GENERAL TERMS AND CONDITIONS OF SALE (GTC) - TRACKOH
Article 1 - Purpose
These General Terms and Conditions of Sale (GTC) govern the contractual relationship between TRACKOH, a company registered under the number BCE 1018 823 563, with its headquarters located at Rue de la Station 8, 6040 Jumet (Belgium), and any customer wishing to purchase the products and services offered by TRACKOH through its website www.trackoh.com or any other sales channel.
By checking the acceptance box for the general terms and conditions at the time of order, the buyer expressly acknowledges having had access to these terms, having read, understood, and accepted them without reservation, it being understood that any order of a product through our website implies the consultation and express acceptance of the general terms and conditions of sale. These general terms and conditions of sale can be saved or printed by the customer.
Provisions not expressly waived remain applicable. Only deviations subject to an express written agreement can modify the application of these general terms and conditions. It is agreed that the expressly accepted specific provisions take precedence over the general ones in case of discrepancy. Furthermore, it is expressly agreed that in case of conflict between the customer's general terms and conditions and those of TRACKOH, only the latter will prevail.
TRACKOH reserves the right to modify its terms of sale at any time. In this case, the applicable terms will be those in effect on the date of the order by the buyer.
The following definitions apply:
Buyer: any natural person who has reached the age of majority and has full legal capacity or, failing that, the legal representative of this person. In the latter case, the legal representative is bound to comply with these general terms and conditions.
Consumer: any natural person who acquires or uses products placed on the market for purposes excluding any professional or commercial character.
Article 2 - Acceptance of the general terms and conditions of sale
Any order placed implies full and complete acceptance of these GTC. These prevail over any purchase condition of the Client, except with the written agreement of TRACKOH.
Article 3 - Products and services
TRACKOH offers the sale of geolocation devices and associated services, including:
- Wired, OBD, and autonomous GPS trackers
- Subscriptions to geolocation services
- Installation and technical support services
Photographs are provided for strictly informational purposes and represent a faithful image but are not contractual as they cannot ensure perfect similarity with physical products.
Article 4 - Order
The buyer who wishes to purchase a product or service must:
- Be over 18 years old
- Fill out the identification form or provide their customer number if they have one;
- Complete the online order form by providing all references of the chosen products or services;
- Acknowledge having read and accepted these general terms and conditions;
- Validate their order after verifying it;
- Make the payment under the conditions provided;
- Confirm their order and payment.
The sale is deemed perfect upon confirmation of the order by the seller. No shipment of goods will be made without order confirmation and full payment receipt.
Products and services are offered within the limits of available stocks. In case of unavailability of an item, the seller will inform the buyer by email as soon as possible. The buyer will have the option to choose between waiting (in case of temporary unavailability) or canceling the order of unavailable items without charge.
Article 5 - Prices and payment terms
5.1 Prices
Prices are indicated in euros (€), excluding taxes and all taxes included (VAT). TRACKOH reserves the right to modify its prices at any time, without retroactive effect on orders already confirmed.
5.2 Payment
Payment is made according to the following methods:
- Bank transfer to TRACKOH account: CBC - BE 10732079787504
- Credit card via a secure provider
- Direct debit for subscriptions.
5.3 Late payment
Ordered items remain the exclusive property of the seller until full payment of the order by the buyer.
Any late payment will result in:
For professional clients, automatically and without formal notice, a conventional late interest calculated at the applicable legal interest rate plus 2 percentage points, each started month being fully due. It will also result in a fixed and irreducible indemnity of 10% of the unpaid amount with a minimum of 25 € per invoice, as a penalty clause.
Furthermore, TRACKOH reserves the right to demonstrate higher damage. Finally, extrajudicial collection costs will be charged to the client at a rate of 25 € including VAT for the second reminder and 50 € including VAT for a formal notice.
For consumer clients, a conventional late interest calculated at the applicable legal interest rate plus 2 percentage points and a fixed indemnity set according to the amount of the unpaid balance, namely:
- For an unpaid balance of 150 euros or less, a fixed indemnity of 20 euros;
- For an unpaid balance between 150.01 and 500 euros, a fixed indemnity of 30 euros and a conventional interest of 10% of the amount due on the portion exceeding 150.01 euros;
- For an unpaid balance exceeding 500 euros, a fixed indemnity of 65 euros and a conventional interest of 5% of the amount due on the portion exceeding 500 euros, with a maximum of 2000 euros.
The first reminder is free. Extrajudicial collection costs will be charged to the client, starting from the second reminder, at a rate of 7.50 euros per letter, plus postal charges.
Unless otherwise provided, the consumer as defined by article I.1, 2°, of the economic law code may demand the benefit of the application of indemnities and interests to the extent and conditions set by this clause, in case of non-performance of our obligations.
Any claim must be made by mail addressed to the seller's headquarters or by email to contact@trackoh.com, within 8 clear days from the receipt of the invoice. Failing this, the invoice will be presumed accepted by the client.
Article 6 - Right of withdrawal
In accordance with the law, the consumer has the right to notify the seller that they renounce their purchase, without penalty and without giving any reason, within 14 clear days from the day after the delivery of the goods or the conclusion of the service contract. Once their will is expressed, they have a new period of 14 days to return the goods. This right of withdrawal does not belong to the professional buyer.
The consumer is informed that they cannot exercise their right of withdrawal in the following cases (art.VI.53 of the Economic Law Code):
- Supply of goods made to the consumer's specifications or clearly personalized;
- Supply of goods that are likely to deteriorate or expire rapidly;
- Supply of sealed goods that cannot be returned for health or hygiene reasons and that have been unsealed by the consumer after delivery;
- Supply of digital content not supplied on a tangible medium if the execution has begun with the consumer's prior express consent, who has also acknowledged that they will lose their right of withdrawal
Within this period, the consumer must notify their decision to withdraw by means of an unambiguous statement either by email to the following address contact@trackoh.com, or by mail to our headquarters address as mentioned above. The consumer buyer can also complete the process by returning the following form: https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf.
In case of withdrawal, the seller will refund all payments received from the buyer, including delivery costs but not return costs, without undue delay. Return costs are the responsibility of the buyer and the goods travel at their risk.
We ask you, if possible, to return the goods in their original packaging, accompanied by all their accessories, the user manual. The law provides that your liability may be engaged in case of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of these goods.
The seller reserves the right to proceed with a partial refund if it turns out that the returned goods have been damaged or are incomplete.
Article 7 - Product delivery
7.1 Delivery time and methods
TRACKOH delivers its products in Belgium and internationally. Delivery times are given as an indication. TRACKOH cannot be held responsible for delays caused by third parties or force majeure. If a delivery delay exceeds 30 days after order confirmation, the Client may request a refund or a credit.
7.2 Transfer of risks
The risks related to the products are transferred to the Client upon taking charge by the carrier. In case of a damaged product upon receipt, the Client must make written reservations with the carrier and inform TRACKOH within 48 hours.
7.3 In any case, the following circumstances release the seller from its obligations regarding the deadline:
1 - Cases of force majeure (including, in particular, technical incidents, supplier delays, and labor shortages);
2 - If payment terms are not respected;
3 - If changes are decided by the client after the order;
4 - If the client does not provide us with the requested information within the specified time.
Article 8 - Subscriptions and renewal
8.1 Duration and termination
Geolocation services are subscribed in the form of an annual subscription. Renewal is automatic, unless terminated in writing by email with acknowledgment of receipt to support@trackoh.com, at least 30 days before the due date.
8.2 Trial period and refund
TRACKOH subscriptions may benefit from a 7-day trial period. After this period, no refund will be made except in case of a proven technical failure not resolved within 30 days.
Article 9 - Warranties and liabilities
9.1 Legal warranty
The buyer acting for private purposes benefits from the legal warranty of two years and other rights under the law of September 2004 on consumer protection in case of sale of consumer goods. In accordance with article 1649quater §2 of the Civil Code, the consumer is required to inform the seller of the existence of a lack of conformity within two months from the day the consumer noticed the defect. This warranty only covers conformity defects existing at the time of delivery of the goods. The invoice or delivery note serves as a warranty title and must be kept by the consumer and produced in original. The professional buyer benefits from the manufacturer's warranty.
9.2 Exclusion of warranty
The warranty does not cover:
- Damage caused by improper installation or non-compliant use
- Unauthorized interventions
- Normal wear and tear
- Any modification or alteration after installation.
Article 10 - Liability and legal obligations related to geolocation
10.1 Obligations undertaken by the seller
The obligations undertaken by the seller in the online sales process are qualified as obligations of means within the meaning of article 5.72 of the Civil Code. Its liability cannot be engaged for damage resulting from the use of the Internet and online payment such as data loss, intrusion, virus, service interruption, or other involuntary problems. The seller's liability cannot be directly or indirectly retained, for any reason and for any cause, in case of fault committed in the performance of its services, except in case of gross negligence or intentional fault (fraud). TRACKOH cannot be held responsible for indirect, commercial, or immaterial losses (data loss, business interruption, etc.). In any case, TRACKOH's liability is limited to the amount paid by the Client for the product or service concerned. As part 6.3 - § 1 of Book VI of the new Civil Code authorizes them, the Parties expressly agree that, within the framework of these general terms and conditions, the legal provisions on extracontractual civil liability will not be applicable between them, whether in an amicable (transaction, agreement, mediation, arbitration...) or judicial context. The data provided on the site is communicated in good faith. The buyer is responsible for the choice and use of the product delivered by the seller. They must be at least 18 years old at the time of order. The seller declines all responsibility in case of inaccuracy of the information communicated to them by the buyer.
10.2 Compliance with Belgian and European legislation
The Client explicitly acknowledges being informed and accepts that the use of geolocation devices provided by TRACKOH must imperatively comply with the Belgian and European legislative provisions in force, including:
- The Law of July 30, 2018, on the protection of individuals with regard to the processing of personal data (articles 2 and 4),
- The General Data Protection Regulation (GDPR), in particular article 4(11) on consent,
- The Law of June 13, 2005, on electronic communications (articles 124 and 125).
10.3 Explicit consent and legitimate use
The Client undertakes to obtain the explicit and prior consent of the persons concerned when required by law, and to use the devices in a proportionate, legitimate, and respectful manner of the right to privacy of the individuals concerned.
10.4 Exclusion of TRACKOH's liability
TRACKOH declines all responsibility in case of non-compliant use with these legal obligations. The Client assumes full responsibility for the consequences resulting from non-compliance with these obligations.
Article 11 - Intellectual property
All elements of this site, including its texts, drawings, photos, illustrations, possible films, data, databases, software, domain names, logos, and any other element appearing on it, remain the exclusive intellectual property of the seller. Any copy, adaptation, translation, arrangement, and/or modification, in whole or in part, in any form and by any means whatsoever - electronic, mechanical, or other - is strictly prohibited, except with the prior written authorization of TRACKOH. Any infringement of this clause may result in civil, commercial, and/or criminal proceedings.
Article 12 - Personal data
TRACKOH respects the GDPR and does not share Clients' data with third parties without explicit consent.
Article 13 - Force majeure
TRACKOH cannot be held responsible for delays or interruptions caused by events beyond its control (natural disasters, cyberattacks, etc.).
Article 14 - Unauthorized resale prohibition
Any resale of TRACKOH products without authorization is prohibited.
Article 15 - Non-transferability
Contracts agreed between parties (specific and general conditions or other agreements), as well as the rights and obligations arising therefrom, are non-transferable, for any purpose and for any reason, without the prior written express agreement of the other party.
Article 16 - Severability clause
The invalidity, unenforceability, or illegality of any of the clauses provided in any of the contracts agreed between parties does not in any way entail the invalidity or nullity of the other provisions of the contract. All clauses remain fully valid.
Article 17 - Applicable law and competent jurisdiction
These GTC are subject to Belgian law. The buyer acting for private purposes has the option in case of dispute to submit a request to the Consumer Mediation Service. Information on alternative dispute resolution methods can be obtained via the link http://www.mediationconsommateur.be/fr. Any dispute will be submitted to the competent courts of Charleroi, except for mandatory legal provisions to the contrary.
For any questions, contact contact@trackoh.com - www.trackoh.com