LEGAL NOTICES - GENERAL TERMS AND CONDITIONS OF SALE
Original Map® is a trademark registered with the National Institute of Industrial Property and the world maps, and belongs to Original Map®, a simplified joint stock company with a capital of 8,000 euros, registered with the Commercial and Companies Register of Lyon under No. 831 937 826 R. C. S. Lyon.
Head Office: Original Map – 42, Rue Tronchet – 69 006 Lyon (France)
Intracommunity VAT: FR 95 831937826C
Customer service: firstname.lastname@example.org
Original Map Phone Number: +33 9 53 57 57 63 71
Publication manager: S. HAMADI
Host: SG Hosting Inc.
901 N. Pitt St, Suite 325
Alexandria, 22314 VA (USA)
Site Ground telephone: +33 805 080522
Site declared to the CNIL under number 2103697
GENERAL TERMS AND CONDITIONS OF SALE
The website www.originalmap.us (hereinafter referred to as the “Site”) is published by ORIGINAL MAP, which is the owner in its entirety, as well as all the rights relating to it. Any reproduction, in whole or in part, is systematically subject to the authorization of the owners. However, hypertext links to the site are allowed without specific request.
These general conditions of sale are the only ones applicable and replace all other conditions, unless otherwise agreed in advance, expressly and in writing. ORIGINAL MAP may from time to time modify some of the provisions of its general conditions, so it is necessary that they be reviewed before each visit to the Site. These modifications are enforceable from the time they are put online and cannot apply to contracts concluded previously. Each purchase on the Site is governed by the general conditions applicable on the date of the order.
- Definitions of the terms
“Order”: refers to the Customer’s purchase order for one or more Products placed through the use of the Site or through Customer Service;
“Site”: refers to the website accessible at www.originalmap.us published by ORIGINAL MAP;
“Product”: refers to a product offered for sale on the Site;
“Customer”: refers to a major consumer who uses the Site and acquires one or more Products, for his or her personal needs, through the Site by having previously adhered to the General Terms and Conditions of Sale.
- Acceptance of the conditions
ORIGINAL MAP considers that by validating his Order, the Client acknowledges having read the General Terms and Conditions of Sale set out on this screen and accepts them without reservation in their entirety. These General Terms and Conditions of Sale shall prevail over all other conditions contained in any other document, unless otherwise agreed in advance, expressly and in writing. In the event of disagreement with the terms and conditions of the General Terms and Conditions of Sale, the Customer must not use the Site.
The photographs illustrating the Products do not fall within the scope of the contract. If errors or slight differences have occurred for technical reasons (photographic and/or computer), ORIGINAL MAP cannot be held liable under any circumstances.
4.1 By navigating through the various sections of the Site, the Customer can place the Products of his choice in his shopping cart by clicking on the “Add to Cart” button. At any time and until the global order is confirmed, the Customer may change his mind, change the quantities and cancel one or more of the selected Products.
Once the content of his shopping cart has been validated, the Customer must:
– complete all the requested information;
– declare to accept without reservation all the General Terms and Conditions of Sale.
After having filled in or modified this information and subject to having expressly accepted the General Terms and Conditions of Sale, the Customer will finalize his order by clicking on the “Confirm order” button on the payment page.
4.2 Any information on the Products may be given, and any Order may also be placed by the Customer, directly with Customer Service at +33 9 53 57 57 63 71.
4.3. Automatic registration systems are considered as proof of the nature, content and date of the Order. ORIGINAL MAP confirms as soon as possible the acceptance of its Order to the Customer at the email address that the Customer has provided. The sale will only be concluded once the Order has been confirmed.
ORIGINAL MAP reserves the right to cancel any Order from a Customer with whom there is a dispute relating to the payment of a previous Order or an unspecified address.
The information stated by the Customer, at the time of the Order, is binding on the latter: in the event of an error in the wording of the details of the Customer (or recipient if the latter is a different person) of the Product ordered, ORIGINAL MAP cannot be held responsible for the impossibility in which it may be possible to deliver the Product.
In the event that a Product ordered by the Customer is unavailable due to a stoppage of production or distribution by a supplier, ORIGINAL MAP undertakes to inform the Customer by e-mail as soon as it becomes aware of this unavailability and of the delivery time to be added to the initial period.
5.1. Shipping location
The Products will be delivered to the delivery address indicated by the Customer during the Order. If among the Products there are Accessories (as opposed to Maps), the latter are sent only by post. The Customer must ensure that he receives the Product himself, or via a person of his knowledge, so that there can be a signature on the carrier’s voucher. Without signature, the Customer will be held responsible for any damage to the Product if any, and no claim will be possible. In the case of delivery by private carrier, the carrier is not required to deliver inside the Customer’s or consignee’s home and may deliver the package to the entrance of the building or house. It is therefore advisable to help carry the package inside the home. ORIGINAL MAP ensures the delivery of Orders in the following countries and territories: United States, Canada, South Africa, Australia, New Zealand, Iceland, Singapore, Hong Kong, Austria, Belgium, Croatia, Denmark, France, Germany, Italy, Luxembourg, Monaco, Netherlands, Portugal, Romania, Spain, United Kingdom.
5.2. Shipping deadlines
ORIGINAL MAP undertakes to deliver the ordered products within a maximum period of thirty (30) working days from the confirmation of the Order. If the maximum time limit is exceeded, the Customer may request the cancellation of the Order and request a full refund from ORIGINAL MAP within thirty (30) working days.
5.3. Late delivery
Any delay in manufacture by ORIGINAL MAP suppliers does not give rise to any compensation or interest. A delay in delivery can in no case give right to any compensation or penalty whatsoever. We invite you to inform us of any delay in delivery of more than seven (7) days in relation to the delivery date scheduled during the Order process in order to enable us to start an investigation with the carrier. Investigation times may vary from one (1) to three (3) weeks, depending on the carrier. If during the investigation period, the package is found, it will be sent immediately to your delivery location. During this investigation period, no refunds, credit notes or returns of goods will be made. By express agreement, a case of force majeure (lockout, strike, work stoppage at ORIGINAL MAP or its suppliers, service providers, epidemics, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, preventing the manufacture or import of the goods…) cannot be attributed to ORIGINAL MAP. ORIGINAL MAP will keep you informed of the cases and events listed above, without any obligation to compensate or refund. In all cases, timely delivery can only take place if the Client is up to date with his obligations towards ORIGINAL MAP.
5.4. Delivery problem from the carrier
If, at the time of delivery, the external appearance of the package is not perfect, the Customer or the recipient of the Products will open the package in the presence of the carrier in order to check the condition of the Products. If the Customer or the recipient does not personally receive the package, ask the person in charge of receiving the package to do this verification. The Customer or a third party must therefore check the condition of the package, and if necessary, of the Product itself in front of the carrier. In the case where the Product is a brushed aluminum board, and given their fragility, it is mandatory for the person who receives the package to open it in front of the carrier to check its contents. In case of damage resulting from transport, the Customer or recipient must refuse the package by stating the problem encountered, then contact ORIGINAL MAP customer service the same day. An accepted package extinguishes any action against the carrier or ORIGINAL MAP for damage to the Product.
In accordance with Article L.121-16 et seq. of the Consumer Code, the Customer or recipient has a period of fifteen (15) working days from the date of delivery of his Order, to return any Product that does not suit him and request an exchange or refund without penalty, with the exception of return costs.
In the event of an exchange or refund, the Product must be returned new in its original packaging, intact, and accompanied by all possible accessories. Any Product returned incomplete, damaged, damaged, deteriorated, soiled, even partially, will not be refunded or exchanged. The Product must be returned to the following address:
42 Rue Tronchet
In the event of exercise of the right of withdrawal, ORIGINAL MAP is required to refund the sums paid by the customer, without charge, apart from return shipping costs. If the right of withdrawal is exercised for only part of the Order, only the price invoiced for the returned Products will be refunded. The refund is due within a maximum period of thirty (30) days, as provided for in Article L. 121-20-1 of the Consumer Code.
7.1. The price indicated on the Site is expressed in euros, all taxes included. The price indicated on the product sheets does not include transport. The price indicated in the order confirmation is the final price, expressed inclusive of all taxes and including VAT for France and EEC countries. This price includes the price of the products, handling, packaging and storage costs, transport and commissioning costs.
7.2. ORIGINAL MAP has the right to modify the prices at any time and without notice but the price applicable to the Customer’s Order will remain the one indicated in the summary of his shopping cart during the validation of his order. The prices displayed online or resulting from the Order are guaranteed, unless they are derisory compared to the actual selling price of the Product, due to an error or technical malfunction, or computer bug.
The price invoiced to the Customer is the price indicated on the Order confirmation sent by ORIGINAL MAP. The price of the products is payable in cash on the day of the actual Order. The Order is not shipped until payment is made.
8.2. Methods of payment
Payment is made by credit map bearing the acronym CB. The transaction is secured thanks to the STRIPE platform (certified PCI level 1, the highest level of security), the PAYPAL platform which uses the 3D Secure protocol. Payment is made directly on the bank’s secure platform (at the end of the ordering process in “my shopping cart”) and ORIGINAL MAP does not have access to bank information.
This contract is subject to French law. ORIGINAL MAP cannot be held liable for any damage of any kind, whether material or immaterial or physical, that may result from improper operation or use of the Products. The same applies to any modifications to the Products resulting from manufacturers. ORIGINAL MAP’s liability shall, in any event, be limited to the amount of the order and shall not be held liable for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the Products. In the event of difficulties in the application of this contract, the Client has the possibility, before any legal action, to seek an amicable solution, in particular with the help of: a professional association in the sector, a consumer association or any other counsel of his choice. It is recalled that the search for an amicable solution does not interrupt the “short period” of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that, as a general rule and subject to the assessment of the courts, compliance with the provisions of this contract relating to the contractual guarantee presupposes that the Client honours its financial commitments towards ORIGINAL MAP.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the person who takes the trouble to explain his situations. In the event of a dispute, the Client shall first contact ORIGINAL MAP to obtain an amicable solution.
Failing this, the Lyon Commercial Court has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
In all cases ORIGINAL MAP cannot be held liable for non-compliance with the regulatory and legislative provisions in force in the country of receipt, ORIGINAL MAP’s liability is systematically limited to the value of the product in question, value on its Order date and this without any possibility of recourse to ORIGINAL MAP.
In any case, the Client benefits from the legal guarantee of eviction and hidden defects (Art. 1625 and following of the Civil Code). On condition that the Client proves the hidden defect, ORIGINAL MAP must legally repair all its consequences (art. 1641 et seq. of the Civil Code); if the Client applies to the courts, he must do so within a “short period of time” from the discovery of the hidden defect (art. 1648 of the Civil Code). The Customer can contact the customer service by email at: contact [at] originalmap [point] us.
- Protection of personal data
11.1. Data collected
ORIGINAL MAP collects on the Site personal data concerning its Customers, such as Name, Postal Address, Telephone Number and E-mail Address. This data is collected, including through cookies, as is the case with all e-commerce sites. Customers can disable cookies by following the instructions provided by their browser.
ORIGINAL MAP may also collect information about the interactions of the Customer’s device with the Site, including the pages visited and links activated, but also the type of browser, and the operating system of the Customer’s device.
11.2. Use of collected data
The first data collected by ORIGINAL MAP is mandatory in order to process and forward Orders placed on the Site, and may be used to analyze orders and send newsletters, promotional offers and/or information on special sales, unless the Customer no longer wishes to receive such communications from ORIGINAL MAP. Failure to provide this information will result in the non-validation of the Order. The Client’s data are kept confidential by ORIGINAL MAP in accordance with the law. The data may be communicated, in whole or in part, to ORIGINAL MAP service providers involved in the ordering process. In addition, ORIGINAL MAP may also communicate this data in response to an injunction from the judicial or administrative authorities.
The second type of data collected by ORIGINAL MAP allows us to better diagnose problems with the server and administer the Site, as well as to understand visitors, where they come from and what content is of interest to them.
11.3 Confidentiality, protection and rights
The database set up by ORIGINAL MAP for this purpose has been declared to the CNIL, in accordance with the requirements of the French Data Protection Act.
In accordance with Law No 78-17 of 6 January 1978 on data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), ORIGINAL MAP ensures the implementation of the rights of the persons concerned.
It is also specified that ORIGINAL MAP does not control websites that are directly or indirectly linked to the Site. Consequently, any liability for information published in it is excluded. Links to third party websites are provided for information purposes only and no warranty is given as to their content.
It is recalled that the Customer whose personal data are processed has the right to access, rectify, update, portability and delete information concerning him/her, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Individuals (RGPD).
In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the DGPS, the Client may also, for legitimate reasons, object to the processing of data concerning him/her, without reason and without charge.
The Customer may exercise his rights at any time by sending his request to ORIGINAL MAP (indicating e-mail address, surname, first name, postal address), by e-mail to the following address: email@example.com or by post to the following address:
42 Rue Tronchet
11.4. Data retention
ORIGINAL MAP keeps the personal data of its Customers for the time necessary to achieve the objectives set out on this screen, unless a longer retention period is required or authorised by law for legal, fiscal, regulatory or other reasons.
- Intellectual Property
The Site and all intellectual property rights related to its design, textual, graphic, musical and sound content, the selection of these elements and their organization belong to ORIGINAL MAP.
The law of 11 March 1957, authorizing, at the end of paragraphs 2 and 3 of Article 41, on the one hand, only “copies or reproductions strictly reserved for the private use of the copyist and not intended for collective use”, and, on the other hand, that analyses and short quotations for the purpose of example and illustration, “any representation or reproduction, in whole or in part, made without the consent of the author or his successors or assigns, is illegal” (first paragraph of Article 40).
This representation or reproduction would therefore constitute an infringement punishable by articles 425 and following of the Penal Code.
Consequently, the total or partial reproduction of the Site on any medium whatsoever without the consent of ORIGINAL MAP is prohibited, except with the written consent of its manager.