General terms and conditions of sale
1. Application of the General Terms and Conditions of Sale – Enforceability
The present General Terms and Conditions of Sale (GTCS) constitute the basis of the commercial negotiation and are systematically addressed or handed over to each buyer to enable him to place an order.
Possibly, the GTCS may be supplemented by stipulations of General Conditions of Purchase possibly established by the buyer on the elements of the relationship other than the price schedule, the conditions of settlement, in particular the penalties of delay, discounts and discounts, as well as special conditions of sale.
The fact that the seller does not avail himself at any time of any of the present general conditions of sale cannot be interpreted as a waiver to avail himself subsequently of any of the said conditions.
TEEPTRAK undertakes to comply with its obligations under the relevant regulations and, in particular, the General Data Protection Regulation (GDPR).
We strongly encourage all of our clients to be particularly vigilant on these compliance aspects. Other more specific regulations may also exist, in particular for certain categories of personal data. It is the customer’s responsibility to properly identify the regulations applicable to his activities, in order to comply with them.
2. Identity of the Seller
TEEPTRAK (our company) is an S.A.S with share capital of 35,375 euros whose registered office is located at 4 villa Croix Nivert 75015 Paris, registered in the Paris Trade and Companies Register under number 804 462 570.
3. Purpose and Application
The purpose of these general terms and conditions of sale is to determine the conditions under which TEEPTRAK , sells on the Internet, in direct contact, or by telephone equipment for the analysis of the efficiency of industrial equipment, or analysis of the performance of operators, or quality analysis, or analysis of manufacturing processes, hereinafter referred to as “the Products” or “the Product” or “the Goods” or “the Goods”, as well as annual or monthly subscriptions for access to Internet services and updates to the Android applications hereinafter referred to as “Subscriptions” or “Subscription” and “Services” or “Service”, to a natural or legal person hereinafter referred to as “Buyer” or “Customer” if the Customer has access to the Services. The Buyer is advised to keep and/or print these terms and conditions.
You agree that the information requested for the conclusion of the contract or that sent during its execution will be transmitted electronically and/or by post. The GTCS are made available on the sales site of Notre Société. They may be modified at any time and without notice by Our Company, the modifications being then applicable to all subsequent orders. The applicable terms and conditions are those in force on the day of the order.
4. Orders
To be valid, the order must specify in particular the quantity of the products sold as well as the agreed price, the conditions of payment, the place and the date of delivery or collection.
Orders shall be final, even when taken through sales representatives or employees, only when confirmed in writing.
The essential characteristics of the Product are indicated on the website www.teeptrak.com. Our Company may update, improve its records, withdraw its Products from sale.
The Products are offered with the concomitant subscription of a Subscription whose minimum duration of commitment, is brought to the knowledge of the Buyer on the telephone when ordering, or during a personal interview. The Buyer is prohibited from making commercial use of the Products and Subscriptions unless otherwise agreed in writing. The Buyer consults all the characteristics of the Product and the Subscriptions and places an order by telephone or in direct contact. The different steps of the order are as follows:
– By telephone:
• The Buyer chooses his or her Products.
• The Buyer selects its subscription plan(s) where applicable.
• The Buyer shall provide its identification data.
• Our Company summarizes the order to the Buyer and makes an offer.
• The Buyer definitively confirms its choice either by placing an official order, or by paying the total amount entered on the offer.
• Our Company acknowledges receipt/confirmation of the order by indicating to the Buyer that it has been correctly taken into account by postal or electronic mail, subject to availability of the Product.
– By direct contact:
• The Buyer chooses his or her Products.
• The Buyer selects its subscription plan(s) where applicable.
• The Buyer shall provide its identification data.
• Our Company summarizes the order to the Buyer and issues an offer.
• The Buyer definitively confirms its choice by signing the offer and committing to honour its terms.
• Our Company sends a confirmation email to the Buyer detailing its entire order and its price, including all taxes and delivery costs.
Any order, whether it is made by telephone or by direct contact with Our Company, implies the express acceptance, whole and without reservation, by the Buyer, of these General Conditions of Sale.
An invoice summarizing the amounts is sent to the Buyer by Our Company at the time of delivery or payment according to the terms of payment mentioned in the offer.
The benefit of the order is personal to the Buyer and cannot be transferred without the Seller’s consent.
5. Modifying the Order
Any modification or order resolution requested by the Buyer may be taken into consideration only if it has been received in writing before the shipment of the products.
If the Seller does not accept the modification or the resolution, the installments paid may be returned only in value-goods.
6. Subscription Renewal
Subscriptions are offered as part of a Subscription renewal. The Subscription renewal is done with re-engagement. The conditions attached to the subscription re-engagement offers and the minimum re-engagement period are communicated to the Buyer on its user interface. The Buyer is prohibited from making commercial use of the Subscriptions. The Buyer consults all the characteristics of the Subscription and places an order on its user interface. The different steps of the order are as follows:
– On the user interface:
• Buyer goes to the Licenses & Machines section
• The Buyer chooses the license he wishes to extend by clicking on “Extend”
• The Buyer selects the duration and type of payment and then clicks on “Request” to definitively confirm his choice.
• Our Company acknowledges receipt of the order by indicating to the Buyer that it has been correctly taken into account via an email of confirmation detailing the whole of its order and its price all taxes and shipping costs included, subject to the availability of the Subscription.
The Subscription will be renewed upon receipt and validation of the Buyer’s payment by Our Company. In the event that payment is expected to arrive after the end date of the preceding subscription, we may exceptionally temporarily extend the Service until payment is received.
7. Price
The products are supplied at the prices in force at the time of placing the order expressed in euros and taking into account the VAT applicable on the day of the order; any change in the rate may be reflected in the price of the products or services.
The prices of the Products and Subscriptions are those in effect on the date of the order on the website of our Company, by direct contact or by telephone. They are indicated in euros, all taxes included, excluding shipping costs. The preparation and delivery costs are indicated if necessary on the website or on the commercial proposal following the direct contact or by telephone. For deliveries outside the French territory, the provisions of the General Tax Code relating to VAT shall apply. Any order delivered outside of Metropolitan France may be subject to any local taxes, customs duties, sea grant and customs fees upon delivery. Their acquittal is the responsibility of the Buyer and is the responsibility of the Buyer or Our Company according to the Incoterms negotiated. Check with the competent authorities in the country of delivery.
8. Shipping
8.1 Terms and Conditions
Delivery shall be effected in accordance with the order either by the direct delivery of the product to the purchaser, or by simple notice of availability, or by delivery to a consignor or a carrier on the seller’s premises.
Our Company validates the Buyer’s order within 48 business hours (excluding weekends and holidays) following the confirmation of the order and then proceeds to the delivery of the parcel.
The deliveries proposed by Our Company are systematically subject to an insurance subscription. We prefer as much as possible Express shipments unless otherwise indicated by the Buyer.
Our company offers the following delivery methods:
Express:
• in Metropolitan France: option 24 or 48h
• International: 24 or 48h option
Ex Express:
• in Metropolitan France: 48 to 72 hours
• Europe: 72 to 96 hours.
Outside Europe: contact us.
These deadlines are given for information purposes, and only take into account the time between the sending and the receipt of the Product. Our Company cannot be held responsible for any delays of the carrier in delivery.
It is the responsibility of the Buyer to make any claim concerning the nature of the Product or any damage suffered by the Product during transport, at the time of its delivery or to refuse delivery, and confirm this claim by registered letter with acknowledgement of receipt within seven (7) days of delivery of the Product to:
TEEPTRAK Customer service: 4 villa Croix Nivert 75015 Paris
The Buyer undertakes to take delivery within 1O days following the notice of availability. After this period has expired, the Seller may consider that the order is cancelled and the sale unilaterally terminated by the Buyer.
8.2 Delays
Deliveries are made only on the basis of availability and in the order of arrival of orders. The seller is authorised to make deliveries in whole or in part.
The delivery times are indicated as exactly as possible but depend on the possibilities of supply and transport of the seller.
Delivery time overruns shall not give rise to damages, retention or cancellation of orders in progress.
8.3 Risks
The products are delivered free of port or against reimbursement at the agreed place; in all cases, they travel at the risk and peril of the consignee to whom they belong in the event of damage or failure to make any necessary findings and to confirm their reservations by means of an extrajudicial act or by registered letter with acknowledgement of receipt to the carrier within three days of receipt of the goods.
9. Liability
Our Company cannot be held liable in the event of:
• the Buyer himself;
• in fact, unpredictable and insurmountable, by a third party outside the contract;
• force majeure as defined by the Jurisprudence.
10. Reception
Without prejudice to the provisions to be taken vis-à-vis the carrier, complaints on apparent defects or on the non-conformity of the product delivered to the ordered product or the packing slip, must be made in writing within eight (8) days of the arrival of the products.
It will be up to the Buyer to provide any justification as to the reality of the defects or anomalies found. The Seller must be given every opportunity to ascertain these defects and to remedy them. It shall refrain from intervening itself or from involving a third party for this purpose. In the case of products sold in packaging, the weights and measures taken at the outset shall be taken as evidence of the quantities delivered.
11.1. Terms and Conditions
Any return of the product must be the subject of a formal agreement between the Seller and the Purchaser. Any product returned without this agreement would be held at the disposal of the Purchaser and would not give rise to the establishment of a credit. The costs and risks of the return are always borne by the Purchaser.
In accordance with the provisions of Articles L.121-21 et seq. of the French Consumer Code, the Buyer is entitled to a withdrawal period of fourteen (14) days from receipt of the Product.
To withdraw, the Buyer must, before the expiration of the fourteen (14) day period, send Our Company a letter expressing its willingness to withdraw. The burden of proof of compliance with this deadline by the Buyer falls to him. The Buyer will then be required to return, within a maximum period of fourteen (14) days from its withdrawal, the Goods accompanied by a return voucher to be affixed to the package in its original packaging, in perfect condition, accompanied by any accessories, Employment Records and Documentation, at:
TEEPTRAK Customer service: 4 villa Croix Nivert 75015 Paris
Upon receipt of the Product (subject to its condition), Our Company will be required to refund to it all sums paid at the latest within 14 days from receipt, with the exception of delivery costs if the Buyer had chosen a method of paid delivery. Any incomplete order returned to the address indicated and/or in case of absence of the order number and/or the return of the Product(s) to an address different from that indicated above will not be treated as a return and therefore not refunded. If, at the end of this second 14-day period, Our Company has not received the Product but has registered the request for withdrawal from the Service, the Buyer will be invoiced and charged the price of the Product alone.
11.2. Implications
In case of apparent defect or non-conformity of the delivered products, duly noted by the Seller under the conditions provided above, the Buyer may obtain the free replacement, or the refund of the products at the choice of the Seller, to the exclusion of any compensation or damages.
12. Warranty
12.1. Scope
When a problem arises with equipment, we invite you to contact our service department. Our Company is committed to ensuring the after-sales service of the Products. The Products are guaranteed by Our Company against any defect of material or manufacture for a period of 12 months from the date of delivery, except for special conditions expressly indicated.
Under this guarantee, the only obligation incumbent on the Seller will be, at his choice, the free replacement or repair of the Product or of the element recognized as defective by his services unless this method of compensation proves impossible or disproportionate. In order to benefit from the guarantee, all products must first be submitted to the after-sales service of the Seller whose agreement is indispensable for any replacement. Any shipping costs are the responsibility of the Buyer who cannot claim any compensation in the event of immobilization of the property due to the application of the guarantee.
12.2. Exclusions
Damage of external origin or as a result of a misuse of the Product or a non-compliant use, an intervention outside the installation procedures or other than that of the persons authorised by Our Company, of a shock, a misuse, moisture exposure (oxidation), are excluded from the warranty.
The Seller’s warranty is limited to the repair, replacement or refund in value of the goods found defective by Our Company, taking into account the use made of them and this at the free choice of the seller. Our Company undertakes only to ensure the replacement of defective parts and the repair of the damage of the goods supplied to the Customer. The guarantee therefore does not cover labour costs, nor those resulting from dismantling, reassembly and transport operations. The after-sales service of our Company can only play within the framework of the guarantee of our Company or the legal guarantee.
The above provisions do not prevent the application of the legal guarantee provided for by Articles 1641 and following of the Civil Code, nor the legal guarantee of conformity referred to in Articles L. 211-4 et seq. of the French Consumer Code.
13. Billing
An invoice shall be drawn up for each delivery and issued at the time of delivery.
14. Payment
14.1. Terms and Conditions
Unless otherwise agreed, regulations will be made under the following conditions:
Any settlement paid to Our Company is considered final. The accepted means of payment are indicated in particular when placing an order or when renewing a Subscription on the user interface or on the commercial proposal established after direct contact or by telephone. The Buyer may never, on the ground of a claim made by him, withhold all or part of the sums due by him, nor make any compensation. As part of the fight against fraud, Our Company may ask you to justify your social and personal identity, your address, and the means of payment used. In this case, the processing of your order will take place from the receipt of these documents. If these documents are not received or if they are found to be non-compliant, the order may be cancelled and the account blocked.
Our Company offers several payment methods:
• By Bank Transfer (IBAN)
• By Cheque
14.2. Delay or Defect
In the event of late payment, the Seller may suspend all pending orders, without prejudice to any other course of action.
In other words, in the event of a total or partial delay in payment of a due date at its end, Our Company may therefore and without the need for a prior notice, immediately suspend deliveries, without the buyer being able to claim damages.
Any amount not paid by the due date shown on the invoice shall automatically entail the application of penalties of a rate equal to 15% of the purchase price, exclusive of VAT, from the day following the payment date entered on the invoice. Late penalties are payable without the need for a reminder. A lump sum payment of forty (40) euros is also due for recovery costs.
Unless otherwise agreed, the amount of such late payment interest shall be automatically charged against any discounts, rebates or rebates due by the Seller.
These penalties and fees will be payable upon request from the Seller. In the event that the recovery costs incurred are higher than this package, the Seller reserves the right to request additional compensation upon justification.
In the event of default of payment, forty-eight (48) hours after a notice of formal notice remaining unsuccessful, the sale shall be terminated by operation of law if it appears to the Seller who may request, in summary proceedings, the return of the products, without prejudice to any other damages. The resolution will affect not only the order in question, but also all previous unpaid orders, whether they are delivered or in the course of delivery and whether or not their payment is due. In the case of payment by commercial item, the default of return of the item shall be considered as a refusal of acceptance equivalent to a default of payment. Similarly, where the payment is staggered, the non-payment of a single maturity will result in the immediate payment of the entire debt, without formal notice.
In all the above cases, the sums that would be due for other deliveries, or for any other reason, will become payable immediately if the Seller does not opt for the resolution of the corresponding orders.
Under no circumstances may payments be suspended or compensated without the prior written consent of the Seller. Any partial payment will be charged first to the non-privileged portion of the claim, and then to the amounts with the oldest due date.
14.3. Collateral Requirement or Settlement
The Seller reserves the right, at any time, depending on the risks involved, to set a ceiling on the overdraft of each Buyer and to require certain payment periods or certain guarantees.
This will be the case in particular if a modification, or if a transfer, lease, pledge or contribution of its business has an adverse effect on the credit of the Buyer.
The Buyer shall bear the risks, even in the event of an agreed sale free of charge, upon dispatch of the Seller’s warehouses.
It follows in particular that the goods travel at the risk of the Buyer to whom it belongs in the event of damage, loss or shortage, to make any reservations or to exercise any recourse with the responsible carriers.
16. Retention of Title
The delivered goods remain the property of the Seller until full payment of their price. The Buyer may not resell the goods unless the Seller expressly gives his prior authorization.
The goods delivered to you and invoiced to you will remain the property of Our Company until full payment of their price. Failure to pay the full amount may result in the claim of the goods by Our Company, the return being immediate and the goods delivered at your expense, risks and perils. During the period from delivery to transfer of ownership, the risk of loss, theft or destruction, as well as the damage you may cause, remains at your own expense.
17. Packaging
The packaging bearing the Seller’s mark may be used only for its products and may not be used in any way for products other than its own. Any breach of this rule would expose the perpetrator to criminal prosecution and damages.
18. Service and access
Unless otherwise specified in the Contract, the Service includes:
– The Internet Service
– The Software Service
18.1. The Internet Service
The Internet Service consists of access to the website user interface www.teeptrak.net allowing the configuration of the Solution as well as the exploitation of the collected data. It also involves the provision of an online academy for training on Solutions: www.academy.teeptrak.net.
18.2. The Software Service
The Software Service consists of access to the Android application(s) available on Android tablet(s) allowing the recovery and enrichment of the raw data acquired manually or by the TEEPTRAK module.
18.3. Conditions prior to the provision of the service
The Buyer must have an Internet connection for access to the website as well as a functional WIFI at the location of Android tablet(s) which itself must be, if applicable, within a reasonable distance (up to 100m under certain conditions, usually between 5m and 20m of TEEPTRAK Bluetooth modules).
18.4. Service Access
Access to the Service is subject to the receipt by the Customer of its Identifiers and the compliant installation as well as the compatibility of the hardware and software and its technical and IT installations. Our Company may be obliged to exceptionally interrupt the Service to carry out maintenance, improvement, maintenance and reinforcement work. These interruptions will be notified to the Customer at least 24 hours before they take place except when they are of an emergency nature. Our Company cannot be held responsible for slowdowns, interruptions resulting from problems at our web hosting provider. Our web hosting provider regularly offers more than 99.8% availability on a monthly basis. A web unavailability does not mean a loss of data but a delay in the accessibility of the information.
The Customer is solely responsible for the installation, operation and maintenance of its technical, IT and, in particular, Hardware equipment, necessary to access the Service. Similarly, Our Company shall not be liable for any deterioration and/or interruption resulting from the operations carried out by the Customer in connection with the Service, or in the event of interruption resulting from any cause external to Our Company, such as the interruption of power supply or Internet connection.
Any connection or operation made from the Customer’s user interface shall be deemed to have been made by the Customer. The Identifiers are personal and confidential, the Customer therefore undertakes to ensure their security, to preserve their confidentiality and, in particular, not to communicate them to third parties. Except for lack of the Operator or fraud attributable to a third party proven(s) by the Customer, the latter is solely responsible for the use made of its Identifiers, regardless of the user, and the consequences resulting from it. The Customer must declare to Our Company, immediately, any loss, misappropriation or unauthorized use of its Identifiers, Our Company having then the possibility to block access to the Service or to give new Identifiers. At the time of the declaration, the Customer will provide all the information requested, it being understood that Our Company cannot be responsible for the consequences of false declarations.
18.5. Use of the Service
The Customer undertakes to comply with the terms and conditions of the software license used in connection with the Service. The contents of any kind (texts, images, visuals, logos, trademarks, etc.) posted by the «Company» are protected by all intellectual property rights in force. All disassemblies, decompilations, decryptions, extractions, reuse, copies and, more generally, all acts of reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the authorization of Our Company are strictly prohibited and liable to be the subject of legal proceedings.
It is stipulated that all raw data collected by the Customer through the use of the Service remains the property of the Customer.
19. Personal Data
The information collected is collected in order to be able to process your orders or as part of the use of the Services offered by Our Company and are subject to computer processing
Our Company takes the appropriate measures to ensure the protection and confidentiality of the personal information that it holds or that it processes in compliance with the provisions of law no. 78-17 of January 6, 1978 relating to data processing, files and freedoms. The Customer has a right of access, rectification or opposition to his personal data collected. These rights may be exercised by writing to:
TEEPTRAK: 4 villa Croix Nivert 75015 Paris.
20. Jurisdiction – Challenge
Except in case of application of a law of public order (which will apply only within the strict limits of its object), it is expressly stipulated that these General Terms and Conditions of Sale are subject to French law and that any dispute between the Parties under the latter will be subject to the jurisdiction of the competent French courts.
In the event of a dispute relating to the interpretation or execution of their agreements, the parties shall seek, before any litigation, an amicable agreement and shall communicate to each other to this end all the necessary information. The website https://ec.europa.eu/consumers/odr/ and its Regulation (EU) No. 524/2013 on “On-line Resolution of Consumer Disputes” allows for an out-of-court, independent and impartial resolution of the dispute, to the extent that the Customer belongs to a country of the European Union.
In the absence of an amicable settlement of the dispute within a maximum period of one month, shall have sole jurisdiction in the event of a dispute of any kind or a dispute relating to the formation or execution of the order, the Commercial Court of Parisunless the seller prefers to refer the matter to any other competent court. This clause shall apply even in the event of an application for interim measures, an incidental application or a plurality of defendants or an appeal as security, and whatever the method and the terms of payment, without the jurisdiction clauses which may exist on the documents of the purchasers being able to prevent the application of this clause.