DATA PROCESSING AGREEMENT (DPA) FOR AQUAJI CLOUD USERS

1. Scope of application and contractual partner

1. 1. For the business relationship between Navori SA, Avenue Mon-Repos 22, CH-1005 Lausanne, Switzerland, or Navori Inc 1000 Sherbrooke West # 710, Montreal, H3A 3G4 Canada (hereinafter referred to as “Seller”) and the Customer (hereinafter referred to as “Customer”) for transactions in Online Store (https://www.extranet.navori.com) (hereinafter referred to as “Online Store”), the following General Terms and Conditions (hereinafter “GTC”) apply in their version valid at the time of the respective order. These terms and conditions also apply to the purchase of software subscriptions, licenses, and media players (hereinafter Products)
   2. The Customer can retrieve, save and/or view the General Terms and Conditions on his computer when ordering via links in the Online Store. It is the responsibility of the Customer and is recommended by the Seller to print out the General Terms and Conditions (for example as a print screen or after highlighting the website text).
   3. The Online Store offer is intended exclusively for adult consumers. Licenses and subscriptions are delivered online while media players and any other hardware are shipped to the destination.
   4. Contradictory terms and conditions of the contract, namely those which the Customer declares to be applicable together with the acceptance of the contract, are only valid if, and to the extent, they have been accepted by the Seller expressly and in writing.
   5. The Seller reserves the right to amend these General Terms and Conditions of Business.

2. Customer service

For questions, requests or complaints, the Customer can contact the Customer Service of the Seller: from his Navori account or by phone:

If to Navori Inc, 1000 Sherbrooke West # 710, Montreal, H3A 3G4 Canada. Phone: +1 514 395-8999

If to Navori SA, Avenue Mon-Repos 22, CH-1005 Lausanne, Switzerland. Phone +41 21 633 19 60

3. Conclusion of contract

1. The Online Store merely represents an invitation to the Customer to provide offers for the conclusion of a purchase contract concerning the presented goods.
2. A binding order is only triggered when the Customer enters all data required for the execution of the contract, acknowledges these General Terms and Conditions, and has clicked on the “Place binding order” button (“Buy”). Until this button is clicked, the Customer can first select products from the Seller’s assortment without commitment. Before placing the order, the Customer can enter and change the order data. The delivery of the order is deemed to be an offer of the Customer to conclude a contract with the Seller.
3. After delivery of the order via e-mail, the Customer receives an automatic order confirmation by e-mail that again reflects the content of the Customer’s order. This automatic order confirmation does not yet constitute acceptance of the offer but only documents that the order has been received by the Seller.
4. The Seller reserves the right to accept the order. The Seller is not obligated to conclude a contract based on an order. In particular, an order can be canceled or rejected if there is a violation of these General Terms and Conditions of Business or if there is a corresponding suspicion. Such a case exists, e.g. if a Customer has not paid for an earlier order or a lack of credit card cover had been determined in a previous order.
5. The contract is only concluded by the express declaration of acceptance of the Seller. The Seller is entitled, yet not obliged, to accept the Customer’s order within seven days of receipt by the Seller. The acceptance is declared by the Seller by sending the Customer an order confirmation via e-mail to the specified e-mail address.
6. The aforementioned also applies if the Customer has already paid the purchase price by the chosen payment method prior to the conclusion of the contract or has issued instructions for payment. If for any reason, the contract is not concluded in this case, then the Seller shall inform the Customer, after checking the order, and reimburse the advance payment. If the contract comes into effect at least for a part of the goods ordered, then the Customer shall be notified of this with the declaration of acceptance, i.e. the e-mail with the invoice and the order confirmation. In this context, the refund is made for non-deliverable goods.
7. If the order includes several items, then the contract is only concluded for those items that are explicitly listed in the e-mail with the invoice and order confirmation.
8. The registered Customer can view the status of his orders in his/her personal Customer area.

4. Prices, shipping, and delivery

1. All prices specified in the online store include the applicable statutory VAT. The Seller shall inform the Customer of any applicable shipping costs incurred, as well as any additional costs (e.g. for an express order, gift packaging) in the order form immediately prior to submitting the order.
2. The Seller reserves the right to change the prices for the offered items at any time. The respective price at the time of the order applies.
3. Unless otherwise agreed, hardware delivery shall be made to the delivery address provided by the Customer. The Seller shall inform the Customer of the delivery period during the ordering process and/or in the e-mail with the invoice and the order confirmation. Unless otherwise stated, the delivery period for standard delivery is 4 to 5 business days from the e-mail with the invoice and order confirmation.
4. After the handover of the goods to the transport company, the Customer receives a shipping confirmation via e-mail that contains a tracking number that allows the Customer to track the delivery.
5. After receipt of the e-mail with the invoice and order confirmation, the Customer is obligated to accept the goods. Change requests and cancellation orders can no longer be considered, or they are only taken into account at the discretion of the Seller and on a voluntary basis. The right to revocation is pursuant to clause 5 below.
6. In the case of hardware delivery to the address specified by the Customer, visible quantity differences must be reported in writing to the Seller, immediately upon receipt from the transport company, or after receipt of the goods, or within five (5) days for concealed quantity differences (see clause 2 Customer Service).
7. If a delivery is not received by the Customer despite confirmation of dispatch by the carrier, or if the Customer does not receive any message from the carrier within 2 days, then the Customer must immediately contact the customer service of the Seller (see clause 2 above).

5. Right of revocation

The Seller grants the Customer a contractual right of revocation in accordance with the following regulation:

The Seller voluntarily grants the Customer a contractual right of return. A return must be made within 14 calendar days from the day on which the Customer took possession of the ordered goods from the carrier. It is recommended, yet not mandatory, to advise the Seller’s customer service (see section 2 above) before returning. In this case, the date of transfer to the carrier of the goods to be returned shall remain decisive for compliance with the return period.

The hardware goods must be returned to the address Navori made the transaction:

If to Navori Inc, 1000 Sherbrooke West # 710, Montreal, H3A 3G4 Canada. Phone: +1 514 395-8999
If to Navori SA, Avenue Mon-Repos 22, CH-1005 Lausanne, Switzerland. Phone +41 21 633 19 60

The hardware goods must be returned new and unused. The goods must be returned in the original packaging with all protective materials, trailer slips, and labels on the products as well as with all additional accessories or replacement material. The purchase price will be refunded to the Customer (minus additional, delivery and shipping costs). The refund is made via the same payment method that the Customer used when ordering unless something else is expressly agreed with the Customer. The refund is the only service of the Seller in the case of returns. Exchange of the goods is excluded. The refund takes place only after the returned goods have been received by the Seller and subjected to a quality inspection. During the quality inspection, it is decided whether the goods are still new or whether a loss of value arose, which is to be deducted from the refund accordingly.

6. Retention of title

Until the full payment of the respective invoice amount of a delivery (final and unconditional credit of the total purchase price), the Seller reserves the right to ownership of the goods delivered in each case. For Customers with registered offices in Switzerland, the Seller is entitled to make a corresponding entry in the retention of the title registry.

7. Payment methods

For orders in the online store, the customer may use Credit card or Bank transfer payment methods.

8. Assignment

The Seller reserves the right to assign or pledge the outstanding purchase price receivables due from the Customer in connection with goods deliveries, including any possible partial payment installments, default interest, and overdue fees to third parties

9. Obligation to inspect and reject warranty

1. Commercial or technically unavoidable, material-related deviations of the quality, color, size, equipment, or design of the goods do not constitute a defect. This also applies to documented and disclosed potential signs of aging on CPO watches.
2. The Customer is obliged to inspect the delivered goods as soon as it is feasible in accordance with usual business practice and to immediately inform the Customer Service of the Seller of any defects detected (see above clause 2). If the Customer fails to do this, the goods are considered approved. The approval is deemed to be implemented in any case if Customer Service does not receive a notification of defects via e-mail within 8 days from the Customer.
3. Defects that were not identifiable in accordance with the previous paragraph are to be immediately reported to Customer Service (see above clause 2) after discovery, otherwise, the goods ordered are also deemed to be approved with regard to these defects.
4. Before returning the goods, the Customer must contact Customer Service (see clause 2 above). This notification can be done simultaneously with the notification of the defect (see clauses 11.2 and 11.3 above). Customer Service will issue a Return Merchandise Authorisation note sent by e-mail. The defective goods must only be returned after and along with a printed copy of this notification. The transport costs incurred for any return shipping will be borne by us. Goods returned by Customers again become the property of the Seller, if the performance of the guarantee takes place by means of delivery of a replacement.
5. The Seller may satisfy a warranty by eliminating defects. This is implemented at the discretion of the Seller either by supplementary performance, namely elimination of a defect (rectification), or delivery of a defect-free item (replacement delivery.

10. Transport damage

If goods are delivered with obvious transport damage, then the Customer must report such defects immediately to the transport company and contact the Seller immediately. However, the Customer shall help the Seller to assert its own claims against the freight carrier or transport insurance.

11. Applicable law and place of jurisdiction

If to Navori Inc, Montreal, Canada: Applicable law, province of Quebec, Canada

If to Navori SA, Lausanne, Switzerland. Applicable law, canton de Vaud, Switzerland