ARTICLE 1 – Scope of application
The present General Terms and Conditions of Sale (the “GTC”) apply, without restriction or reserve, to any purchase of the following services:
Search engine creation monitoring service as offered by the Provider to professional customers (“the Customer”) on the website https://www.latlas.pro/
The main characteristics of the Services are presented on the latlas.pro website.
The Client is required to read them before placing an order. The choice and purchase of a Service is the sole responsibility of the Client.
These GTC are accessible at any time on the site https://www.latlas.pro/ and will prevail over any other document.
The Customer declares that he/she has read these GTC and has accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure on the site https://www.latlas.pro/
Unless proven otherwise, the data recorded in the Provider’s computer system constitutes proof of all transactions concluded with the Customer.
The Provider’s contact details are as follows:
Latlas, SAS
Share capital of 5000 euros
Registered at the RCS of Chalon, under the number 90520645400019
65 rue des lieutenants Chauveau 71100 Chalon sur Saone France
mail: contact@latlas.pro
telephone: +33 07 84 98 45 35
Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 2 – Prices
The Services are provided at the prices in force on the website https://www.latlas.pro/, when the order is registered by the Provider.
Prices are expressed in Euros, exclusive of tax and VAT.
The prices take into account any discounts that may be granted by the Service Provider on the website https://www.latlas.pro/
These prices are firm and non-revisable during their period of validity but the Provider reserves the right, outside of the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Service Provider and given to the Customer upon delivery of the ordered Services.
ARTICLE 3 – Orders
It is the Customer’s responsibility to select the Services he/she wishes to order on the https://www.latlas.pro/ website, according to the following procedures:
The Customer chooses his level of service, which he places in his basket.
The customer may delete or modify the order before validating the order and accepting the present conditions.
The sale will only be considered valid after full payment of the price. It is up to the Customer to check the exactness of the order and to announce immediately any error.
Any order placed on the latlas.pro website constitutes the formation of a contract concluded at a distance between the Client and the Provider.
The Provider reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer may follow the progress of his order on the website.
The placing of an order on the site latlas.pro implies the conclusion of a contract of a minimum duration of The customer will have the possibility of cancelling the contract 1 month before the end of this period. renewable for a same duration by tacit renewal.
Under the terms of Article L 215 -1 of the Consumer Code, reproduced below:
“For contracts for the provision of services concluded for a fixed term with a tacit renewal clause, the professional providing the services shall inform the consumer in writing, by a dedicated letter or e-mail, no earlier than three months and no later than one month before the end of the period authorising the rejection of the renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information shall be given in clear and comprehensible terms and shall mention, in a visible box, the deadline for non-renewal.
Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date.
Advances made after the last renewal date or, in the case of open-ended contracts, after the date of transformation of the initial fixed-term contract, shall in this case be reimbursed within thirty days of the date of termination, less the sums corresponding, up to that date, to the performance of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules regarding consumer information.
Article L215-2 of the Consumer Code excludes the application of Art. L215-1 to the operators of drinking water and sewage services, whereas Article L215-3 of the Consumer Code states that these rules are applicable to contracts concluded between professionals and non-professionals.
Article L241-3 of the French Consumer Code sanctions the professional who has not made reimbursements under the conditions provided for in article L 215-1 of the Consumer Code.
ARTICLE 4 – Terms of payment
The price is paid by secure payment, according to the following methods
payment by credit card
The price is payable in full by the Customer on the day the order is placed.
The data of payment are exchanged in encrypted mode thanks to the protocol defined by the approved provider of payment intervening for the banking transactions carried out on the latlas.pro site.
The payments carried out by the Customer will be regarded as final only after effective collection of the sums due, by the Provider.
The Provider will not be bound to proceed with the provision of the Services ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above.
ARTICLE 5 – Provision of Services
The Services ordered by the Customer will be provided in the following manner:
Monitoring service and search engine in SaaS mode.
The said Services will be provided within a maximum period of depending on the subscription taken by the Client from the final validation of the Client’s order, under the conditions provided for in these GTC at the address indicated by the Client when ordering on the latlas.pro website.
The Service Provider undertakes to make its best efforts to provide the Services ordered by the Customer, within the framework of an obligation of means and within the time limits specified above.
If the ordered Services have not been provided within 3 working days after the indicative date of provision, for any other reason than force majeure or the fact of the Customer, the sale of the Services may be cancelled at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or withholding.
In the event of a specific request by the Client concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the costs associated with this will be subject to a specific additional invoice at a later date.
In the absence of reservations or complaints expressly made by the Client upon receipt of the Services, the Services shall be deemed to comply with the order, in terms of quantity and quality.
The Client shall have a period of 3 days from the date of delivery of the Services to submit complaints by email, with all the relevant supporting documents, to the Service Provider.
No claim will be accepted if the Customer does not comply with these formalities and deadlines.
The Service Provider shall refund or rectify as soon as possible and at its own expense the Services for which the lack of conformity has been duly proven by the Customer.
ARTICLE 6 – Right of withdrawal
Given the nature of the Services provided, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore definitively concluded as soon as the Customer places the order in accordance with the terms and conditions set out in these GTC.
ARTICLE 7 – Liability of the Provider – Warranties
The Service Provider guarantees, in accordance with the legal provisions and without additional payment, the Customer against any lack of conformity or latent defect, resulting from a design or production defect of the ordered Services under the following conditions and according to the following terms:
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
“The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where applicable :
if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the date the goods in question are made available for repair, if this is after the request for service.
In order to assert its rights, the Customer must inform the Service Provider in writing (by e-mail or post) of the existence of the defects or lack of conformity.
The Provider shall refund or rectify or have rectified (to the extent possible) the services deemed defective as soon as possible and no later than 30 days following the Provider's finding of the defect or fault. This refund may be made by bank transfer or cheque.
The Service Provider's warranty is limited to the reimbursement of the Services actually paid by the Customer.
The Service Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event as usually recognised by French case law.
The Services provided through the Provider's website https://www.latlas.pro/ comply with the regulations in force in France. The Service Provider shall not be held liable for any failure to comply with the legislation of the country in which the Services are provided, which it is the Customer's responsibility to check.ARTICLE 8 – Personal data
The Customer is informed that the collection of his/her personal data is necessary for the sale of the Services and their execution and delivery, entrusted to the Service Provider. This personal data is collected solely for the performance of the service contract.
8.1 Collection of personal data
The personal data collected on the latlas.pro website are the following
Account opening
During the creation of the Client / user account:
Name, first name, postal address, telephone number and e-mail address.
Payment
Within the framework of the payment of the Services proposed on the latlas.pro site, this one records financial data relating to the bank account or the credit card of the Customer/user.
8.2 Recipients of personal data
The personal data are reserved for the sole use of the Provider and its employees.
The data controller is the Service Provider, within the meaning of the French Data Protection Act and, as of 25 May 2018, of Regulation 2016/679 on the protection of personal data.
8.4 limitation of processing
Unless the Customer expressly agrees, his/her personal data shall not be used for advertising or marketing purposes.
8.5 Data retention period
The Service Provider shall keep the data collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
8.6 Security and confidentiality
The Service Provider implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Service Provider cannot guarantee the security of the transmission or storage of information on the Internet.
8.7 Enforcement of Customer and user rights
In application of the regulations applicable to personal data, Clients and users of the latlas.pro website have the following rights:
They can update or delete the data which concern them in the following way:
The customer can delete his account by accessing his customer interface.
They can delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
They can exercise their right of access to their personal data by writing to the address indicated in article 9.3 “Data controller”.
If the personal data held by the Service Provider is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data controller”.
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”.
They may also request the portability of data held by the Service Provider to another service provider
Finally, they may object to the processing of their data by the Service Provider
These rights, as long as they do not object to the purpose of the processing, may be exercised by sending a request by mail or e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
If the Customer’s request is refused, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Service Provider. The Customer may withdraw his consent at any time by contacting the Service Provider (contact details above) or by following the unsubscribe link.
ARTICLE 9 – Intellectual property
The content of the latlas.pro website 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 is likely to constitute an offence of counterfeit.
ARTICLE 10 – Applicable law – Language
These GTC and the operations arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 11 – Disputes
For any complaint, please contact the customer service department at the postal or e-mail address of the Service Provider indicated in ARTICLE 1 of these GTC.
The Customer is also informed that he/she can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been settled amicably by the Seller or by mediation, shall be submitted to the competent courts under the conditions of common law.