TERMS AND CONDITIONS

Applicable to all orders of McLloyd Sport Tracker v4 (STv4) as of January 2, 2017

MAC LLOYD is a simplified joint-stock company with a capital of € 24,512 registered in the Paris Trade and Companies Register under number 790 862 544, whose registered office is located at 154 boulevard Macdonald, 75019 Paris, France. Unless otherwise agreed between the parties, any rental of a product from MAC LLOYD implies that the lessee accepts these terms and conditions of rental. MAC LLOYD reserves the right to modify these general rental conditions at any time. The general rental conditions applicable are those in force on the date of signature of the lease by the lessee and attached to the latter.

 

ARTICLE 1: SUBSCRIPTION TO THE RENTAL AGREEMENT

1.1. The MAC LLOYD products (“Products”) rented are those offered on the mclloyd.com website (“Site”).

1.2. Any order implies full and unreserved acceptance by the user of the Contract. To place an order remotely, the user must have a valid email address required to receive confirmation of his order sent by email. The user accepts and acknowledges that the validation by him of his order on line shows the proof of his consent to said order.

1.3. The non-transmission of data related to the order prevents the realization and analysis of the transaction of the user. The occurrence of an unpaid due to the fraudulent use of a credit card or other means of payment will result in the registration of contact details related to the order associated with this unpaid within an incident payment file . An irregular declaration or an anomaly may also be the subject of a specific treatment. The user is informed that the failure or refusal to transmit the requested items (eg the delivery address) will prevent MAC LLOYD from granting a guarantee on the transaction concerned.

 

ARTICLE 2. WITHDRAWAL RIGHTS

2.1. As part of a remote control, the user has 14 days from receipt of the Products to exercise his right of withdrawal. To exercise the right of withdrawal, the user must notify his decision to withdraw before the expiry of the aforementioned period, by means of an unambiguous declaration, for example by using the withdrawal form attached, to the address Next: MAC LLOYD, Millau Viaduc Business Park 1. 233 Boulevard de Roullens, workshop n ° 3 12100 Millau. The user must return the Products, in a state of a new marketing, in its original packaging accompanied by all its accessories, instructions and documentation to the same address, without undue delay, and in any case, at most 14 days after the communication of the withdrawal decision. This period is considered respected if the user returns the Products before the expiry of the period of 14 days. In the absence of restitution, MAC LLOYD will begin to bill the user in the terms provided for in the subscription contract. The direct costs of return are the responsibility of the user. The responsibility of the user is engaged only with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of the Product. MAC LLOYD will refund all amounts paid by the user under the order, including delivery charges, no later than 14 days from the date on which MAC LLOYD is informed of the decision of the user to retract, using the same means of payment that the user will have used for the initial transaction, unless the user expressly agrees a different way.

2.2. This right of withdrawal can not be exercised when the Product has been made according to the particular specifications desired by the user (presence of a personalized registration or a technical specificity for example).

 

ARTICLE 3. USE OF PRODUCTS

3.1. The lessee is prohibited from assigning, pledging or using the product as a guarantee, notwithstanding the fact that the risks are transferred to the lessee upon delivery of the goods, after unloading.

The lessee undertakes not to grant any other right in respect of the rented property for the benefit of any person and likely to affect the availability or full ownership of MAC LLOYD.

The lessee will ensure that product identification is always possible.

The lessee undertakes to inform any third party of the existence of this clause. The lessee shall ensure that the identification of the products is always possible.

The lessee undertakes to inform any third party of the existence of this retention of title clause concerning the products, particularly in case of seizure.

Failure to pay any of the due dates or amounts due to MAC LLOYD within the specified time period may result in the claim of some or all of the proceeds up to the amount due to MAC LLOYD that they are expired or due.

The user will be the guardian of the Products within the meaning of Article 1242 of the Civil Code from the delivery of the Products until its delivery to MAC LLOYD. He undertakes to keep the products for the duration of the Contract and to take the necessary care.

3.2. Throughout the duration of the Contract, the user agrees to use the products in accordance with its intended purpose, the normally expected use of such equipment and to read the technical documentation and specifications of the manufacturer. provision with the products.

Conditions of handling, storage, transportation and use :

3.2.1 The lessee declares that he is competent to use the product which he undertakes to use through his duly qualified, trained and authorized personnel.

3.2.2 The lessee shall refrain from any modification, development or transformation of the product.

3.2.3 The conditions of handling, storage, transportation and use of the product are specified in the data sheet provided by MAC LLOYD.

In particular, it is stated in the technical sheet that:

– the product must be stored in a non-humid room, whose temperature is between 10 and 40 ° C;

– the boxes are loaded in the briefcase provided by MAC LLOYD. The lessee must open the case when charging the boxes;

– the cardio tank tops must be washed without detergent at a maximum temperature of 40 ° C. Cardio tank tops should not be tumble dried;

– the cardio tank tops must be transported in a separate bag. Cases must be transported in the case provided by MAC LLOYD.

3.2.4 The lessee is obliged to protect the product against degradation and to maintain it if necessary in accordance with MAC LLOYD standards. Given the technical nature of the product, the lessee acknowledges that only MAC LLOYD will be able to carry out any repairs in case of damage noted on the product during the rental, or after the return of the product by the lessee.

3.3. In case of breakdown of the products, the user will inform MAC LLOYD without delay by telephone or with the email address contact@mac-lloyd.com and will return the products by parcel post, under packing providing an appropriate protection, to the address and according to the modalities indicated to him. In the event of breakdown resulting from a vice inherent to the Products or a case of force majeure, MAC LLOYD repairs or exchange (device of identical model or, if this apparatus is no more commercialized or available, an equivalent apparatus having characteristics similar techniques) defective products during the term of the Contract. In the event of a breakdown that does not result from an inherent defect in the products or a case of force majeure, the cost of repairing the Product, after an estimate accepted by the user, will be billed to the user; the rejection of the quote will result in the immediate termination of the Contract by the user. The maintenance of the Products is carried out exclusively by MAC LLOYD, or by any provider of its choice.

3.4. In case of disappearance or theft of the Products, the user undertakes to inform MAC LLOYD. The user undertakes to make a declaration to the competent authorities in case of theft and to send a copy to MAC LLOYD. This notification of disappearance or theft to MAC LLOYD will result in the termination of the Contract by the user.

3.5 Installation

In connection with the subscription to the “Support +” option at the price indicated on the Site, MAC LLOYD will proceed or have it proceed by any person of its choice, upon delivery or on the date agreed between the Parties, at the installation. product at the lessee.

It is recalled that, for the use of the product, the taker must have a computer equipped with a Mac operating system (macOS 10.12 or newer) or PC (Windows 10 Redstone 1 or newer).

An initial training lasting approximately (5) hours maximum will be carried out by MAC LLOYD for the purpose of demonstrating the use of the product. Additional training of a duration of approximately five (5) hours maximum may be provided at the request of the lessee.

If the policyholder has not subscribed to the “Support +” option, a similar service will be provided remotely by a product expert designated by MAC LLOYD. The “Team viewer” remote control software must be installed on the lessee’s computer to allow MAC LLOYD to process this assistance.

3.6 Assistance

MAC LLOYD provides the taker free remote technical assistance regarding the product, available from 9am to 18pm from Monday to Saturday for a period of one (1) year from the delivery of the product to the address contact @ mac -lloyd.com.

In the context where the customer has subscribed to the paid option “Support +”, an expert appointed by MAC LLOYD may be required to intervene on site for this assistance within reasonable time.

3.7 Malfunction

In case of malfunction of the product, the lessee must report this malfunction via the “alert” option of the software. The “Team viewer” remote control software must be installed on the lessee’s computer to allow MAC LLOYD to process this assistance.

 

ARTICLE 4: LIABILITY / INSURANCE

4.1 MAC LLOYD can not be held responsible towards the taker of the consequences of a malfunction of the rented product, which would not be due to a lack of conformity existing at the time of the provision of the latter or to a hidden defect .

Unless otherwise stated, MAC LLOYD’s liability shall be limited to the amount of the lease, to the exclusion of any other compensation, in particular due to the immaterial or indirect damages that may be suffered by the lessee (such as the loss of exploitation, missed earnings, …).

MAC LLOYD can also be responsible for losses, theft or damage caused to any property of the lessee or any third party during the conservation of the products until its return.

MAC LLOYD can not be held responsible for damage resulting from bad conditions or abnormal conditions of handling, storage, transport or use of the product by the lessee.

4.2 The lessee is responsible for the use of the product and for the damage suffered by this product, excluding the harmful consequences of its hidden defects as soon as the lessee furnishes proof of these defects. He assumes responsibility for the financial consequences of this damage.

4.3 The lessee undertakes to take all the necessary insurance to cover the damage suffered and caused by and to all the elements making up the product. The policyholder must hold third-party liability insurance to cover third-party damages when using the product.

4.4 MAC LLOYD is insured for its professional liability with Gan Assurances.

 

ARTICLE 5: DECLARATION IN CASE OF LOSS

5.1 The lessee undertakes to inform MAC LLOYD in the event of an incident of any nature whatsoever, as soon as he becomes aware of it and to send him his written declaration of loss no later than forty-eight ( 48) hours from the knowledge of the incident. The latter must mention in particular the circumstances of the incident (date, place, etc.).

5.2 In the event of theft of the product, he must make a declaration to the competent authorities mentioning the identification of the product and the circumstances of the flight, within forty-eight (48) hours of the discovery of the flight, and transmit in the same delay to MAC LLOYD all the documents relating thereto. If necessary, the lessee must send to MAC LLOYD upon receipt any additional document or document sent or served.

5.3 The lessee undertakes to inform MAC LLOYD of any transaction or negotiation with a third party relating to a claim that has damaged the product so that MAC LLOYD may if necessary safeguard or assert its rights.

 

ARTICLE 6. FINANCIAL CONDITIONS

6.1. The amount of the rent and the initial payment are those appearing on the online store present on the website mclloyd.com at the time of subscription to the subscription. These amounts are expressed in euros, excluding tax and all taxes included.

6.2. Rents owed by the user under the Contract are invoiced monthly. When subscribing to the Agreement, the user expressly authorizes MAC LLOYD to issue to him each month a bill on durable medium in electronic form.

6.3. The user can pay bills by direct debit meeting the SEPA (Single Euro Payments Area) standard.

6.4. Any delay of payment, even partial, entails the day after the deadline, without a formal notice being necessary:

– the payment of late penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, and

– the payment of a lump sum indemnity for recovery costs in the amount of forty (40) euros. In the event that the recovery costs incurred are higher, MAC LLOYD may request additional compensation, upon justification.

 

ARTICLE 7. DELIVERY

7.1 In the context of a remote order, the products are delivered according to the delivery methods appearing on the Site.

7.2 Transport costs are split at 50% for MAC LLOYD and 50% for the customer, i.e. $ 250 for delivery in Europe and North America, $ 500 in Asia, € 600 in other territories. MAC LLOYD undertakes to make its best efforts to deliver the product to the lessee within the time agreed between the parties, which shall not exceed six (6) weeks from the receipt of the lease by MAC LLOYD.

Upon delivery, the risk of the product is transferred to the lessee who assumes custody under his sole and entire responsibility.

7.3 The lessee acknowledges having received the product in good condition for use and maintenance, suitable for operation unless expressly stated by the lessee when receiving the product. As such, the lessee must immediately postpone on the delivery note his reasoned reservations related to any apparent non-compliance of the order including any differences in quantities, losses, apparent damage, damage, specifying, in all case, the number of products concerned as found at the time of delivery. For the sole purpose of allowing MAC LLOYD to exercise any recourse against the carrier, these reservations must be made directly on the delivery note, or sent to the carrier by registered letter with acknowledgment of receipt within 3 working days the delivery of the products (in this case, a copy of this letter will be sent to MAC LLOYD).

 

ARTICLE 8. INFORMATION AND CORRESPONDENCE

The user undertakes to communicate and to update during the term of the Agreement his exact identification information and bank details to MAC LLOYD. In all correspondence with MAC LLOYD, the user must mention his surname, first name and his customer reference. Incomplete applications will not be processed.

ARTICLE 9. DURATION

The Rental Agreement comes into force upon its acceptance by MAC LLOYD and is concluded for a period indicated in the signed estimate. In the absence of a commitment period indicated in the signed estimate, or in the case of a contract via the website mclloyd.com, the rental contract is concluded for a minimum period of 180 days (6 months) excluding the period of possible free trial (see article 11). Unless terminated under the conditions provided for in Article 10, the Contract is renewed by tacit agreement for successive periods of one month (“Renewal Period”).

ARTICLE 10. FREE TRIAL

At the customer’s request, and under certain conditions (see conditions below), the customer can benefit from a 30-day free trial period.

10.1 Start date of the free trial period:

For rentals not from the mclloyd.com website, the start date of the free trial period corresponds to the date of configuration and training in the use of the product by a McLloyd product expert, which follows the receipt of the product by the customer.

For rentals from the mclloyd.fr website, the start date of the free trial period corresponds to the date of subscription to the offer by the customer.

10.2 Condition for activating the free trial period:

To benefit from a 30-day free trial, the customer agrees to post at least two photo or video content on their own social networks identifying the McLloyd brand and presenting McLloyd products or their use during this 30-day period. These representations must not be such as to damage the image of the McLloyd product or brand. If these conditions are not met, an additional month’s rental will be charged at the end of the rental agreement, even if it ends during the free trial period.

ARTICLE 11. TERMINATION

11.1. The Contract can be terminated by the user from his Subscriber Area at any time outside the commitment period on the site or by mail to the address MAC LLOYD, Parc d’affaires de Millau Viaduc 1. 233 Boulevard de Roullens, workshop no ° 3, 12100 Millau. The contract ends on the date of receipt of the material by McLloyd. This date cannot precede the end of engagement date mentioned in the estimate or, failing the commitment period indicated in the signed estimate, or in the case of a contractualization via the website mclloyd.com in the case of one, 180 days (ie 6 monthly payments) after the start date of the contract outside the free trial period (see Free trial).

For example, a customer takes out a McLloyd rental contract with a free trial period via the mclloyd.com website dated 01/15/2021, he receives his equipment on 01/25/2021 and receives the configuration and training on 01/26/2012.

  • If he returns the equipment before 2/15/2021 (inclusive) with proof of the date sent to McLloyd, the contract will end and he will not be charged. The return costs remain at his expense.
  • If he does not return the material before 2/15/2021 (inclusive) with proof of the date sent to McLloyd, he will not be able to break the contract and return the material before 07/15/2021. For example, he may express his wish to terminate the contract on 07/10/2021, then return the equipment on 07/22/2021. The contract will end on the date of receipt of the material by McLloyd. If this exceeds 08/15/2021, the customer will be charged an additional billing, otherwise the customer will not be charged and his last billing will have taken place on 07/15/2021.

The customer must return the material provided at his own expense. The McLloyd will verify the equipment and any invoicing as mentioned in article 12-Resitution.

ARTICLE 12. RESTITUTION

12.1At the expiration of the rental contract, the lessee has the obligation to make the product available for return to MAC LLOYD under the conditions defined in article 2.1 in the event of withdrawal, or (ii) in good used condition and maintenance, with all of its accessories within 30 days of the effective date of termination, by sending to MAC LLOYD at the address indicated in article 2.1, in a packaging ensuring appropriate protection in the event termination.

Return transport costs are the responsibility of the customer.

The product will only be considered returned to MAC LLOYD after delivery of the return slip signed by the MAC LLOYD expert noting the good condition and the complete return of the product.

Subject to the prior agreement of MAC LLOYD before the end of the rental period, the lessee may also decide to return the product to MAC LLOYD in conditions allowing the integrity of the product during transport and loading / unloading operations , for which he will assume the risks and costs.

The product is packaged in such a way as to ensure optimal protection of the product when it is made available and in particular during transport. The lessee is therefore required to transport and return the product in this packaging.

MAC LLOYD will have a period of three (3) working days to confirm the proper return of the product (that is to say, the full return, in good condition and cleaned of the product) and will send the customer the correct return slip .

12.2 The lessee is required to return the complete product, in good condition and cleaned.

In case of non-return of the product, MAC LLOYD reserves the right to invoice the lessee for the immobilization of the product until its return. This compensation is calculated pro rata temporis per day of non-return of the product compared to the total rental amount.

In the event of return of incomplete Products, in poor condition and / or not cleaned or of non-return of Products, MAC LLOYD reserves the right to:

  • bill the lessee for repair and / or cleaning services in the amount of fifty (50) euros per ten (10) boxes, and / or.
    • invoice a product immobilization allowance during the repair time. This compensation will be calculated in proportion to the number of days of immobilization compared to the total rental amount.
    • invoice, in addition to the usual subscription amount, the equipment, accessories, dismountable elements or spare parts not returned at the monthly rental price of the product reported for a period of 6 months (ie for example € 14.90 HT times 6 for a Sport Team V4 tracker, i.e. € 89.4 excl.tax, or € 5.90 times 6 for a cardio bra accompanied by its cardio sensor, i.e. € 35.4 excl. MAC LLOYD reserves the right to modify these invoicing amounts downwards in light of the exchanges between MAC LLOYD and the customer concerning the circumstances which led to the non-return of the Products concerned.

12.3 In the event of theft or loss of the product, the contract and the invoicing of the rental of the product will only end upon receipt by MAC LLOYD of the lessee’s theft or loss declarations in accordance with article 11.

 

ARTICLE 13: FORCE MAJEURE

MAC LLOYD or the lessee can not be held responsible for the absence or delay in the performance of all or part of the obligations resulting from these general rental conditions and / or the contract due to a force majeure event, if he fulfills the legal conditions required to qualify force majeure in French law, regardless of the damage suffered.

In addition, will be qualified as a case of force majeure, the events of interruption, breakdown and sabotage means of telecommunication or energy, fire, flood, exceptional weather, heat wave, riot, war, total or partial strike, lock out , the prohibitions or restrictions of the public authorities, or the delay of return of the product by another customer.

The party affected by the case of force majeure agrees to immediately notify the occurrence of this event to the other party by registered letter with acknowledgment of receipt.

The party affected by the case of force majeure undertakes to make its best efforts to implement the necessary means to minimize the damage that may result.

The case of force majeure suspends the obligations of the party directly affected by the case of force majeure throughout the duration of its existence. However, if the case of force majeure had a duration of existence greater than thirty (30) consecutive days, it would be entitled to the cancellation by right of the sale by one or other of the parties eight (8) days after the first presentation of a registered letter with acknowledgment of receipt, notifying that decision.

 

ARTICLE 14. CLAIMS

In the event of a breakdown / claim, the user can contact McLloyd at the following coordinates: by email at contact@mac-lloyd.com/ by mail at: MAC LLOYD, Millau Viaduc Business Park 1. 233 Boulevard de Roullens, workshop n ° 3 12100 Millau.

 

ARTICLE 15. PERSONAL DATA

15.1. The user undertakes, in any circumstance and for regular use, to make a backup of all of his data recorded on the products on an external support. In case of return of the Product, the data may be altered or erased as part of the maintenance operations. In case of return, they will be definitively erased. MAC LLOYD can not be held responsible for the remaining data on products returned by the user. This data will no longer be accessible by the user once the products are returned.

15.2. The personal data of the user are processed in accordance with the law of January 6, 1978 relating to data, files and freedoms and the European regulation on the protection of personal data. The bank details of the user may be used by MAC LLOYD for payment of any amount due and born of a contract with MAC LLOYD. The user has a right of access, rectification, deletion and opposition for legitimate reasons on the data concerning him as well as a right to the portability of his data via his Subscriber Area or by addressing a mail and by justifying its identity to: MAC LLOYD, Millau Viaduc Business Park 1. 233 Boulevard de Roullens, workshop n ° 3 12100 Millau. The user also has the possibility to set guidelines for the storage, erasure and communication of his personal data after his death, which he can exercise in the same way.

 

ARTICLE 16: INTELLECTUAL PROPERTY

16.1 The lessee is prohibited from using, except with the express written consent of MAC LLOYD, of any brand, design, model, patent, slogan and more generally of any intellectual property right that MAC LLOYD holds or for which MAC LLOYD would benefit from a license.

The lessee uses the product for his exclusive personal use, or for the sole benefit of one of his collaborators

16.2 By installing the software allowing the use of the product, the lessee is granted by MAC LLOYD a non-transferable, non-exclusive personal license and for the strictly limited duration to that of the lease. As a result, the lessee acknowledges that the software allowing the use of the product is not sold to him and that the lessee has no right of ownership in the latter.

The lessee is not authorized to:

1.copying, printing, transferring, transmitting or displaying all or part of the software;

  1. sell, rent, sublicense or otherwise distribute the software;

3.use the software to provide data processing, bureau service, time-sharing or other similar services of any kind to any other individual, company or entity;

4.edit the software and / or merge all or part of the software into other computer programs;

Compile, decompile, disassemble, translate, analyze, reverse engineer, or attempt to do so.

16.3 Unless stated otherwise, the license is recognized under the same conditions to the licensee on software updates and evolutions.

ARTICLE 17: LANGUAGE

These general rental conditions are written in French. In the event that they are translated into one or more languages, only the French version will prevail in the event of a dispute between the parties.

 

ARTICLE 18: APPLICABLE LAW – JURISDICTION

18.1 These general rental conditions and any resulting rental contract are governed by French law.

18.2 In the event of a dispute concerning the existence, validity, formation, interpretation, performance or termination of these general rental conditions and / or the contract and the termination of their relationship, the parties shall undertake to attempt to resolve the dispute amicably.

For this purpose, the most diligent party shall invite the other party, by registered letter with acknowledgment of receipt, to meet within fifteen (15) days of receipt of such notification.

Failing amicable agreement within thirty (30) days from receipt of the first notification, the parties grant exclusive jurisdiction to the Commercial Court of Paris notwithstanding the cases of plurality of defendants or warranty, and this even in case of summary.

MAC LLOYD – SAS with a capital of € 24,512 – RCS PARIS 790 862 544, whose head office is located at 154 boulevard Macdonald, 75019 Paris, France.PRINTING FORMULA TO PRINT AND SEND IN LRAR.

Please complete and return this form only if you wish to withdraw from the contract at: MAC LLOYD, Millau Viaduc Business Park 1. 233 Boulevard de Roullens, workshop n ° 3 12100 Millau. The simple return of the good without declaration or the refusal to take delivery are not enough to express your will to retract.

—–

Attention: MAC LLOYD

I hereby notify you of my retraction of the contract for the rental of the property below:

___________________________________________________________

Ordered on ________________________ / received on ___________________________

Your email address used when ordering: ___________________________

Your Name filled in when ordering ___________________________

Your name filled in when ordering ___________________________

Your address

_______________________________________________________________________

_______________________________________________________________________ –

Signature of the consumer (only in case of notification of this form on paper)

Date: ___________________________________