Terms and conditions of sale
These General Terms and Conditions of Sale (GTCS) form the basis of commercial negotiations and are systematically sent or given to each buyer to enable them to place an order. The GTCS may be supplemented by stipulations in any General Terms and Conditions of Purchase drawn up by the purchaser concerning elements of the relationship other than the price list, terms of payment, in particular late payment penalties, discounts and rebates, and special terms and conditions of sale. The fact that the seller does not invoke any of these general conditions of sale at a given time may not be interpreted as a waiver of the right to invoke any of the said conditions at a later date.
TeepTrak undertakes to comply with the obligations incumbent upon it by virtue of the aforementioned regulations and, in particular, the General Data Protection Regulation (RGPD).
We strongly encourage all our customers to pay particular attention to these compliance aspects. Other more specific regulations may also exist, particularly for certain specific categories of personal data. It is the customer’s responsibility to identify the regulations applicable to their activities in order to comply with them.
2. Identity of the Seller
TEEPTRAK (Our Company) is an S.A.S with a share capital of 52 061,00 € whose registered office is located at 106 rue du Chemin Vert, 75011 Paris, registered in the Paris Trade and Companies Register under number 804 462 570.
3. Purpose and application
The purpose of the present general conditions of sale is to determine the conditions under which TeepTrak sells on the Internet, in direct contact, or by telephone equipment for analysing the efficiency of industrial equipment, or for analysing the performance of operators, or for analysing quality, or for analysing manufacturing processes, hereinafter referred to as ‘the Products’ or ‘the Product’ or ‘the Goods’ or ‘the Merchandise’, as well as annual or monthly subscriptions for access to Internet services and Android application updates, hereinafter referred to as ‘the Subscriptions’ or ‘the Subscription’ and ‘the Services’ or ‘the Service’, to a natural or legal person, hereinafter referred to as ‘the Buyer’ or ‘the Customer’ if the latter has access to the Services. The Buyer is advised to retain and/or print these terms and conditions. You accept that the information requested with a view to concluding the contract or that sent during its performance may be sent electronically and/or by post. The General Terms and Conditions are available on Our Company’s sales website. They may be modified at any time and without notice by Our Company, the modifications then being applicable to all subsequent orders. The GTC applicable are those in force on the date of the order.
4. Controls
To be valid, the order must specify, in particular, the quantity of products sold as well as the agreed price, the terms of payment, the place and date of delivery or collection. Orders are not final, even when they are taken through the sales representatives or employees, until they have been confirmed in writing. The essential characteristics of the Product are indicated on the www.teeptrak.com website. Our Company may update or improve its data sheets or withdraw its Products from sale. The Products are offered with the concomitant subscription to a Subscription, the minimum duration of which is notified to the Buyer by telephone when the order is placed, or during a personal interview. The Buyer is prohibited from making commercial use of the Products and Subscriptions without written agreement. The Buyer consults all the characteristics of the Product and Subscriptions and places an order by telephone or in direct contact. The various stages of the order are as follows: – By telephone: – The Buyer chooses his/her Product(s). – The Buyer chooses their subscription package(s), if applicable. – The Buyer provides his/her identification details. – Our Company summarises the order to the Buyer and makes an offer. – The Buyer definitively confirms his/her choice either by placing an official order or by paying the total amount indicated on the offer. – Our Company acknowledges receipt/confirmation of the order by indicating to the Buyer that the order has been correctly taken into account by post or e-mail, subject to availability of the Product. – By direct contact: – The Buyer chooses his/her Product(s). – Where applicable, the Buyer chooses his/her subscription package(s). – The Buyer provides his/her identification details. – Our Company summarises the Buyer’s order and issues an offer. – The Buyer definitively confirms his/her choice by signing the offer and undertaking to honour its terms. – Our Company sends a confirmation email to the Buyer detailing the entire order and its price, including all taxes and delivery charges. All orders, whether placed by telephone or by direct contact with Our Company, imply the Buyer’s express, full and unreserved acceptance of these General Terms and Conditions of Sale. An invoice summarising the amounts will be sent to the Buyer by Our Company upon delivery or payment in accordance with the terms of payment mentioned in the offer. The benefit of the order is personal to the Buyer and may not be transferred without the agreement of the Seller.
5. Modifying the order
Any modification or cancellation of an order requested by the Buyer can only be taken into consideration if it is received in writing before the products are dispatched.
If the Seller does not accept the modification or cancellation, any advance payments made can only be returned in goods value.
6. Subscription renewal
Subscriptions are offered as part of a Subscription renewal. Subscriptions are renewed with a new commitment. The conditions attached to subscription renewal offers and the minimum renewal period are made known to the Buyer on his/her 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 his/her user interface. The various stages of the order process are as follows: – On the user interface : – The Buyer selects the licence they wish to extend by clicking on ‘Extend’ – The Buyer selects the duration and type of payment and then clicks on ‘Request’ to confirm their choice definitively. – Our Company acknowledges receipt of the order by indicating to the Buyer that it has been correctly taken into account via a confirmation email detailing the entire order and its price, including all taxes and delivery charges, 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 arrives after the end date of the previous Subscription, We may exceptionally temporarily extend the Service until payment is received.
7. Awards
The products are supplied at the prices in force at the time the order is placed, expressed in euros and taking into account the VAT applicable on the day the order is placed; any change in the rate may be reflected in the price of the products or services. The prices of Products and Subscriptions are those in force on the date the order is placed on our Company’s website, by direct contact or by telephone. They are indicated in euros, inclusive of all taxes and exclusive of delivery charges. Preparation and delivery costs are indicated where applicable on the website or in the sales proposal following direct contact or by telephone. For deliveries outside France, the provisions of the General Tax Code relating to VAT are applicable. Any order delivered outside mainland France may be subject to any local taxes, customs duties, dock dues and customs clearance charges at the time of delivery. Payment of these taxes is the responsibility of the Buyer or Our Company, depending on the Incoterms negotiated. Please check with the relevant authorities in the country of delivery.
8. Delivery
8.1 Terms and conditions
Delivery is made in accordance with the order, either by direct handover of the product to the Buyer, or by simple notice of availability, or by delivery to a shipper or carrier on the Seller’s premises. Our Company validates the Buyer’s order within 48 working hours (excluding weekends and public holidays) following confirmation of the order and then delivers the parcel. The deliveries offered by Our Company are systematically insured. Express deliveries are preferred unless otherwise specified by the Buyer. Our Company offers the following delivery methods: Express : – Metropolitan France: 24 or 48 hour option – International: 24 or 48 hour option Non-express : – in Metropolitan France: 48h to 72h – Europe: 72h to 96h. Outside Europe: please contact us. These times are given as an indication, and only take into account the time between dispatch and receipt of the Product. Our Company cannot be held responsible for any delays in delivery caused by the carrier. It is up to the Purchaser to make any possible claim concerning the nature of the Product or any damage suffered by the Product during transport, at the time of delivery or to refuse delivery, and to confirm this claim by registered letter with acknowledgement of receipt sent within seven (7) days following delivery of the Product to : TEEPTRAK Customer Service: 106 rue du Chemin Vert, 75011 Paris The Purchaser undertakes to take delivery within 10 days following the notice of availability. Once this period has expired, the Vendor may consider that the order is cancelled and the sale unilaterally terminated by the Purchaser.
8.2 Deadlines
Deliveries will only be made subject to availability and in the order in which orders are received. The seller is authorised to make full or partial deliveries. Delivery times are indicated as accurately as possible but are subject to the seller’s supply and transport possibilities. Exceeding the delivery time may not give rise to damages, deductions or cancellation of orders in progress.
8.3 Risk factors
Products can be delivered carriage paid or cash on delivery to the agreed place; in all cases, they travel at the risk of the recipient, who is responsible for making any necessary observations in the event of damage or shortages and for confirming his reservations by 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 shall not be held liable in the event of:
– the Buyer’s own actions;
– the unforeseeable and insurmountable actions of a third party not involved in the contract;
– force majeure as defined by case law.
10. Reception
Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or the non-conformity of the product delivered with the product ordered or with the dispatch note must be made in writing within eight (8) days of the arrival of the products. It is the Buyer’s responsibility to provide any justification as to the reality of the defects or anomalies observed. The Buyer must allow the Vendor every opportunity to ascertain these defects and to remedy them. It shall refrain from intervening itself or having a third party intervene for this purpose. For products sold in packaged form, the weights and measures at the time of delivery shall be taken as proof of the quantities delivered.
11.1. Modalités
All product returns must be the subject of a formal agreement between the Seller and the Buyer. Any product returned without this agreement will be held at the Buyer’s disposal and will not give rise to the issue of a credit note. The costs and risks of the return are always borne by the Buyer.
11.2. Conséquences
In the event of an apparent defect or non-conformity of the products delivered, duly noted by the Vendor under the conditions set out above, the Buyer may obtain a free replacement or reimbursement of the products at the Vendor’s discretion, to the exclusion of any compensation or damages.
12. Guarantee
12.1. Étendue
If you have a problem with your equipment, please contact our after-sales service. Our Company undertakes to provide after-sales service for the Products. The Products are guaranteed by Our Company against any material or manufacturing defect for a period of 12 months from the date of delivery, except in the case of expressly stated special conditions. Under this warranty, the only obligation incumbent on the Seller shall be, at its option, the free replacement or repair of the Product or of the component recognised as defective by its services, unless this method of compensation proves impossible or disproportionate. In order to benefit from the guarantee, any Product must first be submitted to the Vendor’s after-sales service, whose agreement is essential for any replacement. Any carriage costs shall be borne by the Buyer, who shall not be entitled to claim any compensation in the event of the goods being immobilised as a result of the application of the guarantee.
12.2. Exclusions
Damages of external origin or consecutive to a misuse of the Product or to a non-compliant use, an intervention outside the installation procedures or other than that of the persons authorised by Our Company, a shock, a misuse, an exposure to humidity (oxidation), are excluded from the warranty. The Seller’s warranty is limited to the repair, replacement or reimbursement in value of goods recognised as defective by Our Company, taking into account the use made of them, at the Seller’s discretion. Our Company undertakes only to ensure the replacement of defective parts and the repair of damage to goods supplied to the Customer by Our Company. The guarantee therefore does not cover labour costs, nor those resulting from dismantling, reassembly and transport operations. Our Company’s after-sales service can only be used within the framework of our Company’s guarantee or the legal guarantee. The above provisions do not preclude the application of the legal guarantee provided for in articles 1641 et seq. of the French Civil Code, or the legal guarantee of conformity provided for in articles L. 211-4 et seq. of the French Consumer Code.
13. Billing
An invoice is drawn up for each delivery and issued at the time of delivery.
14. Payment
14.1. Modalités
Unless otherwise agreed, payments will be made under the following conditions: All payments made to Our Company are considered final. The methods of payment accepted are indicated when an order is placed or a Subscription renewed on the user interface or on the commercial proposal drawn up after direct contact or by telephone. The Buyer may never, on the grounds of a complaint made by him/her, withhold all or part of the sums owed by him/her, nor may he/she set off any sums owed by him/her. As part of the fight against fraud, Our Company may ask you to provide proof of your corporate and personal identity, your address and the means of payment used. In this case, your order will be processed upon receipt of these documents. If we do not receive these documents, or if we receive documents that we consider to be non-compliant, the order may be cancelled and the account blocked. Our company offers several methods of payment: – By bank transfer (IBAN) – By cheque
14.2. Retard ou défaut
In the event of late payment, the Seller may suspend all orders in progress, without prejudice to any other course of action. In other words, in the event of total or partial late payment of a due date, Our Company may, for this reason alone and without the need for prior formal notice, immediately suspend deliveries, without the buyer being able to claim damages. Any sum not paid by the due date shown on the invoice shall automatically entail the application of penalties at a rate equal to 15% of the purchase price excluding VAT from the day following the payment date shown on the said invoice. Late payment penalties are payable without the need for a reminder. A fixed indemnity of forty (40) euros is also payable for collection costs. Unless otherwise agreed, the amount of this late payment interest will be deducted automatically from any discounts, rebates or discounts due by the Seller. These penalties and costs will be payable at the Vendor’s request. In the event that the recovery costs incurred exceed this fixed amount, the Vendor reserves the right to request additional compensation upon justification. In the event of non-payment, forty-eight (48) hours after a formal notice has remained without effect, the sale will be cancelled by operation of law if the Vendor sees fit, and the Vendor may request, in summary proceedings, the return of the products, without prejudice to any other damages. Termination will apply not only to the order in question but also to all previous unpaid orders, whether delivered or in the process of being delivered and whether or not payment is due. In the case of payment by bill of exchange, failure to return the bill of exchange will be considered as a refusal of acceptance, which will be treated as a default of payment. Similarly, where payment is by instalments, non-payment of a single instalment will result in the entire debt becoming immediately due and payable, without formal notice. In all of the above cases, any sums due for other deliveries, or for any other reason, will become immediately payable if the Seller does not opt to cancel the corresponding orders. Under no circumstances may payments be suspended or offset in any way without the Vendor’s prior written agreement. Any partial payment will be applied first to the non-preferential part of the debt, then to the sums that are due the earliest.
14.3. Exigence de garanties ou règlement
The Seller reserves the right, at any time, depending on the risks incurred, to set a ceiling on each Buyer’s overdraft and to require certain payment terms or certain guarantees. This will be the case in particular if a modification, or if an assignment, rental, pledging or contribution of its business has an unfavourable effect on the Buyer’s credit.
The Buyer bears the risks, even in the case of a sale agreed carriage paid, from the moment of dispatch from the Seller’s warehouses.
This means in particular that goods travel at the Buyer’s risk, and it is the Buyer’s responsibility in the event of damage, loss or shortages, to make any reservations or exercise any recourse with the carriers responsible.
16. Reservation of ownership
The goods delivered remain the property of the Seller until full payment has been received. The Buyer may not resell the goods without the Seller’s express prior authorisation. The goods delivered and invoiced to you shall remain the property of Our Company until full payment has been received. Failure to pay in full may result in Our Company reclaiming the goods, which shall be returned immediately and delivered at your expense and risk. During the period between delivery and transfer of ownership, the risks of loss, theft or destruction, as well as any damage you may cause, remain at your expense.
17. Packaging
Packaging bearing the Seller’s trademark may only be used for its own products and may under no circumstances be used for products other than its own. Any infringement of this rule will expose the perpetrator to criminal prosecution and the payment of damages.
18. Services and access
Unless otherwise specified in the contract, the Service includes:
– The Internet Service
– The Software Service
18.1. Le service internet
The Internet Service consists of access to the user interface of the www.teeptrak.net website, enabling the Solution to be configured and the data collected to be used. It also consists of the provision of an online academy for training relating to the Solutions: www.academy.teeptrak.net .
18.2. Le service logiciel
The Software Service consists of access to the Android application(s) available on Android tablets for retrieving and enhancing the raw data acquired manually or by the TeepTrak module.
18.3. Conditions préalables à la fourniture du service
The Purchaser must have an Internet connection for access to the Internet site as well as a functional Wi-Fi at the location of the Android tablet(s) which themselves must be, if applicable, within a reasonable distance (up to 100m under certain conditions, generally between 5m and 20m from the TeepTrak 2.4 GHz modules.
18.4. Accès au service
Access to the Service is subject to receipt by the Customer of his Identifiers and to installation in accordance with and compatibility of the hardware and software and his technical and IT installations. Our Company may be forced to interrupt the Service on an exceptional basis in order to carry out maintenance, improvement, servicing and reinforcement work. The Client will be notified of these interruptions at least 24 hours before they occur, except when they are of an emergency nature. Our Company cannot be held responsible for any slowdowns or interruptions resulting from problems with our web hosting provider. Our web hosting provider regularly offers availability in excess of 99.8% on a monthly basis. Web unavailability does not mean loss of data but a delay in the accessibility of information. The Customer is solely responsible for the installation, operation and maintenance of its technical and IT equipment and, in particular, the Hardware required to access the Service. Similarly, Our Company may not be held liable for any damage and/or interruptions resulting from operations carried out by the Customer as part of his/her connection to the Service, or in the event of an interruption resulting from any cause outside Our Company’s control, such as, in particular, an interruption in the electricity supply or Internet connection. Any connection or operation carried out from the Customer’s user interface will be deemed to have been carried out by the Customer. The Identifiers are personal and confidential, and the Customer therefore undertakes to ensure their security, to preserve their confidentiality and, in particular, not to communicate them to third parties. Unless the Operator is at fault or fraud attributable to a third party is proven by the Customer, the Customer is solely responsible for the use made of his/her Identifiers, whoever the user may be, and for the consequences thereof. The Customer must notify Our Company immediately of any loss, misappropriation or unauthorised use of his/her Identifiers, in which case Our Company may block access to the Service or issue new Identifiers. When making the declaration, the Customer must provide all the information requested, it being understood that Our Company may not be held liable for the consequences of false declarations.
18.5. Utilisation du service
The Customer undertakes to comply with the terms and conditions of the software licences used as part of the Service. Content of any kind (text, images, visuals, logos, brands, etc.) put online by the ‘Company’ is protected by all intellectual property rights in force. Any disassembly, decompilation, decryption, extraction, re-use, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of Our Company is strictly prohibited and may result in 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 used to process your orders or in connection with the use of the Services offered by Our Company and is processed electronically. Our Company takes the appropriate measures to ensure the protection and confidentiality of the personal information it holds or processes in accordance with the provisions of Law No. 78-17 of 6 January 1978 relating to data processing, files and civil liberties. The Customer has the right to access, rectify or object to the personal data collected. These rights may be exercised by writing to : TEEPTRAK : 106 rue du Chemin Vert, 75011 Paris
20. Jurisdiction – Disputes
Except in the event of the application of a law of public order (which will only apply within the strict limits of its purpose), it is expressly stipulated that these General Terms and Conditions of Sale are subject to French law and that any dispute between the Parties in respect thereof will be submitted to the jurisdiction of the competent French courts. In the event of a dispute relating to the interpretation or performance of their agreements, the parties shall seek an amicable settlement before taking any legal action and shall provide each other with all the necessary information for this purpose. The website https://ec.europa.eu/consumers/odr/ and its Regulation (EU) No. 524/2013 on the ‘Online settlement of consumer disputes’ allow for an out-of-court, independent and impartial resolution of the dispute, insofar as the Customer belongs to a European Union country. In the absence of an amicable settlement of the dispute within a maximum period of one month, the Commercial Court of Paris shall have sole jurisdiction in the event of a dispute of any nature whatsoever or a dispute relating to the formation or performance of the order, unless the seller prefers to bring the matter before any other competent court. This clause shall apply even in the event of summary proceedings, incidental claims, multiple defendants or third-party claims, and regardless of the method and terms of payment, without any jurisdictional clauses that may exist in purchasers’ documents being an obstacle to the application of this clause.