SPECIAL TERMS AND CONDITIONS OF SALE 

DOTVISION MOTION / MYMOTION 

Chapter 1: General information 

Article 1: Purpose 

The present Special Conditions of Sale determine the rights and obligations of the parties in connection with the sale of tracking solutions offered by the Seller DotVision Motion and supplement the DotVision General Conditions of Sale available here: https://dotvision.com/terms  

Article 2 : Special conditions 

The present Special Conditions of Sale (SCS) apply to all sales or rentals of GPS beacons and tracking services via DotVision Motion/MyMotion mobile applications, as well as services rendered by the platform to track third-party beacons, carried out through the Company’s website, which are an integral part of the Contract between the Buyer and the Seller or directly with the Seller. The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable SCS are those in force at the date of payment of the order. These SCS can be consulted on the Company’s website at the following address: CPU – DotVision/motion

The Company also ensures that their acceptance is clear and unreserved by placing a checkbox on our online store, or by validating a quotation with the words “Bon pour Accord” (“Good for Agreement”). The Customer hereby declares that he/she has read and understood all of the present Special Terms and Conditions of Sale and Special Terms and Conditions of Use, and any event-specific Special Terms and Conditions of Sale, and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs. The Customer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions. 

Article 3 : Intellectual property rights 

Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through the present CPV. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code. 

Article 4 : Force majeure 

The execution of the seller’s obligations hereunder shall be suspended in the event of a fortuitous event or force majeure which prevents performance. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.  The seller will notify the customer of the occurrence of such an event as soon as possible. 

Article 5 : Nullity and modification of the contract 

Should any of the stipulations of the present contract be null and void, this will not invalidate the other stipulations, which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement between the parties. 

Article 6 : Complaints 

If necessary, the Buyer may make any complaint by contacting the company using the Contact form on the DotVision website, specifying the order number and your full name (Contact – DotVision Motion). 

Article 7 : Personal data protection 

In accordance with the law, you have the right to question, access, modify, oppose and rectify your personal and geolocation data. Details of our personal data protection policy can be found here: Mettre le lien RGPD 

Article 8 : Limitation of liability 

DotVision shall only be liable in accordance with the law for any legal liability (pre-contractual, contractual or tortious) if DotVision has caused damage with intent or gross negligence. Apart from these cases, DotVision shall not be liable to other companies and consumers for any direct or indirect damage caused. DotVision shall not be liable to companies for consequential damages, pecuniary losses, lost profits or damages resulting from third party claims. Unless required by law, DotVision and its affiliates shall not be liable for damages resulting from the use of content made available through the use of the online platform or other misuse of the online platform or mobile applications. This also applies to damages resulting from errors, problems, viruses or loss of data. DotVision assumes no liability for downloaded material. The registered user is solely responsible for any damage caused by the application to his or her computer system, or for any information lost as a result of downloading from the platform. The registered user is solely responsible for any claims of lawsuits of any kind arising from or related to conflicts with other users. The registered user acknowledges and agrees that DotVision shall in no event be liable for any acts or omissions of the registered user. 

Article 9 : Applicable law 

All clauses contained in these Special Terms and Conditions of Sale, as well as all purchase and sale transactions referred to herein, shall be governed by French law. 

Chapter 2: Sales on the https://mymotion.dotvision.com website 

Article 1 : Online contracting 

The customer must follow a series of specific steps to complete the order. Choice of product and, if applicable, number, Acceptance of these Special Terms and Conditions of Sale, Verification of order details, Indication of essential customer data (name, e-mail address, telephone number, etc.), Follow-up of payment instructions, and payment for products. The Customer will then receive confirmation of payment by e-mail. 

In the case of an order for tracking via the DotVision application, a link for setting up the tracking will be sent by e-mail shortly after the order has been placed. 

To order GPS beacons for rental at an event, you will need to enter the race, surname, first name, race number and nationality of the beacon holder(s). The beacons will be collected according to the information transmitted after the order. In order for the order to be processed correctly, and in accordance with article 1316-1 of the French Civil Code, the Customer undertakes to provide truthful identification. The Vendor reserves the right to refuse the order, for example in the case of any abnormal request, made in bad faith or for any legitimate reason. 

Article 2 : Prices and refunds 

The prices of products and services sold through the website are indicated in Euros, all taxes included, and are precisely determined on the Product description pages. They are again indicated in euros including all taxes (with details of VAT + any other taxes) on the product order page. Within the framework of this paying service, and whatever may happen, in the event of a malfunction, the publisher DOTVISION will never be able to reimburse you for more money than you have paid. 

Article 3 : Payment 

Payment is due immediately upon ordering, including for pre-ordered products. The customer may pay by credit card (Mastercard or Visa for foreign banks). Secure online payment by credit card is carried out by our payment service provider STRIPE. Once the Customer has initiated payment, the transaction is immediately debited after verification of the information. In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his/her bank details at the time of sale, the Customer authorizes the Vendor to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately cancelled and the order cancelled. 

For certain services, a bank guarantee may be requested via our service providers Stripe, MyPos or Swikly to guarantee the correct return of the GPS beacon. We have 1 month after the scheduled return date or at the close of the event to release or cash the deposit in the event of non-return. 

Article 4 : Platform rental on a pay-per-use basis 

The MyMotion platform is rented on a pay-per-use basis for the visualization of beacon data. The platform can be rented to view DotVision beacons or to view compatible personal beacons connected to MyMotion. 

Article 5 : Application Mobile 

The essential characteristics of the application and its pricing are made available to the buyer on the company’s website. The customer certifies that he/she has received a detailed description of the methods of payment, receipt of the tracking link and instructions for the correct operation of the application. The Vendor undertakes to honor the Customer’s order within the limit of the available tracking quotas set by the Vendor for an event. The Vendor will inform the Customer of any shortfall. This contractual information is presented in detail and in the French language. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. The period of validity of the link and its price is specified on the Company’s website. Except in the case of special conditions, the rights granted hereunder are solely those of the natural person signing the order (or the holder of the e-mail address communicated). A link is valid in a single device. If the link is entered into a second device, the first device will be blocked and the data already collected in the second device will be lost. In accordance with the legal provisions governing conformity and hidden defects, the Vendor will refund or exchange the tracking link that is defective or does not correspond to the product. Refunds can be requested via the Contact form on the DotVision website, specifying the order number and your full name. 

Article 6 : Tracker reservation 

The essential characteristics of the beacon/tracker and its pricing are made available to the buyer on the company’s website. The customer confirms that he has received details of the terms of payment, delivery, collection, use, return and deposit for the beacon. The Vendor undertakes to honour the Customer’s order within the limit of available stocks set by the Vendor. In the event of failure to do so, the Vendor will inform the Customer. This contractual information is presented in detail and in the French language. In accordance with French law, they are summarized and confirmed when the order is validated. The parties agree that illustrations or photos of products offered for sale have no contractual value. Except in the case of special conditions, the rights granted hereunder are solely those of the natural person or legal entity signing the order (or the holder of the e-mail address communicated). In accordance with the legal provisions concerning conformity and hidden defects, the Vendor will refund or exchange the beacon that is defective or does not correspond to the order. Refunds can be requested via the Contact form on the DotVision website, specifying the order number and your full name. 

Article 7 : Reservation of ownership clause 

The sale of a tracking link allows the opening of a service within the DotVision application. The application remains the property of the Company even after full payment of the price. The reservation of a beacon allows its rental on an event. The beacon remains the property of the Company even after full payment of the price. 

Article 8 : Terms of delivery 

The tracking link will be delivered to the e-mail address given when the order was placed. In the event of late delivery, please check your junk mail box. The Vendor reminds you that when the customer takes possession of the tracking link in the application, the risk of losing the link is transferred to the customer. 

Beacons rented to individuals as part of an event are distributed in accordance with the terms and conditions announced when the order was placed (location, period and method of collection). 

Beacons are delivered to the organizer at the address indicated by the customer. Delivery times are given for information only and are not guaranteed. DotVision uses transport service providers and cannot be held responsible for any delay, damage or failure in the delivery of its products. We ship for delivery 48 hours before the start of the event, and any delay in delivery will not entitle the purchaser to damages or cancellation of the order. 

Beacons are returned by carrier, and it is the Buyer’s responsibility to hand over the parcel to the carrier within 2 days of the event, in the same condition as when it was delivered (free of all labels and with the barcode visible). Any delay in handing over to the carrier (the return transport note being supplied by DotVision with the tags, unless otherwise stated on the quotation) will be penalized (5% of the total amount/Day). 

Article 9 : Cancellation period 

In accordance with article L. 121-20 of the French Consumer Code, “the consumer has a period of fourteen clear days to exercise his or her right of cancellation without having to justify his or her reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods”. “The period mentioned in the previous paragraph runs from receipt for goods or acceptance of the offer for services. The right of withdrawal may be exercised by contacting the Company as follows: by using the Contact form on our website, specifying the order number and your full name. To request this retraction, the service must not have been used. If the right of withdrawal is exercised within the aforementioned period, only the price of the product/service purchased will be reimbursed. 

Article 10 : Guarantees 

In accordance with the law, the Vendor assumes the following guarantee: validity of the link transmitted. The Vendor will refund the purchaser or exchange the link which appears to be non-functional or does not correspond to the order placed. Requests for refunds should be made as follows: Request via the Contact form, specifying the order number and your full name. DotVision does not guarantee that the https://mymotion.dotvision.com platform will be available at all times, nor that the necessary hardware and software will be completely error-free. DotVision does not guarantee that the transmission of data via other systems, in particular the Internet and telecommunication networks, is not tracked, recorded or distorted by third parties. The user uses DotVision’s services exclusively at his or her own risk. This applies, without limitation, to the related use of any hardware, including, but not limited to, the smartphone. Any use of data created or provided by DotVision, including, but not limited to, measured details of altitude, or distance, may contain approximations or errors and DotVision assumes no responsibility for the accuracy of such data, to the extent permitted by law. DotVision is not responsible for verification and network coverage at the event site. 

Article 11 : Rights 

The data collected during the event is stored and accessible for one year following the event. The customer accepts that Dotvision may cite the event in its list of references. 

Article 12 : Visibility 

The customer must ensure the legibility of the Dotvision brand on all relevant media (website, press release, etc.). When reference is made to live race tracking, the customer must associate Dotvision with the terms used, for example “Suivi GPS Dotvision”, “Suivi live Dotvision”, “Tracking GPS Dotvision”… 

Article 13 : Responsibility 

The customer acknowledges that live tracking is subject to the constraints of GPS, GPRS, Irridium and GlobalStar technologies. Dotvision cannot be held responsible for erroneous data (due to poor GPS reception conditions), or missing data (due to poor network coverage). The customer is aware of Dotvision’s obligation of means. 

Article 14 : Abroad 

If you use our system abroad, additional communication charges may apply. 

Chapitre 3 : Sale concluded directly with the seller 

Article 1 : Contracting 

In the case of a service concluded directly between the Vendor and the Purchaser without going through DotVision’s website, the validation of the quotation, the signature of the quotation with the mention “Good for agreement” returned to DotVision or the payment of the deposit before the event, are valid as validation of these Special Conditions of Sale. 

Article 2 : Payment 

Case 1: Short-term rental. Payment is made in 2 instalments: a 30% deposit paid when reserving the GPS (non-refundable), and payment of the balance on receipt of the invoice after the event. Payment can be made by bank transfer or cheque. Quantity adjustments (downwards) to the initial quote are authorized up to one month before the event. After that, adjustments may only be made up to a maximum of 5%.  

Case 2: Specific project. Terms of payment are defined in the service offer specific to the customer’s project. 

Case 3: Sale of equipment. Payment is made in 2 instalments: a 30% deposit paid when reserving the GPS (non-refundable), and payment of the balance on receipt of the invoice with the goods. DotVision retains ownership of the beacon sold until full payment has been received. In the event of the buyer’s insolvency, DotVision reserves the right to reclaim any goods sold and not paid for under the insolvency proceedings. 

Article 3 : Delivery 

For all services where Dotvision will not be travelling, the shipment of the equipment will be scheduled for delivery to the customer’s premises at the latest 1 day before the start of the event. After the event, the customer must ensure that the equipment is returned to Dotvision within a maximum of 3 days. Any delay beyond this period will be subject to a penalty of 5% of the total contract amount. Shipping and return costs are at the customer’s expense. 

Article 4 : System set-up 

To access the https://mymotion.dotvision.com/ platform at the race site, the customer must provide high-speed Internet access. The customer is responsible for on-site GPS logistics: handling, distribution, collection, recharging, etc., and must therefore provide the human resources needed to accomplish these tasks. If on-site support (optional) is not included in the contract, the customer must appoint a person responsible for follow-up within the organization. This person will be Dotvision’s point of contact before, during and after the event, to ensure that GPS tracking runs smoothly. 

Article 5 : Provision of equipment 

All equipment provided by Dotvision must be used with care and maintained. Particular attention will be paid to cleaning the equipment after each event, as well as to the GPS trackers (6h minimum) for optimal use by the customer. Any equipment lost by the customer will be invoiced at the following rates (excl. VAT): Tracker: 150 euros / External battery: 50 euros / Charger: 30 euros / Aquapac: 30 euros Smartphones available for hire can only be used to access the Dotvision application and call Dotvision numbers. Any other use will be billed. 

Article 6 : Equipment insurance 

Obligatory insurance is included in the DotVision equipment rental service and covers all risks of damage to the equipment provided by DotVision. The cost of the insurance is €2.50 (excl. VAT) per tracker. This insurance does not cover the loss of a tracker (the customer is invoiced €150 for the tracker + €5 for the SIM card). 

Article 7 : Equipment warranties 

DotVision Motion GPS trackers are guaranteed for 1 year from the date of purchase. 

Article 8 : After-sales service 

In the event of equipment malfunction, telephone assistance is available to diagnose the problem encountered by the customer. Either the problem will be quickly solved during the telephone assistance, or the material will have to be returned to DotVision at the address indicated below and the sending of a new material will be organized by DotVision under 48 hours if no safety stock is available on the site of the customer. DotVision will pay the shipping costs. 

Article 9 : Return of equipment 

The customer must check the condition of the equipment after each use: external inspection of the equipment, cleanliness, good working order. Beacons must be returned cleaned of all Zip pockets, participant labels, and barcoded in the shipping boxes. When a DotVision trunk is made available, it must be resealed with the seals provided, and the packing slip must be glued in place of the old one in the box provided. DotVision reserves the right to charge a cleaning fee of up to 50€ht/lot of 100 trackers. 

Article 10 : Rights 

The data collected during the event is stored and accessible for one year following the event. The customer accepts that Dotvision may mention the event in its list of references. 

Article 11 : Visibility 

The customer must ensure the legibility of the Dotvision brand on relevant media (website, press release, etc.). When reference is made to live race tracking, the customer must associate Dotvision with the terms used, for example “Suivi GPS Dotvision”, “Suivi live Dotvision”, “Tracking GPS Dotvision”… 

Article 12 : Liability 

The customer acknowledges that live tracking is subject to the constraints of GPS, GPRS, Irridium and GlobalStar technologies. Dotvision cannot be held responsible for erroneous data (due to poor GPS reception conditions), or missing data (due to poor network coverage). The customer is aware of Dotvision’s obligation of means. 

Article 12 : Foreign countries – Outside of France. 

In the case of use of our system abroad, additional communication charges may be invoiced.