The present general conditions aim to define the terms of sale between the Optimal Tracking company and its customers as defined below. Under the present general conditions, a customer is any physical or legal person who places an order on the www.optimaltracking.com website, whether they are private individuals or not.
The present general conditions of sale govern the sale of the products found on the www.optimaltracking.com website on the day of placing the order. They shall apply regardless of whether the order is placed by internet, email, telephone, fax or post.
As the purchase of a product appearing on the Optimal Tracking website is not considered to be an act of everyday life, and in view of article 1124 of the Civil Code, all Optimal Tracking customers declare that they have the legal capacity to contract under the following conditions, i.e. they are an emancipated minor or have the legal age of majority and are not protected within the meaning of article 488 of the Civil Code.
The validation of an order by the customer automatically implies the express acceptance of the present general conditions of sale. These conditions shall apply to the exclusion of all other conditions, except for written agreement signed by the parties. Purchase by email, telephone, fax or post also implies the acceptance of these conditions. These can be read directly on the site. They may be sent by email, fax or post on simple request.
The present conditions are subject to change at any time, the customer is therefore invited to read them regularly.
Each version of these conditions bears a precise date, orders are therefore governed by the general conditions of sale published online and therefore in force on the date of the order.
Except in the case of information to the contrary specified on the site, all products sold by Optimal Tracking are new.
The products offered are in conformity with current European legislation and applicable standards.
Gifts may be offered depending on the product purchased. These gifts are listed on the pages of the products concerned. Customers may not claim any reduction or compensation if they refuse the gifts which they are offered, Optimal Tracking bearing the costs for these gifts. Gifts are neither guaranteed, nor taken back, nor exchanged.
Prices are indicated in euros including all taxes and excluding shipping costs. All orders, whatever their origin, are payable in euros. Optimal Tracking reserves the right to modify its prices at any time but the products shall be invoiced on the basis of the purchase price in effect at the time of the validation of the order, on condition of availability on that date.
All prices are subject to correction for obvious typographical errors.
Shipping costs are invoiced according to the estimated weight of the parcel (packaging and gifts included), the country of delivery and the selected carrier.
VAT applies to sales concluded with residents of the European Union. It does not apply to non-French companies of the European Union with an intra-community VAT Number. The VAT number must be entered when placing the order and validated by Optimal Tracking. The customer acknowledges and accepts that any order for which the VAT number has not been entered or validated will be invoiced including tax.
When customers are private individuals, they may order from Optimal Tracking either directly on the company’s website, or by email, telephone, fax or post.
When the customer places an order on the site, they themselves fill in their details on an appropriate form. Customers are invited to reread their order forms before validating their order. Optimal Tracking is not responsible for errors in sending email or parcels due to incorrectly completed forms.
An automatic email of confirmation of the order is sent to the customer on condition that the email address indicated on the order form does not contain an error.
Customers can cancel their order at any time, unless it has already been invoiced. In that case, and if the customer no longer wishes to receive the products they have ordered, two possibilities are available:
If the customer has ordered via the Optimal Tracking website, they may cancel their order by phone, fax or email. If the customer has used another mode of ordering, they must contact the Optimal Tracking sales department to cancel their order. Unless specifically stipulated for certain products, they will not be required to pay a financial penalty for the cancellation of an order.
The offers of products and prices are valid as long as they are visible on the site, within the limit of available stocks. Further information can be given by telephone, email or fax. If Optimal Tracking cannot provide a product, it shall notify the customer of the expected delay by email. Based on this new information, the customer can then choose to cancel their order or select an alternative product proposed by Optimal Tracking. In any case, no penalty will be applied for such cancellation of an order.
In the case of settlement by credit card, the customer’s bank account will only be debited once the order has been shipped. In the case of the partial shipment of an order, only the sum for articles shipped will be debited.
For payment by cheque, in case of the unavailability of all or part of the order, reimbursement will be made at the discretion of Optimal Tracking either by crediting the customer's bank account or by cheque no later than thirty days after cashing the cheque sent by the customer.
Optimal Tracking reserves the right to refuse to deliver or honour an order from a customer who has not settled all or part of a preceding order or from a customer with whom a litigation procedure is in progress.
Information relating to the customer’s order is verified for the purpose of combatting credit card fraud. Optimal Tracking is the recipient of the data concerning the customer’s order. The non-transmission of these data prevents the completion and the analysis of the transaction. In the case of a default of payment on the grounds of the fraudulent use of a bank card, the data relating to the order associated with this default will be registered in a file. An irregular declaration or an anomaly may also be the subject of specific treatment. In accordance with the Data Protection Act of 6 January 1978, the customer has, at any time, a right of access, rectification and opposition to the whole of their personal data by writing to Optimal Tracking, accompanied by a justification of identity
. In addition and in this same context, Optimal Tracking may request the customer to provide any documents necessary to process the order, including proof of residence, identity document, etc.
Optimal Tracking remains the owner of the goods delivered until their payment in full by the customer. The above provisions do not preclude, after delivery of the goods, the transfer to the customer of the risks of loss or deterioration of the goods subject to retention of title, as well as any damage they could cause.
The purchase order that the customer establishes on line does not have the value of an invoice. The customer receives an invoice in the package at the time of delivery, regardless of the method of placing the order and the mode of payment. Optimal Tracking stores a digital copy of every invoice.
Orders placed by internet are treated consecutively from Monday to Friday. The time required to process the order varies as a function of the mode of payment chosen (for example, the customer must take into account the time required to process a bank transfer), the availability of stocks and the procedures in force at Optimal Tracking. Preparation time can thus vary between several minutes and several days.
This depends on the carrier chosen by the customer. Optimal Tracking informs its customers that the delivery times announced have been provided by the carriers. Optimal Tracking makes this information available to customers for informational purposes only. Thus, the non-respect of these times by the carriers cannot in any case engage the liability of Optimal Tracking. In addition, Optimal Tracking wishes to inform its customers that these time periods do not include Sundays and holidays and also depend on the accuracy of the address provided by the customer when placing the order as well as the customer’s availability to receive the parcel. Customers are reminded of these periods on the purchase order when placing the order.
If Optimal Tracking has the product in stock, the delivery time is equal to the preparation time of the order plus the transport time. If Optimal Tracking does not have the product in stock, the time required for the product to arrive in the Optimal Tracking stock must be added to the preparation time and transport time. Once the initial period announced has been exceeded, a new delivery date will be communicated to the customer, based on the information available to Optimal Tracking. In all cases, a proposal for cancellation may also be made to the customer.
Products for shipping are packaged respecting the applicable standards. The procedures and techniques used may be modified for a general optimisation of packaging, with a constant goal of providing customer satisfaction.
If the customer places an order on the website, an automatic email of confirmation of dispatch of the parcel is sent to the customer on condition that the email address indicated on the order form contains no errors.
The number of the parcel that has been dispatched is available at the end of the day on the customer’s order tracking page. With this number the customer can track their parcel on the carrier’s website. Parcel tracking depends on the carrier and is under their responsibility. Optimal Tracking is not responsible for errors that may be found on the carriers’ websites, nor for any errors or faults in computer systems that could hinder the possibility offered to the customer to track their parcel on those websites.
Optimal Tracking works with various carriers. It is the responsibility of the customer to designate the carrier of their choice when placing the order. Carriers do not deliver to the same locations, therefore the choice of carrier is not the same depending on the destination.
The products are delivered by default to the delivery address indicated by the customer on the order. If the delivery address is different from the billing address, the customer shall indicate both addresses on the purchase order and the parcel will be delivered to the specified delivery address.
Depending on the situation, the carrier may leave a missed delivery notice in the customer’s letterbox, inviting them to contact the nearest post office or depot or to contact the service to make an appointment. This situation is usually specified on the carrier’s internet site. If the missed delivery notice is not found by the customer, it is their responsibility to track the parcel on line in order to be informed of the situation in the shortest possible time.
It is possible that a parcel may not arrive within the time guaranteed by the post office or carrier. In the case of delivery by the Post Office, the customer should first contact their distributing branch. In all cases (Post Office or carrier), if the delay is very serious the customer can contact Optimal Tracking in order to open an enquiry to locate the parcel: it is possible that it may be lost.
In this case, Optimal Tracking is obliged to respect the deadlines imposed by the Post Office or by the carriers concerning the declaration of loss and the reimbursement of the shipment. The customer is also bound by these deadlines:
Parcels must be signed for by the customer. Any product delivered must be checked and any reservations must be made on the carrier’s delivery slip in case of partial or total deterioration. If no reservations have been made, the goods are deemed delivered in good condition and cannot be the subject of any subsequent claim against Optimal Tracking. Customers are reminded that if the recipient wishes to preserve the right of recourse against the carrier it is their responsibility to present a substantiated claim to the carrier within 3 business days following the day of delivery. This claim must be made by registered post with acknowledgement of receipt.
Any parcel not claimed and returned to Optimal Tracking may be re-dispatched at the recipient’s expense.
Upon receipt of the parcel by the customer, the latter must declare to Optimal Tracking by telephone, fax, email or post any claim for non-conformity of the nature, quantity or quality of the products with regard to the information appearing on the invoice. Any claim for non-conformity must be made before 10:00 am on the business day following the delivery of the parcel. Any claim not made within the rules defined above and within the stipulated time limits cannot be taken into account and will release the company from any responsibility with respect to the customer.
In the case of a strike of the postal services or carriers or any other event of an exceptional nature that delays or prevents the delivery of packages, Optimal Tracking will employ all means to inform the customer of the status of the shipment of their parcel.
It is the customer’s responsibility to check with the local authorities of their place of residence on the conditions of entry of the products ordered and to make any relevant declarations and/or payments to the competent agencies of the country concerned.
They must check with the local authorities on the possibilities of importation or use of the products or services they have ordered.
Customers must ensure that the specific technical features of the products ordered comply with the legislation of the country concerned.
Optimal Tracking cannot be held responsible if the customer does not comply with the legislation of the country into which they have introduced the products.
In this paragraph, the term ‘Product’ refers to the set of products manufactured by Optimal Tracking and ordered by the customer.
Optimal Tracking guarantees the Product against any defect in material or construction under normal conditions of use and during a period of 1 year from the date of purchase. The original purchase invoice or receipt, indicating the date of purchase of the Product, is proof of the date of purchase. All software provided with the Product, including firmware, is provided ‘as is’. Optimal Tracking does not guarantee that the operation of this software will be uninterrupted or error free, nor does it guarantee that the software will meet the needs of the customer.
If the customer makes a claim under this Warranty, Optimal Tracking will, at its discretion, repair or replace all or part of the defective Product covered by the Warranty with new or reconditioned products or parts. If Optimal Tracking opts for the use of reconditioned parts or products, these will have characteristics or performance equivalent to new products.
All parts disassembled and products replaced under the Warranty become the property of Optimal Tracking.
This Warranty does not apply:
OPTIMAL TRACKING EXCLUDES ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE. IN NO CASE CAN OPTIMAL TRACKING BE HELD RESPONSIBLE FOR ANY INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, NOTABLY INCLUDING LOSS OF INCOME, LOSS OF PROFIT, LOSS OF DATA OR PERIODS OF IMMOBILISATION, WHETHER THE CLAIM FOR LIABILITY BE CONTRACTUAL, IN TORT, OR BASED ON A GUARANTEE, AND WHETHER IT IS BASED ON THE USE OR OPERATION OF THE PRODUCT OR ANY SOFTWARE PROVIDED BY OPTIMAL TRACKING WITH THE PRODUCT, EVEN IF OPTIMAL TRACKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
When making a claim within the scope of this Warranty, the customer acknowledges that the repair and, according to availability, the replacement of the Product in accordance with and within the limits of this Warranty constitute their sole and exclusive remedy against Optimal Tracking under the terms of this Warranty in the event of the default of the Product covered by this Warranty.
A product is understood to be entire; therefore, if the customer has ordered a pack and is not satisfied with one of the components of the pack, they must nevertheless return the entire pack. Optimal Tracking reserves the right to return any incomplete packages to the customer.
The customer must inform Optimal Tracking of their intention prior to returning the parcel. This can be done by email, telephone, fax or post. The permitted time limit to contact our customer service depends on the reason for the return. The request for return must be made to Optimal Tracking customer service, who will issue a return authorisation number. Upon receipt of the authorisation, the customer has 5 days to return the product to the address provided. Beyond this limit, the returned parcel will be refused. Optimal Tracking advises customers to return the parcel by a means of transport that will enable the customer to track and verify the proper delivery of the parcel to the address provided. Otherwise, if the parcel shipped by the customer to the services of Optimal Tracking does not arrive, the customer will not be able to initiate proceedings with the carrier to locate it. The customer should note that Optimal Tracking cannot be held responsible for any parcel not shipped by the latter. Only the sender of the parcel is able to initiate an enquiry with the postal services.
Please note: After receipt, the services of Optimal Tracking will check the conformity of the returned product and the reason for return. If the returned product is not compliant, it will be refused by the services of Optimal Tracking and will be returned to the customer, at the customer’s expense. If the motive for return is not valid, the product may be refused and therefore be returned to the the customer at the customer’s expense. The reason for return may be re-classified. In this case, the customer will be informed by email and the treatment of their return will be carried out as a function of the new motive.
In accordance with European directives, consumers have a period of 7 working days from the date of receipt of their order to return any article that does not suit them in its original packaging, in good condition and suitable for re-sale, and request its exchange for another item or refund without penalty, with the exception of the transport costs for return. The consumer thus has 7 days in which to indicate to Optimal Tracking their intention to withdraw in order for customer service to assign a return authorisation number.
CAUTION: No withdrawal will be accepted if the returned product is unsuitable for resale.
After receipt and acceptance of the package by the services of Optimal Tracking, depending on the nature of the product, available stocks and according to the consumer’s wish, Optimal Tracking will propose to send a product of equivalent value in exchange.
Otherwise, a credit note will be established. This will correspond to the amount of the entire order.
If the customer chooses to be reimbursed and subject to the respect of the preceding conditions, a refund of the value of the credit note will be made within 30 days following the receipt of the product by Optimal Tracking.
The customer shall assume the expense of return shipping in the case of withdrawal.
From the date of receipt of the package, the customer must report the receipt of a product that fails on startup before 10:00 a.m. on the next business day. When requesting a return it is essential that the customer describes the problem encountered with their product as clearly as possible. Optimal Tracking customer service will issue a return authorisation number. The product must be returned by the customer in its original packaging, even if it has been opened. The product must be accompanied by all its accessories (notices, leads, guarantees, etc.).
For their request to be handled correctly, the consumer must always indicate their purchase order number and full details.
CAUTION: Only those products justifying a failure on startup confirmed by the manufacturer will be accepted. Otherwise the product will either be returned to the customer at the latter’s expense or the return will be re-classified under an appropriate motive.
After receipt and acceptance of the package by the services of Optimal Tracking, depending on the nature of the product, available stocks and according to the consumer’s wish, Optimal Tracking will propose to send back the product or send a product of equivalent value in exchange.
Otherwise, a credit note will be established. This will correspond to the amount of the entire order.
If the customer chooses to be reimbursed and subject to the respect of the preceding conditions, a refund of the value of the products stated on the purchase invoice will be made within 30 days following receipt of the product by Optimal Tracking.
The customer has 15 days to report to Optimal Tracking that the product received is not the product ordered, including for errors of compatibility, reference, problem of size, colour, characteristics, an entirely different product received, etc., to enable Optimal Tracking customer service to assign a return authorisation number. The product must be returned in good condition and in its original packaging, even if the latter has been opened, with its entire contents (accessories, leads, notices, CD, etc.).
For their request to be handled correctly, the consumer must always indicate their purchase order number and full details.
After receipt and acceptance of the package by the services of Optimal Tracking, depending on the nature of the product, available stocks and according to the consumer’s wish, Optimal Tracking will propose either to send back the product initially ordered or to send a product of equivalent value in exchange. Otherwise, a credit note will be established. This will correspond to the amount of the entire order. If the customer chooses to be reimbursed and subject to the respect of the preceding conditions, a refund of the value of the credit note will be made within 30 days following the receipt of the product by Optimal Tracking.
Confidential information is supplied to Optimal Tracking when placing the order. This information is the property of Optimal Tracking and will not be disclosed to any third party.
All information is collected lawfully and in accordance with the Data Protection Act of 6 January 1978.
In compliance with the Data Protection Act of 6 January 1978, the customer has a right to access and modify personal data concerning them. Proof of identity will be requested. The information will be provided within 30 days following the request.
Optimal Tracking undertakes not to disclose to third parties information communicated to them by the customer. This information is confidential. It will only be used for the treatment of the order and to strengthen or personalise communication and the offer of services reserved for Optimal Tracking customers, in particular via the Optimal Tracking newsletters to which the customer has subscribed, as well as in the context of the personalisation of the website as a function of the client’s centres of interest.
Data relative to an order are treated through an automated process. The purpose of this automated data processing is to define a level of analysis of a transaction and to combat bank card fraud.
In the case of a default of payment on the grounds of the fraudulent use of a bank card, the data relating to the order associated with this default will be registered in a payment incident file. An irregular declaration or anomaly may also be the subject of specific treatment.
Optimal Tracking takes all necessary precautions to secure the details of the order and the payment, but, except in cases of negligence on its part, Optimal Tracking cannot be held responsible for any losses or leakage resulting from unauthorised access to information that the customer has provided.
· The products offered conform with current European legislation and the standards applicable in the Europe Union. Optimal Tracking disclaims any liability in the event that the article delivered does not comply with the legislation of the country of delivery other than within the European Union.
· The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. Consequently, Optimal Tracking cannot be held liable in case of an error or omission in any of these photographs, texts or graphics, product information or characteristics; nor can they be held liable in the case of a modification of the characteristics of the products.
· Optimal Tracking undertakes to provide all due care to implement the service offered to the customer. Nevertheless, Optimal Tracking cannot be held responsible for a default of contractual obligation in the event of a stock shortage or the unavailability of the product, force majeure as defined by French case law, total or partial disruption due to strikes by the postal services or means of transport and/or communications, and floods or fires on its premises.
· Optimal Tracking will therefore not incur any responsibility for any consequential damages, operating loss, loss of profit, loss of opportunity, data loss, damages or expenses, which may arise from the purchase of the products.
· Optimal Tracking reminds customers that it is prudent to backup the data contained in the products purchased. Optimal Tracking cannot be held responsible for any loss of data or files nor for the damage defined in the previous paragraph.
· The total or partial inability to use the products, in particular due to the incompatibility of the equipment, may not give rise to any compensation or reimbursement or liability on the part of Optimal Tracking.
· Optimal Tracking shall not be held liable for any injury whatsoever resulting from a professional activity.
· Optimal Tracking shall be released from its obligations of delivery in an event of force majeure. · Optimal Tracking disclaims any liability for the misuse of products that the customer has ordered.
· If the customer is a professional or if the goods are used in whole or in part for professional purposes, Optimal Tracking cannot be held liable for any consequences related to the use of these products in the context of the customer’s activity, either directly or indirectly, and for any reason whatsoever.
· Websites directly or indirectly linked to Optimal Tracking websites are not under the control of the Optimal Tracking company. Consequently, Optimal Tracking assumes no responsibility for the information published on these websites. Links to third-party websites are only provided as a convenience and do not imply any guarantee as to their content. · As regards Optimal Tracking products intended for the surveillance or the identification of individuals, animals or objects, the customer acknowledges that they understand that these products do not override good sense or individual responsibility, nor are they designed to replace the vigilance of parents and / or responsible adults. Therefore, even provided with these products, the customer must continue to:
· Optimal Tracking insists on the fact that the client must read all the safety instructions in the manual before using the products. If the customer does not agree to comply with these instructions, they can use the provision of withdrawal referred to in paragraph 10.2.
THE OPTIMAL TRACKING COMPANY CANNOT BE HELD RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGE, INJURY, DROWNING, KIDNAPPING, DISAPPEARANCE OR DEATH AFFECTING AN INDIVIDUAL, ANIMAL OR OBJECT.
THE LIABILITY OF OPTIMAL TRACKING IS IN ALL CASES LIMITED TO THE PRICE PAID FOR THE GOODS PURCHASED.
This contract is subject to French law. The language of this contract is the French language. In the event of litigation, the courts of Aix en Provence shall have sole jurisdiction.
VERSION OF 15 JUNE 2010