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Terms and conditions of sale

1. Scope of application

These The G-Lab products and services are offered to you by AXS; and govern all offers, sales and purchases of any products (including hardware and software) and/or services offered by The G-Lab. Please read these terms and conditions carefully. By making an offer to purchase any product, you agree to these Terms of Sale and any amendments to these Terms of Sale from time to time. If you do not agree to the Terms of Sale, you may not proceed with your order to purchase. Nothing in these Terms of Sale shall affect or limit any rights granted by applicable mandatory laws. The Terms of Use set forth at https://www.the-g-lab.tech/fr/mentions-legales/ (” TOU“) are incorporated herein by this reference and collectively, these Terms of Sale and Terms of Use constitute the entire agreement between The G-Lab and you with respect to the purchase of the Products. In the event of any inconsistency between the Terms of Use and the Terms of Sale, capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the main TOU.  

2. Product purchasing

The purchase of Products via The G-Lab merchant site is subject to the following terms and conditions:  

A. Your compliance

  You agree to comply fully with all instructions and/or other conditions issued by The G-Lab in connection with your purchase of products through The G-Lab merchant site.  

B. Product and support descriptions

  We strive to be as accurate as possible in describing our products and support services. However, we do not warrant that product and/or support descriptions or other content on the online merchant website are accurate, complete, reliable, current or error-free. If you purchase a product through The G-Lab merchant website and you believe that it does not match the description on The G-Lab merchant website, or if you believe that you have not received support for your product as provided in the limited warranty, then you may open a ticket on our support which will work with you to find a solution as soon as possible.  

C. Placing an order

  You can place an order by filling out the required forms on The G-Lab merchant website. We will not accept orders placed in any other manner. You will be responsible for ensuring the accuracy of the order. All orders are final, non-cancellable and non-refundable, except as expressly stated in our return policy.   All prices and descriptions on The G-Lab merchant website are subject to availability, do not constitute an offer to purchase any product and may be revised by The G-Lab at any time. Accordingly, all orders are subject to our acceptance and each order is accepted by us when we accept your payment and ship your order. Prior to acceptance, we will not be a party to any legally binding agreements or promises made between you and us for the sale or other dealings with the product(s) and therefore we will not be liable for any loss, liability or damages that may result. You acknowledge and agree that any automatic e-mail acknowledgement of your order does not constitute acceptance of your order. For the avoidance of doubt, we reserve the right to: refuse to process or accept any order received from or via The G-Lab merchant website at our sole discretion; and prohibit the resale of certain products identified as “not for resale” at the time you place an order.  

D. Cancellation of orders

  We will cancel your order if: we are unable to accept your order within a reasonable time from the date of your order; payment for your order is incomplete; you are outside the EU or in Corsica, DOM TOM. If we cancel your order, we will refund any previous payment you have made for this product.  

E. Limited warranty

 

E1. Valid proof of purchase

  An official dated e-mail from an authorized The G-Lab online reseller (or from The G-Lab itself) confirming the purchase and shipment of the product. The confirmation e-mail must include the product description and price.   An order number for the-g-lab.tech website  

E2. Duration

  All our products come with a 2-year guarantee.   The warranty on your product can be extended up to 3 years by subscribing to the warranty extension on this link.  

E3. Terms and conditions

  Limited warranty The G-Lab warrants the product to be free from defects in materials and workmanship (subject to the conditions set forth herein) when properly used in accordance with the official documentation for the applicable warranty period from the date of retail purchase. If the product is or contains a rechargeable battery, The G-Lab makes no warranty as to the life of the battery, as all rechargeable batteries may lose their charging capacity over time and this is not considered a defect. Actual battery life will vary according to conditions of use.   Exclusions and limitations This limited warranty does not cover : – Software; – Problems and/or damage to the product caused by the use of accessories, parts or components not manufactured by The G-Lab; – Damage caused by service (including upgrades and extensions) performed by anyone not acting officially as an employee, representative or subcontractor of The G-Lab; – Claims arising from unacceptable use or maintenance of the product, including (but not limited to) misuse, abuse, neglect, unauthorized modification or repair, unauthorized commercial use, or any operation of the product outside the parameters recommended by The G-Lab; – Claims arising from external causes, including (but not limited to) accidents, acts of God, contact with liquids, fire or earthquake ; – Products whose serial number or timestamp has been modified, erased or deleted; – Products for which The G-Lab will not receive payment; or cosmetic damage, minor cosmetic anomalies (including minor pixel anomalies) and normal wear and tear, including (but not limited to) scratches, dents and chips.   The G-Lab does not warrant that the operation of the product will be uninterrupted or error-free. ALL SOFTWARE AND THIRD-PARTY PRODUCTS AND ACCESSORIES PROVIDED WITH THE PRODUCT ARE PROVIDED “AS IS”. You assume the entire risk as to the quality, performance, accuracy and effect of these items, and if any of them prove defective, you, and not The G-Lab, assume the entire cost of all necessary servicing or repair.   Remedies under this limited warranty. If an eligible limited warranty claim is received by The G-Lab during the applicable warranty period, The G-Lab will (at its sole discretion) either: (a) repair the product or defective parts free of charge, using new or refurbished replacement parts; (b) exchange the product with a new product or one that has been manufactured from new and/or usable used parts and is at least functionally equivalent to the original product. Goods presented for repair may be replaced by reconditioned goods of the same type rather than repaired. Reconditioned parts may be used to repair goods. The G-Lab reserves the sole right to determine whether a claim is eligible and/or the product is defective. Repaired or exchanged Products will be warranted to be free from defects for a period of ninety (90) days after the date of repair or exchange (as applicable), or for the remainder of the Original Warranty Period, whichever is longer.   Full limited warranty ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD. ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. No supplier, reseller, agent or employee of The G-Lab is authorized to modify or extend the terms of this limited warranty or to make any representation whatsoever. The G-Lab reserves the right to change the terms of this limited warranty at any time without notice.   Limitation of liability TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE G-LAB BE LIABLE FOR LOST DATA, LOST PROFITS OR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (OTHER THAN PERSONAL INJURY), REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE A PRODUCT, EVEN IF THE G-LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE G-LAB’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. The above limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.   Support resources Before filing a limited warranty claim, please consult the online help resources on our FAQ. If the product is still not working properly after using these resources, please contact The G-Lab via our support. You may be required to participate in the diagnostic process to verify and determine any problems you may be experiencing with the product. Service options, parts availability and response times may vary depending on the country in which the limited warranty claim is made.   How to request a limited warranty   Returns not covered by this limited warranty If The G-Lab receives from you a product that does not meet the requirements of this limited warranty, including (but not limited to) a product that (a) is not accompanied by a valid proof of purchase, (c) is no longer covered by the warranty period, or (d) does not have a defect covered by this limited warranty, you may be responsible for evaluation fees, return shipping and handling charges and other reasonable costs that may be required by The G-Lab before the product is returned to you.   Software/Data backup Repairing the product may result in loss of data. It is your sole responsibility to make a backup of all existing data, software and programs on the product before returning the product or receiving technical support services from The G-Lab (including telephone support). THE G-LAB ASSUMES NO RESPONSIBILITY FOR LOSS OR RECOVERY OF DATA, SOFTWARE, PROGRAMS OR LOSS OF USE OF PRODUCT(S). The G-Lab will not be liable for any loss of data, software or programs, even if The G-Lab technicians have attempted to assist you with your backup, restore or similar services. Any such assistance is beyond the scope of this limited warranty. Following service under this limited warranty, your product may be returned to you as originally configured, subject to any applicable updates.   Consumer law This limited warranty gives you specific legal rights, and you may also have other rights which vary from country to country, province to province or state to state. Except to the extent permitted by law, The G-Lab does not exclude, limit or suspend any other rights you may have. For a complete understanding of your rights, you should consult the laws of your country, province or state, as applicable.   General This limited warranty applies only to the original purchaser of the product and is not transferable. This limited warranty is valid only in the country of original purchase. This limited warranty shall be governed by and construed in accordance with the laws of the country in which the product was originally purchased. No reseller, agent, distributor or employee of The G-Lab is authorized to make any modification, extension or addition to this limited warranty. If any term of this limited warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.  

F. Return policy

 

F1. If you purchased your products on The G-Lab merchant website

 
 
    1. You have 14 days to return your product from the date of receipt.
    1. The product must be returned in its original condition and packaging.
    1. All promotional and bundled products included in the order must be returned.
    1. Returns that do not meet the eligibility requirements may result in delayed refunds or the product(s) being returned to you.
 

F2. How to return a gaming chair

 
 
    1. You are responsible for properly packaging, shipping and labeling the gaming chair as “returned merchandise” with the shipping label provided in the original packaging.
    1. Please completely disassemble the gaming chair and carefully put it back in its original packaging to avoid any damage during the return process. The item must be returned in its original packaging in the same condition as it was supplied to you, with no missing parts (including any spare parts you may have received).
    1. Please ensure that the shipping label is attached to the product you are returning in its original packaging.If you wish to return the play chair within 14 days of purchase, we’ll cover the return shipping costs to ensure minimum hassle and maximum flexibility.
 

F2. Disclaimer of Liability

  We will not be responsible for returned items that are lost or damaged. If we find that the product has not been returned to us in a fully resalable condition, including full packaging, we reserve the right to refuse a refund on the item.   You acknowledge and agree that in the event you are eligible for a refund of the purchase price of any product, such refund shall not include any cross-border charges that credit card companies may charge for processing any payment (” Cross-Border Charges “). You will be responsible for any such cross-border charges.  

3. PRICES AND TERMS OF PAYMENT

  You acknowledge and agree that in the event of a price discrepancy for the Products, the price notified to you on our acceptance shall be the prevailing price.   We reserve the right, at any time prior to our acceptance, to notify you of: any revision of the prices of the Products to reflect any change in the cost of the Products. Such changes include, but are not limited to, changes in tax or levy rates and any variation in applicable exchange rates; and/or any change in the description of the Products. If you choose to proceed with your order, you acknowledge and agree that the Product will be sold to you in accordance with such revised price and/or description.   The countries to which we can deliver products are indicated in the order cancellation: All countries within the EU, excluding Corsica and DOM TOM. We reserve the right to change this list of countries at any time and will not be liable to you for any such change in the list of countries or the imposition of any new conditions in relation to a country.   Unless otherwise specified, all product prices listed on The G-Lab merchant website are exclusive of: all shipping charges (unless you qualify for free shipping under the conditions set forth in 4. DELIVERY, RISK AND LIABILITY); any sales taxes or duties, customs fees (including, but not limited to, customs fees), import duties and taxes (if any); and cross-border charges (collectively, the “ Additional Cost “). Any such Additional Cost shall be borne by you.   Full payment must be made prior to our acceptance using the payment methods provided on The G-Lab merchant website. We will invoice credit and debit cards prior to shipment of products or commencement of any service.   You may not deduct from any payment by way of counterclaim or set-off without our prior written consent. We will not be responsible for billing errors unless you notify us of such billing error within fourteen (14) business days from the date of acceptance. In the event that such a billing error is solely attributable to us, we will cancel your order and/or refund any previous payment you have made for that product. We will also authorize a new order for this product.  

4. DELIVERY, RISK AND LIABILITY

  All delivery times stated on The G-Lab merchant website or in any other acknowledgement of receipt are for guidance only. We will do our best to meet these deadlines, but we will not be liable to you for any delay.   Subject to our acceptance, we will deliver the Products to the address you have provided. If you change your address after submitting an Order, we reserve the right to charge you for any additional costs we incur as a result of such change. We also reserve the right to cancel your order if: the address you have given is that of a forwarder or freight forwarder; you place an unusually large order; or there is a high volume (beyond the usual quantities) of Products being sent to the delivery address you have given.   Notwithstanding anything to the contrary, the risk of loss or damage to the products passes to you upon the earlier of: delivery; or when the product/service is placed in your possession or that of any carrier provided by you.   You are not entitled, in whole or in part, to refuse any product or not to take delivery of any product, except if: this is expressly provided for in these Terms of Sale, any applicable Returns Policy or any applicable law which cannot be excluded or limited; if the products are damaged or lost in transit (when the products are transported by our own carrier) and provided that you notify us within the time limits stipulated in our Returns Policy (in the case of damage) or within fourteen (14) working days of the estimated delivery date (in the case of loss); or if there are defects in the products that are not caused by your actions, omissions, negligence or default and provided you notify us within the time period stipulated in our Returns Policy.   Except as stated above, if you refuse or fail to take delivery of such products, any risk of loss or damage to the products shall nevertheless pass to you. In addition, without prejudice to any other rights or remedies available to us, we reserve the right to: effect delivery by any means we deem appropriate (at your expense); and/or charge you for any costs incurred as a result of your refusal or inability to take delivery, including but not limited to storage costs.   In the event of: incomplete delivery; non-delivery; or any defect or damage to a Product, we may, at our sole discretion: (a) deliver the Products following an incomplete delivery or non-delivery ; (b) replace or repair the Products in accordance with our limited warranty and/or return policy; and/or (c) refund the price paid for any damaged or defective Products.   Without prejudice to our limited warranty and/or return policy, we will not be liable for any damage or loss resulting from: any use not in accordance with our specifications or instructions; use of the products with other defective or unsuitable equipment or software; or your negligence.  

5. SOFTWARE

  All software (including preloaded software contained in hardware) is provided subject to the end-user license agreement for such software. You agree to be bound by this end-user license agreement.  

6. LIMITATION OF LIABILITY

  IN NO EVENT SHALL THE G-LAB, THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND ON ANY THEORY WHATSOEVER. IN NO EVENT SHALL THE G-LAB’S AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) EXCEED THE AMOUNT YOU PAID FOR A PRODUCT THAT IS MOST CLOSELY RELATED TO YOUR DAMAGES. The foregoing limitations shall apply even if any warranty or remedy provided hereunder fails of its essential purpose.   Without prejudice to the foregoing and to the fullest extent permitted by law, we disclaim all liability to you if the Products infringe or are alleged to infringe the rights (including intellectual property rights) of any third party.  

7. LICENSES AND EXPORT LAWS

  You are responsible for obtaining (at your own expense) any license or consent from any governmental (or other) authority required for the purchase, transportation or use of the products. You agree to provide proof of such license or consent upon our request.   You agree to comply with all export control laws or regulations applicable to the purchase, transportation or use of the products.  

8. YOUR DECLARATIONS

  You must maintain and promptly update your account information stored with us and secure such information (including, but not limited to, your user name and password) against unauthorized access.   You declare to us that all the information you have provided at the time of your Order is up to date and sufficient for us to process your Order.   You will not assume any warranty, undertaking or obligation on our behalf without our prior written consent.  

9. PERSONAL INFORMATION AND PRIVACY POLICY

  When you purchase a product, we collect or receive your personal information or non-identifying information (Full details are set out in our privacy policy, available at https://www.the-g-lab.tech/fr/politique-de-confidentialite/). By making an offer to purchase a product, you accept and consent to our privacy policy, which we may update from time to time.  

10. CONTRIBUTION TO THE REP SECTOR

  Every year, our company contributes to financing the recycling of articles put on the market by paying a contribution to the eco-organizations corresponding to the different channels.   These identifiers attest to the company’s compliance with its registration obligations and the completion of its marketing declarations to :   Ecologic: FR002444_05FJLZ (WEEE)   Ecomobilier: FR002444_10TYSN   CITEO: FR002444_01VULY (packaging)  

11. MISCELLANEOUS

 

A. Applicable law

  You agree that the laws of France, without regard to principles of conflict of laws, will govern both these Terms of Sale and any dispute that may arise between you and The G-Lab in connection with your use of the Merchant Website and these Terms of Sale.  

B. Disputes

  If you are a consumer based in the European Union, you can lodge a complaint with a competent court in the country in which you reside.   Even if the merchant website does not offer delivery outside the EU, the law of the consumer’s country of residence outside the EU will automatically apply.  

C. Force majeure

  The G-Lab shall not be liable to you, nor held in breach of contract, for any loss or damage that may be suffered as a direct or indirect result of the prevention, hindrance or delay of The G-Lab’s performance by circumstances beyond The G-Lab’s reasonable control. Such circumstances include war, riot, civil disturbance, governmental action, explosion, fire, flood, storm, accident, strike, lock-out, trade or labor dispute, plant or machinery breakdown, interruption of power or material supply, and in such event, The G-Lab may elect to cancel your order and refund any payment made.  

D. Entire agreement

  You acknowledge that these Terms of Sale supersede and replace all prior agreements or understandings, whether oral or written, express or implied, between The G-Lab and you regarding your ability to purchase goods or services from The G-Lab merchant website. These terms of sale supersede all other terms contained in or referenced by other agreements between the parties or implied by trade, custom or course of dealing. Any terms or conditions purporting to the contrary are hereby excluded to the fullest extent permitted by law.  

E. Translation

  These General Terms and Conditions of Sale may be translated into any other language. However, in the event of any inconsistency between the French version and any translated version, the French version shall prevail at all times.  
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