These general terms and conditions of sale (hereinafter the “T&Cs”) solely and exclusively govern the sale of products and services proposed by METEO CONSULT, a Simplified Joint Stock Company (SAS) incorporated on the Versailles Trade and Companies Register under number 347 613 879, having its head office at 1 rue Antoine de Baïf, Domaine de Marsinval – 78540 Vernouillet (hereinafter referred to as the “Company”) through the websites accessible at the following URL addresses: www.meteoconsult.fr and marine.meteoconsult.fr (hereinafter the “Website”). Some products or services may, however, require additional and specific terms and conditions. These special terms and conditions will complete these general terms and conditions. Any purchase of products and/or services online, in accordance with the terms and conditions set forth hereunder, implies the full and unrestricted acceptance by the client (hereinafter the “Client”) of these general terms and conditions of sale and, where applicable, the special terms and conditions applicable, which represent the entire agreement signed by and between the Company and the Client. METEO CONSULT proposes: - receiving/consulting weather-related content and information in the framework of various subscriptions and/or by telephone; - the purchase of weather-related products. In the event of any default in respect of these T&Cs, the Company hereby reserves the right to take any and all measures to protect its interest and notably to guarantee enforcement. The Company may then summons the Client in civil and/or criminal proceedings. Moreover, in the framework of a subscription, the Company reserves the right to immediately and automatically terminate the Subscription, without any formality, in the event of any breach of the clauses set forth hereunder. Any condition to the contrary not expressly accepted by the Company is not enforceable. In such instance as the Company fails to claim enforcement of any of these general terms and conditions, this does not constitute any waiver by the Company in subsequent enforcement thereof.
The Client is personally responsible for implementing all electronic and telecommunication means to allow for access to the Company’s Website as well as to view the weather content proposed on the Website (including as part of a subscription). The Client will be personally responsible for all telecommunication fees regarding access and use of the Website as well as viewing weather content proposed by the Website. At the time of Subscription, the Client will choose for its own strictly personal use, a username and password which are personal and confidential, and providing access to the Website. The Client has sole and exclusive responsibility for use of this username and password. The Client uses the services at its own risk and peril. The Company does not guarantee under any circumstances whatsoever that the services proposed not suffer any interruption whatsoever. The Company’s obligation to provide services is strictly limited to an obligation of means. Consequently, the Company may not be held liable for any problems related to the transmission of data, connection or unavailability of the network, nor any access speeds or defective operation of the internet network. Similarly, the liability of the Company may not be incurred in such instance as the terms and conditions for accessing the Website cannot be met due to any case of force majeure outside of the control of the Website, any interruption to telephone services and/or improper operation of the electronic tool used by the Client. However, the Company will take any and all appropriate measures, as at the date of occurrence of any incident to remedy any default as soon as practically possible which is attributable to itself and implement all appropriate means it holds in its possession to remedy any defective operation. Any interruption to the service should be notified to the Company, by any appropriate means, by the Client observing the defective operation of the service. Moreover, the Company hereby reserves the right to exceptionally terminate access to its Service for maintenance and/or improvements.
In accordance with article L.111-1 of the Consumer Code, the Company invites web users to browse on the Website to discover products and services for sale online and to allow them to understand all essential characteristics of the products and services before placing any order. The Company notably proposes various subscription offers of which the term and the renewal conditions appear in the description of the selected offer. Offers in force are those which are displayed on the Website at the date of registration of the order, with the Company hereby reserving the right to amend these at any time. It is also possible that trial offers or discovery offers for a variable term be proposed on the Website, in a temporary or permanent manner. Notwithstanding any indication to the contrary, these trial or discovery offers will be governed by these T&Cs and are strictly limited to one subscription only per Client (same email address), regardless of the trial or discovery offer.
The products and services proposed by the Company will be paid-for services and are payable either from order acceptance by the Client, or in accordance with the terms and conditions appearing in the offer selected in the case of a subscription. The price of products and services are those displayed on the Website as at the date of registration of the order (excluding participation in order processing and shipment fees), with the Company hereby reserving the right to amend these at any time. Prices are indicated and payable in euros. Private individuals and professionals are not exonerated from French VAT. In the event of any adjustment to any amount debited periodically as part of a open-ended subscription, the Company will notify the Client in advance of the price adjustment within a time period which allows the Client to terminate the subscription if it wishes before the effective implementation of the adjustment. Failing termination by the Client, the new price will then be applicable from the following due date for payment of the subscription after the effective date of the new price. The Client agrees to pay the entire price and costs incurred by the product or service ordered, including all taxes in force at the time of approval of the order. The Client has sole and exclusive liability for effective payment of the product or service acquired.
In accordance with the legislative terms and conditions regarding the application of European SEPA banking standards (Single Euro Payments Area), any of the two following payment methods are available on the Website: - Payment by bank card by way of a secure payment server (Cartes Bleues by GIE bancaire, Carte Bleue, Visa, MasterCard, American express) - PayPal - Cheque.
Online payments by card are secured by the STRIPE secure payment solution, which integrates an SSL (Secure Socket Layer) encryption process. Consequently, the Company does not store the entire bank card number on its electronic servers. The bank card numbers are processed by STRIPE and PayPal. Transactions with METEO CONSULT are undertaken using an authorisation number, transaction number and seller identifier, with your credit card details never transiting visibly across the network. The payment terms (for the purchase of products or Subscriptions) are defined in the offer selected. Payment is undertaken in advance (payment before purchase) at the time of account creation and then, where applicable, each month by direct debit until termination of the subscription, whether termination is at the initiative of the Client or that of the Company. Transactions and information concerning the Client are always confirmed. It is recommended to print the confirmation form and retain a copy. Regardless of the type of product or service subscribed, only the user Client is responsible for payment by bank card. The Company is not liable for any payment problems caused by defective operation of the e-commerce system.
Before order approval, the Client may at any time amend any potential errors made when entering his/her data. Approval by the Client of an order constitutes acceptance of these general terms and conditions, in full and without restriction. To approve an order, the Client should click on the “Confirm my order” button at the end of the order process. An order confirmation will then be sent to the email address indicated in the order form, and indicating the exact amount billed, the special terms and terms of implementation of the subscription or terms of order delivery. This order confirmation constitutes acceptance of the order and approves the transaction. The Client acknowledges that all data registered and stored on the Website constitutes proof of the transaction (type of subscription or product and date of transaction) as well as the data stored by the payment system as described under paragraph 5, and proof of the financial transaction. The Client hereby acknowledges to have been notified that the order summary is automatically sent by email to the address entered at the time of placing an order. The Company hereby reserves the right to suspend and/or refuse any order from a Client with whom the Company is involved in a dispute, for any reason whatsoever, without the latter being able to claim any compensation. Acceptance of technical cookies is essential for any purchase or subscription on the Website.
Termination does not lead to any reimbursement for the subscription aside for where the Client exercises the right of retraction as stipulated under article 9. All amounts paid for the subscription will be retained in full by the Company.
The content and services forming the various subscriptions offered by the Company are only accessible during the term of subscription. The Company hereby reserves the right to suspend access to the service subscribed in the event of any payment default, respecting service of notice accordingly, and remaining without remedy for 15 (fifteen) consecutive days.
8. 2. Product deliveryProducts are sent, where applicable, and at the choice of the Client, either by email or post to the delivery address indicated by the Client when placing an order. Delivery lead times are as follows: - 3 working days for any delivery by email - 4 to 7 working days for deliveries by post. All of the delivery lead times indicated are calculated in working days. The Company undertakes to take all best efforts to delivery products ordered by the Client in those lead times indicated above. In the event of any total or partial non-availability of a product after placement of an order, the Client will be notified by email. In this instance, in accordance with the provisions set forth under article L 121-20-3 of the Consumer Code, the Client then has the right to be reimbursed the price of the product ordered, within 30 days following a request. Notwithstanding any particular instance or non-availability of one or more products, the products ordered will be delivered as one delivery.
8.3 Order supervision, delivery lead times and late deliveryThe card used for payment is debited at the time of placing an order. The order is immediately approved. Where payment is made by PayPal, the order will be processed following receipt of the payment by PayPal. Consequently, the lead times applicable in this instance will run from the date of receipt of the payment. The date of approval of an order therefore corresponds to: - the date of order for payments made online by card, - the date of receipt of payment for payments made by PayPal. In case of any late delivery for postal deliveries, it is suggested that the Client enquire with the post office as to whether the package is still in transit, and subsequently, where applicable, to notify the Company of the delay by contacting Customer Service, in accordance with article 12.
The Client has a total of fourteen (14) clear days in which to claim reimbursement of an order. This timeframe begins to run from: - receipt of an order where physically delivered, - signature of a contract as part of any subscription. The Client should notify the Company of the decision to exercise retraction by sending, before expiry of the aforementioned period of fourteen (14) days, the retraction form which is available here. No penalty will be claimed; however, return postage fees will be payable by the Client. In order to follow-up on package delivery, the Client should use tracked and signed for return delivery. The Client undertakes to return the order without any unjustified delay and by no later than fourteen (14) days following notification of the decision to exercise the right of retraction. Products should 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. Any articles which are damaged, unpackaged, dirty or incomplete will not be accepted and no reimbursement will be made. Reimbursements will be made within 14 days or less following receipt of a request. However, METEO CONSULT hereby reserves the right to delay reimbursement until receipt of all goods subject to these being in perfect condition as indicated above. Particular cases: The Client hereby acknowledges that the order of any Weather Certificate constitutes, due to the choices indicated by the Client regarding his/her personal data, weather settings of the incident, place, date and time), the supply of a personalised item as defined by article L 221-28 3° of the Consumer Code. Consequently, the Client is hereby explicitly notified that s/he is not able, by virtue of this provision, to exercise any right of retraction after making a purchase of this product.
Products supplied by the Company will benefit from the following in accordance with legislative provisions in force: - the 2 (two) year legal warranty of compliance, following product delivery, - the legal warranty against hidden defects caused by any defective material, design or manufacturing flaw affecting the delivered products and rendering these unfit for use, for a term of 2 (two) years following discovery of the defect. All warranty cover is excluded in the event of any improper use, negligence or defective maintenance by the Client, as well as normal product wear and tear, accident or force majeure and the warranty provided by the Company is strictly limited to replacement or reimbursement of any non-compliant or defective products. To be eligible for the product warranty, it is essential to keep a copy of the invoice issued when purchasing the product. The Company will replace or repair the products or parts under warranty deemed to be defective. In order to claim the warranty within the period, the Client should, subject to being stripped of any entitlement to bring action, notify the Company, in writing, of the existence of defects within no later than 30 days following discovery. In the framework of any defective product, a prior declaration should be made to our customer service team. No return will be processed without a return authorisation number. Immediately following receipt of the authorisation, the Client has 15 days in which to return the product to the Company. Return fees will be payable by the client. After this time, returns will be refused. Returns should be made by tracked and signed for postage. In any contrary instance, the Company waives all liability in such instance as the package does not arrive. No postal investigations will be undertaken. Products sold on the Internet comply with all regulations in force in France. The liability of the Company may not be incurred in the event of default in respect of legislation in the country in which the products are delivered, which the Client is responsible for checking. The Client has sole and exclusive liability for the choice of products, their storage and use. The Company will not be considered as liable nor defaulting in the event of any delay or default in performance following occurrence of any case of force majeure as typically recognised by French case law. With regard to electrical and electronic devices and appliances, the Client is hereby notified that the presence of any dangerous substances in electrical and electronic equipment may have potentially harmful effects on the environment and human health. Consequently, the Client should not dispose of such items alongside unsorted waste for local refuse collection. (Decree of 20th July 2005 regarding the composition of electrical and electronic equipment and elimination of waste resulting from these items of equipment).
The Company hereby undertakes to take all best efforts to publish weather information, in accordance with rules of the trade. The Client hereby confirms that it accepts the characteristics and limitations of weather forecasts, and notably acknowledges the following: - that the Client has sole and exclusive liability for all use made of such information. Consequently, the Company may not be bound, whether by any express or tacit obligation, towards the Client for any direct or indirect civil damages resulting from use of the information;- that it is aware of the nature of weather forecasts and the technical performances and uncertainties in such matters; - that communication by the Client of information is undertaken under its own liability; - that it is hereby indicated that the purchase of any weather information implies unreserved acceptance of said information. All photographs and illustrations accompanying the services on the Website are not contractually binding and may not incur the liability of the Company. Neither the Company nor any of its partners may be held liable for any direct, indirect, consequential, special, ancillary or dissuasive damages resulting from any errors, omissions or delays in transmission of said information, the loss of information or any problems encountered when making electronic payments. The Company may not be held liable for default in performance of the contract signed, in the event of any non-availability of the service due to any case of force majeure or any defective operation, and notably any telecommunication channels. The Company will not incur any liability for indirect damages due to performance of these presents, any loss of operations, lost profits, lost opportunity, damages or costs. In accordance with article 1146 of the Civil Code, dependent minors are unable to enter into a legal contract. Consequently, METEO CONSULT may not be held Liable in the event of any collection against its knowledge of personal nominative data regarding any child.
For any information, question or advice, the Company’s Customer Service team can be contacted at the following address: METEO CONSULT 1 rue Antoine de Baïf - Domaine de Marsinval, 78540 VERNOUILLET; or by calling 01 39 28 19 90, from Monday to Friday between 9am and 6pm and during summer, at weekends and on public holidays between 8am and midday; by emailing contact@meteoconsult.com. All of this information is available on the “Contact us” page of the Website.
The Client hereby certifies to be over 18 years old. S/he undertakes to keep his/her login details strictly confidential and personal. The Client undertakes to provide the Company with true, accurate and complete information at the time of subscription on the Website and to always update these immediately when necessary. The Client acknowledges that in the event of any incompleteness, inaccuracy or invalidity of information collected at the time of subscription, the Company may suspend access to the Website without notice or reimbursement. The Client has sole and exclusive liability for use of his/her personal login details. Consequently, any connection to the Service undertaken using the Client’s login details will be deemed to have been undertaken by the Client him/herself. The Company reiterates that information intended for the Client should not be disclosed to any third parties. The Client will be held liable for any unauthorised use of this confidential information of which s/he was the cause. The Client should notify the Company immediately in the event of any suspected unauthorised use of his/her account. It is incumbent upon the Client to take any and all appropriate measures to protect all data and software from contamination by viruses as well as any attempted intrusion into his/her information system by third-parties via the Website. The Client hereby undertakes to only use information obtained from the Company for legal uses, notably in accordance with legislation in force and the Intellectual Property Code and to respect the general terms and conditions set forth herein as well as any other indication provided in the framework of these general terms and conditions. The Client is authorised to use the products and services for his/her own personal use. The Client acknowledges his/her liability for any breach - by him/herself or any third-party using the services to which s/he has taken out a personal subscription on the Website - of these presents, of regulations in force and/or of intellectual property, of privacy and/or any other breach of a third-party right, of any nature whatsoever. Consequently, the Client agrees to indemnify the Company, its directors, its staff, its employees, suppliers, vendors and service providers for any claims made following the breaches indicated above, for any costs incurred by any legal proceedings (irrecoverable costs and fees notably) as well as any amicable settlement.
The Company and/or its partners are the exclusive proprietors of all information published on the Website (general structure, text, comments, creations, videos, sounds, hypertext links, illustrations, animated or fixed images, and reproductions of images notably) as well as those downloaded in the framework of digital products, those downloaded in the framework of digital products, all trademarks reproduced on the Websites, all programmes and/or technologies provided in relation to the Websites, as well as more widely, the Website itself in whole or in part by virtue of copyright and/or intellectual property rights and for the whole world. These general terms and conditions do not lead to the transfer of any of these intellectual property rights to any Client whomsoever. Consequently, it is only authorised to use the Website content, in whole or in part, for private, non-collective and non-exclusive purposes. This right is strictly limited to the right to reproduce one or more parts of the Website content for storage to be displayed on a single screen and reproduction, in a single copy, as a backup electronic or paper copy, where applicable, in return for a subscription to paid-for content. This right is granted in the framework of strictly personal, private and non-collective use, with any networking, redistribution or sale, in whole or in part of said content to third-parties, of any nature whatsoever being strictly prohibited. This is also the case for RSS feeds and newsletters. Any exploitation in a commercial or professional setting or any sale of this content to third-parties is strictly prohibited, without the prior written consent of the Company. It is notably prohibited to distribute within the company or for any third-party whomsoever any review and/or press summary integrating the information presented on the Website whether in whole or in part. Notwithstanding rights of reproduction and storage such as these are strictly defined hereinabove, and notwithstanding having the prior written consent of the Company, users of the Website refrain from reproducing and/or using the trademarks and logos which appear on the Website, as well as from any modification, copying, translation, reproduction, sale, publication, exploitation and distribution in any digital format or otherwise, in whole or in part, of information, text, photos, images, videos and data appearing on the Website, and which constitute creations as defined under article L112-1 of the Intellectual Property Code. Any breach of these fundamental provisions will lead to civil and criminal penalties against the perpetrator and any other guilty parties in accordance with legislation. Any breach of these fundamental provisions leads to the perpetrator, and any other person(s) responsible, to facing civil and criminal charges as stipulated by law.
The company or any third-party may insert a link towards other sites or sources. The Company has no means to control these sites and sources, and is not responsible for the availability of any external sources nor does it provide any guarantee thereover. The Company does not approve any content to which these sites or sources provide access, and waives all liability and guarantees over said content. The links are published, in large part, automatically and due to their quantity, cannot be verified in any manner by Company staff. If, however, across Website pages, there is any link to an external page on which any illegal content should be published by any third-party, the Company will delete the link to this page after having been notified of such content.
METEO CONSULT respects the privacy of its users and Clients and strictly complies with all legislation in force regarding data protection and freedom of information. The privacy policy informs Clients of the manner in which the Company processes personal data collected in the framework of use of the Website and sale of products and services. To find out more, Clients are invited to read our Privacy Policy.
In accordance with ordinance no. 2015-1033 of 20th August 2015 and implementing decree no. 2015-1382 of 30th October 2015, any consumer dispute or litigation with regard to the general terms and conditions of sale, subject to article L. 152-2 of the Consumer Code, may be referred for amicable resolution before the CMAP - Paris Mediation and Arbitration Centre, which the parties confirm to accept. To refer a matter to the mediator, you can (i) complete the form available on the CMAP website at www.cmap.fr under the tab “you are: a consumer” (ii) send a written request by post or special delivery letter to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. Regardless of the method used to refer a matter to the CMAP, your request must include the following elements to be processed as quickly as possible: Your postal, email and telephone contact details as well as your name and those of Le Figaro (Le Figaro - 14 Boulevard Haussmann 75 009 PARIS) with a brief summary of the facts and proof of all due diligence previously undertaken. It is hereby agreed that: - the duration of mediation may not exceed two months from the date on which the matter is referred to the mediator, notwithstanding the written consent of both parties - the duration of mediation may not exceed two months following the date on which the matter is referred to the mediator, notwithstanding the written consent of both parties - any oral or written exchanges by and between the parties during mediation are strictly confidential and under no circumstances whatsoever will these be sent to any third-party - if the parties reach an agreement within the agreed timeframe, this agreement will be logged as a settlement agreement and signed by the parties and mediator, and will become legally binding and enforceable. - if mediation fails following the agreed timeframe, the most diligent party may refer the case to the competent court as indicated under article 15 hereunder.
This contract is governed by French law. The language of this contract is French. In case of any dispute, French Courts will have sole and exclusive jurisdictional competence.
In such instance as any of these provisions should be deemed inapplicable by virtue of any legislation in force, the parties hereby agree to renegotiate in good faith so as to protect the economic situation in which they found themselves as close as possible under the provision which has been rendered inapplicable. If they should fail to replace this provision in a mutually acceptable and applicable manner, this provision will be excluded from these presents and the rest of the general terms and conditions and other provisions will be unaltered, continue to remain enforceable with the same scope, and be interpreted as if said provision had not existed.
The Company hereby reserves the right to adapt or amend these general terms and conditions of sale. The new general terms and conditions of sale will be, where applicable, notified to the Client by way of an online modification and applicable solely and exclusively to those sales which are undertaken after modification.
How long do I have to exercise my right of retraction? If you wish to exercise your right of retraction, you should notify us accordingly within 14 days: - Either following receipt of your order. - Or following the date on which you take out your subscription. As appropriate, you will then have a total of 14 additional days in which to return your order to us (aside for subscriptions). Important information If your return is undertaken after this 14-day period, we reserve the right to refuse your package and to return this to you. We hereby remind you that you cannot exercise your right of retraction for leisure activities such as tastings, oenology classes, events or travel provided for a given date or period. Your right of retraction will also not be applicable in the event of taking out a digital subscription insofar as you have expressly waived your right of retraction when placing your order for the subscription. How can I notify my intention to exercise my right of retraction? To notify your intention to exercise your right of retraction, you should complete the form available here and send a completed copy, along with your package where appropriate, to: METEO CONSULT, 1 rue Antoine de Baïf, Domaine de Marsinval, 78540 VERNOUILLET,
How can I return my package?
Where appropriate, using the retraction form, you should then send your package to us respecting the following terms and conditionsUpon receipt of your request, provided it is valid, we will reimburse you for your order.
