Terms and Conditions for the sale of SHOP products www.windspots.com

All profits earned from the sale of items in the shop are exclusively for the financing of Windspots websites, for the improvement and maintenance of existing weather stations.

Article 1: Fields of application and modification of the general conditions of sale

These general conditions of sale apply to the relationship between Windspots Sàrl and any person placing an order on the shop of the website of www. Windspots.com (hereinafter: the "Customer" or the "Customers").

Windspots Sàrl reserves the right to adapt or modify at any time the General Conditions of Sale, which will be immediately applicable to any new order.
At each order, the Customer must confirm having read and accept the General Terms and Conditions of Sale. The latter apply to any order placed by the Customer (hereinafter: the "Order"). Any special conditions mentioned on the Internet site (s) operated by Windspots Sàrl (hereinafter referred to as the "Website" or "Websites") according to the displayed products form an integral part of the General Terms and Conditions. In case of discrepancy between the special conditions and the General Conditions, the special conditions prevail.

Article 2: Marketing products mentioned on the shop and orders of the Clients

The products visible on the shop of www.windspots.com and the state of the stocks of the displayed product are listed purely Indicative and do not constitute offers from Windspots Sàrl. In particular, the photos on the Website are not contractual.

All information provided on the shop www.windspots.com (product descriptions, illustrations and photos, films, dimensions , Weight, technical specifications, accessories and other data) are provided for information purposes only and are not in any way a formal warranty of these characteristics.

On the basis of this non-contractual information, the Customer may place an order for the displayed product (s), exclusively through the procedure provided by the Website and respecting the ordering methods provided on the Website.

Any Order, once finalized according to the order process available on the Website, constitutes an offer by the Customer to purchase the product displayed on the Website, under the conditions indicated on the Website.

For each Order, the Customer must indicate an e-mail address on which all communications from Windspots Sàrl in connection with the Order will be sent. It is the Customer's responsibility to maintain this address in force and to take note of the emails sent by Windspots Sàrl. Any communication sent by Windspots Sàrl to the email address indicated by the Customer will be considered as received by the Customer the day after the shipment. The risks of transmission and forwarding are assumed by the Client.
The Customer may notify Windspots Sàrl within 24 hours of the date of the order of any change of delivery address. The latter will however only be taken into account to the extent that the Order has not yet been sent to the Client. Failure to do so will entitle the Customer to take the appropriate measures to receive the Order at the delivery address indicated at the time of the Order.

Article 3: Advertising Subscription Products at www.windspots.com

Subscriptions on sale in the shop give you access to all the features of the site pro.windposts.com without the advertisements. They provide financial support for the website and maintenance of existing weather stations. Other offers or services during the year may be offered exclusively to subscribers.

The subscription contract, concluded by the acceptance of a subscription offer, is effective for the period indicated in the offer.

Termination can not occur during the subscription period.
Subscription renewal is not automatic. The subscriber will be notified before the end of his subscription period by a message and, if he wishes to extend the subscription, will have to acquire a new subscription by the VIP Windspots shop.

Article 4: Validation of orders - firm and non-cancellable orders

To place an Order, the Customer must be of age (18 years of age) and not be under guardianship or curatorship. The Customer ensures that all the information transmitted is in conformity with reality and accordingly responds to Windspots Sàrl for any damage related to inaccurate information.

The Order placed by the Customer in accordance with article 2 above constitutes a firm and definitive offer to buy the product indicated as available on the Website. Once finalized by the Customer, this order can not be withdrawn until the Customer receives the decision of acceptance or refusal of Windspots Sàrl.
Windspots Sàrl will be free to accept or refuse any order from a Customer without specifying the reasons. Windspots Sàrl will communicate its decision of acceptance by an e-mail sent to the address indicated by the Customer in his Order (confirmation of order).

Article 5: Price

Windspots Sàrl reserves the right to modify its prices at any time, but undertakes to apply the rates displayed at the time of the Order.
Prices shown are in Swiss francs and Euros and include all taxes. The Customer shall also pay the delivery charges, which are indicated on the order form.

Article 6: Pre-payment and security

The customer's offer to order a product from Windspots Sàrl involves prepayment of the amount of the Order and charges by credit card or postal card (Visa, Mastercard, PayPal and Postcard direct debit only).

Payment of the advance is made on the secure banking or postal servers of the partners of Windspots Sàrl, as proposed on the Website. This implies that no banking or postal information concerning the Client is transmitted via the Windspots Sàrl sites. Payment by credit card or postal card is therefore perfectly secure.

The order will be registered and validated upon acceptance of payment by the payment system chosen by the Customer. His Order will be validated and his card debited at the time of registration of the Order automatically.

The Client must imperatively fill the registration form which is proposed on the Website, before being able to validate an order. The Customer's credit card or Postcard information is encrypted using the Secure Socket Layer (SSL) protocol and is never transmitted over the network. Payment of the advance is made directly to the bank or the Post Office. The card number is not sent to Windspots Sàrl.
The risk of a malfunction of the payment system is borne by the Customer.

Article 7: Methods of delivery and delivery time

The products are delivered to the delivery address indicated by the Customer in the Order. The risks associated with sending the goods to the Customer (risk of loss, destruction, wrong delivery address, etc.) are borne by the Customer upon delivery by Windspots Sàrl of the goods to the carrier designated by Windspots Sàrl. In the event of an error in the name of the addressee, Windspots Sàrl can not be held responsible for the impossibility of delivering the product.

The costs incurred in returning an unclaimed parcel and in returning it to the customer shall be borne by the Customer. Before any redirection, Windspots Sàrl may ask the Customer to pay the charges in advance.

In the case of an unclaimed parcel, Windspots Sàrl can not be held responsible, even if La Poste does not file a notice of transit. The costs of return and the risks inherent in this transport are at the Customer's expense.

In case of return of the parcel to the premises of Windspots Sàrl due to an impossibility of delivery of this last (delayed postal exceeded, wrong address recipient, ... etc), the Client is automatically informed by an email sent to the email address Indicated in the Order. Without further notice from the Customer within 3 months of sending the mail, Windspots Sàrl reserves the right to cancel the order. In such a case, Windspots Sàrl is released from its obligation to deliver the goods and the advance paid by the Customer to Windspots Sàrl at the time of its order will be retained by Windspots Sàrl as a conventional damages for the balance of all Account and any claim to the Order under consideration.

The costs of preparation and dispatch are always clearly indicated during the Order. The delivery is made in signature packages, by the postal services or by one of the freight forwarders chosen by Windspots Sàrl.

All items available are shipped within 10 working days (weekends and holidays are excluded). The deadlines indicated are average delays and correspond to the processing, preparation and dispatch times of any Order (exit warehouses).

In the event that Windspots Sàrl is unable to deliver the ordered goods within 30 days, the Customer may cancel the Order by e-mail or by letter addressed to Windspots Sàll customer service mentioning the Order's references. This cancellation will be taken into account only if it reaches Windspots Sàrl 24 hours before delivery of the goods ordered to the carrier designated by Windspots Sàrl. Failing this, the order can not be canceled. Cancellation must also be received by Windspots Sàrl within 40 days of the order.

In case of cancellation valid, the advance paid by the Customer to the Order will be refunded to him for balance of all accounts and all pretensions. The Customer can not in any way claim from Windspots Sàrl additional damages, its claims being limited solely to the full restitution of the advance paid.

Windspots Sàrl is also entitled to cancel an order even without the need to indicate the reasons to the Client. In such a case, the Customer's claims with respect to Windspots Sàrl are limited to the return of the advance paid, excluding any damages.

Upon receipt of the Order by the Customer, the Customer must proceed to the immediate inspection of the delivered goods.
To identify the apparent defects (defect to the packaging, product delivered not corresponding to the ordered product, any missing products, etc ...), the Customer must verify the conformity of the delivered goods before signing the delivery note of the carrier. He must, if necessary, indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any apparent anomaly concerning the delivery (eg damaged product, other delivered product, etc.). Such verification shall be deemed to have been carried out, provided that the Client or any other person signing the delivery note has not made any reservation on the voucher.

Article 8: Responsibilities

Windspots Sàrl is liable only for direct damage which the customer proves is caused by serious misconduct of the company or a third party. Any liability for slight negligence or negligence is excluded.

In the event of liability of Windspots Sàrl, the latter is limited to the price of the product delivered or the service provided. Any further liability of Windspots Sàrl, its auxiliaries or third parties authorized by it for damages of any kind is excluded. In particular, the Customer has no claim to compensation for damage that does not affect the product itself.

The choice and the purchase of a product or a service are placed under the sole responsibility of the Customer. The total or partial inability to use the products, in particular because of the incompatibility of the equipment, can not give rise to any compensation, reimbursement or questioning of the liability of Windspots Sàrl.
In any case, any claim for damages will be limited to the maximum amount corresponding to the price paid by the Customer at the time of its Order.

Article 9: Return Procedure - Warranty - Limitation of Warranty

The Guarantee for hidden defects in the sale of a private weather station is limited to a maximum of 12 months (from the date of installation of the station). Beyond this period, Windspots Sàrl will not accept any claim.

The warranties of Windspots Sàrl will not be taken into account in the following cases:

• Faults resulting from the modification of the construction and the original characteristics of the appliance;
• Failures affecting parts not conforming to those recommended by Windspots;
• Failure to follow Windspots instructions and uses for commercial purposes;
• Repairs and damage to the appliance after repair by anyone other than a Windspots Authorized Service Provider;
• Provisional or temporary repairs as well as the consequences of the resulting increase in damage;
• Damage due to extreme climatic conditions, such as lightning, frost, wind, high heat, etc.
• Damage due to corrosion, improper connection, shock, fall, moisture or other use not in accordance with the Windspots regulations;
• Damage due to a power supply problem is to be understood as a problem of power supply, not a problem of supply internal to the product, but external to it. If, for example, a connection to a defective outlet, the warranty will not apply.
• The damage due to a bad handling of the customer (fall, etc ...)

Before returning a product purchased due to defects or non-conformities covered by Windspots Sàrl's warranty, Customer must first contact Windspots Sàrl Customer Service within 3 days of discovering the defect and Obtaining from said service a return number (RMA) and indications on the procedure to be followed for the return.

For defective products returned by the Client in accordance with the procedure provided for in this chapter, the obligations of Windspots Sàrl are limited to the exclusive choice of Windspots Sàrl:

• Or to have the product repaired at its expense within a reasonable time;
• Either to replace the product by standard exchange or by the supply of an equivalent product;
• Or refund to the Customer the amount paid at the time of the order.

Article 10: Manufacturer's guarantee for the marketing articles of the shop

When the product has a manufacturer's warranty, it is indicated on the material sheet on the site. It is the Client's responsibility to inquire about the scope of the manufacturer's warranty.

In the event of a warranty defect during the manufacturer's warranty period, the customer may return the product to us if we have informed Windspots Sàrl and obtained an RMA.
In order to benefit from the product warranty it is imperative to keep the purchase invoice for the product.

Article 11: Obligations of the Customer

The Customer agrees to use the product purchased according to the manufacturer's instructions or Windspots as well as to ensure necessary maintenance and recommended by the manufacturer to ensure its proper functioning.
The Customer must retain the invoice for the product purchased. The latter may be requested for warranty repair.

Article 12: Company details

Windspots Sàrl

36, rue du XXXI-Décembre

CH – 1204 Genève

shop@windspots.com

To contact Customer Service, the Customer has two options:

• By e-mail at shop@windspots.com
• By post (Please do not return any parcel without request or prior agreement):

Attention: In order to optimize the processing of the requests of each Customer, please specify in the subject of the message the mention "Service Clients" and the subject of your mail.

Article 13: Applicable law and jurisdiction

This contract, as well as the sales organized by Windspots Sàrl, are governed by Swiss law. In case of dispute, the place of jurisdiction is Geneva exclusively, the remedies being reserved.

Article 14: Original text

The general conditions of sale Windspots Sàrl are written in French and German. In case of contradiction, the French version is authoritative.

eneva, March 2014