1. OBJECT

These General Conditions of Sale (GCS) void and supersede any terms of sale and service previously issued and communicated by Seller as well as any other document containing any contractual warranties. Seller reserves the right to unilaterally modify these GCS at any time, in which case these modifications shall apply to any Order placed after the date of modification. 
The mere act of placing an Order implies the express acceptance, unreservedly, by the Purchaser, of all the clauses and conditions of these GCS.

The information displayed on ARTICQUE website, catalogues, instructions, prices and pro-formas are provided for reference only and ARTICQUE can change it at any time and without notice.
ARTICQUE makes a point of providing the most detailed and clear information about products and services it displays. However, the customer is responsible for the final choice of the product or service. It is up to the customer to seek advice from ARTICQUE or from any other person of his choice.

The present General Conditions of Sale respect the Directive 97/7/CE of 20 May 1997 on the protection of consumers in respect of distance contracts as much as the ordinance of 23 August 2001 (Ordinance n°2001-741 for transposition of Community directives and adaptation of law).

2. PRICES

Prices are indicated in Euros, and are tax-exclusive.
For physical products, prices are tax-exclusive and do not include shipping costs.
ARTICQUE reserves the right to change prices at any time without prior notice but commits to apply the rates applicable by the time the order has been placed.
Outside the European Union or the French overseas administrative departments and territories, and according to the applicable legislation in the delivery area, taxes can be claimed to the Client. ARTICQUE applies VAT French and European laws related to downloadable goods.

The final invoice includes the detail of the price for each product with, when applicable, the amount of the VAT calculated from the price without tax and included in the ATI price.

3. ORDER

The automatic registration systems are considered as proof of the nature, the content and the date of the order. ARTICQUE confirms acceptance of the order at the email address provided by the customer.

Any orders signed by the Client through means of a double-click with a mouse constitutes an irrevocable acceptance that can only be questioned within the limits of the general conditions of sale here present or customer withdrawal rights or if the product is out of stock.
The double-click associated to the authentication and non-repudiation process and to the integrity of the messages constitutes an electronic signature. For both parties, this electronic signature has the same value as a written signature.

The order’s confirmation date is the date on which

  • The online credit card payment was carried out.
  • The Client’s cheque has been received
  • The Client’s money transfer has been confirmed by our bank

All information given by the Client during the registration of the order engages the client: in case of error in the contact information details, ARTICQUE will not engage its liability in case of non-delivery of the product or for any associated prejudice.

In case of dispute, the Client will have to provide evidence of his good faith regarding the elements set forth.

4. PAYMENT

The Client will pay for orders with one of the following payment methods:

  • Credit Card: Visa, Mastercard, French Carte Bleue. The products are immediately available once the card has been debited.
  • Cheque: Only euro cheques drawn on a bank settled in France or Monaco are accepted. The order is accepted after receipt of the cheque.
  • PayPal: The payment via PayPal enables an immediate delivery
  • Bank Transfer: Only bank transfers in Euros are accepted. Our bank information appear at the order confirmation should the Client choose this payment method.
    Please mention the order form number as a reference for the bank transfer.

ARTICQUE reserves the right to not honor an order or a delivery should the Client had failed to pay totally or partially a previous order, or should a payment litigation be in progress.

5. DELIVERY

The delivery mode is clearly indicated on the web site, from the catalogue, the product sheet and the checkout. For physical products (CD-ROMs), the delivery will be made at the address entered by the Client during his registration. By default, it will be the main address unless the Client specified another delivery address when asked.

The deliveries are made by la Poste as letters or parcels according to the weight and volume of the goods. The goods will be delivered within a week for European countries, and within a maximum of 6 weeks for other countries.

Any claim about the delivery state of the goods must be sent by registered letter and receipt notification within 72hours after receipt of the order.

6. RETURNS

For physical products (hard goods), the Client can invoke a 7-day cancellation period.

Should the Client cancel his order, with a preliminary agreement from the Customer service of ARTICQUE, he must send the products back by postal mail mentioning his first and last name and order form number to the following address:

ARTICQUE – Customer relations
149 Avenue du Général De Gaulle
37230 Fondettes
France

Due to their nature, this right of return cannot be invoked for downloadable products.

7. LICENSE,TERMS OF USE AND DISTRIBUTION OF CARTOGRAPHICAL PRODUCTS

Articque and/or its partners,acting in its quality of author, remains owner of any electronic files together with their cartographic and geographic contents.

Any partial or whole reproduction or representation for any other use on any media whatsoever is forbidden,except for prior and express authorization by the company Articque. All rights reserved.

After analyzing the project and if accepted by Articque , any use of the electronic file together with its cartographic content, even modified, will have to mention clearly the ARTICQUE copyright as follow "© ARTICQUE - année de réalisation".

Any other use than described above or stated in the License Agreement is prohibited and likely to incur the user's liability.

8. INTELLECTUAL PROPERTY

The software licenses of exploitation distributed by ARTICQUE granted to the Clients are non exclusive, personal and non-transmittable, to meet requirements of the Intellectual Property Code.
In any case, the Client commits himself to respect the property right that the author has on his work.

9. CLAIMS AND AFTER SALE SERVICE

For any claim or information concerning downloadable product or physical delivery, please contact ARTICQUE by the mean of the form available on www.mapanddata.com or by mail at the following address:

ARTICQUE – Customer relations
149 Avenue du Général De Gaulle
37230 Fondettes
France

Under articles 38 to 40 of the French law of January 6th 1978 addressing digital data and personal information, you are entitled to access any information referring to you. If you want to modify, edit or delete them, you can contact us at the above address.

10. SECURING TRADE OPERATIONS

To prevent from any fraudulent use of your bank data, ARTICQUE uses an SSL secured payment system, certified by Thawte. Your account information are encrypted and routed to our bank (BPVF). For safety reasons, ARTICQUE does not store bank data at any time during the transactions made on its servers.

11. LIMITATION OF LIABILITY

ARTICQUE cannot be held responsible for damages of all nature, material, immaterial or corporeal, that could result from the bad use of the products and services sold on this web site.

ARTICQUE, or its suppliers, cannot be held responsible for direct or indirect damages, including shortfall, exploitation or turnover losses, business interruption or any other monetary losses that should result from the use or the impossibility to use the products, cartographic services or services purchased on this web site or from the way those services were provided and even if ARTICQUE or its suppliers was advised of the possibility of such damages. ARCTICQUE and its suppliers will not be responsible for any complaint coming from a third party.

ARTICQUE’s liability will be limited to the amount of the order and will not be engaged for simple errors or omissions which can happen in spite of all the precautions taken during the products presentation process.

In case of complete or partial non-performance of the General Conditions of Sale by the Client, ARTICQUE can suspend or terminate the delivery or the performance of its contract without prejudice of later compensation request.

12. DISPUTE RESOLUTION

This contract is subject to the French Laws.

Complaints or claims will always be treated with attention. In case of dispute, the Client will contact ARTICQUE first in order to find an amicable arrangement.

If the parties do not reach any amicable agreement, the Commercial Court of Tours will be competent, whatever the agreed place of delivery and payment method.

13. COMPANY LOCATION

ARTICQUE
149 Avenue du Général De Gaulle
37230 Fondettes
France

Phone : +33 (0)2 32 82 39 13
Fax : +33 (0)2 47 49 91 49
Mail : info@mapanddata.com
Website : http://www.mapanddata.com/