Terms of Sales
Global Tracking creates and markets Okaia fragrances worldwide through its distribution network.
In order to better respond to requests from customers wishing to purchase online products from the Okaia range (hereinafter referred to as the “Product” or the “Products”), the company Global Tracking registered with the Nice RCS under number ° 838 838 381, located Bd des Jardiniers - Allianz Riviera - 06200 Nice - France, created and publishes the merchant website accessible at the address www.okaia.com (hereinafter referred to as the "Site"). P >
Orders and sales of Products on the Site are intended exclusively for consumer customers, natural persons, non-professional buyers (hereinafter the “customer” or the “Customers”).
All orders and sales made on the Site are subject without restriction or reservation to these General Conditions of Sale (hereinafter referred to as the "General Conditions of Sale"), which shall prevail over all other documents or contractual provisions, whatever 'in either form or nature.
The General Conditions of Sale are written exclusively in French on the Site.
In the event of contradiction or difficulty of interpretation between different versions of the General Conditions of Sale appearing on the Site, the French version will prevail over all other versions in foreign languages.
The address of the warehouses of Global Tracking to which the Products can be returned is as follows: ZI de Carros, Angle 18eme rue and 5eme Avenue - 06510 LE BROC.
Under no circumstances should the Products be returned to the Customer Service address or to the head office of Global Tracking.
The Customer acknowledges having had communication, prior to placing his order and the conclusion of the contract, in a readable and understandable manner of these General Conditions of Sale and of all the information required by article L.221 -5 of the French Consumer Code.
ARTICLE 1: Object and scope of the General Conditions of Sale
The General Conditions of Sale specify the terms and conditions for the online sale of the Products offered on the Site as well as the rights and obligations of the Customer and of the company Global Tracking (hereinafter individually referred to as a "Part" or together the "Parties") in connection with these sales.
The General Conditions of Sale are independent and apply only to orders and sales made on the “www.okaia.com” Site. They are distinct from the conditions of sale applicable in other distribution or marketing channels (sales in stores in particular) and distinct from any contractual agreements applicable between Global Tracking and its professional customers.
To order the Products offered on the Site, the Customer must accept the General Conditions of Sale when confirming his order by checking the box "I accept the General Conditions of Sale".
Acceptance of the General Conditions of Sale also implies acceptance of the “General Conditions of Use of the Site” accessible by clicking on the General Conditions of Use of the site link.
The General Conditions of Sale accepted by the Customer constitute a contract legally binding the Customer to the company Global Tracking.
The company Global Tracking recommends that the Customer carefully and completely read the General Conditions of Sale as well as the General Conditions of Use of the Site and to print them before placing and confirming an order.
Global Tracking reserves the right to modify its General Conditions of Sale at any time. The modified General Conditions of Sale will be applicable from the day they are put online and the General Conditions of Sale applicable to the purchase of the Customer are those in force on the day the order is placed on the Site, to the exclusion of all other versions, whether earlier or later.
If the Customer makes a request to the e-mail address firstname.lastname@example.org, Global Tracking will send him a copy of the General Conditions of Sale in force on the day of his order, on condition that the Customer provides all the necessary information requested by Global Tracking (Customer account references, date and number of the order concerned).
ARTICLE 2: Product Information
The Products offered for sale on the Site are intended for natural person consumers and non-professional buyers for personal and private use.
The choice of Products ordered by the Customer is their sole responsibility; each Product presented on the Site is accompanied by a precise description of which it is the Customer's responsibility to be fully aware of before placing an order.
Although the photographs of the Products on the Site represent the Products sold as faithfully as possible, these photographs are indicative and not contractual and do not engage the responsibility of Global Tracking.
ARTICLE 3: Availability of Products
The Products are offered for sale on the Site within the limits of available stocks.
In the event of unavailability of a Product selected when placing the order, the Customer will be informed of the impossibility of ordering it and, where applicable, of the foreseeable date of its availability.
In the event that very exceptionally and despite the vigilance of Global Tracking, one or more Products whose order has been confirmed are unavailable, the Customer will be notified as soon as possible by e-mail sent to the email address provided by the Customer when ordering.
In the event of unavailability of all the Products ordered, the sale will be resolved / canceled without restriction, reserve or compensation and the Customer will be fully reimbursed for the price paid (unavailable Products and delivery costs) by crediting the bank card beforehand. debited, within a maximum period of 14 (fourteen) days from the resolution / cancellation of the sale.
In case of unavailability of part of the Products ordered, the Customer will be offered to cancel their entire order, without restriction, reserve or compensation, by sending an e-mail to the address contact @ okaia .com within 48 (forty-eight) hours of receipt of the e-mail sent by Global Tracking to the address provided in its customer account and informing the Customer of the partial unavailability of the Products ordered.
In the absence of a request for cancellation of the order within this period, only the available Products ordered will be delivered to the Customer and the latter will be refunded the sole amount of the price of the unavailable Products paid for but not delivered, by credit on the credit card previously debited, with the exception of postage.
ARTICLE 4: Orders
4.1: Procedures for placing and confirming an order
To place an order on the Site, the Customer must select one or more Products on the Site by clicking on the "Add to cart" icon and create his customer account by entering all the required information accurately
The creation of the Customer Account (hereinafter the “Customer Account”) and the ordering of the Products are carried out as follows:
- Creation of the Customer Account
The creation of the Customer Account takes place at the latest during the 1st st order on the Site.
To create his Customer Account, the Customer informs on an online form his title, first name, last name, email address, postal addresses (delivery and billing addresses may be differentiated), telephone number and must choose an identifier and a password allowing him to create and access his Customer Account.
During the following purchases, the Customer, provided with his username and password, will be able to access his Customer Account directly online. The Customer undertakes to verify the accuracy of the information appearing in his Customer Account with each new order and to modify it if necessary.
When creating their Customer Account, the Customer may choose to receive commercial offers from the Site and / or its partners by checking the corresponding boxes.
The Customer guarantees the authenticity and accuracy of the data entered on the Site and acknowledges that they constitute proof of his identity.
The Customer is solely responsible for preserving the confidentiality of his Site access data. He may modify the information and choices entered during registration or in his Customer Account at any time.
- Validation of his order by the Customer and online payment of the Products and delivery costs
After placing the selected Product (s) online in his “basket”, creating his Customer Account, validating his order and choosing his delivery and billing addresses, the Customer can finalize his order.
- Sending of the Purchase Order to the Customer materializing the sale
The sale will be concluded between the Parties as soon as the company Global Tracking sends, to the e-mail address provided by the Customer in his Customer Account, an acknowledgment of receipt summarizing all of the order placed. by the Customer, serving as an order form and authentic between the Parties (hereinafter referred to as the “Order Form”).
The Customer agrees to ensure, by all means, receipt of the Purchase Order at the e-mail address provided in his Customer Account. In the event that the Customer has not received his Order Form within a maximum of 24 (twenty-four) hours from the validation of his order on the Site, he undertakes to immediately inform the company. Global Tracking by e-mail to the following address email@example.com before proceeding with any new order on the Site.
Failing this, Global Tracking cannot be held responsible for the failure to register the Customer's order, nor for the consequences attached to the validation of several identical orders by the Customer.
The Customer will be able to follow the progress of his order by connecting to his Customer Account.
The Customer already irrevocably acknowledges that the production, by the company Global Tracking, of the Purchase Order acknowledging receipt of his order, constitutes indisputable proof of the sale that has taken place (date, time, Products ordered, price, billing address, delivery address, shipping costs etc.) and is binding between the Parties.
4.2: Cancellation of the order by the Customer
Regardless of the right of withdrawal from which he benefits in accordance with article 9 below, the Customer may cancel his order and thus renounce the purchase and delivery of the Products, without further formality and costs, by sending a e-mail to the address contact @ okaiacom (specifying the order number), within a maximum of 12 (twelve) hours from the receipt, by the Customer, of the Order Form.
4.3 Refusal or cancellation of the order by the company Cofinluxe
Global Tracking may refuse or cancel any order:
(1) not in accordance with these General Conditions of Sale;
(2) placed by a Customer who has not paid in full a previous order, or who is in dispute with the company Global Tracking, for any reason whatsoever, or whose payment has been previously refused by the bank , including as part of a previous order;
(3) whose frequency, price and / or number of Products and / or Product references ordered would lead it to question the Client's quality of non-professional consumer customer.
The Customer already authorizes the company Global Tracking to make a compensation between the sums due to the latter under a previous order remained partially or totally unpaid and the sums likely to be due to the Customer under of a totally or partially canceled order.
The Customer irrevocably waives any dispute, proceeding or action against the company Global Tracking, as well as any compensation, of any nature whatsoever, in the event that the latter refuses or cancels a or several orders, in particular in the cases referred to in this article.
ARTICLE 5: The prices
The sale prices on the Site, indicated in Euros, are those in force on the day the Order Form is sent to the Customer by the company Global Tracking.
It is the Customer's responsibility to verify that the price of the Products appearing on the Site complies with the selling prices of the Products mentioned on the Order Form.
The Company reserves the right to modify at any time and without notice the prices indicated on the Site, it being specified that the price modifications will only apply to orders placed and paid by Customers after the entry into force. price changes on the Site.
The prices appearing on the Site are inclusive of all taxes (TTC) and any increase in value added tax (VAT) will be automatically reflected in the price of the products offered for sale on the Site. The Customer is informed of the VAT applicable to the sale when consulting his basket, before confirming his order. The amount of VAT also appears on the Order Form issued by Global Tracking.
Prices are exclusive of delivery costs, which are invoiced in addition to the price of the products. The delivery costs are brought to the attention of the Customer when consulting his basket, before confirming his order and appear on the Order Form.
ARTICLE 6: Payment for products and delivery costs
ARTICLE 6.1: Terms of payment
As soon as they have validated their order on the Site, the Customer will pay the full price of the Products ordered exclusively in Euros and by credit card.
The Customer declares and guarantees to the company Global Tracking that he has all the necessary authorizations to use the bank card used to make the payment of the order, on the online payment platform and authorizes in advance his bank to debit their bank account for the total amount of the price mentioned on the Purchase Order recorded by the company Global Tracking (products and delivery costs), including in the absence of signature of the Purchase Order and the related invoice p>
The Customer's bank card will be debited after verification of its data and within the maximum regulatory collection period from receipt of the debit authorization issued by the bank issuing the Customer's bank card. In the event of a transaction refused by the bank, for any reason whatsoever, the order will be automatically canceled.
Global Tracking reserves the right to suspend or cancel any order, including during shipment, in the event of a payment incident or fraud or attempted fraud.
In no case can the sums paid by the Customer be considered as a deposit or down payment.
In the event of a difficulty encountered in the payment of the order, the Customer and more generally, the holder of the bank card used for the payment, may dispute as soon as possible the payment transactions carried out by means of his card. banking in accordance with Article L.133-24 of the Monetary and Financial Code.
The Customer acknowledges that the electronic records of payments produced by GIE CB or Paypal constitute proof of payment transactions.
ARTICLE 6.2: Invoicing
The invoice for the Products ordered is sent to the Customer by e-mail and can be viewed in his Customer Account, using his username and password.
The Customer undertakes to verify the conformity of the invoice received by e-mail and posted on his Customer Account with the order that he has validated.
In the event of a discrepancy between the invoice and the order placed by the Customer, the latter undertakes to immediately inform the company Global Tracking, by e-mail specifying his identifier as well as all the references of his order and his invoice , to the e-mail address firstname.lastname@example.org within a maximum period of 48 (forty-eight) hours from the sending, by the company Global Tracking, of the invoice by e-mail.
In the absence of a complaint from the Customer within the aforementioned period, the invoice will be deemed to comply with the order validated by the Customer when purchasing it and may not be subject to any dispute or modification.
ARTICLE 7: Reservation of title and transfer of risks
Global Tracking retains full ownership of the Products until full collection of the price, in principal, costs and tax included.
The risks of loss and deterioration of the Products are however transferred to the Customer upon receipt of the Products by the latter.
ARTICLE 8: Delivery and reception of products
8.1 Costs, delivery times and terms
The products ordered by the Customer will be delivered to the delivery address indicated by the Customer when placing the order.
The Customer will be informed by sending an e-mail to the address entered in his Customer Account, of the shipment of his order and will remain solely responsible for any defect or delay in delivery resulting from a defect or error of indication when ordering.
In the event of ordering several Products, several deliveries may be necessary, depending on the size and availability of the Products. The cost of delivery mentioned in the Order Form will remain unchanged.
The delivery times are mentioned on the Customer's Order Form and may vary depending on the availability of the Products which have been the subject of the order.
The products ordered will be delivered by post (Colissimo shipment with tracking for mainland France, Corsica and Monaco and international Colissimo shipment for other territories).
For France, Corsica and Monaco:
The package will be left without signature in the Customer's mailbox. If the letterbox cannot contain the parcel, a calling card will be left there, specifying the contact details of the post office where the parcel must be collected within a maximum period of 15 (fifteen) days from its presentation. Beyond this period, the package will be returned to Global Tracking and the customer will be reimbursed for their order, delivery and return costs deducted.
For other countries:
The package will be delivered against signature to the address indicated by the Customer. In the event of absence during delivery, a notice of pending specifying the contact details of the post office where the package must be collected within a maximum period of 15 (fifteen) days from its presentation will be placed in the mailbox. letters. Beyond this period, the package will be returned to Global Tracking and the Customer will be reimbursed for their order, delivery and return costs deducted.
8.1.2 Time limits
In the event of immediate availability of the Products ordered, the average delivery time noted is between 3 to 5 working days (average time for preparation and delivery of the order) for delivery in mainland France, Corsica and Monaco and around 8 working days for delivery abroad, from the date of sending the Order Form to the Customer. These deadlines are given for information only.
8.1.3 Shipping costs
The amount of the delivery costs is brought to the attention of the Customer before the validation of his order and stated in the Order Form sent by the company Global Tracking at the end of this validation.
Delivery is deemed to have been made upon delivery by the company Global Tracking of the Products ordered from the Post Office, the date of which is established by the computer system of the Post Office (flashing) and the liability of the company Global Tracking cannot be no case be incurred for any delay in delivery attributable to the carrier or the Customer.
8.1.4 Delivery delays
In accordance with article L.216-1 of the Consumer Code, the order will be executed within a maximum period of 30 (thirty) days from the receipt, by the Customer, of the Order Form. p>
If, despite all the efforts made by Global Tracking to have the Products delivered within the deadlines mentioned in the Order Form, the Customer should note:
- either a delay in delivery compared to the maximum date mentioned by the company Global Tracking on the Order Form,
- either a period exceeding 30 (thirty) days from receipt of its Purchase Order, in the event that no delivery date has been indicated by Global Tracking,
The Customer may send it, by registered letter with acknowledgment of receipt, to the company Global Tracking, at the e-mail address contact @ okaia.com or postal service Global Tracking Customer Service, Bd des Jardiniers, Allianz Riviera, 06200 Nice, France, a formal notice to execute within 15 (fifteen) days of receipt by the company Global Tracking of the in default If, despite all the efforts of the company Global Tracking to deliver the Products within this additional period, the Customer should notice a non-performance, he may immediately and automatically cancel the Order by registered letter with acknowledgment of receipt or by e- mail.
The company Global Tracking will cancel the order and will reimburse, within a maximum period of 14 (fourteen) days from the cancellation of the Order, the price paid by the Customer, including delivery costs, to the exclusion of any other compensation of any kind.
In the event that the Products have been shipped by Global Tracking before receipt of the Customer's request for cancellation of the order, the Customer may confirm their cancellation by refusing the package upon delivery. Otherwise, the cancellation of the order cannot be taken into account by the company Global Tracking.
Global Tracking will make its best efforts to warn Customers of any fortuitous events or force majeure likely to disrupt the delivery of the Products.
8.2 Reception of the delivered products
The Customer undertakes to check, upon receipt of the Products, that the package shows no sign of opening or deterioration (package partially open or suspected of having been opened and then closed, package torn, shocked, damaged etc.) as well as the conformity of the Products delivered with its order (number and references of the Products ordered and received in particular).
If the Customer observes damage or missing items upon receipt of the package, he must refuse it (especially when the package is clearly damaged).
If, however, the Customer accepts a damaged and / or shocked package and / or showing signs of opening and / or if the Products are damaged due to transport, the Customer undertakes to comply with the following procedure: < / p>
- make all the necessary reservations on the delivery slip which will be given to it by the carrier (mention of the damage and missing items noted);
- submit a complaint to the Post Office (on the post office's website, by telephone, by post or at a postal contact point) within a maximum period of 8 (eight) working days from receipt of the parcel (an acknowledgment of claim will be issued to the Customer and will be proof of the date of claim),;
- inform Global Tracking of any damage or missing items noted by e-mail to email@example.com within a maximum period of 48 (forty-eight) hours from receipt of the package;
- return the damaged Products to Global Tracking in accordance with article 10.1 of the General Conditions of Sale and within a maximum period of 15 (fifteen) calendar days from their receipt. The package must contain, in addition to the returned Products, a copy of the e-mail mentioned above, the return slip provided upon delivery completed by the Customer, the invoice for the Products and a copy of the acknowledgment of receipt. of the Customer's complaint to the Post.
If the Customer finds that the Products delivered do not comply with the Purchase Order (reference errors for example), if the Products ordered are missing or if the Products contain an apparent defect, the Customer undertakes to comply with the following procedure:
- inform Global Tracking by e-mail (contact address @ okaia.com), within a maximum period of 48 (forty-eight) hours from receipt of the package, recalling the order number and precisely setting out the observed non-conformity;
- return non-compliant Products to Global Tracking in accordance with article 101 of these General Terms and Conditions of Sale, within a maximum period of 15 (fifteen) calendar days from their receipt. The package must contain a copy of the e-mail mentioned above, the return slip provided during delivery and completed by the Customer as well as the corresponding invoice.
Whatever the reason for the return, it is the Customer's responsibility to keep proof of the return of the Products to Global Tracking.
After acceptance of the Customer's justified complaint, under the conditions and forms mentioned in this article and after receipt, where applicable, of the Products returned by the Customer, Global Tracking will replace the missing or damaged Products as soon as possible. .
The return costs will be reimbursed to the Customer on the condition that the invoice for the return costs is attached to the returned Products to the exclusion of any other sum or compensation.
If the Customer fails to comply with the deadlines and formalities mentioned in this article, the delivery of the Products will be deemed to be definitively accepted and the Customer will no longer be entitled to claim any apparent and / or missing defect or non-conformity of the Products ordered with the Products delivered.
ARTICLE 9: Right of withdrawal
The Customer benefits, in accordance with applicable law, a right of withdrawal of 14 (fourteen) days from receipt of the Products.
The Customer wishing to withdraw must return the unopened Products, in their original packaging (plastic film and sealed cardboard), complete and in perfect condition for resale to the following address: ZI de Carros, Angle 18eme rue and 5eme Avenue, 06510 LE BROC, France, within a maximum period of 14 (fourteen) calendar days from the date on which Global Tracking becomes aware of the Customer's wish to withdraw, the postmark being taken as proof. p>
Products whose packaging has been opened or incomplete will not be taken back, exchanged or reimbursed by Global Tracking.
The return of the Products must be accompanied by the return slip provided to the Customer in his package upon delivery and completed by the latter as well as the corresponding invoice.
Return costs are the full responsibility of the Customer, to whom it is the responsibility of keeping proof of the return of the Products.
When the Customer withdraws under the aforementioned conditions, Global Tracking will reimburse the Products paid by the Customer, including delivery costs (but not return costs), within a maximum period of 14 (fourteen ) days from the date on which Global Tracking is informed of the withdrawal, subject to the immediate sending of proof of return of the Products by the Customer.
ARTICLE 10: Return of products and warranty
10.1 Technical anomalies and reference error
In the event of technical anomalies, apparent defect or non-conformity of the Product delivered to the Product mentioned in the Order Form, the Customer must inform Global Tracking in accordance with the procedure described in article 8.2 of the Conditions General Sales.
The Products must be returned to the following address: ZI de Carros, Angle 18eme rue et 5eme Avenue, 06510 LE BROC, France, within a maximum period of 15 (fifteen) days from receipt of the Products ordered.
For the return to be accepted by Global Tracking, the returned Products must be complete and, with the exception of cases in which the technical anomaly of the Product can only be unsealed after opening its packaging (film plastic and cardboard), all Products must be returned unopened (in their original sealed cardboard and plastic packaging) and in perfect condition for resale
All the risks associated with the return of the Product remain the responsibility of the Customer, who must protect himself from proof of the return of the Products.
After verification of the return, Global Tracking will offer the Customer either to replace the Products ordered if they are available, or to cancel the order against reimbursement of the price paid by the Customer (price of the Products, delivery costs and return costs), within a maximum period of 15 (fifteen) days from the acceptance of the return by the company Global Tracking.
The return costs will be reimbursed to the Customer on the condition that the invoice for the costs is attached to the returned Products to the exclusion of any other sum or compensation.
Global Tracking will refuse any return of Products that do not comply with these formalities.
10.2 Conformity and guarantee of the Products
The Products sold by Global Tracking comply with current French legislation and their sale is subject to legal guarantees (guarantee against hidden defects, guarantee of conformity, etc.) provided for in articles 1641 and 1648 of the Civil Code and L.217-4, L.217-5 and L.217-12 of the Consumer Code.
Article L.217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility ”.
Article L.217-5 of the Consumer Code: "The good complies with the contract: 1 ° If it is suitable for the use usually expected of a similar good and, where applicable: - it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement 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 L.217-12 of the Consumer Code: "The action resulting from the lack of conformity lapses two years after delivery of the goods".
The provisions of this article do not deprive the buyer of the right to exercise the action resulting from latent defects such as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which to him is recognized by law.
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer does not would not have acquired it, or would have given a lower price, if he had known them ”
Article 1648 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be discharged from apparent defects or lack of conformity ” p>
If the Customer establishes the non-conformity of a Product or a hidden defect, within the meaning of the aforementioned legal provisions, the company Global Tracking undertakes, at the Customer's choice, either to replace as soon as possible the Product not compliant or defective, or to reimburse the price paid by the Customer within a maximum period of 15 (fifteen) days from the return of the Product made in accordance with the terms set out in article 10.1 above.
Any warranty from Global Tracking on the Products is excluded in the event of misuse, negligence, lack of maintenance on the part of the Customer as well as in the event of accident, force majeure or normal wear and tear of the product. Product, bearing in mind that perfume is a perishable product which cannot retain all of its qualities beyond a certain period of time.
ARTICLE 11: Responsibility
The Customer declares to have full legal capacity allowing him to commit himself under the General Conditions of Sale.
Access to the Site requires personal computer equipment and an Internet connection which are not provided and for which the Customer is solely liable and responsible.
The Customer is solely responsible for the conservation of his computer data (data, computer files, software etc.) and for the protection of his computer equipment against attacks, viruses and computer intrusions, of any nature whatsoever. , which it is up to him to protect with the software of his choice.
The Site may contain, for information purposes, hypertext links to other third-party sites or Internet sources including the information, content, advertising, products and services offered, which may change after the creation of the hypertext link , are neither controlled nor monitored by Global Tracking and are published under the exclusive responsibility of the natural or legal persons responsible for said third-party sites or Internet sources.
It is up to the Customers to consult the legal information (General Conditions of Use of the Site, Legal Notices etc.) appearing on the Internet sites to which they could have access thanks to the hypertext links appearing on the Site, before using them under their sole and entire responsibility.
Unless the prior written authorization of the company Global Tracking, Customers are not authorized to display on their own site or on any other medium, a hypertext link allowing access to the Site, or to insert, on the Site, a hypertext link directing Internet users to another website.
Although the company Global Tracking strives to keep the Site accessible at all times and does everything in its power to preserve its security, the company Global Tracking does not provide any guarantee to Users and disclaims all liability concerning in particular, without this list is exhaustive:
- the continued availability, operation and performance of the Site;
- the completeness of the information on the Site and the absence of errors or omissions;
- any external intrusions of any nature whatsoever, likely to contaminate or damage computer equipment or Customer data;
- consultation or use of hypertext links on the Site;
- the wrongful or fraudulent use, by a third party, of the Client's username and password and the theft of the Client's identity and means of payment;
- compliance with legal or regulatory provisions and the accuracy or reliability of information, communications, publications or any other content that may be provided, published or sent by users of the Site and, or appearing in the accessible pages via the hypertext links of the Site
Subject to legal and regulatory public order provisions which the Parties may not derogate from, the Customer thus irrevocably waives the liability of Global Tracking in the event of damage of any kind. it is, resulting in particular and in a non-exhaustive way:
- interruptions of service, delays or impossibility of orders generated by maintenance work on the Site, technical failures or an interruption of the Internet network;
- the failure of the Customer's computer equipment or Internet network or harmful uses of the Internet network, foreseeable or not, by a third party;
- fault or negligence on the part of the Client and / or non-compliance by the Client with the General Conditions of Sale and / or the Conditions of Use of the site and / or the applicable legal and regulatory provisions; < / li>
- any event arising from force majeure or which, reasonably, does not fall under the control of the company Global Tracking or was not reasonably foreseeable such as, and in a non-exhaustive way, social movements, strikes, fires, floods, climatic events, accidents etc. ;
- the use of hypertext links on the Site.
Without prejudice to the foregoing, the Customer expressly acknowledges that, in the event that the liability of the company Global Tracking and / or its representatives and / or employees would be legally engaged, whatever the causes, the maximum amount of the overall compensation to which the Customer or his successors may claim, all damages combined, may in no case exceed the total amount of the price of the Customer's order subject to the complaint and within the limit of 1,000 (one thousand ) euros including tax.
ARTICLE 12: Intellectual Property Right
The Site and the elements it contains are protected by intellectual property rights (copyright, neighboring rights, trademark law, design law, patent law, sui generis database right ) in accordance with French law and international conventions.This is the case in particular, without this list being exhaustive of the creations, illustrations, images, photographs, graphics, videos, logos, brands, designs and models, trade names, brands, domain names, texts, databases appearing on the Site, as well as the structure of the Site and its layout The content of the Site and the intellectual property rights attached to it belong to the company Global Tracking, its co-contractors and partners and any use, distribution, total or partial reproduction, Site content without authorization from Global Tracking is strictly prohibited and liable to civil and criminal penalties.
ARTICLE 13: Duration of application - Force majeure
The General Conditions of Sale are applicable between the Parties from the validation of his order by the Customer and will remain in force for the period necessary for the sale, delivery and warranty of the Products ordered and until the extinction of the obligations contracted by the Parties.
The performance of the obligations of the company Global Tracking will be suspended in the event of a fortuitous event or a case of force majeure which would hamper or delay the performance.
As far as possible, Global Tracking will inform the Client of the occurrence of such fortuitous cases or force majeure events as soon as possible from their occurrence.
ARTICLE 14: Protection of personal data
In application of the law 78-17 known as “Informatique et Libertés” of January 6, 1978 in its latest version and of the General Data Protection Regulations (RGPD), the personal data provided by the Customer are essential for the correct management of orders, deliveries and invoices.
All information concerning in particular the modalities relating to the collection and processing of personal data and the rights of Customers (right of opposition, modification, limitation, rectification, deletion of this data by the Customer, etc. .) are available on the Site in the section "Legal Notice - General Conditions of Use of the Site" and accessible by clicking on the following link General Conditions of Use of the site.
Acceptance of these General Conditions of Sale implies acceptance of the General Conditions of Use of the site.
ARTICLE 15: Independence of clauses
If one of the stipulations of the General Conditions of Sale should be declared null or invalid in application of a legal or regulatory provision or following a final decision of a competent court, it would be deemed unwritten but this nullity will not entail the nullity of the other provisions of the General Conditions of Sale which will remain in force between the Parties.
ARTICLE 16: Non-waiver
The fact, for the company Global Tracking, of not invoking a breach by the Client of any of its contractual obligations, cannot be interpreted for the future as a waiver by the company Global Tracking to take advantage of it.
ARTICLE 17: Applicable law and competent jurisdiction
The General Conditions of Sale form a contractual whole subject exclusively to French law to the exclusion of the Vienna Convention on the International Sale of Goods and the legal provisions applicable in the countries of delivery of the goods.
Only the French version of the General Conditions of Sale is valid in the event of a dispute.
In the event of a dispute relating to the formation, validity, interpretation and execution of the General Conditions of Sale and after seeking an amicable solution that has remained unsuccessful, exclusive jurisdiction is assigned to the French courts.