These terms and conditions of sale are applicable
To the Company TICATAG, SAS with a capital of €13,468.00, whose headquarters are located at 4 RUE LOUIS DE BROGLIE 22300 LANNION, registered with the LANNION Trade and Companies Register under number RC Saint-Brieuc B 793 556 523, hereinafter referred to as the “TICATAG Seller” and the “Purchasing Customer” and/or “Subscriber” wishing to make a purchase on the TICATAG websites: www.ticatag.com www.mytibe.com www.mytifiz.com
II. Purpose of the contract
The aim of these Terms and Conditions of Sale (TCS) is to set out the contractual arrangements between the TICATAG Seller and the Purchasing Customer and the conditions that apply to all purchases made through TICATAG merchant sites. The purchase of goods or a service through the TICATAG websites implies that the Purchasing Customer accepts these terms and conditions of sale.
III. Shipping and delivery
Any order of the TICATAG Seller’s solutions (product and/or related service) placed on one of the TICATAG Seller sites from Monday to Sunday will be prepared and shipped on Mondays and Thursdays each week, excluding holidays, and will be delivered within a maximum of 5 working days, subject to confirmation of payment and receipt by the TICATAG Seller of the control order at: firstname.lastname@example.org . The TICATAG Seller undertakes to process orders placed by the Purchasing Customer within the agreed time. An order confirmation email is sent to the Purchasing Customer following the completion of their transaction and with information on payment confirmation by email. The TICATAG Seller will ship the products to the address specified on the order form sent by the Purchasing Customer. Products will be delivered by courier, or using the La Poste tracking service: “Colissimo Service” or another courier, as appropriate. The product shipping date will be indicated in the shipping confirmation email. The Colissimo tracking number and relevant link: http://www.laposte.fr/particulier/outils/suivre-vos-envois – or that which is provided by a courier – will also be sent in the shipping email.
The TICATAG Seller shall inform the Purchasing Customer of any product unavailability. The customer agrees to inform the seller of any delay in order receipt as soon as possible, and no more than 48 hours later. The Purchasing Customer must check the condition of items delivered. The TICATAG Seller must be informed of any discrepancy (missing item, damaged parcel, broken product, etc.) no later than 48 hours following receipt.
IV. Cancellation : return with refund and corresponding deadlines
In accordance with the French Consumer Code, the Purchasing Customer has a cancellation period of 14 business days following receipt of their order, and may make an order cancellation request to the TICATAG Seller with a refund without penalty and without having to provide a reason. The consumer shall inform the seller of the decision to cancel, by providing, within the aforementioned period, the cancellation form or any other unequivocal statement expressing desire to cancel. The Purchasing Customer may send the cancellation request by email, to the TICATAG Seller, at the customer support address: email@example.com or to the Customer Services (CS) address: firstname.lastname@example.org NB: cancellation forms are available at the following address: www.mytifiz.com The product needs to be returned to the TICATAG Seller, within a maximum of 14 days following cancellation, as specified hereinafter. The product must be complete, new, and in its original and complete box. When the TICATAG Seller receives the package containing the returned product, the Purchasing Customer will be refunded in full – the initial product price, including shipping – as soon as possible and no later than 14 days after the date on which the seller was informed of the customer’s decision to cancel. The seller can defer the refund until the product is returned. Shipping costs for returning the product as part of a cancellation are borne by the customer. The Purchasing Customer must keep proof of postage from one of the return service providers (La Poste, Colissimo) and indicate the shipment tracking number in the return mail. If this evidence is absent, no refund will be made in the event that the parcel is lost. The product must be returned to the following address: TICATAG – Support 4 rue Louis de Broglie 22300 LANNION
The parcel must include the following items: • the whole, new product and in its original and complete box (e.g. leaflet, cards, accessories, etc.). • the courier’s tracking number (Colissimo No, DHL No, etc.) • the Purchasing Customer’s full bank account details for the cancellation refund, • the invoice for the purchase, • the duly completed cancellation form. For some contracts, there are no cancellation rights. This is the case for contracts, where applicable, that offer a service to customise a product at the Purchasing Customer’s request (marking, special packaging, etc.).
V. Manufacturer’s warranty
Manufacturer’s Warranty The manufacturer’s warranty for location-based products is valid for TWELVE months from the date of invoice. The manufacturer’s warranty is applicable in the event of product failure, excluding when caused by a fall or break, through non-compliant use, or when the product has been changed in any way. The manufacturer’s warranty is applicable to Purchasing Customers and/or subscribers to a service contract proposed by the TICATAG Seller and who is up to date with payments. The Purchasing Customer must send the return request, for a product exchange or refund, by email to the TICATAG Seller, to the customer support address: email@example.com or to the Customer Services (CS) address: firstname.lastname@example.org An exchange or refund request must be accompanied by the complete product being returned in its complete and original box, where possible. The product should be returned to the TICATAG Seller, as specified below. The Purchasing Customer must keep proof of postage from one of the return service providers (La Poste, Colissimo) and indicate the shipment tracking number in the return mail. If this evidence is absent, no refund or exchange will be made in the event that the parcel is lost. The product must be returned to the following address: TICATAG – Support 4 rue Louis de Broglie 22300 LANNION
The product will be sent without undue delay and no later than 14 days after the cancellation request email.
The parcel must include the following items: • the whole product in new or perfect condition, and in its original and complete box (e.g. leaflet, cards, accessories, etc.). • The courier’s tracking number (Colissimo No, DHL No, etc.) • the Purchasing Customer’s full bank account details for the cancellation refund when this is requested, • the return request letter specifying whether an exchange or refund is requested, • the email thread (recommended), detailing the problem, • The invoice for the purchase.
If a defect is found by the TICATAG Seller, a repair will not be proposed, instead the customer can choose either an exchange or refund. If a defect is not found, the TICATAG Seller will inform the Purchasing Customer who will decide if the product should be returned to them. Shipping costs for returning the product are borne by the customer.
When the TICATAG Seller receives the parcel with a refund request for the product, the Purchasing Customer whose warranty has been accepted will be refunded the original cost of the product, as soon as possible and no later than 30 days after the date on which the TICATAG Seller assumed liability under the guarantee.
Legal Warranty of Conformity under the French Consumer Code, and guarantees against hidden defects under the French Civil Code, Reminder: The TICATAG Seller shall remain liable for the Legal Guarantee of Conformity as referred to in Articles L. 217-4 to L. 217-12 of the French Consumer Code, as well as that which relates to defects in the item sold, in the conditions provided for in Articles 1641 to 1648 of the French Civil Code. The provisions of Article L. 217-16, of the French Consumer Code are reproduced below, “when the buyer requests that the seller, within the course of the commercial warranty granted to it during acquisition or repair of personal property, carry out a repair as covered under the warranty, immobilisation periods of at least seven days will be added to the duration of the remaining warranty. This period runs from when the buyer requests intervention or from the provision for repair of the item in question, if this provision comes after the request for intervention. ” We would like to emphasise, however, that the TICATAG Seller does not carry out repairs under the manufacturer’s warranty. The following texts are reproduced hereafter: L217-4, L217-5 and L.217-12 of the French Consumer Code and Articles 1641 and 1648 Paragraph 1, of the French Civil Code: Article L217-4 The seller must supply goods that are in compliance with the contract and must take responsibility for defects existing when the item is supplied. It is also responsible for defects resulting from the packing, assembly or installation instructions where it is made responsible for them by the contract or where it is responsible for having them performed.” Article L217-5 In order to comply with the contract, goods must: 1. Be suitable for the purpose usually associated with such a product and, where applicable: – match the description given by the seller and have the qualities that the seller presented to the purchaser in samples or models; – have the qualities a purchaser is legitimately entitled to expect given the public declarations made by the seller, the manufacturer or its representative, particularly in advertising or labelling; 2. Or feature the characteristics jointly agreed upon by the parties, or be suitable for any special use required by the purchaser and brought to the seller’s attention and accepted by the seller.” Article L217-12 Action taken for defects is subject to a statute of limitation of two years starting from when the goods are supplied. Article 1641 The guarantee is binding on the seller for latent defects in the item purchased which make it unfit for the purpose for which it was intended or which reduce such use to the point where the purchaser would not have bought it or would have paid a lower price had it been aware of them. Article 1648 – Paragraph 1 – Where a defect renders an item useless, the purchaser must initiate proceedings within two years of discovering the defect.
VI. Refund terms for services associated with a TICATAG product
In the event of a TICATAG product comprising related services, the below terms will be agreed:
Pre-paid Cards (3 months, 6 months, 12 months) Activated pre-paid cards will not be refunded. It will not be possible to withdraw or claim a refund for pre-paid cards that have been activated by the customer.
All refund claims for Pre-paid Cards will only be considered upon written request to TICATAG Management that is sent to email@example.com or via post to Ticatag at: TICATAG – Support – 4 rue Louis de Broglie, 22300 Lannion.
Annual subscription Any month passed on the annual subscription will be due. Termination of the annual subscription contract corresponding to a TICATAG product must be requested in writing to TICATAG Management and sent to firstname.lastname@example.org or via post to Ticatag at: TICATAG – Support – 4 rue Louis de Broglie, 22300 Lannion. The TICATAG Seller will send the person making such request an email acknowledging receipt of the request, specifying the immediate cancellation of the relevant annual subscription.
VII. Registration on the TICATAG seller site
To purchase geolocation solutions from the TICATAG Seller, the Purchasing Customer must already be registered on the website for the corresponding solutions, based on their use www.ticatag.com, www.mytibe.com or www.mytifiz.com The Purchasing Customer’s registration on at least one of the TICATAG Seller websites will be validated by the TICATAG Seller after the standard form completed by the Purchasing Customer has been checked. The Purchasing Customer will receive a registration confirmation e-mail to the address indicated on the form. The Purchasing Customer must check that information provided to the TICATAG Seller during the subscription is complete and accurate.
When registered, the Purchasing Customer becomes one of the TICATAG Seller’s “Subscribers” de facto.
The TICATAG Seller cannot be held liable for any data-entry errors and consequences, particularly with regard to the Purchasing Customer’s delivery address. Once registration is approved by the TICATAG Seller, the Purchasing Customer can create their own “Personal Account”. This “Personal Account” is on the website that corresponds to the solution/product purchased. This is a space where account settings and billing address can be checked and modified, where product(s) purchased can be activated, where the summary of current Services and Top-ups can be accessed, as well as the list of invoices. The Purchasing Customer shall provide the TICATAG Seller with accurate information (address and bank details) and promptly inform the TICATAG Seller of any changes to this information. The “Personal Account” is subject to the Conditions set out by the TICATAG Seller. The Purchasing Customer shall provide their contact information (full name, customer number) to the TICATAG Seller in all correspondence so that their requests can be authenticated and processed. Incomplete applications will not be considered or processed by the TICATAG Seller.
VIII. Purchasing products and services : top-ups for location-based solutions subject to a service contract, prepaid top-ups
For SERVICES with “Prepaid Cards” or “time credit” top-ups and “Annual Subscriptions” Top-ups proposed by the TICATAG Seller and applied for variable 3-month, 6-month and 12-month durations are concluded for limited corresponding periods, from when the service is activated. The service is activated by the Purchasing Customer via their personal account or via the mobile app. At the end of the service-usage period for these top-ups, the service will stop; renewals do not take place automatically.
Annual subscriptions For the “Annual Subscription” contract, the TICATAG Seller shall inform the Purchasing Customer of the contract’s maturity, by email and on their personal account. The contract will automatically renew after its term, unless terminated by either party providing one-month’s notice. The “annual subscription” contract must be terminated by registered mail with return receipt or through the Purchasing Customer’s personal account or via an email request sent to email@example.com.
In accordance with the law, the provisions of Articles L215-1, L215-2, L215-3 and Article L241-3 of the French Consumer Code are reproduced below. Renewal of service contracts: Art. L. 215-1. – For fixed-term service contracts containing automatic renewal clauses, the service provider professional shall inform the consumer in writing, by registered letter or dedicated email, at most three months before and at least one month before the end of the period during which renewals can be rejected, of the possibility of not renewing the contract entered into with a tacit renewal clause. This information, delivered in clear and understandable terms, should mention, in an obvious box, the deadline for non-renewals. If this information has not been sent in accordance with the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal. Advances made after the final renewal date or in the event of indefinite contracts, after the date on which the initial fixed-term contract is converted, are in this case refunded within thirty days from the date of termination, minus the amounts corresponding until then in the contract. The provisions of this Article shall apply without prejudice to the legal submission of certain contracts with special rules concerning consumer information. Art. L. 215-2. – The provisions of this chapter will not apply to operators of drinking water and sanitation services. Art. L. 215-3. – The provisions of this chapter will also apply to contracts between professionals and non-professionals. Article L241-3 “when the business has not processed a refund under the terms set out in Article L215-1, the amounts due are subject to automatic legal interest.”
IX. Payment for products
Payment for Products, Services or Top-ups must be carried out using a credit card via either the “Store” area or the “Personal Account” area, or the mobile app or by cheque. Payment by credit card is secure. The entire transaction is encrypted and then sent to a bank validation server using SSL (Secure Socket Layer).
X. Provisions relating to conditions of use for TICATAG location-based solutions and relating to personal data indicated in the above-mentioned “Personal Account”
TICATAG, aware of the confidential nature of personal data gathered from Purchasing Customers and Subscribers, certifies to have declared its geolocation systems to CNIL, Declaration number 1836386, in order not to use them for purposes other than straightforward GPS-tag location recordings, with the aim of providing a monitoring and alert service for the owner of the tag over a given period. “In accordance with Articles 39 and 40 of Law No.78-17 of 6 January 1978 amended in 2004, relating to information technology, files and civil liberties, any person may obtain and, if necessary, correct or delete their personal data, by addressing this request to the TICATAG Seller’s general management (firstname.lastname@example.org). The Purchasing Customer and Subscriber will also have the right to object, subject to having legitimate reasons which will be at the discretion of TICATAG’s management.” (…) END OF TCS