CGV - GENERAL CONDITIONS OF SALE TICATAG SAS – ticatag

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CGV - GENERAL CONDITIONS OF SALE TICATAG SAS

I. PRESENTATION

These conditions of sale apply,

To the Company TICATAG , SAS with capital of €13,468.00 euros, whose registered office is located at 4 RUE LOUIS DE BROGLIE 22300 LANNION, registered in the trade and companies register of LANNION under number RC Saint-Brieuc B 793 556 523, hereinafter referred to as the “Seller TICATAG”

and the “Customer Buyer ” and/or “ Subscriber ” and wishing to make a purchase on the TICATAG websites ( www.ticatag.com )

II. PURPOSE OF THE CONTRACT

The purpose of these general terms and conditions of sale (GTC) is to establish the contractual provisions between the Seller TICATAG and the Buyer Client and the conditions applicable to any purchase made through the TICATAG merchant sites. The acquisition of a good or service through the TICATAG websites implies unconditional acceptance by the Buyer Client of these general terms and conditions of sale.

III. SHIPPING AND DELIVERY TIMES

Any order for a solution from the Seller TICATAG (product and/or associated service) placed on one of the Seller TICATAG sites from Monday to Sunday will be prepared and shipped on Mondays and Thursdays of each week, excluding public holidays, and delivered within a maximum of 5 working days, subject to validation of payment and receipt of the order at the address of the Seller TICATAG.

The Seller TICATAG undertakes to process orders placed by the Buyer Customer within the specified timeframes. An order confirmation email is sent to the Buyer Customer following the completion of their purchase transaction, and informing of the validation of the payment by email.

The Seller TICATAG will ship the products to the address indicated in the order form placed by the Buyer Customer.

The products will be delivered by carrier, either with the La Poste tracking service: the Colissimo Service or other delivery companies depending on the case.

The shipping date of the product will be indicated in the shipping confirmation message. The colissimo tracking number and the corresponding link will also be indicated in the shipping mail: http://www.laposte.fr/particulier/outils/suivre-vos-envois or the one provided by the carrier.

The Seller TICATAG undertakes to inform the Buyer Client of any unavailability of the product.

The customer undertakes to report any delay in receiving their order as soon as possible to the seller, at the latest within 48 hours.

The Buyer Customer is required to check the good condition of the delivered items. Any anomaly noted (missing item, damaged package, broken item, etc.) must be reported to the Seller TICATAG no later than 48 hours after receipt.

IV. WITHDRAWAL: return with refund and corresponding deadlines

In accordance with the provisions of the Consumer Code, the Consumer Customer Buyer benefits from a withdrawal period of 14 working days from the delivery of his order, and can request withdrawal of the product from the Seller TICATAG, with a refund without penalty, and without having to justify his decision.

The consumer informs the seller of his decision to withdraw, by sending him, within the period indicated above, the withdrawal form, or any other unambiguous declaration expressing his wish to withdraw.

The Buyer Customer may make his request for withdrawal by email to the Seller TICATAG, at the support address: support@ticatag.com or at the After-Sales Service (SAV) address: contact@ticatag.com

The product must be returned to the Seller TICATAG, at the latest within 14 days of withdrawal, according to the terms specified below.
The product must be complete, new, in its original box and complete.

When the Seller TICATAG receives the package with the return of the product, the Buyer Customer is fully reimbursed, of the initial price of the product and shipping costs included, as soon as possible and no later than 14 working days after the date on which the seller was informed of the customer's decision to withdraw. The seller may defer the refund until the product is recovered.

The shipping costs for returning the product in the event of a withdrawal are the responsibility of the customer.

The Buyer Customer must keep proof of deposit of the package with one of the service providers responsible for the return (La Poste, Colissimo), and indicate the tracking number of its shipment in its return mail. In the absence of this proof, no refund can be made in the event of loss of the package.

The product must be returned to the following address:

TICATAG – Support
At Nokia
2 rue Louis de Broglie
22300 LANNION

The package must consist of the following items:

  • the complete product, new, in its original box and complete (e.g. instructions, cards, accessories, etc.).
  • the carrier's tracking number (Colissimo number, DHL number, etc.)
  • the RIB of the Buyer Customer for the reimbursement relating to the right of withdrawal,
  • The invoice for his purchase,
  • The duly completed withdrawal form.

For some contracts, there is no right of withdrawal. This is the case of the contract, if it exists, offering a product customization service made at the request of the Buyer Customer (marking, special packaging, etc.).

V. MANUFACTURER’S WARRANTY

The Manufacturer's Warranty

The manufacturer's warranty on geolocation products is valid for up to TWELVE months from the invoice date.

The manufacturer's warranty applies in the event of a product failure not caused by a fall or breakage, improper use, or any transformation of the product.

The manufacturer's warranty applies to the Buyer Customer and/or subscriber holding a service contract offered by the Seller TICATAG and up to date with their payments.

The Buyer Customer must make his return request, for an exchange or a refund of the product, by email, to the Seller TICATAG, at the support address: support@ticatag.com or at the After-Sales Service (SAV) address: contact@ticatag.com

The shipping costs for returning the product are the responsibility of the customer.

The request for exchange or refund must be accompanied by the return of the complete product, if possible in its complete original box. The product must be returned to the Seller TICATAG, according to the terms specified below.

The Buyer Customer must keep proof of deposit of the package with one of the service providers responsible for the return (La Poste, Colissimo), and indicate the tracking number of its shipment in its return mail. In the absence of this proof, no exchange or refund can be made in the event of loss of the package.

The product must be returned to the following address:

TICATAG – Support
At NOKIA
2 rue Louis de Broglie
22300 LANNION

The product must be sent without undue delay, and at the latest within 14 days of your return request by email.

The package must consist of the following items:

  • the complete product, new or in perfect condition, if possible, in its original box and complete (e.g. instructions, cards, accessories, etc.).
  • the carrier's tracking number (Colissimo number, DHL number, etc.)
  • the RIB of the Buyer Client for reimbursement if requested,
  • the return request letter specifying whether it is an exchange or a refund,
  • the history of email exchanges (recommended), which detail the problem,
  • The invoice for his purchase.

If the fault is confirmed by the Seller TICATAG , no repair will be offered, but at the customer's choice, either an exchange or a refund if the withdrawal period has not been exceeded and the purchase was made from Ticatag.

If the fault is not proven, the TICATAG Seller will inform the Customer Buyer who will decide whether to return the product. The shipping costs for returning the product are the responsibility of the customer.

When the Seller TICATAG has received the package with a request for reimbursement of the product, the Buyer Customer whose guarantee has been accepted, will be reimbursed in full, of the initial price of the product, as soon as possible and at the latest 30 days after the date on which the Seller TICATAG has accepted the assumption of the guarantee.

Legal Guarantee of Conformity of the Consumer Code, and guarantees of hidden defects of the Civil Code,

Reminder : The seller TICATAG remains bound by the legal Guarantee of Conformity mentioned in articles L. 217-4 to L. 217-12 of the consumer code, as well as that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 of the civil code.

The provisions of Article L. 217-16 of the Consumer Code are reproduced below.

"When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention."

We would like to remind you, however, that the Seller TICATAG does not carry out repairs under the manufacturer's warranty.

The following texts are reproduced below: L217-4, L217-5 and L.217-12 of the Consumer Code, as well as Article 1641, and 1648 Paragraph 1, of the Civil Code:

Article L217-4 The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.

Article L217-5 To comply with the contract, the goods must:

1° Be suitable for the use usually expected of a similar good and, where applicable:

- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.

Article 1641 The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 – Paragraph 1 – The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

VI. Responsibilities

It is important to specify that TICATAG is in no way a network operator (Sigfox, Lora, 2G, 3G, 4G, 5G, etc.) to deliver the final service, and cannot be held responsible in the event of a fault linked to network coverage problems, which are attributable to its operators.

VII. Services associated with a TICATAG product, and reimbursement terms

In the case of a TICATAG product including associated services, the following terms and conditions will be agreed:

Prepaid Cards (3 months, 6 months, 12 months)

There will be no refund for activated prepaid cards. There will be no possibility of withdrawal or refund for prepaid cards that have been activated by the customer.

Any claim for a refund of Prepaid Cards will be considered only upon written request to TICATAG Management and sent to contact@ticatag.com or to Ticatag's postal address: TICATAG – Support – 2 rue Louis de Broglie, 22300 Lannion.

Annual subscription

Any annual subscription is taken out with a 12-month commitment. Any cancellation before the 12 months will result in a penalty prorated to the remaining months.

Beyond 12 months, the subscriber is free to cancel at any time, but any month committed will be due and cannot be refunded.

Termination of the annual subscription contract corresponding to a TICATAG product can be done online if the option is offered, or in writing to the TICATAG Management, either by email to contact@ticatag.com or by post to the Ticatag postal address: TICATAG – Support – 2 rue Louis de Broglie, 22300 Lannion.

The TICATAG Seller will send the recipient of the request an email acknowledging receipt of the request and specifying the immediate termination of the corresponding annual subscription.

SMS channel

The SMS channel is made available by the TICATAG platform to allow the user to set up Alerts on events defined by the boxes. However, this channel is billed by the telephone operators and is limited to 30 messages/month per user. The SMS service can therefore not be guaranteed under any circumstances, nor subject to a request for Reimbursement. A recharge option or paid package can be considered on a case-by-case basis and a request must be sent to the sales department (sales@ticatag.com)

VIII. Registration on the TICATAG Seller website

The purchase of geolocation solutions from the Seller TICATAG requires the prior registration of the Buyer Client on the website of the corresponding solutions, with a view to their use www.ticatag.com

The registration of the Buyer Client on at least one of the sites of the Seller TICATAG will be validated by the Seller TICATAG, after verification of the standard form completed by the Buyer Client. The Buyer Client will receive a registration confirmation email at the address indicated in the form.

The Buying Customer is required to verify the completeness and conformity of the information provided to the Seller TICATAG when subscribing.

By registering, the Buyer Client becomes a “Subscriber” of the Seller TICATAG.

The Seller TICATAG cannot be held responsible for any data entry errors and the consequences resulting from them, in particular with regard to the delivery address of the Buyer Customer.

Once the registration has been validated by the TICATAG Seller, the latter provides the Buyer Client with the possibility of creating their “Personal Account”.

This “Personal Account” is located on the Site corresponding to the solution/product purchased.

This is a space allowing him to check and modify his account settings, the billing address, access the activation of the product(s) purchased, access the summary of the Services and Recharges in progress and the list of invoices. The Buyer Customer undertakes to provide the Seller TICATAG with accurate information (address and bank details) and to inform the Seller TICATAG as soon as possible of any change to this information.

The “Personal Account” is subject to the Conditions of Use defined by the Seller TICATAG.

The Buyer Client undertakes to provide his/her contact details (name, first name, Customer number) to the Seller TICATAG in all correspondence in order to facilitate the authentication and processing of his/her requests. Any incomplete request cannot be taken into account or processed by the Seller TICATAG.

IX. Purchase of products and services: RECHARGES for geolocation solutions subject to a SERVICE contract

Prepaid recharges

For the SERVICE with “Prepaid Cards” or “time credit” and “Annual Subscription” top-ups

The top-ups offered by the Seller TICATAG and applied for variable durations 3 months, 6 months and 12 months are concluded for the corresponding limited periods, starting from the activation of the services.

The Service is activated by the Buyer Client via their personal account or via their mobile application.

At the end of the period of use of the service of these recharges, the service stops, there will be no tacit renewal.

The annual subscription

For the “Annual Subscription” contract, the TICATAG Seller undertakes to inform the Buyer Client of the expiry of the contract, by email and on his personal account. The contract will be tacitly renewed after its term, unless terminated by either party, with one month's notice .

Termination of the “annual subscription” contract must be done by registered letter with acknowledgment of receipt or via the personal account of the Buyer Client or by simple request by email to the address contact@ticatag.com .

In accordance with the law , Articles L215-1, L215-2, L215-3 and Article L241-3 of the Consumer Code are reproduced below.

Renewal of service provision contracts:

Art. L. 215-1. – For service provision contracts concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by dedicated registered letter or email, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract that he has concluded with a tacit renewal clause. This information, provided in clear and understandable terms, shall mention, in a visible box, the deadline for non-renewal.

Where this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time from the renewal date.

Advances made after the last renewal date or, in the case of open-ended contracts, after the date of transformation of the initial fixed-term contract, shall in this case be reimbursed within thirty days from the date of termination, after deduction of the sums corresponding, up to that date, to the execution of the contract. The provisions of this article shall apply without prejudice to those which legally subject certain contracts to special rules concerning consumer information.

Art. L. 215-2. – The provisions of this chapter are not applicable to operators of drinking water and sanitation services.

Art. L. 215-3. – The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.

Article L241-3 “when the professional has not made the reimbursement under the conditions provided for in Article L215-1, the sums due are productive of self-legal interest.”

X. Payment for products

Payment for Products, Services or Top-ups must be made by bank card via the “Shop” area or via the “Personal Account” or via the Mobile Application or by bank check.

Payment by credit card is secure. The entire transaction is directed in encrypted mode to a bank validation server in SSL (Secure Socket Layer) mode.

XI. Provisions relating to the conditions of use of TICATAG geolocation solutions and to the personal data indicated in the aforementioned “Personal Account”

TICATAG, concerned about the confidential nature of the personal data collected from its Buyer Customers and Subscribers, certifies that it has declared its geolocation systems to the CNIL, Declaration No. 1836386, in order not to make any use of them other than a simple recording of the positions of the GPS beacon(s), with the aim of providing a tracking and alert service to the owner of this beacon, 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 freedoms, any person may obtain communication and, where applicable, rectification or deletion of information concerning them, by contacting the general management of the Seller TICATAG ( contact@ticatag.com ). The Buyer Client and the Subscriber also benefit from a right of opposition, subject to invoking legitimate reasons which will be submitted to the assessment of the management of TICATAG."

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