I. PRESENTATION

These terms of sale apply,

 

To the Company TICATAG, SAS with a capital of €13,468.00, whose registered office is 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 “Seller TICATAG”

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

II. PURPOSE OF THE CONTRACT

These general terms and conditions of sale (GTC) aim to set the contractual provisions between the Seller TICATAG and the Buyer Customer and the conditions applicable to any purchase made through the TICATAG online stores. Acquiring a good or service through TICATAG’s websites implies unconditional acceptance by the Buyer Customer of these general terms and conditions of sale.

III. SHIPPING AND DELIVERY TIMES

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

The Seller TICATAG commits to processing orders placed by the Buyer Customer within the specified timeframes. A confirmation email is sent to the Buyer Customer following the successful completion of their purchase transaction, informing them of the payment validation by email.

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

Products will be delivered by carrier, either with La Poste's tracking service: the Colissimo Service or other couriers depending on the case.

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

The Seller TICATAG commits to informing the Buyer Customer of any product unavailability.

The customer agrees to report any delay in receiving their order to the seller as soon as possible, no later than within 48 hours.

The Buyer Client is required to check the condition of the delivered items. Any anomaly observed (missing item, damaged package, broken item, etc.) must be reported to the TICATAG Seller 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 Buyer Client consumer benefits from a 14 business day withdrawal period from the delivery of their order and may request withdrawal of the product from the TICATAG Seller, with a refund without penalty and without having to justify their decision.

The consumer informs the seller of their withdrawal decision by sending, within the above-mentioned period, the withdrawal form or any other unambiguous statement expressing their wish to withdraw.

The Buyer Client may request withdrawal by email to the TICATAG Seller at the support address: support@ticatag.com Or to the After-Sales Service (SAV) address: contact@ticatag.com

The product must be returned to the TICATAG Seller no later than 14 days after the withdrawal, according to the terms specified below.
The product must be complete, new, in its original and complete box.

When the TICATAG Seller receives the package with the returned product, the Buyer Client is fully refunded, including the initial product price and shipping costs, as soon as possible and no later than 14 business days after the date the seller was informed of the client's withdrawal decision. The seller may delay the refund until the product is recovered.

Shipping costs for the return of the product under the right of withdrawal are the responsibility of the client.

The Buyer Client must keep proof of deposit of the package with one of the return service providers (La Poste, Colissimo), and indicate the tracking number of the shipment in their return letter. Without this proof, no refund can be made in case of loss of the package.

The product must be sent back to the following address:

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

The package must include the following items:

• the complete product, new, in its original and complete box (e.g., manual, cards, accessories, etc.).
• The carrier’s tracking number (Colissimo number, DHL number, etc.)
• the bank details (RIB) of the Buyer Client for the refund related to the right of withdrawal,
• The invoice of the purchase,
• The duly completed withdrawal form.

For certain contracts, there is no right of withdrawal. This is the case for contracts, if any, offering a product customization service made at the request of the Buyer Client (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 case of product failure not caused by a fall or breakage, improper use, or any modification of the product whatsoever.

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

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

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

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

The Buyer Client must keep proof of deposit of the package with one of the return service providers (La Poste, Colissimo), and indicate the tracking number of the shipment in the return letter. Without this proof, no exchange or refund can be made in case of package loss.

The product must be sent back to the following address:

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

 

The product must be sent without undue delay, and no later than 14 days after the return request by email.

 

The package must include the following items:

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

 

If the fault is confirmed by the TICATAG Seller, repair will not be offered, but at the client's choice, either an exchange or a refund if the withdrawal period has not expired and the purchase was made from Ticatag.

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

 

When the TICATAG Seller has received the package with a request for product refund, the Buyer Client whose warranty has been accepted will be fully refunded the original price of the product as soon as possible and no later than 30 days after the date on which the TICATAG Seller accepted the warranty claim.

 

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

Reminder: The TICATAG Seller 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 of the sold item, 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 commercial warranty granted at the time of acquisition or repair of a movable good, a repair covered by the warranty, any immobilization period of at least seven days is added to the remaining duration of the warranty. This period starts from the buyer's request for intervention or from the availability of the good for repair if this availability is after the intervention request.”

We remind you, however, that the TICATAG Seller 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 articles 1641 and 1648 Paragraph 1 of the Civil Code:

Article L217-4 The seller is required to deliver a good that conforms to the contract and is responsible for defects of conformity existing at the time of delivery.

It is also responsible for defects of conformity resulting from packaging, assembly instructions, or installation when this has been charged to it by the contract or carried out under its responsibility.

Article L217-5 To be compliant with the contract, the good must:

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

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

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

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

Article L217-12 The action resulting from non-conformity expires two years from the delivery of the good.

Article 1641 The seller is liable for the warranty against hidden defects of the sold item that make it unfit for the intended use, or that so diminish that use that the buyer would not have purchased it, or would have paid a lower price, if they had known about them.

Article 1648 – Paragraph 1 - The action resulting from hidden defects must be brought by the buyer 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 ...) to deliver the final service, and cannot be held responsible in case of defects related to network coverage issues, which are attributable to its operators.

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

In the case of a TICATAG product with associated services, the terms indicated below will apply:

 

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 the TICATAG Management and sent to contact@ticatag.com or to the postal address of Ticatag: 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 12 months will incur a penalty proportional to the remaining months owed. 

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

The cancellation of the annual subscription contract for subscriptions taken out online (monthly plan by credit card) can be done online, or in writing to the TICATAG Management, either by email at contact@ticatag.com either by mail to the following postal address: TICATAG – Support – 4 rue Louis de Broglie, 22300 Lannion.

The cancellation of annual subscriptions via SEPA must be done in writing to the TICATAG Management, either by email at contact@ticatag.com either by mail to the following postal address: TICATAG – Support – 4 rue Louis de Broglie, 22300 Lannion.

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

SMS Channel

The SMS channel is provided by the TICATAG platform to allow the user to set Alerts on events defined by the devices. However, since this channel is billed by phone operators, it is limited to 30 messages / month per user. The SMS service cannot therefore be guaranteed under any circumstances, nor subject to a refund request. A paid top-up or subscription option may 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's website

Purchasing TICATAG Seller's geolocation solutions requires the Buyer Client to register in advance on the corresponding solutions' website for their use. www.ticatag.com

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

The Buyer Client is required to verify the completeness and accuracy of the information provided to the TICATAG Seller during subscription.

 

By registering, the Buyer Client automatically becomes a "Subscriber" of the TICATAG Seller.

 

The TICATAG Seller cannot be held responsible for any input errors and the resulting consequences, particularly regarding the Buyer Client's delivery address.

Once the registration is validated by the TICATAG Seller, they provide the Buyer Client with the ability to create their "Personal Account."

This "Personal Account" is located on the website corresponding to the purchased solution/product.

It is a space that allows the user to check and modify their account settings, billing address, access the activation of the purchased product(s), access the summary of ongoing Services and Top-ups, and the list of invoices. The Buyer Client agrees to provide the TICATAG Seller with accurate information (address and bank details) and to inform the TICATAG Seller as soon as possible of any changes to this information.

The "Personal Account" is subject to the Terms of Use defined by the TICATAG Seller.

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

IX. Purchase of products and services: The TOP-UPS for geolocation solutions subject to a SERVICE contract

The prepaid top-ups

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

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

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

At the end of the service usage period for these top-ups, the service stops; there will be no automatic renewal.

 

 

The annual subscription

For the "Annual Subscription" contract, the TICATAG Seller undertakes to inform the Buyer Client of the contract expiration by email and on their personal account. The contract will automatically renew after its term, unless terminated by either party, with a one-month notice period.

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

 

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

Renewal of service contracts:

Art. L. 215-1. – For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by personalized letter or dedicated email, no earlier than three months and no later than one month before the end of the period allowing rejection of the renewal, of the possibility not to renew the contract concluded with a tacit renewal clause. This information, delivered in clear and understandable terms, mentions, in a visible box, the deadline for non-renewal.

When this information has not been provided to them 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 contracts of indefinite duration, after the date of transformation of the initial fixed-term contract, are in this case reimbursed within thirty days from the termination date, after deduction of amounts corresponding, up to that date, to the execution of the contract. The provisions of this article apply without prejudice to those that legally subject certain contracts to special rules regarding consumer information.

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

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

Article L241-3 "when the professional has not proceeded with the refund under the conditions provided in Article L215-1, the sums due bear statutory interest."

X. Payment for products

Payment for Products, Services, or Top-ups must be made by credit 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 using SSL (Secure Socket Layer).

XI. Provisions relating to the terms of use of TICATAG’s geolocation solutions and the personal data indicated in the aforementioned "Personal Account"

TICATAG, mindful of the confidential nature of the personal data collected from its Buyer Clients and Subscribers, certifies that it has declared its geolocation systems to the CNIL, Declaration No. 1836386, in order to use them solely for recording the position(s) of the GPS beacon(s), with the purpose 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 January 6, 1978, amended in 2004, relating to data processing, files, and freedoms, any person may obtain communication and, if necessary, correction 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 have a right to object, subject to invoking legitimate reasons which will be assessed by the management of TICATAG."