Terms and conditions of sale :
ARTICLE 1 – Scope
These general conditions of sale apply, without restriction or reservation, to all sales made by sentidrive to non-professional consumers and buyers (the “customer”), for any purchase or use of a sentinel (the “product”) on the www.sentidrive.com website (the “site”) and subscription to use the product (the “subscription”).
The products offered for sale on the site are as follows:
a system dedicated to the safety of motorcyclists and their vehicles that performs 3 related functions:
- Standalone video recording
- Fall detection
- Prevention against theft and damage
- System spare parts
- all accessories intended for the motorcycle.
To use the product, the customer must subscribe to a subscription and activate it in his “my space” user space. If a subscription is not subscribed, the product cannot be used.
The three Subscription formulas proposed at the Customer’s choice are as follows:
- Monthly subscription with 12-month commitment
- One-year prepaid subscription
- Three-year prepaid subscription
The main characteristics of the Product and in particular the specifications, illustrations and indications of size or capacity of the Product, are presented on the Site.
The Customer is required to read it before placing an order.
The selection and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Site are not contractual and do not engage the responsibility of SENTIDRIVE.
The Customer is required to refer to the description of the Product to know its properties and essential particularities.
Product offers are within the limits of available stocks.
The contact details of SENTIDRIVE are as follows:
SENTIDRIVE
9 Rue du Colonel Chambonnet
69500 BRON – FRANCE
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.
These General Conditions of Sale are accessible at any time on the Site and will prevail, if necessary, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them by ticking the appropriate box for this purpose before paying the online order as well as the general conditions of use of the Site.
These General Conditions of Sale may be subject to subsequent amendments, the version applicable to the Customer’s purchase is the one in force on the Site on the date the order is placed.
Unless proven otherwise, the data recorded in the SENTIDRIVE computer system constitutes proof of all transactions concluded with the Customer.
The validation of the order by the Customer implies acceptance without restrictions or reservations of these General Conditions of Sale.
The Customer acknowledges that he has the necessary capacity to contract and purchase the Product and subscribe to the Subscription offered on the Site.
Changes to these General Conditions of Sale are binding for users of the Site from the moment they go online and cannot be applied to transactions concluded previously.
ARTICLE 2 – Orders
It is up to the Customer to select the Product and Subscription he wishes to subscribe on the Site, in the following ways:
- Go to www.sentidrive.com
- Select product, subscription and accessories
- Click on add to cart or subscribe to the service (chosen according to the selected product)
- Access your cart and validate your order
- Comprehensive billing and delivery information
- Choose a payment method
- Proceed to payment
During a first order placed by the Customer on the Site, he must create an account and enter his e-mail address and password. The creation of the account requires the communication of the following information: surname (s), first name (s), email address.
The contractual information is presented in French and is subject to confirmation at the latest when the order is validated by the Customer.
Product offers are valid as long as they are visible on the Site, within the limits of available stocks.
The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming its acceptance (Article 1127-2 of the Civil Code). This validation implies acceptance of all these General Conditions of Sale and constitutes proof of the sales contract.
The sale will be considered final only after the confirmation of acceptance of the order has been sent to the Customer by SENTIDRIVE by e-mail and after the latter has received the full price.
It is therefore up to the Customer to verify the accuracy of the order and immediately report any errors.
Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and SENTIDRIVE.
SENTIDRIVE reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.
The Customer can follow the progress of his order through his user space “My space”.
ARTICLE 3 – Fees
The Products and Subscriptions are provided at the current prices that appear on the Site at the time SENTIDRIVE registers the order. Prices are expressed in Euro, VAT included.
The rates take into account any reductions that may be granted by SENTIDRIVE on the Site.
These prices are firm and cannot be changed during their validity period, as indicated on the Site, SENTIDRIVE reserving the right, outside this period of validity, to change prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
ARTICLE 4 – Payment terms
The price of the Product is payable in cash, in full on the day of the order by the Customer, by secure payment, according to the following methods: by credit card (Carte Bleue, Visa, Mastercard).
Payment data is exchanged in encrypted mode using the SSL protocol, which systematically checks the validity of access rights when paying by credit card and encrypts all exchanges to ensure confidentiality.
As part of the fight against fraud, the 3D Secure secure payment system has been implemented. The 3D Secure (or Verified by Visa) system is an authentication payment system that increases security when shopping online. The authentication process is specific to your bank. Therefore, when validating your payment, authentication can be done through a password, a date of birth or, most often, through a single-use code, received directly on your mobile.
The payment of the Subscription is made according to the choice of the Customer at the time of placing the order, namely:
- full prepayment in cash by credit card (Carte Bleue, Visa, Mastercard);
- monthly payment by direct debit (SEPA direct debit mandate) or bank card registered at the time of subscription.
For any subscription paid by monthly direct debit, the Customer expressly agrees that SENTIDRIVE retains its bank details to secure such direct debits (see conditions for storing bank data set out in the Data Protection Policy). The Customer must, if necessary, update his bank details before any direct debit. The Customer must reimburse all bank charges that would be borne by SENTIDRIVE in the event of a payment incident.
ARTICLE 5 – Deliveries of products
The Products ordered by the Customer will be delivered within 3 days from the confirmation of acceptance of the order to the address indicated by the Customer when ordering on the Site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product.
SENTIDRIVE undertakes to do its best to deliver the products ordered by the Customer within the terms specified above. However, these deadlines are provided for information purposes only.
If the Products ordered have not been delivered within 30 days from the indicative delivery date, for any reason other than force majeure or act of the Customer, the sale may be canceled at the written request of the Customer within the conditions provided for in articles L 216-2, L 216-3, L 241-4 of the Consumer Code. The sums paid by the Customer will then be returned no later than fourteen days from the date of termination of the contract, excluding any compensation or deduction.
Deliveries are made by an independent carrier, to the address indicated by the Customer at the time of the order and to which the carrier can easily access.
In case of specific request by the Customer regarding the conditions of packaging or transport of the ordered products, duly accepted in writing by SENTIDRIVE, the related costs will be subject to further specific invoicing, upon estimate previously accepted in writing by the Customer.
The Customer is required to check the status of the products delivered. You have a period of 24 hours from delivery to formulate by e-mail, to the following address: sav@sentidrive.com, any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example damaged package already opened, etc.), with all supporting documents (photo in particular). After this period and in the absence of these formalities, the Products will be considered compliant and free from any apparent defect and no claim can be validly accepted by SENTIDRIVE.
SENTIDRIVE will refund or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or visible or hidden defects have been duly demonstrated by the Customer, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
ARTICLE 6 – Transfer of ownership – Transfer of risks
The transfer of ownership of the SENTIDRIVE Products to the Customer will only take place after full payment of the price by the Customer, regardless of the date of delivery of the Products.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to them will take place only when the Customer takes physical possession of the Products. The Products therefore travel at the risk of SENTIDRIVE.
ARTICLE 7 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from SENTIDRIVE, without having to justify the reasons or pay a penalty, at the end of the exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days of notifying SENTIDRIVE of the Customer’s decision to withdraw.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) that allow them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, dirty or incomplete products are not collected.
The right of withdrawal may be exercised online, using the withdrawal form available on the Site, in which case SENTIDRIVE will immediately communicate to the Customer an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the wish to retract.
In case of exercise of the right of withdrawal within the aforementioned term, only the price of the Product (s) purchased and the delivery costs are refunded; the return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by SENTIDRIVE of the Products returned by the Customer under the conditions set out in this article.
With regard to the Subscription, the fourteen-day right of withdrawal starts from the subscription of said Subscription by the Customer. The refund is made pro rata temporis by SENTIDRIVE.
ARTICLE 8 – Duration of the Subscription
The subscription of a Subscription commits the Customer for the duration indicated in the Subscription formula chosen by him (the “Initial Subscription Period”).
At the end of the Initial Subscription Period, Subscriptions automatically renew under the same price terms.
If the Customer does not wish to renew his Subscription or wishes to subscribe to a new Subscription, he has the possibility to manage his Subscription in his “My Space” user space.
Article L.215-1 of the Consumer Code
For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by personal letter or dedicated e-mail, no earlier than three months and no more than one month before the expiry of the period authorising the refusal of renewal, of the possibility of not renewing the contract concluded by tacit renewal. This information, made in clear and understandable terms, shows, in a visible box, the deadline for non-renewal.
Where that information has not been provided to him in accordance with the first subparagraph, the consumer may terminate the contract free of charge at any time from the date of renewal.
Advances made after the last renewal date or, in the case of a contract of indefinite duration, after the date of transformation of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, minus the sums corresponding, up to this point, to the performance of the contract.
The provisions of this Article shall apply without prejudice to those which make certain contracts legally subject to specific rules on consumer information.
ARTICLE 9 – Liability of SENTIDRIVE – Warranty
The Products sold on the Site comply with the regulations in force in France and have services compatible with non-professional uses.
The Products supplied by SENTIDRIVE benefit automatically and without additional consideration, regardless of the right of withdrawal, according to the provisions of the law,
- the legal guarantee of conformity, for Products that appear defective, defective or damaged or that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or workmanship affecting the products delivered and making them unfit for use
under the conditions and in the manner set out in the box below and defined in the annex to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
Please note that as part of the legal guarantee of conformity, the Customer:
- you benefit from a period of two years from delivery of the goods to take action against SENTIDRIVE;
- you can choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following delivery of the Product.
The legal guarantee of conformity applies regardless of the commercial guarantee that may cover the Product. The Customer may decide to make use of the guarantee against hidden defects of the Product pursuant to Article 1641 of the Civil Code; In this case, you can choose between terminating the sale or reducing the sale price pursuant to art. 1644 cc.
To assert their rights, the Customer must notify SENTIDRIVE, in writing, of the non-conformity of the Products within a maximum period of 48 hours from delivery of the Products or the existence of hidden defects within the aforementioned periods. and return or return to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
SENTIDRIVE will refund, replace or have repaired Products or warranty parts deemed to be non-conforming or defective.
Shipping costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of receipts.
Refunds for Products deemed non-conforming or defective will be made as soon as possible.
The refund will be made by bank transfer or check.
SENTIDRIVE cannot be held responsible in the following cases:
- non-compliance with the legislation of the country where the products are delivered, which it is up to the Customer to verify,
- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, such as in case of normal wear and tear of the Product, unforeseeable circumstances or force majeure.
The SENTIDRIVE warranty is, in any case, limited to the replacement or refund of non-conforming or defective Products.
The Customer accepts that the replacement of a defective or non-conforming Product can be made with a reconditioned product of equivalent quality.
ARTICLE 10 – Protection of personal data
In application of Law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the issuance of invoices, in particular.
These data may be communicated to any SENTIDRIVE partners in charge of the execution, processing, management and payment of orders.
The processing of information communicated through the Site meets the legal requirements for the protection of personal data, the computer system used guarantees optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.
This right can be exercised under the conditions and in the manner defined on the Site.
All information relating to personal data collected and processed by SENTIDRIVE is indicated in the Privacy Policy.
ARTICLE 11 – Intellectual property
The content of the Site is the property of SENTIDRIVE 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 a crime of counterfeiting.
ARTICLE 12 – Prevention
These General Conditions of Sale expressly exclude the legal contingencies regime provided for by art. 1195 cc for all transactions of Sale of SENTIDRIVE Products to the Customer and the subscription of a Subscription by the Customer. SENTIDRIVE and the Customer therefore renounce each to avail themselves of the provisions of art. 1195 c.c. and the supervening regime provided therein, committing itself to assume its obligations even if the contractual balance is disturbed by circumstances at the time unforeseeable of the conclusion of the sale, even if their execution proves to be excessively burdensome and bears all the economic and patrimonial consequences.
ARTICLE 13 – Force majeure
Any case of force majeure within the meaning of Article 1218 of the Civil Code as well as any event, foreseeable or not at the time of the sale, which is reasonably beyond its control, including the cannot prevent or prevent its effects and which is such as to prevent it, temporarily or permanently, constitute grounds for exemption from SENTIDRIVE’s liability, to fulfil all or part of its contractual obligations, taking into account the normal diligence that may be required of it.
SENTIDRIVE will inform the Customer of any force majeure event by post, telephone, fax or electronic message and as soon as possible.
The event constituting force majeure will have the effect of suspending the execution of the obligation for which SENTIDRIVE is responsible. Once the contractual terms have been extended for a period equal to that of the effects of this event, no compensation will be due to the Customer.
However, if the circumstances that led to the suspension of the contract persist for more than two (2) months from the date of communication to the Customer of the occurrence of the force majeure event, each party will have the right to request the termination of the sales contract, excluding any compensation.
ARTICLE 14 – Termination of the Subscription
14.1 Termination at the initiative of SENTIDRIVE
In the event of an accident or non-payment of the Subscription by the Customer, SENTIDRIVE reserves the right to automatically terminate the Subscription with immediate effect. In the event of termination of the Subscription by SENTIDRIVE, the balance of the subscription fees due up to the end of the current contractual period shall become immediately due and shall be paid by the Customer within 10 days to SENTIDRIVE.
14.2 Termination at the initiative of the Customer
- Termination during the Initial Subscription Period
The Customer may terminate the Subscription in the event of loss, theft, destruction or sale of his motorcycle. You must then send your request for termination together with any supporting documents to the following address:
SENTIDRIVE
9 Rue du Colonel Chambonnet
69500 BRON – FRANCE
Termination will take place within 10 days of acceptance of the resolution request by SENTIDRIVE.
The Customer is responsible for paying the periodicity of the Subscription during which the termination occurs.
- Termination after the Initial Request Period
At the end of the Initial Subscription Period, the Customer may terminate the Subscription at any time by sending its cancellation request to the following address:
SENTIDRIVE
9 Rue du Colonel Chambonnet
69500 BRON – FRANCE
Termination will take place within 10 days of receipt of the request for termination by SENTIDRIVE.
The Customer is responsible for the payment of the entire month of Subscription during which the termination occurs.
In the event of cancellation of a renewed Prepaid Subscription, the Customer will be reimbursed pro rata temporis by SENTIDRIVE on the basis of the tariff in force for the Monthly Subscription.
ARTICLE 15 – Applicable law – Language
These General Conditions of Sale and the operations deriving from them are governed and subject to French law.
These General Conditions of Sale are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 16 – Disputes
All disputes that may give rise to the purchase and sale transactions concluded pursuant to these General Terms and Conditions of Sale, regarding their validity, interpretation, execution, resolution, effects and consequences and which could not have been resolved between SENTIDRIVE and the Customer shall be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any case resort to conventional mediation, in particular with the Consumer Mediation Commission (art. L 612-1 of the Consumer Code) or at existing sectoral mediation bodies, and whose references appear on the Site or to any alternative method of dispute resolution (for example conciliation) in the event of a dispute.
The customer, finding that a violation of the general rules on the protection of personal data has been committed, has the possibility to instruct an association or organization referred to in the IV of Article 43 ter of the Data Protection Act of 1978, in order to obtain compensation against the owner or subcontractor before a civil or administrative court or before the National Commission for Information Technology and Liberties.
ARTICLE 17 – Pre-contractual information – Customer acceptance
The fact for a natural (or legal) person to order on the Site implies the full and complete acceptance and acceptance of these General Conditions of Sale and the obligation to pay for the Products ordered and the Subscriptions subscribed, expressly recognized by the Customer, who renounces, in particular, to avail himself of any contradictory act, which would be unenforceable against SENTIDRIVE.
APPENDIX I – PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been contractually charged to him or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
The goods are in conformity with the contract if:
- it is specific to the use normally expected of a similar good and, where applicable: corresponds to the description given by the seller and presents the qualities that the latter has presented to the buyer in the form of a sample or model, presents the qualities that a buyer can legitimately expect given the public statements made by the seller, the manufacturer or his representative, in particular in advertising or labelling,
- Or 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 attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action for lack of conformity is prescribed in two years from the delivery of the goods.
Article L217-16 of the Consumer Code
Where the buyer asks the seller, during the commercial guarantee granted to him on the occasion of the purchase or repair of movable property, for restoration covered by the guarantee, any immobilisation period of at least seven days shall be added to the remaining guarantee period. This period starts from the request for intervention by the purchaser or from the repair measure of the goods in question, if this measure is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty because of hidden defects in the thing sold which render it unfit for its intended use, or which diminish such use to such an extent that the buyer would not have purchased it, or would have paid less if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action for redhibitory defects must be brought by the buyer within two years of discovery of the defect.
APPENDIX II – WITHDRAWAL FORM
This form must be completed and returned only if the Customer intends to withdraw from the order placed on www.sentidrive.com except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.