Article 1 - Purpose and scope
These General Conditions of Sale apply without restriction or reservation to all sales concluded by the Individual entrepreneur (EI) Gouny Tristan, registered in the RCS of TOULOUSE under the number 90365509000012, whose head office is located at 31230 Anan, to consumers and non-professional buyers wishing to acquire GPS coordinates of addresses for urban exploration on the website www.easyurbex.com, excluding all other conditions. They specify in particular the conditions of order, payment and delivery of the products ordered by the Customers. The products offered for sale on the website www.easyurbex.com are hypertext links that will redirect the Customer to google map allowing him to geolocate a certain number of addresses for the urbex.
These General Terms and Conditions of Sale are accessible at any time on the website www.easyurbex.com and will prevail, as the case may be, on any other version or any other contradictory document. The version of the General Conditions of Sale applicable to the purchase of the Customer is that in force on the website at the date of placing the order. Unless proven otherwise, the data recorded in the vendor's computer system is proof of all transactions with the customer.
The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure. The validation of the order by the Customer implies acceptance without restriction or reservation of the present General Conditions of Sale.
The Customer acknowledges having the necessary capacity to contract and purchase the Products offered on the website www.easyurbex.com.
Director of publication : EasyUrbex.
Website hosted by OVH 2, road Kellermann, 59100 Roubaix.
Article 2 - Order
It is up to the Customer to select on the website www.easyurbex.com the products he wishes to order according to the following modalities:
2.1 Take note of the present GTC, accessible on the website under the heading "general conditions of sale".
2.2 Select the products for which he is interested in the different packs proposed, by filling a "basket".
2.3 Consult his "basket" to check or, if necessary, change his selection, check the price of each product and the total amount of his selection.
2.4 Validate his "basket".
2.5 Fill in his surname and first name, his address, his e-mail address, his telephone number.
2.6 Confirm, by ticking the appropriate box, its acknowledgment and acceptance of these Terms.
2.7 Enter your credit card number, expiry date and last three digits on the back of your credit card near your signature (called "visual cryptogram" or "CVX code").
2.8 Respond to the request for confirmation of the transaction from his own bank, received on his own mobile phone, providing the latter with some information (name of his / her best childhood friend, etc ...) supposed to be known to him alone (security standard under "3D Secure" protocol, referred to as "verified by visa" or "MasterCard SecureCode").
2.9 Check the details of the order, its total price and correct any errors before confirming by clicking on the "confirm your order" icon.
2.10 In the moments that follow, the customer will receive an e-mail worthy acknowledgment of receipt and validation of his order by the seller.
2.11 The seller can not be held responsible for errors committed by the Customer when buying online.
2.12 Any order placed on the website www.easyurbex.com is the formation of a contract concluded at a distance between the customer and the seller. The sale will be considered final after sending the customer confirmation of acceptance of the order by the seller by email and after receipt by the latter of the full price.
Article 3 - Right of retractation of the consumer
In accordance with Article L 221-28 of the Consumer Code, the right of withdrawal can not be exercised for contracts for the supply of digital content that is not provided on a physical medium that has begun to be executed with the prior express agreement of the consumer and renouncing his right of withdrawal.
In application of the third paragraph of Article L221-9 of the Consumer Code: "The contract mentions, where appropriate, the express agreement of the consumer for the supply of digital content independent of any material support before expiry the withdrawal period and, in this case, the renunciation of the latter to the exercise of his right of retraction ".
Similarly, pursuant to the second paragraph of Article L221-13 of the Consumer Code: "Where applicable, the trader shall provide the consumer, under the same conditions and before the expiry of the withdrawal period, the confirmation of his express agreement for the supply of digital content not presented on a physical medium and its renunciation of the exercise of the right of retraction ".
The Customer declares to accept the execution of the contract before the end of the withdrawal period and waive the exercise of his right of withdrawal by ticking the box provided for this purpose before the implementation of the order procedure.
Therefore, any order is firm and final.
Article 4 - Price and payment
4.1 All orders regardless of their place of issue are payable in euros.
Validation of the order entails the obligation for the customer to pay the price indicated by the total amount of the basket.
4.2 The products are supplied at the rates in effect on the website www.easyurbex.com on the day of the order's registration, minus any discounts, rebates and discounts applicable to the order.
They include all taxes (TTC) and management fees included. As regards VAT, the seller has opted for the basic VAT exemption. This means that he does not declare VAT, does not charge VAT and does not recover VAT. The amount of social security contributions is proportional to turnover.
These rates are firm and non-revisable during their period of validity, as indicated on the website www.easyurbex.com, the seller reserves the right, outside this period validity, to change the rates at any time, without notice.
In the case of individual gps coordinates, the products remain the property of the seller until full payment has been received. As far as the "maps" product is concerned, after the payment of the price, the seller still has the property of the maps. The licence of the map is sold, i.e. an unlimited right of access via the website of the seller.
4.3 A proof of payment will be automatically available to the Customer at the end of the transaction, on the order confirmation page and an invoice will be issued upon request.
4.2. Allowed online payment are : by credit card (Stripe services), by Paypal, by Bancontact and by IDeal. Payment is made the day of the placing of the order by the Customer by way of secure payment. Bank cards approved by the bank managing the payments made via the website www.easyurbex.com are bank cards bearing the "CB" mark and the "CB" cards, that is to say bearing only the "VISA", "MASTERCARD" or "AMERICAN EXPRESS" marks.
Article 5 - Verification and security of payments
5.1 The seller controls all orders that have been validated on his website. These controls are intended to guard against possible frauds. For this purpose, the seller may restrict or cancel certain sales presenting a potential or proven risk, due in particular to incidents of payments or fraud already noted against a bank card and / or its holder.
5.2 To ensure the security of payments, the website uses a secure payment service. This service integrates the SSL security standard: confidential data (the 16-digit bank card number and the expiry date, the last three digits on the back of the card, near its signature (called "cryptogram"). visual "or" CVX code ") are directly transmitted encrypted on the server of the bank without passing on the physical media of the vendor's server.
This service also integrates the security standard under the "3D Secure" protocol, referred to as "verified by visa" or "MasterCard SecureCode": the consumer must respond to the request for confirmation of the transaction from his own bank, received on his own mobile phone.
After the consumer has confirmed his order, a payment request is routed in real time on the secure electronic payment manager who sends a request for authorization to the bank card network. The e-payment manager delivers to the consumer an electronic certificate which will be worth proof of the amount and the date of the transaction.
5.3 In order to fight against fraud, including credit card, the seller reserves the right to use the personal data of the Customer to contact him, ask for the communication of his identity document and, where appropriate, to cancel the products ordered.
Article 6 - Delivery
Delivery is instant for all our digital products ("coordinates" and "maps"). The system is automated to allow access to products directly after purchase.
For the products named "coordinates", the ordered products are sent as a link by email (to the address indicated by the customer when ordering on the website www.easyurbex.com once the payment has been received). These products are in the form of a PDF file available for download.
With regard to the products named "cards", the products are in the form of a licence granted to the customer allowing him/her to access the content.
The seller undertakes to make its best efforts to deliver the products ordered within the times indicated above. However, these deadlines are given as an indication. If the products are not delivered within 10 days of the indicative delivery date, for any reason other than force majeure or the customer's fault, the sale may be cancelled at the customer's written request under the conditions set out in Articles L216-2, L216-3 and L241-4 of the French Consumer Code. The sums paid by the customer will then be returned to him at the latest fourteen days after the date of cancellation of the contract, to the exclusion of any indemnity or deduction.
Article 7 - Cancellation of orders
8.1. The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute over the payment of a previous order.
8.2. In case of cancellation of the order by the customer for any reason whatsoever after the formation of the sale, except the exercise of the right of withdrawal or force majeure, the total amount of the purchase will remain acquired to the seller for damages.
Article 8 - Exclusions of guarantee of the seller
8.1. The seller does not guarantee the addresses sold individually or in his maps. He is only a research facilitator.
8.2. It is also recalled that only GPS coordinates are sold and not the opportunity to visit the premises, the seller does not guarantee the accessibility of places. He does not own theses places.
8.3. The Customer is reminded that the GPS coordinates sold may correspond to abandoned, hidden or forgotten places. The practice of the urbex is a risky practice. Indeed, some abandoned places can be degraded and have traps that should not be neglected: unstable or brittle floors, sharp glasses, hidden holes, presence of animals or hostile people.
Article 9 - Responsability
9.1. The seller warns the Customer against these places. In any case, the seller can not be held responsible for the harmful material and / or physical and / or psychological consequences of the practice of Urbex by the Customer. This includes, without restriction, the deprivation of liberty or the death of the client.
9.2. The seller does not encourage you to enter properties without permission. If access to the premises is prohibited, the Customer is reminded that the authorization of the owner or guardians is necessary to enter. Indeed, breaking into private property or public places closed to the visit is punishable by law. The seller declines all responsibility for the consequences of entry without permission.
In any case, in the absence of authorization and in case of doubt, the Customer is not advised to enter a private property.
9.3. The seller does not encourage the violation of private property and advises against any infringement.
The responsibility of the seller can not be engaged in case of violation of private property or damage caused on this occasion.
9.4. The website www.easyurbex.com contains hypertext links that may link to other websites. The responsibility of www.easyurbex.com can not be held liable for the content of these websites if they contravene the legal and regulatory provisions in force.
Article 10 - Refund policy
10.1. The nature of the products sold (virtual products) and the system set up by the seller (automation) allows the customer to "consume" the product instantly after the purchase. For this reason, the grounds for refund are limited.
If the customer has a technical problem that does not allow him/her to enjoy/access the product, he/she is invited to contact the seller in order to solve this problem.
If the customer has purchased one or more expired coordinates (reasons may be: fire, renovation, new owner, destruction, etc...) the customer can request a refund or an exchange (exchange concerns products at the same price or at a lower price than the expired product).
10.2. The customer's request for a refund must be made using the form provided for this purpose in the "refund" tab.
For all refund requests, the customer undertakes to contact the seller using the refund form before initiating any form of dispute / refund via the following payment solutions: Stripe, Paypal, Bancontact and IDeal. This will allow an amicable solution to the problem encountered by the customer. Failing this, the seller reserves the right to refuse the refund request.
10.4. The customer is obliged to provide proof that the product is no longer current (photos, videos, press articles, etc.). The seller will not proceed with any refund or exchange without proof from the customer.
10.5. After studying the customer's request, the seller undertakes to respond within 72 hours. The request will be discussed by email and the seller may also ask to provide further evidence.
10.6. The reasons why the product(s) are out of date and the evidence provided by the customer are at the sole discretion of the seller.
Article 11 - Map items
11.1. This section of the T&C only applies to customers who purchase "maps", which is a particular product category.
EasyUrbex maps are limited distribution Google My Maps managed by EasyUrbex.
EasyUrbex map licenses are a service to provide access to a map created on Google My Maps by the vendor. The customer therefore gets access, and the seller still owns the maps after payment has been received.
These maps offer suggestions for the hobby of urban exploration (urbex) and other artistic activities or content. The maps do not offer any guarantee of access, nor do they offer 100% certainty that the locations indicated are (still) suitable for exploration. Furthermore, we do not give any guarantee on the condition and photographic value of these places (Refer to Article 8 - Exclusions of guarantee of the seller).
The seller reserves the right to modify the content of the "maps", even after the price has been received: these are updates that are implemented twice a month.
The seller is in no way the owner of the places shown on these maps.
11.2. When the customer purchases a map licence, he/she obtains unlimited access to view this map on the vendor's website, as well as free updates until 31 December of the year of purchase. For the year N+1 or the following years, the customer still has access to his map, but no longer benefits from free updates. To obtain new updates, the customer can go to the "Upgrade" tab and purchase the upgrade for his map, allowing him to obtain updates until 31 December of the year of purchase of this "Upgrade".
The customer can only access the map: in his customer account ("orders" or "purchased content") ; in the post-purchase page ; in the link received in his email address.
To use this service, the customer must have an internet connection. 3G/ 4G or WIFI (recommended).
Without an internet connection, the customer cannot access the purchased "map" products.
11.3. The price is unique. It does not correspond to the purchase of premises, but to the purchase of a service, namely a right of access and updates until 31 December of the year of purchase.
The price of EasyUrbex Maps licenses can be changed at any time.
11.4. The maps will remain online indefinitely and will be accessible 24 hours a day.
A new version will be available every year. The customer can upgrade voluntarily without any obligation. In year N+1 of the purchase, the customer still has access to the purchased map, but no longer benefits from the updates.
If the customer wish to continue to benefit from updates in year N+1 of the purchase, he will need to purchase an upgrade which is available in the "Upgrade" menu.
Upgrades are a separate product that the customer must purchase. To do so, they must also fill in a form in the product. This allows the seller to manually check whether the customer has purchased the previous version of the map. If the customer indicates that they have purchased the previous version when they have not, the order will be cancelled by the seller.
11.5. No refunds are possible once payment has been received. The customer receives the product automatically and immediately after the purchase. Virtual products for instant consumption are not subject to refund.
If the customer makes a claim by a payment method such as Paypal, Ideal or Bancontact, access to the purchased product is automatically suspended until a decision is made on the dispute. We invite our customers to contact us before a dispute is opened. In this way, the customer and the seller can communicate to find an amicable solution to the problem encountered. Failing this, the seller reserves the right to refuse the refund request.
The seller has implemented exceptions to the no refund rule:
- If the map is replaced for any reason by the seller, the seller undertakes to compensate the customer (e.g. free access to the replacement map) or to refund him/her.
- Any technical problem that does not allow the customer to access the product.
- The product does not match the description. Under no circumstances are "out of date" locations a valid reason. The map licence service is a service to facilitate the search for abandoned places. Access to a map with GPS coordinates that may lead to abandoned places is sold. No guarantee is sold that these GPS coordinates will undoubtedly lead to an abandoned place at the time of the client's visit (Refer to Article 8 - Exclusions of guarantee of the seller).
11.6. In any event, the seller cannot be held responsible for any material nuisance and/or physical and/or psychological consequences of the customer's practice of Urbex (Refer to Article 8 - Responsability)
The seller reserves the right to cancel a customer's licence without refund and to take legal action in the following cases: theft, vandalism, violation of the law or commercial use of its products.
It is forbidden to copy and/or publish the maps created by EasyUrbex. Its use for commercial purposes is forbidden.
Article 12 - Privacy and protection of personal data
12.1. In application of the law 78-17 Informatique et Liberté of January 6, 1978 and the European Regulation on Data Protection, it is reminded that the personal data that are requested from the Customer are confidential and strictly necessary to the processing of his order and to billing.
No personal information is collected without the knowledge of the Client. No personal information is disclosed to third parties. No personal information is used for unspecified purposes.
12.2. Purposes of the treatment
The information and personal data provided by the Customer are necessary for the management of the order and the commercial relationship. The information and data are also kept for security purposes and to comply with legal and regulatory data retention requirements.
This data will be used only to the extent that it will be necessary to contact the Customer, ensure the processing, the follow-up of the Customer's order, as well as the verification of the validity of the information necessary for the payment of the sold products.
When placing the order, the seller is required to collect from the Customer certain information and personal data such as including surname and first name, email address, mobile number without this list is exhaustive.
The personal data that can be collected on the site are as follows:
- Connection to the website: on this occasion, your login, browsing and localization data will be recorded.
- Payments on the site: in case of financial transaction on the site, are recorded your banking data or the data relating to your credit card.
12.3. Duration of data retention
Personal information is kept for the duration of the contract by the seller.
During this period, the seller puts all means in place to ensure the confidentiality and security of the Customer's personal data, so as to prevent their damage, erasure, or access by unauthorized third parties.
12.4. Recipients of the data
Access to the Customer's personal data is strictly limited to the accounting and commercial department of the Company.
Only companies with which the seller is contractually bound and who have undertaken to ensure the strictest confidentiality, may have access to this data as part of the processing and tracking of the order.
The seller undertakes not to sell, rent, assign or give access to the Client's personal data without his consent to anyone else, unless he is obliged to do so for a legitimate reason.
12.5. Right of opposition, access, rectification
The Customer has in accordance with national and European regulations in force, a right of permanent access, modification, correction, portability and erasure of data concerning him or even limitation of treatment. He may oppose the processing of data concerning him and has the right to withdraw his consent at any time, subject to the production of a valid proof of identity, by contacting the company (full address).
For any additional information or complaint, the Customer can contact the National Commission of Computing and Freedom (www.cnil.fr).
Article 13 - Intellectual property
The access to www.easyurbex.com site confers on the customer a right of private and non exclusive use of this site.
All elements published on the website www. easyurbex.com including texts, photographs, logos, animations, videos ... is the property of the seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute a forgery offense.
Article 14 - Litigation - Mediation
All disputes to which the purchase and sale transactions entered into pursuant hereto could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been resolved between the The seller and the customer will be subject to French law and to the competent courts under common law conditions.
The Client is informed that he can in any case, resort to a conventional mediation notably with the Commission of the mediation and the consumption (article L612-1 Code of the Consumption) or with the existing sectoral mediation bodies, or any other alternative method of dispute settlement.