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ARTICLE 1 - SCOPE OF APLICATION

The present terms of sale (called « terms ») apply without restriction or reservation to all purchases of the following services:

Advice in communication 360

as proposed by the Service Provider to the professional or private clients (« the Clients or the Client ») on the website www.trucker99.fr.

The main characteristics of the Services are presented on the website www.trucker99.fr.

The Client is required to acquaint him or herself with them before any order. The choice to purchase a service is the sole responsibility of the Client.

The terms are accessible at any time on the website www.trucker99.fr and prevail above any other document.

The Client declares having acquainted him or herself with the present terms and to accept them by checking the box dedicated to this effect before carrying out the online order procedure on the website www.trucker99.fr.

In absence of a proof of the contrary, the information saved in the Service Provider/'s informatic system constitute the proof of for all transactions concluded with the Client.

The service Provider/'s information is the following:
Trucker Company France
59 Avenue Jean Jaurès, 31000 Toulouse
Mail : info@trucker99.fr Telephone: +33 9 72 66 97 57

ARTICLE 2 - THE PRICE

The services are rendered at the prevailig rates stated on the website www.trucker99.fr, at the moment of registration of the subscription by the Service Provider.

The prices are expressed in euros, excluding and including VAT. All comprised VAT are also indicated in euros (VAT - other possible taxes) on the order webpage of the products, and without specific shipping fees. For the products shipped outside of the European Union and/or the French Oversees Territories, the price is calculated automatically on the invoice. Customs duties or other local taxes or import fees or state taxes are susceptible to be due in certain cases. These fees and sums are not within the responsibility of the Vendor. They are at the charge of the buyer and are his responsibility (declarations, payment to competent authorities, etc). The Vendor encourages the Buyer to inform himself to this effect about those aspects with the corresponding local authorities. The Company reserves itself the possibility of modifying its prices at any time in the future. The telecommunication fees necessary for the access to the websites of the Compeny are at the charge of the Client. The same goes for the shipment fees.

The tarifs are firm and non revisable during the validity period, but the Service Provider reserves itself the right, outside of the validity period, to modify the prices at any time.

The payment requested from the client corresponds with the total amount at purchase, all fees included.

An invoice is established by the Provider and handed to the Client at the moment of rendering the requested services.

ARTICLE 3 - THE SUBSCRIPTION

It is the Client's responsibility to select the subscription he wishes, as well as the associated services, on the website www.trucker99.fr, according to the following modalities:

The Client creates his account, proceeds with the payment of the subscription through the payment methods made available by the Provider and confirms his email address. Once the first payment is made, he can start making requests. If he has not provided his payment information and made the first payment, a message will appear inviting him to settle the same. The sale will not be considered as valid until after the full payment of the price. It is the Client/'s responsibility to verify the correctness of the order and to immediately point out any error.

Any order made on the website www.trucker99.fr constitutes the formation of a contract concluded at a distance between the Client and the Provider.

The Provider reserves the right to cancel or to refuse any order of a Client with whom there is a dispute relating to the payment of a previous order. The Client can follow the evolution of his order on the website.

The subscription to a plan on the website implicates the conclusion of a contract of a minimal term of one month with a renewal tacitly every month for the duration of two years.

Relating to the terms of the article L 125-1 of the Consumer Code, stated below:

For contracts for the provision of services concluded for a fixed period with an automatic renewal clause, the professional service provider shall inform the consumer in writing by registered letter or dedicated e-mail at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal of the possibility of not renewing the contract which he concluded with an implied renewal clause. This information issued in clear and understandable terms mentioned in an apparent box the deadline for non-renewal.

Where this information has not been sent to him in accordance with the provisions of the first subparagraph, the consumer may terminate the contract free of charge at any time from the date of renewal.

ARTICLE 4 – INVOICING AND TERMINATION

4.1 Invoicing

Subscription fees will be charged monthly on the date of placing the order. In some cases the billing date may change, for example, if your subscription started on a day not shown in a given month.

4.2 Termination

The subscription may be terminated at any time by the customer, but the customer must pay the entire remaining monthly instalments to be invoiced until the end of his 24-month commitment. The subscription is a payment facility granted by the provider for a set of services.

ARTICLE 5 - TERMS OF PAYMENT

The customer has the possibility to pay for his subscription or any purchase of additional services by secure payment according to the following terms:

- Payment by credit card via the payment tools provided by the service provider on its website (paypal, stripe, paylib, etc.)
- or payment by bank transfer to the bank account of the service provider whose contact details are communicated to the customer when placing the order.

The price is payable in full cash by the customer on the day the order is placed. The payment data is exchanged in encrypted mode thanks to the protocol defined by the authorized payment provider acting for the banking transactions carried out on the site.

Payments made by the customer will be considered final only after the actual collection of the sums due by the service provider. The service provider will not be obliged to provide the services ordered by the client if the client does not pay the full price under the above conditions.

ARTICLE 6 - RENDERING OF SERVICES

The services chosen by the customer will be provided within a maximum of seven working days for small requests between one and two months for a website from the final validation of the customer’s order under the conditions provided for in the present terms and conditions at indicated by the customer when ordering from www.trucker99.fr.

The service provider undertakes to make its best efforts to provide the services ordered by the customer within the framework of an obligation of means and within the time limits specified above.

If the ordered services have not been provided within a period of more than three months, the customer has the possibility to cancel his subscription without penalty fees and the monthly payments are stopped after the indicative date of supply. For any reason other than force majeure or the fact of the customer, the contract may be resolved at the customer’s written request under the conditions provided for in Articles L 216-2, L216-3 and L241-4 of the Consumer Code. The sums paid by the customer will then be returned to him at the latest within 14 days following the date of termination of the contract excluding any compensation or deduction.

In the event of a specific request from the customer concerning conditions of supply of the services duly accepted in writing by the service provider, the related costs shall be the subject of a subsequent additional specific invoice.

In the absence of reservations or complaints expressly issued by the customer upon receipt of the services they will be deemed to comply with the order in quantity and quality.

The customer will have a period of 14 days from the provision of the services to issue complaints only by email with all related documents to the service provider.

No claim can be validly accepted in case of non-compliance of these formalities and deadlines by the customer. The service provider shall promptly reimburse or rectify, at its own expense, services for which the customer has duly proven that they are non-compliant.

ARTICLE 7 - RIGHT OF REVOCATION

In accordance with the provisions of article L 221-5 of the French Consumer Code, the Buyer has the right to withdraw without giving reasons, within a period of fourteen (14) days from the date of receipt of the order. The right of withdrawal can be exercised by contacting the Company as follows: by email info@trucker99.fr. We inform the Customers that, in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised if a service has been provided or if the customer has been given file templates. In case of exercise of the right of withdrawal within the aforementioned period, the price of the product or products purchased and the shipping costs will be refunded, the return costs remaining at the expense of the Customer. Returns of the products must be made in their original condition and complete (packaging, accessories); if possible, they must be accompanied by a copy of the proof of purchase. In accordance with the legal provisions, you will find below the standard withdrawal form to be sent to the following address: 59 Avenue Jean Jaurès, 31000 Toulouse.

ARTICLE 8 - RESPONSABILITY OF THE PROVIDER

The service provider guarantees in accordance with the legal provisions and without additional payment the customer against any lack of conformity or hidden defect arising from a failure to design or perform the services ordered under the conditions and according to the modalities of the article L217-4, L217-5, L217-12 and L217-16 of the Consumption Code.

In order to assert its rights, the customer must inform the service provider by e-mail of the existence of a defect or lack of conformity at the following address: info@trucker99.fr. The service provider then undertakes to reimburse or rectify as far as possible the services deemed defective as soon as possible and at the latest within three months of the service provider’s finding of the defect or defect. This refund may be made by bank transfer or cheque. The service provider’s guarantee is limited to the reimbursement of the services actually paid by the customer. The service provider may not be held liable or defaulting for any delay or non-performance following the occurrence of a case of force majeure usually recognized by French jurisprudence.

The services provided through the provider’s website www.trucker99.fr comply with the regulations in force in France. The liability of the service provider cannot be incurred in the event of non-compliance with the legislation of the country in which the services are provided, which it is up to the client who is solely responsible for the choice of the services requested, to verify.

ARTICLE 9 - PERSONAL DATA

The customer is informed that the collection of his personal data is necessary for the sale of the services. These personal data are collected only for the performance of the service contract.

9.1 Collection of personal data

Creating an account

The creation of the customer account: company name, intra-Community VAT number, RCS number, SIRET, surname and first name of the reference person, postal address, email address and telephone number.

Payment

As part of the payment of the services offered on the website www.trucker99.fr this may be necessary to record financial data relating to the bank accounts or the credit card of the customer.

9.2 Recipient of personal data

Personal data are reserved for the sole use of the service provider and its employees or any other service provider who has been subcontracted all or part of the service, excluding payment data.

9.3 Data controller

The data controller is the service provider within the meaning of the French Data Protection Act as of 25 May 2018 of Regulation 2016/679 on the protection of personal data. The data controller can be contacted at info@trucker99.fr.

9.4 Processing Limitation

Unless the customer expressly agrees, his personal data will not be used for advertising or marketing purposes.

9.5 Conservation Period of data

The service provider shall keep the data thus collected for a period of five years covering the time of limitation of the applicable contractual civil liability.

9.6 Security and confidentiality

The service provider implements software and physical technical organisational measures in terms of digital security to protect personal data from unauthorized alterations, destruction and access. However, it should be noted that the Internet is not a completely secure environment and the provider cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of client and user rights

In accordance with the regulations applicable to personal data, customers of the website www.trucker99.fr have the following rights:

- They can update or delete their data by going to the account tab and selecting preferences.

- They can delete their account by writing to the email address indicated in article 9.3 « Controller »

- They may exercise their right of access to know their personal data by writing to the e-mail address indicated in article 9.3 « Processing Controller »

- If the personal data held by the service provider are inaccurate, they may request the updating of the information by writing to the e-mail address indicated in article 9.3 « Data controller »

- They may request the deletion of their personal data in accordance with the applicable data protection laws by writing to the e-mail address indicated in article 9.3 « Controller »

- They may also request the portability of data held by the service provider to another service provider.

- Finally, they may object to the processing of their data by the service provider.

Ces droits, dès lors qu'il ne s'oppose pas à la finalité du traitement, peuvent être exercé en adressant une demande par courrier ou par email au responsable de traitement dont les coordonnées sont ci-dessus. Le responsable de traitement doit apporter une réponse dans un délai maximum d'un mois. En cas de refus de faire droit à la demande du client celui-ci doit être motivé. Le client est informé en cas de refus, il peut introduire une réclamation auprès de la CNIL ou saisir une autorité judiciaire.

The customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the service provider. There will always be the option to withdraw your agreement at any time by contacting the provider or following the unsubscribe link.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the website www.trucker99.fr is the property of the seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.

ARTICLE 11 - APPLICABLE RIGHT

These General Terms and Conditions and the transactions resulting therefrom are governed by and subject to French law. These are written in French. In the event that they are translated into one or more foreign languages only the French text would make time in case of dispute.

ARTICLE 12 - DISPUTES

For any complaint please contact the customer service at the postal or email address of the service provider indicated in the article one of these terms and conditions.

The client is informed that it may in any case resort to conventional mediation with existing sectoral mediation bodies or any alternative dispute resolution method in the event of a dispute.

The customer is also informed that they can also use the online dispute settlement platform.

All disputes to which the purchase and sale transactions concluded under these General Terms and Conditions and which have not been the subject of an amicable settlement between the seller or by mediation shall be submitted to the competent courts under the conditions of ordinary law.

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