Terms of sale
General Terms and Conditions of Sale and Use
applicable to the FAIR recording device and its accessories
ARTICLE 1 - Scope of application
These General Terms and Conditions of Sale and Use apply, without restriction or reservation, to all sales concluded by FAIR VISION SAS with buyers wishing to purchase the products offered for sale by FAIR VISION on its website https://fair.fairvision.fr/, namely the FAIR automatic camera, its mobile application, published by FAIR VISION SAS, available free of charge on app stores (Play Store and App Store) and all related accessories.
These General Terms and Conditions of Sale and Use are accessible at any time on the website and shall prevail, where applicable, over any other version or any conflicting document. Unless proven otherwise, the data recorded by FAIR VISION SAS shall constitute proof of all transactions.
Product offers are valid while stocks last. Information on product availability is provided at the time the order is placed.
Any amendments to these General Terms and Conditions of Sale and Use shall be enforceable against website users from the moment they are published online and shall not apply to transactions concluded previously.
Validation of the order by the buyer constitutes unconditional acceptance of these General Terms and Conditions of Sale and Use. Use of the Application by the buyer or by any third party to whom use of the FAIR device is entrusted automatically implies unconditional acceptance of these terms and conditions.
ARTICLE 2 - Orders
It is the Customer’s responsibility to select on the website the products they wish to order, in accordance with the following procedures:
Selection of the product offered by FAIR VISION
Confirmation of the selected product
Selection of the payment method
Secure online payment, constituting acceptance of the terms and conditions of sale
ARTICLE 3 - Prices
The products are supplied at the prices in force shown on the website at the time the order is registered by FAIR VISION. Prices are expressed in Euros, excluding VAT and including VAT, depending on the delivery arrangements of the contractual product.
For deliveries outside the EU, customs duties and local taxes are not always included in the amount you pay when making a purchase on our online store. If duties and taxes apply, they will be charged directly to you by the carrier upon delivery.
These prices are firm and non-revisable during their period of validity, as indicated on the website of FAIR VISION SAS. They include processing costs. Shipping, transport and delivery costs are explicitly detailed during product selection.
An invoice is issued by FAIR VISION SAS and provided to the Buyer after payment of the order, either sent by email or enclosed with the parcel.
ARTICLE 4 - Payment terms
The price is payable in full at the time the order is placed by the Buyer.
FAIR VISION SAS shall not be required to deliver the products or services ordered by the Buyer if the Buyer does not pay the full price under the conditions set out above.
Furthermore, FAIR VISION SAS reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel delivery of the Buyer’s current orders.
ARTICLE 5 - Deliveries
The products purchased by the Buyer shall be delivered within a reasonable time to the address provided by the Buyer when placing the order on the website. Unless there are special circumstances or the unavailability of one or more products, the ordered products shall be delivered in a single shipment. Deliveries are carried out by an independent carrier.
However, delivery times are provided for information purposes only, and any delay shall not give rise to any damages, withholding, or cancellation of the order by the Buyer. However, if the ordered products have not been delivered within 1 month after the indicative delivery date, for any reason other than force majeure, the sale may be cancelled upon written request by the Buyer or the Seller. The sums paid by the Buyer shall then be refunded without delay, excluding any compensation or deduction.
For professionals, delivery is deemed completed as soon as the ordered products are handed over by FAIR VISION SAS to the carrier, once the sold goods have been accepted without reservation by said carrier. The Buyer therefore acknowledges that it is the carrier’s responsibility to perform the delivery and has no warranty claim against FAIR VISION SAS. For consumers, delivery is deemed completed upon physical handover of the product to the Buyer.
Upon receipt, the Buyer must verify the contents of the parcel and the proper functioning of the delivered contractual products. The Buyer has a period of 7 calendar days from delivery to report an issue and submit, by registered letter with acknowledgment of receipt, any reservations or claims relating to non-conformity or apparent defects in the delivered products, together with all relevant supporting evidence (photos, packing list, etc.). This period only concerns defects apparent upon delivery and does not affect statutory warranties. After this period, and failing compliance with these formalities, the products shall be deemed compliant and free from any apparent defects, and no claim, other than one relating to a possible warranty call, may validly be accepted by FAIR VISION SAS.
FAIR VISION shall replace or refund, at its discretion, as soon as possible and at its own expense, the delivered products whose apparent defects or lack of conformity have been duly proven by the Buyer upon receipt of the defective item by FAIR VISION SAS.
ARTICLE 6 - Transfer of ownership - Transfer of risks
Ownership of the products shall transfer to the Buyer upon full payment of the price.
6.1 Sale to a consumer (B2C)
In accordance with the provisions of Article L.216-4 of the French Consumer Code, the risk of loss of or damage to the products is transferred when the consumer Buyer (an individual), or a third party designated by them other than the carrier, physically takes possession of the products.
Where the Buyer entrusts delivery to a carrier other than the one proposed by FAIR VISION SAS, the transfer of risk shall take place when the products are handed over to the carrier chosen by the Buyer.
6.2 Sale to a professional (B2B)
For sales concluded with professionals, legal entities (associations under the French 1901 law, sports clubs, sports associations, federations, companies) or a natural person acting in the course of their professional activity, the risk of loss of and damage to the products passes as soon as the products are handed over to the carrier by FAIR VISION SAS. The products therefore travel at the Buyer’s sole risk, and the Buyer must exercise any possible recourse directly against the carrier in accordance with the applicable legal and regulatory provisions.
Unless otherwise stipulated, sales to professionals are deemed concluded under the Incoterm EXW – Ex Works, as defined by the Incoterms® rules of the International Chamber of Commerce.
ARTICLE 7 - Right of withdrawal
The final Buyer purchasing from FAIR VISION has a period of 14 days from delivery of the products to return them to FAIR VISION SAS for exchange or refund, provided that the products are returned in their original packaging and in perfect condition within 14 days after delivery. Damaged, soiled or incomplete items will not be accepted. Opened consumables may not be returned.
Outbound and return shipping costs remain the exclusive responsibility of the Buyer.
Returned products must be accompanied by a return number issued by FAIR VISION via the contact form on its website or by any other means of communication, together with the invoice and the carrier’s proof of delivery.
The exchange (subject to availability) or refund will be made within 30 days from receipt, by FAIR VISION SAS, of the items returned by the Buyer.
This return and customer satisfaction policy applies to all consumers wherever they are in the world, without prejudice to compliance with European regulations for our customers in the European Union.
ARTICLE 8 - Seller’s liability - Warranty
The products supplied by FAIR VISION SAS benefit, in accordance with statutory provisions,
from a 2-year statutory warranty of conformity, and against hidden defects arising from a defect in materials, design or manufacture affecting the delivered products and rendering them unfit for use,
from the manufacturer’s warranty, depending on the relevant products and brands.
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as well as in the event of normal wear and tear, accident or force majeure, and FAIR VISION SAS’s warranty is limited to replacement or reimbursement of non-compliant or defective products.
In order to assert their rights and during the warranty period, the Buyer must, failing which they shall be barred from any related action, inform FAIR VISION SAS, in writing, of the existence of the defects within a maximum period of 7 days from their discovery.
After an initial diagnosis carried out remotely (by telephone, email or any other means of communication), FAIR VISION SAS will replace or arrange for the repair of products or parts under warranty deemed defective. The products sold on the website comply with the regulations in force in France. FAIR VISION SAS shall not be held liable in the event of non-compliance with the legislation of the country in which the products are delivered, which it is the Buyer’s responsibility to verify.
The photographs and illustrations accompanying the products on the website are not contractually binding and shall therefore not engage the liability of FAIR VISION SAS.
The Buyer is solely responsible for the choice of products, their storage and their use.
FAIR VISION SAS shall not be considered liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by French case law or by the case law of the place of delivery.
FAIR VISION SAS shall not be held liable for any defect or anomaly in products manufactured by a third party and sold on its website. It is the Buyer’s responsibility to turn to the manufacturer of said product. FAIR VISION SAS may, where appropriate, provide the Buyer with all the information in its possession to enable them to contact the manufacturer.
ARTICLE 9 – Technical characteristics, prerequisites and limitation of liability
The FAIR recording device is a connected electronic device requiring:
A proper level of charge in accordance with the recommendations of the operating manual
A stable and interference-free local network environment
Compliance with the installation and use conditions specified in the technical documentation, in particular compliance with capture distances, the proper positioning of the camera in order to avoid overexposure, proper installation of the tripod in order to avoid movements caused by weather conditions, storage of the equipment in an appropriate place sheltered from bad weather and extreme temperature variations, etc.
The buyer acknowledges having been informed of the essential characteristics of the product, in particular:
Video resolution
Software compatibility;
The terms of access to the associated digital services
The conditions for hosting and storing data in the camera
FAIR VISION SAS shall not be held liable in the event of improper use of the device by the Buyer or by any third party or for any malfunction resulting from:
Installation not compliant with technical recommendations
Insufficient internet connection regardless of the means used (Wi-Fi, 4G/5G, etc.)
Incorrect entry of the streaming site URL
An unsuitable network environment or one polluted by other networks
For sales concluded with professionals, the total liability of FAIR VISION SAS, for all causes combined, is limited to the total amount paid by the customer for the relevant order.
In no event shall FAIR VISION SAS be held liable for indirect damage such as:
loss of business operations
loss of turnover
loss of data
damage to image or reputation
This limitation shall not apply to mandatory statutory provisions relating to warranties applicable to consumers.
ARTICLE 10 – Use of the device and liability relating to captured content
The FAIR recording device allows the capture, recording and broadcasting of images and videos. Access to the Application, for its part, requires:
A compatible mobile device (iOS or Android)
An internet connection
Creation of a user account
The user is responsible for keeping their login credentials confidential.
The application allows, among other things, the user to:
Connect to a FAIR camera via Bluetooth and Wi-Fi
Control video recordings
View and download recorded videos
Calibrate the camera
The user undertakes to:
Use the Application in accordance with its intended purpose
Not attempt to circumvent security measures
Not use the Application for unlawful purposes
The Buyer and, where applicable, the user of the device are solely responsible for the use made of the equipment and the captured content. In this respect, the Buyer undertakes to comply with all applicable laws and regulations, in particular those relating to:
the image rights of filmed persons
the protection of personal data
the protection of minors
the rules applicable in sports venues or filmed events
The User acknowledges that it is their responsibility to obtain all authorizations necessary for the capture and broadcasting of images, in particular from the persons concerned or their legal representatives when minors are involved.
FAIR VISION SAS acts exclusively as a supplier of the technical device and shall not be held liable for:
the content of the captured or broadcast images
the use made of the device
any infringement of third-party rights resulting from the use of the device
ARTICLE 11 – Proper use of the device
The Buyer undertakes to use the FAIR device in accordance with the laws and regulations in force.
In particular, it is prohibited to use the device to:
carry out illegal surveillance
infringe the privacy of third parties
capture or broadcast images in violation of the rights of the persons filmed
carry out any activity contrary to applicable laws
Any use of the device contrary to regulations falls under the exclusive responsibility of the user.
ARTICLE 12 – Video data and ownership of captured content
The images, videos and content captured using the FAIR device remain the exclusive property of the Buyer or the user of the device, subject to third-party rights and the authorizations required for their capture and broadcasting.
FAIR VISION SAS acquires no ownership rights over content captured by the Buyer.
Where content is stored, processed or transmitted via digital services associated with the FAIR device, FAIR VISION SAS acts solely as a technical service provider enabling access to, storage of, or broadcasting of the content.
The Buyer remains solely responsible for:
the content of the captured images
their broadcasting
compliance with third-party rights
FAIR VISION SAS carries out no prior editorial control of content captured or broadcast via the device.
ARTICLE 13 – Online broadcasting and streaming
The FAIR device may enable the online broadcasting of video content via streaming services or broadcasting platforms. FAIR VISION SAS provides only a technical device enabling the capture and transmission of video streams.
The quality and continuity of broadcasting may depend on several external factors, in particular:
the quality of the internet connection
the performance of telecommunications infrastructures
the third-party broadcasting services used
Accordingly, FAIR VISION SAS does not guarantee:
the absence of interruption of the video stream
the continuity of the broadcasting service
the quality of broadcasting where it depends on third-party services
FAIR VISION SAS shall not be held liable in the event of interruption, degradation or unavailability of broadcasting resulting from factors beyond its control.
ARTICLE 14 – Associated digital services
The FAIR device may be associated with digital services, in particular via the mobile application or any interface enabling broadcasting or viewing of content.
FAIR VISION SAS undertakes to use all reasonable means to ensure the availability of the services.
However, FAIR VISION SAS does not guarantee continuous and uninterrupted availability of the services.
The services may be temporarily interrupted, in particular in the event of:
maintenance
updates
technical improvements
failure of the internet network or telecommunications infrastructures
Such interruptions shall not give rise to any compensation.
ARTICLE 15 – Updates and developments of the device
FAIR VISION SAS may be required to offer or deploy updates to the software or application associated with the FAIR device.
Such updates may notably concern:
the correction of anomalies
the improvement of performance
the evolution of functionalities
the strengthening of security
The Buyer acknowledges that certain updates may modify certain features of the device without altering its essential purpose.
FAIR VISION SAS shall not be held liable for any malfunction resulting from refusal to install an update necessary for the proper functioning of the system.
ARTICLE 16 - Intellectual property
The content of the website and all elements making up the Application (logos, texts, images, videos, software, etc.) are the property of FAIR VISION SAS and its partners. They are protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
ARTICLE 17 - Applicable law - Language
By express agreement between the parties, this contract is governed by and subject to French law.
It is drafted in French. In the event that it is translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 18 - Disputes
Any disputes to which this contract may give rise, concerning both its validity, interpretation, performance, termination, consequences and aftermath, shall be submitted to the competent courts under ordinary law conditions. In the event of a dispute with professionals and/or traders, the courts of NICE (FRANCE) shall have jurisdiction.
ARTICLE 19 – Consumer mediation
In accordance with Articles L.612-1 et seq. of the French Consumer Code, the Buyer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute with FAIR VISION SAS (for example, CM2C 49 Rue de Ponthieu 75008 Paris https://www.cm2c.net/).
The consumer may also submit a complaint via the European online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/
ARTICLE 20 – Protection of personal data
As part of the sale of products and the use of associated services, FAIR VISION SAS may collect and process certain personal data relating to the Buyer and/or the User.
Such processing is carried out in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and applicable French legislation.
The data collected is necessary in particular for:
the processing of orders
the management of the user account
access to the services associated with the device
the issuing of invoices
the improvement of our services
anonymized statistical analysis
The data is retained for the period strictly necessary for the purposes pursued.
The Buyer and/or the User has the following rights:
right of access
right to rectification
right to erasure
right to restriction of processing
right to object
right to data portability.
These rights may be exercised by sending a request to the following address: info@fairvision.fr
Full details of data processing are set out in the Privacy Policy available on the FAIR VISION SAS website.
The Buyer may also lodge a complaint with the CNIL.
ARTICLE 21 – Amendment of the General Terms and Conditions of Sale and Use
FAIR VISION SAS reserves the right to amend these General Terms and Conditions of Sale and Use at any time, in particular in order to:
take into account legislative or regulatory developments
adapt the contractual terms to the technical developments of the FAIR device and associated digital services
improve or clarify certain contractual provisions
The applicable General Terms and Conditions of Sale and Use are those in force on the date the order is placed by the Buyer. Any amendments made to these General Terms and Conditions of Sale and Use shall not apply to orders concluded prior to their publication online on the FAIR VISION SAS website.
ARTICLE 22 - Acceptance by the Buyer and/or the user
The fact that any natural or legal person places an order on the FAIR VISION SAS website constitutes full and complete adherence to and acceptance of these General Terms and Conditions of Sale and Use, which is expressly acknowledged by the Buyer and/or the user, who waives, in particular, the right to rely on any conflicting document, which shall be unenforceable against FAIR VISION SAS.
"In the event of any discrepancy between the language versions, the French version shall prevail."