The present General Terms and Conditions of Sale (hereinafter "the GTCS") set out below define the rights and obligations between:
Hereinafter collectively referred to as the "Parties" and individually as the "Party",
As part of the sale on the www.idicare.com (hereinafter referred to as "the Site") of a "Seniors" telephone and GPS watch, a telephone subscription (hereinafter referred to as "the IDICARE Subscription") enabling the Customer to make calls with the watch, track position with the GPS, and access real-time geolocation services via the IDICARE WEB Platform or the IDICARE Android or IOS Mobile Application and use the associated services (hereinafter "the IDICARE Watches, Accessories, Services or Subscriptions") for the duration of the agreement (hereinafter "the Contract").
Any service provided by IDICARE implies the Customer’s unreserved acceptance of the GCS.
1.1. The Site is open to all users of the Internet network and is in principle accessible 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by the Company or its service providers, for the purposes of maintenance or in the event of force majeure.
The Company shall not be held liable for any damage whatsoever resulting from the unavailability of the Site or the Web platform.
1.2. The Company does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this respect, it may freely determine any period of unavailability of the Site or its content.
2.1. The purchase of IDICARE Watches, Accessories, Services or Subscriptions requires prior registration by the Customer on the Site.
2.2. The Customer is responsible for verifying the completeness and accuracy of the information provided to the Company at the time of subscription.
2.3. The Company shall not be held responsible for any data entry errors and the consequences thereof, particularly with regard to the Customer’s delivery address.
2.4. The Customer undertakes to provide his contact details (surname, first name, Customer number) to the Company in all correspondence in order to facilitate the authentication and processing of his requests. Any incomplete request cannot be taken into account or processed by the Company.
3.1. IDICARE Watches, Accessories, Services or Subscriptions are available for purchase on the Site.
3.2. The prices of IDICARE Watches, Accessories, Services or Subscriptions, as well as delivery charges, are those that appear regularly on the Site. The prices of IDICARE Watches, Accessories, Services or Subscriptions do not include VAT.
3.3. The prices of IDICARE Watches, Accessories, Services or Subscriptions and delivery charges are subject to change at any time, but changes will not affect Orders validated by the Customer prior to the price change. An email notification will be sent to the Customer for approval in the event of a price change or modification of the GCS.
3.4. The Customer may select as many IDICARE Watches, Accessories, Services or Subscriptions as he or she wishes to add to the digital shopping basket ("Basket").
3.5. The Shopping Cart summarizes the IDICARE Watches, Accessories, Services or Subscriptions chosen by the Customer, as well as the shipping costs applicable to the Order. The Customer is free to modify the Shopping Cart before validating the Order.
Validation of the Order implies acceptance by the Customer of the price of the IDICARE Watches, Accessories, Services or Subscriptions, as well as the shipping costs.
An Order confirmation will be sent by the Company to the Customer at the e-mail address given by the Customer when registering on the Site.
3.6. Payment for IDICARE Watches, Accessories, Services or Subscriptions (hereinafter referred to as "Payment") must be made by credit card or Paypal. Upon receipt of Payment, the Company will send the Customer an Order confirmation. Failure by the Company to receive the Payment within 5 working days will result in the cancellation of the Order and the cancellation of the delivery of the products (hereinafter "the Delivery") as well as the cancellation of the services offered by IDICARE.
Notification of cancellation of an Order for non-payment will be sent to the Customer by the Company to the e-mail address given by the Customer when registering on the Site.
3.7. The Company will deliver the IDICARE Watches, Accessories, Services or Subscriptions within a maximum period of 2 months, which IDICARE undertakes to respect.
If IDICARE fails to deliver the IDICARE Watches, Accessories, Services or Subscriptions, the Customer may terminate the Contract by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having requested IDICARE, under the same terms, to make delivery within a reasonable additional period, the latter has not complied within this period.
The Contract is considered to be terminated upon receipt by IDICARE of the letter or writing informing it of such termination, unless IDICARE has performed in the meantime.
4.1. Watches and Accessories are available for as long as they are advertised on the Site.
4.2. In the event of loss or theft of the Watch after delivery, the Customer undertakes to inform the Company immediately by registered letter with acknowledgement of receipt, together with a copy of the police report. The Company will then proceed as quickly as possible to suspend the line (GSM telephone subscription) from which the Customer’s product benefits.
Subscription fees remain payable by the Customer to the Company until the end of the current Subscription.
4.3. Upon receipt of payment of the sale price of the new or replacement Watch, which will be invoiced to the Customer at its sale price before dispatch, the Company will proceed with the replacement of the Watch and the activation of a new GSM line.
4.4. The Company shall not be held liable for the consequences of an inaccurate declaration or one made by a third party who has assumed the Customer’s identity.
In accordance with article L. 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days in which to exercise his right of withdrawal, without having to justify his decision.
This withdrawal period runs from the day of receipt of IDICARE Watches, Accessories, Services or Subscriptions by the Customer or a third party, other than the carrier, designated by the Customer.
In the case of an order for several IDICARE Products delivered separately, the period runs from receipt of the last Product.
To this end, the Customer must send, within the period indicated above, a registered letter with acknowledgement of receipt, using the form available on the www.IDICARE.com website (under the heading "right of withdrawal") or the model attached hereto, to the following address: geral@idicare.com
In the event of the return of Watches or Accessories that do not comply with the return conditions (damaged or non-functional Product, missing instructions, missing Accessories, etc.), the refund cannot be made and the Company will send a notification email to the Customer. In this case, only the Services and Subscriptions will be refunded.
The Customer may only be held liable in the event of depreciation of the Watches or Accessories resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these Products.
IDICARE undertakes to reimburse the Customer who has exercised his right of withdrawal within fourteen (14) days from the date on which it became aware of the Customer’s wish to withdraw.
The Customer returns or restitutes the Products and Accessories to IDICARE or to a person designated by IDICARE, without undue delay and, at the latest, within fourteen (14) days of communicating his/her decision to withdraw, unless IDICARE offers to collect the Products itself.
The Customer will not incur any costs other than :
When the right of withdrawal is exercised, IDICARE will reimburse the Customer for all sums paid, including delivery costs, without undue delay and no later than fourteen (14) days from the date on which IDICARE is informed of the Customer’s decision to withdraw.
Unless IDICARE offers to collect the Products itself, IDICARE may defer reimbursement until the Products have been collected or until the Customer has provided proof of shipment of the Products, whichever comes first.
IDICARE will make this refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the Customer.
6.1. IDICARE WATCH TELEPHONES AND GPS are associated with a GSM mobile telephone subscription taken out by the Customer and held solely by IDICARE.
6.2. Watches can only be used if the Customer subscribes to one of the Subscription formulas described on the Site.
6.3. In order to use IDICARE Watches, Accessories, Services or Subscriptions, the Customer must activate them on the Site within 30 days of receiving the Watch.
Failing activation within this period, IDICARE Watches, Accessories, Services or Subscriptions will no longer be usable or accessible to the Customer, who must then contact the Company’s customer service department in order to reactivate them free of charge.
The account and identifiers allocated by the Company to the Customer are strictly personal and confidential. The Customer is solely responsible for their safekeeping and disclosure.
IDICARE recommends that the Customer does not divulge his/her codes and identifiers to any third party.
6.4. The Customer is hereby informed that Service activation times are closely dependent on the diligence of mobile telephone operators, and the Company is therefore unable to guarantee any delay in this respect.
6.5. Regardless of the Subscription formula chosen, the Customer will receive, in addition to the Watch, a SIM card, with an assigned telephone number, enabling telephone calls to be made between the Watch and Mobile telephones, as well as data transfer between the Watch and the Company’s computer servers. The SIM card issued to the Customer remains the property of the Company for the duration of the Subscription. The Customer may not copy, sell, transfer, rent, destroy, damage or use the SIM card in any other device for the duration of the Subscription.
6.6. The SIM card will be suspended by the Company 30 days after the end of the Subscription and deactivated 60 days after the end of the Subscription. Once the SIM card has been deactivated, it is no longer possible to use the Watch.
7.1. The Subscription comes into force on the day the Customer registers his product on the Site Platform, subject to IDICARE’s full payment of the price of the product and the related Subscription.
7.2. The "teleassistance" Subscription includes the H24 7d/7 teleassistance service provided by our partner services.
Any fraudulent use of the SIM card in a device other than the IDICARE Watch will result in the immediate termination of all IDICARE Services or Subscriptions. Any additional costs incurred as a result will be borne by the Customer.
All charges related to calls or data or SMS sent to numbers other than those pre-registered in the watch will be charged to the Customer.
The SIM card is blocked for use outside France to avoid any excess roaming charges.
7.3. The Customer chooses the desired Subscription package when purchasing a Watch on the Site, or when choosing a Subscription package on the Site, or after purchasing a product on the Site via the Services page.
7.4. Subscriptions are concluded for a period of 1 month from product activation, renewable by tacit agreement unless terminated in writing by registered letter with acknowledgement of receipt by one of the Parties at least 1 month before the end of the current period.
Artigo L215-1 do Código do Consumidor:
For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider informs the consumer in writing, by dedicated letter or e-mail, no earlier than three months and no later than one month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear, comprehensible terms, mentions the non-renewal deadline in a visible box.
Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial contract to a fixed-term contract, are in this case reimbursed within thirty days of the termination date, after deduction of sums corresponding, up to that date, to the performance of the contract.
The provisions of this article apply without prejudice to those which by law subject certain contracts to special rules regarding consumer information.
Artigo L215-3 do Código do Consumidor:
The provisions of this chapter also apply to contracts concluded between professionals and non-professionals.
Artigo L241-3 do Código do Consumidor:
Where the professional has not made repayment in accordance with the conditions laid down in article L215-1, the sums due shall bear interest at the legal rate. where the professional has not made repayment in accordance with the conditions laid down in article L215-1, the sums due shall bear interest at the legal rate.
7.5. As an exception to the foregoing, the Customer may terminate the Subscription at any time for one of the following duly proven legitimate reasons:
7.6. Termination by the Customer of the electronic communications services contract, including in the event of tacit renewal, must be effected by registered letter with acknowledgement of receipt addressed to the Company, accompanied by the Watch and all its related Accessories (including the SIM Card), at IDICARE, 37 rue des Acacias 75017 PARIS.
This notice period may not exceed ten days from receipt by IDICARE of the termination request. The Customer may, however, request that termination take effect more than ten days after receipt by IDICARE of the termination request.
7.7. Any request for cancellation by the Customer must include at least the following criteria: surname, first name and IMEI identifier of the Watch. Any incomplete cancellation request will not be considered by the Company. The Customer may decide to cancel his Subscription cancellation request by simply calling the Company’s customer service department.
7.8. As an exception to the foregoing, the Company may terminate Subscriptions immediately and without notice, in the event of serious or repeated failure by the Customer to meet its obligations under these GTS, in the event of non-payment of its Subscription, regardless of the Subscription formula chosen, or in the event of a request by the competent administrative or legal authorities.
7.9. The balance of the Subscription fees due up to the end of the current contractual period is owed in full by the Customer to the Company and becomes immediately payable.
8.1. Watches are guaranteed for 2 years by the manufacturer. This warranty applies in the event of failure of the Watch, not caused by a fall or breakage, or non-conforming use, and as long as the Customer holds a Subscription and is up to date with his payments.
8.2. The Company guarantees at all times, for the duration of the Subscription, to replace the defective Watch in the event of a breakdown. The replacement will take place within eight days of the date on which the Customer returns the Watch and its SIM card, at his or her own expense and in sufficiently protective packaging. This guarantee is applicable in the event of failure of the Watch, not caused by dropping or breaking, or improper use, and as long as the Customer holds a Subscription and is up to date with payments.
8.3. IDICARE delivers IDICARE Watches, Accessories, Services or Subscriptions in conformity with the Contract and is liable for any defects in conformity existing at the time of delivery.
IDICARE is also liable for defects in conformity resulting from packaging and installation instructions.
IDICARE reminds you that a Product conforms to the Contract:
9.1. The Customer undertakes to comply with all instructions relating to the configuration and use of the Watch and to refer to the user guide delivered with the Watch. The Customer shall be solely responsible for any incorrect configuration or misuse of the Watch. Where necessary, documentation on the Watch is available on the Site.
9.2. Under no circumstances may the Customer damage the physical, electromagnetic or electronic integrity of the Watch, nor allow those around him or his children to do so. The risks associated with the possession and use of the Watch are transferred to the Customer upon receipt of the Watch
9.3. The Senior Watch is not a substitute for the emergency services.
9.4. In the event that the Company sends the Customer, at the latter’s request, a new Watch in order to remedy a malfunction of the initial Watch, the Company will send the second Watch after receipt of the initial Watch and verification by its services of the condition of the Watch and the conditions for validation of the manufacturer’s warranty. The customer must first contact customer service to obtain a return slip number. The exchange will be free of charge for the Customer, subject to validation of the warranty conditions by the Company.
9.5. In the event of the return of Watches which do not comply with the return conditions, or of the deterioration of the Watch by the Customer, the free replacement of the Watch cannot be carried out and the Company will send a notification e-mail to the Customer. Upon receipt of payment for the new replacement Watch, which will be invoiced to the Customer before dispatch, the Company will proceed with the replacement of the damaged Watch.
9.6. The Customer agrees to receive invoices in electronic format only at the e-mail address provided during registration.
9.7. The Customer undertakes to be up to date with its financial obligations to the Company, in accordance with the Subscription rates available on the Site. The Customer undertakes to check his e-mail and the Customer Area regularly for any new messages and information from the Company.
9.8. Any proposed modification to the contractual conditions for the supply of an electronic communications service is communicated by IDICARE Customer in writing or on another durable medium available to the latter at least one month before it comes into force, together with information to the effect that the Customer may, until he has expressly accepted the new conditions, terminate the contract without penalty and without right to compensation, until four months after the modification comes into force.
9.9. The Company reserves the right to suspend the Subscription and the Services or to deactivate the Watch in the event of a payment incident not remedied by the Customer.
Non-compliance by the Customer with the obligations subscribed to under the terms of the GCS, any payment incident relating to the payment of the price of an IDICARE Product, Accessory, Service or Subscription, any actions contrary to morality and public order or to the reputation and image of the Company, the provision of false information when creating an account, may result in suspension of access to the Company’s Services and Subscriptions, or even termination of the Contract and its Subscriptions, depending on the seriousness of the actions in question, without the Company being entitled to claim any damages or compensation whatsoever. The Company reserves the right to refuse any order from a Customer with whom such a dispute exists, even if the Customer uses a new account.
11.1. The Company offers a service for the supply of Watches, Subscriptions and Services, but is in no way the designer or manufacturer of the Watches. As a result, the Company may not under any circumstances be held liable for any damage suffered by the Customer in connection with the use of the Watch, including any damage not resulting exclusively and directly from a direct fault of the Company.
11.2. Due to the technological limitations of cell towers and GPS satellite signals, the Company cannot guarantee that the GPS device will operate 100 percent of the time, 7/7 and 24/24. Cellular towers and GPS satellite connections may experience downtime, interruptions or dead spots. The Watch, the Application or the SIM card may be subject to unexpected breakdowns or network limitations beyond the control of IDICARE, which uses them on behalf of its Customers.
11.3. The Customer confirms that he/she understands the limitations of the technology and cannot hold the Company responsible for network limitations or GPS location malfunctions. Furthermore, the Company is unable to provide any information other than the GPS position of the Watch, and cannot guarantee the identity of the person on whom the Watch is carried.
11.4. The Customer declares that he/she is aware that, as the GSM/GPRS network of mobile telephone operators and the GPS network are currently being deployed, it is possible that certain areas of France may not be covered by these networks, and that access to the service may be disrupted in such areas. If the Customer is located in an area that is not covered by the network on a permanent or lasting basis, thus rendering the Services inapplicable, he/she must contact the Company’s customer service department as soon as possible in order to obtain reimbursement of the Watch and cancellation of the Subscriptions.
11.5. IDICARE undertakes to ensure the proper functioning of the IDICARE Watch service and to take the necessary measures to maintain the continuity and quality of the Services. It is expressly agreed that the operation of the IDICARE Watch service is based in particular on technologies developed and operated by third parties over whom IDICARE has no means of intervention (in particular network coverage and operation of the infrastructures of third parties providing a mobile telephone communication service - GSM). The Customer is therefore duly informed that IDICARE provides its services on a best-efforts basis. In addition, repairs or maintenance work on its computer servers and/or on the operators’ networks may cause IDICARE to suspend the service without entitling the Customer to compensation. Insofar as possible, IDICARE will inform the Customer in advance of any planned suspensions. In the current state of technology, the location service remains subject to the technical conditions of coverage and access to GPS coverage, i.e. the vision of at least 3 satellites, and full sky exposure of the reception antenna, or the provision of a position by the telecom operator. GPS geolocation is generally not possible if the mobile security system is located in a building, basement, tunnel or enclosed, covered area.
11.6. IDICARE may not be held liable if the failure of the Watch service or the Watch results from one of the following events:
11.7. In this context, IDICARE is only liable for direct, personal and certain damages related to the failure in question, to the express exclusion of compensation for all indirect damages and/or prejudice. It is expressly agreed between IDICARE and the Customer that indirect damages are those which do not result directly and exclusively from IDICARE’s non-performance of a contractual obligation. In any event, the Company’s liability for all Subscriptions shall not exceed the amount of the sums (exclusive of VAT) actually paid by the Customer to IDICARE over the last 12 months.
11.8. IDICARE may not be held liable for any failure to perform in the event of force majeure. The Company and the Customer expressly consider as cases of force majeure the events considered by the jurisprudence of the French courts and tribunals as being irresistible, unforeseeable and beyond the control of the Parties, as well as the following events: fires, water damage, natural disasters, storms, lightning, strikes, floods, earthquakes, attacks, explosions, wars, military operations or civil unrest, blockages of means of transport or supply, stoppage of energy supply, any legislative or regulatory restriction on the supply of IDICARE Watches, Accessories, Services or Subscriptions, any decision by a public authority not attributable to the Company and preventing the supply of IDICARE Watches, Accessories, Services or Subscriptions.
11.9. Furthermore, the use of the Watch does not in any way exempt the Customer from scrupulous compliance with the law.
11.10. The Company shall not be held liable for any loss of data that may occur during use of the Site or the Application and/or the impossibility of accessing or using the latter.
11.11. In addition, the Site may contain advertising, promotional, commercial or sponsorship links and visuals to third-party websites or independent service providers. The Company is not responsible for the content of such third parties or third-party sites, nor does it guarantee their accuracy, validity, quality or integrity, particularly in the case of transactions carried out directly between the Customer and a third-party reseller or service provider independent of the Company.
11.12. Similarly, the Company shall not be liable for any connection costs, and in general, any communication costs incurred by the Customer in accessing and using the Site.
12.1. The Company is the exclusive owner of the intellectual property rights relating to the Watch and its Accessories, Services and Subscriptions. IDICARE is a registered trademark owned by IDICARE. No stipulation of the present General Terms and Conditions of Sale may be interpreted as operating any transfer of intellectual property rights on this sign to the benefit of the Customer or any other user.
12.2. Use of the software embedded in the Watch or the Application available on the Apple Store or Google Play is subject to the Customer’s acceptance of the following conditions:
12.3. The Company may remotely update the software embedded in the Watch.
12.4. In general, IDICARE reserves the right, at its sole discretion, to change the technical specifications of the Watch, the Application and IDICARE Services, as well as the communication technology used for the Watch Service, at its sole expense. Such changes may not be invoked by the Customer as grounds for terminating these GTC.
13.1. Customer data is subject to a double declaration and a commitment of compliance with the CNIL:
13.2. The Customer can access the location data in his Customer Area.
13.3. In accordance with Articles 39 et seq. of the French Data Protection Act no. 78-17 of January 6, 1978, any person may obtain access to and, where applicable, rectification or deletion of information concerning him or her, by sending a letter with proof of identity to the following address: IDICARE 37 rue des Acacias 75017 PARIS
13.4. The Customer undertakes to use the Watches, Subscriptions and Services for the purposes of geolocation of his parents or members of his family ("Senior" Watch).
13.5. The Customer’s use of Watches, Subscriptions and Services to locate other persons shall incur his own and exclusive liability.
13.6. The Customer must then have informed the individuals concerned of the existence and purpose of the geolocation Service. The Customer is solely responsible for complying with current and future regulations relating to the technical devices used to carry out geolocation or remote control, and must, where applicable, make the appropriate declaration to the CNIL (www.cnil.fr). According to a CNIL recommendation, such use can only be made with the written consent of the user. Users must be able to withdraw their consent at any time.
13.7. Prohibition on the use of data from Watches, Subscriptions and Services for applications likely to infringe privacy as described by the CNIL (www.cnil.fr).
13.8. IDICARE draws the Customer’s attention to the fact that the data collected must be adequate, relevant and not excessive in relation to the purposes for which it is recorded and that this data must only be kept for a period which does not exceed that necessary for the purposes for which it is used.
14.1. The fact that one of the Parties does not avail itself of a commitment by the other Party to any of the obligations referred to herein (or of its breach), shall not be interpreted for the future as a waiver of the obligation in question (or to avail itself of the breach in question).
14.2. Should any provision of the GTC be declared null and void, inapplicable or ineffective, or be deemed unwritten, this shall not affect the validity of the other provisions or clauses, which shall retain their full force and scope. All cases of use not provided for in the GTCS will be decided by IDICARE.
14.3. IDICARE reserves the right to subcontract all or part of the Services and Subscriptions or to transfer its activity to a third party without this subcontracting or transfer requiring the Customer’s prior agreement, which the Customer expressly acknowledges.
In accordance with Articles L.611-1 et seq. and R.612-1 et seq. of the French Consumer Code, the Customer may have recourse to a consumer mediator free of charge, provided that he can prove that he has first tried to resolve the dispute amicably with IDICARE and that he has referred the matter to the competent mediator within a maximum period of twelve (12) months from the date of the written complaint sent to IDICARE.
Failing amicable settlement, the dispute will be referred by the most diligent Party to the competent French courts.
The GCS are written in French and translated into other languages. In the event of any discrepancy, the French version shall prevail.
The GCS are governed by the law of the state of France.