AGB

Last Update: April 2023

The present website https://www.unistellar.com/ and its pages, the "Website", is operated by UNISTELLAR SAS, responsible of publication

Throughout the site, the terms "we", "us" and "our" "the company" refer to UNISTELLAR SAS, capital of 28 513 euros, having its registered address at 5, Allée Marcel Leclerc 13008 Marseille registered at the R.C.S. Marseille under number 812 339 356.

UNISTELLAR provides this website, including all information, tools and services available to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The website allows you to access to Unistellar products and services.

By visiting and using our website, you agree to be bound by the following Terms of Use including those additional terms and conditions and policies referenced herein and/or available by hyperlink:

This document contains important provisions concerning the rights and obligations of users. Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Think environment, print this page only if necessary.

We reserve the right to change these terms of use to reflect changes in our site. Each time you wish to use our site, please check these terms to ensure that you understand the terms that apply at that time. The last version mentioned shall prevail.

ARTICLE 1. Object

The purpose of this document is to define the terms of use of the Website, access to the site and its parts.

ARTICLE 2. Legal Identification

The present website is operated by UNISTELLAR SAS, a French Société par actions simplifiée (SAS) having its registered address at 5, Allée Marcel Leclerc 13008 Marseille registered at the R.C.S. Marseille under number 812 339 356 with capital of 28 513 euros, represented by its President, Mr Arnaud Malvache.

ARTICLE 3. Definitions

"Product": shall mean one of the Unistellar Smart Telescope and accessories provided by the Company through the Website.

"Website": shall mean the website operated by the Company in connection with the provision of the Products, available at the following URL address: https://www.unistellar.com/

"User": shall mean any person which uses and navigates on this Website.

ARTICLE 4. Changes to our Website

We may update our website from time to time and change its content at any time. However, please note that the content of our site may not be current and we are under no obligation to update it.

ARTICLE 5. Website Management and Operation

We endeavour to allow access to the site 24/24, 7/7 except in the event of force majeure or an event beyond the publisher’s control and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the site and services.

We cannot be held liable if it is impossible to access the site and/or use the Website and Service. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or modify all or part of our site without notice. We are not responsible for the unavailability of our site for any reason, at any time, or for any length of time.

While we make reasonable efforts to update the information on our site, we make no representations or warranties, express or implied, that the content on our site is accurate, complete or current.

ARTICLE 6. Conditions of access to the service

Our site is available for free. Some services require special conditions of use, which supplement or, in some cases, replace the present general conditions. When they exist, these conditions are accessible in the relevant sections. For instance, Purchase service may only be used by individuals who, in accordance with the law and regulations, have the capacity to enter into and be bound by a contract.

ARTICLE 7. Intellectual Property

7.1 Compliance with intellectual property rights

The Company shall remain the owner of all intellectual property rights that are used to operate the Website, and more generally, all elements reproduced or used on the Website are protected by intellectual property laws.

Any reproduction, representation, use or adaptation in any form whatsoever, of all or part of said elements without prior written consent of the Company, is strictly prohibited. The fact that the Company does not initiate proceedings upon becoming aware of the unauthorized use does not constitute acceptance of said uses or waiver of legal proceedings.

All trademarks and other intellectual property rights pertaining to any content of the Website (including information, text, images, copyright and designs and models) and the structure of the Website belong to the Company, or the Company has been granted the right to use them by the holder of said rights. No use of this content and the intellectual property rights relating thereto is permitted without prior express written consent of the Company thereto. All such rights are expressly reserved.

The Company is the owner of the right to operate the domain name: unistellar.com and the owner of the copyright regarding the content of the Website.

In addition, UNISTELLAR, eVscope, eQuinox, are registered trademark. As a result, any reproduction or imitation of these trademarks are strictly forbidden without the Company’s prior consent.

The User shall undertake to respect all of the intellectual property rights of The Company.

To do this and unless otherwise provided in these Terms of Use, Users are expressly forbidden to:

  • Sell, publish, display, disclose or make available to any third party the Website content made available by the Company;
  • Perform reverse engineering, decompiling or disassembling the Website content, except as expressly authorized by law;
  • Use or copy the Website content by any manner which is not expressly authorized by the Company;
  • Lease, lend or use the Website content with the objective of sharing it or making it available to third parties hereto;
  • Publish any test or analysis or evaluation of performance relative to the Website content without prior written permission;
  • Access the source codes of the software characterizing the Website;

The User shall undertake to immediately notify the Company of any infringement of intellectual property that it may notice.

7.2 Non-violation of Copyright – Copyright © – Links (owned by The Company or its Partners)

This Website respects copyright and related rights, hereinafter "copyrights". All copyrights of protected works that are reproduced and communicated on the present Website apply worldwide. All uses of works other than individual reproduction and private consultation are prohibited without permission.

Any breach of the present clause may result in a violation of copyright, trademark right, or other intellectual property rights thus exposing the User to civil and/or criminal sanctions.

ARTICLE 8. Privacy Policy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

ARTICLE 9. Limitation of liability

The material used by the User to visit and navigate through this Website is under its sole responsibility. To that purpose, the User must take all appropriate measures to protect his/her material and his/her Personal Data against any virus attacks on the Internet or any loss of data.

We are not responsible for the content of the websites linked to our site. The presence of such links should not be construed as our endorsement of the linked websites. We will not be held responsible for any loss or damage that may result from your use of such websites.

Please note that we make our site available for private and domestic use only. You agree not to use our site for any commercial or business purpose whatsoever, and we will not be liable to you in case of professional use, in particular for any loss of business or business opportunities.

The company does not promise that the site or any content, service or feature of the website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. The company cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features.

The company disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. The company disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the website and/or any the company services. The user assumes total responsibility for the use of the site and any linked sites. Your sole remedy against the company for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of these Terms of Use, tort, negligence or any other cause of action.

Except where prohibited by law, in no event will the Company be liable to the User for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damages

Various limitations and exclusions will apply to liability arising from our supply of products to you, which are set out in our Terms os Sale.

ARTICLE 10. Creating links to the Website

The editor authorizes the establishment of hypertext links to any page or document of its site.

Are excluded from this authorization the sites diffusing information with illicit character.

Finally, this site reserves the right to remove at any time a hyperlink pointing to it, if it considers it not in accordance with its editorial policy.

Whenever you use a feature that allows you to post or submit content to our site, you agree not to post any content that is contrary to the law.

We decline all responsibility for all content transmitted or posted on the Website, including any material or content transmitted or posted by a User on the Website, in a forum or as a comment on a blog. Once a message is posted that is illicit, contrary to law or morality, the site editor cannot be held responsible without having been notified of the presence of this message. From this notification, the editor is obliged and committed to act promptly to remove the contentious content.

Links and third-party resources on our site: where our site contain links to other sites and resources provided by third parties, these links are provided for information purposes only.

We have no control over the content of these sites or resources.

ARTICLE 11. Virus

We do not guarantee that our site will be secure or free of bugs or viruses.

It is your responsibility to configure your information technology, computer programs and platform to access our site. You must use your own anti-virus software.

You must not misuse our site by knowingly introducing viruses, Trojan horses, or other malicious or technologically harmful material. You must not attempt to access unauthorised access to our site, the server on which our site is hosted or any server, connected to our site. You must not attack our site. By breaching this provision, you may be committing a criminal offence. We will report any such violation to the appropriate law enforcement authorities. In the event of such a violation, your right to use our site will cease immediately.

ARTICLE 12. Severability

If any of the provisions of these Terms of Uses are cancelled in whole or in part, the validity of the remaining provisions of the Terms of Uses shall remain unaffected. In this case, the Parties shall, to the extent possible, replace the cancelled provision by a valid provision corresponding to the spirit and purpose of the Terms of Uses.

ARTICLE 13. Application Law – Disputes

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of France.

All disputes arising out of or relating to these Terms that cannot be resolved amicably between the Parties may be brought before a court of competent jurisdiction.

In accordance with Article L. 612-1 of the French Consumer Code, the consumer, subject to Article L.612.2 of the French Consumer Code, has the right to request an amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the professional.

Unistellar has designated, by membership registered under number 50881/VM/2304 the SAS Médiation Solution as an entity of mediation of consumption.

To seize the mediator, the consumer must formulate his request:

Regardless the way of application used, the request must imperatively contain:

  • The postal, telephone and electronic contact details of the applicant,
  • The name, address and registration number of the professional concerned at Sas Médiation Solution,
  • A brief statement of the facts. The consumer will specify to the mediator what he expects from this mediation and why,
  • A copy of the prior complaint,
  • all documents allowing the instruction of the request (purchase order, invoice, proof of payment, etc.)

Before filing a request for mediation, you must first send your complaint directly to Unistellar in writing at support@unistellaroptics.com or to the address of our head office.

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