General Clauses 

Our sales are subject to the present General Terms and Conditions of Sale which prevail, in accordance with the provisions of Article L. 441-6 of the French Commercial Code, over all conditions of purchase, except for special terms and conditions of sale agreed upon by the parties.

Orders 

An order must be confirmed systematically in writing: mail or email.

The taking into account of this order is effective once the acknowledgement of receipt returned.

Deliveries 

Unless mentioned in the price offer, shipping costs are at the customer's expense and are not included in the prices indicated.

Prices and Terms of Payment 

The prices in force are those indicated in the offer, subject to the validity of the offer.

The standard terms of payment are "with order by check or bank transfer." No discount is granted for early payment.

In case of a prior agreement for a payment term, in case of late payment and after a prior notice of default, the customer shall be liable to interest on arrears equal to 6 times the general interest rate. The customer is deprived of the benefit of the term and BeeGuard may require immediate payment of the balance of the price still due.

The customer shall bear all costs incurred by BeeGuard for the recovery of the sums due, the minimum fixed compensation is forty euros, due by right, without the need for a reminder.

BeeGuard may also claim from the customer, as a penalty clause, an indemnity corresponding to 10% of the balance.

BeeGuard reserves the right, with or without notice, to suspend the current orders of the customer, until he has paid the amounts due, and to take back possession of the material delivered.

Reservation of Ownership and Transfer of Risks 

In application of the Article 2367 and following of the Civil Code, all sold goods remain the property of BeeGuard until the full payment of all items purchased (clauses of property). In the event of litigation or dispute on behalf of the customer, no compensation of any kind can call into question this clause of Reservation of Ownership. This provision does not prevent the transfer to the customer, upon delivery, of the risks of loss and deterioration of the goods sold, as well as the damage they may cause.

Intellectual Property 

The Intellectual Propertý Rights to the Products, Software, Trademark, Brand, Design, Model, and Domain Name are at no time transferred to the Buyer. The Buyer only benefits from a non-exclusive right of use of the Products. 

The Buyer may not reproduce or manufacture the Products, Software, Trademark, Brand, Design, Model, and/or Domain Name, nor disclose or reproduce the logos, photos, videos, studies and documents of any kind from BeeGuard, in connection with the Products or not, without the prior written authorization of BeeGuard.

Warranty 

Any claim must include details of the use of the product, the date of purchase and the location of the product at the time of the defect.

Liability is limited solely to the goods supplied by BeeGuard and does not apply to damage, injury, or loss of income arising from the defect in the goods.

Condition of Application of the Warranty

The goods sold are guaranteed against operating defects arising from a defect in material, workmanship, or design, for a period of two (2) years from the date of invoice, subject to proper use of the product by the customer.

The Warranty is excluded if the defect results from a modification of the product, negligence, or lack of maintenance by the customer, including the use of battery pack not provided by BeeGuard or the maintenance in the boxes of a used battery pack.

Limitation of the Warranty 

The Warranty is limited to the repair or, at BeeGuard's choice, the replacement of the equipment recognized as defective by BeeGuard's technical service. BeeGuard will in no way be required to repair the damage caused by this defect including, in particular, the unavailability of the equipment during the time of repair or replacement.

The Warranty does not extend to the time required to repair, refurbish, or replace the material.

The customer must ensure at the time of delivery, in the presence of the carrier, that the packages bear no trace of distress, debris, or breakage, and that the number of packages corresponds to that mentioned on the transport documents.

The customer must make mention of the reserves on the transport documents, or failing that, notify them in accordance with Article L.133-3 of the commercial code, to the carrier by registered letter with acknowledgement of receipt at the latest in the three (3) days following the delivery, with a copy sent to BeeGuard. Otherwise, no claim can be accepted by BeeGuard.

The return must be made, after having made a prior request to BeeGuard, which will provide a return number. The transport costs of the return of goods are at the expense of the customer.

In case of return of goods due to the fact of the customer, an invoice, of a minimum amount previously defined, will be edited.

The products must be returned in their original undamaged packaging, accompanied by the return number, the original delivery note or the invoice, within five (5) days of the return request.

In accordance with Article 18 of the decree 2005-829 of July 20, 2005 relating to the composition of electrical and electronic equipment (EEE) and the elimination of waste from this equipment, the organization and the financing of the removal and the treatment of the waste of professional EEE object of the present sales contract are transferred to the customer who accepts them.

The customer ensures the collection of the EEE object of the sale, its treatment and its recovery, in accordance with Article 21 of the aforementioned decree.

The aforementioned obligations must be transmitted by the successive customers until the final user of the EEE.

Protection of Personal Data 

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, BeeGuard implements a processing of personal data which has for purpose the sale, delivery and maintenance of products and services. The Buyer is informed of the following elements:

- The identity and contact details of the data controller and, where appropriate, the representative of the data controller: BeeGuard 414 Rue de la Découverte INNOPOLIS Hall B 31670 LABEGE.

- The contact information of the data protection representative: Mr. Christian LUBAT.

- The legal basis of the treatment: the contractual execution.

- The recipients of the personal data: the data controller, its marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and orders, the department in charge of support, training or after-sales service, the subcontractors involved in delivery operations as well as any authority legally authorized to access the personal data in question.

- No transfer to a third party not necessary in the process of customer relationship relating to this sale is made in or outside the EU, in particular there is no donation, exchange or sale of customer data for the purpose of prospecting a third party.

- The duration of data retention: the time of the commercial prescription at the end of the subscription commitments.

- The data subject has the right to request from the data controller access to personal data, the rectification or erasure of such data, or a restriction of the processing relating to the data subject, or the right to object to the processing and the right to data portability.

- The data subject has the right to lodge a complaint with a supervisory authority.

- The information requested at the time of the order is necessary for the preparation of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed.

No automated decision or profiling is implemented through the ordering process.

Protection of Measurement Data

The measurement data of the sensors is stored on our computer servers.

The customer can request the complete deletion of this data at any time.

The customer can autonomously retrieve his or her data for analysis, storage or portability purposes by using the export function.

This data is accessible to BeeGuard's internal services in charge of computer security, sales, delivery, order, support, training, or after-sales service and the Research and Development department to ensure the service offered to the buyer and the improvement of it.

This data is not given or transferred to a third party without the prior agreement of the buyer.

Force Majeure

BeeGuard is not responsible for delay or failure to perform its obligations in case of force majeure, in particular in case of natural disaster, bad weather, fire, explosion, flood, national strike, accident, riot or civil disorder, abnormal delay of a supplier, shortage of products and materials.

All disputes arising from sales operations subject to these General Terms and Conditions of Sale shall fall under the exclusive jurisdiction of the Commercial Court of Toulouse.