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The TROPHY company (hereinafter « Trophy ») ”) is a simplified joint stock company with a share capital of €3,951,000, having its registered office at 1 avenue Eiffel, 78420 CARRIERES-SUR-SEINE, France, registered in the Versailles Trade and Companies Register under number 538 081 860, Intracommunity VAT number FR 13 538 081 860.
TROPHY develops and markets, through a network of Authorized Distributors, a self-contained electronic airbag vest, called the E-Protect Air® Airbag Gilet (hereinafter the « Gilet »). The Gilet is a wireless, inflatable safety system designed for users of motorized 2- or 3-wheel vehicles. The Gilet operates on the basis of an algorithm which uses information transmitted by the Gilet's sensors to determine the existence of a situation which may lead to an accident and thereby trigger the Gilet's airbag.
To operate it in accordance with its intended use, given the Electronic Device technology used, the Customer and/or the User of the Gilet must subscribe to an INFINITY or REFLEX Offer and download the E-Protect Air mobile Application (hereinafter the "Application") onto a smartphone which is connected to the Internet.
The conditions of subscription to the INFINITY or REFLEX Offer are defined in the "General Conditions of Sale and Use of the E-Protect Air® Airbag Gilet and the Infinity or Reflex Offers and the e-calling Service" (hereinafter the "GCS") which can be accessed by clicking on the following link : https://store.bering.fr/en_GB/gtcs.
Capitalized terms used in these General Terms and Conditions of Use of the Application (hereinafter the "GCU") have the meanings as defined in the GCS. The User declares that they have read the GCS and accept them unreservedly when subscribing to an Offer.
For the technical aspects of the Gilet's operation, the User must refer to the User Manual supplied with the Purchase and which can be accessed by clicking on the following link https://bering-moto.com/en_GB/page/user-manuals, and undertake to comply with it. The User Manual contains all the technical and practical characteristics of the Gilet, as well as all applicable instructions for use.
The purpose of these GCU is to determine the rules for using the Application as published and provided by TROPHY.
By downloading and installing the Application on their smartphone and/or by accessing the Application as a visitor and/or user, the User and/or Customer unreservedly accepts the full terms of the GCU. If the User and/or Customer does not wish to accept all or part of the GCU, the User and/or Customer is requested to not access or use the Application.
The User and/or Customer acknowledges having been informed that logging on to the Application implies express acceptance of these GCU. Any visit to and/or use of the Application must comply with the GCU.
TROPHY reserves the right to modify and update all or part of the provisions of the GCU at any time, in particular in order to adapt them to changes in the Services, to technical, legal or case law developments or when new services are introduced.
The GCU applicable are those in force at the date of connection and use of the Application by the User and/or Customer.
The User and/or Customer is invited to regularly refer to the latest version of the Application's GCU, which are available directly on the Application.
Publisher: TROPHY, as described at the head of this document. TROPHY publishes the Application and ensures its follow-up and updating. Contact details for TROPHY are as follows:
Publishing Director: : Mr Frédéric BOUCHENY, Business Unit Director, TROPHY
Designed and implemented by: Trophy in collaboration with ACT:
ALL Circuits / AC technologies
7 rue du Bon Puits - Saint Sylvain d'Anjou
49480 VERRIERES EN ANJOU
FRANCE
designcenter@allcircuits.com
Application host: mobile platforms, Apple Store or Google Play.
3.1. The Gilet has an Electronic Device which is integrated into the garment and which ensures the operation of the Gilet and the Services in particular on the basis of information supplied by the Gilet's sensors which the algorithm considers could lead to an accident.
The Airbag Service refers to the service and features enabling the Gilet to be triggered and inflated on the basis of information supplied by the Gilet's sensors which the algorithm considers could lead to an accident. The e-calling Service identifies the services that will initiate the assistance procedure following the triggering of the Gilet. The Services are linked to the serial number of each specific Gilet.
The terms and conditions of operation of the Services are detailed in Article 8 of the GCS, as supplemented by the provisions of these GCU.
3.2. The operation of the Electronic Device and therefore of the Services connected to the Gilet assumes the prior and mandatory subscription by the Customer to an INFINITY or REFLEX Offer, under the terms and conditions described in the GCS and in particular in Articles 4 to 6.
Once the Offer has been subscribed to and in order to effectively benefit from the Services, the User and/or Customer must download the Application and connect the Gilet to the Application on their smartphone, in accordance with the conditions defined in these GCU. The Application thus enables the User and/or Customer to benefit from the features of the Gilet and the Services, and therefore to use the Gilet in accordance with its use and the conditions as defined in the GCS, the GCU and the User Manual.
Failure to download and use the Application would result in the Gilet not operating in accordance with its intended purpose and must not be used by the User and/or Customer, which the latter expressly acknowledges and accepts.
Regarding the REFLEX Offer, the Customer must, in any event, connect to the Application at least once a month to ensure Product synchronization.
3.3. The Customer and/or User must ensure that the telephone number entered in the Application actually corresponds to the telephone number of the User of the Gilet in order to ensure that the e-calling Service assistance procedure can be correctly implemented (subject to the eligibility conditions defined in Article 8.2 of the GCS).
3.4. Before each use, the User must activate the Product using the Activation Tab on the Gilet, as described in the User Manual. Should a problem occur, a specific sound is emitted by the Gilet when it is activated, so that the User is informed that an action on their part is required before using their Product (e.g. synchronization of the REFLEX Offer, non-payment, etc.). This sound is materialized by a high-pitched "beep" emitted at a rapid and repetitive rate. The Gilet is then non-operational and must not be used by the User or Customer.
3.5. The Customer and/or User must be up to date with payments relating to the various Offers subscribed to on the online sales Site. Failure to do so will render the Gilet unfit for use and the Gilet may not be used by the Customer and/or User.
4.1. The Customer and/or User must download the Application onto a compatible smartphone, i.e.:
The Application is available free of charge from the Apple Store for iOS smartphones and from the Google Play Store for Android smartphones.
The Customer and/or User must have access to the Internet. The Customer is solely responsible for:
4.2. After downloading the Application, the Customer and/or User must log in to the Application using the login and password of the customer account created on the online sales Site, in accordance with Article 5 of the GCS. The Customer undertakes to provide TROPHY with truthful, accurate, complete and up-to-date information when creating a customer account.
4.3. Once connected, the Customer and/or User must accept these GCU as well as the Confidentiality Charter relating to the processing of their personal data. The Customer and/or User must pair the Product by following the instructions and steps set out in the Application (activation of the Gilet, Bluetooth connection, authorization to access the position, entering the Bluetooth password shown on the Gilet label, recognizing and connecting the Gilet to the Application, updating the Gilet and User Instructions).
The Product is successfully paired when the "Your airbag is operational" screen appears on the Application.
The Gilet must only be used once pairing has been successfully completed.
5.1. The Application provides the following features:
5.2. The synchronization process for the Gilet on the Application is as follows:
5.3. The Gilet operates on the basis of an algorithm which uses information transmitted by the Gilet's sensors to determine the existence of a situation which may lead to an accident and thereby trigger the Gilet's airbag.
As part of the process of improving the Airbag Service, the Supplier may propose updates to the technology, including improvements to the algorithm. These updates can be downloaded directly from the Application. In order to benefit from the latest version of the technology, the User is required to download the updates proposed by the Supplier without delay.
Failing this, the Supplier's liability may be excluded, to the fullest extent permitted by law and case law.
5.4. In general, the Supplier recommends that the User regularly install all the updates available by connecting to the Application from their smartphone while connected to the Internet network. Updates or modifications are intended to maintain, adapt or develop the features of the Application, including security updates, and/or to ensure compliance of the Gilet. TROPHY is also authorized to carry out any updates, including minor updates and/or updates that are not necessarily required to maintain compliance.
The User and/or Customer is invited to download all the updates to the Application made available by Trophy. Failing this, the User and/or Customer is informed that the Application and/or the Gilet may not operate correctly or in a non-optimal manner. The Customer and/or the User is entitled to refuse or to uninstall any update that is not strictly necessary to maintain the conformity of the Gilet, if the update has a negative impact on their access to or use of the digital content or digital service.
5.5. It is the responsibility of the Customer and/or User to check that they have the latest version of the Application after updating their smartphone's operating system, in order to ensure that the Application is compatible with their phone's operating system.
5.6. To the fullest extent permitted by law and case law, TROPHY shall not be liable for any damages caused to the User and/or the Customer and/or third parties or in the event of malfunction of the Application, in the absence of updates to the Application or Product technology within a reasonable period of time by the User and/or the Customer.
6.1. The Application is accessible free of charge from any location, to any User with Internet access, on the understanding that all costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) are the sole responsibility of the User.
6.2. TROPHY undertakes to use its best efforts to ensure that the User has reliable and rapid access to the Application and that it functions correctly.
6.3. The provision of the Services and features by the Application presupposes a connection to the Internet network for the entire duration of the use of the Product.
The Customer and/or User must ensure that they have a sufficient Internet connection to operate the Application and Services. TROPHY cannot be held liable if the Application or Services do not function or do not function correctly in the absence of an Internet connection or if the Internet connection is weak.
6.4. The Application is accessible 24 hours a day, 7 days a week, subject to accidental interruption or to any interruption required for its proper operation, such as a maintenance operation. TROPHY undertakes to carry out or to have carried out the necessary maintenance work to restore the proper functioning of the Application at the earliest opportunity. Any interruption of access to the Application shall not give rise to any right to compensation, to the fullest extent permitted by law and case law. For the proper management of the Application, TROPHY may, at any time, delete any information that may disrupt its operation or contravene national or international laws
If the Application is unavailable, the features will not be available, so that the Customer and/or User will not be able to synchronize or update the Gilet and will not be able to benefit from the e-calling Service, meaning that the Gilet must not be used by the Customer and/or User.
6.5. For the Application and its Services to operate correctly, certain features of the smartphone must be activated.
With respect to the e-calling Service in particular, the Customer and User must first ensure that their smartphone is equipped with Bluetooth technology, a GPS location parameter and that their mobile package allows them to access the Internet using mobile data in order to benefit from the Service, which the Customer and User expressly acknowledge and accept.
In any event, in order to activate the e-calling Service or to modify the Service parameters, the Product User must authorize the E-Protect Air Application to run in the background on their phone and must deactivate the battery saver on their smartphone.
Furthermore, the Product must be activated using its Activation Tab, it must be associated/connected to the smartphone's Bluetooth and the GPS position/location parameter must be activated before each use of the Product.
The Product User must also activate the mobile data on their smartphone. Mobile data consumption may reach 2 GO per month. Additional charges may be applied by the smartphone User's telephone operator if consumption exceeds that included in the package subscribed to by the User. These charges are payable by the User.
The e-calling Service cannot be used in the following cases:
If the User's smartphone is not connected to the Internet when the Product's airbag is triggered, the Application will not be able to notify the Supplier's helpdesk or the e-calling Service provider. However, the Application is set up to regularly repeat attempts to contact the e-calling Service provider for a period of three (3) hours following the time at which the Product's airbag was triggered. If the User's smartphone recovers an Internet connection within this period, the e-calling Service provider will be notified and the assistance procedure described in Article 8 of the GCS will be implemented. If no Internet connection is found, the Application will not be able to contact the e-calling Service provider, and the assistance procedure will not be possible. At the end of the three (3) hour period following the triggering of the airbag, the case will be closed by the Application.
The e-calling Service is provided by a third-party service provider. It cannot be ruled out that the e-calling Service provided by the third-party service provider may experience disruptions (such as breakdowns) that are beyond TROPHY's control and may affect the implementation of the assistance procedure.
The e-calling Service will not be provided if the User deactivates the e-calling Service on the Application.
6.6. For further information and details on the Services provided by TROPHY, the Customer and/or the User are invited to refer to Article 8.2 of the GCS, which they confirm that they are aware of and have accepted by subscribing to the Offer.
7.1. The Application provides access to the Services and also includes the content (structure of the Application, graphic charts, trademarks, logos, acronyms, company names and more generally any content or component of the Application), software, programs, tools, databases, operating systems, documentation and all other components and services, updates and new versions published by TROPHY.
7.2. Access to the Application is reserved to persons of legal age who are in possession of a Gilet. TROPHY reserves the right to request proof of the User's age.
7.3. TROPHY grants a non-exclusive, personal, non-transferable, non-assignable right to use the Application in accordance with its purpose and these GCU. The User and/or Customer hereby undertakes to access and use the Application and its features in a loyal manner and in compliance with these GCU. In particular, the User and/or Customer undertakes to:
7.4. TROPHY reserves the right to block access to the Application and its features to a User or Customer, at any time, in the following cases:
7.5. In any event and to the fullest extent permitted by law and case law, TROPHY disclaims all liability:
7.6. Access to and use of the Application are at the Customer's and/or User's own risk. In particular:
7.7. The Customer and/or User undertakes to comply strictly with the Highway Code, in particular with regard to the use of the Application, which must under no circumstances take place while the vehicle is being driven. The Customer and/or User shall be solely responsible for any failure to comply with the provisions of the Highway Code and, to the fullest extent permitted by law and case law, Trophy shall in no way be held liable in this respect.
7.8. Fraudulently accessing or remaining in a computer system, hindering or distorting its operation, or fraudulently introducing or modifying data in such a system constitutes an offence punishable by law.
The Application and its contents, as well as all trademarks and logos, including "Trophy", "Bering" and "E-Protect air®" Gilet, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications or software that may be used to operate the Application and more generally all elements reproduced or used on this Application are and remain the exclusive property of TROPHY, the sole holder of the intellectual property rights.
All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, is strictly prohibited without prior written consent from TROPHY.
The photographs are not contractual and are not binding upon TROPHY.
When connecting to the Application for the first time, the Customer and/or User expressly accepts TROPHY's Privacy Policy governing the processing of personal data and Cookies. TROPHY's privacy policy can be accessed by clicking on the following link: https://store.bering.fr/en_EN/charte-de-confidentialite
If one or more stipulations of these GCU are held to be invalid or declared as such in application of a law or regulation, or following a final decision of a competent court, the remaining stipulations shall retain their full force and scope.
Failure by the User or the Supplier to act upon a breach of any one of the obligations referred to herein shall not be construed as a waiver of the obligation in question at any time in the future.
For any questions regarding the Gilet, the Product or the Application, or to make a complaint, the Customer can contact the Supplier in one of the following ways:
The User and/or Customer may have recourse, free of charge, to conventional mediation, in particular with the Consumer Mediation Commission (Commission de la Médiation de la Consommation) or with existing sector-specific mediation bodies, or to any alternative dispute resolution method in the event of a challenge, with a view to the amicable resolution of the dispute between the User and/or Customer and a professional body.
To do this, the User and/or Customer must first send a written complaint to TROPHY, see Article 12 of the GCU, with a view to seeking an amicable settlement with TROPHY. If an amicable solution cannot be found, the Customer may refer the matter to the Consumer Ombudsman by post, email or online within a maximum period of one year from the date of the written complaint sent to TROPHY. The contact details for the Consumer Ombudsman are as follows:
Sas Médiation Solution
222, chemin de la Bergerie 01800 Saint Jean de Niost
Tel. +33 (0)4 82 53 93 06
Website: https://www.sasmediationsolution-conso.fr
Membership registered under number: 60013/LMD/2303
Failing agreement between the Parties, the mediator will suggest a solution to the dispute. When submitting their proposal, the mediator will remind the Parties that they are free to accept or reject this proposed solution. If the Parties accept the mediator's proposed solution, they waive their right to bring the dispute in question before the courts, except in cases where the professional body has concealed certain information, or if new facts concerning the complaint come to light. An unsatisfied Customer who refuses the proposed solution may thus still seek legal redress.
The European Commission also provides a European online dispute resolution platform accessible via the following link: https://ec.europa.eu/consumers/odr/
These GCU are governed by French law. The Customer may benefit from the mandatory provisions of the law of the country in which they have their habitual residence, where applicable.
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