General Terms and Conditions of Sale (G.T.S.)
ARTICLE 1 - Scope of application
These Terms of Sales apply, without restriction or reservation to any purchase of the following services:
- The Lockee.fr website is a digital padlock service. We offer monthly and annual subscriptions to provide premium access to our service, to take advantage of more attractive limits and advanced features. These advantages are described in the presentations of the various subscriptions before any payment is made.
As offered by the Service Provider to non-professional and professional customers (Customers or the Customer) on the Lockee.fr website.
The main characteristics of the Services are presented on the Lockee.fr website.
The Customer is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
In addition, the Customer is entitled to a free seven-day trial period for any initial subscription, in order to check that the Service meets his/her requirements.
These terms and conditions are available at all times on the lockee.fr website and shall prevail over any other document.
The Customer declares to have read these GTS and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the Lockee.fr website.
In the absence of proof to the contrary, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with the Customer.
The Service Provider's contact details are as follows:Nicolas Desmarets, Auto-entreprise
Immatriculé au RCS de ########, sous le numéro ########
72100 Le Mans
Email : firstname.lastname@example.org
Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the customer.
ARTICLE 2 - Prices
The Services are provided at the prices in force on the Lockee.fr website, when the order is registered by the Service Provider.
Prices are expressed in Euros and include VAT.
The prices take into account any discounts granted by the Service Provider on the Lockee.fr website.
These prices are firm and non-revisable during their period of validity, but the Service Provider reserves the right, outside their period of validity, to modify the prices at any time.
Prices do not include processing, shipping, transport and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Service Provider and sent to the Customer upon delivery of the Services ordered.
ARTICLE 3 - Orders
It is the Customer's responsibility to select the Services they wish to order on the Lockee.fr website, in accordance with the following procedures:
The Customer must first create an account on Lockee.fr. From his dashboard, he can then choose a subscription adapted to his needs. If this is the customer's first subscription, he or she can take advantage of a free seven-day trial period. In all cases, they will then be redirected to our payment gateway to register their card and/or make their payment. Once this has been done, they will be redirected to their dashboard with its new functionalities.
If the Customer does not cancel the subscription before the end of the free trial period, then billing will begin according to the service ordered.
The sale will not be considered valid until full payment has been received. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the Lockee.fr website constitutes the formation of a contract concluded remotely between the Customer and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order on the website.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, according to the following methods:
- Payment by credit card
- Payment by an external service: PayPal, Apple Pay, Google Pay, etc.
The price is payable in cash, in full, on the day the Services are provided, in accordance with the conditions defined in the article "Provision of Services" and as indicated on the invoice sent to the Customer.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the Lockee.fr website.
Payments made by the Customer will only be considered final once the amounts due have been effectively collected by the Service Provider.
The Service Provider shall not be obliged to provide the Services ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.
ARTICLE 5 - Provision of Services
The Services ordered by the Customer will be provided as follows:
The Services ordered can be accessed directly on the Lockee.fr website.
The said Services will be provided within a maximum period of one hour from the final validation of the Customer's order, under the conditions set out in these GTS at the address indicated by the Customer when placing the order on the Lockee.fr website.
The Service Provider undertakes to use its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the time limits specified above.
If the Services ordered have not been supplied within seven days of the indicative supply date, for any reason other than force majeure or the Customer's fault, the sale of the Services may be cancelled at the Customer's written request under the conditions set out in articles L 216-2, L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of a specific request by the Customer concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the costs relating thereto will be subject to specific additional invoicing at a later date.
In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the latter shall be deemed to be in conformity with the order, in terms of quantity and quality.
The Customer shall have a period of 14 days from the provision of the Services in which to submit complaints to the Service Provider by e-mail: email@example.com, together with all supporting documents.
No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.
The Service Provider will rectify as soon as possible and at its own expense the Services whose lack of conformity has been duly proven by the Customer. Should the Service Provider be unable to rectify the defect, it undertakes to reimburse the Customer (pro rata for the remaining subscription period).
ARTICLE 6 - Right of withdrawal
Given the nature of the Services provided, orders placed by the Customer do not benefit from the right of withdrawal.
After the 7-day trial period, the Customer may not request a refund, except in the case of lack of conformity (as indicated in ARTICLE 5 - Supply of Services).
The contract is therefore definitively concluded as soon as the order is placed by the Customer in accordance with the terms and conditions specified in these GTS.
ARTICLE 7 - Liability of the Service Provider - Warranties
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect resulting from a design or production fault in the Services ordered under the following terms and conditions: Legal warranty provisions
ARTICLE L217-4 of the French Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility."
ARTICLE L217-5 of the French Consumer Code
"The goods comply with the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."
Article L217-12 of the French Consumer Code
"Any action resulting from a lack of conformity must be brought within two years of delivery of the goods."
ARTICLE L217-16 of the French Consumer Code
"When the buyer asks the seller, during the course of the commercial warranty granted at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for repair, or from the date the item is made available for repair, if the item is made available after the request for repair."
In order to assert its rights, the Customer must inform the Service Provider, in writing (e-mail or letter), of the existence of the defects or lack of conformity.
The Service Provider will reimburse or rectify or have rectified (as far as possible) the services deemed defective as soon as possible and at the latest within seven days of the Service Provider's discovery of the defect or fault. Reimbursement may be made by bank transfer or cheque.
The Service Provider's warranty is limited to the reimbursement of Services actually paid for by the Customer.
The Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of an event of force majeure as usually recognized by French case law.
The Services provided through the Provider's Lockee.fr website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of Services requested, to check.
ARTICLE 8 - Availability and maintenance
The Customer accesses the ordered Service by logging into his user account with the email address and password used to create his personal account.
The Customer will have access to the online Service on the Lockee.fr website 24 hours a day, 7 days a week, except in the event of maintenance operations, possible breakdowns or force majeure affecting the Service Provider.
The Lockee.fr website and the Service are regularly updated by the Service Provider.
These regular updates will generally have no impact on the Customer and his access to the Service. Should this not be the case, we undertake to inform the Customer as soon as possible.
ARTICLE 9 - Personal data
The Customer is hereby informed that the collection of his personal data is necessary for the sale of the Services and their performance and delivery, as well as for their transmission to third parties involved in the performance of the Services. This personal data is collected solely for the purpose of executing the service contract.
9.1 Collection of personal data
The personal data collected on the Lockee.fr website is as follows:
When creating a customer/user account:
First name, last name and e-mail address.
As part of the payment of the Services offered on the Lockee.fr website, the latter (or third parties involved in making payments) records financial data relating to the Customer's bank account or credit card.
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Service Provider and its employees.
The data controller is the Service Provider, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.
9.3 Limitation of processing
Unless the Customer expressly agrees, personal data will not be used for advertising or marketing purposes.
9.4 Data retention period
The Service Provider will keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
9.5 Security and confidentiality
The Service Provider implements organizational, technical, software and physical digital security measures 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 Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
9.6 Implementation of Customer and user rights
In application of the regulations applicable to personal data, Customers and users of the Lockee.fr website have the following rights:
- They may update or delete their personal data as follows:
By logging in to their user account and going to their personal space where their account is managed.
- They can delete their account by writing to the e-mail address indicated in article 9.2 "Recipients of personal data".
- They may exercise their right of access to their personal data by writing to the address indicated in article 9.2 "Recipients of personal data".
- If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.2 "Recipients of personal data".
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.2 "Recipients of personal data".
- They may also request the portability of data held by the Service Provider to another service provider.
- Finally, they may object to the processing of their data by the Service Provider.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the data controller whose contact details are given above.
The data controller must reply within a maximum of one month.
Any refusal to grant the Customer's request must be justified.
Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Service Provider. Customers may withdraw their consent at any time by contacting the Service Provider (see contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the Lockee.fr website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to French law.
These GTS are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint, please contact the Customer Service Department at the postal or e-mail address of the Service Provider indicated in ARTICLE 1 of these GTS.
The Customer is also informed that he/she may have recourse to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm
All disputes arising from the purchase or sale transactions concluded in application of these GTS and which have not been settled amicably by the Vendor or by mediation, will be submitted to the competent courts under the conditions of common law.