These General Terms and Conditions of Sale are accessible at any time on the website and will prevail, where applicable, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded by AD TELA constitutes proof of all transactions.
The validation of the order for services by the Customer, via the online console (expedy.fr/console) or via the WebService API, is worth acceptance without reservation of these General Terms and Conditions of Sale.
1. Purpose and scope of these Conditions
(1) These general conditions govern the rights and obligations related to the use of the services of the provider EXPEDY – AD TELA SAS – 9 rue du renard – 76000 ROUEN. registered with the RCS ROUEN – SIRET: 83767873900025 – VAT: FR96837678739.
The company AD TELA is known to its customers under the name “EXPEDY” or “PRINTER POINT”
(hereinafter: service provider), and the user in the context of the use of the service, which is generally made accessible on the Internet on the EXPEDY websites or other URLs of the service provider.
https://www.expedy.io
https://shop.expedy.io
https://www.expedy.fr/console
https://www.printer-point.com
https://www.imprimante-ubereats.com/
(2) The service of the provider essentially consists of granting 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, receives 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, the EXPEDY app, 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 customer's responsibility to establish this connection using his device.
(4) Only the general terms and conditions of the service provider apply. Conflicting or different terms and conditions from the terms and 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 terms, these general terms and conditions shall continue to apply.
(5) If the term “the website of the service provider” is used hereinafter, 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 contract
(1) Unless otherwise agreed individually, a contract can only be concluded after the registration process has been completed, by confirmation from the service provider 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 conclusion of the contract.
(3) The user is not entitled to conclude a contract. The Service Provider is free to reject any offer from a User to enter into a contract without giving any reason.
(4) By registering for the services provided on any of EXPEDY’s websites, you accept and agree to the Subscription Terms (“Terms”) described below, including your consent to the processing and sharing of your personal data, necessary to provide you with the EXPEDY service and always in compliance with all data protection legislation.
(5) In order to use our services, you must fully accept theprivacy policy and the general terms and conditions. You agree that you have read and understood the general 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 years and is an entrepreneur, self-employed 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 the logistics processing of orders, facilitate collections, creation, management of transport labels and parcel tracking.
.EXPEDY COURIER
Application for couriers allowing delivery management, tracking and API interconnection with other computerized systems.
.EXPEDY PRINT
Solution for remote management of connected printers (IoT). Print server (cloud). 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 website of the service provider.
(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 trial 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 usage option offered by the user to third parties is prohibited and authorizes the service provider to an extraordinary termination, or unless specially authorized, an account transfer invoicing.
4. User Duties
(1) The User is required to provide truthful information about himself or his company, in relation to the use of the Service.
(2) When using the Service, the User is required to comply with applicable laws and to refrain from any activity that unduly impairs or degrades the operation of the Service or the underlying technical infrastructure.
(3) The User is not permitted to transmit his login data to third parties. The User is obliged to manage his login data carefully and to prevent any misuse of the login data by third parties.
(4) The User is solely responsible for complying with his maintenance obligations. It ensures the legality of its documents and data, where applicable, and that the financial authorities have access to these documents.
5. Notice on 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. Contract term
(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. A special notification is not 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 paid variants. The agreed prices can be found in the currently valid price and payment conditions.
(2) Payment for a paid subscription is made bi-monthly, monthly or annuallyment, depending on the service offered, by direct debit via the electronic payment service provider STRIPE or GOCARDLESS. The billing period runs one month or one year in advance, 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 1 go).
(3) The right to pay 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) A refund of the monthly or annual contributions in the event of premature termination by the user does not take place. Upon termination of the contract, the product version can be used in full until the end of the contractual period.
(6) If the subscription fee cannot be debited from the bank account on time, for example 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 billed to the user. Any late payment will result in late payment penalties being payable at a rate at least equal to three times the legal interest rate in force in France, and a minimum fixed compensation of 40 (forty) euros for recovery costs, due automatically, without a reminder being necessary.
(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, and even if a new account is created, the remaining instalments cannot be refunded or credited to a new account. The non-refund of the 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 accepts that e-mail (using an e-mail address provided by the user) is 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 his/her agreement within one month of receiving the change notice, with effect from the time 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. A specific notice period is not 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 for the user.
(2) The subscription may be terminated 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 done by simple request email.
(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 subscription to an annual subscription, this is possible from the first day of the following billing month. The subscription will be automatically extended by one year and the annual amount is due upon receipt of the invoice. The annual subscription can be cancelled up to 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 following 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 each party remains unaffected.
(5) EXPEDY reserves the rightto delete the customer data after termination of the contract, regardless of the reason for termination, and EXPEDY is not obliged to store the customer data after this date. EXPEDY only retains the data required for the minimum period in order to comply with the 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 Availability of Services
(1) The Application and the Service are provided “as is” and EXPEDY expressly disclaims any 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 the use of 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, generally 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 concern API/webservice access accessible 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 outage and failure of servers that are not in its area of influence.
(4) In the event of a server interruption, EXPEDY guarantees that the servers will be restarted within a maximum of four hours, subject to the responsiveness and the problem caused by the host.
(5) EXPEDY undertakes to provide all the human and technical resources necessary to perform the services of these general conditions. EXPEDY undertakes in particular to inform the customer as best as possible of its knowledge of the risks inherent in the requested intervention. To the extent that the proper functioning of new equipment, software, or the result of an IT service, does not only depend 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 user's qualification, EXPEDY is only responsible for an obligation of means and not of result.
(6) EXPEDY cannot be held liable for the direct or indirect consequences that would result in the malfunction or non-functioning of the customer's equipment and in particular any loss of data, non-conformity, incompatibility, malfunction or degradation resulting or not from its intervention. Under no circumstances, and regardless of the service requested, can EXPEDY be held liable for damage to the equipment and/or total or partial loss of the customer's computer data, whatever the reason.
(7) EXPEDY cannot be held liable for indirect losses such as commercial losses, 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 contract 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 general terms and conditions.
(2) The user has the right to access the software operated on the service provider's computer systems, in order to process his data.
(3) Unless specially authorized (e.g. reseller account), the user may use the processing software only for his own professional purposes and only by his own personnel.
(4) No intellectual property rights are assigned to the customer. Custom software relating to the System also remains the property of EXPEDY, unless otherwise stated.
(5) The Customer grants to EXPEDY, its suppliers and its subcontractors, a non-exclusive worldwide irrevocable license to provide the Application and all related services required, regarding any material downloaded by the Customer and all Customer data. to the customer. The Customer represents and warrants that no content downloaded orCustomer data will not 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) 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 Customer data.
(7) The service provider is not obliged to provide the user with the source code of the software.
(8) The Application and all information provided therein, 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 made to this intellectual property by Customer will be vested in EXPEDY. The Customer must inform EXPEDY of any actual or suspected violation of EXPEDY's intellectual property rights and of any unauthorized use of the Application of which the Customer becomes aware.
11. Privacy and customer data
(1) The service provider ensures that personal data is collected, stored and processed by users only to the extent that this is necessary for the performance of the contract and is 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 them 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 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. For this, it is necessary to have a separate agreement for the processing of personal data. The parties agree that the customer is the controller of the data that he uploads to the EXPEDY application and that he can modify or delete this data as needed. EXPEDY is at all times a subcontractor, processing the data on behalf of the Client.
(4) The Client confirms that it is authorized to instruct EXPEDY to process this information, and that all instructions given will be lawful.
(5) EXPEDY will only process the Client’s data in accordance with the Client’s instructions and not for its own unauthorized use.
(6) As between the parties, the Client must 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 information for data processing purposes only for the purpose of providing its Services to the Customer or when required by a court or regulatory authority and in such case only to the extent necessary.
(8) If EXPEDY has 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 sub-processors.
(9) EXPEDY will keep confidential all confidential information of the Customer that the Customer provides to EXPEDY unless such information has fallen into the public domain otherwise than by a breach of this clause, or if 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 body or a government agency or a competent court, and in this case only to the extent necessary.
(10) EXPEDY takes all necessary technical and organizational security measures to ensure the safe and secure processing 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 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 guidelines from the General Data Protection Regulation.
(11) In the event that any declarationsons of consent to data protection are obtained from the user in the context of the use of the services of the service provider, it is specified that they can be revoked by the user at any time.
12. Changes to the services
(1) The service provider periodically adjusts its services provided on the Internet at its sole discretion, in accordance with technological developments, as well as market needs in order to adapt the intended use in accordance with the product description. This may change the content of the service, as in the case of new or modified functionalities, 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 cease the provision of free services. In addition, the service provider may add additional paid services to the current paid subscriptions. When changing paid services, the service provider will pay particular attention to the legitimate interests of the users and will 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 mentioned below does not apply to the violation of essential contractual obligations.
(2) Furthermore, 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 a 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 their 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 not having fulfilled his legal retention obligations (see section 4.4 of these General Terms and Conditions) and therefore the lost data cannot be restored with reasonable effort.
(7) EXPEDY will 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 the loss of data, is limited to the amount that would have resulted from adequate data protection, however, this cannot 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 in existing contractual relationships, provided that this 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 disadvantages for the user, e.g. changes in the registration process or changes in contact information.
(2) All other changes to the Terms and Conditions will be notified by the Service Provider to registered users at least 4 weeks before the changes are scheduled to come into effect. The changes will be communicated to the user by e-mail. Unless the user objects within 4 weeks of receiving the notice, the user agreement will continue and be in force, even with the changes to the amended Terms and Conditions. In the change notification, the Service Provider will inform the user of his or her right to’opposition and the consequences of an objection. In the event of an objection, the service provider is entitled to terminate the contractual relationship with the user upon the intended entry into force of the changes.
15. Final Provisions
(1) These General 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 entity 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 any provisions of these General Terms and Conditions are or become ineffective, this shall not affect the validity of the other provisions.
16. Right of withdrawal
Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with their 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 complaints about the quantity or condition of the Product will be accepted if the complaint has not been noted on the delivery slip.
If a Product delivered does not give complete satisfaction to the Customer, the latter 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 Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to make a request by email to support@expedy.fr
The Operator will send an acknowledgement of receipt of the Customer's request for withdrawal by email.
Where applicable, the Customer may exercise his right of withdrawal by notifying the Operator of the following information:
name, geographic address, telephone number and email address;
decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or email as soon as these contact details are available and therefore appear on the standard withdrawal form). The Customer may use the withdrawal form template but this is not mandatory.
The return costs are the responsibility of the Customer, unless the goods cannot normally be returned by post, in which case the Operator will collect the Product at its own expense.
The exceptions in Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, in particular if the order consists of a contract:
for the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal;
for the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
for the supply of goods made to the consumer's specifications or clearly personalized ;
of the supply of goods that are likely to deteriorate or expire rapidly;
of the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
of the supply of goods that, after being delivered and by their nature, are inseparably mixed with other items;
of the supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
of maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of the spare parts and work strictly necessary to respond to the emergency;
of the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery ... delivery;
of the supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
concluded at a public auction;
of the provision of accommodation services, other than residential accommodation, of goods transport services, of car rentalsres, catering or leisure activities that must be provided on a specific date or period;
of the supply of digital content not provided on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his right of withdrawal.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.
In addition to the returned Product, the return package must also contain a letter specifying the exact and complete contact details (name, first name, address) of the Customer as well as the order number, and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all the elements allowing the Customer's reimbursement to be implemented. This reimbursement may be made by the same means of payment as that used for the Customer. In this respect, the Customer who has paid for his order in the form of credits / gift vouchers may be reimbursed by credits / gift vouchers according to the wishes of the Operator.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.
17. Rental contract
In the case of a rental contract with our financial partner Grenke.
The terms of termination, payment terms and price revision conditions will be those of the Grenke contract.
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 adherence and acceptance of these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be not enforceable against the Service Provider. Furthermore, by carrying out a shipment with a carrier, the Customer acknowledges having read and accepted the General Conditions of Sale of the carrier used and being informed of any possible surcharge applied by this carrier.