These General Terms and Conditions of Sale, hereinafter referred to as the 'GTC', apply, without restriction or reservation, to any purchase of services offered by MapPlanner, hereinafter referred to as the 'Service Provider', to professional and non-professional customers, hereinafter referred to as the 'Customer', on its website MapPlanner, hereinafter referred to as the 'Site'.
The main characteristics of the services are presented on the Website.
The Customer is obliged to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
The Service Provider's contact details are as follows:
MapPlanner - Map Services
The service offered by the platform is managed by MapPlanner - Map Services, registered with the Annecy Trade and Companies Register (953 260 510 R.C.S. Annecy) and headquartered in Annecy.
These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to other sales channels for the Services.
The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them by ticking the box provided for this purpose before implementing the online ordering procedure, as well as the general terms and conditions of use of the Website.
In the absence of proof to the contrary, the data recorded by the Service Provider constitutes proof of all transactions entered into with the Customer via the Website.
Validation of the order for Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges that he/she has the capacity required to contract and acquire the Services offered on the Website. As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
In the event of the provision of services abroad, it is advisable to find out, where applicable, about the laws applicable in the countries concerned, to ensure compliance with any constraints they impose and to translate the terms and conditions of sale into the appropriate languages.
The Website reserves the right, as part of the fight against fraud and in order to guarantee the security of transactions carried out via its platform, to verify the identity and legal capacity (in particular civil majority) of the Buyer at the time of registration or at the time of an order.
The Service Provider offers the following subscription services on the Website:
The Customer selects on the Website the subscription service(s) he wishes to order. He chooses an annual subscription.
The subscription formula begins upon confirmation of acceptance of the order by the Service Provider and receipt of payment, for a period of 365 days.
If the Customer purchases a subscription to services for a term (the 'Initial Term'), your subscription will be automatically renewed for additional periods of the same duration as the Initial Term, at the Website's then-current rate for such services, unless you opt for automatic non-renewal/refusal to renew your subscription.
Contractual information is presented in the French language and is subject to confirmation at the latest when the order is validated by the Customer.
It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately. The sale of Services will only be considered definitive once the Service Provider has sent the Customer confirmation of acceptance of the order by e-mail, and once the Service Provider has received payment in full.
Any order placed on the Website constitutes the formation of a contract concluded remotely between the Customer and the Service Provider.
The Service Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Subscription fees are invoiced at the beginning of the initial Term and are subject to automatic renewal. By providing your Payment Method to our Payment Service Provider or any other place of purchase, you acknowledge and agree that our Payment Service Provider or the place of purchase, as the case may be, is authorized to debit your Payment Method for all fees due and payable under the subscribed service level.
You may cancel automatic renewals of a Subscription purchased on the Website at any time prior to the Renewal Start Date in your personal area, or by sending an e-mail to %{email}.
The Services offered by the Service Provider are provided at the prices in force on the Website at the time the order is registered by the Service Provider. Prices are expressed in Euros, Dollars, Swiss Francs, Australian Dollars or Pounds Sterling, inclusive of VAT.
If customs duties or other local taxes or import duties or state taxes are likely to be payable, they will be charged to and are the sole responsibility of the Customer.
Prices take into account any discounts granted by the Service Provider under the conditions specified on the Website.
These rates are firm and non-revisable during their period of validity, as indicated on the Website, the Service Provider reserving the right, outside this period of validity, to modify the prices at any time.
The payment requested from the Customer corresponds to the total amount of the purchase of the subscription(s).
An invoice is issued by the Service Provider and given to the Customer upon provision of the Services ordered.
The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment. Payment for orders placed via the Website is made via the Stripe or PayPal platform:
The Website will systematically confirm the acceptance of the order to each Customer by e-mail.
Only the information required for invoicing is kept by the Service Provider, the banking information entered is not kept by the Service Provider.
The Service Provider shall not be obliged to provide the Services ordered by the Customer unless the price has first been paid in full in accordance with the above conditions.
Payments made by the Customer shall not be considered final until actual receipt of the sums due by the Service Provider.
In addition, the Service Provider reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.
The Customer shall not be charged any additional fees in excess of the costs incurred by the Service Provider for the use of a means of payment.
The Services ordered by the Customer will be provided upon final validation of the Customer's order, under the conditions set forth in these General Terms and Conditions of Sale.
The Service Provider undertakes to use its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the deadlines specified above.
If the services ordered have not been provided within 48 hours of the above-mentioned validation, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the Customer's written request under the conditions set out in articles L. 216-2, L. 216-3 and L. 241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
A limited amount of Resources may be tagged and authorized by the Website for users to share on their personal social networks (Facebook, Twitter, etc.), as part of your blog or other online commentary, analysis or opinion ('User Commentary') in accordance with the Website's functionality (such Resources, the 'Broadcast Content'). The Website grants you a limited right to download, reproduce and distribute the Broadcast Content on the Internet solely in connection with your User Comment. You are also authorized to modify the Broadcast Content, but only to the extent that such modification is technically necessary to display and distribute said content via your computer systems and on the Internet (e.g., modification of video format or file size). Furthermore, such modification must not significantly alter the content or quality of the content. Broadcast Content may contain trackers that enable us to collect information concerning the broadcast and consumption of the content. The Website reserves the right to stop providing any Broadcast Content at any time, or to require you to stop displaying or using any Broadcast Content for any reason, without liability to you or any third party.
You may link to our home page provided that you do so in a fair and lawful manner, without damaging our reputation or taking advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from a website that does not belong to you.
Given the nature of the services provided, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded, for the duration of the commitment, as soon as the order is placed by the Customer in accordance with the terms and conditions specified in these General Terms and Conditions of Sale.
The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer, against any lack of conformity or latent defect, resulting from a design or manufacturing defect in the Services ordered under the conditions and according to the methods defined in the appendix to these General Terms and Conditions of Sale.
In order to assert its rights, the Customer must inform the Service Provider, in writing, of the existence of the defects or lack of conformity within a maximum period of 10 days from the provision of the Services.
The Service Provider will reimburse or rectify or have rectified (to the extent possible) the Services found to be defective as soon as possible and no later than 15 days following the Service Provider's discovery of the defect or fault. Reimbursement will be made by crediting the Customer's bank account or by bank cheque sent to the Customer.
The Service Provider's warranty is limited to the reimbursement of Services actually paid for by the Customer and the Service Provider shall not be held liable or in default for any delay or non-performance resulting from the occurrence of an event of force majeure usually recognized by French case law.
The Services provided through the Provider's Website comply with the regulations in force in France. The Service Provider may not be held liable in the event of non-compliance with the legislation of the country in which the Services are provided, which it is up to the Customer, who is solely responsible for the choice of Services requested, to check.
The Website is accessible at all times at MapPlanner. However, the Website may not be held liable in the event of failure caused by a third party (notably an access provider), or in the event of force majeure. In such a case, the Website undertakes to do its utmost to restore access to the data as soon as possible.
Access to your account does not imply reimbursement by the Website of your subscription to an Internet service provider for data transmitted during your connections to the Website.
Pursuant to European Regulation 2016/679 transcribed by the Law of June 20, 2018 number 2018-493 relating to the protection of personal data, it is recalled that the nominative data that is requested from the Customer is used for the processing and tracking of orders and marketing management as well as to meet the legal and regulatory obligations incumbent on the Website.
This data may be communicated to any of the Service Provider's partners responsible for the execution, processing, management and payment of orders.
In accordance with current national and European regulations, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her.
This right may be exercised under the terms and conditions defined on the Website.
In accordance with the law, Customers have the right to access, rectify or delete data concerning them. For any request for deletion or modification, the Customer is invited to contact the Website by e-mail at the following address: contact@map-planner.com.
These General Terms and Conditions of Sale and the operations arising therefrom are governed by and subject to French law. Any dispute between the Website and Customers shall be subject to the jurisdiction of the French courts.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
The Website is accessible worldwide and may contain references to services and/or content that are not available in your country. These references do not imply that the Website intends to advertise such services or content in your country.
The Website is controlled and offered from its facilities in France. The Website makes no representation that the products are appropriate or available for use in other locations. Persons accessing or using the products from other countries do so of their own volition and are responsible for compliance with local laws.
The paid subscription service is currently available exclusively for the following countries: France, Belgium, Luxembourg, the UK, Ireland, Germany, Austria, Switzerland, Italy, Spain, Portugal, the Netherlands, the USA, Canada and Australia. For the time being, advanced features are only available for the countries listed above.
All disputes to which the purchase and sale operations concluded in application of the present general terms and conditions of sale may give rise, concerning both their validity, interpretation, execution, termination, consequences and consequences, and which could not be resolved between the seller and the customer, will be submitted to the competent courts under the conditions of common law.
The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. cons. art. L. 612-1) or with any existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The Customer acknowledges that, prior to placing an order and entering into a contract, he has been provided, in a legible and comprehensible manner, with these General Terms and Conditions of Sale and with all the information listed in article L. 221-5 of the French Consumer Code, and in particular with the following information: