General Terms of Sale and Subscription
Publishing Company (the "Provider" or "GeoRide"):
KIBLE SAS, a simplified joint-stock company with a share capital of €12,350
Registered office: 150 Rue Nicolas Louis Vauquelin, 31100 TOULOUSE, FRANCE
Toulouse Trade and Companies Register (RCS) no. 824 387 633 | Intra-Community VAT no.: FR83824387633
Customer Service: contact@georide.fr
PREAMBLE
These General Terms and Conditions (hereinafter the "GTC") define the rights and obligations of the parties in connection with the sale of equipment and/or the provision of services by KIBLE SAS ("GeoRide") to any natural or legal person (the "Customer").
ENFORCEABILITY AND ACCEPTANCE
Any order placed on the georide.fr website, via the GeoRide mobile application, or the activation of a service after purchase from a partner reseller, implies the Customer's full and unreserved acceptance of these GTC. The Customer declares that they have read these GTC and accepted them by ticking the box provided for this purpose before confirming their order or activating their service. The applicable GTC are those in force on the day of subscription. No special condition may prevail over the GTC unless formally accepted in writing by GeoRide.
ARTICLE 1 – DEFINITIONS
The terms below, whether singular or plural, shall have the following meaning:
- "Device": Refers to the GPS tracker and the connected electronic equipment supplied by GeoRide.
- "Equipment": Refers to all physical goods delivered to the Customer, including the Device, the built-in SIM card, the power cables and any other supplied accessory.
- "Service(s)": Refers to all software features (GPS tracking, theft alert, crash detection, history) accessible via the GeoRide mobile Application, requiring an active subscription.
- "Application": Refers to the mobile application and/or web interface published by GeoRide providing access to the Services.
- "Rental Offer": Contractual plan under which the Equipment is made available to the Customer for the duration of the subscription, with GeoRide retaining full ownership.
- "Purchase Offer": Contractual plan under which the Customer acquires ownership of the Equipment and subscribes separately to the Service.
- "Customer": The natural person (consumer) or legal entity (professional) entering into the contract.
- "Failure": Any intrinsic technical malfunction of the Equipment, excluding damage caused by misuse, accidental breakage or oxidation not covered.
ARTICLE 2 – ELIGIBILITY, PRICES AND PAYMENT TERMS
2.1. Eligibility for the Rental Offer The Rental Offer is exclusively reserved for private individuals (natural persons) acting for personal purposes and residing in the countries served by GeoRide (mainland France and eligible neighbouring countries). Professionals, legal entities (companies, associations) and corporate fleets are not eligible for rental. GeoRide reserves the right to terminate any rental contract entered into in breach of this clause.
2.2. Applicable Prices The Services and Equipment are invoiced on the basis of the prices in force displayed on the Site or the Application at the time of final confirmation of the order by the Customer. The Customer acknowledges that prices may change. However, for ongoing subscriptions, any price change will be notified to the Customer by email at least one (1) month before it takes effect. The Customer will then have the option to terminate their subscription free of charge if they refuse this change.
2.3. Setup Fee For any subscription to a Rental Offer, a flat-rate "Setup Fee" is charged at the time of the order or the first direct debit. Its amount is clearly indicated in the order summary before confirmation. This fee covers the preparation, configuration and shipping of the Equipment. It remains the property of GeoRide and is not refundable in the event of early termination (except where the statutory right of withdrawal is exercised).
2.4. Payment Terms
- Initial payment: Payment of the initial order (equipment purchase or setup fee + 1st month) is made by bank card or any other method offered on the secure payment interface.
- Recurring subscriptions: Payment of the monthly instalments is made by automatic debit (recurring bank card payment or SEPA direct debit). For SEPA direct debit, the Customer undertakes to sign the electronic mandate (e-Mandate) available in the Application upon activation of the Service.
2.5. Delivery and Transfer of Risk
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Timeframes: The delivery times indicated at the time of the order are indicative (generally 1 to 7 working days). However, in accordance with Article L.216-1 of the French Consumer Code, GeoRide undertakes to deliver the Equipment no later than thirty (30) days after the order. If this deadline is exceeded (except in cases of force majeure), the Customer may cancel their order and be refunded.
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Transfer of risk:
- For the Consumer Customer: The risks of loss of or damage to the Equipment are transferred to the Customer at the time when they (or a third party designated by them) take physical possession of the goods.
- For the Professional Customer: The risks are transferred as soon as GeoRide hands the Equipment over to the carrier.
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2.6. Start of Billing (Specific to the Rental Offer) Given the rental nature of the offer, the subscription pays for the provision and tying-up of the Equipment for the Customer, regardless of its actual use.
Consequently, billing begins on the day the Device is put into service (activated) via the Application, and no later than seven (7) days after the order date.
After this 7-day courtesy period, if activation has not taken place, subscription billing will start automatically, strictly provided that the Equipment has indeed been shipped by GeoRide. If shipping is delayed beyond this initial period, billing will only begin four (4) days after the actual shipping date (average delivery time), so as not to bill the transport period.
ARTICLE 3 – FINANCIAL SECURITY AND PAYMENT DEFAULTS
3.1. Payment Guarantee by Bank Card In order to guarantee the proper performance of their financial obligations (payment of rental instalments, return of equipment), the Customer agrees to register and keep valid a bank card for the entire duration of the contract. This card is not debited arbitrarily. The Customer expressly authorises GeoRide to debit this card only in the following limited cases, after prior notification by email that has remained unanswered for 48 hours:
- Failure of the usual monthly direct debit (recovery of unpaid amounts).
- Failure of the direct debit for the setup fee.
- Non-payment of the Flat-Rate Non-Return Indemnity (defined in Article 6).
- Non-payment of repair costs if equipment is returned damaged (excluding normal wear and tear).
3.2. Security Deposit for Advance Exchange (After-Sales Service / Upgrade) In the event that GeoRide agrees to ship new Equipment before the return of the old one (advance exchange procedure), a Security Deposit may be required.
- Amount: This amount corresponds to the value including tax of the replacement equipment. It is temporarily debited from the Customer's payment method.
- Refund: This deposit is fully refunded to the Customer, automatically, within a maximum of fourteen (14) days following receipt and validation of the old equipment by GeoRide.
- Retention: If the old equipment is not returned within 30 days or is returned incomplete/broken, GeoRide will keep the Security Deposit as final compensatory indemnity.
3.3. Late Payment and Penalties Any payment incident (rejected direct debit, expired card) will give rise, after an amicable reminder, to:
- The suspension of the Services until the situation is resolved.
- The application of late-payment penalties calculated at the applicable statutory rate (3 times the legal interest rate) as well as a rejected direct debit fee of ten (10) euros for each payment incident.
- For Professional Customers only: a flat-rate indemnity for recovery costs of forty (40) euros (Art. D.441-5 of the French Commercial Code).
If the payment incident persists, GeoRide retains the option to terminate the contract by operation of law at any time. As long as GeoRide does not effect this termination, the monthly subscription instalments continue to be added to the Customer's debt. If GeoRide decides to proceed with termination, it will then require the immediate return of the Equipment and the immediate payment of the entire balance due (all unpaid monthly instalments + late-payment penalties + Flat-Rate Non-Return Indemnity if the equipment is not returned).
ARTICLE 4 – DURATION, TRIAL AND WITHDRAWAL
4.1. Statutory Right of Withdrawal (14 days) In accordance with Articles L.221-18 et seq. of the French Consumer Code, the consumer Customer has a period of fourteen (14) days from receipt of the Equipment to exercise their right of withdrawal, without having to give reasons for their decision.
- Procedure: The Customer informs GeoRide of their decision by email or via the standard form.
- Return: The Customer must return the complete Equipment, at their own expense, within 14 days of their declaration.
- Refund: GeoRide refunds all payments received (including standard delivery charges) after recovery and inspection of the Equipment. If the Service was activated at the Customer's request before the end of this period, an amount calculated pro rata temporis for the use of the Service will remain due.
Exceptions: In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for:
- The supply of software or digital content not supplied on a physical medium (e.g. subscription activated immediately) whose performance has begun after the consumer's express prior consent and express waiver of their right of withdrawal.
- The supply of goods made to the consumer's specifications or clearly personalised.
- The supply of goods which were unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
4.2. Special "30-Day Trial" Offer (If applicable) When this specific offer is taken out ("Try first, pay later"), it is exclusively reserved for the Rental Offer and replaces the standard terms:
- Start and Duration of the Trial: The trial period lasts 30 calendar days. Its starting point is determined in the same way as the start of billing for the Rental offer (see Article 2.6): it begins either on the day the Device is activated, or automatically seven (7) days after the order date (if activation has not taken place before then).
- During the trial (Cancellation): No payment is debited (excluding initial shipping costs or accessories). However, to cancel the trial free of charge, the Customer must notify Customer Service of their decision no later than five (5) days before the end of the 30-day trial period.
- Conversion into a Subscription: In the absence of notification within this notice period (D-5) and of return of the Equipment, the trial automatically converts into a paid Rental subscription. Payment is then triggered via the registered payment method.
4.3. Subscription Duration Unless otherwise stated (12/24-month prepaid offers), the subscription is entered into for an indefinite period, with no fixed-term commitment. It is tacitly renewed each month on the anniversary date of activation.
ARTICLE 5 – TERMINATION AND SUSPENSION
5.1. Termination by the Customer The Customer may request the termination of their subscription at any time via the Application or by email.
- Effective date (Rental Offer): Termination only takes effect and billing only ceases on the date of actual and complete receipt of the Equipment by GeoRide. As long as the Equipment has not been returned, the subscription continues to run as an indemnity for the tied-up equipment.
- "Any month started is due in full" rule: Any month started is due in full, in particular because of the indivisibility of the connectivity and service costs incurred for the monthly period. No pro-rata refund is made.
- Return: The Equipment is returned at the Customer's expense and risk. The return procedure and the applicable penalties are detailed in Article 6.
5.2. Suspension of Services and Continuation of Billing GeoRide reserves the right to suspend access to the Service (Application) in the event of non-payment or breach of the GTC, after a simple reminder that has remained unanswered (generally within 30 days). IMPORTANT: This suspension of access to the Service entails neither the end of billing nor the termination of the contract. As long as the Equipment has not been returned or the contract has not been formally terminated by GeoRide, the monthly subscription remains due in full as an indemnity for the tying-up and rental of the Equipment held by the Customer.
ARTICLE 6 – RETURN OF THE EQUIPMENT (RENTAL OFFER)
6.1. Obligation to Return Under the Rental Offer, the Equipment remains the unseizable property of GeoRide. In the event of termination (whatever the cause), the Customer must return all the Equipment (Device, cables, accessories).
Exception (Theft): This obligation to return is waived if the vehicle was stolen with the Device installed on board, in accordance with the conditions of the "Replacement following Theft" guarantee (Article 8.3). To benefit from this exemption, the Customer must provide the official police report explicitly mentioning the theft of the equipped vehicle.
6.2. Procedure and Timeframes The Equipment must be returned, at the Customer's expense, no later than fourteen (14) calendar days following the effective end date of the subscription. The Customer is responsible for the packaging and protection of the Equipment during transport.
Upon receipt of the parcel, GeoRide has a logistics processing period of up to 14 days to check the integrity of the Equipment and confirm the final closure of the account.
6.3. Penalty for Non-Return (Flat-Rate Indemnity) If the complete Equipment is not received within the aforementioned period, or if equipment is returned destroyed or incomplete, GeoRide will invoice a Flat-Rate Non-Return Indemnity. The Customer expressly acknowledges that the amount of this indemnity corresponds to a reasonable estimate of the replacement value of the equipment and the logistical handling costs. It is set at a flat rate of:
- €199 incl. tax for the GeoRide mini model.
- €299 incl. tax for the GeoRide 3/GeoRide 3s model (or later models).
Payment of this indemnity will be automatically debited from any available payment method associated with the Customer's account (SEPA Mandate, Bank Card, or payment guarantee imprint). In the event of failure or absence of a valid payment method, the Customer remains fully liable for this sum and will be required to pay it immediately by any other means.
This payment constitutes a compensatory penalty and does not transfer any ownership: the Device remains the inalienable property of GeoRide and will be permanently locked electronically, making it unusable by anyone.
ARTICLE 7 – SERVICE LIMITS AND LIABILITY
7.1. Service Limits, Absence of SLA and Force Majeure The GeoRide Service is an aid to securing and locating vehicles, provided under a best-efforts obligation.
GeoRide implements all reasonable means to ensure the availability of the Service 24/7, but does not guarantee absolute continuity of the service or guaranteed recovery times (SLA), which the Customer expressly acknowledges and accepts.
GeoRide cannot be held liable in the event of interruption or malfunction of the Service caused by:
- External technical contingencies: Absence or weakness of network coverage (GPS, GSM, 4G, LTE-M, LPWAN, dead zones, basements, jamming, etc.), failure of telecommunications operators or third-party Cloud service providers (AWS, Google, etc.).
- Maintenance and updates (Internal): Temporary interruptions required for maintenance operations (preventive or corrective), improvement of the Service or updating of software and infrastructure. GeoRide will endeavour to limit the duration of these interruptions.
- The limits inherent in the Internet and software: The Customer acknowledges that no software is free of errors ("bugs") and that the transmission of data over the Internet may be subject to contingencies (latency, packet loss) beyond GeoRide's control.
- A case of Force Majeure: Within the meaning of Article 1218 of the French Civil Code, including in particular strikes, massive cyberattacks, fires, natural disasters or health crises.
7.2. Exclusion of Liability (Theft) GeoRide does not guarantee that the vehicle cannot be broken into or stolen. The Service is a deterrence and detection tool, not insurance against theft. GeoRide cannot under any circumstances be held liable, or be required to pay compensation, if the vehicle is stolen despite the presence of the device, or if it is not recovered by the police.
7.3. Prohibited Uses The Service is reserved for normal vehicle-security use. The following are strictly prohibited: extracting the SIM card (which would destroy the sealed device), reverse engineering, or using the device to monitor third parties without their knowledge. Any breach results in immediate termination without refund.
ARTICLE 8 – GUARANTEES (STATUTORY AND COMMERCIAL)
8.1. Statutory Guarantees (Applicable to all) Independently of any commercial guarantees, GeoRide remains liable for defects in the conformity of the goods (Articles L.217-3 et seq. of the French Consumer Code) and for hidden defects (Articles 1641 et seq. of the French Civil Code).
- Statutory guarantee of conformity (2 years): Repair or replacement of the defective goods.
- Guarantee against hidden defects (2 years): Non-apparent defect making the goods unfit for use.
8.2. "Serenity" Commercial Guarantee (Rental Offer only) In addition to the statutory guarantees, GeoRide offers an extended commercial guarantee applicable as long as the Customer has an active subscription with payments up to date (Rental Offer only).
- Coverage: In the event of a functional Failure of the Equipment occurring after the statutory 2-year period, GeoRide carries out a standard exchange of the Device at its own expense.
- Exclusions: This guarantee does not cover accidental breakage, oxidation due to incorrect installation, loss, or cosmetic damage that does not impair operation.
- End of guarantee: This guarantee ceases immediately upon termination of the subscription.
8.3. "Replacement following Theft" Guarantee (Rental Offer only) If the Customer's vehicle is stolen with the GeoRide Device installed on board, GeoRide undertakes to replace the Device free of charge (the Customer will receive a new box).
- Condition: Presentation of the official police report explicitly mentioning the theft of the equipped vehicle.
- Effect: The subscription contract continues with the new equipment.
ARTICLE 9 – PERSONAL DATA AND MISCELLANEOUS
9.1. Data Protection (GDPR) GeoRide processes location data in strict compliance with the GDPR. GPS positions are accessible only to the Customer. GeoRide accesses the data only at the Customer's express request (technical support). The Customer has a right of access and erasure via the address contact@georide.fr.
9.2. Objection to telephone canvassing In accordance with Article L.223-2 of the French Consumer Code, the Customer is informed of their right to register free of charge on the "Bloctel" list of objection to telephone canvassing (www.bloctel.gouv.fr) if they do not wish to be the subject of commercial prospecting by telephone.
9.3. Intellectual Property The firmware of the Device and the Application remain the exclusive property of GeoRide. The subscription grants only a personal, non-exclusive and non-transferable right of use.
9.4. Applicable Law and Mediation These GTC are governed by French law. In the event of a dispute not resolved by Customer Service, the consumer Customer may refer the matter free of charge to the Consumer Mediator to which GeoRide belongs: CM2C (14 rue Saint Jean, 75017 Paris - www.cm2c.net). Failing an amicable agreement, the French courts shall have sole jurisdiction.
9.5. Validity and Non-Waiver
- Partial invalidity: If one or more provisions of these GTC are held to be invalid or declared as such pursuant to a law, a regulation or a final court decision, the other provisions shall retain their full force and scope.
- Non-waiver: The fact that GeoRide does not invoke a breach by the Customer of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.
APPENDIX 1: STANDARD WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of KIBLE SAS (GeoRide), 150 rue Nicolas Louis Vauquelin, 31100 Toulouse (Email: contact@georide.fr)
I/we () hereby notify () you of my/our () withdrawal from the contract for the sale of the goods ()/for the provision of services (*) below:
- Ordered on ()/received on (): ............................................................................................
- Name of consumer(s): ....................................................................................
- Address of consumer(s): ................................................................................
- Signature of consumer(s) (only if this form is submitted on paper):
- Date: ...........................................................
(*) Delete as appropriate.
APPENDIX 2: LEGAL PROVISIONS (EXTRACTS)
In accordance with the regulations, the following articles of the French Consumer Code and the French Civil Code are reproduced below.
Summary of consumer rights
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the statutory guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
The statutory guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the statutory guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods but the seller imposes replacement, the statutory guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods, or terminate the contract and obtain a full refund in exchange for returning the goods, if:
- The professional refuses to repair or replace the goods;
- The repair or replacement of the goods takes place after a period of thirty days;
- The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
- The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract where the lack of conformity is so serious that it justifies the immediate reduction of the price or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until delivery of the restored goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs the implementation of the statutory guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the statutory guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund in exchange for returning the goods.
French 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. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made their responsibility under the contract or was carried out under their responsibility.
Article L. 217-5: The goods are in conformity with the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable:
- if they 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;
- if they have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by their representative, in particular in advertising or labelling; 2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 217-12: The action resulting from the lack of conformity is time-barred two years after delivery of the goods.
Article L. 217-16: Where the buyer asks the seller, during the course of the commercial guarantee granted to them at the time of the acquisition or repair of movable goods, for a restoration covered by the guarantee, any immobilisation period of at least seven days is added to the remaining duration of the guarantee. This period runs from the buyer's request for intervention or from the time the goods in question are made available for repair, if this is later than the request for intervention.
French Civil Code
Article 1641: The seller is bound by a guarantee against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them.
Article 1648 (first paragraph): The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.