Terms and conditions of sale
These General Terms and Conditions of Sale are accessible at all times on the website and shall prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded by AD TELA constitutes proof of all transactions.
Validation of the service order by the Customer, via the online console(expedy.co.uk/console) or via the WebService API, implies unreserved acceptance of these General Terms and Conditions of Sale.
1. Purpose and scope of these Conditions
(1) The present general conditions govern the rights and obligations linked to the use of the services of the supplier EXPEDY – AD TELA SAS – 9 rue du renard – 76000 ROUEN. registered with the RCS ROUEN – SIRET: 83767873900025 – VAT: FR96837678739.
AD TELA is known to its customers as “EXPEDY” or “PRINTER POINT”.
(hereinafter: Service Provider), and the User in connection with the use of the Service, which is generally made available over the Internet on EXPEDY websites or other Service Provider URLs.
https://www.expedy.io
https://www.expedy.fr/console
https://www.printer-point.com
https://www.imprimante-ubereats.com/
(2) The Provider’s service essentially consists in granting the user the possibility of using the service via the Internet, on servers within the Provider’s sphere of influence, to which the user, to the extent necessary, is granted access and usage rights. When using the software as a service (SaaS), the user will be able to enter data and use various functions. EXPEDY services include (but are not limited to) the website, EXPEDY application, mobile applications, blog, newsletters, forum and help section.
(3) A prerequisite for trouble-free use of the service is a reliable, continuous Internet connection to the service provider’s servers. It is the customer’s responsibility to establish this connection using their own device.
(4) Only the general terms and conditions of the service provider apply. Conflicting conditions or conditions which differ from the conditions provided by the user are not recognized by the service provider, unless their validity has been explicitly agreed in writing. In the event of conflicting conditions, these terms and conditions shall continue to apply.
(5) If the term “the service provider’s website” is used hereinafter, it shall mean the website or websites of the service provider through which the service is generally accessible to the service provider on the Internet, within the meaning of paragraph 1.
2. Conclusion of contract
(1) Unless individually agreed otherwise, a contract can only be concluded once the registration process has been completed, by confirmation from the service provider to the user, in writing by e-mail or by making the service available.
(2) The user has the option of printing out the text of the contract from the website, during the registration process and prior to the conclusion of the contract.
(3) The user is not entitled to conclude a contract. The service provider is free to reject any offer by a user to enter into a contract without giving any reason.
(4) By registering for the services provided on any of the EXPEDY websites, you accept and agree to the Terms of Subscription (“the Terms”) described below, including your consent to the processing and sharing of your personal data, necessary to provide the EXPEDY service to you and always in compliance with all data protection legislation.
(5) In order to use our services, you must fully accept the Privacy Policy and the Terms and Conditions. You agree that you have read and understood the terms and conditions, as well as the privacy policy upon acceptance.
(6) The prerequisite for registration is that the user is fully legally competent, has a minimum age of 18 and is an entrepreneur, self-employed person or business owner and uses the services exclusively for professional use. Minors are prohibited from registering. In the case of a legal entity, registration must be carried out by a natural person who has unlimited legal capacity and is authorized to represent.
3. Service provider services
(1) These General Terms and Conditions of Sale apply, without restriction or reservation, to all services offered by AD TELA on its website www.expedy.fr/console, relating to the provision of the following services:
EXPEDY TMS (Transport Management System)
Automate logistics processing of orders, facilitate pick-ups, create and manage transport labels and track parcels.
EXPEDY COURSIER
Application for couriers, enabling delivery management, tracking and API interconnection with other computerized systems.
EXPEDY PRINT
Remote management solution for connected printers (IoT). Cloud print server. MQTT server.
EXPEDY M2M
M2M SIM card for connected objects (IoT).
(2) The content and scope of the services are governed by the respective contractual agreements, and exclusively according to the functionalities of the service described in the conclusion of the contract on the service provider’s website.
(3) The service provider may offer test versions in the form of test access. During the specified test period, use of the service is free of charge. If the user wishes to continue using the services after the end of the test period, a billable contract is required.
(4) Only the respective user is entitled to use the service. A transfer of the user account to third parties or any other use option offered by the user to third parties is prohibited and entitles the service provider to extraordinary termination, or except in cases of special authorization an account transfer charge.
4. Duties of users
(1) The user is obliged to provide truthful information about himself or his company in connection with the use of the service.
(2) When using the service, the user is obliged to comply with applicable laws and to refrain from any activity that alters or excessively degrades the operation of the service or the underlying technical infrastructure.
(3) The user is not permitted to pass on his/her login data to third parties. The user is obliged to manage his or her connection data with care and to prevent any misuse of connection data by third parties.
(4) The user is solely responsible for compliance with his maintenance obligations. He shall ensure the legality of his documents and data, where applicable, and that the financial authorities have access to these documents.
5. Notice of right of revocation
(1) The service provider offers its services exclusively to entrepreneurs and companies.
(2) There is no right of revocation for any intended use of the services provided by the service provider.
6. Contract duration
(1) The subscription begins with the conclusion of the contract and lasts indefinitely.
(2) All test access ends automatically at the end of the respective test period. No special notification is required for test access.
7. Prices and terms of payment, account blocking, account deletion and price adjustments
(1) The service provider offers its services in various free and fee-based variants. The agreed prices can be found in the current price and payment conditions.
(2) Payment for a paid subscription is made bi-monthly, monthly or annually, depending on the service offered, by direct debit via the STRIPE or GOCARDLESS electronic payment service provider. The billing period runs one month or one year in advance, from the date on which the user subscribes to the paid version. The service provider reserves the right to introduce the possibility of purchasing subscriptions for different periods (e.g. quarterly) or to introduce related services offering other billing models (e.g. use of a service in 1 instalment).
(3) The right to payment of the respective usage fees becomes due immediately upon receipt of the invoice and will be deducted from the bank account (in countries where this is available) on a bi-monthly, monthly or annual basis, until termination of the subscription contract.
(4) EXPEDY reserves the right to replace the billing entity with another subsidiary of AD TELA, as required.
(5) There is no refund of monthly or annual fees in the event of premature termination by the user. Upon termination of the contract, the product version can be used in full until the end of the contract period.
(6) If the subscription fee cannot be debited from the bank account in time, e.g. due to insufficient funds, the user’s access to the services may be suspended. Upon receipt of payment, access to the system will be restored within 72 hours. The cost is €20.00 per rejected charge and will be invoiced to the user. Any delay in payment will result in late payment penalties at a rate at least equal to three times the legal interest rate in force in France, and a minimum fixed indemnity of 40 (forty) euros for collection costs, due by operation of law, without the need for a reminder.
(7) If the account is deleted by the user before the end of the contract, this account will be inaccessible immediately after deletion. In this case, even if a new account is created, the remaining instalments cannot be refunded or credited to a new account. The non-refundability of residual amounts also applies in the event of exceptional and lawful termination by the service provider for non-contractual use of the services.
(8) The user agrees that electronic mail (using an e-mail address provided by the user) may be used as a means of sending invoices and payment reminders.
(9) The service provider has the right to change the agreed prices at his discretion and in a reasonable manner. Such a price change is permitted only once per calendar year and must be announced at least four weeks before it becomes effective in text form. The user may terminate the agreement within one month of receiving notice of the change, with effect from the time at which the price increase is to take effect.
8. Termination of contract
(1) The user may test the paid subscription free of charge for a period defined by the service provider. No specific notice is required for this. If the user has not submitted any payment information after the test period has expired, no further obligations or costs will be incurred by the user.
(2) Subscriptions can be cancelled by users without notice at the end of the month or year (or other billing periods), depending on the duration chosen by the user. Cancellation can be made by simple email request.
(3) In some cases, the user can choose between an annual subscription and a monthly subscription. If the user wishes to switch from a monthly to an annual subscription, this is possible from the first day of the following billing month. The subscription is automatically extended by one year, and the annual fee is due on receipt of the invoice. The yearly subscription can be cancelled up to the last day of the yearly subscription. The same applies to switching from a monthly or annual subscription to another monthly or annual subscription. If the user switches from an annual subscription to a monthly subscription, this is possible up to the last day of the fiscal year, and from the first day of the following fiscal year if a monthly subscription option is available. The subscription will then continue to operate automatically on a monthly basis. A similar mechanism will be valid if the service provider introduces a different billing period.
(4) Each party’s right to extraordinary termination remains unaffected.
(5) EXPEDY reserves the right to delete customer data after termination of the contract, regardless of the reason for termination, and EXPEDY is not obliged to store customer data after this date. EXPEDY only retains the data required for the minimum period in order to comply with applicable legal requirements after termination of the subscription.
(6) EXPEDY ensures that it always acts in compliance with the General Data Protection Regulation (GDPR) and all legislative requirements regarding data protection.
9. Warranty and service availability
(1) The Application and service are provided “as is” and EXPEDY expressly disclaims all other representations, warranties, conditions or other terms, express or implied, statutory, collateral or otherwise, including, but not limited to, warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
(2) EXPEDY has the right to make operational changes to the System for improvements or otherwise (e.g. by developing or replacing technical equipment, maintenance or updating software) without prior notice to the Customer. In certain circumstances, it may be necessary to suspend access to the console interface, usually between 21:00 and 06:00 Central European Time. Notice of suspension will be given to the customer in advance if possible. EXPEDY will not be liable for the consequences of such suspension. This suspension does not apply to API/webservice access available 365/7/24.
(3) The service provider assumes no responsibility for the functionality of the connection to its servers in the event of a power failure or the failure of servers outside its area of influence.
(4) In the event of server downtime, EXPEDY guarantees that the servers will be up and running again within a maximum of four hours, subject to the responsiveness and problem caused by the host.
(5)EXPEDY undertakes to provide all the human and technical resources necessary for the performance of the services covered by these terms and conditions. In particular, EXPEDY undertakes to inform the customer to the best of its knowledge of the risks inherent in the intervention requested. Insofar as the proper functioning of new equipment, software, or the result of an IT service, depends not only on the quality of the hardware and software installed and the services performed, but also on factors independent of EXPEDY, such as the original installation, working methods and the qualifications of the user, EXPEDY is only responsible for an obligation of means and not of result.
(6) EXPEDY may not be held liable for any direct or indirect consequences resulting from the malfunction or non-operation of the customer’s equipment, and in particular for any loss of data, non-compliance, incompatibility, malfunction or deterioration, whether or not as a result of its intervention. Under no circumstances, and whatever the service requested, can EXPEDY be held responsible for damage to equipment and/or total or partial loss of the customer’s computer data, whatever the reason.
(7) EXPEDY cannot be held liable for indirect damages such as, in particular, commercial loss, loss of clientele, loss of orders, or loss of brand image.
10. Rights of use
(1) The Service Provider grants the User for the duration of this Agreement a simple, unrestricted, non-transferable, non-sublicensable and personal right to use the EXPEDY Software used by the Service Provider for the provision of its Services in accordance with these Terms and Conditions.
(2) The user has the right to access the software running on the service provider’s computer systems in order to process his data.
(3) Unless otherwise authorized (e.g. reseller account), the user may use the processing software only for his own business purposes and only by his own personnel.
(4) No intellectual property rights are assigned to the customer. Customized software relating to the System also remains the property of EXPEDY, unless otherwise stated.
(5) The Customer grants EXPEDY, its suppliers and subcontractors, an irrevocable worldwide non-exclusive license to provide the Application and any required related services, with respect to any material uploaded by the Customer and any Customer data. to the Customer. The Customer represents and warrants that no uploaded content or Customer data will infringe any third party rights or intellectual property rights and will not contain any content that is obscene, offensive, inappropriate or contrary to applicable law.
(6) The Customer agrees that EXPEDY has the right to use subcontractors in all areas, including the implementation and operation of the Application and the storage of Customer data.
(7) The service provider is not obliged to provide the user with the software source code.
(8) The Application and all information it provides, other than Customer data, are protected by copyright and other intellectual property rights, and are the property of EXPEDY, or are licensed to EXPEDY. Any development or adaptation of such intellectual property by the Customer shall be vested in EXPEDY. Customer shall inform EXPEDY of any actual or suspected infringement of EXPEDY’s intellectual property rights and of any unauthorized use of the Application of which Customer becomes aware.
11. Privacy and customer data
(1) The service provider shall ensure that personal data is collected, stored and processed by users only to the extent necessary for the performance of the contract and permitted by law, or ordered by the legislator. The service provider will treat personal data confidentially and in accordance with the provisions of the applicable data protection law and will not disclose it to third parties, unless this is necessary for the performance of contractual obligations and / or a legal obligation to transmit to third parties.
(2) In order to guarantee audit-proof data processing, the creation, modification and deletion of data with indication of the user name and processing date are recorded.
(3) Use of the service may require the service provider to process personal data on behalf of the user. This requires a separate agreement for the processing of personal data. The parties agree that the customer is responsible for processing the data he uploads to the EXPEDY application and that he may modify or delete this data as required. EXPEDY is at all times a subcontractor, processing data on behalf of the Customer.
(4) The Customer confirms that it is authorized to instruct EXPEDY to process such information, and that any instructions given will be lawful.
(5) EXPEDY will only process the Customer’s data in accordance with the Customer’s instructions and not for its own unauthorized use.
(6) With respect to the parties, the Customer must own all data it provides to EXPEDY or the Application. The Application allows the Customer to export records and data held by the Application and the Customer agrees to export all data prior to termination of the subscription.
(7) EXPEDY shares data processing information solely for the purpose of providing its Services to the Customer or when required by a court or regulatory authority and then only to the extent necessary.
(8) If EXPEDY needs to share data outside the EEA, or with territories not pre-approved by the European Commission, we guarantee the full satisfaction of the level of data protection maintained by these subcontractors.
(9) EXPEDY shall keep confidential all confidential information of the Customer which the Customer provides to EXPEDY except where such information has fallen into the public domain other than by breach of this clause, or where EXPEDY has obtained such information from a third party without an obligation of confidentiality or where the information is required to be disclosed by a regulatory or governmental body or a court of competent jurisdiction, and then only to the extent necessary.
(10) EXPEDY takes all necessary technical and organizational security measures to ensure the safe and secure processing of Customer data and to prevent system information from being accidentally or unlawfully destroyed, lost or wasted and to prevent such information from falling into the hands of unauthorized parties or from being misused, or otherwise processed in a manner that is contrary to data protection legislation. EXPEDY complies with its obligations under all applicable data protection legislation as a data processor and takes specific guidance from the General Data Protection Regulation.
(11) In the event that declarations of consent to data protection are obtained from the user in connection with the use of the service provider’s services, it is made clear that these can be revoked by the user at any time.
12. Service changes
(1) The service provider periodically adjusts its services provided over the Internet at its sole discretion, based on technological development, as well as market needs in order to adapt the intended use in accordance with the product description. This may include changes to the content of the service, such as new or modified features, and adaptations to new technologies. Since these changes are in the nature of the solution, the user cannot derive any rights or claims from them.
(2) The service provider also has the right to offer new services against payment and to discontinue the provision of free services. Furthermore, the service provider may add additional chargeable services to existing chargeable subscriptions. When modifying chargeable services, the service provider will pay particular attention to the legitimate interests of users and announce them in good time.
13. Limitation of liability
(1) Damages for breach of contract and unlawful action can only be enforced if there is proof of intentional gross negligence on the part of EXPEDY and/or its agents. The disclaimer below does not apply to the breach of essential contractual obligations.
(2) In addition, EXPEDY’s liability remains unaffected in the event of personal injury and mandatory statutory provisions.
(3) With regard to free services, the service provider cannot be held liable beyond what is provided for in paragraphs 1 and 2.
(4) EXPEDY is not liable for service interruptions due to force majeure, in particular in the event of failure or overload of global communication networks. For this reason, the customer cannot claim a reduction in his service obligation.
(5) EXPEDY is not responsible for the information published on its services. The sender is responsible for its accuracy, completeness and timeliness.
(6) The service provider is not liable for loss of data insofar as the damage is due to the user’s failure to meet his legal retention obligations (see section 4.4 of these General Terms and Conditions) and therefore the lost data cannot be restored with a reasonable effort.
(7) EXPEDY shall not be liable for any damages that the customer may suffer as a result of the lack of security measures in data transmission.
(8) Any liability for damages is limited to the amount of the annual fee. Liability for damages due to loss of data is limited to the amount that would have resulted from adequate data protection, however, this may not exceed the annual fee.
(9) Any claim for compensation by the customer expires one year after its occurrence. This limitation shall not apply if EXPEDY has acted with gross negligence or intent.
(10) Liability for defective products remains unchanged.
14. Modifications to the General Terms and Conditions
(1) The Service Provider reserves the right to change these General Terms and Conditions at any time with effect even in existing contractual relationships, provided that such change, taking into account the interests of the Service Provider, is reasonable for the User; this is particularly the case when the change is without significant legal or economic disadvantage to the User, e.g. changes in the registration process or changes in contact information.
(2) All other changes to the General Terms and Conditions will be notified by the service provider to registered users at least 4 weeks before the planned entry into force of the changes. The changes will be communicated to the user by e-mail. Unless the user objects within 4 weeks of receipt of the notice, the contract of use will continue and be in force, even with the modified General Terms and Conditions. In the amendment notification, the service provider will inform the user of his right to object and of the consequences of an objection. In the event of an objection, the service provider has the right to terminate the contractual relationship with the user at the time of the planned entry into force of the modifications.
15. Final provisions
(1) These Terms and Conditions shall be governed by and construed in accordance with the laws of the French Republic, and the Courts of the French Republic shall have exclusive jurisdiction to determine any dispute concerning these Terms and/or their subject matter.
(2) If the user is a merchant, a legal person under public law or a special fund under public law, the registered office of the service provider is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
(3) Should individual provisions of these General Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
16. Right of withdrawal
On delivery, it is the Customer’s responsibility to check that the Products delivered conform to the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No complaint concerning the quantity or condition of the Product will be accepted if the complaint has not been indicated on the delivery slip.
If the Customer is not completely satisfied with a delivered Product, he may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with article L.221-21 of the French Consumer Code, and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to send a request by e-mail to support@expedy.fr.
The Operator will acknowledge receipt of the Customer’s withdrawal request by e-mail.
Where applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:
name, address, telephone number and e-mail address ;
decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail, where these details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form, but is not obliged to do so.
The cost of returning the Product is borne by the Customer, unless the Product cannot normally be returned by post, in which case the Operator will collect the Product at its own expense.
The exceptions of article L.221-28 of the French Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract :
supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal;
the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
the supply of goods made to the consumer’s specifications or clearly personalized;
the supply of goods liable to deteriorate or expire rapidly;
the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional;
maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
concluded at a public auction;
the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time;
the supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.
The Product must be returned in its original packaging, in perfect condition, fit for resale, unused and with all accessories.
In addition to the returned Product, the return parcel must also contain a letter specifying the Customer’s exact and complete contact details (surname, first name, address), the order number and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements required to implement the Customer’s reimbursement. This refund may be made by the same means of payment as that used for the Customer. Customers who have paid for their order in the form of credit notes/gift vouchers may be reimbursed by credit notes/gift vouchers at the discretion of the Operator.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges that he has been informed of the terms and conditions of withdrawal.
17. Rental agreement
In the case of a leasing contract with our financial partner Grenke.
Termination, payment and price revision terms will be those of the Grenke contract.
Acceptance of terms and conditions
The fact that the Customer uses the online interface or connects to the webservice provided by the Service Provider implies full acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who notably waives the right to invoke any contradictory document, which would be unenforceable against the Service Provider. Furthermore, by making a shipment with a carrier, the Customer acknowledges having read and accepted the General Terms and Conditions of Sale of the carrier used, and being informed of any surcharges applied by this carrier.