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GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE E-PROTECT AIR® AIRBAG GILET, INFINITY OR REFLEX OFFERS AND E-CALLING SERVICE

SUMMARY

  • 1. DEFINITIONS
  • 2. CONTENT, ENTIRETY AND SCOPE OF APPLICATION
  • 3. GENERAL DESCRIPTION OF HOW THE GILET AND THE SERVICES WORK
  • 4. PRICING CONDITIONS FOR THE SUPPLY OF SERVICES
    • 4.1 Purchase of INFINITY
    • 4.2 Subscription to REFLEX
    • 4.3 Subscription to the INFINITY Offer after a period of subscription to the REFLEX Offer
  • 5. OPENING A CUSTOMER ACCOUNT AND ORDERING
    • 5.1 Opening a Customer account
    • 5.2 Validation of the order
  • 6. PAYMENT
  • 7. ELECTRONIC COMMUNICATION AND PROOF
  • 8. OPERATING THE SERVICES
    • 8.1 Activation and pairing the Product on the E-Protect Air Application, synchronization and updating
    • 8.2 Operating the e-calling Service
      • 8.2.1 E-calling Service pre-requisites and eligibility
      • 8.2.2 Assistance procedure with the e-calling Service
  • 9. WARRANTIES, AFTER-SALES SERVICE, INSPECTION AND PRODUCT RESTART
    • 9.1 Legal warranties of conformity
    • 9.2 Commercial warranty contract for the Electronic Device
      • 9.2.1 Specific provisions relating to the commercial warranty contract for the INFINIY Offer : Electronic Device Warranty Extensions for the INFINITY Offer
      • 9.2.2 Specific provisions concerning the REFLEX Premium Offer commercial warranty
      • 9.2.3 Provisions applicable to all commercial warranties
    • 9.3 Appendix to Article D. 211-2 of the French Consumer Code
    • 9.4 After Sales Service
    • 9.5 Mandatory Product assessment
      • 9.5.1 Mandatory assessment for a new subscription to the REFLEX Offer (Article 4.2 of the General Terms and Conditions)
      • 9.5.2 Mandatory assessment when subscribing to the INFINITY Offer after a REFLEX Offer (Article 4.3 of the General Terms and Conditions)
      • 9.5.3 Mandatory assessment if the Product is sold (second-hand Product)
    • 9.6 Resetting the Product after the airbag has been triggered
    • 9.7 Estimated lifespan of the Gilet
  • 10. RIGHT OF WITHDRAWAL
  • 11. PERSONAL DATA
  • 12. INFORMATION DISCLOSURE
  • 13. FORCE MAJEURE AND UNFORSEEABLE EVENTS
  • 14. TERMS OF USE OF THE ONLINE SALES SITE
  • 15. INTELLECTUAL PROPERTY
  • 16. PARTIAL NON-VALIDATION
  • 17. NON-RENUNCIATION
  • 18. ASSISTANCE – COMPLAINTS – CONTACT DETAILS
  • 19. MEDIATION
  • 20. APPLICABLE LAW
  • APPENDIX 1 – WITHDRAWAL FORM
  • APPENDIX 2 – IMA DATA PROTECTION POLICY

PREAMBLE

The TROPHY company develops and markets, through a network of Authorized Distributors, a self-contained electronic airbag vest, called the E-Protect Air® Airbag Gilet. The E-Protect Air® 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 onto a smartphone which is connected to the Internet.

Without subscribing to such an Offer and without synchronizing the Product with the E-Protect Air Application, the E-Protect Air® airbag Gilet cannot operate. Consequently, the airbag will not inflate and will not offer the protection for which it was designed.

For the technical aspects of the E-Protect Air® airbag Gilet’s operation, the Customer must refer to the User Manual supplied with the Purchase 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 E-Protect Air® airbag Gilet, as well as all applicable instructions for use.

 

1. DEFINITIONS

Capitalized terms used in these General Terms and Conditions have the following meanings:

  • Purchase of the Gilet: means the act of purchase by the Customer of the E-Protect Air® airbag Gilet from a TROPHY-approved Distributor or from an initial Customer in the case of a second-hand Product.
  • E-Protect Air Application: means the application developed by the Supplier which must be downloaded by the Customer to enable use of the features of the Product and Services.
  • Customer: means any natural person of legal age and capacity, acting other than in a professional capacity, whether such activity be commercial, industrial, artisanal or a licensed activity, who purchases the Gilet from a TROPHY-approved Distributor or from a Customer in the case of a second-hand Product, and who subscribes to the INFINITY or REFLEX Offer with the TROPHY company, and who may benefit from the e-calling Service.
  • General Terms and Conditions: means these General Terms and Conditions of Sale and Use of the Gilet and INFINITY or REFLEX Offers, including, where applicable, the e-calling Service;
  • Electronic device: means the electronic box containing the intelligence of the Gilet system, its electronics, its cables and the operation of the magnetic activation sensor;
  • Authorized distributor: means the retailer authorized by TROPHY to sell the Gilet to the Customer;
  • Gilet: means the E-Protect Air® airbag Gilet;
  • User Manual: means the Gilet User Manual provided to the Customer upon purchase of the Gilet and accessible by clicking on the following hypertext link: https://bering-moto.com/en_GB/page/user-manuals The Customer undertakes to strictly comply with the User Manual and to inform the User of the Product of the said User Manual.
  • INFINITY Offer: means the act of purchasing the connected airbag Service;
  • REFLEX Offer means the monthly subscription to the connected airbag Service;
  • Parties/Party together means the Supplier and the Customer and, individually, the Supplier or the Customer;
  • Product: means the Gilet and the connected airbag Service following the contractualization of an INFINITY or REFLEX Offer;
  • Services: together mean the connected airbag Service and the e-calling Service, as defined hereafter;
  • Connected airbag Service: means 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 airbag Service is linked to the serial number of each specific Gilet;
  • e-calling Service: means the service that will initiate the assistance procedure following the triggering of the Gilet. The e-calling Service is linked to the serial number of each specific Gilet.
  • On-line sales Site: means the internet site store.bering.fr/en_GB/ operated by TROPHY via the intermediary through which the Customer subscribed to the INFINITY or REFLEX Offer, as well as the e-calling Service as per the terms described herein;
  • User: means the person, of legal age and capacity, who actually uses and wears the Gilet;
  • Supplier: means the TROPHY company, a simplified joint stock company, having its registered office at 1 avenue Eiffel, CARRIERES-SUR-SEINE (78420), registered in the Versailles Trade and Companies Register under number 538 081 860, Intracommunity VAT number FR 13 538 081 860.

 

2. CONTENT, ENTIRETY AND SCOPE OF APPLICATION

2.1. These General Terms and Conditions define the terms and conditions for the provision of Services by the Supplier, which are necessary for the operation of the Gilet purchased by the Customer from the Authorized Distributor, as well as the terms of the Product warranty.

2.2. These General Terms and Conditions apply to all orders placed by the Customer with the Supplier on the online sales Site store.bering.fr/en_GB.

The General Terms and Conditions can be accessed at the online sales Site store.bering.fr/en_GB/ and will prevail, if necessary, over any other version or any other contradictory document.


Before placing an order, the Customer must read the General Terms and Conditions. Placing an order on the online sales Site implies full acceptance of the General Terms and Conditions by the Customer.

In this respect, they are enforceable against the Customer in accordance with the terms of Article 1119 of the French Civil Code. These General Terms and Conditions are applicable to the exclusion of all other conditions with regard to relations between the Customer/User and the Supplier.

2.3. Le Fournisseur se réserve le droit de modifier ponctuellement ses Conditions générales. La version des Conditions générales applicables à toutes commandes est celle en vigueur et figurant sur le Site de vente en ligne au moment de la commande. Elles seront applicables dès leur mise à disposition.

2.4. The General Terms and Conditions do not apply to the purchase of the Gilet by the Customer from an Authorized Distributor. The purchase of the Gilet by the Customer from the Authorized Distributor is subject, ipso jure and exclusively, to the general terms and conditions of sale of the said Authorized Distributor, which are the only ones applicable. In this respect, the Customer may exercise their right of withdrawal directly with the Authorized Distributor, depending on the terms and conditions of the purchase of their Gilet, without prejudice to the exercise of their right of withdrawal with the Supplier with regard to the INFINITY or REFLEX Offer.

 

3. GENERAL DESCRIPTION OF HOW THE GILET AND THE SERVICES WORK

3.1. The Gilet’s airbag system protects the person wearing the Gilet by an airbag which triggers and inflates in the presence of a detected situation which could lead to an accident. The Gilet reduces the impact sustained by the User in the event of a crash, although it does not rule out the possibility of injury.

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.

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 herein.

Once the Customer’s order for the INFINITY or REFLEX Offer has been validated, the Customer must download the E-Protect Air Application and proceed with the pairing of the Product, in accordance with the terms defined in Article 8.1 of the General Terms and Conditions.

3.3. Strict compliance with the terms and conditions mentioned in these General Terms and Conditions, as well as with the instructions contained in the E-Protect Air Application, is required to ensure the correct operation of the Product.

The E-Protect Air® Gilet is inactive until the electronic system of the Gilet is unlocked.

Once the order has been validated and the activation process completed, as described in Article 8.1 of the General Terms and Conditions, the Customer may use their Product in accordance with the terms and conditions defined in the Gilet User Manual.

The Customer must update the technology via the E-Protect Air Application for their Product to use the latest developments.

3.4. The Gilet's connected airbag Service operates in any country where the Service has been has been activated and the Customer has subscribed to an INFINITY or REFLEX Offer, under the terms and conditions defined in Articles 4 to 6 of the General Terms and Conditions.

For the REFLEX Offer, the Customer must connect to the E-Protect Air Application at least once a month to ensure Product synchronization, in accordance with the procedure described in Article 4.2.1 of the General Terms and Conditions.

3.5. The purpose of the e-calling Service is to initiate an assistance procedure following the triggering of the Product's airbag system.

The terms and conditions of the e-calling Service are detailed in Article 8.2 of the General Terms and Conditions, with the understanding that the e-calling Service is only available in certain areas, as detailed in Article 8.2.1 of the General Terms and Conditions (eligibility conditions).

 

4. PRICING CONDITIONS FOR THE SUPPLY OF SERVICES

In addition to purchasing the Gilet, the Customer must subscribe to the Connected Airbag Service, either by taking out the INFINITY Offer (with no time limit), or by taking out a monthly subscription to the REFLEX Offer, which is renewable every month, according to the terms and conditions described hereafter.

 

4.1. Purchase of INFINITY

The INFINITY Offer costs € 299.99 including VAT.

When subscribing to the INFINITY Offer, the connected airbag Service is purchased by the customer for the Product concerned, identified by its serial number and, subject to eligibility, the e-calling Service is provided for one year free of charge, according to the terms and conditions defined in Article 8.2 of the General Terms and Conditions.

After the first year, and subject to eligibility for the Service, the e-calling Service is renewed each year by tacit agreement for an annual subscription fee of € 19.99 including VAT. The Customer accepts that the price of the annual subscription to the e-calling Service will be automatically debited by the Supplier, at each annual due date, using the credit card details provided when subscribing to the INFINITY Offer, which the Customer expressly accepts and acknowledges.

If the Customer does not wish to renew the e-calling Service, they must inform the Supplier no later than one (1) month before the annual renewal date. Failing this, the e-calling Service will be automatically renewed for a further year.

Notification of non-renewal of the e-calling Service by the Customer is made directly from the customer account created by the Customer on the online sales Site. The e-calling Service will be interrupted after the last day of the anniversary date of the annual subscription to the e-calling Service. Any contractual year already started is due in full.

Before each anniversary date of the e-calling Service renewal, the Supplier will send an e-mail to the Customer reminding them of their option to terminate the e-calling Service, as well as the procedure to be followed, the deadline to be respected and the consequences of not renewing the e-calling Service.

Non-renewal of the e-calling Service will have no impact on the operation of the connected airbag Service, which will continue to function as intended. In this case, only the e-calling Service will be deactivated and will no longer be provided.

In the event that the Customer is not eligible for the e-calling Service, no compensation or indemnity will be due by the Supplier, in lieu of the free Service offered by the Supplier in the first year of subscription to the INFINITY Offer.

4.2. Subscription to REFLEX

4.2.1. The REFLEX Offer costs € 11.99 € including VAT per month. By subscribing to the REFLEX Offer, the Customer accepts that the price of the subscription to the REFLEX Offer will be automatically debited by the Supplier, at each monthly due date, using the credit card details provided at the time of subscription to the REFLEX Offer, which the Customer expressly accepts and acknowledges.

The operation of the REFLEX offer requires the customer to connect to the E-Protect Air application at least once a month in order to synchronize the product and update the subscription expiry date.

The synchronization process for the Gilet on the Application is as follows:

  • The User connects the Product to the Application from their smartphone;
  • Keeping the Product connected to the E-Protect Air Application, the User connects their smartphone to an Internet network.

In the event of failure to synchronize under the aforementioned conditions, the Product will no longer be operational due to the impossibility of updating the expiry date of the REFLEX Offer, and this will continue to be the case until the next connection to the E-Protect Air Application.

In this case, when the User uses the Product, the Gilet will emit a high-pitched beep at a rapid and repetitive rate, alerting the User to the need to synchronize the Product by connecting to the E-Protect Air Application, and to the fact that the Gilet is not operational.

4.2.2. The price of the REFLEX Offer includes the connected airbag Service and, subject to eligibility, the e-calling Service, provided under the terms and conditions defined in Article 8.2 herein.

In the event that the Customer is not eligible for the e-calling Service, no reduction in the price of the REFLEX Offer and no compensation will be due by the Supplier, which the Customer expressly acknowledges and accepts.

4.2.3. There is no long-term commitment to the REFLEX Offer. The Customer may therefore cancel the REFLEX Offer at any time and at no cost. Cancellation is made by the Customer via their customer account on the online sales Site.

As termination is instantaneous, Customers who have terminated their REFLEX Offer on their customer account will no longer benefit from the Connected Airbag Service and, where applicable, the e-calling Service from the date of the termination request. As of that date, the Services will no longer be operational and the Customer must no longer use the Gilet.

Any month commenced remains payable in full, and no refund of the REFLEX Offer price for the month in progress on the date of termination may be requested by the Customer.

The Customer may subscribe to a new REFLEX Offer after cancelling a previous REFLEX Offer. Where applicable, the Customer will be billed for a compulsory preliminary assessment at a cost of € 99.99 inc. VAT, in accordance with the terms and conditions defined in Article 9.5.1 of the General Terms and Conditions.

4.2.4. Stop & Go Option: As part of the REFLEX Offer, the Customer can activate the Stop & Go option. This enables the customer to reduce the cost of the REFLEX Offer during a period when they do not wish to use the Product. While this option is in place, the Product must not be used, as the Connected Airbag Service and the e-calling Service are deactivated and therefore not operational.

The monthly cost of the REFLEX Offer for the duration of the Stop & Go option is thereby reduced to € 5.99 incl. VAT instead of €11.99 incl. VAT.

The Customer accepts that the monthly subscription fee for the Stop & Go option will be automatically debited by the Supplier, at each monthly due date, using the credit card details provided at the time of subscription to the REFLEX Offer, which the Customer expressly accepts and acknowledges.

The Stop & Go option may be taken out at each REFLEX Offer monthly due date, subject to forty-eight (48) hours' notice, for a period of two (2), three (3), four (4) or five (5) months (full months), one (1) month after subscription to the REFLEX Offer.

For example, if the REFLEX Offer is taken out on March 10, 2023, a Stop & Go option can be set up as of April 10, 2023, for a maximum duration of 5 months, provided that the option was set up 48 hours beforehand, i.e. by April 8, 2023 at the latest.
If the Stop & Go option is taken out on April 14, 2023, it will take effect on May 10, 2023, the date of the next REFLEX Offer monthly due date.

Subscription to this Stop & Go option is only possible once per calendar year, and cannot be split or divided up, from January 1 to December 31 of each year, for a maximum period of five (5) months.

The Stop & Go Option must be subscribed to via the customer account accessible on the online sales Site. In addition, in order for the Stop & Go Option to be effectively taken into account, the Customer must synchronize the Product by connecting, at least once a month, to the E-Protect Air Application, according to the procedure detailed in Article 4.2.1 of the General Terms and Conditions. This is necessary to synchronize the Product and update the Stop & Go option expiry date.

The Customer may suspend the Stop & Go option and reactivate the REFLEX Offer (airbag Service and, where applicable, the e-calling Service) in advance, by taking the necessary steps no later than 48 hours before the anniversary date of a monthly due date.

The reactivation request is made by the Customer on his customer account and implies, in any event, proceeding with the synchronization of the Product by connecting to the E-Protect Air Application, according to the procedure detailed in Article 4.2.1 of the General Terms and Conditions.

For example, if a REFLEX Offer was taken out on March 10, 2023, and a Stop & Go option was set up on April 10, 2023, for a period of 5 months, the Customer may decide between May 11, 2023 and June 8, 2023 (i.e. 48 hours before the June 10, 2023 deadline) to reactivate the Connected Airbag Service and, if applicable, the e-calling Service in advance, for the June 10, July 10 or August 10, 2023 deadline. Reactivation of the REFLEX Offer will be effective from the monthly due date chosen by the Customer at the time of the reactivation request, after synchronization via the Application.

4.2.5. As a general rule, the Customer must synchronize the Product by connecting to the E-Protect Air Application each time there is a change in the conditions of use of the Product, such as updating the REFLEX Offer monthly due date, subscribing to the Stop & Go option, or terminating the Stop & Go option. To synchronize the Product, please follow the procedure described in Article 4.2.1 of these General Terms and Conditions.

4.3. Subscription to the INFINITY Offer after a period of subscription to the REFLEX Offer

A Customer who has initially subscribed to the REFLEX Offer has the option of subscribing to the INFINITY Offer after a period of thirty-six (36) full months of the REFLEX Offer. The appreciation of the REFLEX Offer subscription period is personal and exclusive to a given Customer, and the benefit of the initial Customer's subscription period cannot be claimed by the secondary Customer in the event of the purchase of a second-hand Product (the REFLEX Offer subscription period is restarted from zero).

Subscription to the INFINITY Offer is then possible at the price of € 129.99 incl. VAT (instead of € 299.99 incl. VAT).

This price includes an inspection of the Product and a one (1) year warranty on the Electronic Device under the terms and conditions described in Article 9.5.2 of the General Terms and Conditions, as well as, subject to eligibility, the e-calling Service offered free of charge for one (1) year, under the terms and conditions defined in Article 8.2 of these General Terms and Conditions.

The e-calling Service will then be renewed by tacit agreement for an annual subscription fee of €19.99 including VAT, under the terms and conditions defined in Article 4.1 of the General Terms and Conditions. The Customer accepts that the price of the annual subscription to the e-calling Service will be automatically debited by the Supplier, at each annual due date, using the credit card details provided at the time of subscription to the INFINITY Offer, which the Customer expressly accepts and acknowledges.

Should the customer not be eligible for the e-calling Service, no compensation or indemnity will be due by the Supplier, in lieu of the free Service offered by the Supplier, in the first year of subscription to the INFINITY Offer.

 

5. OPENING A CUSTOMER ACCOUNT AND ORDERING

5.1. Opening a Customer account

The Customer is invited to choose their Service offer, as described above in Article 4 of the General Terms and Conditions, and to place their order via the online sales Site store.bering.fr/en_GB/.

Subscribing to Services on the online sales Site requires the Customer to open a customer account prior to placing any order.

To create a customer account, the Customer must provide the following information: Surname, First name and an e-mail address. An activation link is sent to the Customer's e-mail address they provided to activate the account.

The Customer undertakes to provide the Supplier with accurate and complete information and to keep it up to date. If the Customer believes that their login details have been lost, stolen, misappropriated or compromised in any way, or in the event of any proven or suspected unauthorized use of their customer account, the Customer must immediately inform the Supplier. The Supplier shall not be held liable, unless at fault, for any activity recorded on the customer account through the use of the Customer's login credentials.

5.2. Validation of the order

Orders registered on the online sales Site are orders subject to payment, which means that placing an order implies monetary payment by the Customer. Once a customer account has been created, the order is validated as follows:

  • The Customer selects the Service Offer (INFINITY or REFLEX) they wish to subscribe to.
  • The Customer validates their basket by clicking on an initial button to validate their order (first click).
  • The Customer checks the details of their order, which are displayed on the summary page.
  • The Customer also fills in the information provided on the order form: contact details, telephone number of the Gilet User and the billing address. The Customer vouches to the Supplier for the sincerity and accuracy of the information provided.
  • The Customer chooses a means of payment and provides payment details in accordance with Article 6 of these General Terms and Conditions.
  • To confirm the order, the Customer must definitively validate it by:
    • Ticking a box certifying acceptance of these General Terms and Conditions, as well as a box certifying acceptance of the collection and processing of personal data as detailed in Article 11 herein. The Customer has the option, at this stage of the order validation process, to print or download these General Terms and Conditions.
    • Ticking a box confirming the Customer's knowledge that they cannot benefit from the e-calling Service if the billing address given at the time of their order is not located in one of the countries included in the distribution zone listed in Article 8.2.1 of these General Terms and Conditions (condition of eligibility for the e-calling Service);
    • Clicking again (second click) on the order validation button.

By placing an order, the Customer is deemed to have accepted the price and description of the offer to which they have subscribed.

Subscription to an offer is deemed complete on the date of acceptance of the order by the Supplier. Subscription to the INFINITY or REFLEX Offer will thus be considered definitive:

  • After the Supplier has sent the Customer confirmation of acceptance of the order by e-mail, to the address provided in the customer account. The Customer is advised to keep a copy of this confirmation.
  • And after receipt by the Supplier of the full price.

In the event of difficulty or for any question relating to an order, the Customer should contact the Supplier using the contact details provided in Article 18 herein.

 

6. PAYMENT

6.1. Payment of the price of the subscription to an Offer is made at the time of validation of the order by the Customer.

Payment for the order is made by credit card: Cartes Bleues, Visa, Visa International, Mastercard.

Please note that credit cards issued by banks domiciled outside France must be international bank cards.

Online payment by one of the accepted credit cards is made using the TLS1.2 secure solution.

The Customer guarantees to the Supplier that they have the necessary authorization to use the method of payment they chose when validating the order.

The Customer's card will only be debited once the order has been validated by the Supplier.

An e-mail confirming the order will be sent to the Customer's e-mail address provided when creating the customer account, once the order has been finalized, as stipulated in Article 5 of these General Terms and Conditions.

Payments made by the Customer will not be considered final until the Supplier has received the sums due.

The Supplier reserves the right to suspend any order in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment, in particular due to lack of funds.

No order can be taken into account without full payment.

6.2. For payments to be made at regular intervals (monthly instalments for the REFLEX subscription or the Stop & Go option, or annual instalments for the e-calling Service under the INFINITY Offer), the Customer is hereby informed that, in order to benefit from these Offers and Services, the amount specified in Article 4 of these General Terms and Conditions must be paid at each contractual instalment.

Thus, at the time of the initial order, the Customer expressly authorizes the Supplier to debit, at each contractual due date, the amount corresponding to the Service Offer subscribed to, i.e. € 11.99 incl. VAT/month for the Reflex Offer, € 5.99 incl. VAT/month for the Stop & Go option or € 19.99 incl. VAT/year for the e-calling Service under the INFINITY Offer, from the credit card provided at the time of said order.

It is the customer's responsibility to update their bank details by logging on to their customer account on the Supplier's online sales Site, if the validity period of their card has expired or if they have cancelled and/or renewed their credit card.

When the credit card expires, the Supplier will send an e-mail to the e-mail address entered in the customer account, inviting the customer to update their bank details.

6.3. In the event of non-payment or refusal to debit a contractual instalment, the Customer will be notified by e-mail from the Supplier to the e-mail address given in the customer account.

The Customer then has a period of seven (7) days from the date of dispatch of this email by the Supplier to regularize payment of the monthly instalment of the REFLEX Offer.

If the Customer fails to pay the contractual instalment concerned (monthly instalment of the REFLEX Offer or Stop & Go option or annual instalment of the e-calling Service), the supply of the corresponding Service will be suspended and the Product will no longer be operational and must therefore no longer be used by the Customer.

In any event, if a payment incident or default occurs, a specific sound will be emitted by the Gilet when it is activated, so that the User is informed of the situation and that the Gilet's is non-operational. This sound is materialized by a high-pitched "beep" emitted at a rapid and repetitive rate. Until payment has been made, the Customer must not use the Gilet, which will not be able to operate correctly.

6.4. The Supplier reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order, or with whom a payment dispute is pending.

 

7. ELECTRONIC COMMUNICATION AND PROOF

The online provision of the Customer's credit card number and the final validation of the order on the online sales Site shall be deemed to be the following:

  • Proof of the Customer's agreement, in particular on the price and conditions of the Offers and Services,
  • Payment of sums due for the order,
  • Signature and express acceptance of all operations performed.

In the event of fraudulent use of the Customer's credit card, the Customer is invited to contact the Supplier as soon as possible using the contact details provided in Article 18 of these General Terms and Conditions, without prejudice to the measures that the Customer must take with his bank or the competent authorities.

Computerized registers, kept in the Supplier's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments. Orders and invoices are archived on a reliable and durable medium and can be submitted as proof.

8. OPERATING THE SERVICES

8.1. Activation and pairing the Product on the E-Protect Air Application, synchronization and updating

8.1.1. Once the order has been validated and payment made, the Customer must download the E-Protect Air Application in order to activate the Product.

In order to use the Product, the Product must be connected to the E-Protect Air Application on the Product User's smartphone, and, for the E-calling Service, the User's smartphone must be connected to an Internet network when the airbag is triggered.

The Customer and/or User must download the Application onto a compatible smartphone, i.e.:

  • An Apple iPhone smartphone with an iOS 14 operating system (minimum system requirements) or any later version;
  • A smartphone with an Android 10 operating system (minimum system requirements) or any later version.

The Application is available free of charge from the Apple Store for iOS smartphones and from the Google Play Store for Android smartphones.

Once the Customer's order has been validated under the conditions defined in Article 5 of the General Terms and Conditions, the Connected Airbag Service and, where applicable, the e-calling Service, will be operational within an estimated time of one (1) hour, after compliance with the following process:

  • Validation of the payment as provided for in Article 6 of the General Terms and Conditions;/li>
  • Connection of the Product’s batteries;
  • Successful pairing of the Product to the E-Protect Air Application (follow the steps indicated in the E-Protect Air Application).

The Product is successfully paired when the following is image appears on the E-Protect Air Application:

The Product can only be used once pairing has been successfully completed.

8.1.2. In the case of the REFLEX Offer, the Customer must also connect to the E-Protect Air Application at least once a month in order to synchronize the monthly expiry date of the REFLEX Offer or the Stop & Go option, in accordance with the procedure detailed in Article 4.2.1 of the General Terms and Conditions.

 

8.1.3. 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 E-Protect Air 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.

8.1.4. 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.

8.1.5. The User must activate their Product, before each use, with the Activation Tab on the Gilet, as described in the User Manual.

If a problem arises, a specific sound is emitted by the Gilet when it is activated, informing the User that they must take action before using the 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. In this case, the Gilet is not operational and must not be used by the User or Customer.

For the technical and practical aspects of the Gilet's operation, Customers should refer to the User Manual included with their purchase of the Gilet (https://bering-moto.com/en_GB/page/user-manuals). The User must be careful not to make any sudden movements when wearing the Gilet, as this could cause the airbag to be triggered unintentionally.

The User must, in any event, deactivate the Product after each use in accordance with the procedure described in the User Manual.

8.2. Operating the e-calling Service

8.2.1. E-calling Service pre-requisites and eligibility

Conditions of eligibility for the e-calling Service (Distribution perimeter) : The e-calling service is strictly reserved for customers whose billing address, as indicated at the time of order validation, is located within the distribution perimeter, which includes the following countries:

  • France, including the following overseas territories: Guadeloupe, Martinique, French Guiana, Reunion
  • Italy.

Country of supply of the service when the Customer is eligible: As long as the billing address provided by the Customer is located within the distribution perimeter, the countries of supply of the e-calling Service, corresponding to the countries in which Users can benefit from the assistance service, are as follows:

  • France, including the following overseas territories: Guadeloupe, Martinique, French Guiana, Reunion Island and Mayotte;
  • Portugal;
  • Spain;
  • Italy;
  • Austria;
  • Germany;
  • Luxembourg;
  • Belgium;
  • The Netherlands;
  • Switzerland.

    Example:
  • A customer with a billing address in France, Germany or Italy is eligible for the e-calling service. He will then benefit from the assistance service when travelling in the countries where the e-calling service is provided (France, Portugal, Spain, Italy, Austria, Germany...). He will NOT benefit from the assistance service in territories that are not included in the countries where the e-calling service is provided (e.g. Poland, Albania, Slovenia, etc.).
  • A customer with a billing address in Spain, for example, will NOT be eligible for the e-calling service and will NOT benefit from the assistance service (including when traveling in countries within the distribution perimeter such as France, Germany or Italy).

The list of countries included in the distribution zone and the list of countries covered by the assistance service are subject to change, with the Supplier reserving the right to add countries to either list.

The e-calling Service operates via the User's smartphone, which must be connected to the Internet network. The User must first ensure that their smartphone is equipped with Bluetooth technology, a GPS location parameter, and that their mobile phone package allows them to access the Internet using mobile data, in order to benefit from the e-calling Service, which the Customer and User expressly acknowledge and accept.

In any case, when subscribing to an INFINITY or REFLEX Offer, the Customer must have entered the telephone number of the User of the Gilet.

The telephone number to be entered must be that of the Product User who is actually wearing the Gilet in order for the e-calling Service assistance procedure to be initiated, on the understanding that the telephone number can be updated either on the customer account or on the E-Protect Air application.

If the Supplier does not know the telephone number of the User of the Product, or if the telephone number does not correspond to that of the User, the e-calling Service will not be correctly provided, as the service provider will not be able to effectively initiate the assistance procedure described below.

In any event, in order to start using 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 their smartphone's battery saver.

In addition, for the e-calling Service to be provided, 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 prior to each use of the Product.

The Product User must also activate their smartphone's mobile data. 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:

  • Failure to activate the Gilet using its Activation Tab before each use by the User;
  • Absence or loss of the Bluetooth connection on the User's smartphone: the Product must be associated/connected to the Bluetooth of the User's smartphone when triggering the Gilet for the e-calling Service to work;
  • Absence or loss of activation of the GPS position/location parameter on the Product User's smartphone: the User's smartphone must be geolocated at all times when using the Gilet, and in particular when it is triggered. The User must therefore activate the GPS position/location parameter on their smartphone;
  • Absence or loss of authorization for the E-Protect Air Application to run in the background and activation of the battery saver on the User's smartphone, or lack of battery power on the smartphone;
  • Absence or loss of Internet access: the Product User's smartphone must be connected to the Internet and be located in an area covered by the mobile phone operator at all times while using the Gilet, and in particular when it is triggered. The User must activate the mobile data on their smartphone to ensure an Internet connection while on the move;
  • The User's smartphone is broken or switched off when the Gilet is triggered.

Furthermore, the e-calling Service will not be guaranteed should the User deactivate the e-calling Service on the E-Protect-Air Application.

8.2.2. Assistance procedure with the e-calling Service

When the Gilet's airbag is triggered, the Supplier's assistance service and the e-calling Service provider (IMA) will be aware of this triggering via the Electronic Device, if and only if the Product is effectively connected to the E-Protect Air Application and the e-calling Service is activated, in accordance with the stipulations of Article 8 and in particular Article 8.2.1.

Assistance procedure: When the airbag is triggered, the e-calling Service provider will remove any doubt by contacting the User on the telephone number provided on the E-Protect Air Application after a waiting period of one hundred and twenty (120) seconds:

  • The User answers the call: the e-calling Service provider will discuss the need to send emergency services to the User's location;
  • The User does not respond after three (3) calls from the e-calling Service provider:
    • If the User remains within a perimeter of three hundred (300) meters in diameter around the GPS geolocation position of the trigger, the e-calling Service provider will contact the appropriate emergency services at the location indicated on the GPS coordinates in its possession, to ask them to intervene;
    • If the User leaves the 300-meter diameter perimeter around the GPS geolocation position of the trigger, the e-calling Service provider will assume that the User is mobile and that the intervention of the emergency services is not necessary, which the Customer expressly acknowledges and accepts.

If the User's smartphone is not connected to the Internet when the Product's airbag is triggered, the E-Protect Air Application will not be able to warn the Supplier's assistance service and the e-calling Service provider. However, the E-Protect Air Application is configured to regularly renew 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 finds an Internet connection within this interval, the e-calling Service provider will be notified and the assistance procedure described above can be implemented. If no Internet connection is found, the E-Protect Air 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 E-Protect Air Application.

If the emergency services intervene at the request of the e-calling Service provider because the User does not respond to the e-calling Service call on the telephone number entered in the E-Protect Air Application following the activation of the Product's airbag, in accordance with the assistance procedure described above, even though the User does not require assistance or the airbag has been triggered due to an error, the Supplier reserves the right to invoice the Customer, on presentation of receipts, for any costs incurred as a result of unnecessary travel by the emergency services which may have been invoiced to the Supplier (costs depending on the geographical area in which the intervention takes place).

In the event of repeated and unnecessary activation of the Product by the User, the Supplier also reserves the right to remove the Customer from the e-calling Service. The Customer will be informed of this by registered mail with acknowledgement of receipt.

The User may deactivate the e-calling Service on the E-Protect Air Application if they so wish. In the event of deactivation of the e-calling Service, no assistance will be provided following a triggering of the Product's airbag system, which the Customer expressly acknowledges and accepts. Deactivation of the e-calling Service on the E-Protect Air Application does not imply termination of the subscription, which must be done by the Customer via the customer account, in accordance with Article 4 of the General Terms and Conditions.

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 encounter disruptions beyond the Supplier's control (such as breakdowns) which may affect the implementation of the assistance procedure.

 

9. WARRANTIES, AFTER-SALES SERVICE, INSPECTION AND PRODUCT RESTART

9.1. Legal warranties of conformity

The Supplier guarantees the conformity of the Gilet and the Product, enabling the Customer to make a claim under the legal warranty of conformity provided for in Articles L 217-3 et seq. of the French Consumer Code or the warranty for defects in the item sold within the meaning of Articles 1641 et seq. of the French Civil Code.

Under the legal warranty of conformity, defects of conformity which appear within a period of 2 years from the purchase of the Gilet, are, in the absence of proof to the contrary, presumed to have existed at the time of delivery of the Gilet, unless this presumption is incompatible with the nature of the Gilet or the Product, or of the alleged defect.

The Customer is then entitled to have the Gilet and the Product repaired or replaced, or, failing this, to have the price reduced or the sale rescinded, under the conditions set out in Articles L 217-8 et seq. of the French Consumer Code.

The legal warranty of conformity applies independently of any commercial warranties subscribed to or offered by the Supplier, under the conditions specified in Article 9.2.

In any event, the Customer may decide to invoke the warranty against hidden defects in the item sold, as defined in Article 1641 of the French Civil Code. In this case, the Customer may choose between rescinding the sale or reducing the price in accordance with Article 1644 of the French Civil Code.

In order to invoke the legal warranty of conformity or the warranty against hidden defects, the Customer should contact the Supplier using the contact details provided in Article 18 of the General Terms and Conditions.

In order to optimize the processing of its requests, the Customer is requested to indicate in all correspondence :

  • Their surname and first names;
  • The Gilet’s serial number;
  • The return reference provided by the Supplier identifying the Gilet or Product in question.

In accordance with the provisions of Article D. 211-2 of the French Consumer Code, the provisions of the appendix relating to this Article are reproduced in Article 9.3 of the General Terms and Conditions.

The legal warranty of conformity is not intended to apply to impact, dropping, improper storage, damage to the Gilet or the Product not related to an inherent defect in the Gilet or the Product, modification or repair of the Gilet or the Product not carried out by the Supplier, as well as in the event of improper use of the Gilet or the Product or in the event of use of the Gilet or the Product outside the scope of on-road 2- or 3- wheeled motorcycle and scooter use.

The Customer and the User must refer to the Gilet's User Manual to determine whether the Gilet or the Product is to be used in accordance with its intended purpose, and what misuse should be avoided.

The warranty does not cover consumables (batteries, cartridge, etc.).

In the event that the legal warranty of conformity is invoked, the cost of shipping the Gilet, in accordance with the terms and conditions defined by the Supplier, shall be borne by the Supplier. In the event that the returned Gilet does not in fact benefit from the legal warranty of conformity, the Supplier reserves the right to re-invoice the shipping costs to the Customer.

Any repair of the Product by a service provider other than the Supplier excludes the Supplier’s liability, to the full extent permitted by law and case law.

Commercial warranties do not cover the replacement of consumables (3.6V battery, 9V battery, gas generator, etc.).

9.2. Commercial warranty contract for the Electronic Device

9.2.1. Specific provisions relating to the commercial warranty contract for the INFINIY Offer : Electronic Device Warranty Extensions for the INFINITY Offer

The Supplier offers the Customer who has subscribed to the INFINITY Offer, the benefit of an additional warranty on the Electronic Device by subscribing to a commercial warranty contract.

After expiry of the legal warranty period of two (2) years, the commercial warranty contract enables the Customer to benefit from a commercial warranty under which the Supplier undertakes to repair or replace the defective Electronic Device, at their own expense, for an additional period of one (1) or two (2) years.

The one (1) year warranty extension is available at a price of € 59.99 including VAT.

The two (2) year warranty extension is available at a price of € 119.99 incl. VAT.

The commercial warranty contract must be taken out before the expiry of the legal warranty of conformity, i.e. before the expiry of the two (2) year period starting from the purchase of the Gilet from the Authorized Distributor.

The contractualization of an extended warranty is only possible as a one-off opportunity, all choices being final, subject to the exercise of the right of withdrawal.

The commercial warranty Contract is taken out by the Customer on the online sales Site, using the same ordering process as that described in Article 5 of the General Terms and Conditions, with the order implying an obligation to pay.

9.2.2. Specific provisions concerning the REFLEX Premium Offer commercial warranty

As part of the REFLEX Offer, the Supplier offers the Customer a Premium commercial warranty on the Electronic Device, beyond the legal duration of the conformity warranty (detailed in Article 9.1).

Thus, for the duration of the subscription to the REFLEX Offer, beyond the legal period of the conformity warranty, and subject to full payment of each monthly instalment of the REFLEX Offer, the Supplier undertakes to be liable for any defects in the Electronic Device and to repair or replace the defective Electronic Device at their own expense.

9.2.3. Provisions applicable to all commercial warranties

Commercial warranties do not cover defects in the Gilet other than those directly related to the Electronic Device.

Commercial warranties do not cover the replacement of consumables (3.6V battery, 9V battery, gas generator, etc.).

For the purposes of implementing the commercial warranties provided for in the present Article 9.2, the Customer shall contact the Supplier using the contact details provided in Article 18 of the General Terms and Conditions.

In order to optimize the processing of its requests, the Customer is requested to indicate in all correspondence :

  • Their surname and first names;
  • The Gilet’s serial number;
  • The return reference provided by the Supplier identifying the Gilet or Product in question.

Commercial warranties are not intended to apply to impact, dropping, improper storage, damage to the Gilet or the Product not related to an inherent defect in the Gilet or the Product, modification or repair of the Gilet or the Product not carried out by the Supplier, as well as in the event of improper use of the Gilet or the Product or in the event of use of the Gilet or the Product outside the scope of on-road 2- or 3- wheeled motorcycle and scooter use.

The Customer and the User must refer to the Gilet's User Manual to determine whether the Gilet or the Product is to be used in accordance with its intended purpose, and what misuse should be avoided.

Commercial warranties apply without prejudice to the consumer Customer's right to benefit from the legal warranty of conformity, under the conditions laid down in Articles L 217-1 et seq. of the French Consumer Code, and that relating to hidden defects, under the conditions laid down in Articles 1641 to 1649 of the French Civil Code.

In accordance with the provisions of Article D. 211-2 of the French Consumer Code, the provisions of the appendix relating to this Article are reproduced in Article 9.3 of the General Terms and Conditions.

The cost of shipping the Product under the commercial warranties referred to in this Article 9.2 shall be borne by the Supplier, in accordance with the terms defined by the Supplier. In the event that the returned Product does not in fact benefit from the commercial warranty in question, the Supplier reserves the right to re-invoice the shipping costs to the Customer.

Any repair of the Product by a service provider other than the Supplier excludes the Supplier's liability, to the fullest extent permitted by law and case law.

9.3. Appendix to Article D. 211-2 of the French Consumer Code

Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.

The legal warranty of conformity obliges the professional body, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal warranty of conformity entitles the consumer to repair or replacement of the goods within thirty days of his request, free of charge and without any major inconvenience for him.

If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer asks for the goods to be repaired, but the seller requires them to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction in the purchase price by keeping the goods, or terminate the contract by obtaining a full refund against return of the goods, if :

1° The professional body refuses to repair or replace the goods;

2° The goods are repaired or replaced after a period of thirty days;

3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;

4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to render them compliant.

The consumer is also entitled to a reduction in the price of the goods or to rescind the contract if the lack of conformity is so serious as to justify an immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods beforehand.

The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.

Any period of immobilization of the goods with a view to their repair or replacement suspends the remaining warranty period until delivery of the repaired goods.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

Any seller who obstructs the implementation of the legal warranty in bad faith is liable to a civil fine of up to 300,000 Euros, which may be increased to 10% of average annual sales (Article L. 241-5 of the French Consumer Code).

Consumers also benefit from the legal warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept, or to a full refund if the goods are returned.

9.4. After Sales Service

The Supplier offers an after-sales service. As part of this service, the Supplier may be required, at the Customer's request, to carry out inspections and/or repairs and/or replace parts of the Product, which are not covered by the legal warranty of conformity in Article 9.1 or the commercial warranties detailed in Article 9.2.

To benefit from this after-sales service, the Customer must contact the Supplier, using the contact details provided in Article 18 of these General Terms and Conditions, preferably by electronic means.

As part of the after-sales service, the Supplier will first attempt to resolve the problem remotely, if necessary by means of a technical intervention by the Supplier.

If the problem persists, the Customer may, at their own expense and using the means of their choice (Colissimo, carrier, etc.), send their Gilet to the Supplier so that the latter can carry out a complete assessment of the Product. The Supplier may then draw up an estimate for the repairs or changes to be made, which will be subject to the Customer's prior acceptance. The estimate will specify whether the repairs or changes are necessary and indispensable to ensure the safety and correct operation of the Gilet.

The cost of returning the Product to the Customer, whether or not the Customer carries out the repairs or changes recommended by the Supplier, shall in any event be borne by the Customer.

Should the Customer refuse to carry out the repairs which are essential to ensure the safety and correct operation of the Gilet, the Customer will be informed that the Gilet is no longer operational and must no longer be used. If this is the case, the Customer may terminate the current Offers and Services, in accordance with the procedures detailed in Article 4 of these General Terms and Conditions.

If no repair is carried out and the Product is used by the Customer, the Supplier shall not be held liable, to the fullest extent permitted by law and case law.

Any repair of the Product by a service provider other than the Supplier excludes the Supplier's liability, to the fullest extent permitted by law and case law.

9.5. Mandatory Product assessment

9.5.1. Mandatory assessment for a new subscription to the REFLEX Offer (Article 4.2 of the General Terms and Conditions)

If the Customer wishes to resubscribe to the REFLEX Offer after cancelling his previous REFLEX Offer in accordance with Article 4.2 of the General Terms and Conditions, the Customer will be charged a restart fee with compulsory prior assessment of the Gilet.

In order to carry out the preliminary mandatory assessment, the Customer must send the Gilet to the Supplier at their own expense, using the method of their choice (Colissimo, carrier, etc.), to the address provided in Article 18 of the General Terms and Conditions.

The cost of the mandatory preliminary assessment will be invoiced to the Customer by the Supplier at a rate of € 99.99 including VAT.

If, as part of the assessment, the Supplier determines that the Gilet needs to be repaired outside the scope of the warranty, the Supplier will draw up an estimate for the repairs or changes to be made, which will be submitted to the Customer for prior acceptance. The estimate will specify whether the repairs or changes are necessary and indispensable to ensure the safety and correct operation of the Gilet.

Once the assessment and/or repairs have been carried out and the corresponding invoices paid by the Customer, the Supplier will ship the Gilet, at their own expense, to the Customer.

Should the Customer refuse to carry out repairs which are essential to ensure the safety and correct operation of the Gilet, the Customer will be informed that the Gilet is no longer operational and must no longer be used. Where applicable, the Customer may terminate the current Offers and Services, in accordance with the terms and conditions set out in Article 4 of these General Terms and Conditions.

If no repair is carried out and the Product is used by the Customer, the Supplier shall not be held liable, to the fullest extent permitted by law and case law.

Any repair of the Product by a service provider other than the Supplier excludes the Supplier's liability, to the fullest extent permitted by law and case law.

9.5.2. Mandatory assessment when subscribing to the INFINITY Offer after a REFLEX Offer (Article 4.3 of the General Terms and Conditions).

When the Customer subscribes to an INFINITY Offer after 36 full months of subscription to the REFLEX Offer, as stipulated in Article 4.3 of the General Terms and Conditions, it is mandatory for the Supplier to carry out an assessment of the Gilet.

In order for the assessment to be carried out, the Customer must send the Gilet to the Supplier at their own expense, using the method of their choice (Colissimo, carrier, etc.), to the address provided in Article 18 of the General Terms and Conditions.

The cost of the assessment as such is included in the INFINITY Offer subscription fee of € 129.99 including VAT.

As part of the assessment, the Supplier checks the Product and changes the batteries. Carrying out the assessment entitles the Customer to a one (1) year commercial warranty on the Electronic Device, offered by the Supplier. In this respect, the Supplier undertakes to assume liability for any defects in the Electronic Device which may appear within one (1) year of the assessment, and to repair or replace the defective Electronic Device at their own expense.

This commercial warranty does not cover defects in the Gilet other than those directly related to the Electronic Device, and is subject to the general provisions for the implementation of commercial warranties set out in Article 9.2.3 of the General Terms and Conditions.

If, as part of the assessment, the Supplier identifies the need for repairs to the Gilet, the Supplier will draw up an estimate for the repairs or changes to be made, which will be submitted to the Customer for prior acceptance. The estimate will specify whether the repairs or changes are necessary and indispensable to ensure the safety and correct operation of the Gilet.

Once the assessment and/or repairs have been carried out and the corresponding invoices paid by the Customer, the Supplier will ship the Gilet, at their own expense, to the Customer.

Should the Customer refuse to carry out the repairs which are essential to ensure the safety and correct operation of the Gilet, the Customer will be informed that the Gilet is no longer operational and must no longer be used. If this is the case, the Customer may terminate the current Offers and Services, in accordance with the terms detailed in Article 4 of these General Terms and Conditions.

If no repair is carried out and the Product is used by the Customer, the Supplier shall not be held liable, to the fullest extent permitted by law and case law, and the Customer shall not benefit from the one (1) year commercial warranty on the Electronic Device provided for in this Article.

Any repair of the Product by a service provider other than the Supplier excludes the Supplier's liability, to the fullest extent permitted by law and case law.

9.5.3. Mandatory assessment if the Product is sold (second-hand Product)

The initial Customer may transfer the Gilet to a third party, a secondary Customer.

Where the initial Customer has subscribed to the INFINITY Offer, this is transferred, together with the Gilet, to the secondary Customer, who must, where applicable, pay the annual price of the e-calling Service for the future, it being understood that the first year of annual subscription to the e-calling Service is provided free of charge by the Supplier. In the event that the Secondary Customer is not eligible for the e-calling Service, no compensation or indemnification will be payable by the Supplier, in lieu of the free Service offered by the Supplier, for the first year of subscription to the INFINITY Offer.

Where the initial Customer has subscribed to the REFLEX Offer, the secondary Customer must subscribe to a REFLEX or INFINITY Offer, in accordance with the terms and conditions set out in Article 4 of the General Terms and Conditions.

It is the responsibility of the initial Customer to terminate any current Offers and Services, if applicable, in accordance with the terms and conditions set out in Article 4 of the General Terms and Conditions.

In any event, any transfer of the Gilet implies that the secondary Customer creates a customer account on the online sales Site, in accordance with the provisions of Article 5 of the General Terms and Conditions, and in particular provides the telephone number of the new User of the Gilet.

In addition, a mandatory assessment of the Product must be carried out by the Supplier prior to any new use of the Product. The Supplier's assessment ensures that the Product is in good working order before it is used by the secondary Customer. The assessment also enables the Supplier to update all information relating to the Gilet in its databases.

If the assessment is not carried out, the Gilet is not operational and must not be used by the Secondary Customer.

It is therefore the secondary Customer's responsibility to send the Gilet to the Supplier at their own expense, using the method of their choice (Colissimo, carrier, etc.), to the address provided in Article 18 of the General Terms and Conditions.

The cost of the Gilet assessment is € 129.99 inc. VAT, including inspection of the Product and battery change.

Any assessment carried out as part of a transfer of the Product (second-hand Product) carries with it the benefit of a one (1) year warranty on the Electronic Device, offered by the Supplier, for the benefit of the secondary Customer. In this respect, the Supplier undertakes to assume liability for any defects in the Electronic Device which may appear within one (1) year of the assessment, and to repair or replace the defective Electronic Device at their own expense.

This commercial warranty does not cover defects in the Gilet other than those directly related to the Electronic Device, and is subject to the general provisions for the implementation of commercial warranties set out in Article 9.2.3 of the General Terms and Conditions.

If, as part of the assessment, the Supplier determines that repairs outside the scope of the warranty need to be carried out on the Gilet, the Supplier will draw up an estimate for the repairs or changes to be made, which will be submitted to the Secondary Customer for prior acceptance. The estimate will specify whether the repairs or changes are necessary and indispensable to ensure the safety and correct operation of the Gilet.

Once the assessment and/or repairs have been carried out and the corresponding invoices paid by the secondary Customer, the Supplier will ship the Gilet, at their own expense, to the Customer

In the event that the secondary Customer refuses to carry out repairs which are essential to ensure the safety and correct operation of the Gilet, the Customer will be informed that the Gilet is no longer operational and must no longer be used. Should this be the case, the secondary Customer is responsible for terminating the current Offers and Services, in accordance with the terms and conditions detailed in Article 4 of these General Terms and Conditions.

If no repair is carried out and the Product is used by the Customer, the Supplier shall not be held liable, to the full extent permitted by law and case law, and the Customer shall not benefit from the one (1) year commercial warranty on the Electronic Device provided for in this Article.

Any repair of the Product by a service provider other than the Supplier excludes the Supplier's liability, to the fullest extent permitted by law and case law.

It is the responsibility of the initial Customer to inform the secondary Customer of the terms of this Article and, more generally, of these General Terms and Conditions, prior to any transfer of the Gilet.

Should the secondary Customer fail to comply with the assessment obligation set out in this Article, the Supplier shall not, to the fullest extent permitted by law and case law, be held liable for any malfunction of the Gilet.

9.6. Resetting the Product after the airbag has been triggered

If the airbag has been triggered for any reason whatsoever, the product must be reset before it can be used again. The Customer is asked to strictly follow the instructions in the User Manual https://bering-moto.com/en_GB/page/user-manuals to avoid any unwanted triggering of the Gilet. In particular, the following should be clearly noted:

  • The Gilet must only be activated when it is being worn and the User is seated on the vehicle. The activated Gilet must not be worn on any other journey than that of the motorized 2 or 3-wheeled vehicle;
  • When the Gilet is worn and activated, no sudden movements of the upper body are permitted;
  • When the Gilet is worn and activated, no other type of movement without the vehicle is permitted;
  • The Gilet must not be activated when not being worn;
  • The Gilet must not be activated when stored in a cupboard, top-case, suitcase or any other place where it could be triggered by a sudden movement;
  • The Gilet must be kept away from any magnetized object that could activate it without the User's knowledge, or when this function is not desired or desirable.

The cost of resetting the Product is € 129.99 incl. VAT payable by the Customer.

Resetting the Product includes an assessment by the Supplier to ensure that the Product is operating correctly. The Supplier then checks the Product and changes the batteries and gas generator.

Once the Product has been reset, the Customer must send the Gilet to the Supplier at their own expense, using the method of their choice (Colissimo, carrier, etc.), to the address provided in Article 18 of the General Terms and Conditions.

If, as part of the assessment, the Supplier determines that the Gilet needs to be repaired outside the scope of the warranty, the Supplier will draw up an estimate for the repairs or changes to be made, which will be submitted to the Customer for prior acceptance. The estimate will specify whether the repairs or changes are necessary and indispensable to ensure the safety and correct operation of the Gilet.

Once the assessment and/or repairs have been carried out and the corresponding invoices paid by the Customer, the Supplier will ship the Gilet, at their own expense, to the Customer.

If the Customer refuses the Supplier's estimate, the repairs will not be carried out by the Supplier and the Product will no longer be fit for use, which the Customer expressly acknowledges and accepts. In this case, it is the Customer's responsibility to terminate the current Offers and Services, in accordance with the procedures detailed in Article 4 of these General Terms and Conditions.

If no repair is carried out and the Product is used by the Customer, the Supplier shall not be held liable, to the full extent permitted by law and case law.

Any repair of the Product by a service provider other than the Supplier excludes the Supplier's liability, to the fullest extent permitted by law and case law.

9.7. Estimated lifespan of the Gilet

The regulations applicable to the conformity of personal protective equipment require that the lifespan of the equipment concerned be stated.

In accordance with these regulations, the Customer is hereby informed that the lifespan of the Gilet is estimated at five (5) years from the date of purchase, under normal conditions of use.

After this period, the components of the Gilet (in particular the airbag, the liner, the fabric, etc.) with the exception of the gas generator, which has an estimated life of ten (10) years), must be replaced, which the Customer expressly acknowledges and accepts. To this end, the Customer must contact the Supplier using the contact details provided in Article 18 of the General Terms and Conditions.

If the components are not changed and the Gilet is used by the Customer, the Supplier cannot be held liable, to the full extent permitted by law and case law. Any change of components by a service provider other than the Supplier excludes the Supplier's liability, to the fullest extent permitted by law and case law.

 

10. RIGHT OF WITHDRAWAL

In accordance with the provisions of the French Consumer Code, the Customer has a period of 14 working days from the date of subscription to an INFINITY Offer or initial subscription to a REFLEX Offer to change their mind and cancel their subscription to the aforementioned Offers.

The right of withdrawal may be exercised electronically via the following e-mail address: e-protect@trophy-group.com or by post sent to the address provided in Article 18 of these General Terms and Conditions, by sending the completed Withdrawal Form, available in Appendix 1 of these General Terms and Conditions.

If the right of withdrawal is exercised electronically, an acknowledgement of receipt will be sent to the Customer's e-mail address.

Any other method of declaring withdrawal is acceptable, provided that it is unambiguous and expresses the wish to withdraw.

In all cases, the Customer must provide the Supplier with details of the bank account to which the refund should be made.

If the right of withdrawal is exercised within the aforementioned period, the price of the order corresponding either to the subscription to the INFINITY Offer or to the first monthly instalment of the REFLEX Offer, i.e. the sum of € 11.99 including VAT, will be reimbursed.

The refund will be made by the Supplier, by bank transfer, to the account for which bank details have been provided by the Customer, within 14 days of receipt of the Customer's decision to exercise the right of withdrawal (and of the bank details of the account to which the refund is to be made).

This right of withdrawal only applies to the Customer's subscription to the INFINITY or REFLEX Offers on the online sales Site. It does not apply to the purchase of the Gilet from an Authorized Distributor, which is governed solely by the General Terms and Conditions of Sale of the Authorized Distributor.

Customers are informed that if they exercise their right of withdrawal and do not subscribe to an Offer, the Gilet will not be operational.

 

11. PERSONAL DATA

The term "You" and its derivatives (your...) used in the context of this Article refers to the Customer. The term "we" and its derivatives (our...) used in the context of this Article refers to the Supplier.

The TROPHY company, registered with the Versailles Trade and Companies Register under number 538 081 860, whose registered office is located at 1, Avenue Eiffel, 78420 Carrières-sur-Seine, is responsible for processing your personal data for the following purposes, it being understood that for some of these purposes, INTER MUTUELLES ASSISTANCE SERVICES (IMA) may act as joint data controller:

Purpose

Legal basis

Contact request management

Our legitimate interest (responding to your requests and getting to know you better)

User account access management (secure access)

Our legitimate interest (ensure the security of the E-Protect-Air website and Application)

Management of INFINITY Offer, REFLEX Offer and/or e-Calling Service.

The performance of the contract between us or our legitimate interest (providing adequate customer service) for data that would exceed what is strictly necessary for the performance of contractual obligations

 

Management of connected airbag and e-Calling Services and the E-Protect Application

The performance of the contract between us or our legitimate interest (providing adequate customer service) for data that would exceed what is strictly necessary for the performance of contractual obligations

Management of the Stop & Go option

The performance of the contract between us

Gilet airbag assessment

The performance of the contract between us

Management of withdrawals

Compliance with regulatory obligations

Geolocation

Your consent
If you do not consent to this processing, we will not be able to provide the connected airbag or E-calling Services.

Management of legal warranties of conformity and hidden defects

Compliance with regulatory obligations

Management of after-sales service and complaints

The performance of the contract between us or our legitimate interest (improving our offers and customer experience) for data that would exceed what is strictly necessary for the performance of contractual obligations

Measuring traffic on the online sales Site

Our legitimate interest (to manage and boost visits to our site) or your consent if required by law (depending on the type of cookie)

Follow up on areas of interest via cookies

Your consent

Sales prospecting activities

Our legitimate interest (to promote our offers) or your consent if required by law

Management of a loyalty program and promotional operations (promotional games)

The performance of the contract between us or our legitimate interest (promote our offers) for data that would exceed what is strictly necessary for the performance of contractual obligations

Statistical data processing

Our legitimate interest (improve our offers)

Management of customer reviews and satisfaction surveys

Our legitimate interest (promote and improve our offers)

TROPHY has set up a partnership with INTER MUTUELLE ASSISTANCE SERVICES (IMA), which handles e-Call emergency calls.

IMA records the calls, TROPHY does not have access to them. We invite you to read IMA's Data Protection Policy, which is fully reproduced in Appendix 2 of the General Terms and Conditions.

What data do we process?

TROPHY processes the following categories of personal data: identification data (airbag Gilet serial number, surname, first name, contact details, telephone number, etc.), data relating to the condition of the airbag Gilet (batteries, cartridge, etc.), data relating to your interests, as well as data relating to contracts and payments and, if you subscribe to the e-calling Service, your geolocation data.

TROPHY collects information that is essential for the purposes described above. This information is marked with an asterisk on the form. If you do not fill in these mandatory fields, TROPHY will not be able to provide you with the relevant service.

Personal data is collected directly by TROPHY from the persons concerned, or may have been transmitted to us by our commercial partners.

Who can access your personal data?

Your personal data is mainly communicated/accessible to TROPHY personnel in charge of sales and marketing, information systems security and the Heads of Finance and Legal affairs.

Outside TROPHY, your data will be shared with:

  • TROPHY's IT service providers (in charge of maintenance and IT hosting)
  • IMA, who is in charge of managing e-Call emergency calls, and its operational and technical subcontractors involved in handling emergency calls.
  • Sub-contractors involved in payment management
  • Companies who are part of the same group as TROPHY (2-RIDE Group)
  • Auditors involved in certification and/or labeling processes

Subcontractors acting on TROPHY's instructions will be required to implement appropriate protection measures.

If any of TROPHY's partners are located outside of the European Union, we will ensure that transfers are carried out in accordance with French regulatory requirements (e.g. implementation of contractual clauses adopted by the European Commission). You can contact TROPHY's Data Protection Officer to obtain further information on these subjects and a copy of the relevant documents.

How long do we keep your private data?

Personal data processed by TROPHY is stored in accordance with data protection regulations and for the legally prescribed periods. For example:

  • Data relating to prospective customers is kept for 3 years from the last commercial contact;
  • For the e-calling Service, unless the airbag system is triggered by an impact, the e-Protect application only stores the last 10 GPS points taken every 20 seconds.

What are your rights?

  • You have the right to request access to your personal data.
  • You have the right to ask for your personal data to be corrected.
  • You have the right to request that we restrict the processing of your personal data, (i) if you dispute the accuracy of your data for the period of time necessary for us to verify its accuracy, (ii) if you consider that we are processing your data unlawfully and you request that we restrict its use rather than delete it, (iii) if we no longer need your data for the purposes mentioned above, but it is still required for the establishment, exercise or defense of your legal rights, (iv) if you exercise your right to object to our processing of your data, for the duration of the verification as to whether the legitimate reasons we are pursuing prevail over yours.
  • You have the right to ask us to delete your personal data.
  • You have the right to exercise your right to object to the processing of your personal data for reasons relating to your personal situation.
  • You have the right to object, at any time and without justification, to commercial prospecting.
  • You have the right not to be subject to a decision based exclusively on automated processing that has produced legal effects concerning you or significantly affecting you.
  • You have the right to exercise your right to data portability, which gives you the right to obtain a copy of your data or transfer it to a third party in a structured and commonly used machine-readable format.
  • You have the right to withdraw your consent at any time where the processing of your data is based on that consent.
  • You also have the right to formulate directives concerning the conservation, deletion and disclosure of your personal data after your death.

These rights may be exercised at any time by sending an e-mail to dpo@trophy-group.com or by post to the following address: SHARK HELMETS - DPO, 110, Route de la Valentine, 13011 Marseille.

You may also - if you wish - lodge a complaint with the French Data Protection Authority – la Commission Nationale de l'Informatique et des Libertés (CNIL). Further information is available on its website www.cnil.fr.

Revocation of the Customer's consent to the use of personal data will prevent the operation of the Connected Airbag Service and the e-calling Service, where applicable, since the personal data provided is essential for their operation.

The Customer's attention is particularly drawn to the fact that in the event of revocation of their consent to the processing of their personal data, the Connected Airbag Service and the e-calling Service, if applicable, will no longer be provided by the Supplier.

 

12. INFORMATION DISCLOSURE

These General Terms and Conditions are brought to the Customer's attention prior to the purchase of the Gilet by the Authorized Distributor, who undertakes, more generally, to bring to the Customer's attention all the pre-contractual information required by the French Consumer Code, prior to the purchase of the Gilet.

Should the Customer purchase the Product for the benefit of a third-party User, the Customer undertakes to inform the User of these General Terms and Conditions, as well as of the User Manual for the Gilet. The User must be of legal age.

Should the initial Customer transfer the Gilet to a third party, a secondary Customer, it is the Customer's responsibility to forward the General Terms and Conditions in force prior to any transfer, which can be accessed by clicking on the following link https://store.bering.fr/en_GB/gtcs.

 

13. FORCE MAJEURE AND UNFORSEEABLE EVENTS

If there is a change in circumstances that could not have been foreseen at the time the contract was entered into, in accordance with the provisions of Article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract vis-à-vis the other Party.

Any circumstances beyond the control of the Parties which prevent the performance of their obligations under normal conditions are considered as grounds for exoneration from the Parties' obligations and result in their suspension.

The Party invoking the aforementioned circumstances must immediately notify the other Party of their occurrence, as well as of their cessation.

Force majeure shall mean any irresistible event or circumstance, external to the Parties, unforeseeable, unavoidable, beyond the control of the Parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to external telecommunication networks.

The Parties shall meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three (3) months, the contract may be terminated by the aggrieved Party.

 

14. TERMS OF USE OF THE ONLINE SALES SITE

14.1. The Supplier undertakes to use its best efforts to provide the Customer with reliable and rapid access to the online sales Site. The online sales Site is accessible 24 hours a day, 7 days a week, subject to accidental interruption or interruption necessary for its correct operation, such as a maintenance operation, it being understood that any interruption of access to the online sales Site does not give rise to any right to compensation. 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 online sales Site is accessible free of charge in any location, to any Customer with Internet access. All costs incurred by the Customer in accessing the service (hardware, software, Internet connection, etc.) shall be borne exclusively by the Customer.

14.2. The Supplier grants a non-exclusive, personal, non-transferable, non-assignable right to use the Online Sales Site, the Application and the technologies of the Services, in accordance with their purpose. The Customer hereby undertakes to access and use the Online Sales Site, the Application or the technologies of the Services in a fair manner and in compliance with these General Terms and Conditions.

In particular, the Customer undertakes:

  • Not to copy all or part of the online sales Site, the Application or the technologies of the Services, or reproduce them, sell them, make them available, modify them, adapt them, translate them, decompile them, subject them to reverse engineering operations, disassemble them or attempt to derive the source codes from them;
  • Not to circumvent or defeat the rules of security or use of the online sales Site, the Application or the technologies of the Services;
  • Not to use any device such as a virus, robot, software or routine to interfere or attempt to interfere with the proper operation of the online sales Site, the Application or the technologies of the Services;
  • Not to impersonate any other person;
  • Not to collect information from other users in order to use it, in particular, to send commercial or equivalent solicitations, or to integrate it into a referencing service.

14.3. In any event and to the fullest extent permitted by law and case law, the Supplier declines all liability :

  • for any imprecision, inaccuracy or omission relating to information available on the online sales Site,
  • for any damage resulting from intrusion by a third party leading to modification of the information made available on the online sales Site, the Application or the Services' technologies,
  • in the event of interruption or inaccessibility of the online sales Site, the occurrence of bugs or any damage resulting from fraudulent acts by third parties,
  • and more generally, for any damage, direct or indirect, whatever the cause, origin, nature or consequences, caused by access to the online sales Site or the impossibility of accessing it, as well as the use of the online sales Site and/or credibility given to any information originating directly or indirectly from the online sales Site.

14.4. The conditions of use of the E-Protect Air Application and the technologies of the Services are supplemented by the General Conditions of Use of the Application.

 

15. INTELLECTUAL PROPERTY

The online sales Site and its content as well as the "Trophy" and "E-Protect air®" Gilet trademarks and logo are and shall remain the exclusive property of the Supplier, the sole holder of the intellectual property rights.

Customers undertake not to make any use of this content. Except with the prior written consent of the Supplier, any reproduction of this content, in whole or in part, is strictly forbidden and may constitute an infringement of copyright.

 

16. PARTIAL NON-VALIDATION

If one or more stipulations of these General Terms and Conditions 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.

 

17. NON-RENUNCIATION

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.

 

18. ASSISTANCE – COMPLAINTS – CONTACT DETAILS

    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:

  • By e-mail to the following address: e-protect@trophy-group.com
  • By letter sent to the following address:
    TROPHY SAS
    1 avenue Eiffel
    78420 CARRIERES-SUR-SEINE
    FRANCE
  • By telephone: +33 (0) 1 34 80 39 00

 

19. MEDIATION

The Customer may have recourse 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.

Every consumer has the right to consult with a Consumer Ombudsman free of charge, with a view to the amicable resolution of the dispute with a professional body.

To do this, the Customer must first send a written complaint to the Supplier at the contact details as provided in Article 18 herein, in order to seek an amicable settlement with the Supplier.

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 the Supplier.

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/

 

20. APPLICABLE LAW

These General Terms and Conditions 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.

 

APPENDIX 1 – WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract).

To the attention of TROPHY, 1 avenue Eiffel - 78420 CARRIERES-SUR-SEINE - France ; e-protect@trophy-group.com:

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of services (*) below:

Ordered on (*)/received on (*) :

Name of consumer(s) :

Address of consumer(s) :

Signature of consumer(s) (only when using a paper form) :

Date :

(*) Delete as appropriate.

Please enclose the bank details of the account to which the refund should be made.

 

APPENDIX 2 – IMA DATA PROTECTION POLICY

Inter Mutuelles Assistance Services (IMA SERVICES), a simplified joint stock company with capital of 3,553,329 Euros, having its registered office at 118 avenue de Paris - CS 40 000 - 79 033 Niort Cedex 9, registered in the Niort Trade and Companies Register under number 430.336.552, in its capacity as Data Controller, collects the following data in connection with the processing of alerts:

  • data relating to the identification of the service beneficiary: identity and contact details of the person using the airbag vest, the make, model, type of power and registration of the vehicle;
  • location data: the place where the alert was triggered, previous positions to reconstruct the route taken before the alert was triggered, and subsequent positions for 2 hours in the event of a new alert, on the understanding that routes are not tracked;
  • time-stamping data and classification of the beneficiary's emergency situation.

 

These data are used:

 

    under contractual performance for:

  • receiving accident detection alerts, qualifying them and, if necessary, putting the beneficiary who is in an emergency situation in contact with the emergency services;
  • handling appeals, claims and disputes;

 

    in the legitimate interest of IMA SERVICES:

  • compiling statistics, technical studies and marketing analyses, in particular to optimize business processes, enhance customer experience by optimizing the customer’s pathway, provide offers better adapted to the market and monitor the quality of services provided;
  • operations relating to customer management, in particular relationship follow-up (e.g. satisfaction surveys, recording of calls);

 

    as part of legal obligations:

  • implementation of anti-fraud measures. If an anomaly, inconsistency or alert is detected, a list of people considered to be a risk of fraud may be drawn up;
  • responding to official requests from a duly authorized public or judicial authority;
  • deployment of anti-corruption measures;
  • management of rights requests (access, opposition, etc.).

 

    These data may be transmitted to or accessed by the following bodies on a need-to-know basis and within the limits of their respective responsibilities:

  • emergency services;
  • judicial authorities on their official request;
  • technical sub-contractors for IT administration and maintenance operations;
  • companies in the IMA Group acting as subcontractors for the above-mentioned purposes;
  • TROPHY for activity reporting purposes.

 

They may be transmitted outside the European Union following an event occurring outside this territory and/or accessed from countries outside the European Union as part of IT administration and maintenance operations.

Telephone conversations are recorded in order to build up factual elements that may be used in the prevention and resolution of disputes, litigation and pre-litigation.

 

These recordings can also be used for:

  • improving employee skills;
  • monitoring customer advice and the quality of the customer relationship;
  • protecting employees in the event of verbal aggression or incivility towards them;
  • experimentation with quality management and monitoring objectives, as well as conversation analysis using artificial intelligence techniques;
  • managing requests to exercise your rights;
  • the implementation of control systems, particularly in the fight against fraud and corruption.

 

Data is kept for the duration of the contractual relationship, plus any applicable statute of limitations. It is then rendered anonymous for statistical purposes.

Under the conditions laid down by law, the beneficiary has a right of access, correction, deletion, limitation, portability and opposition. They may exercise these rights, subject to providing proof of identity, by writing to the following address: IMA GIE - Legal Affairs Department – 118 avenue de Paris – 79000 Niort – dpo@ima.eu.

The beneficiary has the right to lodge a complaint with the competent personal data protection supervisory authority if they consider that the processing of their personal data constitutes a breach of the law.

Version CGV/CGU TRO-EPROTECT-220713-05

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