3.2 Maintenance by SPORT QUANTUM
In the event of a need for maintenance of the Products not covered or excluded from the scope of the warranty or upon expiry of the warranty period and at the request of the Customer, SPORT QUANTUM may carry out repairs or maintenance services on the Products under the following conditions:
A duly completed SAV Form, downloadable from https://sportquantum.com/support/contact/, must be attached to the request. It must contain all the information required for SPORT QUANTUM to deal with the request. If the form is missing or incomplete, a diagnostic fee may be charged. The Customer must also enclose the original invoice showing the date of purchase, the type of Product and, if applicable, the name of the Product’s distributor.
– The cost of a technician’s visit to the site (travel and labor time, subject to estimate) is borne by the Customer. A visit by a technician must be the subject of a visit report, co-signed by the Customer and the technician, detailing the operations carried out.
– The cost of transporting the Product to SPORT QUANTUM’s workshops and of returning it to the Customer shall be borne by the Customer.
– For the return of products to Sport Quantum, if the customer no longer has the original cardboard box, Sport Quantum can, at the customer’s request, supply the box with its cushioning foam and the return label.
and shipping label at the current rate.
– At the customer’s request, Sport Quantum can supply a return label at the current rate if the customer has the original carton and foam.
– A handling fee of €40.00 excluding VAT will be charged for each repair request. – Labour is invoiced at €90.00 per hour, excluding VAT, and spare parts at the catalog price at the time of repair.
– SPORT QUANTUM will provide an estimate prior to any maintenance operation. SPORT QUANTUM will provide the Customer with an indicative timeframe for carrying out maintenance operations
– Please contact SPORT QUANTUM for any urgent repair request.
– If no fault is detected, the handling and diagnostic fees will still be invoiced.
4.3.3 SQ Care
Customers who have subscribed to the SQ Care service benefit from certain preferential conditions for these operations as defined in the General Terms of Services – SQ Care.
5. Rules of use
The Rules of Use below detail the rights and obligations of SPORT QUANTUM’s customers when using a Product or Solution. It is the Customer’s responsibility to pass on these Usage Rules to all Users of the Products and Solutions, and to ensure that they are respected. In the case of an authorized minor User (under 18 years of age), the Customer must transmit these Usage Rules to the holder of parental authority, who accepts them and ensures that the minor child has understood them.
SPORT QUANTUM may modify these Rules of Use from time to time. These modifications will be available thirty (30) days before they come into force on the www.SportQuantum.com website. It is the responsibility of each Customer to ensure that he/she has the current Rules of Use at all times.
5.1 Reminder of the dangers inherent in Sport Shooting
The Products are intended for experienced Sport Shooters who are fully familiar with the rules and practices of this sport as defined by the International Sport Shooting Federation (I.F.S.S.).
Customers of SPORT QUANTUM, as well as any other User of a Product, are aware of the dangers of this sport, and undertake to respect all the safety rules applied and applicable to the practice of this sport during any use of the Product, whatever the purpose (demonstration, training, competition, recreational activity, etc.) and the location (in a Shooting Sport club, at a Shooter’s home, or any other location suitable for Shooting Sport). In particular, but not exclusively, always ensure that:
– Weapons are unloaded and secured when not in immediate use.
– A loaded weapon is always in the hands of a marksman.
– A loaded weapon is always pointed at the target.
– No one is in or near the shooting range.
Under-age children must comply with the age-appropriate restrictions on access to weapons and sports as defined by current legislation.
The weapon, of whatever kind, is not intended for use by persons (including children) with reduced physical, sensory or mental capacities, or persons lacking experience or knowledge in Sport Shooting, unless they have been able to benefit, through the intermediary of a person responsible for their safety, from prior supervision or instructions concerning the use of the device and supervision during such use.
Consequently, SPORT QUANTUM cannot be held responsible for any accident occurring during the use of the Product. SPORT QUANTUM provides electronic targets but is in no way responsible for their use, for the use of weapons, and for compliance with the rules of safety and good practice inherent in this sport, which, given its dangerous nature, must be systematically respected at all times and by all players.
5.2 Safety rules for using the Products
In order to guarantee maximum safety in the use of the Products, the Customer and / or the User must in particular, but not exclusively, ensure that:Rules common to all Productsü The place where the Product is installed and used is adapted to the safety requirements of Sport Shooting, in accordance with the regulations of the country in force, and the rules of use of Sport Shooting as promoted by the Fédération Internationale de Tir Sportif (I.F.S.S.) and the Fédération de Tir Sportif of the country where the target is used.
– When used outside an approved/certified Shooting Club, the target installation must comply with the aforementioned safety requirements. In such cases, the shooter and any spectators must wear safety goggles that fully protect the eyes.
– Any spectators or other persons must stand behind the shooter.
– All safety rules relating to the use of weapons must be observed. – It is imperative to shoot facing the target, with the weapon strictly perpendicular to the hanging plane. adjustment screws. The shot must land on the dedicated surface, i.e. the screen.
– All users and spectators are under the supervision of a person able to ensure compliance with all the safety rules governing the practice of Sport Shooting, in accordance with the aforementioned safety requirements.
– To prevent the risk of electrocution, never immerse the cord, plug or device in water or any other liquid.
Rules specific to each Product : In addition to the common rules, each product may require the application of specific rules. These specific rules are indicated in the target’s user manual. It is the customer’s responsibility to be aware of and comply with all these rules.
SPORT QUANTUM shall not be held liable for any accident occurring during the use of the Product if the aforementioned rules, given the dangerous nature of this sport, are not systematically respected, at all times and by all.
5.3 Rules for proper Product operation
To ensure proper operation of the Product and Solutions, the environmental conditions necessary for the use of such a target must be respected, in particular:
– In the event of malfunction, problems or damage to the Product, the Customer and/or User must disconnect it immediately and contact SPORT QUANTUM’s After-Sales Service as soon as possible.
– If the Product shows signs of malfunction during use, unplug it immediately. Do not use a defective unit or attempt to repair it yourself.
– If the unit is dropped or accidentally immersed in water or any other liquid, unplug it immediately. Do not use the unit afterwards.
– Ambient temperature should always be between 10 and 40 degrees Celsius.
– Humidity should be at a reasonable level, and in any case below 80%.
– Some products are not suitable for outdoor use, and must be protected from sunlight, rain and dust.
and dust. The Product is a precision tool. It must not be dropped or subjected to shocks other than the impact of pellets on the polycarbonate plate.
polycarbonate plate, the latter coming from a weapon whose power does not exceed the thresholds indicated below.
– The Product must be protected from fire and water.
– The Product must not be subjected to chemical, magnetic, electrochemical or electrical influences. – The electrical power and current of the target’s power supply must be constant and between 100 and 240 V AC 50/60 Hz.
– The Product must be hung with care (the target may fall) and must be strong enough to withstand the weight of the target over a long period of time, and the power of the impacts, during shooting. the power of the impacts, when firing. When hanging the target, it is imperative to use the SPORT QUANTUM fastening system and the pin to hold the target in place. the target on its angle iron.
– The plastic cover must be carefully positioned, using a vertical movement to place the frame lugs in the fixing holes provided on the cover. – Tearing of the plastic in the mounting area can only result from mishandling, and SPORT QUANTUM cannot be held responsible for it. If the target cover is so damaged that it reveals parts other than the screen, it must be replaced immediately, and the target should be taken out of use. – Never shoot at the target without the cover and the pellet recovery drawer. – The transformer/adapter box and the target’s power cable must be protected from shots at all times. – Regularly check that the over-plate is securely screwed, especially after each transport. – For use in a location with numerous WiFi connections, the communication between the target and the SQ Touch tablet may be slowed down. This is not a malfunction inherent to the SPORT QUANTUM product but is related to WiFi technology. In this situation, contact SPORT QUANTUM, which can propose alternative wired solutions to facilitate communication between the target and the SQ Touch tablet. ü In any case, never attempt to use the product for purposes other than those for which it was designed.
The operating rules are outlined in the user manual for each target. SPORT QUANTUM cannot, under any circumstances, be held responsible for product malfunctions, even during the warranty period, if the aforementioned rules have not been consistently and fully followed at all times and by everyone.
5.4 Conditions of Use for Solutions
The Solutions are provided to the Client and remain the property of SPORT QUANTUM.
The Client is authorized to use the Solutions. This right of use granted to the Client is non-transferable, non-assignable, and non-exclusive. The use of the Solutions is understood to be its use by the Client and authorized Users within the scope of engaging in Sports Shooting.
Any other unauthorized use of the Solutions, not previously approved in writing by SPORT QUANTUM, is strictly prohibited. In this regard, the Client undertakes to prohibit Users from engaging in any temporary or permanent reproduction of all or part of the Solutions, any access or attempted access to the source codes of the Solutions, any decompilation or reverse engineering, especially with the aim of creating a similar service, any interfacing or integration with other services or software without prior written authorization from SPORT QUANTUM, any dissemination, distribution, free or paid provision of all or part of the Solutions for the benefit of unauthorized users, the public, or third parties, any translation, adaptation, arrangement, or modification of the Solutions, and any fraudulent or unauthorized introduction or attempted introduction onto servers.
The Client agrees to use the Solutions in accordance with their intended purpose, documentation, applicable professional rules, and the provisions of the Contract. SPORT QUANTUM reserves the sole right to ensure the maintenance and evolution of the Solutions.
It may be necessary from time to time to obtain updates or new versions of the Solutions and the Product firmware, particularly to correct any potential bugs and to adapt to any changes in the framework defined by the International Shooting Sport Federation (I.S.S.F.).
The Client and/or the User are responsible for ensuring that they have the latest available version of the SQ App application and firmware. The latest updates are transmitted by SQ through any available means. However, it is advisable to verify the compatibility of the hardware version of the Product and the available software versions beforehand. To perform these updates, the Client must have WiFi access to the Internet. It is strongly recommended to use a high-speed connection.
Additionally, the SQ App application may download and install updates from SPORT QUANTUM automatically. The Client and/or the User agree to receive these updates.
6. Prices
6.1 Rate
6.1.1 Pricing
The prices for the acquisition of Products or the use of Solutions are those in effect on the day of placing the Order. They are quoted in euros excluding taxes. Prices will be increased by the applicable VAT rate and/or taxes and applicable transportation fees on the day of the Order. Delivery costs are the exclusive responsibility of the Client and may vary depending on the type of Products ordered.
It is the Client’s responsibility to handle customs formalities, pay the duties and taxes due to importation, and unload the goods at the destination.
An annual price for the use and updating of Solutions is specified in the order.
6.1.2 Modification of Rates
SPORT QUANTUM reserves the right to modify its rates at any time. However, SPORT QUANTUM undertakes to invoice the goods ordered at the price indicated at the time of order registration. Except for a fixed price agreement, SPORT QUANTUM reserves the right to pass on significant increases in labor, material, or logistics costs for deliveries made three (3) months or more after the conclusion of the Contract.
6.2 Conditions
6.2.1 Transfer of Risk
In accordance with Incoterm 2020 DAP, the risk is transferred to the Client upon delivery of the Products at unloading.
Commercial Offer & Sent Documents
The offer submitted by SPORT QUANTUM is non-binding and includes only the services expressly offered. Illustrations, drawings, and other representations contained in the offer or on the website are indicative and approximate unless expressly designated as binding. The same applies to weight, performance, and consumption information contained in accompanying documents.
Any document, spreadsheet, drawings, etc., contained in or accompanying the offer are the property of SPORT QUANTUM. These documents cannot be transferred or made available to third parties without written authorization from SPORT QUANTUM. Verbal side agreements, modifications, or additions to the Contract require written confirmation from SPORT QUANTUM to be valid.
6.2.2 Discounts and Rebates
The proposed rates include all discounts and rebates that SPORT QUANTUM may grant to the Client, regardless of the services or Products ordered or managed by the Client.
6.2.3 Discount
No discount will be granted for early payment.
6.2.4 Payment Terms
Payment for orders is made either by check or by bank transfer to SPORT QUANTUM’s account. The order is effectively recorded upon receipt of the deposit, with the balance to be paid upon receipt of the invoice.
6.2.5 Late Payment In case of total or partial non-payment of the Products or Solutions delivered on the due date of the invoice, the Client must pay SPORT QUANTUM a late penalty equal to three times the legal interest rate. The legal interest rate retained is the one in effect on the day of goods delivery. This penalty is calculated on the inclusive amount of the sum remaining due and runs from the due date of the invoice without any prior formal notice being required.
In addition to late fees, any amount, including the deposit, not paid on its due date will automatically result in the payment of a lump-sum indemnity of forty (40) euros for collection costs.
6.2.5 Resolutive Clause
If, within fifteen days following the implementation of the “Late Payment” clause, the Client has not paid the remaining amounts due, the sale will be automatically terminated and may entitle SPORT QUANTUM to claim damages and interest on its behalf and the application of the Reservation of Ownership clause.
6.2.6 Compensation
If, for reasons related to the Client, the Contract cannot be executed, SPORT QUANTUM is entitled to demand compensation of 20% of the agreed price including taxes, unless the Client proves that SPORT QUANTUM has suffered no damage.
7. Complaint and Withdrawal
7.1 Complaint
Any complaint regarding the Product must, under penalty of nullity, be sent to SPORT QUANTUM by registered letter with acknowledgment of receipt within five (5) calendar days of the delivery of said Product. Complaints can be made either by phone at +33(0)980 087 087 or by email at contact@sportquantum.com.
7.2 Withdrawal
In accordance with the protective provisions for consumers applicable within the European Economic Area, the consumer Client has, as a principle, a withdrawal period of 14 (fourteen) days from the day after the receipt of the Products by the Client.
When the Client exercises their right of withdrawal, they are not required to justify their decision or bear any costs other than those corresponding to the return of the Products.
To exercise their right of withdrawal, the Client must inform SPORT QUANTUM of their decision before the expiry of the 14 (fourteen) day period by sending the following form by email to contact@sportquantum.com or by postal mail to SPORT QUANTUM, 4 rue René Razel, 91400 Saclay, France:
“Attention SPORT QUANTUM
I/we() hereby notify/notifies() you of my/our() withdrawal from the contract for the sale of the product() below:
Product: (name/reference):
Order Reference:
Ordered on() / received on(): ………………………………………
Client’s Name: ………………………………..
Client’s Address: ……………………………..
Client’s Signature: ……………………………………………………………………
Date: …………………………………………………………………….
(*) = Delete as appropriate.”
In accordance with applicable provisions, the right of withdrawal cannot be exercised in several cases, including cases where the Products are customized or regarding the supply of digital content not supplied on a tangible medium.
When the right of withdrawal is exercised by the Client within the limits of the applicable provisions, SPORT QUANTUM is obligated to reimburse the Client for the full amount paid, including delivery costs, no later than 14 (fourteen) days from the date on which the Company received the Products returned by the Client in application of this right.
The Product subject to the right of withdrawal must be returned in its original and complete condition (packaging, accessories, instructions, etc.), allowing its resale as new. The Client’s liability may be engaged otherwise.
8. Retention of Ownership
SPORT QUANTUM retains ownership of the Products sold until full payment of the price, both principal and accessory. In this regard, if the Client does not comply with the Pricing article above or is subject to a recovery or judicial liquidation, SPORT QUANTUM reserves the right to reclaim, as part of the collective procedure, the sold and unpaid goods.
The Client must take the greatest care of the delivered item (equipment plus packaging) as long as it remains the property of SPORT QUANTUM. The Client must, in particular, insure it at their expense against damage caused by fire, water, and theft, at least at replacement value. The Client must keep the purchased goods in good condition during the retention of ownership and, in particular, carry out, in a timely manner, the necessary maintenance operations at their expense.
The Client may not sell, give, pledge, transfer as collateral, or otherwise dispose of the Product during the retention of ownership. In case of seizure, confiscation, or other third-party interventions, the Client must immediately inform SPORT QUANTUM. The costs of intervention against such third-party interferences are borne by the Client.
9. Intellectual Property
The Products and Solutions are protected by intellectual property law, and SPORT QUANTUM holds these intellectual property rights or the necessary authorizations:
– Technologies, especially real-time impact localization, are protected by patents filed by CEA List. SPORT QUANTUM holds an exclusive license for worldwide exploitation of these patents. Any reproduction of the essential features of the invention as defined in the patent claims constitutes an act of infringement.
– Solutions are protected under copyright law, and SPORT QUANTUM holds these copyrights. This Contract does not transfer ownership rights over the Solutions but provides for their availability. Any non-compliant use of the Solutions and violation of the Conditions of Use of the Solutions constitutes infringement.
10. Personal Data
Terms capitalized herein and not defined in this document have the same meaning as given to them in Article 4 of EU Regulation 2016/679 of April 27, 2016 (or “GDPR”).
To manage its pre-contractual, contractual, and post-contractual relationships with the Client, SPORT QUANTUM, as Data Controller, is required to collect and process Personal Data concerning the following Data Subjects: the Client or the Client’s personnel, and/or more generally the contacts of SPORT QUANTUM at the Client who manage and monitor the commercial management of contracts, orders, invoices, payments and transactions (including managing unpaid and litigation), complaints, and communication.
Each Data Subject has the right of access, rectification, and erasure of their data, as well as the right to limit the processing of their data. They also have the right to object to the processing of their personal data. Each Data Subject can also provide directives regarding the fate of their personal data and how they want their rights to be exercised after their death. The exercise of these rights, under the conditions and according to the modalities and limits provided by the applicable provisions, is done upon simple request sent by email to contact@sportquantum.com or by postal mail to SPORT QUANTUM – Customer Relationship Service, 4 rue René Razel, 91400 Saclay, France. Any complaint can be addressed to the relevant supervisory authority. In France, this is the CNIL (cnil.fr).
11. Liability
By express agreement between the Parties, SPORT QUANTUM’s liability in the event of direct damage resulting from a proven breach of its obligations is limited to the exclusive amount excluding taxes actually received by SPORT QUANTUM under the Contract, excluding any indirect or consequential damages from the Client (such as loss, inaccuracy, or corruption of data, economic damage, loss of customers, loss of prospects, loss or lack of commercial profit, third-party action against the Client, loss of chance, loss of image, etc.). The Parties specify that the aforementioned amount is part of the economic balance of the Contract.
SPORT QUANTUM declares that it holds professional liability insurance covering its civil liability for harmful consequences resulting from a breach of its contractual obligations, in case its liability is invoked.
12. Termination
In the event of non-performance by a Party of any of its obligations defined in the Contract, the other Party may terminate the Contract automatically fifteen (15) calendar days after sending a notice that has remained wholly or partially ineffective. If, at the end of this fifteen (15) calendar day period, the breach has not been remedied, this Contract is automatically terminated by simple notification. In the event of non-payment under the conditions indicated in the Price article, SPORT QUANTUM may apply the Reservation of Ownership clause and request the return of the Products.
13. Proof Convention
The Parties agree to consider the data derived from the use of the Products and Solutions, especially data on the impact location of the shot, as probative elements.
14. Miscellaneous
The liability of SPORT QUANTUM cannot be invoked if the non-performance or delay in the performance of any of its obligations described in the Contract results from a case of force majeure.
In this regard, force majeure includes any external, unforeseeable, and irresistible event within the meaning of the force majeure article as defined by the Civil Code and the jurisprudence of the Court of Cassation, including but not limited to fire, explosion, strike, embargo on goods, act of any government, shortage of materials or labor, exceptionally severe weather conditions, default by any manufacturer or supplier or subcontractor, quarantine, restriction, epidemic, or disaster, terrorism, or other events caused by causes beyond the control of SPORT QUANTUM.
Unless otherwise stipulated, the Client authorizes SPORT QUANTUM to mention it as a commercial reference and to reproduce its brand and logo, solely for the purpose of promoting the activity and Products of SPORT QUANTUM.
In the event that a provision of the Contract is considered null, inapplicable, or unenforceable by any competent jurisdiction, the other provisions will remain valid, applicable, and enforceable unless otherwise provided by said jurisdiction.
15. Applicable Law and Dispute
This Contract is subject to French law.
In case of an imperative and more protective legal provision applicable in the Client’s country of residence, this provision will apply instead of the contractual provision conflicting with local law.
IN THE RELATIONSHIP BETWEEN SPORT QUANTUM AND THE CLIENT AND IN CASE OF DISPUTE RELATING TO THE EXECUTION OF THE CONTRACT, SPORT QUANTUM AND THE CLIENT AGREE TO SUBMIT THEIR DIFFERENCE TO A PRIOR AMICABLE SETTLEMENT PROCEDURE. IN CASE OF FAILURE OF THE AMICABLE PROCEDURE, THE DISPUTE WILL BE SUBMITTED BY THE MOST DILIGENT PARTY TO THE COMPETENT COURT OF THE DEFENDANT’S PLACE OF RESIDENCE.