GENERAL CONDITIONS OF SALE OF THE COMPANY SAS FOURDATA
- GENERAL DEFINITIONS
- FOURDATA SAS with a capital of 50,000 euros, whose registered office is located 67 RUE DES GODRANS 21000 DIJON, registered in the Trade and Companies Register under number 821 783 222.
- FUEL IT: Registered trademark and marketed exclusively by SAS FOURDATA!
- FUEL IT SENSOR: The FUEL IT connected object marketed by the company 4! which, once installed on an oil tank, allows you to know its level and provides different types of information.
- FUELSENS INTERFACE: means the SaaS software (Software as a Service, i.e., made available to the customer and updated automatically via his internet browser) made available to Fuel-it sensor Users so that they can, among other things, visualize their liquid level and set the appropriate alerts…
- FUELDESK INTERFACE: refers to the SaaS software (Software as a Service, i.e., made available to the customer and updated automatically via their internet browser) made available to Fuel-it Sensor Fleet Managers. This interface allows them, in particular, to visualize their park of sensors and the associated customers, to parameterize alerts…
- CONTAINER : means the storage measured by the FUEL IT SENSOR, tanks or silos in particular
- CONTENT: refers to the content stored in the relevant CONTAINER
- CUSTOMER: a natural person who acts outside of any professional activity to obtain or use a good to satisfy his personal or family needs.
- SIGFOX: means the company SIGFOX, a public limited company with a board of directors and a capital of 752 562 euros, having its registered office at 425 Rue Jean Rostand, Labège (31670), registered in the Toulouse Trade and Companies Register under the number 514 582 444 The company offers global cellular connectivity for the Internet of Things, entirely dedicated to low bandwidth communications from an infrastructure of antennas and base stations completely independent of existing networks.
- LORA: Refers to OBJENIOUS, a simplified joint stock company with a single shareholder and a capital of €1,000,000, a subsidiary of the BOUYGUES TELECOM Group, whose head office is located at
20 RUE TROYON 92310 SEVRES
(92), registered in the Nanterre Trade and Companies Register under number 804 575 918. A founding member of the LoRa Alliance, it has developed the LoRa Wan network in France. The company offers global cellular connectivity for the Internet of Things, entirely dedicated to low-speed communications from an infrastructure of antennas and base stations completely independent of existing networks.
The purpose of these general conditions is to define the conditions under which the company Four Factor (hereinafter the “Vendor”), owner of the Fuel It brand, which markets its Fuel-it connected gauge (“Products”) and the two associated FUELSENS INTERFACE and FUELDESK INTERFACE (“Platforms”), offered on its fuel-it.io website (“the Site”)
These General Conditions are brought to the attention of the Customer when the Seller’s Offer is sent.
They are validated by the Customer when accepting the quote. The CUSTOMER of the connected gauge and Fuel-it solutions declares that he/she has read these Terms and Conditions and has accepted them by signing and initialing them.
WARNING: The use of FUEL IT requires access to the Sigfox or LoRa network depending on the model chosen. The verification of the Sigfox network coverage is done under the responsibility of the Customer via the eligibility test page. The latter undertakes to check the coverage of his home and his pool before the purchase. The company 4! cannot be held responsible for any failure due to the technological limitations of the GPS antennas and satellite signals and the Sigfox network.
We provide our sales team and information on the page :
for the Sigfox network to determine the coverage areas. In case of difficulties in determining the coverage area when purchasing the product, we provide assistance to the customer by phone or via the contact form on the site.
- RELIABILITY OF MEASUREMENTS, VOLUME ESTIMATION
The SUPPLIER wishes to draw the CLIENT’s attention to the fact that the measurement and calculation of the level indicated on the FUELDESK INTERFACE and FUELSENS INTERFACE made available to the CLIENT by the SUPPLIER are only estimates of the volume of CONTENTS stored in the tank or silo.
The calculation of the level depends in particular on several parameters provided and or informed by the CLIENT. They can be changed at any time by the CLIENT users of the application.
The SUPPLIER will not be held responsible for the consequences of a wrong estimation of the remaining level or the volume available in the container concerned. This exclusion concerns, in particular, the consequences related to a tank overflow during a delivery or to a break in the availability of the CONTENTS.
It is specified that the Products are intended for professional use by the Customer. By clicking on a “pay” button at the bottom of the order summary page, the Customer makes a “validation click”, which constitutes an irrevocable commitment, which can only be called into question in the cases restrictively provided for in the present General Conditions.
The Customer will receive by e-mail an acknowledgement of receipt confirming the order, on which will appear all the elements constituting the contract (ordered products, prices, delivery times, shipping costs, …). It is recommended to keep this acknowledgement of receipt, which constitutes a proof of the order. The Seller reserves the right to refuse any order in case of dispute relating to a previous order.
The information communicated at the time of the order taking must be exact, complete and up to date: in the event of error in the wording of the co-ordinates of the Customer, the Salesman could not be held for person in charge of the impossibility of delivering the Product, the errors or delay of delivery.
The Client certifies that he/she is over 18 years of age to subscribe to the FUEL IT service.
ORDER WARNING The company 4! cannot be held responsible for variations in the rate of SIGFOX or LORA coverage at the place of use of the FUEL IT, or for poor reception due to the environment of the pool itself, occurring 14 days after delivery of the product. The use of the FUEL IT gauge is guaranteed to be functional on outdoor tanks with Sigfox coverage and subject to the reservation for underground tanks or tanks inside a building. The Fuel-it sensor is not ATEX certified.
The 4! FUEL IT regularly makes changes to the service and tests different aspects of the service, including the website, the FUELSENS and FUELDESK INTERFACES, and promotional offers. These tests and modifications may temporarily affect access to the service, without FOURDATA COMPANY being liable for this.
Anyone purchasing a FUEL IT product must be aware of the functional and technical characteristics listed on the product sheet and detailed on the fuel-it.io website, particularly the fact that the FUEL IT only works with its associated service and subject to sufficient coverage by the Sigfox or LoRa network. The photos and graphic representations displayed on the website are provided for information purposes only. The responsibility of THE FOURDATA COMPANY can in no case be engaged for this reason.
- VALIDITY OF THE OFFER and AVAILABILITY OF THE PRODUCTS
The offer is valid for 15 days from the date of issue. At the initiative of THE FOURDATA COMPANY and in certain particular cases, this duration can be extended. In this case, it will be clearly stipulated on the offer given to the customer.
The product offers are valid within the limits of available stocks on the day of the preparation of the order and will be shipped within 15 days for orders of less than 30 products.
For larger quantities ordered, the order preparation time may be extended at the Seller’s initiative and notified on the offer concerned, without exceeding a period of 30 days.
In case of unavailability of a Product after the order, the Seller will inform the Customer as soon as possible so that the latter can, at his discretion, either accept to be delivered later, or to be reimbursed under the conditions referred to in Article 9.
The Products ordered by the Customer will be delivered by an independent carrier to the address or to the relay point indicated by the Customer when ordering.
The transfer of the risks of loss or deterioration of the Products takes place when the Customer takes physical possession of the Products.
A delivery note may be signed upon receipt of the Products ordered. The Customer is required to check the apparent condition of the product upon delivery. In case of anomaly (damaged packaging, damaged or broken product) the Customer has the possibility of refusing the delivery or to issue all the reserves on the delivery order.
To carry on the delivery order the precise and motivated reserves in the event of damage, the general reserves of the type “under reserve of unpacking” being insufficient,
Confirm his reservations by registered letter with acknowledgement of receipt to the carrier and to the Seller’s customer service:
In the absence of such reservations, the Customer shall not be entitled to claim compensation from the Seller, except by individual agreement on a case-by-case basis and at the sole discretion of the Seller. The damaged Product must be returned complete, in the state of receipt and in its original packaging, at the expense of the Seller.
- DELIVERY TIME
Once the order has been prepared in accordance with the conditions set out in Article 4. It will be delivered within five (5) working days in Metropolitan France.
However, if the Products ordered have not been delivered within the time limit for any other reason than force majeure or the fact of the Customer (digicode not specified, incomplete address, not present at the time of delivery …), the sale may be resolved at the written request of the Customer under the conditions provided for in Articles L 138-2 and L 138-3 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest in the fourteen (14) days which follow the date of denunciation of the order.
In the event of absence at the time of delivery, the partner carrier will leave a notice of passage at the delivery address indicated by the Customer. The products must be picked up at the address and according to the modalities indicated by the carrier.
In case of non withdrawal within the time limit set by the carrier, the products will be returned to the Seller. The latter will then make a first reminder and in the absence of response within 14 days, the Seller will consider that the Customer has exercised his right of withdrawal.
- PRICES & PRICING
The Products are supplied at the rates specified on the quotation by the Seller.
For purchases in France, the prices are indicated in euros, all taxes included. They take into account the VAT applicable on the day of the order of an amount of 20%. Any change in the applicable rate may be reflected in the selling price of the Products.
They do not include shipping costs which appear on the order summary screen.
Products with a subscription solution will require a subscription. The amount of this subscription will be proposed including VAT at 20%.
For purchases abroad, the quotations may be indicated in euros, excluding taxes. This distinction will be clearly specified on the relevant quotation.
9.1. Payment of “Products
Upon signature of the quotation, the Customer is obliged to proceed, if necessary, to the payment of the deposit mentioned in the quotation concerned.
Payment of the balance of the Price is due within thirty (30) days of the invoice number, once the Products have been delivered.
9.2. Payment of the “Platforms
9.2.a Initial payment
Payment for the first subscription period included in the offer is due within thirty (30) days of the invoice number, once the Products have been delivered.
9.2.b Successive payment
Once the term of the initial subscription period has expired, access to the Platforms is payable in arrears for the following year on each anniversary date. The minimum subscription period is 12 months.
9.3. Late Payment
Amounts due under the Contract are invoiced in arrears. The payment term is set at thirty (30) days from the date of issue of the invoice by the Provider. Any amount not paid by the Customer within the above-mentioned period will automatically and without prior formality result in late payment penalties corresponding to 10% of the remaining sums due, including VAT, from the due date until full payment of the sums due.
In addition, in accordance with Article L 441-6 of the French Commercial Code, the Customer may be required to pay a flat-rate indemnity for collection costs of forty (40) euros, which may be increased by the amount of the sums incurred by the Service Provider for collection upon presentation of supporting documents.
In the event of late payment by the Customer, the Service Provider reserves the right to immediately suspend access to and use of the Platforms as of right and without prior notice.
- right of withdrawal & cancellation
10.1. Termination at term
Your subscription to FUEL IT is concluded for an initial fixed period of time as specified in the quote.
Upon expiration of the initial term and successive commitment periods, the subscription to the “Platforms” is tacitly renewed for a new period of 12 months, unless one of the Parties has requested its express termination by registered letter with acknowledgment of receipt at least two (2) months before the expiration date.
The Customer is aware that the economic model of THE FOURDATA COMPANY implies that only the subscription for a duration of 36 months allows to reach a remuneration equivalent to the initial price of the FUEL IT and the included services. As such, at the end of the 36-month contract, the Customer may terminate his subscription without paying any additional fees. In this particular case, the Customer will have access to the FUEL IT service, but will no longer benefit from the maintenance service.
However, if the Customer does not wish to be committed for such a long period, THE FOUR FACTOR COMPANY offers shorter subscription periods of 12 or 24 months. In order to compensate for the losses incurred by THE FOUR FACTOR COMPANY at the end of contracts of less than 36 months, a deblocking fee will be charged to the Client who does not wish to renew his subscription and who wishes to continue to use FUEL IT without a subscription. Thus:
– If the termination takes place at the end of the 12 months, the Customer will be charged a €90 FUEL IT unblocking fee, so that the Customer can continue to obtain the data collected in the mobile application. The maintenance service will therefore be excluded.
– If the termination takes place at the end of the 24 month subscription, the Customer will be charged a €45 FUEL IT unlocking fee so that the Customer can continue to obtain the data collected in the mobile application. The maintenance service will therefore be excluded.
If the Client does not wish to continue using the FUEL IT sensor at the end of the 12, 24 or 36 month subscription, no compensation will be claimed from the Client.
10.2. Early termination
If the Customer wishes to terminate his contract before its term, he will be required to pay all the remaining monthly instalments as compensation for the damage suffered by THE FOURDATA COMPANY.
Also, in the event that the Client wishes to continue to use the FUEL IT and therefore to have access to the data, he will be required, in addition to the predefined compensation, to pay the unblocking fees corresponding to the duration of the subscription, as indicated above.
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following notification to the Seller of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions …) accompanied by the purchase invoice. Damaged, soiled or incomplete products are not accepted.
The right of withdrawal can be exercised
- Either online, using the withdrawal form available on the Site, in which case an acknowledgement of receipt on a durable medium shall be immediately communicated to the Customer by the Seller,
- Or by a letter to the Seller informing him of his desire to exercise his right of withdrawal. (See model on the Site)
In case of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the standard shipping costs are reimbursed, the return costs remaining at the Customer’s charge.
The exchange (subject to availability) or refund, at the discretion of the Customer, shall be made within fourteen (14) days from the receipt by the Seller of the Products returned by the Customer in accordance with the conditions set forth in this Article. The refund will be made using the same payment method as the one used by the Customer or any other payment method if the Customer expressly mentions it.
The Products offered for sale comply with the regulations in force in France and have performances compatible with non-professional uses.
The Products supplied by the Seller benefit by right and without additional payment, in accordance with the legal provisions,
* the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the order under the conditions and within the time limits provided for by Articles L.211-4 and following of the Consumer Code
* the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use, under the conditions and within the time limits provided for in Articles 1641 et seq. of the Civil Code.
When acting on the basis of the legal guarantee of conformity, the Customer has a period of one year from the delivery of the Product to act;
May choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
Is exempted from proving the existence of the defect of conformity of the Product during the six months following its delivery.
In the event that the action based on the guarantee of hidden defects of the thing sold is brought by the Customer under the conditions provided for in Articles 1641 and following of the Civil Code, the latter may request either the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Seller will refund, replace or repair Products found to be non-conforming or defective. Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts. Refunds for Products found to be non-conforming or defective shall be made as soon as possible and no later than 30 days following the Seller’s finding of the non-conformity or hidden defect. The refund will be made by crediting the Customer’s bank account or by bank check sent to the Customer.
The commercial and legal guarantees of conformity could not be implemented and the responsibility of the Salesman could not be committed in the following cases:
- Non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to verify,
- Misuse, professional use, negligence or lack of maintenance on the part of the Customer, as well as normal wear and tear of the Product, accident or force majeure.
- Lightning strikes and theft
- Normal wear and tear of the mechanics and the battery
- Aging and discoloration due to exposure to ultraviolet rays
- Opening of the Product and/or modifications by the Customer
- LIMITS OF LIABILITY
The Seller shall not be held responsible and no compensation may be claimed for delays in delivery of the Product or for any harmful consequences due to force majeure as defined by the case law of the French courts.
The Seller declines all responsibility for any direct or indirect damage that may be caused to the Customer, whatever its nature, resulting from the use of the Product.
In particular, the Customer shall not install the Product on a site belonging to a third party
The Publisher will pass on to the Customer any third party claim resulting from an inappropriate installation of the Products generating a safety problem or an installation on the property of others.
The Customer shall be responsible for handling any such claim without any liability on the part of the Seller.
The data recorded by the Vendor shall constitute proof of all transactions between the Vendor and its Customers. The data recorded by the payment system constitutes proof of the financial transactions. By express agreement between the Vendor and the Customer, e-mails shall be deemed authentic between the parties, as shall the automatic recording systems used on the Site, particularly as regards the nature and date of the order. The Customer can access the electronic contract concluded with the Seller. To do so, he/she shall contact the customer service by e-mail to which he/she shall provide all the necessary information, in particular the order number and his/her contact details.
- PERSONAL DATA
The use of the products, and in particular FUEL IT, requires the use of personal data and potentially their transfer to third parties. The Customer hereby accepts the privacy and data management policy available on the fuel-it.io website
- PARTIAL NULLITY & APPLICABLE LAW
If any provision of these Terms and Conditions is found to be invalid by any court or under any law or legislation, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The present general conditions are governed by French law. In case of dispute, they will be decided by the Commercial Court of Dijon.