=> Terms and Conditions were translated from French, the French version is the legally binding version. <=
These General Terms and Conditions of Sale are accessible at any time on the website and will prevail, if necessary, 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.
The validation of the service order by the Customer, via the online console (expedy.fr/console) or via the WebService API, implies unreserved acceptance of these General Terms and Conditions of Sale.
1. Purpose and scope of these Terms
(1) These general terms and conditions govern the rights and obligations associated with the use of the services of the supplier EXPEDY - AD TELA SAS - 12 rue des bons enfants - 76000 ROUEN. registered with the ROUEN Trade and Companies Register - SIRET: 83767873900017 - 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 on the Internet on EXPEDY websites or other URLs of the Service Provider.
(2) The service provider's service essentially consists of the granting of the possibility to use the service via the Internet on servers within the provider's sphere of influence, to which the user, to the extent necessary, receives access and usage rights. When using the software as a service (SaaS), the user can 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 condition for trouble-free use of the service is: a reliable continuous Internet connection to the service provider's servers. It is the responsibility of the customer to establish this connection using his or her own device.
(4) Only the general terms and conditions of the service provider shall apply. Conflicting terms and conditions or terms and conditions that differ from the terms and conditions provided by the user shall not be recognised by the service provider, unless their validity has been explicitly agreed in writing. In the event of conflicting conditions, these general terms and conditions shall continue to apply.
(5) If the term "the Service Provider's website" is used below, it shall mean the website or websites of the Service Provider, within the framework of which the service is generally accessible to the Service Provider on the Internet, within the meaning of paragraph 1.
2. Conclusion of the contract
(1) Unless individually agreed otherwise, a contract can only be concluded after the registration process has been completed by the Service Provider's confirmation to the user in writing by e-mail or by the provision of the service.
(2) The user has the option of printing out the text of the contract from the website during the registration process and before the contract is concluded.
(3) The user is not entitled to conclude a contract. The service provider is free to reject any offer by a user to conclude 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.
(6) The prerequisite for registration is that the user is fully legally competent, has a minimum age of 18 years and is an entrepreneur, self-employed person or business owner and uses the services exclusively for professional purposes. Minors are not allowed to register. In the case of a legal entity, registration must be carried out by a natural person who has unlimited legal capacity and is authorised to represent.
3. Services of the service provider
(1) These General Terms and Conditions of Sale apply, without restriction or reservation, to all the services offered by the company AD TELA on its Internet site www.expedy.fr/console, relating to the provision of the following services :
- EXPEDY TMS (Transport Management System)
Automate the logistical processing of orders, facilitate pick-ups, create and manage transport labels and track packages.
- EXPEDY COURIER
Application for couriers allowing the management of deliveries, tracking and API interconnection with other computerised systems.
- EXPEDY SHOP
Online shop solution, for merchants, to create and manage their online shop.
- EXPEDY MANAGEMENT
API gateways, interface, sales channels, logistics software, management, invoicing, electronic payment.
- EXPEDY PRINT (Printer-Point.com / expedyprint.com)
Remote management solution for connected printers (IOT).
- EXPEDY MOBILE
SMS sending solution (notification and marketing) and M2M SIM card packages for connected objects.
- WEBMASTERING / MARKETPLACE
Website management / Marketplace sales development.
(2) The content and scope of the services shall be governed by the respective contractual agreements and exclusively in accordance with the functionality of the service described in the conclusion of the contract on the website of the service provider.
(3) The service provider may offer test versions in the form of test access. During the specified test period, the 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 chargeable contract is required.
(4) The services provided by the Provider include in particular the areas of "transport label creation" and "webshop creation", which may be offered for a certain period of time within the framework of a "subscription".
(5) 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 an extraordinary termination, or unless specially authorised, a charge for account transfer.
4. Duties of the users
(1) The user is obliged to provide truthful information about him/herself or his/her company in connection with the use of the service.
(2) When using the service, the user is obliged to comply with the applicable laws and to refrain from any activity that unduly impairs or degrades the functioning 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 connection data carefully and to prevent any misuse of the connection data by third parties.
(4) The user shall be solely responsible for compliance with his maintenance obligations. He shall ensure that his documents and data are legal and that the financial authorities have access to these documents.
5. Notice of the 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. Duration of the contract
(1) The subscription begins with the conclusion of the contract and lasts indefinitely.
(2) All access to the test is automatically terminated at the end of the respective test period. No special notification is required for test access.
7. Prices and payment conditions, 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 currently valid price and payment conditions.
(2) Payment for a chargeable subscription shall be made bi-monthly, monthly or annually, depending on the duration of the contract offered, by direct debit (SEPA). The billing period shall run one month or one year in advance, starting from the date on which the user registers for 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 one go).
(3) The right to payment of the respective user 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 the subscription contract is terminated.
(4) EXPEDY reserves the right to replace the billing entity with another subsidiary of AD TELA, as required.
(5) There shall be 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 monthly or annual 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 reinstated. The cost is €20.00 per rejected charge and will be charged to the user. Any delay in payment will result in late payment penalties at a rate of at least three times the legal interest rate in force in France, and a minimum fixed compensation of 40 (forty) euros for collection costs, due by right, 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 the 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-refund of the remaining 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 e-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 its discretion and in a reasonable manner. Such a price change is only permitted 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 after receipt of the notice of change, with effect from the time at which the price increase is to take effect.
8. Termination of the 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 expiry of the test period, no further obligations or costs will be incurred by the user.
(2) The subscription can be cancelled by the 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 done 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 change from a monthly to an annual subscription, this is possible from the first day of the following billing month. The subscription will automatically be extended by one year and the annual amount is due upon receipt of the invoice. The annual subscription can be cancelled until the last day of the annual 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 until the last day of the financial year and from the first day of the next financial year, if there is an option for a monthly subscription. 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) The right to extraordinary termination of either party remains unaffected.
(5) EXPEDY reserves the right to delete the customer's data after termination of the contract, regardless of the reason for termination, and EXPEDY is not obliged to store the customer's data after this date. EXPEDY only retains the data required for the minimum period to comply with applicable legal requirements after termination of the subscription.
(6) EXPEDY shall ensure that it always acts in compliance with the General Data Protection Regulation (GDPR) and all legislative requirements on data protection.
9. Warranty and availability of services
(1) The Application and the service are provided on an "as is" basis 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 (for example by developing or replacing technical equipment, maintenance or upgrade software) without 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 shall not be liable for the consequences of such suspension. This suspension does not affect the 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 and failure of servers outside its area of influence.
(4) In the event of a server outage, EXPEDY guarantees to have the servers back up and running within four hours, subject to the responsiveness and problem caused by the hosting provider.
(5) EXPEDY undertakes to provide all the human and technical resources necessary for the performance of these general conditions. EXPEDY undertakes in particular to inform the client to the best of its knowledge of the risks inherent in the requested intervention. 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 provided, 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 shall not be liable for any direct or indirect consequences of the malfunctioning or non-functioning of the client's equipment, including any loss of data, non-conformity, incompatibility, malfunction or degradation, whether or not resulting from its intervention. Under no circumstances, and whatever the service requested, EXPEDY cannot be held responsible for damage to the equipment and/or total or partial loss of the client's computer data, whatever the reason.
(7) EXPEDY shall not be liable for any consequential damages such as, but not limited to, loss of business, loss of customers, 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 shall have the right to access the software operated on the Service Provider's computer systems in order to process its data.
(3) Unless specifically authorised (e.g. reseller account), the user may use the processing software only for his own business purposes and only by his own staff.
(4) No intellectual property rights are assigned to the customer. Customised software relating to the System shall also remain the property of EXPEDY, unless otherwise stated.
(5) The Customer grants EXPEDY, its suppliers and subcontractors, an irrevocable worldwide non-exclusive licence to provide the Application and any related services required, in respect of any material downloaded by the Customer and any data of 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 for the implementation and operation of the Application and the storage of the Customer's data.
(7) The service provider is not obliged to provide the user with the source code of the software.
(8) The Application and all the information it provides, other than the Customer's 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 this intellectual property by the Client shall be vested in EXPEDY. The Customer shall inform EXPEDY of any actual or suspected infringement of EXPEDY's intellectual property rights and of any unauthorised use of the Application of which the Customer is aware.
11. Privacy and customer data
(1) The service provider shall ensure that personal data is only collected, stored and processed by users to the extent that this is necessary for the performance of the contract and permitted by law, or ordered by the legislator. The service provider will treat the 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 fulfilment of contractual obligations and/or a legal obligation to pass it on to third parties.
(2) To ensure audit-proof data processing, the creation, modification and deletion of data with indication of the user name and the date of processing are recorded.
(3) The use of the service may require the service provider to process personal data on behalf of the user. A separate agreement for the processing of personal data is required for this. The parties agree that the customer is responsible for the processing of the data he/she uploads to the EXPEDY application and that he/she can modify or delete this data as required. EXPEDY is at all times a subcontractor, processing the data on behalf of the Customer.
(4) The Customer confirms that he/she is authorised to request EXPEDY to process this information, and that any instructions given will be legal.
(5) EXPEDY will only process the Customer's data in accordance with the Customer's instructions and not for its own unauthorised use.
(6) With respect to the parties, the Customer shall own all data that 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 only 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 will keep confidential all confidential information of the Customer that the Customer provides to EXPEDY except where such information has become public knowledge other than through a 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 shall take all necessary technical and organisational security measures to ensure the safe and secure handling of the Customer's data and to prevent the information in the system from being accidentally or unlawfully destroyed, lost or wasted and to prevent such information from falling into the hands of unauthorised parties or from being misused, or otherwise dealt with in a manner which 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 data protection consent statements are obtained from the user in the course of using the service provider's services, it is hereby clarified that these can be revoked by the user at any time.
12. Changes to the services
(1) The Service Provider shall periodically adjust its services provided on the Internet at its sole discretion, based on technological development and market needs, in order to adapt the intended use according to 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 is also entitled to offer new services against payment and to discontinue the provision of free services. In addition, the Service Provider may add additional chargeable services to existing chargeable subscriptions. When modifying paid services, the service provider shall pay particular attention to the legitimate interests of the 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 evidence of intentional gross negligence on the part of EXPEDY and/or its agents. The disclaimer mentioned below does not apply to the breach of essential contractual obligations.
(2) In addition, EXPEDY's liability for personal injury and mandatory statutory provisions remains unaffected.
(3) With regard to free services, the service provider shall not be liable beyond what is provided for in paragraphs 1 and 2.
(4) EXPEDY is not liable for interruptions of service due to force majeure, in particular in the event of a failure or overload of the global communication networks. For this reason, the customer cannot claim a reduction of its 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 the loss of data to the extent that the damage is due to the user's failure to meet its legal retention obligations (see section 4.4 of these Terms and Conditions) and therefore the lost data cannot be restored with a reasonable effort.
(7) EXPEDY shall not be liable for any damage that the customer may suffer due to the lack of security measures in the transmission of data.
(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 does not apply if EXPEDY has acted with gross negligence or intent.
(10) Liability for defective products remains unaffected.
14. Changes 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 within the existing contractual relationship, provided that such a 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 for the user, e.g. changes in the registration process or changes in the contact information.
(2) All other changes to the General Terms and Conditions shall be notified by the service provider to the 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 notification, the user contract shall continue and be effective even with the amended General Terms and Conditions. In the notification of the change, the Service Provider shall inform the user of his right to object and the consequences of an objection. In the event of an objection, the Service Provider shall be entitled to terminate the contractual relationship with the user upon the planned entry into force of the changes.
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 shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
(3) If individual provisions of these General Terms and Conditions are or become ineffective, this shall not affect the validity of the remaining provisions.
Acceptance of the General Terms and Conditions of Sale
The fact that the Customer uses the online interface or connects to the web service provided by the Service Provider implies full acceptance of these General Terms and Conditions of Sale, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Service Provider. In addition, 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 possible surcharge applied by this carrier.