ARTICLE 1. SCOPE OF APPLICATION
These general terms and conditions of sale (hereinafter referred to as the "GTC") exclusively govern the sale of products and services offered by METEO CONSULT SAS, registered with the Versailles RCS under number 347 613 879, whose registered office is located at 1 rue Antoine de Baïf Domaine de Marsinval – 78540 Vernouillet (hereinafter referred to as the "Company") through the LA CHAINE METEO website available at www.meteoconsult.es (hereinafter referred to as the « Site »).
Some products or services may, however, require additional specific conditions. These specific conditions supplement these general terms and conditions.
By purchasing products and/or services online in accordance with the conditions defined below, the customer (hereinafter referred to as the « Customer ») fully and unreservedly agrees to these general terms and conditions of sale and, where applicable, to the applicable specific conditions, which together constitute the entire agreement between the Company and the Customer.
METEO CONSULT offers:
- the acquisition/viewing of weather-related content and information within the framework of various subscriptions and/or by telephone;
- the purchase of weather-related products.
In the event of non-compliance with the terms of these GTC, the Company reserves the right to take any measures necessary to protect its interests, including ensuring their enforcement. The Company may then hold the Customer civilly and/or criminally liable.
Furthermore, in the case of a subscription, the Company reserves the right to terminate the Subscription immediately without formalities and by operation of law in the event of a breach of any of the clauses set out below.
Any contrary conditions not accepted by the Company shall be unenforceable. The fact that the Company does not avail itself of any of these general terms and conditions does not constitute a waiver by the Company of the right to do so subsequently.
ARTICLE 2. ACCESS TO THE SITE
The Customer is solely responsible for setting up the computer and telecommunications means necessary to access the Company's Site and view the weather content offered on the Site (including within the framework of a subscription).
The Customer shall bear the telecommunication costs associated with accessing and using the Site, as well as viewing the weather content offered on the Site.
When registering, the Customer chooses, for their personal use only, an identifier and a personal and confidential secret code allowing them to connect to the Site. The Customer is solely responsible for the use of this identifier and secret code.
The Customer uses the services at their own risk. The Company cannot guarantee that the services offered will not be interrupted. The Company's obligation to provide services is limited to a best-efforts obligation.
The Company cannot be held responsible for data transmission problems, connection issues, or network unavailability, nor for access speeds or the potential malfunction of the internet network.
Similarly, the Company cannot be held liable if the conditions of access to the Site cannot be met due to force majeure beyond the control of the Site, interruptions in telephone services, and/or malfunctions of the computer tool used by the Customer. Nevertheless, the Company will take all necessary measures at the time of the occurrence of an incident to remedy any failure that may be attributable to it as quickly as possible and will implement all appropriate means at its disposal to prevent such malfunctions.
Any service interruption must be notified to the Company by any means by the Customer who has noted the service defect.
Furthermore, the Company reserves the right to temporarily interrupt access to its Service for maintenance and/or improvement work.
ARTICLE 3 – INFORMATION ON PRODUCTS AND SERVICES
In application of Article L.111-1 of the Consumer Code, the Company invites internet users to browse the Site to discover the products and services intended for online sale and to allow them to know the essential characteristics of said products and services before ordering.
The Company notably offers various subscription options, the duration and renewal conditions of which are specified in the presentation of the chosen offer. The current offers are those displayed on the Site on the day the order is recorded, with the Company reserving the right to modify them at any time.
It may also be the case that trial or discovery offers of varying duration are temporarily or otherwise offered on the Site. Unless otherwise stated, these trial or discovery offers will be subject to these GTC and will be limited to a single registration per Customer (same email address), regardless of the trial or discovery offer.
ARTICLE 4 - PRICES
The products and services offered by the Company are chargeable and payable either from the time the order is accepted by the Customer or according to the terms described in the chosen offer in the case of a subscription.
The prices of the products and services are those displayed on the Site on the day the order is recorded (excluding processing and shipping fees), with the Company reserving the right to modify them at any time. Prices are indicated and payable in euros. Both individuals and professionals are not exempt from French VAT.
In the event of a revision of the amount periodically debited for an indefinite-term subscription, the Company will notify the Customer of the price revision in advance, allowing the Customer to terminate their subscription before the new pricing takes effect. In the absence of termination by the Customer, the new pricing will then apply from the next payment due date of said subscription following the new pricing's effective date.
The Customer agrees to pay the full price and related charges for the ordered product or service, including taxes, at the time of order validation. The Customer is solely responsible for the actual payment of the purchased product or service.
ARTICLE 5 – PAYMENT METHODS
In accordance with legal provisions relating to the application of SEPA (Single Euro Payments Area) European banking standards, one of the following two payment methods is offered on the Site:
- Payment by credit card via a secure payment server (Cartes Bleues from GIE banking Carte Bleue Visa MasterCard American Express)
- Payment by PayPal
Online payment by credit card is provided by the secure solution STRIPE, which integrates SSL (Secure Socket Layer) encryption. Therefore, the Company does not store the full credit card number on its servers. Credit card numbers are processed by STRIPE Origin PayPal. Transactions with METEO CONSULT are made using authorization numbers, transaction numbers, and merchant IDs; your credit card details are never transmitted in clear text on the network.
The payment conditions for the price (purchase of products or Subscription) are defined in the chosen offer.
Payment will be made in advance (advance payment) when creating an account and, where applicable, monthly by automatic debit until the subscription is terminated, whether the termination is initiated by the Customer or by the Company.
Transactions and information concerning the Customer are always confirmed. It is advisable to print the confirmation form and keep it.
Whatever the type of service or product subscribed to, only the Customer user is responsible for payment by credit card. The Company is not responsible for payment problems related to the malfunction of the e-commerce service.
ARTICLE 6. ORDER VALIDATION
Before validating the order, the Customer can correct any errors made when entering their data at any time.
By validating the order, the Customer fully and unreservedly accepts these general terms and conditions. To validate the order, the Customer must click on the "SUBSCRIBE" button at the end of the order. An acknowledgment of receipt will be sent to them by return to the email address provided in the order form, indicating the exact amount billed, the specifics, and the terms of the subscription setup or the delivery conditions of the order. This acknowledgment of receipt constitutes acceptance of the order and validates the transaction.
The Customer acknowledges that the data recorded on the Site constitutes proof of the transaction (type of subscription or product and date of the transaction) and the data recorded by the payment system described below constitutes proof of the financial transaction.
The Customer acknowledges that the summary of their order is automatically sent by email to the address provided during the order.
The Company reserves the right to suspend and/or refuse any order from a Customer with whom the Company is in dispute for any reason, without the latter being able to claim any compensation.
Acceptance of technical cookies is essential for any purchase or subscription on the Site.
ARTICLE 7 – DURATION AND TERMINATION
Any subscription is taken out for the duration indicated in the chosen offer.
The chosen offer also specifies the termination and renewal conditions.
Subscriptions taken out for a fixed term without tacit renewal cannot be terminated early.
Indefinite-term subscriptions can be terminated at any time, at least five (5) working days before the end of the current monthly term.
To terminate an indefinite-term subscription, the Customer must:
- In the case of payment by credit card:
- Click on the "stop renewal" button accessible from their personal space (section "My Space" on the Site)
- Contact the Company's customer service at 01.39.28.19.90
- In the case of payment via PayPal:
- Log into their PayPal account
- Access their « settings »
- Click on « payments »
- Click on « manage automatic payments ».
Termination does not result in a refund of the subscription price, except in the case of the Customer exercising their right of withdrawal as provided for in Article 9.
All amounts paid for the subscription remain permanently acquired by the Company.
ARTICLE 8. DELIVERY
8.1. Setting up the subscription
The content and services of the various subscriptions offered by the Company are accessible only during the subscription period.
The Company reserves the right to suspend access to the subscribed service in case of non-payment, subject to a formal notice to do so that remains without effect for fifteen (15) consecutive days.
8.2. Delivery of products
Products are sent at the Customer's choice by email or by postal mail to the delivery address provided by the Customer at the time of the order.
The delivery times are as follows:
- 3 working days for email delivery
- 4 to 7 working days for postal delivery.
All announced times are calculated in working days. The Company undertakes to make its best efforts to deliver the products ordered by the Customer within the above-specified deadlines.
In case of total or partial unavailability of a product after the order has been placed, the Customer will be informed by email.
In this case, in accordance with the provisions of Article L 121-20-3 of the Consumer Code, the Customer then has the option of being reimbursed for the price of the ordered product within 30 days of their request.
Except in special cases or unavailability of one or more products, the ordered products will be delivered in a single shipment.
8.3 Order tracking, delivery times, and delays
The debit of the credit card is made at the time of the order. The order is immediately validated.
In the case of payment by PayPal, the order will be processed upon receipt of the PayPal payment. Therefore, the applicable deadlines in this case are those on the day of receipt of payment. The order validation date thus corresponds to:
- the date of the order in the case of online payment by credit card
- the date of receipt of the PayPal payment.
In case of a delivery delay by LA Poste, the Customer is advised to check with their local post office to see if the package is waiting and then, if necessary, to notify the Company of the delay by contacting its Customer Service in accordance with Article 12.
ARTICLE 9. RIGHT OF WITHDRAWAL
The Customer has a period of fourteen (14) clear days to request a refund of their order. This period starts from:
- the receipt of the order in the case of product delivery
- the conclusion of the contract in the case of subscription.
The Customer informs the Company of their decision to withdraw by sending the withdrawal form available here before the expiration of the fourteen (14) day period, available here.
No penalty will be charged; however, the return costs will remain the responsibility of the Customer. To ensure tracking of their package, the Customer must return it by tracked mail.
The Customer undertakes to return or send back the order without undue delay and no later than fourteen (14) days after communicating their decision to withdraw.
Products must be returned in their original packaging and in perfect condition, accompanied by the invoice to the following address: METEO CONSULT 1 rue Antoine de Baïf Domaine de Marsinval 78540 VERNOUILLET.
Damaged, unsealed, soiled, or incomplete items will not be taken back and therefore cannot be refunded.
Refunds will be made within a period not exceeding 14 days after receiving the request.
However, METEO CONSULT reserves the right to defer the refund until the goods have been recovered, provided they are in good condition as indicated above.
Special cases:
The Customer acknowledges that ordering a Weather Certificate constitutes, due to the choices made by the Customer regarding their personal details (meteorological parameter of the incident, location, date, and time), the supply of a personalized good within the meaning of Article L. 221-28 3° of the Consumer Code.
Therefore, the Customer is expressly informed that they cannot, under this provision, exercise their right of withdrawal after purchasing this product.
ARTICLE 10: WARRANTY
The products provided by the Company benefit, in accordance with legal provisions:
- from the legal guarantee of conformity for a period of 2 (two) years from the delivery of the product
- from the legal guarantee against hidden defects resulting from a defect in material, design, or manufacturing affecting the delivered products and rendering them unsuitable for use, for a period of 2 (two) years from the discovery of the defect.
Any warranty is excluded in the case of misuse, negligence, or lack of maintenance by the Customer, as in the case of normal wear and tear of the good, accident, or force majeure, and the Company's warranty is limited to the replacement or reimbursement of non-compliant or defective products.
To benefit from the product warranty, it is essential to keep the purchase invoice of the product. The Company will replace or repair the guaranteed defective products or parts.
To assert their rights within the applicable warranty period, the Customer must, under penalty of forfeiture of any related action, inform the Company in writing of the existence of the defects within a maximum period of 30 days from their discovery.
In the case of a product defect, a prior declaration must be made to our customer service. No return will be processed without a return agreement number. Upon receipt of the agreement, the Customer has 15 days to return the product to the Company. Return costs remain the responsibility of the customer. After this period, the return will be refused.
Returns must be made by tracked mail. Otherwise, the Company declines all responsibility if the package does not reach it. No postal investigation can then be made.
Products sold on the website comply with the regulations in force in France. The Company's liability cannot be engaged in the event of non-compliance with the legislation of the country where the products are delivered, which it is up to the Customer to verify.
The Customer is solely responsible for the choice of products, their storage, and use.
The Company will not be considered responsible or at fault for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French jurisprudence.
Concerning electrical and electronic equipment, the Customer is informed that the presence of hazardous substances in electrical and electronic equipment may have potential effects on the environment and human health. Therefore, the Customer must not dispose of them with unsorted municipal waste. (Decree of July 20, 2005, concerning the composition of electrical and electronic equipment and the elimination of waste from this equipment).
ARTICLE 11. LIMITATION OF LIABILITY OF METEO CONSULT
The Company undertakes to make its best efforts to develop its weather information in accordance with the state of the art. The Customer declares to accept the characteristics and limitations of meteorology and, in particular, to acknowledge:
- that the Customer is solely responsible for the use they make of the information. Consequently, the Company cannot be held liable for any direct or indirect damage resulting from the use of the information;
- that they are aware of the nature of meteorology, particularly its technical performance and the uncertainties related to this matter;
- that the communication by the Customer of information elements is made under their sole responsibility;
- that the purchase of any weather information implies unreserved acceptance of the said information.
The photographs and illustrations accompanying the services on the website have no contractual value and therefore do not engage the Company's responsibility.
Neither the Company nor any of its partners can be held liable for any direct or indirect, consequential, special, incidental, or punitive damages that may result from errors, omissions, or delays in the transmission of said information, loss of information, or issues encountered during electronic payments.
The Company cannot be held responsible for the non-performance of the concluded contract in the event of the unavailability of the service due to force majeure and malfunctions, particularly telecommunications. The Company incurs no liability for any indirect damages arising from the present, loss of operation, loss of profit, loss of opportunity, damages, or costs.
In accordance with Article 1146 of the Civil Code, unemancipated minors are incapable of contracting. Consequently, METEO CONSULT cannot be held responsible in the event of the unintentional collection of personal data concerning a minor.
ARTICLE 12. CUSTOMER SERVICE
For any information, questions, or advice, the Company's Customer Service can be contacted at the following address: METEO CONSULT 1 rue Antoine de Baïf - Domaine de Marsinval 78540 VERNOUILLET; by phone at the following number 01 39 28 19 90 from Monday to Friday from 9 am to 6 pm and during the summer on Saturdays, Sundays, and public holidays from 8 am to 12 pm; by email at contact@meteoconsult.com. All this information is available on the "contact us" page of the Site.
ARTICLE 13. CUSTOMER'S LIABILITY AND OBLIGATIONS
The Customer certifies that they are at least 18 years old. They undertake to keep their identifiers strictly confidential and personal.
The Customer undertakes to provide the Company with true, accurate, and complete information during registration on the Site and to update it without delay. The Customer acknowledges that in the event of incompleteness, inaccuracy, or expiration of the information collected during registration, the Company may suspend their access to the Site without notification or refund.
The Customer is solely responsible for the use of their personal identifier. Thus, any connection to the Service made using the Customer's identifier will be deemed to have been made by the Customer themselves.
The Company reminds that the information intended for the Customer must not be disclosed to third parties. The Customer will be held responsible for any unauthorized use of this confidential information for which they are the cause. The Customer informs the Company without delay in case of suspicion of unauthorized use of their account.
It is the Customer's responsibility to take all appropriate measures to protect all their data and software from contamination by viruses and intrusion attempts by third parties via the Site.
The Customer undertakes to use the information obtained via the Company only for lawful purposes in accordance with the legislation in force and the Intellectual Property Code in particular and to comply with the general conditions set out herein or any other indication given in the context of these general conditions. The Customer is authorized to use the products and services for their personal use.
The Customer acknowledges being responsible for any violation – by themselves or a third-party user of the services they have personally subscribed to on the Site – of the present, the legislation in force, and/or intellectual property rights, privacy, and/or any other infringement of a third party's right of any kind. Consequently, the Customer will indemnify the Company, its directors, staff, employees, suppliers, sellers, and service providers from claims arising from the aforementioned violations, including any potential costs of a legal procedure (including legal fees and irrecoverable costs) or amicable settlement.
ARTICLE 14. INTELLECTUAL PROPERTY
The Company and/or its partners are the exclusive holders of all information made available on the Site (general structure, texts, comments, works, videos, sounds, hyperlinks, illustrations, animated or non-animated images, and reproduced images, etc.) as well as those downloaded within the framework of digital products, all trademarks reproduced on the Site, all programs and/or technologies provided in connection with the Site, and more generally the entire Site itself under copyright and/or intellectual property rights worldwide. These general conditions do not entail the transfer of any of these intellectual property rights to any Customer. Consequently, only the use of all or part of the Site's content for private, non-collective, and non-exclusive use is permitted.
This right is limited to the right to reproduce all or part of the Site's content for storage for single-screen display purposes and reproduction in a single copy for backup or paper printing, as the case may be, in return for a subscription for paid content. This right is granted within the framework of strictly personal, private, and non-collective use, and any networking, redistribution, or total or partial commercialization of this content to third parties in any form whatsoever is strictly prohibited. The same applies to RSS feeds and newsletters. Any exploitation within a professional or commercial framework or any commercialization of this content to third parties is prohibited without the prior written consent of the Company. It is particularly forbidden to disseminate within one's company or to any third party a review and/or press panorama incorporating all or part of the information present on the Site.
Notwithstanding the reproduction and storage rights as strictly defined above and except with the prior written authorization of the Company, the Site user is prohibited from reproducing and/or using the trademarks and logos present on the Site and from modifying, copying, translating, reproducing, selling, publishing, exploiting, and disseminating in digital or other formats all or part of the information, texts, photos, images, videos, and data present on the Site, which constitute works within the meaning of Article L112-1 of the Intellectual Property Code. Violation of these imperative provisions exposes the offender and all responsible persons to the criminal and civil penalties provided by law.
ARTICLE 15. LINKS
The Company or a third party may establish a link with other sites or sources. The Company has no means of controlling these sites and sources and does not respond to or guarantee the availability of such external sites and sources.
The Company does not appropriate the content to which these sites or sources give access and excludes all liability and warranty concerning these contents.
The links are largely made automatically, and due to their number, cannot be verified by the Company's staff. However, if an external page contains illicit content, the Company will delete the link to this page after being informed of such content.
ARTICLE 16. PERSONAL DATA
METEO CONSULT respects the privacy of its users and Customers and strictly complies with the laws in force on the protection of privacy and individual freedoms.
The privacy policy informs Customers about how the Company processes personal data collected in the context of the Site and the marketing of products and services.
For more information, Customers are invited to consult the Privacy Policy.
ARTICLE 17. MEDIATION
In accordance with Ordinance No. 2015-1033 of August 20, 2015, and the implementing decree No. 2015-1382 of October 30, 2015, any consumer dispute or litigation concerning the general terms and conditions of sale, subject to Article L.152-2 of the Consumer Code, may be subject to an amicable settlement before the CMAP – Centre de Médiation et d’Arbitrage de Paris, to which the parties declare they adhere.
To submit your dispute to the mediator, you can (i) fill out the form on the CMAP website: www.cmap.fr under the tab "you are: a consumer" (ii) send your request by regular or registered mail to CMAP Médiation Consommation 39 avenue Franklin D. Roosevelt 75008 PARIS or (iii) send an email to consommation@cmap.fr.
Whichever means is used to contact the CMAP, your request must contain the following elements for it to be processed quickly: Your postal, email, and telephone contact details as well as your name and that of Le Figaro (Le Figaro - 14 Boulevard Haussmann 75 009 PARIS) with a brief statement of the facts and proof of prior actions.
It is already agreed that:
- the duration of the mediation cannot exceed two months from the date of referral to the mediator unless otherwise agreed in writing by both parties
- any oral or written exchanges between the parties during the mediation are strictly confidential and cannot be communicated to a third party under any circumstances
- if the parties reach an agreement within the agreed time frame, this agreement will be recorded in a settlement agreement signed by them and the mediator, endowed with enforceability.
- if the mediation fails after the agreed period, the most diligent party may refer the matter to the competent court indicated in Article 15 below.
ARTICLE 18. APPLICABLE LAW – JURISDICTION
This contract is subject to French law. The language of this contract is French.
In case of dispute, the French courts will have exclusive jurisdiction.
ARTICLE 19. SEVERABILITY OF CONTRACT CLAUSES
In the event that any of the provisions herein are deemed unenforceable under applicable law, the parties agree to renegotiate it in good faith to preserve the economic position they enjoyed as closely as possible to that mentioned under the unenforceable provision.
If they are unable to replace this provision in a mutually acceptable and enforceable manner, this provision will be excluded from these terms and conditions, and the remaining provisions and other provisions will not be affected, retaining all their force and scope and being interpreted as if the said provision were excluded.
ARTICLE 20. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF SALE
The Company reserves the right to adapt or modify these general terms and conditions of sale at any time. The new general conditions will, if necessary, be brought to the attention of the Customer by online modification and will apply only to sales made after the modification.
INFORMATION REGARDING YOUR RIGHT OF WITHDRAWAL
What are the time limits for withdrawing ?
If you wish to withdraw, you must notify us of your intention within 14 days :
- Either from the receipt of your order.
- Or from the subscription of your subscription.
You will then have, where applicable, an additional 14 days to return your order (except in the case of subscribing to a subscription).
Important information
If your return is made beyond this 14-day period, we reserve the right to refuse your package and return it to you.
We remind you that you cannot exercise your right of withdrawal for leisure activities such as tastings, oenology courses, shows, or trips provided on a specific date or period.
Your right of withdrawal will also not apply in the case of subscribing to a digital subscription as soon as you have expressly waived your right of withdrawal at the time of subscribing to your order.
How do I signal my intention to withdraw?
To indicate your intention to withdraw, you must complete the form available here.
How do I return my package ?
With the withdrawal form, you must return your package to METEO CONSULT 1 rue Antoine de Baïf Domaine de Marsinval 78540 VERNOUILLET, following the procedures below:
- Choose a standardized Post Office package.
- Place the product(s) inside the package in their original packaging.
- Affix your package with the current postage rate.
Upon receipt of your package, we will process the refund of your order. An email detailing all the information related to this transaction will be sent to you.
updated on 01/09/2019