Terms and Conditions

GENERAL

This document describes the general terms and conditions applicable to the access and use of the products offered by FLEETCARE LATAM SAS – FLEETCARE AUSTRALIA, hereinafter “FLEETCARE” a company incorporated and existing under the laws of each country.

Any person wishing to access and/or subscribe and/or use the Website or other means of contact, may do so subject to this legal document, along with all other policies and principles governing FLEETCARE.

This document, and the personal data processing policies, shall be understood as an integral part of all acts and contracts executed or entered into through the offer systems included in this Website or other means of contact.

The consumer must read, understand and accept all the conditions set forth in these documents and others that are established on the website or other means of contact, prior to the purchase of products and delivery of any data for any purpose. Ignorance of the content of these terms and conditions, do not justify the breach of these, and / or empower consumers to take particular or legal measures that do not know what is raised in these terms.

FLEETCARE is not responsible for any damages or losses arising from the misuse of the products, the consumer understands and accepts that he/she is making the purchase freely and autonomously, committing to use the product purchased in the manner indicated by the manufacturer.

FLEETCARE may make, at any time and without prior notice, changes in the presentation and configuration of the website or other means of contact, as well as in the contents thereof.

FLEETCARE warns that some of the texts contained on the website or other means of contact, links and/or information included therein, may not be accurate or up to date or may have been received or reported by third parties over whom FLEETCARE has no control. For this reason, FLEETCARE will not be liable for any errors or omissions relating to information not authored by FLEETCARE, nor for any damages that may be caused as a result of misuse.

FLEETCARE assumes that, if the consumer is buying in his own name or in the name of a certain company, it is because he is in full capacity and authorization to do so.

Consumers guarantee and are responsible, in any case, for the accuracy, veracity, validity and authenticity of the personal data entered. Any act of impersonation and/or incorrect information that does not correspond to the natural or legal person using the site is prohibited. If a fraudulent and/or malicious and/or contrary to these Terms and Conditions and/or contrary to good faith use is verified or suspected, FLEETCARE will have the unappealable right to cancel the purchase contract or any interaction on the platform.

FLEETCARE, reserves the right to request any additional proof and/or data in order to corroborate the personal data, as well as to temporarily or permanently suspend those consumers whose data could not be verified. In these cases of disqualification, the purchase will be cancelled without any right to compensation, payment and/or indemnification.

For this reason, we reserve the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to compensation or indemnification.

CUSTOMER RIGHTS AND DUTIES

The consumer will enjoy all the rights recognised by the law on Consumer Protection and Personal Data Protection, for this reason, they may submit their requests, complaints, claims and suggestions (PQRS), through our authorised means of contact.

By accepting these terms and conditions, the consumer undertakes to: (1) Provide truthful and reliable information; (2) Refrain from transferring validation data to third parties; (3) Refrain from using the means of contact and / or website to perform acts contrary to morality, law, public order and good customs against the company, employees or third parties; (4) Timely pay for the products ordered; (5) Refrain from conduct that undermines the website or other means of contact; (6) Refrain from impersonating the identity of other consumers; (7) Refrain from deciphering, decompiling or disassembling any element of the website or other means of contact or any of its parts; (8) Refrain from conduct contrary to the laws, principles or good customs that may affect the execution of the legal business; (i) timely receipt of the products ordered; (ii) verify at the time of validation that the products selected do correspond to those required; (iii) inform themselves about the instructions for use and consumption of the products.

CONTRACT OF SALE

Once the consumer receives confirmation of payment for the purchase, FLEETCARE is obliged to deliver the product.  In the same way, the purchase price is totaled including transportation and other costs necessary for delivery. The values for international and / or national transport, taxes, duties, among others, may vary, so it is important that the consumer confirms the total values before making the purchase through the means of contact. The approximate delivery date will be confirmed by the same means.

The sale and delivery of products is subject to availability and stock of the product. When the product is not available, the consumer will be notified immediately.

PAYMENT METHODS

website has as authorized payment gateways, which are responsible for carrying out the economic intermediation between the consumer and FLEETCARE.

Although this page has secure and reliable connections for electronic transactions, FLEETCARE is exempt from liability for any damage that may be generated by any failure in the operations or communications of the financial institutions issuing the valid cards to make payments or with the payment platform, because as mentioned, this will be responsible for the economic intermediation between the consumer and FLEETCARE, the latter being exempt from any liability, since it will not have any relationship with the transfers made by the customer.

SHIPPING POLICY

The customer will assume the cost of transporting the products purchased and the payment of any applicable taxes; in any case, the price of transport will be informed at the time of generating the purchase order, clarifying that this price may vary according to the city where it must be delivered and will be informed definitively in the email of acceptance of the purchase order and notification of successful payment.

It is clarified that the delivery of the products will only be made once due verification of payment has been made by the customer.  FLEETCARE does not commit to specific delivery times. The order will arrive at the place of residence according to the date assigned by the transport company, at no time FLEETCARE will be responsible for delays, losses or damages caused by the transport company.

In the event that the place of residence of the buyer is visited and the delivery of the order cannot be made because he or his authorised person is not found, the new shipment may be rescheduled, after telephone communication with the buyer to notify the news and coordinate the new delivery, if the customer is not found and a third delivery has to be rescheduled, this delivery will have an additional cost equal to the cost of transport charged on the invoice.

If, upon receipt of the products, there are anomalies, non-conformities or damages, it is the customer’s obligation to immediately notify the carrier, in order to carry out the necessary checks and repair. If the above mentioned novelties are not reported in time, the company will not be responsible for the damages caused. This policy may change depending on the characteristics of the product.

RIGHT OF WITHDRAWAL

Consumers can exercise the right of withdrawal on products purchased by any means of contact, therefore, they can independently and freely request to reverse the purchase by returning things to their initial state, with this the consumer agrees to return the product in perfect condition, without having used it and suitable for a new sale, and by FLEETCARE undertakes to refund the amount paid for the product, fulfilling the following conditions:

• The request for withdrawal must be made within five (5) days of delivery of the product.
• The consumer must express his/her wish to exercise the right of withdrawal through any authorised means of contact.
• The consumer must return the product in the same condition as received, unused, in its original packaging, in perfect condition.
• The customer shall bear the cost of transport for the return of the product.
• The right of withdrawal does not apply to products on order or those that were developed, manufactured or prepared according to customer specifications.
• LEETCARE will refund the money to the customer within fifteen (15) calendar days of receipt of the returned product.
• FLEETCARE undertakes to reimburse the amounts paid, however, is exempt from liability for discounts made by the bank.
• The product(s) may be returned by these means of choice: The return must be made in two ways: at the physical point or by using a carrier.

PRODUCT WARRANTY

GENERAL PRINCIPLES OF WARRANTY

• Any doubt in the interpretation and application of the Consumer Protection rules will be resolved in favour of the CLIENT.
• FLEETCARE will take into account the response, repair and solution times stipulated by law and its regulations, understanding them as the maximum time allowed.
• All products that are marketed have a legal warranty and must communicate the minimum information in the corresponding language, which includes: warranty, use, care and installation and Technical Service Center, as applicable.
• If the term of the warranty is not indicated, it shall be valid for one (1) year for new products.
• In the case of perishable products, the term of the legal warranty shall be that of the expiry date.
• The parts and accessories that make up the product at the time of purchase are also covered by the warranty.
• The term of the legal warranty will begin to run from the delivery of the product to the CUSTOMER. If the product is exchanged for another one, the term of the legal warranty will start to run again from the date of exchange.
• FLEETCARE will not market unsafe products.
• FLEETCARE will strive to provide CUSTOMERS with a positive after-sales service experience.
• The legal warranty includes all costs associated with technical diagnosis, the burden of proof may not be reversed at the expense of the consumer.
• The legal warranty includes all costs associated with repair, product exchange or refund, as applicable.

CONSENT

The consumer expressly declares that he/she has the legal capacity to use the website or other means of contact to enter into commercial transactions through this website. Likewise, he/she declares to have provided real, truthful and reliable information; therefore, he/she expressly and unequivocally declares that he/she has read, understands and accepts all the situations regulated in this document, and therefore undertakes to fully comply with the duties, obligations, actions and omissions expressed herein.