General conditions of sale and subscription

Welcome to our General Conditions of Sale and Subscription, you will find all the information for a purchase with complete peace of mind. Version in force as of 01/25/2024.

We are at your disposal if you have any questions about our general conditions.

General subscription conditions

Name of seller

The Kible company,

SAS with capital of €11,375

Whose head office is located: 150 Rue NICOLAS LOUIS VAUQUELIN in TOULOUSE (31100).

Registered with the TOULOUSE RCS under number 824 387 633.

Intracommunity VAT: FR83824387633

Contact address: contact@georide.fr

Hereinafter referred to as: “GeoRide”.

Article 1 – Principles

The purpose of these general conditions is to present the marketing conditions for subscriptions offered by GeoRide on its website georide.fr (hereinafter the “Site”).

Subscribing to a subscription implies full acceptance of these general conditions by the customer (hereinafter “the Subscriber”).

Subscribing to a subscription with GeoRide is considered a rental contract, where the Subscriber benefits from the use of the GeoRide box and associated services from the GeoRide application, in return for a periodic payment.

They are accessible on the Site and will prevail, where applicable, over any other contradictory document.

The general conditions applicable to the Subscriber are those in force on the date of subscription to GeoRide.

GeoRide reserves the right to modify its general conditions from time to time. The modified general conditions will be applicable to any new subscription from their posting online on the Site.

Article 2 – Description of subscriptions

GeoRide has designed connected boxes and accessories to geo-locate and secure two-wheeled motorized vehicles and their drivers. Once the housing and/or accessories are installed on the two-wheeled motorized vehicle, the information emitted by the box and/or accessories is accessible by the Subscriber via the GeoRide mobile application, which it is up to the Subscriber to download (hereinafter “the Application ").

Two types of monthly, no-obligation subscription are offered by GeoRide:

The GeoRide mini subscription giving access to the following services: GPS tracker, connected alarm, fall detection, post-theft assistance, internal battery.

The GeoRide 3 subscription giving access to the following services: GPS Tracker, Connected alarm, Fall detection, Post-theft assistance, internal battery, Anti-theft siren, Proximity badge, Special alerts, Basement detection.

GeoRide undertakes to satisfy any subscription request within the limits of available stocks of boxes and accessories.

Article 3 – Subscription to a subscription

Subscribing to one of the subscriptions offered by GeoRide is done online on the georide.fr website.

For the subscription to be validated, the Subscriber must:

complete a subscription form by providing your personal information,
choose the address and delivery method for the case and its accessories,
accept, by clicking where indicated, these general conditions,
validate the payment method,
pay the first month of subscription and any delivery costs for the box.

The box commissioning fee of 29 euros including tax will be deducted when paying the first installment.
“First due date” being understood here as the first automatic debit on the application.

A subscription confirmation email will then be sent within 24 hours to the Subscriber by GeoRide, accompanied by these general conditions.

Following this email, GeoRide will send the Subscriber the box and accessories, under the conditions defined in article 4 below.

In certain cases, including non-payment under another subscription, incorrect delivery address or other problem on the Subscriber's account, GeoRide reserves the right to block the customer's subscription request until resolved. of the problem.

For any questions relating to subscribing to a subscription, the Subscriber can send an email to GeoRide at the following email address: aide@georide.fr .

Article 4 – Activation of the subscription

4.1 Provision of a box and its accessories

Once the subscription has been validated, GeoRide undertakes to provide the Subscriber with the box corresponding to their subscription.

As part of the GeoRide Mini subscription, GeoRide provides the Subscriber with a box containing a GeoRide Mini box and the following accessories: a power cable and a mounting pack.

As part of the GeoRide 3 subscription, GeoRide provides the Subscriber with a box containing a GeoRide 3 box and the following accessories: a power cable, a fixing pack, a USB cable, a 110 dB anti-theft siren , a proximity badge.

The case and accessories making up the box are described and presented with the greatest possible accuracy on the Site.

The boxes and accessories of the boxes remain the exclusive property of GeoRide for the entire duration of the subscription.

The Subscriber has custody of the box and accessories for the duration of the subscription and until their return. The Subscriber must in no case harm the physical, electrical and electronic integrity of the box and/or accessories where applicable.

The responsibility for the risks of deterioration, malfunction, loss or theft of the case and accessories is transferred to the Subscriber upon receipt by him of the box, excluding defects specific to the case and/or accessories.

4.2 Delivery

4.2.1 Delivery times

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the Site, delivery times will be, within the limits of available stocks, those indicated below.

Delivery times run from the date of the subscription confirmation email sent by GeoRide to the Subscriber.

For deliveries in mainland France and Corsica, the delivery time is a minimum of 3 days and a maximum of 30 days, according to the following terms: Delivery to a Colissimo relay point or at home with Colissimo to the address indicated by the Subscriber on the subscription form.

Any box returned to GeoRide due to an incorrect or incomplete delivery address will be reshipped at the Subscriber's expense.

The Subscriber may, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the subscription form.

For deliveries in the French Overseas Territories or another country, the delivery terms and times will be specified to the Subscriber on a case-by-case basis.

In the event of non-compliance with the aforementioned delivery deadline, the Subscriber will be entitled to cancel their subscription if, after having given GeoRide formal notice, by registered letter with acknowledgment of receipt, to deliver the box within a specified period. additional reasonable amount, the latter was not executed within this time limit.

The Subscriber may, however, immediately cancel his subscription by registered letter with acknowledgment of receipt:

- if GeoRide refuses to send the box;

- if the Customer has indicated the delivery time as being an essential condition of his subscription.

In these cases, when the subscription is canceled, GeoRide is required to reimburse the Customer for all sums paid, at the latest within 14 days following the date on which the subscription was canceled.

In the event of unavailability of a box, the Customer will be informed as soon as possible and will also have the possibility of canceling their subscription. The Subscriber will then have the choice of requesting either the reimbursement of the sums paid within 14 days at the latest following their payment, or the subscription to another subscription.

4.2.2 Receipt of boxes and accessories

Delivery means the transfer to the Subscriber of physical possession of the boxes and accessories making up a box.

Receipt of the box is evidenced by the signing of the delivery document by the Subscriber.

If at the time of delivery, the original packaging is damaged, torn or opened, the Subscriber must then check the condition of the box and the accessories making up the box. If they have been damaged, the Subscriber must refuse the package and note their reservations on the delivery document by affixing their signature (package refused because of damage, missing equipment, damaged package, broken equipment, etc.).

This verification is considered to have been carried out when the Subscriber, or a person authorized by him, has accepted the package and signed the delivery document without making any reservations.

4.3 Commissioning

It is up to the Subscriber to install the box and/or accessories on their two-wheeled motorized vehicle by following the instructions in the getting started guide and the installation instructions provided within the box.

Once the box is installed, it must be put into service by the Subscriber via the GeoRide application compatible with iOS/Android, which it is up to the Subscriber to download.

Commissioning the box involves the creation of an account by the Subscriber on the application and flashing the QR-Code present on the box sent by GeoRide.

Commissioning must be carried out by the Subscriber within 7 days of

from the time the subscription is taken out on the Site, subject to the

receipt of the box in the meantime.

The effective commissioning of the box will be confirmed to the Subscriber on the Application and by email.
The invoicing of the commissioning costs, amounting to 29 euros including tax, will be included in the debit for the first monthly payment.

Article 5 – Duration of the subscription and termination

5.1 The subscription comes into force from the time of subscription on the Site, for an indefinite period.

5.2 The subscription can be canceled at any time at the initiative of the Subscriber or GeoRide subject to 30 days' notice, notified to the other party by simple email or request from the application.

Any month started will be due by the Subscriber.

5.3 The subscription will also be automatically terminated by GeoRide in the event of non-transmission by the Subscriber of the SEPA direct debit mandate, via the Application, within the month following the date of subscription to the subscription.

5.4 In the event of non-payment of a monthly payment by the Subscriber and/or rejection of a debit from his bank account, GeoRide will be entitled to terminate the subscription after sending a formal notice of pay by registered mail with acknowledgment of receipt or by email which remains without effect for 15 days.

5.5 Whatever the reason, from the date the termination takes effect, the Subscriber must return the box and its accessories to GeoRide under the conditions provided for in Article 9.

Article 6 – Price

The GeoRide mini subscription is offered at a price of 9.99 euros including tax per month.

The GeoRide 3 subscription is offered at a price of 14.99 euros including tax per month.

For each subscription, commissioning fees will be invoiced by GeoRide for an amount of 29 euros including tax. As a reminder, payment of these activation fees will be made when the first monthly subscription payment is debited.

In the event of a change in the price of subscriptions, GeoRide undertakes to inform the Subscriber at least 1 month before the new prices come into force by email or by post. The Subscriber will therefore be entitled to cancel his subscription free of charge within 30 days following receipt of information on the new prices.

The aforementioned prices do not take into account the delivery costs of the box, invoiced in addition, and indicated to the Customer before validating the subscription, depending on the delivery method chosen and the delivery address provided.

The prices take into account the VAT applicable on the day the subscription is taken out and any change in the applicable VAT rate will be automatically reflected in the price of the subscriptions.

Article 7 – Payment terms

7.1 For payment to be made on the Site when taking out the subscription, the authorized payment methods are as follows: credit card, Visa, Mastercard and PayPal.

7.2 Payments for monthly subscription installments, after payment for the first month on the Site, will be made by direct debit or credit card payment to the account provided by the Subscriber via the Application every 30 days from the date of commissioning of the box, provided that the commissioning took place within 7 days of taking out the subscription on the Site. The commissioning costs, amounting to 29 euros including tax, will be included in the deduction of the first payment due.

In the event that the Subscriber has not put the box into service within 7 days of taking out the subscription even though he or she has received delivery of the box within the deadline, the 2nd payment will be charged. in any case 30 days + 7 days after taking out the subscription on the Site.

Subsequent installments will be deducted every 30 days from the date of the 2nd installment.

7.3 In the event of late payment of a monthly due date, penalties of

late payment, calculated according to a rate equal to three (3) times the legal interest rate in

force on the due date, will be automatically due by the Subscriber, in addition to the lump sum of €40 for recovery costs for

professionals.

Article 8 – Right of withdrawal

In accordance with the provisions of the Consumer Code, the Consumer Subscriber within the meaning of the introductory article of the Consumer Code has a period of 14 days from the date of subscription to exercise his or her right of withdrawal. without having to justify his decision or to bear other costs with the exception of the direct costs of returning the box which remain the responsibility of the Subscriber.

The return of the box must be made in its original condition and in its entirety (packaging, case, accessories, instructions, etc.) within 14 days following the Subscriber's exercise of his right of withdrawal.

In the event of return of a damaged, soiled or incomplete box, GeoRide will invoice the customer for the costs defined in article 9 below.

The Subscriber may exercise his right of withdrawal by sending the withdrawal form attached hereto by email to aide@georide.fr or by post to the address indicated in the legal notices. In this case, an acknowledgment of receipt by post or email will be immediately communicated to the Subscriber.

Any other method of declaring withdrawal is accepted as long as it is unambiguous and expresses the Subscriber's desire to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, GeoRide will reimburse the Subscriber for all sums collected including delivery costs, without unjustified delay and at the latest within fourteen days from the date on which he was informed of the Subscriber's decision to withdraw.

When the box has already been received by the Subscriber in the meantime, GeoRide defers the reimbursement until recovery of the box or until the Subscriber has provided proof of shipment of the box, whichever comes first. of these facts.

The box must be returned under the same conditions as those provided for in article 9 of these general conditions.

The Subscriber is informed that by installing the box and putting it into service via the GeoRide Application, he/she expressly requests the start of the execution of the service subscribed to with GeoRide, where applicable before the expiration of the withdrawal period of 14 days following subscription.

In the latter hypothesis, in the event of exercising his right of withdrawal after the box has been put into service, the Customer will be liable to GeoRide for an amount corresponding to the service provided until communication of his decision. to withdraw (article L221-25 of the Consumer Code), in proportion to the time elapsed between putting the box into service and exercising the right of withdrawal.

Please note that any return of the product made after the expiry of the legal withdrawal period of 14 days or once the box has been activated on the Application, will automatically result in the charging of commissioning fees, set at 29 euros including tax. These fees will be due regardless of the effective date of the initial withdrawal planned with the first monthly subscription payment.

Article 9 – Return of boxes and accessories

The box and its accessories are returned to GeoRide no later than 14 days following the date of termination of the subscription or the date on which the Subscriber asserted his right of withdrawal.

In the absence of return within the aforementioned period, in the event of incomplete return of the box provided, in the event of poor condition of the box and/or accessories or in the event of damage attributable to the Subscriber, GeoRide will invoice the Subscriber for compensation. flat rate of an amount equal to the value of the new box:

Regarding the GeoRide mini subscription box, the amount invoiced will be 229 euros including tax.
Regarding the GeoRide 3 subscription box, the amount invoiced will be 369 euros including tax.

In the event of termination at the Subscriber's initiative, the costs of returning the box will remain their responsibility except in the event of termination due to a change in prices or in the event of non-compliance of the box and/or accessories by GeoRide under its warranty obligations.

In the event of termination at the initiative of GeoRide, the return costs will be reimbursed to the Subscriber subject, however, to compliance with the return instructions sent by GeoRide customer service by email.

Article 10 – Legal guarantee

The Service Provider is responsible for any lack of conformity in the digital content and services provided as part of the subscription, under the conditions provided for in articles L224-25-12 et seq. of the Consumer Code.

The consumer has the right to the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity during the period of supply of the digital content or digital service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

The legal guarantee of conformity entails an obligation to provide all updates necessary to maintain the conformity of the digital content or digital service during the period of supply.

The legal guarantee of conformity gives the consumer the right to have the digital content or digital service brought into conformity without undue delay following their request, without cost and without major inconvenience for them.

The consumer can obtain a reduction in the price by keeping the digital content or the digital service, or he can end the contract by being reimbursed in full in exchange for renunciation of the digital content or the digital service, if:

1° The professional refuses to bring the digital content or digital service into compliance;

2° The compliance of the digital content or digital service is unjustifiably delayed;

3° The compliance of the digital content or the digital service cannot take place without costs imposed on the consumer;

4° Bringing the digital content or digital service into compliance causes a major inconvenience for the consumer;

5° The non-compliance of the digital content or digital service persists despite the professional's unsuccessful attempt to achieve compliance.

The consumer also has the right to a reduction in price or termination of the contract when the lack of conformity is so serious that it justifies the reduction in price or termination of the contract being immediate. The consumer is then not required to request compliance of the digital content or digital service beforehand.

In cases where the lack of conformity is minor, the consumer is only entitled to cancel the contract if the contract does not provide for the payment of a price.

Any period of unavailability of the digital content or digital service with a view to its return to conformity suspends the guarantee which remained to run until the supply of the digital content or the digital service which becomes compliant again.

These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.

The professional who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 242-18-1 of the Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if the digital content or digital service is retained, or to a full refund against waiver of the digital content or digital service.

Article 11 – Theft

In the event of theft of the box, GeoRide undertakes to provide the Subscriber with a new box upon presentation of the complaint and to suspend the subscription until the new box is put into service.

Article 12 – Force majeure

Any circumstances beyond the control of the parties meeting the definition of force majeure provided for in article 1218 of the Civil Code and preventing the execution under normal conditions of their obligations by the parties are considered as causes for exemption from obligations. parties and lead to their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the subscription will be continued. If the force majeure lasts for more than three months, the subscription may be terminated by either party automatically after sending a registered letter with acknowledgment of receipt.

Article 13 – Intellectual property

The subscription does not grant the Subscriber any rights to the brands, designs, models, logos and graphic expressions belonging to GeoRide or any other work likely to be industrial or intellectual property belonging to it.

Article 14 – Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force. and their scope.

Article 15 – Non-waiver

The fact that one of the parties does not take advantage of a provision referred to in these general conditions cannot be interpreted for the future as a waiver of the provision in question.

Article 16 – Title

In the event of difficulty of interpretation between any of the titles appearing at the top of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 17 – Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

Article 18 – Mediation and dispute resolution

Any dispute relating to the interpretation and execution of these conditions is subject to French law.

If the Subscriber encounters a difficulty with the execution of his subscription, he

It is up to you to send a complaint by post or email to GeoRide at

the address contact@georide.fr. The parties will endeavor to find an amicable solution.

In the event of persistent disagreement, the Subscriber may send a written complaint to the consumer mediator CM2C, either by email to the address

cm2c@cm2c.net or by mail to the following address: 14 rue Saint Jean 75017 Paris. The mediator can also be contacted directly online on the CM2C website by following the following link:

https://www.cm2c.net/declarer-un-litige.php

Failing an amicable resolution, the dispute will be brought before the competent court.

Article 19 – Privacy policy

The Subscriber's personal information that may be collected on the Site or on the GeoRide Application is processed by GeoRide in accordance with the Privacy Policy accessible on the Site.

Article 20 – Right to object to telephone canvassing

In accordance with article L.223-2 of the Consumer Code, the Subscriber is informed of his or her right to register on the “Bloctel” telephone canvassing opposition list by entering his or her number(s). ) by telephone on the site www.bloctel.gouv.fr .

Annex :

Withdrawal form

Consumer Code Articles L.221-1 et seq.

The Subscriber who wishes to withdraw can complete the form below which must be returned to GeoRide by email at contact@georide.fr or by post at 150 rue Nicolas Louis Vauquelin, 31100 Toulouse, no later than the fourteenth day following the subscription subscription date.

I hereby notify you of my withdrawal from the subscription detailed below:

Subscription number (present in the confirmation email):

Subscription subscription date:

Subscription type (GeoRide mini or GeoRide 3):

Client name :

Customer Address:

Date :

Client's signature :

Terms of Sales

Name of seller

The Kible company,

SAS with capital of €11,375

Whose head office is located: 150 Rue NICOLAS LOUIS VAUQUELIN in TOULOUSE (31100).

Registered with the TOULOUSE RCS under number 824 387 633.

Intracommunity VAT: FR83824387633

Contact address: contact@georide.fr

Referred to hereinafter and indifferently as: “The company”, “The company”, “The Supplier”, “GeoRide”.

Article 1 – Principles

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the GeoRide website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector, the companies of which have their headquarters in France.

Article 2 – Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the GeoRide website.

These conditions only concern purchases made on the GeoRide website and delivered exclusively in mainland France or Corsica. For any delivery in the French Overseas Territories or abroad, you should send a message to the following email address: aide@georide.fr.

These purchases concern the following products: geolocation, protection and assistance products and accessories for all types of vehicles, in particular GPS trackers, alarms, anti-theft devices, fall detectors.

Article 3 – Pre-contractual information

The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.

The following information is transmitted to the buyer in a clear and understandable manner:

– the essential characteristics of the property;

– the price of the good and/or the method of calculating the price;

– if applicable, all additional transport, delivery or postage costs and all other possible costs payable;

– in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the good, whatever its price;

– information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions.

Article 4 – The order

The buyer has the possibility of placing his order online, from the online catalog and using the form which appears there, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or good ordered.

For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

– after sending the buyer confirmation of acceptance of the order by the seller by email;

– and after collection by the seller of the entire price.

Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any questions relating to the tracking of an order, the buyer can send an email to the seller at the following email address: aide@georide.fr.

Article 5 – Electronic signature

The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:

– due date of sums due under the purchase order;

– signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller by email at aide@georide.fr

Article 6 – Order confirmation

The seller provides the buyer with an order confirmation by email.

Article 7 – Proof of the transaction

Computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8 – Product information

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered while stocks last.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.

The photographs of the products are not contractual.

Article 9 – Price

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account delivery costs, invoiced additionally, and indicated before validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the products.

Article 10 – Payment method

This is an order with obligation to pay, which means that placing the order involves payment by the buyer.

To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend all order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves the right in particular to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .

Payment of the price is made in full on the day of the order, according to the following terms:

- Bank card

– PayPal

Article 11 – Availability of products – Reimbursement – Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in mainland France and Corsica, the deadline is 3 days from the day following that on which the buyer placed their order, according to the following terms: Delivery to a DPD relay point or to your home with DPD/Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries in the French Overseas Territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, instruct the seller to perform it within a reasonable additional period.

In the absence of execution at the end of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has complied in the meantime.

The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.

If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of payment at the latest, or an exchange of the product.

Article 12 – Delivery terms

Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and time specified above.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the instructions. legal of the site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 – Delivery errors

The buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality in relation to the indications appearing on the order form. Any complaint made after this deadline will be rejected.

The claim may be made, at the buyer's choice:

– by e-mail to the following address: aide@georide.fr.

Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the exchange number has been assigned.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommended, to the following address: GeoRide – 5 rue de la Pomme, 31000 Toulouse.

Return costs are the responsibility of the seller.

Article 14 – Product guarantee

14-1 Legal guarantee of conformity

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

– the buyer has a period of 2 years from delivery of the goods to act;

– the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

– the buyer does not have to provide proof of non-conformity of the goods during the 24 months in the case of new goods (6 months in the case of second-hand goods), following delivery of the goods.

14-2 Legal guarantee against hidden defects

In accordance with articles 1641 et seq. of the civil code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of sale of the property and are likely to make the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.

The buyer can choose between canceling the sale or reducing the price in accordance with article 1644 of the civil code.

Commercial guarantee

The products sold are also covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring reimbursement of the purchase price, replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.

Article 15 – Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be returned.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to retract.

If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased and the delivery costs are reimbursed.

Return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 14 days, and at the latest, within 14 days from receipt, by the seller, of the products returned by the buyer within the conditions provided for above.

Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
– supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

– supply of goods made to the consumer’s specifications or clearly personalized;

– supply of goods likely to deteriorate or expire quickly;
– supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– supply of goods which, after having been delivered and by their nature, are mixed inseparably with other items;
– supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
– maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
– supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
– supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
– supply of digital content not provided on a physical medium whose execution has begun after express prior agreement of the consumer and express waiver of his right of withdrawal.

Article 16 – Force majeure

Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.

Article 17 – Intellectual property

The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

Article 18 – Information Technology and Freedoms

The personal data provided by the buyer are necessary to process their order and prepare invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated via the GeoRide website has been declared to the CNIL.

The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the GeoRide website.

Article 19 – Partial non-validation

Article 20 – Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

Article 21 – Title

In the event of difficulty of interpretation between any of the titles appearing at the top of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 22 – Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

Article 23 – Mediation and dispute resolution

The buyer may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute. The names, contact details and email address of the mediator are available on our site.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and legal professionals. 'European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable law

These general conditions are subject to the application of French law. The competent court is the judicial court.

This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the buyer will contact the seller as a priority to obtain an amicable solution.

Article 25 – Protection of personal data

Data collected

The personal data collected on this site are as follows:

– account opening: when creating the user's account, their name; first name ; email address ; Phone Number ; address ;

– connection: when the user connects to the website, the user records, in particular, his or her last name, first name, connection data, usage data, location data and payment data;

– profile: the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number;

– payment: as part of the payment for the products and services offered on the website, it records financial data relating to the user's bank account or credit card;

– communication: when the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage;

– cookies: cookies are used as part of the use of the site. The user has the option to deactivate cookies from their browser settings.

Use of personal data

The purpose of the personal data collected from users is to provide the website's services, their improvement and the maintenance of a secure environment. More specifically, the uses are as follows:

– access and use of the website by the user;

– management of the operation and optimization of the website;

– organization of the conditions of use of the Payment Services;

– verification, identification and authentication of data transmitted by the user;

– offering the user the possibility of communicating with other users of the website;

– implementation of user assistance;

– personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

– prevention and detection of fraud, malware (malicious software) and management of security incidents;

– management of possible disputes with users;

– sending commercial and advertising information, based on user preferences.

Sharing personal data with third parties

Personal data may be shared with third party companies in the following cases:

– when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

– when the user publishes, in the free comment areas of the website, information accessible to the public;

– when the user authorizes a third party’s website to access their data;

– when the website uses the services of service providers to provide user assistance, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in compliance with the provisions of the applicable regulations on the protection of personal data. staff ;

– if required by law, the website may transmit data to respond to claims made against the website and to comply with administrative and legal procedures;

– if the website is involved in a merger, acquisition, transfer of assets or receivership procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

Security and Privacy

The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: aide@georide.fr.

the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.

the right to rectification: if the personal data held by the website is inaccurate, they can request that the information be updated.

the right to deletion of data: users can request the deletion of their personal data, in accordance with applicable data protection laws.

the right to limitation of processing: users can ask the website to limit the processing of personal data in accordance with the hypotheses provided for by the GDPR.

the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.

the right to portability: they can request that the website give them the personal data provided to them to transmit them to a new website.

Evolution of this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility of deleting his account.

Article 26 – Subscription

For the purchase of the GeoRide box as a single purchase, an annual subscription of €49 including tax is required to use the service. Subscription is included for the first year. This subscription must be made directly on the GeoRide application compatible with iOS/Android upon receipt of the product. Any subscription started and associated with a box is not refundable.

Annex :

Withdrawal form

(to be completed by the consumer,

and to be sent by registered letter with acknowledgment of receipt,

within a maximum period of 14 days following the date of conclusion of the service contract)

Annex :

Consumer Code

Article L. 217-4: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.”

Article L. 217-5: “The property complies with the contract:

1° If it is suitable for the use usually expected of similar goods and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

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

Article L. 217-6: “The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them”.

Article L. 217-7: “Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.”

Article L. 217-8: “The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.”

Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice clearly entails a cost disproportionate with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.”

Article L. 217-10: “If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor.”

Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.

Article L. 217-12: “The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.”

Article L. 217-13: “the provisions of this section do not deprive the buyer of the right to take action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of contractual or extra-contractual nature recognized by law.”

Article L. 217-14: “Recursory action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.

Article L. 217-15: “The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good or service any other service in relation to the property, in addition to its legal obligations aimed at guaranteeing the conformity of the property.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial extent as well as the name and address of the guarantor.
In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full in the CONTRACT.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to take advantage of this.”

Article L. 217-16: “When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the warranty, any downtime period of at least seven days is added to the remaining warranty period.

This period runs from the buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.”

Civil Code

Article 1641: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it , or would have given only a lower price, if he had known them.”

Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from apparent defects or lack of conformity.