ARTICLE 1 – SCOPE OF APPLICATION
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which SEEBEE COMMUNITY (hereinafter referred to as “the Provider”) allows consumer clients and professional clients (hereinafter referred to as “Users” or “the User”) to benefit from all the services (hereinafter referred to as “the Services”) available on the “Seebee” application (hereinafter referred to as “the Application”).
The User is required to read these General Terms and Conditions of Sale before subscribing to any subscription. The User also acknowledges having the legal capacity required to contract and subscribe to the subscription offered by the Provider.
The Provider’s contact details are as follows:
“SEEBEE COMMUNITY”
1 rue de la Presse
42000 SAINT ETIENNE
Email Address: hello@seebee.com
Phone Number: 04 82 82 95 55
These General Terms and Conditions of Sale are accessible at any time on the Provider’s website and shall prevail, where applicable, over any other version or contradictory document.
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on May 25, 2018, the User has, at any time, a right of access, rectification, opposition, erasure, and portability of all their personal data by writing, by mail, and by proving their identity to the aforementioned contact details.
It is specified that these General Terms and Conditions of Sale may be subject to subsequent modifications.
Specific Terms of Sale and Differentiated Terms of Sale
In accordance with current regulations, the Provider reserves the right to deviate from certain clauses of these General Terms and Conditions of Sale, depending on negotiations conducted with the User, by establishing Specific Terms of Sale.
ARTICLE 2 – ORDERS
The sales of the Services offered by the Provider are only finalized after compliance with the procedure described below:
The User downloads the Application to their smartphone / tablet via the App Store or Google Play. Upon the first launch of the Application, the User will be invited to create an account by providing
- Last name
- First name
- Email address
- Password
Once all this information has been provided, the User’s account will be automatically created, and the User will have free access to the Application’s content for one month.
At the end of this trial period, and for the User to continue benefiting from the Services, they will have the option to subscribe to a paid subscription, with an annual or monthly renewable term.
It is specified that the terms of subscription to the paid subscription differ depending on whether the User is a consumer or a professional.
Thus, for consumers, subscription to the paid subscription can be done directly via the Application.
Professional Users, on the other hand, will be invited to contact the Provider to obtain a commercial proposal that will take into consideration their specific situation, particularly the number of drivers benefiting from the Services.
The professional User will then be invited to validate the submitted commercial proposal.
Once these steps have been completed, including the regularization of these GTC and the payment of due amounts, the Provider will proceed with the validation of the order and the opening of the User’s account within a maximum of 48 business hours.
For professionals, it is specified that the Provider will create a “super admin” account which will allow the User to create and manage the accounts of their own drivers. There will be no tracking of driver activities, only administrative management of the user account.
In accordance with Article 1127-2 of the Civil Code, the User has the possibility to check the details of their order and its total price to correct any errors before confirming their acceptance.
The sale will only be considered final and, consequently, validated by the Provider, after the User has been sent confirmation of the acceptance of their order by email and after receipt of the amounts due.
Any subscription constitutes the formation of a distance contract concluded between the User and the Provider.
It is specified that the Provider reserves the right to cancel, refuse, or suspend any subscription of a User with whom there is a dispute, particularly concerning the payment of a subscription installment.
ARTICLE 3 – FINANCIAL CONDITIONS
The Services offered by the Provider are provided at the rates in force at each contractual due date and are accessible, for consumers, on its website and, for professionals, via a personalized commercial proposal.
It is specified that the subscription price is expressed in euros excluding and including tax, and payments must be made in advance and in full on the dates agreed upon when placing the order, via bank card or direct debit.
The Provider will not be obliged to provide the Services ordered by the User if the User does not pay the price under the conditions and according to the terms indicated in these General Terms and Conditions of Sale.
ARTICLE 4 – RIGHT OF WITHDRAWAL
In accordance with and under the conditions of Article L221-18 et seq. of the Consumer Code, the consumer client who has concluded a distance sale, following a telephone solicitation or off-premises sale, has a period of 14 (FOURTEEN) days from the conclusion of the contract to exercise their right of withdrawal with the Seller, without having to provide reasons or pay any penalty, for reimbursement purposes.
This right of withdrawal also applies to professional clients who meet the following two cumulative conditions, and only for sales qualified as “off-premises” sales:
-those who employ five employees or fewer,
-the object of the sale does not fall within the scope of the professional’s “main activity”.
However, and in accordance with Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts: 13° For the supply of digital content not supplied on a tangible medium, where the performance has begun before the end of the withdrawal period and, if the contract subjects the User to a payment obligation, when the User has given their express prior consent for the performance of the contract to begin before the expiry of the withdrawal period; and has acknowledged that they will lose their right of withdrawal; and the professional has provided confirmation of the User’s agreement in accordance with the provisions of the second paragraph of Article L221-13.
- ARTICLE 5 – LIABILITY – WARRANTY
The Provider guarantees, in accordance with legal provisions, the User against any lack of conformity or hidden defect resulting from a design or supply defect of the said Services.
In accordance with legal provisions, the Seller reminds the Client of the existence of the following guarantees:
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a defect appearing. During this period, the consumer is only required to establish the existence of the defect of conformity and not the date of its appearance.
When the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the defect of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity obliges the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.
The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by being fully reimbursed upon return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience for the consumer, particularly when the consumer permanently bears the costs of taking back or removing non-conforming goods, or if they bear the costs of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer also has the right to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or contract termination. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to the termination of the sale if the lack of conformity is minor.
Any period during which the goods are immobilized for repair or replacement suspends the remaining warranty period until the delivery of the repaired goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum of 300,000 euros, which can be increased up to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects, in application of Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles them to a price reduction if the goods are kept or to a full refund upon return of the goods.
The Provider, in the context of delivering its Services, will not be held responsible for poor quality of the digital equipment used or the User’s internet connection.
It is also specified that the Provider cannot be held responsible for the User’s excessive data consumption; it is up to the User to conclude an appropriate subscription with their provider for the functioning of the Services delivered.
The Provider will also be exempt from all liability in the event of a suspension of the Services not attributable to it; in the event of damage related to abnormal use of the Services; in the event of damage caused to the User by the User themselves or an unauthorized third party, as well as any event not falling within the Provider’s intervention.
It is also specified that the Provider shall not have any obligation regarding any financial gain desired by the User and related to the use of the Application.
In any event, the Provider’s liability can only be engaged in the event of proven fault or negligence and remains limited to direct damages, to the exclusion of any indirect damage, of whatever nature.
To assert their rights, the User must, under penalty of forfeiture of any related action, inform the Provider, in writing, of the existence of defects within the deadlines provided by law.
The Provider will rectify or have rectified, at its own expense and according to the appropriate terms agreed upon by the User, the Services deemed defective.
The Provider cannot be held responsible or in default for any delay, non-performance, or damage resulting from the occurrence of a force majeure event as defined by Article 1218 of the Civil Code, or in the event of fault or negligence on the part of the User.
In any event, should the Provider’s liability be established, the Provider’s guarantee would be limited to the amount excluding tax of the sums paid by the User for the provision of the Services, over an annual period.
ARTICLE 6 – INTELLECTUAL PROPERTY
The content of the website, the Application, and the “Seebee” brand are the exclusive property of the Provider and are protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.
ARTICLE 7 – HARDSHIP
In the event of a change in unforeseeable circumstances at the time of concluding the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party who has not accepted to assume a risk of excessively onerous performance may request a renegotiation of the contract with their co-contracting party.
Should the renegotiation be successful, the Parties shall promptly establish a new agreement serving as an addendum to this Contract, formalizing the outcome of this renegotiation.
Should renegotiation fail, the Parties may, in accordance with the provisions of Article 1195 of the Civil Code, jointly request the judge to terminate or adapt the contract.
Failing agreement between the Parties to jointly refer the matter to a judge within 7 (SEVEN) days from the observation of this disagreement, the most diligent Party may refer the matter to the judge with a request for revision or termination of the contract.
ARTICLE 8 – FORCE MAJEURE
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a force majeure event, as defined by Article 1218 of the Civil Code, or from exceptional health, political, or climatic hazards beyond the Parties’ control.
The obligations of the party affected by the force majeure event shall be suspended without incurring any liability whatsoever. In particular, the deadlines required for the performance of the obligations of the Party affected by the force majeure event shall be suspended for the duration of the force majeure event.
Each party undertakes to promptly notify the other, in writing, of the occurrence of any force majeure event.
The Parties shall endeavor, as far as possible, to mitigate the effects of force majeure events.
Any delay due to a force majeure event cannot constitute sufficient grounds for obtaining the termination of the contract.
If a force majeure event prevents one of the parties from performing an essential obligation under this contract for a period exceeding 60 (SIXTY) days, then the Parties shall meet as soon as possible to discuss the course of action in such a situation. Failing agreement, either Party may then terminate the contract by Registered Letter with Acknowledgment of Receipt, without compensation for either Party.
9 – APPLICABLE LAW – LANGUAGE – RIGHT TO OBJECT TO TELEPHONE SOLICITATION
These General Terms and Conditions of Sale and the operations arising therefrom are governed by French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
The Client is also informed, in accordance with the provisions of Article L 223-2 of the Consumer Code, of their right to register on the BLOCTEL telephone solicitation opt-out list, accessible at https://www.bloctel.gouv.fr/accueil
ARTICLE 10 – MEDIATION AND COMPETENT JURISDICTION
All disputes that may arise between the Parties concerning this Contract, its validity, interpretation, performance, or termination, shall mandatorily be submitted to mediation prior to any legal action.
The Parties hereby irrevocably agree to entrust this mediation mission to:
The National Chamber of Mediation Practitioners (CNPM), located at 23 rue de Terrenoire in SAINT-ÉTIENNE (42100) for professionals.
The National Chamber of Mediation Practitioners (CNPM), located at 27 avenue de la Libération in SAINT-CHAMOND (42400) for consumers.
The National Chamber of Mediation Practitioners shall be referred to, upon simple request, by the most diligent Party.
The National Chamber of Mediation Practitioners shall submit for the Parties’ approval one or more mediators, appearing on the list, depending on the importance and complexity of the matter. In case of disagreement between the Parties on this proposal, it is already agreed that the choice of the mediator(s) shall ultimately fall to the National Chamber of Mediation Practitioners itself, the Parties waiving any recourse against this designation.
The Parties agree to abide by the Mediation procedure that will be determined by the appointed mediator(s).
The Parties undertake to participate in the various meetings organized by the mediator(s) and to respond diligently to all summonses and requests made by the latter.
The Parties generally undertake to cooperate in good faith with the mediation. They undertake to respect the confidentiality attached to the conduct of this procedure, as well as to all statements, acts, documents, etc. related thereto.
The agreement signed by the Parties at the end of the mediation procedure may be countersigned by the lawyer of each party in order to give it enforceability.
The agreement signed by the Parties at the end of the mediation may also be submitted, at the initiative of one of them or at their joint request, for judicial approval in order to give it the authority of res judicata.
The remuneration of the mediator(s), as well as the expenses incurred by the mediation mission, shall be borne equally by the Parties, unless otherwise agreed between them.
In case of mediation failure, or if it has not succeeded within a period of 2 (TWO) months from the first meeting, express jurisdiction is attributed to the Commercial Court of SAINT-ÉTIENNE (42000).
ARTICLE 11 – PRE-CONTRACTUAL INFORMATION – USER ACCEPTANCE
The User acknowledges having received, prior to placing their order and concluding the contract, in a legible and comprehensible manner, these General Terms and Conditions of Sale and all information listed in Article L. 221-5 of the Consumer Code, including the following information:
- The essential characteristics of the Services, given the communication medium used;
- The price of the Services;
- In the absence of immediate performance of the contract, the date or deadline by which the Provider undertakes to supply the required Services;
- Information relating to the identity of the Provider, its postal, telephone, and electronic contact details, and its activities, if they do not emerge from the context;
- Information relating to legal and contractual guarantees and their implementation procedures;
- The possibility of resorting to conventional mediation in case of dispute;
- Information relating to the right of withdrawal, termination procedures, and other important contractual conditions;
- Accepted payment methods.
The act of a natural or legal person placing an order through the Provider implies full and complete adherence to and acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Services, which is expressly acknowledged by the User, who waives, in particular, the right to invoke any contradictory document that would be unenforceable against the Provider.
