General conditions of sale Bee2Beep

PREAMBLE

These general conditions of sale govern the terms and conditions of distance selling of SAS FOUR DATA products (hereinafter, the “Seller”), a simplified joint-stock company, whose registered office is located at

67 RUE DES GODRANS 21000 DIJON, registered in the Trade and Companies Register under number 821 783 222 – Telephone: 03 .73 .27.50.32 – – E-mail: contact@bee2beep.com

BEE2BEEP: Trademark registered and marketed exclusively by SAS FOURDATA.

They express all the rights and obligations of the parties. Anyone wishing to order a product from the Seller may request a copy of these general conditions of sale or print them directly on the site: https://bee2beep.com/ , (hereinafter, the “Site”).

The products (hereinafter, the “Product(s)”) offered for sale on the site https://bee2beep.com, are products related to connected beekeeping (scales, weather station, GPS tracker , etc) and third-party activities that Four Data offers (level sensor, etc) that may be correlated with Bee2Beep activity.

1. PURPOSE AND SCOPE

These general conditions of sale (hereinafter the “GTC”) apply to any consumer who wishes to acquire one or more Product(s) through the Site, (hereinafter the “Customer”) as well as by telephone or any means within the scope of distance selling. They therefore govern the contractual relationship between the Customer and the Seller.

No professional may avail himself of these T&Cs, these only concern the natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, except for exceptions falling within the scope of the article frame Article L. 221-3 of the Consumer Code .

2. ACCEPTANCE OF THESE T&Cs

The Customer, by using the Site or placing an order with the Seller, acknowledges having full legal capacity for this purpose.

The Customer who orders on the Site must accept the GCS directly online by ticking the box before placing each order: ” I acknowledge having read the general conditions of sale “. The Customer ordering by telephone or any other means must return, prior to placing the order, a copy of these GCS duly initialed and signed by any written means of communication (fax, scan, etc.), accompanied by the order form describing the essential characteristics. of the product.

The acceptance by the Customer of these GCS constitutes a contract (hereinafter, the “Contract”), which will prevail over all other conditions appearing in any other document, except prior, express and written derogation between the parties.

3. MODIFICATION OF THESE T&Cs

The Seller reserves the right, at any time, to modify these T&Cs. If necessary, the general conditions of sale in force at the time of the order will be applied to each order. However, the Customer is encouraged to keep informed by regularly consulting the T&Cs on the Site.

4. ONLINE ORDER TERMS

4.1 Creating a user account

In order to improve your experience on the Site, the Customer can create a user account by clicking on “my account”, then “register” and complete the elements comprising a username/e-mail address and a password that ‘he must keep confidential. An email confirming the creation of the account will then be sent to the Customer at the email address indicated in order to be able to identify the Customer. Once the account has been created, the username and password will necessarily be entered on the Site for each new order. A summary of the information provided will then be sent by e-mail to the Customer. This information being necessary for the management of the order and the relationship with the Customer, no account can be created without providing the requested information. Mandatory information to be provided is marked with an asterisk.

The Customer is solely responsible for taking all necessary measures to ensure the confidentiality of his password. He undertakes to immediately inform the Seller in the event that he has reason to believe that his password is being used or likely to be used by any unauthorized third party.

4.2 Validation of the order

Once in his customer account using his username and password, the Customer places his order by adding the Products to his “basket”. The Customer may at any time and until payment of the price, modify, delete or add a Product to his order or simply cancel the latter. He can also check, at any time, until the payment of the order, the characteristics of the Products.

The Customer must then select the delivery method chosen from the options offered by the Seller and fill in the information requested.

The Customer must click on “validate the order” in order to be able to finalize the latter. He then fills in his bank details for a payment (via Stripe) and confirms his purchase by clicking on “order”.

A summary of the order including in particular: the price excluding taxes, including VAT and delivery costs is displayed before the validation of the order.

4.3 Confirmation and summary of the order by the Seller

The automatic registration systems are considered as proof of the nature, content and date of the order by the Customer.

It is specified that the order can only be considered final after receipt by the Customer of an order confirmation email from the Seller. This confirmation email summarizes in particular: the essential characteristics of the Product(s) as well as the price per product (excluding and including VAT) and its possible components, the costs and the delivery address.

4.4 Access to invoices

Invoices will be sent automatically in the days following the shipment of the product(s). The customer can at any time ask the accounting department to obtain his invoice at this address: service.comptabilite@fourdata.io

5. ORDER

5.1 Product Availability

The Products offered on the Customer Site by the Seller are in principle available, the stock status of each Product being subject to regular updates. However, it is specified that a Product may appear as “available” during the award but may however prove to be unavailable at the time of payment of the order or once the order has been validated. In this case the Seller cannot be held responsible.

If the Product has been validated by the Customer but is no longer available, the Seller will send an email that may offer a substitute product. The Customer will be free to accept or not the Seller’s proposal, by return email. In addition, it is specified that the Seller’s liability will not be sought in the event of minor differences between the presentation photos of the articles and the texts displayed on the product sheets on the Site, and the Products delivered.

5.2 Cancellation of the order by the Seller

The Seller reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order. The information provided by the Customer, when taking the order, commits the latter: in the event of an error in the wording of the contact details of the recipient of the order, the Seller cannot be held responsible for the impossibility in which it could be, to deliver the Product.

Furthermore, no order can be honored until the full price has been effectively paid by the Customer.

6. DELIVERIES

Deliveries are made in metropolitan France and in Europe by carrier.

6.1 Delivery times

The delivery time is indicated when placing the order and before payment of the latter. It is recalled that even if the Seller strives to respect the delivery times, these are mentioned for information only. In all cases and in accordance with the law, delivery times may not exceed thirty (30) days from the confirmation of the order by the Seller.

6.2 Receipt by the Customer

The Customer is required to check the contents of the delivery upon receipt thereof and must therefore report as soon as possible if a Product is missing, non-compliant or damaged. He must contact customer service as soon as possible to report the problem: contact@bee2beep.com .

If necessary, a material return form will be provided to the Customer so that he can return his material for an expertise carried out by the technical teams of SAS FOUR DATA.

6.3 Cancellation of the Contract by the Customer.

In the event of the Seller’s failure to fulfill its obligation to deliver the goods on the date or at the end of the period provided for, failing which, no later than thirty (30) days after the conclusion of the Contract, the Customer may terminate the Contract according to the terms described in articles L 138-2 and following of the Consumer Code. The Seller will then refund the Product under the conditions of article L 138-3 of the Consumer Code.

Without prejudice to the rights granted to it by law, any complaint of error in delivery and/or non – conformity of the Products must be made to the seller within 72 hours of delivery.

7. RIGHT OF WITHDRAWAL

7.1 Exercise of the right of withdrawal

In accordance with Article L 221-18 of the Commercial Code, you have fourteen (14) days from receipt of the Products to exercise your right of withdrawal from the Contract concluded at a distance, without having to justify your decision, under provided that the Products are not excluded from the scope (7.2 – article L 221-28 of the Consumer Code).

In the event of exercise of the right of withdrawal, the Customer must inform the Seller thereof within fourteen (14) days, either by sending him by mail (paper or electronic) the standard form annexed to these GCS, or by clearly indicating , in writing, his will to retract, without any ambiguity and also including all the information necessary to process the request: detailed contact details of the Customer, order number. In accordance with the legislation in force, you can request the standard withdrawal form from the following email address: service.comptabilite@fourdata.io to be sent to us by post at the following address:

SAS FOUR DATA
67 rue godrans
21000 DIJON

7.2 Exclusion of the right of withdrawal

In accordance with Article L 221-28 of the Consumer Code, the Customer cannot exercise his right of withdrawal, in particular in the following cases:

– Products that cannot be returned for reasons of hygiene or health protection, if they have been unsealed or, after being delivered, have been inseparably mixed with other items ;

– Delivery of products that have been made according to the Customer’s specifications or clearly personalized;

7.3 Conditions for returning products

The Customer must return the Product to the Seller without undue delay, and at the latest, within fourteen (14) days following the communication of its decision to withdraw.

It is then necessary to return the Product without its original packaging, in perfect condition and unused, accompanied if necessary by all the accessories, instructions for use and documentation to the following address:

SAS FOUR DATA
67 rue godrans
21000 DIJON

A damaged or used Product cannot under any circumstances be reimbursed.

The Customer already accepts that in the event of exercise of his withdrawal period, all return costs will be at his expense (unless the Product, by its nature, cannot be returned normally by post , in accordance with Article L 221-23, paragraph 3 of the French Commercial Code).

7.4 Reimbursement incumbent on the Seller

The Seller is required to reimburse all sums paid by the Customer, including standard delivery costs, corresponding to the least expensive delivery method offered by the Seller.

The refund is due within a maximum period of fourteen (14) days following the date on which the Seller was informed of the Customer’s decision to withdraw. However, in accordance with article L 221-24, al 1. of the Consumer Code, the Seller may defer reimbursement until the Product is recovered or until the Customer has provided proof of shipment of this Product.

The Customer will be reimbursed by the means of payment initially used when placing the order, unless otherwise agreed by the parties.

8. PRICE

The prices are expressed in euros excluding VAT. The price indicated on the product sheets does not include delivery costs.

The Seller reserves the right to modify the prices at any time . However, for orders already placed, the prices defined are those in effect on the day the order is placed.

9. PAYMENT

The price of the Products is payable in cash on the day of the actual order. Payment is made by credit card bearing the initials CB/Visa/Mastercard in a secure SSL environment. The order validated by the Customer will only be considered final when the bank payment centers concerned have given their agreement. In the event of refusal by said centers, the order will be automatically canceled and the Customer notified by e-mail.

10. LEGAL GUARANTEES

In accordance with the provisions of the Consumer Code, the Products supplied by the Seller benefit from:

• the legal guarantee of conformity, for defective, spoiled or damaged products or products that do not correspond to the order (article L.217-4 and following),
• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use (articles 1641 to 1649 of the Civil Code),

Reminder of the provisions of the Consumer Code:

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

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him 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 specific to the use usually expected of a similar good 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 has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

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

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

The Seller also remains liable for redhibitory defects of the thing under the conditions provided for in articles 1641 to 1649 of the Civil Code.

– Article 1641 of the Civil Code: “ The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them .

– Article 1648 paragraph 1 of the Civil Code: ” The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect “.

Finally, it is recalled that article L.217-16 of the Consumer Code provides that ” 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 guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. “.

In order to assert his rights, the Customer must inform the Seller in writing (email or post) of the non-compliance of the Products or of the existence of a hidden defect.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller’s finding of the lack of conformity or the hidden defect. This refund can be made by bank transfer or check.
The Seller’s warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

10.1 Disclaimer of Warranties

Products that have been modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover Products returned damaged during transport or due to misuse.

For any questions, remarks or complaints, Customer Service is at your disposal:

– By phone at[03 73 27 50 32] price of a local call,

– By e-mail at: contact@bee2beep.com

– By post to the following address:

SAS FOUR DATA
67 rue godrans
21000 DIJON

For any request relating to the exercise of your rights concerning your personal data, the Customer may exercise his request by indicating his precise identity to the following address: contact@bee2beep.com
All requests must be signed and accompanied by a document to prove your identity.

11. INTELLECTUAL PROPERTY

The content of the Site is the exclusive property of the Seller and this in its entirety. This includes, in particular, all the texts but also any logo, image, distinctive sign or any graphics that may be found on the Site.
The Site is protected under intellectual property law and any reproduction, copy, modification, downloading or infringement whatsoever, whether in whole or in part, without the express authorization of the Seller, is strictly prohibited and exposes its author to lawsuits.

12. SELLER’S RESPONSIBILITY

12.1 Website

It is recalled that the Seller is simply bound by an obligation of means concerning the provision of the service of the Website. Although the Seller undertakes to make its best efforts to maintain continuity in the services offered by the Site, it may not, however, under any circumstances be held liable for breakdowns or technical problems which may cause a partial or total service on the Site.

Furthermore, the Seller reserves the right to interrupt the continuity of the service, in particular within the framework of a maintenance operation or for any modification or improvement that it deems appropriate. The Seller cannot, under any circumstances, be held responsible for any damage that may result from this fact.

It is reminded that the Customer is entirely responsible for the protection of his equipment and his computer equipment and can in no way engage the responsibility of the Seller if the said equipment or material were to be damaged in the context of the use of the Site.

12.2 Force Majeure

The Seller may in certain cases exonerate itself from liability by demonstrating that the non-performance or poor performance of its obligations under this Contract is attributable either to the Customer or to a case of force majeure, that is to say a fact beyond the control of the Seller or any other fact falling within the definition of force majeure with regard to the legislation in force.

13. PERSONAL DATA

The Seller is in compliance with the regulations in force on the protection of personal data. For more information, please read the personal data policy at the following link: https://bee2beep.com/confidentialite/

14. COOKIES

The Seller is in compliance with the regulations relating to the use of cookies. For more information, please refer to the online cookie policy on the site, which appears when logging in.