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Terms of sale

TERMS AND CONDITIONS FOR THE ONLINE SALE OF UNISTELLAR PRODUCTS TO CUSTOMERS LOCATED IN EUROPE and the UK

Last Update Date: March 2024

These terms and conditions ("Terms") apply to the sale of products 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 (referred to as "us” or “Unistellar”) through unistellar.com and any of its sub-domains such as but not limited to , shop.eu.unistellar.com, shop.uk.unistellar.com, shop.jp.unistellar.com (the "Site") to customers (other than retailers and other resellers) whose shipping address as provided at check-out is in Europe or the United Kingdom (referred to as "you").

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT, (C) DO NOT HAVE THE LEGAL CAPACITY TO CONTRACT, OR (D) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

These Terms are subject to change by us without prior written notice at any time, in our sole discretion. Any changes to the Terms will be prospective only, and will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product that is available through this Site.

These Terms are in addition to the Website Terms of Use,that apply generally to the use of our Site as well as Privacy Policy , Shipping Policy, Return & Refund Policy that applies to any purchase made on the site which together form an indivisible entity.

Product Information

The products offered for sale are those listed on the Site, and in particular digital telescopes whose essential characteristics are set forth on the product pages of our website.


Goods Not for Resale or Export

You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export or any other use that would be strictly contrary to these Terms.

Price and Payment

The price of products will be as listed on our Site, in case of manifest error in the listed price. Inadvertent errors may occur despite our best efforts to ensure that all prices listed on the Site are accurate. If we detect a manifest error in the price of the product(s) you have ordered, we will promptly notify you and offer to either confirm your order at the correct price or cancel your order. If we are unable to contact you, the order will be considered cancelled and you will be refunded the full amount you have paid.

Listed prices include sales tax / VAT but exclude shipping and handling. Delivery charges are added to the price and appear separately in the order summary. Delivery costs vary according to the delivery method and the delivery address
We reserve the right to modify prices at any time. Price changes will not apply to orders that have already been placed, except as expressly provided above.

After you have selected all product(s) you wish to purchase, they will be added to your shopping cart. We will then proceed to process your order and you will be invited to make the payment. To do so, you must follow the instructions on the check-out page, providing or verifying the required information at each step.

During check-out, you can modify your order at any time before payment has been processed.

We accept payment by PayPal or by credit card (using the Stripe payment processing service) for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, and (iii) if applicable, charges incurred by you will be honoured by your credit card company.

You may be redirected to a third-party website for payment processing and should carefully follow all payment instructions on that third-party website.

Credit cards are subject to validity checks and authorization by the card issuer. If we do not receive the required payment authorization, no sales transaction will have been concluded and we will not be able to follow up on your request, the order having been unsuccessful.

Product Availability

Orders are not binding on us until we accept them. All orders are subject to Product availability. We reserve the right to remove any product from our Site at any time and to replace or change any content or information on the Site. While we will always make every effort to fulfill all orders, exceptional circumstances may arise, such as a manufacturing or inventory problem or a payment incident, which may require us to refuse to process an order after sending you an order confirmation. We reserve this right at all times. In this case, if payment has already been made, we will refund all amounts paid, including delivery charges, as soon as possible, using the same method of payment you used for the transaction. This refund will not involve any costs for you.

We shall not be liable to you or any third party for the removal of any product from the Site, the removal or alteration of any material or content contained therein, or the failure to process an order in any of the above circumstances.

Delivery

Subject availability of products referred to in section “Product Availability”, and except in exceptional circumstances, we will endeavour to deliver the product(s) you have purchased to you by the date indicated on your order confirmation.

However, delays may occur due to unforeseen circumstances or for reasons related to the delivery location.

If we are unable to meet the delivery date for any reason, we will inform you by e-mail.

At the time of delivery, if the product is damaged, you must refuse delivery and make a note of the damage(s) on the delivery receipt. By signing the delivery receipt without any precise reservation and accepting the product(s), you acknowledge having received the goods in an undamaged state.

For the purposes of the present Terms, "delivery" shall be deemed to have been made, or the order shall be deemed to have been "delivered", when you or a third party designated by you takes physical possession of the product(s), which shall be evidenced by the signing of the delivery receipt at the delivery address provided by you or by the delivery confirmation provided by the delivery company.

For more information please see our shipping policy and return & refund policy.

Transfer of title and risk

All risk in the Products, including risk of loss of the product(s) will transfer automatically to you upon delivery. Title to the product(s) will transfer to you when we have received payment in full or upon delivery, whichever is later.

Right of Withdrawal

We comply with European law, which imposes 14 days for the cancellation or return of your order. We are going further by offering all our customers a 30-day return policy, which means you have 30 days after having received your item to request a return.

During this period, you can return the undamaged products without having to justify your motives.

If you choose to exercise your right of withdrawal, you will bear the cost of returning the product.

The product must be returned to us in its original packaging, in perfect condition, and accompanied by the purchase invoice within 15 days of your notification to Unistellar of your decision to withdraw.

Damaged products will not be accepted. It is your responsibility to check the condition of the product upon receipt. In case of damaged products received, it is necessary to follow the procedure described in the article "Limited Product Warranty".

The right of withdrawal can be exercised by email to the following address: support@unistellaroptics.com, in which case an acknowledgment of receipt will be immediately sent to you; or by any other unambiguous statement expressing your desire to withdraw.

If you decide to withdraw, we will refund all amounts paid, including the cost of delivery to the original place of delivery (with the exception of additional costs related to the choice of a delivery method other than the standard, least expensive delivery method offered by us), as soon as possible and, in any case, within approximately 2 to 3 business days of our receipt of your merchandise. The method of refund will be the same as the method of payment you used for the initial transaction. Notwithstanding the above, we may defer issuing the refund until we have received the returned products or you have provided us with proof of return, whichever is earlier.

Limited product warranty. Limitation of liability.

(a) When you purchase a new product, we warrant the product against defects in materials and workmanship under ordinary consumer use for two years from the date of original retail purchase. During this warranty period, if a defect arises in the product, and you follow the instructions for returning the product, we will at our option, to the extent permitted by law, either (i) repair the product using either new or refurbished parts, (ii) replace the product with a new or refurbished product that is equivalent to the product to be replaced, or (iii) propose you a product of the superior range by paying the difference between the two articles. This limited warranty applies, to the extent permitted by law, to any repair, replacement part or replacement device for the remainder of the original warranty period. If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. In the specific case where the consumer chooses to have the product repaired but this is not implemented because of Unistellar, the consumer will benefit from a new period of legal guarantee of conformity attached to the replaced product that is two years for a new product and one year for a second-hand product. In the interest of more responsible consumption, we encourage our customers to always choose the repair of a good rather than its replacement. All replaced parts shall become our property. In certain circumstances listed below, the Warranty does not apply. This limited warranty applies only to hardware components of the product that have not been subject to accident, misuse, neglect, fire or damage from other external causes, alteration, repair, or commercial use.

Warranty will not apply if the damage is due to manipulation, inappropriate use, alteration, or in case of disassembly or attempted disassembly of the product or its parts unless expressly authorized by Unistellar.

Warranty will not apply in case of :

  • Normal wear and tear of components or parts that may wear out over time (such as the battery)
  • Accidental damage
  • Damage caused by failure to follow the Product's maintenance recommendations.

(b) Instructions. If you purchased your product from an authorized reseller, please contact the reseller for information on how to obtain warranty service for your product. If you purchased your product through our Site, please contact our Customer Service at support@unistellaroptics.com. In general, you will need to send us your product in either its original packaging or in an equally protective packaging provided by us to the address that will be provided to you.

Limitations. TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, AND WE SPECIFICALLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IF YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. WE ARE NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY. IN SOME JURISDICTIONS THE FOREGOING LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU IF YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW SUCH EXCLUSIONS OR LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU IF YOU RESIDE IN A JURISDICTION THAT DOES NOT ALLOW SUCH EXCLUSIONS OR LIMITATIONS.

This limited warranty gives you specific rights. You may have additional rights under applicable law, and this limited warranty does not affect such rights.

(c) LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT(S) THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

The limitation of liability set forth above shall (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or wilful misconduct and (B) death or bodily injury resulting from our acts or omissions.

Privacy

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.

Archiving and Access to Your Contract

Your purchase order is archived on our server during the legal retention period, and you can request a copy of your purchase order and the corresponding contract at any time by writing to the following email address: support@unistellaroptics.com.

Force Majeure

A Party shall not be responsible, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond that Party’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Assignment

You may not assign, transfer, or otherwise convey the present contract or any of your rights or obligations under it without our prior written consent.

We may assign, transfer or otherwise convey this contract or any of our rights or obligations under it at any time. For the avoidance of doubt, such assignment, transfer or conveyance shall be without prejudice to your statutory rights, if any, as a consumer and shall not limit, restrict or exclude any express or implied warranties that we may have given you.

Intellectual Property

All copyright, trademark and other intellectual property rights in all information or contents on our Site shall at all times be owned by us or our licensors. You may only use such information to the extent that you are expressly authorized to do so by us or our licensors. You may use this Site to copy information necessary for your order or your identifying information.

Communications in Writing, Notifications

Under applicable law, we are required to send you certain information or communications in writing. By using this Site, you agree that your communication with us will be primarily electronic. We will contact you by e-mail or inform you through alerts posted on the Site, subject to the processing of your data in accordance with the "Personal Data" section and our "Privacy Policy" For contractual purposes, you consent to the use of these electronic means of communication and agree that all contracts, announcements, information and other messages we send to you electronically comply with legal requirements that such communications be in writing.

Notice shall be considered to have been sent and received at the time they are posted on our Site, 24 hours after an email is sent. In the case of an e-mail, proof of delivery of a notice shall be sufficient by showing that the e-mail was sent to the e-mail address provided by the recipient.

General Provisions

Any delay or failure by us to assert or exercise any of our rights under the present Terms shall not operate or be construed as a waiver thereof. Any amendment to the present Terms requires our express, written consent.

If any clause or provision of these Terms is deemed invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other clause or provision of these Terms or invalidate or render unenforceable such clause or provision in any other jurisdiction.

The Terms are written in French. Any translated version is provided solely for your convenience. To the extent any translated version of the Terms conflicts with the French version, the French version prevails.

Choice of Law and Dispute Resolution

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of France without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those 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.