Terms of sale

Preamble

The activity of Monsieur Damien Donadel is recorded under the numbers Siren 809 376 098 and Naf 5812Z (edition of directories and address files).

Mr Damien Donadel, referred as the Editor, can be found at www.urbaliste.fr/about/legal. He is the publisher of the website www.urbaliste.fr, referred as the Site, the object of which is to create and make available professional directories, and to propose links to useful websites for the professionals in urban planning, architecture, landscape and urban engineering:

- "Urbamap": map of professionals and companies operating in the different fields of urban planning, regional planning, architecture, landscape, environment or geomatics;
- "Urbannuaires" or "urban planning directories" : professional directories made up of contacts / companies operating in the various fields of urban planning and spatial planning;
- "Les liens": pages of hypertext links classified by themes;
- "Le blog": blog of the Site;

The site is primarily for the French market. The responsibility of the Publisher can not be sought for any use in another market generating modified or erroneous information.

These General Terms of Sale constitute a version made only for information purposes, and do not replace the original Conditions of Sale written in French.

These General Conditions of Sale come into force on their date of on-line and applicable from the first use of the Site.

Any request for referencing in a list or a list of Professionals published and proposed by the Site or any request for referencing a hypertext link implies the acceptance of these General Conditions of Sale.

Customers and Professionals therefore agree to be subject to the rights and obligations of these General Conditions of Sale.

Customers and Professionals acknowledge being informed that their agreement on the content of these General Conditions of Sale does not require the handwritten signature of the document.

Clients and Professionals declare that they are of legal age and have the full legal capacity enabling them to enter the title of these General Conditions of Sale.

Clients and professionals are required to provide customer service. The services offered by the site on behalf of this legal person.

 

1. Definitions

Conditions of Use: General Terms and Conditions of Sale:

- Customer: means the natural person or legal entity legally capable of concluding a transaction;

- General Conditions of Sale: means the contract concluded between the Client or the Professional of a party and the Publisher, specifying the rights and obligations of each of the Parties in connection with the use of the Site;

- Publisher: designates Mr Damien DONADEL, whose activity is registered under the numbers Siren 809 376 098 and Naf 5812Z (edition of directories and address files);

- Parties: means alternately or cumulatively the Publisher, the Customer or the Professional;

- Service: means the services that a Professional is likely to offer to a Customer;

- Professional: means the service providers referenced on the Site, the Professional may be a Customer who has concluded a Transaction on the Site;

- Product: refers to the map as well as the edited lists of Professionals of urbanism, architecture, landscape and engineering, urban referenced by the Publisher, posted on the site according to the criteria and a nomenclature Defined by the Publisher whose access is subject to prior payment;

- Service: refers to the various services offered by the site, that is to say, the availability of professional directories, the free provision of hypertext links, and the blog dedicated to urban planning professionals. Architecture, landscape and urban engineering;

- Site: designates the website www.urbalIste.fr;

- Transaction: refers to all operations, secure processes, authorizations to pay for products purchased on the www.urbaliste.fr website by credit card, or any other means of payment offered by the website www.urbaliste.fr .

 

2. Modification

The Publisher reserves the right to modify these General Conditions of Sale at any time.

The modifications and evolutions come into force on the date of their on-line and are opposable to the date of the first use of the Site by the Clients and Professionals.

 

3. Purpose

The purpose of these General Conditions of Sale is to define the conditions under which Customers and Professionals agree to use the Site and the Services offered.

The General Conditions of Sale present the rights and obligations of Clients and Professionals and constitutes the contract that binds them to the Publisher.

 

4. Search Engine Optimization

The Professional who wishes to be referenced on the Site must apply to the Editor and provide the following information:
 - profession
 - areas of intervention
 - address(es) of domiciliation
 - website if available

The Professional shall also transmit, if requested by the Publisher, a copy of the Kbis extract from his company or any other document attesting to the registration of his activity, by e-mail to urbaliste @ urbaliste.fr.

The Professional warrants that the information provided to the Publisher is accurate and undertakes to update it in the event of a change.

The Publisher reserves the right to refuse any referencing of a Professional who does not fulfill the obligations mentioned above or does not respond to the activity of the Site.

The Publisher reserves the right to defer any Professional at any time if he finds that the information provided proves to be inaccurate or by unilateral decision of the Publisher for which no motivation can be demanded.

The same obligations are required for the sole referencing of any hypertext link.

The Professional's referencing on the Site by the Publisher is a paid service for integration into the "urbamap", but free of charge as part of the "urbalistes" and the "urbaliens".

Any professional who wishes to be referenced on the "urbamap" will have to make the request via a form made available on the website www.urbaliste.fr. The registration fee is proportional to the number of places on the Urbamap, ordered by the Professional on the site. The Publisher reserves the right to grant "coupon codes" to obtain discounts for the Professional as to the price of his order.

As from the agreement given by the professional referred to in the preceding paragraph, any request for modification of the information transmitted in the context of integration to the "urbamap" may be accepted but subject to the same rules and conditions Tariffs than when referencing via the "urbamap".

 

5. Professional Engagement

By being registered on the Site, the Professional declares without reserve, and under its responsibility, to adhere to the following commitments:
- the Professional is a professional, merchant or craftsman;
- the Professional is duly registered with the bodies which are responsible for his activity;
- the information provided by the Professional to the Publisher is accurate, reliable and accurate;
- the Professional is not in a situation of reorganization or liquidation, or in a state of cessation of payments or about to be terminated;
- the Professional is covered by all the insurance necessary for the practice of his profession, in particular by a civil liability insurance and, if necessary, by an insurance covering any guarantee of which he would be debtor by effect of the law;
- the Professional has the necessary resources to ensure a quality commercial service to its customers;
- the Professional provides its services in accordance with the rules of the art and in compliance with the regulations in force;
- the Professional warrants to be entitled to use the logos, trademarks, distinctive signs and other intellectual property rights relating to the services it offers.

6. Operation

Only legally competent persons can contract.

For any Transaction, the Customer must follow the following steps:
- select the job offer(s) of Professionals that interest him / her;
- enter your contact information;
- make payment through the payment module offered by the Site;
- upon confirmation of the payment, a confirmation for the referencing of Professionals selected on the "urbaMap" will be or will be addressed to the Customer by electronic means to the address that it has seized

The Publisher can not be held responsible for errors made by the Customer in the name of his contact details (email address of reception, billing address, etc.) and the consequences that these errors could generate.

7. Prices

All the prices indicated on the Site are expressed in euros all taxes included.

The Publisher reserves the right to modify the price of the Products at any time, the Products being invoiced on the basis of the tariffs in force at the time of validation of the Transaction.

The Publisher reserves the right to grant discounts or to implement promotional campaigns, according to conditions exposed in due time on the Site.

 

8. Payment

The price of the Products is payable in cash by the means of payment proposed by the Site on the day of the conclusion of the Transaction, the Site using in this framework the module PayPlug partner of the platform e-monsite.com support of development of the Site.

Protection against fraudulent use of the means of payment used for the Transaction, in particular as a result of piracy, as well as against any disputes concerning the payment of the price of an order is ensured by the publisher of the payment module.

The Transaction validated by the Client only becomes effective when the secure payment center has given its approval and then sent the Customer a confirmation email.

An invoice is established according to the information provided and sent to the Customer electronically.

In case of refusal of the secure payment center, the Transaction will be automatically canceled and the Customer notified by e-mail.

The payment center is the only recipient of the data related to the Transaction. Failure to transmit such data prevents the completion and analysis of the Transaction.

 

9. Relationship between the Publisher and the Customers and / or Professionals

The Publisher, Clients and Professionals are independent parties, each acting on its own behalf and for its own account, these General Conditions of Sale do not create any subordination, mandate, brokerage, joint venture, franchise.

The Editor does not intervene in the conclusion and the provision of services between Clients and Professionals.

Consequently, the Publisher has no control over the quality and conformity of the services offered and provided, whether they are counterfeit or not, the ability of Clients and Professionals to contract, and their solvency.

All notices or communications provided herein shall be deemed to have been validly issued if addressed to them either:
- By post at the Editor's office;
- by email: urbaliste@urbaliste.fr

It is for the different Parties to be able to prove any notification or communication to the other party and to retain proof of the sending and the date of dispatch of such notifications or communications.

 

10. Customer / Professional Relationship

The Editor does not intervene in the contractual discussions between Clients and Professionals who have connected via the data published and exploited on the Site.

The responsibility of the Publisher can not be sought in the event of a break in talks, and any dispute relating to the provision of services by the Professional.

The Client and the Professional are free to discuss the terms and conditions for the performance of the requested service(s).

Consequently, the Publisher does not grant any guarantee whatsoever with regard to the conclusion and the provision of services, as the Publisher is not a party to this agreement.

 

11. Operation of the Site

The Publisher may at any time modify the structure and content of its Site, as well as the Services offered.

The Publisher may only be bound by an obligation of means with respect to the operation of the Site.

The Publisher can not be held to an obligation to update the Professionals and hypertext links referenced on the Site.

The Publisher reserves the right to temporarily suspend access to its Services for technical or maintenance reasons without these operations being entitled to any indemnity, the Publisher further undertaking to limit this type of service, interruption.

The Publisher undertakes to use all means at its disposal to ensure the security and confidentiality of the data exchanged in connection with the use of the Site.

The Publisher can not be held responsible for the reliability of the data transmission, any restriction of access to the Internet and more generally any difficulty to access the Site.

 

12. Content ownership

All the elements composing the Site, that is to say graphic charter, texts, illustrations, photos, databases, without this list being exhaustive, are protected by the copyright, and more generally by the " Principles of intellectual property law.

Reproduction or imitation, partial or total, of the intellectual property belonging to the Publisher is strictly prohibited, except in the prior written agreement of the Publisher.

These General Conditions of Sale do not imply any assignment of intellectual property rights on the elements belonging to the Publisher for the benefit of Clients or Professionals.

Any reproduction in whole or in part by any means whatsoever, without the prior written consent of the Publisher, is unlawful and constitutes an act of infringement giving rise to criminal penalties.

In this context, it is specified that the acquisition by a Client of data via the "urbamap" (business contact) does not confer any intellectual property rights on this database, the rights to this database remaining exclusive property of the Editor.

 

13. Personal information

The information and data concerning the Clients and Professionals are necessary for the proper management and exploitation of the Site by the Publisher.

This information and data are kept for security purposes in order to comply with legal and regulatory requirements as well as to improve the services offered on the Site.

In accordance with the provisions of the Data Protection Act of 6 January 1978 as amended, automated processing of personal data carried out on the Site was the subject of a declaration to the French National Commission for Information and Freedom (CNIL) under Number 1846908.

Customers and Professionals are notably informed that the information they communicate is necessary for the performance of the Services offered by the Publisher.

Customers and Professionals are informed that they have the right to access, rectify and oppose their personal data by sending a letter to the Editor or by email to urbaliste @ urbaliste.fr.

In accordance with the legislation in force, this application must be accompanied by a photocopy of an identity document and specify the address to which the reply should be sent. Any other means of exercising this right shall not give rise to its taking into account.

Any erroneous or incomplete requests can not be processed.

 

14. Liability

The Publisher is solely responsible for the content of the pages of the Site and the documents it publishes.

The Publisher makes every effort to provide verified information but is only bound by a general obligation of means.

The Publisher can not guarantee the information published by the Professionals referenced on the Site.

Similarly, the hypertext links present on the Site, in particular on the pages devoted to the "urbaliens" section, and the direction towards other resources on the Internet network can not engage the responsibility of the Publisher.

The Publisher makes every effort to provide a secure Site. However, it is up to any Customer and Professional to protect its hardware and computer network by equipping itself with the necessary tools for this purpose.

In no event shall the Publisher be liable for any intrusion of viruses into the Customer's or the Professional's hardware.

The Editor does not intervene in the commercial approaches and negotiations carried out between the Client and the Professional.

The Customer declares and acknowledges that he / she is solely responsible for the choice of the Professional. It is his responsibility to ensure the competence of the latter by soliciting from him any information he deems useful.

Customers and Professionals, who have connected via the Site, acknowledge that The Publisher can not be responsible in the event of a dispute related to the performance of services provided by the Professional.

If a dispute arises between the Client and the Professional, the Editor's civil and criminal liability can not be incurred, regardless of the direct or indirect damage that may arise in the context of the relationship between the two parties.

 

15. Confidentiality

The Parties undertake to retain each other's information and any commercial, financial, economic, technical and other documents to which they may have access in the execution of these General Conditions of Sale.

 

16. Assignment


The Publisher reserves the right to assign to any third party of its choice all or part of its rights and obligations under these General Conditions of Sale, or to substitute any third party for the execution of the present, which the Customers and Professionals accept without reserve.

 

17. Force majeure

In the event of an event meeting the characteristics of force majeure as defined by the jurisprudence of the French courts, the obligations of the prevented Party shall be suspended.

The Parties further agree that the interruption of service due to the failure of telecommunication networks and their service providers shall be treated as a case of force majeure.

 

18. Severability of clauses / Waiver

The nullity, lapse or inopposibility of any of the stipulations of the present General Conditions of Sale does not imply the nullity, the lapse or the inopposability of the other stipulations which will retain their effects.

The fact that the Publisher does not rely on one of the stipulations of the present General Conditions of Sale at any given moment can not be interpreted as a waiver by the Publisher to rely on it at a later date.

 

19. Governing Law / Jurisdiction

These General Conditions of Sale are governed by French law.

In the event of a dispute between the Parties concerning the interpretation and / or execution of these General Conditions of Sale, the Parties agree to seek an amicable solution in the spirit of this Agreement.

Any dispute or dispute relating to the execution or interpretation of these General Conditions of Sale, and in the event of failure to find any amicable solution, falls within the jurisdiction of the Courts of Paris, even in the event of a guarantee or plurality of defendants.