General conditions of use and sale
The present document, named "General Conditions of Use and Sale" ("CGUV"), is considered complete and up to date, and constitutes the contractual basis of the commercial relations between the users and/or the customers of the planetroadbook.com site and its editor, as identified in the Legal Notice, owner and sole representative of the latter.
The acceptance of the CGUV, carries the express adhesion and without reserve to their application.
The version of these CGUV currently online, accessible at any time, is deemed complete and up to date, and is the only one opposable during the entire period of use of the site and until a new version replaces it.
The site editor attests to his good faith and his willingness to take all necessary steps to ensure the proper performance of his contractual obligations.
Part 1: Purpose and application of the Contract
Article 1. Definitions
The Site: the Internet site accessible at the address planetroadbook.com as a whole.
The Provider: planetroadbook.com, editor and sole representative of the Site, the brand and the commercial sign "Planetroadbook".
The Contract/GCUV: means the whole of the present indivisible contract, governing entirely and exclusively the purchase of product(s) on line from the publishing company; this contract is referred to in an equivalent manner as the "General Conditions of Use and Sale", the "GCUV", or the "Contract".
The User: any natural person with full legal capacity who browses the Site and/or uses its features, under his full responsibility.
The Customer: any User who purchases products and/or services on the Website.
The Parties: means both the Provider and the User/Customer.
Third party : any person who is not a party to the present GCUV.
Product(s) : all types of physical or dematerialized goods which can be proposed to the Customer by the Provider within the framework of its activity.
Services: means all the services offered by the Provider via the Site.
Information: all the information published on the Website by the Provider.
Data: all data, content and information that may be provided by the User/Customer to use the Website.
Article 2. Purpose of the contract
. This Agreement governs entirely and exclusively the commercial relationship between the User/Customer and the Provider. Its purpose is to define the respective rights and obligations of the Parties in this context:
- It defines the terms and conditions for purchasing the Provider's Products, from any computer terminal and from any country.
- It defines the terms and conditions of use of all the functionalities included therein (in particular downloads, contact form, viewings, etc.).
- It sets the conditions of use of the specialized information resources accessible on the Site, particularly with regard to any intellectual property rights.
- It defines the conditions of signature and payment, the duration of the contract, the modalities of its possible renewal and its end, as well as the modalities of resolution of the litigations.
- It defines the conditions of computer security, the types of moderation of the Site and the Contents.
Article 3. Application of the contract
Article 3.1 Indivisibility
. This Contract is indivisible. Its express and unreserved acceptance is valid for the whole; it is expressed in only one time by the User, at the time of the validation of its order for the Users becoming Customers, and of the only fact of navigation for the only Users. The agreement of the User implies the renunciation of any previous contrary declaration.
. By exception, any particular clause of this Contract expressly notified and accepted as such prevails over its general clauses in case of possible contradiction.
. Users and Customers may not unilaterally waive the application of one or more clauses of this Agreement.
. The modification or substitution by the Provider of one or more clauses of the Agreement, for any reason whatsoever, shall not constitute a waiver by the Provider of the entire Agreement.
. In the event of any legal proceedings resulting in the recognition of the invalidity or modification of one or more clauses of this Agreement, such invalidity or modification shall apply only to the explicitly designated clause(s), unless otherwise provided by law or acquired by an enforceable court decision.
Article 3.2 Interpretation of clauses
. In the event of any conflict of interpretation between the content of the clauses of this Agreement and their titles, priority shall be given to the content of the stipulations.
. All the deadlines stated in the present CGUV are considered as worked.
Article 3.3. Capacity to act
. The User/Customer certifies his capacity to act and to contract with the Provider, who reserves the right to ask for any possible proof (age, civil status, etc.).
Article 3.4. Modification of the Site and modification of the CGUV
. The Provider reserves the right to modify the content of the Site, as well as the terms of the present CGUV, at any time and without having to justify itself, as soon as this modification is made necessary by a legitimate commercial or legal objective, without it being assimilated to a renunciation by the Provider of the whole (in particular according to the evolution of techniques and/or legislation).
. It is therefore accepted without reservation that the CGUV presented for acceptance at the time of validation of the order or validation of any action requiring acceptance of these CGUV, are deemed up to date and remain the only contract opposable to all orders placed and all uses of the Site. The modification of the CGUV thus made has no effect on the orders in progress.
. The User/Customer accepts that the new CGUV will govern the new contractual relationship without the need to accomplish any particular formality.
. The User/Customer agrees that if he/she refuses the new conditions he/she cannot validate his/her order or the use and enjoyment of the concerned feature, and guarantees the Provider from any liability in case of damage felt by him/her as a result. The Provider systematically displays an error message in this case and invites the Customer to renew his acceptance of the GCUV in order to validate his order.
. Also, the Provider reserves the exclusive right to validly propose special offers and conditions at any time, which apply for the duration explicitly specified before the validation of the order concerned and without prejudice to the application of these CGUV.
Article 4. Duty of collaboration
. The Parties undertake to collaborate actively and in good faith in the proper execution of the present CGUV and to be bound by an obligation of mutual information.
. The User/Customer unreservedly accepts its own duty to collaborate and undertakes to state its specific needs where appropriate.
. The Service Provider's responsibility cannot be sought, in whole or in part, for failure to fulfill its consulting obligations, resulting from the silence of the User/Customer on one or more elements that could determine its commitment, particularly with regard to the use it intends to make of the Products, if this use differs from the standard uses of the Products.
. The User/Customer generally agrees, during and after the performance of this Agreement, to act in good faith and to use all reasonable means to indemnify the Service Provider against any loss, damage or claim relating to the use or non-use of its Products.
Moreover, the Customer may report any violation of these GCUV to the following address: firstname.lastname@example.org
- Fight against concealed work
. In application of the legal provisions reinforcing the fight against illegal work, the Provider certifies that the execution of the Contract is carried out either by employees, or by independent service providers or third party companies, regularly employed or commissioned with regard to French legislation (in particular labor law) and declares that it has fulfilled its fiscal and social obligations (declarations, payment of the corresponding taxes and contributions)
Article 5. Mutual independence
Article 5.1. Declaration of mutual independence
. The Parties reciprocally declare themselves totally independent. The present CGUV do not have in any case the object or the effect of associating and/or confusing the respective activities of the Parties, and do not constitute in any way a mandate between the Parties, a company contract, nor a representation contract of any kind.
. They each retain the responsibility and the monopoly of their respective activities concerning their social, accounting, fiscal and legal obligations in the broad sense. They discharge each other from any liability in case of any damage whatsoever resulting from a failure, even partial, of one of the Parties with respect to the above-mentioned categories of obligations.
. Therefore, the Parties also declare themselves independent with regard to any contractual relations that may be entered into with any third parties and under their own respective responsibilities. The Parties shall be liable, within the limits set by law and by any agreement, for the acts of any third parties to whom they may be bound by contract, and for any damage created to the other Party in the performance of said contract.
. The User/Customer thus undertakes to answer for its responsibility resulting from its own activity(ies), as well as from the creation, disclosure, diffusion, transfer of any false publicity concerning the Provider (and its possible partners and/or subcontractors).
Article 5.2 General independence of the Provider and use of the Internet
. The User/Customer agrees to release the Provider from any form of liability for its own use of social networks and other digital platforms of any kind on the Internet. The User/Customer agrees to use the Internet and these third-party networks under his/her own responsibility, with respect to any and all damages resulting from the registration, use, and/or publication of any content of any kind, and/or any and all disputes, exclusions or claims, directly or indirectly related to said third-party networks, whether or not such activities are related to the performance of this Agreement.
Article 6. Maintenance and availability of the Site
Article 6.1. Access to the Site
. The Provider assures to the Users to implement the necessary means for the availability of the Site, to allow an access to the Site 24 hours a day, 7 days a week, and to an optimal use at the technical level, except in case of force majeure, and remains in this respect subject to a simple obligation of means.
. The User releases the Provider from any responsibility in case of impossibility of access to the Website due to an event beyond its control (including but not limited to technical hazards, disruptions on the Internet network, etc.).
Article 6.2. Moderation and control power of the Provider
. The Provider ensures an active and a priori moderation of the Website and reserves the right at any time, without derogating from its obligations of confidentiality and without its liability being engaged, to :
- suspend or limit access to the Site from time to time in order to carry out maintenance operations or updates;
- suspend, interrupt or limit access to all or part of the Site, and/or reserve access to it, in whole or in part, to a specific category of Users
- delete any information that may disrupt the operation of the Site or that may contravene national or international laws, or the rules of Netiquette.
. The following are prohibited: verbal violence, threats of physical violence, discrimination of any kind, calls to hatred, insults, defamation, offences against public morality and order, commercial proposals and canvassing, offences related to child pornography and terrorism.
. The authors of the offending contents can be excluded from the Site, which can lead to the possible closing of the concerned account by the Provider, who does not have to justify himself, and without prejudice to any legal procedure that he could initiate in order to compensate for a damage.
Article 6.3. Technical support
. The Provider provides a technical support dedicated to the Customers, concerning the use of the Services and/or Products validly ordered, accessible exclusively by e-mail on the following address: email@example.com
. The Provider, or the author of the Product, undertakes to answer any request and to propose any solution of satisfaction to help the Users/Customers to use the Product in the best conditions, and in a reasonable time.
Included in this service are:
- assistance on reported bugs and problems related to the ordered Products;
- availability of the author of the Product to answer questions related to the Product(s); Customers release the Provider from any liability in case of failure to fill in the data necessary for the instruction of their request for technical support within this framework, as well as for the nature and quality of the answer obtained by one of the authors when not directly requested.
- answer technical questions relating to the characteristics of the Product.
. The Service Provider reserves the exclusive right to include or exclude requests, on a case-by-case basis, within the scope of its personal intervention, and to propose, or even impose, additional time to respond usefully to the request, either because the response requires further research or because it requires the intervention of a third party provider.
. When an external service provider intervenes on the Users' installations, the service provider concerned bears the total responsibility of its intervention, the Provider only ensuring the maintenance of the Site itself.
Article 7. Computer security
Article 7.1 Security conditions
. The Site is provided in all its elements with the optimal technical security features under normal conditions of use. The Provider undertakes to maintain it in the best possible conditions and thus excludes any liability in case of downloading of viruses, or any form of computer attack suffered by the User and which may be directly or indirectly related to his navigation on the Site.
Article 7.2. Security threats for the Provider
. The User agrees not to penetrate the Provider's computer systems, nor those of its suppliers and partners, nor attempt to do so, whether or not using confidential data governed by this Agreement. In particular, the following are strictly forbidden under penalty of prosecution: any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Site as a whole, any intrusion or attempted intrusion into the Provider's computer systems, any detour of its system resources, any action likely to impose a disproportionate load on its infrastructure.
. The Service Provider shall not be liable for any malicious introduction or interception, attack or hacking of any kind, targeting any digital space of the User, despite all possible security measures taken by the Service Provider.
Article 7.3. Responsibility of the User/Customer
. The Customer declares to have taken knowledge of the characteristics and limits of Internet making the data circulating on Internet vulnerable, as well as the communication of all computer files under the responsibility of its transmitter.
. The User may at any time inform the Service Provider if he/she notices a security breach related to the use of the Website, so that the Service Provider can immediately take any appropriate measure to remedy it.
. The Provider reminds that fraudulent access and/or maintenance on the Website, likely to hinder in any way its operation, as well as the introduction and/or modification of data in the latter, constitute offences likely to lead to legal proceedings.
Article 7.4. Interventions on the Customer's installations
. The Provider guarantees the proper functioning and compliance of the Products and/or Services with the order, in the absence of manipulation by the Customer and under normal conditions of use.
. When the Service Provider intervenes on the Customer's installations to perform any technical manipulation, the Customer is fully responsible for any useful or necessary backups, and guarantees the Service Provider against any action for compensation for any damage resulting from its own manipulation, even minor, likely to compromise the proper functioning of the Products/Services after this intervention.
Article 7.5. Customer's responsibility for the registration and maintenance of domain names and hosting of its website(s)
. The Customer agrees in principle to be entirely responsible for the creation, registration, maintenance and management of its own domain name(s) on the Internet, as well as for the hosting of the site(s) belonging to it or placed under its responsibility, and to carry out all formalities with the approved registration bodies.
. The Customer agrees to bear, in particular and not restrictively, all losses of data, the release of the domain name making it available, its repurchase by a third party, data backups, as well as the obsolescence or loss of messaging functionalities that are attached to it.
Part 2. Validation of orders
Article 8. The Services of the Provider
Article 8.1. Services and Products of the Provider
. The Service Provider summarizes the essential information of the orders governed by this Agreement in an online summary (the "Shopping Cart") presented before the validation of any order, which is authentic of the Product(s) to be delivered and/or the Service(s) to be performed.
. Under the terms of the Contract, the Service Provider undertakes to perform the following Services and/or to deliver to the Customer the following Product(s):
- Roadbooks or travel books.
- Roadbooks or personalized travel books.
- Objects or products of everyday consumption, whether or not related to the trip.
. The Users are systematically informed of the availability of the Products offered on the Site on the day of the order before their validation, and agree to release the Provider from any responsibility in case of punctual unavailability of a Product and of the possible damages felt by the User in this case (the momentarily unavailable Products are always presented in the product sheets even if they cannot be added to the Basket).
Article 8.2. Registration and opening of a customer account on the Site
. The User may at any time register on the Site and create a customer account allowing him/her to benefit from additional functionalities, such as, in particular and where applicable, viewing his/her order history, downloading invoices, downloading updates, etc.
. The User is responsible for the creation and maintenance of his account, as well as his login and password; he agrees not to hold the Provider liable for any damage suffered by him as a result of his own oversights, omissions, manipulations or failures in this regard (this process, as well as the initial registration, requires a valid email address).
. The User acknowledges that if he/she wishes to close his/her account, he/she forfeits the benefit of the features associated with it and will have to restart the registration process if he/she wishes to benefit from them again.
. Repeated failures of the User/Customer are likely to lead to the forced closure of his account by the Provider, under its power of control.
Article 8.3. Pricing conditions
. It is accepted that all applicable prices are displayed in euros and inclusive of VAT and any other applicable taxes and that the authentic prices are those that are explicitly specified before the validation of the online order, in an identical manner in the Product sheet and in the Shopping Cart.
Article 9. Purchase process and conclusion of sales
Article 9.1. Validation of orders by double click
The Customer declares to have read, understood and accepted the following process of his purchase :
. The User/Customer acknowledges without reservation that his free and informed consent to the validation of his order is expressly acquired by the technical and legal process of the double click, which alone entails the obligation of payment, and according to the following process:
1/ The User selects a Product by clicking on the "Add to cart" button located inside a product sheet;
2/ The User starts the ordering process by clicking on the "Order" button, which allows him/her to visualize the shopping cart summarizing his/her purchases;
3/ The User can continue shopping and add to the basket, summarizing the order and allowing the User to know in all points of his order (including the choice of the payment method), by clicking on "validate";
4/ The User must open a personal account, which means that he/she must provide any additional information that may be necessary (including last name, first name, e-mail address, password, and optionally billing address, company name, telephone number);
5/ The User fills in his payment information by validating his order, and by ticking the obligatory box validating his full and complete acceptance of the present CGUV and his express renunciation of his right of retraction; this process which constitutes the second legal click is finalized by clicking on the button " Validate the order ";
The User acknowledges without reservation that this action constitutes full validation of his order, and full payment of his order immediately after this validation; he then acquires the status of Customer.
6/ The Provider sends an email to the Customer confirming the order and summarizing all the information related to the order and its payment, the corresponding invoice, a link to download the ordered Products, as well as the present GTCV on a durable medium - in PDF format.
- Proof of validation of orders :
. The Customer is presumed capable and undertakes to fill in the requested information authentically, completely and accurately and under his full responsibility. His failure to do so, due to the incomplete, illicit or inadequate nature of said data, which may be unilaterally qualified by the Service Provider, totally removes the latter's responsibility in case of difficulty or impossibility to validate an order and/or to use the Site.
. The Parties agree that the remote and/or digital signature of this Agreement is admitted as perfect evidence having the same force as the physical signature.
- Additional orders :
. The Customer wishing to order a new Product is free to do so at any time, directly online and under the same conditions described above.
. The Customer accepts without reservation that the validation of his new order entails additional invoicing as well as the renewal of his consent to the whole of the present CGUV, in addition to any possible specific contractual condition applicable to this new purchase, and validly consented to.
Article 9.2. Means and terms of payment
. In order to validate orders, payments must be made by the Customer immediately upon validation of the order, by credit card via Stripe or bank transfer.
. Indeed, the Provider uses one or more dedicated payment module(s) ("Stripe"), which also allows payment by credit card; these manage all payments made via the Site, collect the necessary data and link them to the Customer's account.
. In all cases, the Provider's bank account is domiciled in France. The payments set up do not cause any hidden additional costs; thus, any possible additional costs caused by the payment of its order are charged to the Customer.
. It is nevertheless admitted that the Provider may have to block a transaction, temporarily, the time to make security checks if necessary, as well as to suspend the benefits of the Services related to an account whose payment method has become obsolete or inoperative.
. Invoices (and any payment receipts) are automatically sent by email to the Customer.
Article 9.3 Resolutive clause by operation of law
. Payment must be made immediately after the validation of the order, and will be considered effective once the Provider's account has been credited with the corresponding sums, directly or via its third party payment provider.
. Failure to comply with this mandatory process constitutes a breach of the obligation to pay, which entitles the Provider to suspend the performance of the Services, the delivery of the Products, or simply cancel the order.
. In this case, the Agreement is deemed to be terminated by operation of law, and the Service Provider may validly cancel the order without having to justify itself or notify the defaulting buyer, without prejudice to any claim for compensation for damage suffered.
. The User fully accepts that his order and his contract are considered null and void, and that in this case he will not be able to claim any right to the use of the Products and/or Services. If he/she wishes to order on the Site, he/she admits that he/she must place a valid order in accordance with the present CGUV. He also admits that in this case, the data that may have been initially filled in can be completely purged from the Provider's computer system, and thus he will have to renew the entire ordering process.
Article 9.4. Customized orders
. Some Services and/or Products are only available on a customized basis and after a first contact with the Provider, via the contact form. According to the needs defined together, the Provider establishes a customized quote specifying and evidencing the specific terms of the sale, and sends to the Customer an online payment link to pay the total amount of the quote, which the Customer agrees to pay without delay.
. The Service Provider shall promptly send an order confirmation by email with the essential information of the order.
. The Customer acknowledges without reservation that its free and informed consent is deemed to be obtained upon the simultaneous physical or digital signature of the quotation and these GCUV, or of the Contract presented to it for this purpose concerning the Customer's requests that exceed a certain amount or a certain scope (in terms of work to be performed). The Provider reserves the right to refer the Customer to a different contractual process and conditions.
Article 10. Waiver of the right of withdrawal
. The Customer acknowledges without reservation that, in accordance with the provisions of Article L 221-28 paragraph 13 of the Consumer Code, his purchase is firm and final, without the possibility of withdrawal, concerning the Products and Services of the Provider, because they are exclusively "digital content not provided on a physical medium whose execution has begun after prior express consent of the consumer and express waiver of his right of withdrawal.
. Also, and in accordance with the provisions of Article L 221-28 paragraph 3 of the Consumer Code, the Customer agrees that custom-made Products, i.e. "made to the specifications of the consumer or clearly personalized", are not subject to withdrawal.
. The Provider undertakes to clearly specify the absence of right of withdrawal to the Customers before the conclusion of any order (in the basket or in the estimate).
. The Customer acknowledges that his order cannot be validated if he does not check the box materializing his express waiver of his right of withdrawal.
Article 11. Compliant delivery
Article 11.1. Time of delivery
. The Provider undertakes, under normal conditions of delivery of the Products ordered, to deliver the latter either immediately or within the time period indicated in the shopping cart presented for validation of the order; the delivery may not, however, exceed a maximum additional period of forty-eight (48) hours from this initial period, except in cases of force majeure
. In the specific case of orders requiring several shipments, it is accepted without reservation that the time to be respected by the Provider starts from the last delivery of the items concerned.
. The Customer acknowledges that in all cases, the applicable deadlines may be extended when the intervention of an external service provider is necessary (Partner, bank, host, any necessary and legitimate service provider).
Article 11.2 Terms of delivery
. The delivery of the Product(s) ordered is carried out either by sending an e-mail containing any clickable link and/or document that can be downloaded directly from this e-mail, or by providing access on the Site to a direct download button for the item(s) to be delivered.
. In no event shall the Service Provider be liable for any difficulties in accessing the content thus made available to the Customer due to its own manipulations (or any person under its responsibility), as well as to facts or circumstances beyond the control of the Service Provider.
Article 11.3 Compliance with the delivery and commitment of the Provider
. The Provider undertakes to deliver Products free of defects, in conformity with the order and with the normal use of products of the same or similar nature.
. Therefore, the Service Provider shall not be liable for any errors made by the Customer in filling in the mandatory information required to validate the orders, in particular when the use intended by the Customer differs from such normal use, without the Service Provider having been able to be aware of this circumstance.
. Any possible lack of conformity must be reported by the Customer who must prove this defect on the day of purchase and for a maximum period of twenty-four (24) months.
. The Service Provider guarantees the Customer/User against the loss of his rights of use under conditions respecting the present GCUV, and excludes any eviction of his peaceful possession by the claim of a right from a third party.
. The Provider undertakes to offer and supply Products and Services free of any hidden defect making them unfit for use. However, if an unexpected defect is found, the Customer is entitled to request the repair or replacement of the Product. Proof of such defect, if invoked, shall be the responsibility of the Customer.
. Claims are to be made in accordance with Article 21.1 of these GCUV.
Part 3. Use of the Products
Article 12. Specificity of the Provider's Products
. It is accepted that the Provider's Products accessible on the Site are digital dematerialized content. As such, there is no physical delivery or in-person service to order on the Site.
. The Provider's Products offered on the Site are in particular :
. Roadbooks in digital and PDF format ;
. Customized Roadbooks ;
. Specific travel documentation.
. Various objects.
Article 13. Limitation of responsibility of the Provider
. Within the framework of the use of the Site, the purchase and the use of the Products and/or Services, the responsibility of the Provider could not be sought in particular in case:
- use of the Site and/or Products by the User/Customer contrary to its purpose, to the present GTCV, or to the whole of the positive law in force;
- use or consultation by the User/Customer of any data and/or any service accessible on the Internet, linked or not to the Site, and likely to cause any prejudice whatsoever to the Provider or to any third party;
- interruption of the internet and/or intranet network;
- technical problems and/or cyber-attacks affecting the premises and/or software, equipment, installations and digital spaces belonging to or placed under the responsibility of the User/Customer or third parties, whether or not these problems result from the User's connection to the Website and/or its use;
- any difficulty or impossibility to use the Products of the Provider which is not its responsibility;
- the use of the Site, as well as the information or data contained therein, for political or advertising purposes, or for any form of commercial solicitation and in particular the sending of unsolicited emails.
- the use by the User/Customer of any equipment necessary to connect to the Site and use the latter (the User must therefore take all appropriate measures to protect his own equipment and his own data).
. The User/Customer acknowledges that in case of amicable or judicial proceedings against the Provider, due to the use of the Website by the User, the Provider may turn against him to obtain compensation for all damages, sums, sentences and costs that could result from the said proceedings.
Article 14. Updates of Products and Services
. The Provider undertakes to keep the Services up to date and operational under normal conditions of use, and does not guarantee any specific compatibility, which the Customer must notify if necessary before any formal order. The Customer waives the right to hold the Provider liable for any obsolescence that may occur in the future with respect to any Product(s) ordered.
. The Customer/User further agrees to the possible modification of the operation of the Services in all cases of revisions, minor or major, made necessary.
. The Customer/User agrees to facilitate as much as possible the interventions made necessary to update the Services, and guarantees the Provider against any form of disagreement, litigation, or prosecution in case of damage resulting from its own manipulation(s) and/or any maneuver whose purpose or effect is to make the said updates more difficult or even impossible (particularly in case of defects or bugs in the Service concerned), and which remain its full responsibility.
Article 15. Intellectual Property
Article 15.1 General prohibition
. The Customer undertakes in general to respect the intellectual property rights possibly attached to the Provider, during and after the execution of the present CGUV.
. It is accepted without reserve that any reproduction, representation, use, imitation or adaptation, distribution, sale, transmission, or provision of third parties, total or partial, by any process and on any medium whatsoever, of the elements constituting and/or representing the brand and the Site and all the intellectual assets of the Provider (texts, (texts, figures, codes, names, drawings, images, logos, slogans, and any other element potentially representative of the Provider's intellectual assets), is prohibited without the Provider's prior and express written consent, and may result in prosecution according to all procedures in force.
. The fact that the Provider does not initiate proceedings upon becoming aware of any unauthorized use of the aforementioned items does not constitute acceptance by the Provider of said uses, nor does it constitute a waiver of any possible proceedings.
Article 15.1.1 - Protection of the Provider's trademark
. The " Planetroadbook" brand is the exclusive property of the Provider.
. This protection grants a monopoly of exploitation of its brand to the Provider. The non-respect of these rights is likely to lead to proceedings according to the procedures in force, in particular for counterfeiting.
Article 15.2. The Site
. The Website has been created in all its elements directly by the Provider.
. The Site is the full property of the Provider, in all its elements (including, and
logos and photos, videos, sounds, codes, figures).
. In particular, the photos and graphic illustrations on the Website are published in compliance with the copyrights attached to them, either because they were created by the Provider, or because they belong to the public domain, or because they come from legal sources or graphic service providers guaranteeing the respect of these rights (in particular, but not limited to, " Shutterstock ", " Pixabay ", etc.).
. Also, the texts to be consulted on the Site (in particular the "blog") are either written directly by the Provider or used in compliance with the rights of the authors commissioned by the latter, who also authorizes their short quotation or republication subject to explicitly citing the Provider and inserting a link to the Site.
Article 15.3. Protection of the Provider's Products
. The Customer undertakes to respect the intellectual property of the Provider on the Information and on the Products of the Website, and thus refrains from copying, modifying, redistributing, reselling, transferring, or exploiting them in whole or in part, in any manner whatsoever and with respect to any third party.
. However, the User may freely use the Products to which he/she has access in accordance with these GTCV without the need to obtain the express written agreement of the Provider.
. The Service Provider is not liable for any use by a User of the aforementioned elements in violation of the present CGUV and/or the law in force.
Article 15.4. Domain names
. The following domain names (as well as any possible sub-domains) belong to the Provider and are protected by their registration and commercial exploitation
Article 15.5. Economic Parasitism and Unfair Competition
. The commercial exploitation, by any unauthorized third party, of the name(s) and distinctive sign(s) of the Provider's brand, domain name, Site and commercial sign, as well as any action whose purpose or effect is to harm the Provider by creating any form of confusion in the mind of the public, is likely to lead to prosecution for unfair competition and/or economic parasitism according to all procedures in force.
Article 16. References and promotion
Article 16.1 Credit in favor of the Provider - Setting up of hypertext links
. The establishment of any hypertext links to the Site, as a professional reference or not, from any site and from any terminal is a priori free subject to compliance with the following conditions:
- the practice of links must not be systematic or abusive;
- the link has been checked beforehand and does not involve any computer risk;
- the link does not violate any intellectual property right and can in no way represent a risk of confusion in the public mind or an element of unfair competition;
- the link is affixed with an authentic description of the Site and its activities;
. The User undertakes to remove the said link upon written request from the Provider, whose liability is strictly excluded for any damage resulting from any technical problem and/or security breach arising from such a hypertext link.
Article 16.2. Authorization of reproduction in favor of the Provider
. The Provider undertakes to respect all intellectual property rights that may be attached to the Customer of which it is aware, during and after the execution of these GCUV, and shall refrain from any use, transfer, assignment or prohibited exploitation of the aforementioned property rights and elements.
. However, the Customer is aware and fully accepts that the Service Provider reserves the right to publish, on its website or on any other digital spaces and marketing media, online or offline, any references, whether anonymized or not, in particular graphic references (logotypes, illustrations, etc.) and which may include a photograph allowing the identification of persons, illustrating in part some of the Customer's activities in relation to the Website, its possible testimonials provided on the Website or via any possible satisfaction surveys, and this for promotional or commercial prospecting purposes.
. The acceptance of the present CGUV implies authorization from the Customer and in favor of the Service Provider to use his photograph in the aforementioned conditions.
. At the express request of the User/Customer, the Service Provider agrees to remove it from all its publication spaces within a maximum period of ten (10) days, except for the Service Provider's promotional documents in paper format or having been the subject of a real and serious investment. It also undertakes to respect in this context all rights attached to third parties to which the Customer is bound by contract, as soon as it is aware of them.
Article 16.3. Publication of notices and comments
. The Provider's control and moderation powers are specified in article 6.2 of the present CGUV.
. The Users are free to leave notices and/or written comments in various places on the Site, in order to share with the other Users their degree of satisfaction and their testimony of their experience of purchase and/or use on the Site.
. However, they undertake in this context to respect all of their obligations hereunder, the law in force and Netiquette, which they materialize by filling in a mandatory checkbox before publishing their testimonials.
. Users are aware and accept that in the specific case of customer testimonials, the uploading of their photograph or avatar, whether real or not, is likely to be used under the conditions of article 15.1 of these GCUV.
. The Provider exercises an active moderation on the Site, and reserves the right to validate a priori all the first comments of a specific User. The following comments can be published freely but under the control of the Provider who can delete them at any time and without having to justify himself.
Article 17. Confidentiality
. The Provider certifies to protect the confidentiality of your personal data, and collects the minimum of personal information via the Site, in a punctual and motivated way, for a purpose strictly necessary to the achievement of its commercial objectives and the execution of its contractual obligations.
. The Service Provider certifies that it will never transfer, exchange, or sell the data collected, except to legitimate third parties who contribute to the Site and in the context of any legal proceedings.
Part 4: Duration and end of the contract - Disagreements and disputes
Article 18. Duration of the contract
Article 18.1. Initial Term of the Contract
. The present CGUV govern the activities of the Site as soon as it is put on line and throughout its existence.
. The present CGUV take effect as from their signature by the Customer and will remain in force until the conforming delivery of the ordered Products, or until their anticipated termination, without prejudice to the provisions which can be reasonably interpreted as surviving the full execution, expiration, termination or cancellation of the Contract, which will survive such execution, expiration, termination or cancellation (notably the confidentiality obligations).
. It is acknowledged that the validation of each new order requires the renewal of the Customer's full acceptance of the present CGUV.
Article 18.2. Early termination of the contract by the Customer
. The Customer wishing to terminate the contract before its term must justify a legitimate reason, resulting from a failure of the Provider in the execution of its contractual obligations and/or a breach of the legislation in force, and accomplish all the appropriate formality(ies): sending a registered letter with acknowledgement of receipt notifying precisely the reasons for the dispute including an exact and legally founded list of the failures invoked by the Customer, accompanied by all the appropriate supporting documents.
. If the Customer fails to do so, the unilateral termination of the Agreement by the Customer will be considered as a waiver of payment, if any, and a breach of its own obligations, justifying any procedure(s) on the part of the Service Provider for the recovery of any sums due, and/or for compensation for any damages.
. As an exception, the Services in the form of subscriptions can be terminated at any time by the Customer who makes the request and does not have to justify it, either online if necessary, or to the Provider by email.
Article 18.3. Early termination of the contract by the Provider
. The Provider reserves the right to terminate the Agreement before its term, or even to take action before any appropriate court(s) to obtain compensation for any damages, if it can justify one of the following reasons
- failure to pay in accordance with the terms of this Agreement
- Violations of applicable law by the Client which directly or indirectly prejudice the Service Provider, as well as persistent delays and failures on the part of the Client.
. The damages entitling the Client to termination and any proceedings shall include all damages, all costs necessary to collect all claims and all costs of proceedings.
. Termination shall take effect after completion of the formalities of common law notifying the Customer of its default and putting it on notice to comply with its obligations within the time limits explicitly specified by the Provider in this context, in writing and by letter or e-mail. The persistence in its default by the User concerned within the aforementioned period of time allows the Provider to notify the latter of the termination of the Agreement.
. The User acknowledges that in this case his account is closed, its contents possibly purged without possibility of recovery, and also acknowledges that he must recreate a new account if necessary, according to the procedures described above.
Article 19. Suspension of obligations in case of Force Majeure
. Neither of the two Parties will be held responsible for the failure or delays in the execution of one or more of their obligations arising from the present CGUV when these failures result from the occurrence of a case of force majeure within the meaning of the law in force, i.e. resulting from unforeseeable, irresistible circumstances beyond the control of the Parties, in spite of their reasonable efforts, and for a maximum period of three (3) months from its occurrence.
. In this case, the Parties agree that the suspension of obligations shall be without fault and shall last for the duration of the circumstances of force majeure. At the end of this period, the reciprocal obligations become applicable again under the same conditions.
. Insofar as possible, the Parties undertake to notify each other of the existence of such a case within ten (10) days of its occurrence, and to present to each other, if possible and on their own initiative, all documents justifying this state.
. If the situation of force majeure suffered by one or both Parties exceeds three (3) months, the Parties shall be entitled to consider their mutual obligations as extinguished and this Contract terminated, without prejudice to any legal action leading to a contrary solution.
Article 20: Assignment of the Contract
. It is agreed that the Provider may freely assign, transfer, delegate, subcontract or alienate all or part of its obligations, rights, titles or interests under the present CGUV, in particular to any affiliated company, provided that it informs the other Party in advance, giving one (1) month's notice before the date of the said assignment or operation. Consequently, the assignee or transferee of the Contract will be subrogated to the rights and obligations of the assigning Party under the assigned Contract.
. The Service Provider undertakes to carry out any assignment in compliance with the law in force and this Agreement in order to preserve its balance
. If the assignment results from the termination of the Provider's business (judicial liquidation, bankruptcy, etc.), the conditions of the assignment shall be determined by the legislation and procedures in force. In the event that the said transfer results from the termination of the Customer's business, the Customer accepts without reservation that any claim due under this Agreement shall be carried forward as a personal contribution.
. Assignments, transfers or other dispositions by either Party in violation of this Article shall be deemed null and void.
Article 21. Applicable Law and International Aspects
Article 21.1 Governing Law
. By express agreement between the Parties, the activity of the Site as a whole, from any country and by a User of any nationality, as well as the present CGUV, are subject to and governed exclusively by French law, and must be interpreted in accordance with French law.
. The present CGUV are written in French language. In the event of translation into one or more languages, only the French text will be deemed authentic in the event of litigation.
. No derogation from this provision may be alleged, including for any conflict of laws, and no foreign element may thus be invoked for the application of any rule of foreign law.
Article 21.2 Restriction of the accessibility of the Site
. In cases where access to the Website and Products is not guaranteed to Users/Customers from certain countries due to foreign legislation, connection difficulties, or any other restriction beyond the control of the Provider, the Provider shall not be liable for any damage resulting from this restriction.
Article 22. Disagreements and disputes
Article 22.1. Claims
. Any complaint must be addressed to the Provider, at its choice by e-mail to the address firstname.lastname@example.org or by post (see Legal Notice).
. The request must include precisely the reasons for the dispute, justifying a legitimate reason resulting from a failure of the Provider in the performance of its contractual obligations and / or a breach of the legislation in force.
. When the Provider establishes the validity of the claim and the evidence presented, it undertakes to implement for the Customer the necessary means to make the Products suitable for the expected use and the order within a maximum period of one (1) month from the receipt of the claim (repair, replacement, or refund).
Article 22.2. Mediation procedure
. The mediation procedure is available to consumers wishing to assert their rights with the Provider prior to going to court. This recourse to mediation is free for the consumer (except if this one has voluntarily recourse to a lawyer, a third of his choice or an expert).
. The User/Customer admits that the recourse to mediation cannot succeed validly if :
1/ The Customer does not justify having tried, beforehand, to resolve his dispute directly with the Provider by a written complaint;
2/ The request is obviously unfounded or abusive;
3/ The dispute has been previously examined or is being examined by another mediator or by a court;
4/ The Customer has made his request to the mediator within a period of more than one year from his written complaint to the Service Provider.
5/ The dispute does not fall within the scope of the mediator's competence.
. The mediator shall not receive any instructions from the Parties nor be remunerated according to the result. The mediation of consumer disputes is subject to the obligation of confidentiality.
. The possible mediation procedure can be done by clicking on the following link :
Article 22.3 Jurisdiction
. The Parties elect domicile in their respective registered offices and domicile for the execution of the present CGUV.
. In the absence of amicable resolution of possible conflicts, and by express agreement between the Parties, disputes relating to the use of the Site as a whole, to these General Conditions of Use and Sale, concerning their validity, interpretation, execution, consequences and consequences, will be subject to the exclusive jurisdiction of the French courts:
- when no specific mandatory provision is applicable, to the jurisdiction of the courts of the place of the Provider's registered office.
- in all other cases, the jurisdiction of the court is determined by the applicable mandatory provisions and according to the case in question (place of residence of the claimant, receipt of the goods, etc.).