TERMS AND CONDITIONS OF SALE

Knowlepsy Wearable Digital Device

ARTICLE 1: SCOPE OF APPLICATION

1.1 KNOWLEPSY LDA (Hereinafter the “Company”) provides its customers with a digital consumer health device that forecasts and detects epilepsy seizures (Herein after the “Knowlepsy Digital Wearable Device”) from its catalog in accordance with these General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) on its online site https://www.knowlepsy.com (hereinafter referred to as the “Site”). 

1.2 These GTCS automatically apply between the Company and its purchasing customers (Hereinafter the “Buyer(s)”. Any order for the Knowlepsy Digital Wearable Device by the Buyer on the Site implies the unreserved and full acceptance of these GTCS.

1.3 These GTCS involve the full acceptance of the Knowlepsy Digital Wearable Device General Terms and Conditions of Use available following this [Https://knowlepsy.com/legal mention/] and the Personal Data Policy available following this [Https://knowlepsy.com/legal mention/].

ARTICLE 2: DISCLAIMER

2.1 The sole obligation of the Company is to supply the Knowlepsy Digital Wearable Device ordered through its Site in accordance with these GTCS and the General Terms and Conditions of Use available following this [Https://knowlepsy.com/legal mention/].

2.2 The Buyer also undertakes to request and study the necessary technical documentation, if applicable available on the manufacturer’s site available following this [Https://knowlepsy.com/legal mention/]. 

ARTICLE 3: ACCOUNT OPENING

3.1 Any Buyer must, prior to placing an order, request the opening of a customer account on the Company’s Site and duly fill in the relevant form. Once approved by the Company, the Buyer account will be opened, and a username and password will be assigned to the Buyer (which can be changed at any time). The Buyer will place an order through their customer account to purchase the Knowlepsy Digital Wearable Device. 

3.2 The customer is authorized to close his customer account at any time by making a request on the Site.

ARTICLE 4: ORDERS

4.1 The Buyer places firm orders through the online ordering system on the Site for the Knowlepsy Digital Wearable Device and an order confirmation is provided subsequently to the Buyer. Orders must be paid in advance, and a payment receipt will be immediately provided to the Buyer upon payment of the Knowlepsy Digital Wearable Device. An order for which the price has not been fully paid will be automatically canceled.

4.2 The ordering system provided by the Company is provided without any warranty of quality, performance, satisfaction of quality, non-infringement, merchantability, ownership rights, or fitness for a particular purpose. The Company does not guarantee that the ordering system will function without error or be free from non-technical defects, operate without interruption, be free from viruses, or that the Company will be able to correct any non-technical errors or defects.

ARTICLE 5: DELIVERIES

5.1 Delivery times are indicated by the Company online at the moment of purchasing the the Knowlepsy Digital Wearable Device. These times are indicative and provisional and may differ from a geographic area to another one. Under no circumstances shall a delivery delay incur penalties to the customer’s benefit. 

5.2 Upon delivery, the Knowlepsy Digital Wearable Device is fully placed under the responsibility of the Buyer, who assumes all risks, losses, or damages and takes necessary precautions.

ARTICLE 6: DELIVERY DEFAULT

6.1 The liability of the Company regarding delivery is automatically suspended upon the occurrence of the following events:

• Force majeure as provided by the applicable law and presented in Article 12 below;
• Manufacturing or delivery delay by the manufacturer or supplier;
• Client’s communication of incomplete, inaccurate or late data during ordering on the Site;
• Non-payment by the customer of the full price.

ARTICLE 7: DISPUTES – RETURNS

7.1 In case of damage, shortage, defect, or non-conformity of the delivery, the Buyer must make a written notice by registered letter with acknowledgment of receipt within 48 hours following the delivery (the postmark serving as proof) to the Company. After this period, the Buyer no longer has the right to dispute the Knowlepsy Digital Wearable Device.

7.2 Any return of the Knowlepsy Digital Wearable Device must be subject to a prior agreement by the Company, and the Knowlepsy Digital Wearable Device must be returned in its original packaging and in new condition, accompanied by its return authorization number, within a maximum period of fifteen (15) days from the date of return authorization by the Company.

ARTICLE 8: PRICE – PAYMENT

8.1 The price of the Knowlepsy Digital Wearable Device is the one in force as stated in the Company’s Site at the time of order receipt, plus taxes. Prices are subject to change without notice and/or may be subject to discounts.

8.2 Invoices are payable in full online by credit card through secure payment upon placing each order. All details and information about the different means and methods of payment are available online at the following [Https://knowlepsy.com/legal mention/].

ARTICLE 9: EXEMPTION OF LIABILITY – INSURANCE

9.1 The liability of the Company cannot be held in case of:

• Direct and indirect damages, and/or material and immaterial damages after delivery;

• Damages related to a delivery delay, shortage by the manufacturer;

• Damages due to a cause beyond the control of the Company.

9.2 The Company is not liable for any compensation to the Buyer or third parties for the consequences of using the Knowlepsy Digital Wearable Device resulting from direct or indirect damages, accidents to persons, damages to property other than the equipment, loss of profit, or loss of earnings, damages arising from or to arise from deterioration or loss of data recorded by the user.

9.3 Any manufacturer’s warranties granted are the sole responsibility of the manufacturer and are available upon simple request to the Company’s customer service […] and can also be consulted on its Site www.knowlepsy.com and on the manufacturer site following this [Https://knowlepsy.com/legal mention/].

9.4 The parties undertake to take out all necessary insurance for all harmful consequences of acts for which they may be held responsible under these GTCS.

ARTICLE 10: CONFIDENTIALITY – PERSONAL DATA

10.1 The Company undertakes to keep strictly confidential all information and personal data received and communicated by the Buyer when opening their account and placing orders and prohibits – subject to applicable law – the disclosure of this information to third parties without prior and express authorization from the customer. 

10.2 For full details, please check the Personal Data Policy available following this [Https://knowlepsy.com/legal mention/].

ARTICLE 11: RETENTION OF TITLE

11.1 The transfer of ownership of the Knowlepsy Digital Wearable Device purchased by the Buyer takes place only after the Buyer has fulfilled his obligation to pay the full price indicated on the Site when placing the order.

ARTICLE 12: FORCE MAJEURE

12.1 Both Company and Buyer shall not be held liable in the event of non-performance of one or more of their contractual obligations if it is proven that such non-performance is due to a case of Force majeure. In the event of force majeure, the affected party shall inform the other party in writing within twenty-four (24) hours following the occurrence of the Force majeure event and its reasons. 

12.2 The contractual obligations of both parties shall resume upon the disappearance of the Force majeure event unless it persists for a period exceeding twenty (20) days from its occurrence; in which case, each party shall be entitled to terminate each ongoing order automatically.

ARTICLE 13: TERMINATION OF RELATIONSHIPS

13.1 These GTCS are intended to govern the business relationships between the Company and its Buyers and do not constitute a commitment to engage in business or acceptance of orders by the Company.

13.2 The Buyer may close his customer account on the Company’s Site at any time without giving any reason.

ARTICLE 14: INDEPENDENCE OF PARTIES

14.1 Each party is legally independent of the other and acts in its own name and under its sole responsibility and may not, under any circumstances, be considered as the representative of the other party or act on behalf and for the account of the other party.

ARTICLE 15: APPLICABLE LAW – JURISDICTION

15.1 These GTCS are subject to Portuguese Law. 

15.2 Any dispute relating to these terms and conditions shall be under the jurisdiction of the courts of Lisbon.