Terms of sale
TERMS AND CONDITIONS
You are connected to the official website of “Mappemode” company.
Prior to any order placed for a product found on zins.com, you should read these following terms and conditions.
You can only order a product if you have agreed to all of the terms laid out below.
All orders are exclusively governed by these terms and conditions, to the exclusion of all others terms of purchase.
The "approval click" that you make once you have completed your order form amounts to the approval of your order and shall constitute your irrevocable acceptance of these Contract Terms and Conditions. It will express your firm agreement to contract with “Mappemode” for all products you may have selected, respecting your right of withdrawal as referred to in Article 16.
PREAMBLE
The online shop offers a range of products by the company “Mappemode”.
The shop contains the following information:
COMPANY ID
14 rue de Birague (headquarters)
75 004 Paris
France
N°SIRET : 477 914 816 000 38
TVA intra : FR 70 477 914 816
SAS with capital of 8 000 euros
Phone : (33) (0)1 42 77 02 20
E mail : commercial@zins.com
· Presentation of the main characteristics of the goods and services offered
Indication of the price, inclusive of tax, of the goods and services in French currency, for European Union countries. For non-European Union countries, prices are shown exclusive of tax and shipping.
· Indication of payment methods, delivery and performance
· Existence of a right of withdrawal
· Period for which the offer and the price remain valid
All of the information contained on is in French. However, the client may opt for a display in English of the shop and catalogue.
The client acknowledges that they have read these terms and before placing an order.
Moreover, the client states that he is fully legally entitled to commit to the following terms and conditions.
1- OBJECT
The purpose of the general terms contained herein is to set out the rights and obligations of the parties for distance selling of goods via the “Mappemode” online shop.
2- GEOGRAPHIC AREA COVERED BY THE OFFER
The geographic area covered by the offer of the “You Talking To me” shop is as followed:
Zone 1 : Europe and Switzerland
Zone 2 : Eastern Europe (countries outside the EU and Russia)
Zone 3 : North America
Zone 4 : Asia
Zone 5 : Africa, Central America /West Indies et South America
3- CONTRACT DOCUMENTS
The present contract is formed by the following documents, in decreasing order of legal value:
• these general terms and conditions
• the order form
We have taken great care in presenting the products on our website as accurately as possible. However, the images you see will depend on your monitor's display and colour capabilities. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise.
4- PLACING AN ORDER
Any order form signed by the customer by an "approval click" shall constitute an irrevocable commitment, which may not be challenged except in these cases envisioned in the present contract, in the articles “Right of withdrawal” and "Carrying out the order".
5- ACCEPTANCE OF YOUR ORDER
Shortly after you have placed an order, an email will be sent to you acknowledging the exact details of your order. This email is not an order confirmation or order acceptance from «Mappemode».
Order acceptance and the completion of the contract between you and «Mappemode» will take place when your order is dispatched, unless you have cancelled the order in accordance with the Order Cancellation instructions set out below. Non-acceptance of an order may be a result of one of the following:
* The product you ordered being out of stock - see Product Availability
* Our inability to obtain authorisation for your payment
* The identification of a pricing or product description error
* Failure to meet the eligibility to order criteria set out in the Terms and Conditions
6- DURATION OF THE OFFER
Offers contained on the website are valid as long as the products shown hereon remain online and until stocks are exhausted.
7- PRICE - INVOICE
Prices are expressed in Euro. Amounts expressed in US dollar or in other currencies are for information only. The exact amounts willdepend on the dollar exchange rate or the relevant currency at the time of payment.
The price guaranteed to the customer is that which is in effect on the website at the moment the order is placed.
The price fixed at the time of purchase is firm and final. It does not take into account delivery costs, which are billed extra and specified in the order confirmation.
For deliveries within the European Union, prices take into account the VAT applicable on the date of the order.
No other customs duty or VAT will have to be paid if the goods are to be delivered within the European Union. Any change to the applicable V.A.T rate will automatically come into effect on the price of products shown on the catalogue.
For deliveries outside the European Union, the Customer is solely responsible for customs taxes and formalities, unless otherwise specified.
An invoice wille be issued by “Mappemode”. The client shall specify the address to which the invoice must be sent.
8- PAYMENT
Payment must be made in full at the time of ordering.
The client undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the website. It is also his responsibility to pay or to arrange payment for customs duties, VAT or other taxes arising from importing products into the destination country.
We accept payment by Visa, Mastercard and Paypal. Please note that « Mappemode» does not accept cash, cheques or gift vouchers as payment online.
When approving the order form, the client ensures « Mappemode» that he has all authority needed to use such a method of payment by credit card.
9- DEFAULT ON PAYMENT - RETENTION OF TITLE
The products ordered remain the property of “Mappemode” until the payment is fully made in accordance with the French law n°80 335 of May 12,1980. "Mappemode" reserves the right to claim merchandise which has been sold but not yet paid for (either in whole or in part).
In this case, and at the first request by “Mappemode”, the customer commits himself to return any unpaid product, bearing all expenses.
10- TRANSFERT OF RISK
Risks are transferred to the customer as soon as “Mappemode” gives the products to the carrier. All our products, even those shipped carriage paid, travel at the risk of the recipient.
Customer is responsible for the merchandise as its protector during the period of retraction mentioned in Article 16. The customer will be held responsible, in case the product is damaged or destroyed over this period.
11- CARRYING OUT THE ORDER
The order shall be carried out within the timelines specified on the website and when the order is confirmed by “Mappemode” and in any case no later than 45 working days after the order has been confirmed, to the limit of available stock and unless otherwise agreed.
In case of shortage of stock or of unavailability of the product ordered, “Mappemode” undertakes to inform the customer as quickly as possible and to specify when the product is available.
The customer shall confirm by e-mail whether he wants to wait until the product is available or if he wants to have a refund.
12- DELIVERY
The geographic area of delivery matches the geographic area covered by the offer.
Orders will be sent to the address indicated by the customer on the purchase order.
The goods shall be deemed to have been delivered as soon as they have been given to the carrier.
The delivery note given by the carrier, dated and signed by the client upon delivery will constitute evidence with regard to transport and delivery.
The client shall check the content of the parcel, the conformity and the condition of the product(s) delivered.
In the event of delays, damages, total or partial losses, or any problem whatsoever, the customer shall be responsible for exercising all claims against the carrier.
« Mappemode » shall not be held liable.
Therefore, “Mappemode” advises the client to check the condition of the products upon delivery and before signing the acknowledgement of receipt of the parcel.
If the customer notes any damage he shall reject the products or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three 3 working days following the delivery date of the products. A copy should be sent to « Mappemode ».
13- FORCE MAJEURE
It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by the case law in France,
- Total or partial strikes, lock-outs, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially internet.
Should a case of force majeure occurs, the fulfilment of the order will in a first step be suspended.
If over a period of three months the parties notice that the case of absolute necessity still keeps on going, the order will be automatically cancelled.
14- DELIVERY OF PRODUCTS IF THE CUSTOMER IS ABSENT
Should the customer be absent at the moment of delivery, a notification will be deposited by the carrier at the delivery address specified by the customer. Products should be collected at the address and according to the conditions specified by the carrier.
If after the period indicated by the carrier, the customer has not collected the products he products will be returned to “You Talking To Me” who reserves the right to refund the price of the items, with the shipping costs remaining at the customer's expense.
15- CLAIMS
Claims for non conformity of the product or products delivered with the order must be made in writing directly to “You Talking To Me”, immediately upon receipt. The customer must keep original packaging and the delivery note for the product purchased.
If the wrong product has been sent, the customer commits himself to return the product(s) within 14 days of receipt to « Mappemode » provided that they are returned unopened, in their original state and packaging with their accompanying documents.
The product initially ordered will be sent back to the customer to the company‘s expense as soon as “Mappemode” receives the product in due form.
16- RIGHT OF WITHDRAWAL
The client has up to 7 working days from the delivery date to return the item at his/her expense, for an exchange or reimbursement of the products that are not acceptable under the article L 121-16 of the Consumer Code.
If this period expires on a Saturday, a Sunday or a bank holiday, or other non working day, it will be extended to the first working day thereafter.
The product must be returned in its original state and packaging. It must not have been used nor suffered any deterioration, however minimal, and must be perfectly clean.
This right to withdraw your order will be exercised without any penalty except for the return shipping cost.
The customer will be reimbursed within the time limit of maximum 30 days following the delivery. He shall therefore give “You Talking To Me” his bank account details.
17- PERSONAL DATA AND USER RIGHTS
"The personal data that can be collected on the Site are the following:
(If necessary) Account / profile creation: your name, first name, date of birth, postal address, e-mail address, telephone number and your login details are registered during the creation of your account / profile.
(If necessary) Connection to the site: on this occasion, are notably recorded, your data of connection, navigation or localization.
(If necessary) Payments on the site: in the event of a financial transaction on the site, your bank details or your credit card details are saved.
(If necessary) Contact: When filling in the contact form, your name, email address and message are collected.
Cookies: Cookies are used to collect certain information (your IP address, information relating to the computer used for navigation, the mode of connection, internet browser version, operating system. You can disable Cookies from your browser settings.
The uses of your personal data are mainly as follows:
• access and use of the site;
• verification and authentication of your data;
• optimization of the layout and operation of the site;
• fight against fraud, misuse, viruses and other malware;
• relationship management with you;
• (if applicable) providing user support;
• (If applicable) Payment Services Management;
• (If applicable) providing personalized content and services, based on your browsing history, preferences and interests;
• (If applicable) sending commercial information and advertising messages, depending on your browsing history, preferences and interests.
When certain information is required to access specific features of the Site, this mandatory character is indicated at the time of data entry. If you refuse to provide mandatory information, you may not have access to certain services, features or sections of the Site.
Your personal information is kept as long as necessary for the provision of our products and services, and in a timely manner:
Data processing
Zins customer account
Newsletter subscription
Sale in shop
Data concerned
Identity, orders,
contact, navigation data, cookies
Identity, orders,
contact
Data retention period
Customer data: 8 years from the last customer login
Cookies: 13 months maximum
3 years from the last client interaction on newsletters (open / click)
10 years from the last customer interaction in store
During this period, the Site sets up the organizational, software, legal, technical and physical means capable of ensuring the confidentiality and security of your personal data, so as to prevent their damage, erasure or access by unauthorized third part. Access to your personal data is strictly limited to Mappemode employees, who are authorized by reason of their duties and who are bound by confidentiality. However, the collected data may possibly be communicated to subcontractors contractually responsible for the execution of the tasks necessary for the proper functioning of the Site and its services as well as for the proper management of the relationship with you, without you need give your permission. It is specified that, in the context of the performance of their services, the subcontractors have only limited access to your data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the subject. Apart from the cases stated above, Mappemode will not sell, rent, assign or give access to third parties to your data without your prior consent, unless forced to do so by reason of a legitimate reason ( legal obligation, fight against fraud or abuse, exercise of the rights of the defense, etc.).
In accordance with the applicable legal and regulatory provisions, in particular the law n ° 78-17 of January 6th, 1978 modified relating to the computing, the files and the freedoms and the European regulation n ° 2016/679 / UE of April 27th, 2016 (applicable as of May 25, 2018), you have the following rights: •
(If applicable) Update or delete your data by logging into your account and configuring its settings;
• exercise your right of access, to know the personal data that concern you;
• Ask for the update of your data, if they are inaccurate;
• Request the portability or deletion of your data;
• (If applicable) Request the deletion of your account;
• oppose, for legitimate reasons, the processing of your data;
• (If applicable) To oppose or withdraw your consent to the use, by our services, of your details for the sending of our promotions and requests via e-mails, SMS messages, telephone calls and postal mails. This right remains valid that the information about you has been transmitted directly by you or by third party partners to whom you have communicated (in this case, it will be necessary to click on the unsubscription links provided in our SMS or e-mails or contact us in the conditions below). These different rights are to exercise (adapt, if necessary) or by changing the settings of your account, or by mail to the following address: Mappemode, 14 rue de Birague, 75004 Paris, or by email to the following address : privacy@zins.com. For security reasons and to avoid any fraudulent request, this request must be accompanied by a proof of identity. The proof will be destroyed once the request has been processed. For any additional information or complaint, you can contact the National Commission of Computing and Freedoms (more information on www.cnil.fr).
During the consultation of the Site, Cookies are deposited on your computer, your mobile or your tablet. A cookie is information posted on your navigation device by the server of the visited site. Some parts of the Site may not be functional without the acceptance of cookies by the user. The information collected by this means will only be used to track the volume, type and configuration of traffic using this site, to develop the design and layout and for other administrative and planning purposes and more generally to improve the service we offer you. This information will not, unless agreed by you, be kept for more than 13 months. You have the option to disable Cookies from your browser settings.
18- ELECTRONIC SIGNATURE
The « approval click » constitutes an electronic signature.
The electronic signature, among the parties, has the same value as a hand written signature.
19- PROOF
Computerised registers kept in « Mappemode »’s computer systems in reasonable security conditions will be considered proof of the communications, orders and payments between the parties.
The filing of purchase orders and invoices is made on a reliable and durable backup media and can be produced as evidence.
20- INTELLECTUAL PROPERTY
« Mappemode » is the holder of the intellectual property rights to the site and of the right to distribute the items appearing in the online shop and of the “customize” optionon of the online shop, especially the photographs for which the necessary authorization have been obtained from the people involved.
Consequently, the partial or full reproduction on any medium whatsoever of typographic designs, of the elements constituting the site and the catalogue, the use of such elements and the fact to make them available to third parties are strictly prohibited.
21- ENTIRE AGREEMENT
The present Terms and Conditions document sets out the entire extent of the responsibilities of all parties.
The customer couldn't integrate other terms to these general terms of sale.
22- NON RENUNCIATION
Any one or more failure by “Mappemode” to enforce any provision of this Agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.
23- NULLITY
If any provision of these Terms are held to be invalidated or declared such under any law, regulation or following a final decision of a competent court, other stipulations shall remain in force to their full extent.
24- DISPUTE
This contract is subjected to the French law, both for the rules of substance and the rules of form.
In case of any dispute and In the absence of an out-of-court settlement between the parties, exclusive authority is granted to the courts with jurisdiction over the registered address of « Mappemode», notwithstanding a plurality of respondents or a guaranteed appeal, even for urgent proceedings or protective urgent or on-demand proceedings.